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Vol. I. Ch. III. council of state. I am also instructed to detect and expose every species of fraud, or violation of the laws of nations and of the American flag; all voluntary neglect or sacrifice of the property, rights, and interests of American shippers, merchants, and insurers; and to render an account to the executive of the United States, of every circumstance which I may consider worthy of its notice, concerning the arrestation, detention, or release of American seamen, and of vessels and cargoes in France, or in countries to which the regulations and decisions of her maritime courts and authority do or shall hereafter extend.

Instructions to
Consul from

Consul General. (1)

In order to execute more effectually the general and special instructions of the President and of the Secretary of Foreign Relations of the United States on this head, you are hereby requested to inform the captain, supercargo, or agent of every American vessel, captured and conducted to or arrested in the port or ports of your consular department, that it is my public duty, and consequently my great desire, to give to claimants every useful aid and advice; to seek for them as much as in my power prompt and impartial justice, and vigilantly to watch over and protect their interests. It is also proper to apprise them, that nothing more is necessary than the procuration of the captain, or consignee, or attorney, in fact, to enable me to perform all that can be required in the prosecution of a claim: and that this document will be cancelled when the case is finally adjudged. Moreover, it may be useful to observe, that my services are offered without commission or pecuniary or other compensation.

You are entreated, gentlemen, to report to me every case of capture and of sequestration, to acknowledge the receipt of this circular, and to communicate its contents to the commercial and banking-houses within your district which have relations with those of the United States. On my part, I tender you my good will, friendly aid, and correspondence, whenever you may think them useful, in relation to your public duties.

Mr. having this day communicated to me your refusal to act without my advice, concerning the discharge of the crews of the American schooners, the Erect and General Green, of which he is the owner, it is my duty to submit to you the following observations on this subject:

It appears that these vessels sailed from the port of Philadelphia for that of Genoa, prior to the declaration of war by the United States against England; that the crews were shipped for the voyage; that the voyage was broken by an unforeseen casualty, which obliged Mr. to lay up the vessels in your port, where they still remain. The seamen, unwilling to continue on board, solicit and obtain their discharge, without the intervention of the Consul. Their refusal would have given rise to a curious question concerning the duration of their lien, or contract with the vessel, which is not our business here to examine. The points which require discussion, in relation to your consular duties, are those concerning the manner and conditions of the discharge. With respect to the first, the laws are clear and positive. Though seamen, with their own consent, be discharged in a foreign country, it is nevertheless the duty of the master or commander to pay to the Consul three months wages more than are due, of which he is to give two-thirds to each seaman, upon his engagement on board of a vessel to return to the United States, and to retain the other third for the maintenance and passage

home of destitute seamen. If the master refuse to comply with the conditions of the law, the Consul ought to have the means to enforce its execu tion, by the arrestation of his ship, goods, or person; but on this head the act is silent, and the Consul is left to decide as his judgment may direct. The question for information is, whether, under the peculiar circumstances of this case you have a right to demand three months extra wages?

(1) Ori. of Consular Establ. 165.

Mr. argues that the rupture between the United States and England Vol. I. Ch. IIL was an unforeseen circumstance, over which he had no controul; that the risk of capture rendered it impossible for the vessel to return immediately, and perhaps not before a considerable lapse of time, to the port to which she belongs, and therefore that the contract between the captain and seamen ceases to exist. In other words, he seems to consider her in the same situation with regard to her crew, as if captured, stranded, or condemned. To this it may be objected, that there is still some chance of avoiding the enemy, and completing the voyage; and yet the dread of capture by the English, and merciless corsairs of Barbary, which cover the Mediterranean, would have probably frightened the seamen from their engagement in the homeward voyage, if it had been possible for the captain to have proposed to put to sea. This case is singular, and has not been anticipated, neither in our marine laws nor consular instructions.

