knowing thereof, shall respectively forfeit 500 dollars for each person thus unlawfully employed or received in any one voyage; which sums shall be recovered, although such person shall have been entered in the certified list of the crew, by the collector for the district to which the vessel may belong; and all penalties and forfeitures incurred by virtue of this act, may be sued for, and recovered, with costs of suit, by action of debt, one moiety to the use of the person who shall sue, and the other moiety to the use of the United States.

Nothing in this act shall be construed to prohibit any commander or master of a public or private vessel of the United States, whilst in a foreign port, from receiving any American seamen in conformity to law, or supplying any deficiency of seamen on board his vessel by employing American seamen or subjects of such foreign country, the employment of whom shall not be prohibited by the laws thereof.

This act is only to have effect with respect to seamen whose government shall adopt similar regulations as to the exclusion of American seamen, and it is not to be construed so as to prevent any arrangement or treaty between the United States and any foreign power on the subject.

Such is the ground which the United States have taken in relation to the principal subject in dispute between them and Great Britain.

§ 4. An act was also passed ordering the secretary of the treasury to provide new certificates of registry for American vessels, to be exchanged gratis by the collectors of the customs for the old ones, which were to be retained and defaced.

In the course of the session, a number of acts were passed for the increase and better organization of the army.

§ 5. In order to accelerate the completion of the present military establishment, an advance of $24 was authorized to each recruit on account of his pay, in addition to the existing bounty of $16, together with the bounty of 160 acres of land. The pay of the private soldier was likewise raised from six to eight dollars per month, and that of the non-commissioned officers, musicians, &c. in proportion. Non-commissioned officers and soldiers were also freed from arrest for debts contracted either before or after enlistment. The premium to recruiting officers was raised from two to four dollars for each recruit. Persons performing a tour of militia duty were authorized to enlist into the regular service, by which they would be exonerated from serving the remainder of their tour of duty, and the state to which they might belong was not to be required to furnish any persons in their stead. Recruits were to have the option of serving

till the end of the war, instead of five years, in which case they were to have the same bounties both in money and land.

§6. Twenty additional regiments were also authorized to be raised for one year, the recruits to receive a bounty of sixteen dollars in money, but no land; the recruiting officers a premium of two dollars for each enlistment. No person under 21 was to be enlisted without the consent of his parents or guardians in writing. By a subsequent act the president was authorized to raise ten additional companies of rangers for the defence of the Indian frontier, in lieu of one of the regiments for one year.

§7. An act was also passed for the better organization of the general staff. The appointment of six additional major-generals was authorized, each of whom was to be allowed two aidsde-camp, to be taken from the officers of the line; and six brigadier-generals, to be allowed each a brigade-major and one aid-de-camp, to be taken also from the officers of the line. An additional sergeant and third lieutenant to each company, and an additional major to each regiment in the army, was likewise authorized.

§ 8. Provision was also made for the better supplying of the army, and for the accountability of persons entrusted with furnishing supplies.

9. As connected with the military establishment, we may here mention, that an act was passed this session, authorizing the president, during this or any other war, to direct the postmaster-general to send a mail between the head-quarters of any army of the United States, and such post-office as he may think proper.

10. A bill was introduced into the house of representatives making a further appropriation of $ 400,000 annually, in addition to the sums already appropriated, for arming the whole body of the militia, and providing for classifying the militia in three classes: the minor to consist of those between 18 and 21 years of age; the junior of those between 21 and 31; and the senior of those between 31 and 45. This bill passed the house 67 to 48, but was lost in the senate.

§ 11. A law was passed enacting that the non-commissioned officers, musicians, and privates of the volunteer and militia corps should be entitled to the same increase of pay as the regulars. It likewise provided that the fines imposed by courts martial on militia or volunteers in the service of the United States, should be certified to the comptroller of the treasury, and paid into the treasury by the marshals, within two months after collection.

§ 12. On the 27th of November, the committee on the naval

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establishment made a report to the house, asking leave to report a bill to increase the navy. The report was accompanied by a letter from the secretary of the navy, enclosing one from captain Stewart of the United States frigate Constellation, and sundry estimates of the expense of building, &c. ships of different force. By these documents it appears, that the weight of metal discharged at one round of a ship rating 74 guns, is 3224 lbs., and of a frigate only 1360 lbs., being nearly three to one. That the expense of building and equipping a 74 would not exceed $ 300,000, while a frigate would cost upwards of 200,000. That the number of men required for a 74 is 650, in a frigate From which it appears that by the addition of one half in expense and number of men, the force is increased nearly three fold. Ships of the line, too, being much stronger in scantling, thicker in the sides and bottom, and less penetrable to shot, are consequently less liable to be torn or battered to pieces, or sunk. From these data captain Stewart delivers his opinion, which was concurred in by capts. Hull and Morris, that three frigates would not be able to stand before a 74, notwithstanding the advantages they would derive from their divided force. "Suppose,' he says, "three frigates of 50 guns were to undertake to batter a 74 gun ship, and that two of them were to occupy the quarter and stern of the 74 (this is placing them in the most favourable position), the other frigate engaged abreast, every thing would then depend on the time the frigate abreast could maintain that position to enable the other two to act with effect on her stern and quarter. But it must appear evident, to all acquainted with the two classes of ships, that the frigate abreast could not withstand the fire of so heavy and compact a battery many minutes; --and in all probability would be dismasted or sunk the first or second broadside. This would decide the fate of the other two." For the prosecution of the present war with the most effect, a mixed naval force of the following description is, in captain Stewart's opinion, the best calculated: ships of the line, to rate, in honour of the year of our independence, seventysixers, to mount 88 guns; frigates to rate 40 guns, to mount 50; frigates to rate 32, to mount 44; and corvette ships to rate 16, to mount 20 guns. "By having a proportion of these classes of ships of war, the inner squadron, or guarda costa, may be composed of the ships of the line, and a few of the 32 gun ships, for repeaters and look out ships. Hence it would produce one of two results, either that the enemy would be obliged to abandon our coast, or bring on it a much greater force, at least double our number, out of which they would be obliged to keep on our coast a superiority at all hazards of the

