Knox, Henry (1750-1806) to Richard Dobbs Spaight, Jr.
High-resolution images are available to schools and libraries via subscription to American History, 1493-1943. Check to see if your school or library already has a subscription. Or click here for more information. You may also order a pdf of the image from us here.
Gilder Lehrman Collection #: GLC01074 Author/Creator: Knox, Henry (1750-1806) Place Written: Philadelphia, Pennsylvania Type: Manuscript letter signed Date: 1 July 1794 Pagination: 2 p. : docket ; 32 x 20 cm. Order a Copy
Secretary of War Knox writes from the War Department to North Carolina's Governor Spaight regarding American regulations restricting the arming of U.S. vessels and those of belligerent nations. Discusses special cases in which American vessels could be armed, as long as they were not colluding to violate neutrality towards the British and French. Notes that such a decision must first be approved by the President of the United states. Marked "Registered" on docket page.
War department
July 1:st 1794.
Sir,
Some doubts having arisen in several of the States as to the circumstances of equipment in any vessel belonging to the belligerent nations which may be deemed an unlawful increase or augmentation of force, it has been judged adviseable in order that an uniform principle may prevail upon the subject to give the following explanation.
The mounting additional Guns, or changing or altering the Calibre or size of the Guns in any manner whatever, the making [inserted: of] new Gun Carriages or the cutting of new port holes in any part of a vessel are each adjudged to be an unlawful augmentation of force, and therefore to be prevented.
This construction had its full operation upon the British letter of Marque Ship Jane, which arrived in the port of Philadelphia in the month of July 1793. New Gun Carriages were made, additional Guns mounted, which had been brought in the hold of the said vessel and new port holes were cut in her sides and stern. Each and every one of these Acts being deemed unlawful, she was obliged to reland the new Gun Carriages, dismount the additional Guns and dismantle and effectually close up the new port holes.
Altho' this rule has been hitherto considered as applicable to the belligerent powers only; yet in order to prevent any abuse or national responsibility [2] responsibility from the Subjects of other neutral nations fitting out or equipping vessels in our Ports for the use of one of the warring nations it is extended to all vessels belonging even to neutrals.
The United States being also a neutral nation the Vessels of their Citizens in most cases do not require to be armed. The arming of such vessels therefore raises a presumption that it is done with an hostile intent and contrary to the prohibitions of the Act of Congress - Some special cases indeed may occur in which arming may be proper and necessary but these cases ought always to be well examined and ascertained lest they should cover collusions with some of the belligerent powers. To guard against such an abuse no vessel belonging to any Citizen of the United States is to be permitted to be armed and to sail until after all circumstances concerning her shall have been transmitted to the President and his decision thereon made known.
I have the honor to transmit herein enclosed a new rule as to the sailing of vessels of War of the belligerent nations from the United States and also an Act [inserted: entitled "an Act] in addition to an Act for the punishment of certain Crimes against the United States."
I have the honor to be
with great respect
your Excellency's obedient Servant
His Excellency HKnox
The Governor of North Carolina Secy of War
[docket]
Henry Knox
July 1.st 1794
Registered
Citation Guidelines for Online Resources
The copyright law of the United States (title 17, United States Code) governs the making of photocopies or other reproductions of copyrighted material. Under certain conditions specified in the law, libraries and archives are authorized to furnish a photocopy or other reproduction. One of these specific conditions is that the photocopy or reproduction is not to be “used for any purpose other than private study, scholarship, or research.” If a user makes a request for, or later uses, a photocopy or reproduction for purposes in excess of “fair use,” that user may be liable for copyright infringement. This institution reserves the right to refuse to accept a copying order if, in its judgment, fulfillment of the order would involve violation of copyright law.