In a circular letter of July 1805, addressed to Consuls by the Department of State, it is observed, that according to the opinion of the Attorney Gene ral of the United States, Consuls have no claim for extra pay, in cases where vessels stranded or adjudged as not sea-worthy; that this provision is restricted to voluntary sales of vessels and discharges of their crews, in the ordinary course of trade, or to an alteration of the original voyage. present case the voyage was not changed; the vessel remains unsold, she is neither stranded or condemned; but the Mediterranean being so covered with the corsairs of two enemies, is for her unnavigable, a circumstance which, by parity of reason, may form another exception to the provision of the act concerning the extra pay of seamen.

In the

Mr. S. in his letter to me on the subject, states, that the crew, by contract were not entitled to receive any portion of their wages before their return to the United States; that they agreed not to demand the additional advance allowed them by the laws; that they have received the whole amount of their pay, of which to several of them 12 months were due: that if authorized by me, he is willing to deposit at your consulate, one month's extra wages for such seaman. In conversation he has, moreover, observed, that all of them except two, are provided with funds (which remain in the hands of his agent), to carry them to a port of embarkation for the United States.

Their detention, since the date of their discharge, is attributed to the difficulties of the case, which prevented your official decision; to the want of passports, or the intervention of the authorities of Genoa; and therefore Mr. S. may not be considered as responsible for the expences incurred since the date of the receipt in full, of which you have transmitted copies.

Under all these circumstances, it seems to me to be your duty to prevent these seamen from being lost to their country, and for this purpose to accept the deposit of one month's wages for each, destined for the relief of others, to procure passports, and a feuille de route, to enable them to proceed to Bourdeaux, and to advance reasonable sums for the travelling expences of those who have not funds sufficient for this purpose, which may be done without any charge to the United States, by instructing the Consul at Bour deaux, or other port, to deduct the amount from the wages advanced by the captain of the ship with whom they have embarked. There are at present more than 20 American vessels at the port of Bourdeaux, several of which, as I am informed, require additional seamen, who will receive wages to the amount of 25 dollars per month. If those in question should not arrive in season to find employment there, by proceeding to the port of Nantes, Mr. D. supercargo of the Bellona, which has not her complement, will engage them on liberal terms on board that schooner. They may be transported in a very economical manner by the feluccas or coasting boats to Marseilles, (where they may be placed under the direction of our Consul), and thence by the canal of Languedoc to Bourdeaux, the port of embarkation.

Vol. I. Ch. IV.

Instructions to the captain to require the duty of the flag. (1)

Instructions to the lieutenant.

CHAP. IV.

Duty of the Flag.

THE following are the forms of instructions issued respecting the Duty of the Flag.

Upon your meeting with any ship or ships within His Majesty's seas, (which, for your better guidance herein, you are to take notice extend to Cape Finisterre) belonging to any foreign prince or state, you are to expect that in their passage by you, they strike their top-sail and take in their flag in acknowledgement of His Majesty's sovereignty in those seas; and if any shall refuse to do it, or offer to resist, you are to use your utmost endeavours to compel them thereunto, and in no wise to suffer any dishonour to be done to His Majesty.

You are to take upon yourself the entire charge and conduct of His Majesty's said ship, and stand accountable for the well executing the whole duty of commander thereof, during the absence or in case of the death of your said commander, with respect as well to the printed general instructions given to commanders (a copy whereof is hereunto annexed) as any other particular orders of His Majesty, &c.

Vol. I. Ch. V.

Act of Naturalization of Prince Leopold.

CHAP. V.

Naturalization and Denization, Forms relating to.
An Act for the Naturalization of His Serene Highness Leopold George
Frederick Duke of Saxe, Margrave of Meissen, Landgrave of Thurin-
guen, Prince of Cobourg of Saalfeld; and settling his Precedence.