sea; and at great additional expense and risk of transports, to provision and water them. But should they, from other circumstances, be unable to keep up this superiority on our coast, the door will be kept open for the ingress and egress of our cruizers and their prizes, while our other classes of ships may be sent in pursuit of their smaller cruizers and commerce. These observations will apply to all future wars in which we may be engaged with the maritime powers; but as we might more frequently be engaged with the Barbary powers, the frigates and 16 gun ships would be better adapted to that species of warfare.They have no ships of the line. The ships of the line could then be laid up in ordinary, dismantled, and preserved at a small expense." A dry dock is highly recommended, as the most efficacious and least expensive mode of repairing ships of war, and as expediting the out-fits in one tenth of the time. It is stated, indeed, to be indispensably necessary. The captain concludes by strongly urging on the committee "the necessity of having what they propose for the increase of the navy, of the best seasoned materials, which will be by far the cheapest, and be longer in a state for active service. I trust their past experience will prove to their satisfaction this position, that the best materials are always the cheapest, and that a slow increase is better than a hasty and temporary one."

§ 13. On the 30th of November the committee of the senate on naval affairs reported a bill authorizing the president to build forthwith four seventy-fours, and six forty-four gun frigates.A motion was made, on its second reading, to strike out the seventy-fours, which was negatived 23 to 7. Considerable opposition was made to the seventy-fours in the house of representatives, and a motion was actually carried, 56 to 53, for striking out that part of the bill. The motion for striking out, however, was on a subsequent day reconsidered, and finally negatived, 52 to 58. The bill became a law, after being amended, by substituting as soon as suitable materials can be procured therefor," in place of " forthwith."

An act was afterwards passed for building six sloops of war, and also authorizing the president to build, or procure, such a number of sloops of war or other armed vessels as the public service might require on the lakes.

An appropriation of $100,000 was also made for establishing a dock-yard for repairing vessels of war, in such central and convenient place on the seaboard as the president should. designate.

He was likewise authorised to sell such of the gun-boats as

should have become unfit for service, or as in his judgment might be no longer necessary to be retained by government.

$14. Early in the session a number of petitions were presented to congress from the owners of privateers in Boston, New York, Norfolk, and Portsmouth (Virg.), praying a reduction of the duties on prize goods, on the ground of the heavy duties and other enormous charges consuming nearly the whole proceeds of the captured property, and thus destroying a species of naval armament, the most destructive to the commerce of the enemy. They urge upon congress, that no naval force of any efficacy could be supported by government but at an expense far greater than the amount of the duties of which they pray the remission; and that the employment of a great number of experienced masters of vessels and seamen necessarily engaged in them, whose services could not probably be obtained in any other way, and whose skill and intrepidity produce so much honour to the country, forms another important consideration. These petitions were referred by the house of representatives to the committee of ways and means, who, on the 21st of December, reported, that it was inexpedient to grant the prayer of the petitioners. This report was accompanied by a letter from the agents of the petitioners from New York, and a letter from the secretary of the treasury, which the committee state to contain all the facts and views which will probably be found material in the examination and consideration of this subject. The secretary of the treasury, in his letter to the committee, is decidedly opposed to the prayer of the petitioners. "No part of the duties on prize goods," says he, "ultimately falls on the captors. The duties on importations are paid by the consumers, whether the merchandise be captured by privateers, or regularly imported by. merchants. There may be accidental exceptions arising from such a superabundance of a particular article as will sink its price below the prime cost and charges. It is not believed that this is now the case, and it is very improbable that during the war this should be the case, with respect to any species of foreign merchandise whatever. Coffee, which is the most abundant article, pays a duty of ten cents a pound. The price for exportation, in which case no duty is paid, is about six cents; and the price for home consumption is at least sixteen cents. Indeed it is evident that a reduction of duties will be of no use to the privateers, unless the merchandise continues to be sold at the same price, as if the duties had not been reduced. In order to render the reduction beneficial to the captors of prize goods, the consumers must still pay the same price as heretofore; the only difference being, that the duty still thus levied upon them would M

VOL. I.