[Passed in 56 Geo. 3.]

and

WHEREAS His Royal Highness The Prince Regent, acting in the name and on the behalf of His most Sacred Majesty, bas, to the universal joy satisfaction of His Majesty's subjects, judged it proper that an alliance should be contracted between the family of His Majesty and His Serene Highness Leopold George Frederick Duke of Saxe, Margrave of Meissen, Landgrave of Thuringuen, Prince of Cobourg of Saalfeld; and has therefore in the name and on the behalf of His Majesty, consented, with the full agreement of the parties interested, that a marriage should be celebrated between the most high and illustrious Princess Charlotte Augusta, daughter of His Royal Highness The Prince of Wales, Regent of the United Kingdom of Great Britain and Ireland, and His Serene Highness: And whereas a more grateful proof of the esteem and affection of this Kingdom cannot be given to His Serene Highness, than by an act of naturalization to make him capable of enjoying those rights and liberties which are enjoyed in this Realm: We, Your Majesty's most dutiful and loyal subjects, do most humbly beseech Your Majesty that it may be enacted; and be it enacted by the King's most excellent Majesty, by and with the advice and consent of the Lords spiritual and temporal, and Commons, in this present parliament assembled, and by the authority of the same, that the said Leopold George Frederick Duke of Saxe, Margrave of Meissen, Landgrave of Thuringuen, Prince of Cobourg of Saalfeld, when and so soon as he shall have taken the oaths of allegiance and supremacy before the Lord High Chancellor, which oaths the Lord High Chancellor is hereby authorized to administer, shall be, to all intents and purposes whatsoever, deemed, taken, and esteemed a

(1) See ante, i vol, 102 p. 2.

natural-born subject of this Kingdom, as if His Highness had been born Vol. I. Ch. V. within this Realm; any law, statute, matter, or thing whatsoever to the contrary notwithstanding.

2. And be it further enacted, that the said Lord High Chancellor shall, immediately after such oaths shall have been taken before him, certify the same, and cause such certificate to be recorded in the high court of chancery.

3. And be it further enacted, that when and so soon as the said marriage shall have been celebrated, it shall be lawful for His Majesty, to give to the said Leopold George Frederick Duke of Saxe, Margrave of Meissen, Landgrave of Thuringuen, Prince of Cobourg of Saalfeld, for and during the term of His natural life, such precedence and rank before the Lord Archbishop of Canterbury, the Lord Chancellor, and all other great officers, and the Dukes, (other than and except the Dukes of the Blood Royal), and all other Peers of this Realm, as His Majesty shall deem fit and proper; any law, statute, or custom whatsoever to the contrary notwithstanding.

An Act for naturalizing Philip Novelli.

[Passed in 3 Geo. 4.]

Humbly beseecheth Your most Excellent Majesty, the Lords Spiritual and Temporal, and Commous, in this present Parliament assembled, Philip Novelli, Son of Andrea Novelli and Margheritta Castellario his wife, born at Chieri in Italy, out of Your Majesty's allegiance, professing the Protestant Religion, and having given testimony of his loyalty and fidelity to Your Ma. jesty and the good of the United Kingdom of Great Britain and Ireland, that it may be enacted; and be it enacted by the King's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, that he the said Philip Novelli shall be, and he is hereby from henceforth naturalized, and shall be adjudged and taken to all intents and purposes to be naturalized, and as a free born subject of the said United Kingdom, and he is and shall be from henceforth adjudged, reputed, and taken to be, in every condition, respect, and degree, free, to all intents, purposes, and constructions, as if he had been born a natural subject within the said United Kingdom:

And be it further enacted, that he the said Philip Novelli shall be, and he is hereby enabled and adjudged able, to all intents, purposes, and constructions whatsoever, to inherit and be inheritable and inherited, and to demand, challenge, ask, take, retain, have, keep, and enjoy all or any manors, lands, tenements, hereditaments, goods, chattels, debts, estates, and all other privileges and immunities, benefits and advantages, in law or in equity, belonging to the liege people and natural born subjects of the said United Kingdom, and to make his resort or pedigree as heir to his ancestors, lineal or collateral, by reason of any descent, remainder, reverter, right, title, conveyance, legacy, or bequest whatsoever, which hath, may, or shall from henceforth descend, remain, revert, accrue, or grow due unto him, as also from henceforth to ask, take, have, retain, keep, and enjoy all manors, lands, tenements, and hereditaments, which he may or shall have by way of purchase or gift of any person or persons whomsoever, and to prosecute, pursue, maintain, avow, justify, and defend all and all manner of actions, suits, and causes, and all other things to do as lawfully, liberally, freely, and surely, as if the said Philip Novelli had been born of parents being natural born subjects of the said United Kingdom, and as any person born or derived from parents being natural born subjects of the said United Kingdom may lawfully or in any wise do, and he the said Philip Novelli in all things, and to all intents and purposes shall be taken to be, and shall be a natural liege sub

(1) See 1 vol. 123.

Naturalization
Act, general

Form. (1)

Vol. L Ch. V. ject of the said United Kingdom, any law, act, statute, provision, custom, ordinance, or other matter or thing whatsoever had, made, done, promulged, proclaimed, or provided to the contrary thereof in any wise notwithstanding: And be it further enacted, that he the said Philip Novelli shall not hereby be enabled to be of the Privy Council, or a Member of either House of Parliament, or to take any office or place of trust, either civil or military, or to have any grant of lands, tenements, or hereditaments from the Crown to himself, or any other person or persons in trust for him, any thing herein contained to the contrary notwithstanding:

An Act for naturalizing

4 & 5 Ann.

And be it further enacted, that he, the said Philip Novelli, shall not hereby obtain or be entitled to claim within any foreign country, any of the immunities or indulgences in trade which are or may be enjoyed or claimed therein by natural born subjects of the said United Kingdom, by virtue of any treaty or otherwise, unless he the said Philip Novelli, shall have inhabited and resided within the said United Kingdom, or the dominions thereunto belonging, for the space of seven years subsequent to the first day of this present session of

Parliament, and shall not have been absent out of the same for a longer space than two months at any one time during the said seven years; any thing herein contained to the contrary notwithstanding.

Humbly beseech Your most Excellent Majesty, the Lords Spiritual and William Burnet. Temporal, and Commons, in this present Parliament assembled, William Burnet, son of Gilbert Lord Bishop of Salisbury and Mary Scot his wife, born at the Hague in Holland, (an infant under the age of one and twenty years) out of Your Majesty's allegiance, but professing the true Protestant reli gion, and having given good testimony of his humble, dutiful, and loyal affection to Your Majesty, and the good of the kingdom of England, that it may be enacted; and be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, that the said William Burnet shall be and is hereby from henceforth naturalized, and shall be adjudged and taken to all intents and purposes naturalized, and a free born subject of this Kingdom of England; and he is and shall be from henceforth adjudged and taken to be, in every condition, respect, and degree, free, to all intents, purposes, and constructions, as if he had been and was a natural subject within this kingdom of England.

And be it further enacted, declared, and ordained, by the authority aforesaid, that the said William Burnet shall be and is hereby enabled and adjudged able, to all intents, purposes, and constructions whatsoever, to inherit and be inheritable and inherited, and to demand, challenge, ask, take, receive, have and enjoy, all or any manors, lands, tenements, hereditaments, goods, chattels, debts, estates, and all other privileges and immunities, benefit and advantage in law and equity, belonging to the liege people and natural born subjects of this kingdom; and to make his resort or pedigree as heir to his ancestors, lineal and collateral, by reason of any descent, remainder, revertor, right, or title, conveyance, legacy or bequest whatsoever, which hath, may, or shall from henceforth descend, remain, revert, accrue, or grow due unto him; as also from henceforth to take, have, retain, keep, and enjoy all manors, lands, tenements, and hereditaments, which he may or shall have by any purchase or gift of any person or persons whatsoever; as also to prosecute, pursue, maintain, avow, justify, and defend all and all manner of actions, suits, and causes, and all other things to do, as lawfully, liberally, freely, and surely as if he the said William Burnet had been born of English parents within this kingdom of England, or as any other person or persons, born or derived from English parents within this kingdom of England, may lawfully in any wise do, and in all things, and to all intents shall be taken to be, and shall be a natural liege subject of this kingdom of England; any law, act, statute, provision, custom, or dinance, or other thing

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