Non-Intercourse Act - March 1, 1809 An ACT to interdict the
commercial intercourse between the United States and Great Britain
and France, and their dependencies; and for other purposes.
Be it enacted . . ., That from and after the passing of this act,
the entrance of the harbors and waters of the United States and of
the territories thereof, be, and the same is hereby interdicted to
all public ships and vessels belonging to Great Britain or France,
excepting vessels only which may be forced in by distress, or which
are charged with despatches or business from the government to which
they belong, and also packets having no cargo nor merchandise on
board And if any public ship or vessel as aforesaid, not being
included in the exception above mentioned, shall enter any harbor or
waters within the jurisdiction of the United States. or of the
territories thereof, it shall be lawful for the President of the
United States, or such other person as he shall have empowered for
that purpose, to employ such part of the land and naval forces, or
of the militia of the United States, or the territories thereof, as
he shall deem necessary, to compel such ship or vessel to depart.
SEC. 2. And be it further enacted, That it shall not be lawful
for any citizen or citizens of the United States or the territories
thereof, nor for any person or persons residing or being in the
same, to have any intercourse with, or to afford any aid or supplies
to any public ship or vessel as aforesaid, which shall, contrary to
the provisions of this act, have entered any harbor or waters within
the jurisdiction of the United States or the territories thereof;
and if any person shall, contrary to the provisions of this act,
have any intercourse with such ship or vessel, or shall afford any
aid to such ship or vessel, either in repairing the said vessel or
in furnishing her, her officers and crew with supplies of any kind
or in any manner whatever, or if any pilot or other person shall
assist in navigating or piloting such ship or vessel, unless it be
for the purpose of carrying her beyond the limits and jurisdiction
of the United States, every person so offending, shall forfeit and
pay a sum not less than one hundred dollars, nor exceeding ten
thousand dollars; and shall also be imprisoned for a term not less
than one month, nor more than one year.
SEC. 3. And be it further enacted, That from and after the
twentieth day of May next, the entrance of the harbors and waters of
the United States and the territories thereof be, and the same is
hereby interdicted to all ships or vessels sailing under the flag of
Great Britain or France, or owned in whole or in part by any citizen
or subject of either; vessels hired, chartered or employed by the
government of either country, for the sole purpose of carrying
letters or despatches, and also vessels forced in by distress or by
the dangers of the sea, only excepted. And if any ship or vessel
sailing under the flag of Great Britain or France, or owned in whole
or in part by any citizen or subject of either, and not excepted as
aforesaid, shall after the said twentieth day of May next, arrive
either with or without a cargo, within the limits of the United
States or of the territories thereof, such ship or vessel, together
with the cargo, if any, which may be found on board, shall be
forfeited, and may be seized and condemned in any court of
the United States or the territories thereof, having competent
jurisdiction, and all and every act and acts heretofore passed,
which shall be within the purview of this act, shall be, and the
same are hereby repealed.
SEC. 4. And be it further enacted, That from and after the
twentieth day of May next, it shall not be lawful to import into the
United States or the territories thereof, any goods, wares or
merchandise whatever, from any port or place situated in Great
Britain or Ireland, or in any of the colonies or dependencies of
Great Britain, nor from any port or place situated in France, or in
any of her colonies or dependencies, nor from any port or place in
the actual possession of either Great Britain or France. Nor shall
it be lawful to import into the United States, or the territories
thereof, from any foreign port or place whatever, any goods, wares
or merchandise whatever, being of the growth, produce or manufacture
of France, or of any of her colonies or dependencies, or being of
the growth, produce or manufacture of Great Britain or Ireland, or
of any of the colonies or dependencies of Great Britain, or being of
the growth, produce or manufacture of any place or country in the
actual possession of either France or Great Britain: Provided, that
nothing herein contained shall be construed to affect the cargoes of
ships or vessels wholly owned by a citizen or citizens of the United
States, which had cleared for any port beyond the Cape of Good Hope,
prior to . . . [December 22, I807,] . . . or which had departed for
such port by permission of the President, under the acts
supplementary to the act laying an embargo on all ships and vessels
in the ports and harbors of the United States. SEC. II. And be it
further enacted, That the President of the United States be, and he
hereby is authorized, in case either France or Great Britain shall
so revoke or modify her edicts, as that they shall cease to violate
the neutral commerce of the United States, to declare the same by
proclamation; after which the trade of the United States, suspended
by this act, and by the. . . [Embargo Act] . . . and the several
acts supplementary thereto, may be renewed with the nation so doing:
SEC. I2. And be it further enacted, That so much of the . . .
[Embargo Act] . . . and of the several acts supplementary thereto,
as forbids the departure of vessels owned by citizens of the United
States, and the exportation of domestic and foreign merchandise to
any foreign port or place, be and the same is hereby repealed, after
. . . [March I5, I809,] . . . except so far as they relate to Great
Britain or France, or their colonies or dependencies, or places in
the actual possession of either....
SEC. I3. And be it further enacted, That during the continuance
of so much of the . . . [Embargo Act], . . . and of the several acts
supplementary thereto, as is not repealed by this act, no ship or
vessel bound to a foreign port, with which commercial intercourse
shall, by virtue of this act, be again permitted, shall be allowed
to depart for such port, unless the owner or owners, consignee or
factor of such ship ol vessel shall, with the master, have given
bond with one or more sureties to the United States, in a sum double
the value of the vessel and cargo, if the vessel is wholly owned by
a citizen or citizens of the United States; and in a sum four times
the value, if the vessel is owned in part or in whole by any
foreigner or foreigners, that the vessel shall not leave the port
without a clearance, nor shall, when leaving the port, proceed to
any port or place in Great Britain or France, or in the colonies or
dependencies of either, or in the actual possession of either, nor
be directly or indirectly engaged during the voyage in any trade
with such port, nor shall put any article on board of any other
vessel; nor unless every other requisite and provision of the second
section of the act, entitled "An act to enforce and make more
effectual an act, entitled An act laying an embargo on all ships and
vessels in the ports and harbors of the United States, and the
several acts supplementary thereto," shall have been complied
with....
SEC. I4. And be it further enacted, That so much of the . . .
[Embargo Act] . . . and of the several acts supplementary thereto,
as compels vessels owned by citizens of the United States, bound to
another port of the said States, or vessels licensed for the
coasting trade, or boats, either not masted or not decked, to give
bond, and to load under the inspection of a revenue officer, or
renders them liable to detention, merely on account of the nature of
their cargo, (such provisions excepted as relate to collection
districts adjacent to the territories, colonies or provinces of a
foreign nation, or to vessels belonging or bound to such districts)
be, and the same is hereby repealed, from and after . . . [March
I5,1809]
[SEC. 17 repeals act of April I8, I806, and supplementary acts
after May 20,]
SEC. I9. And be it further enacted, That this act shall continue
and be in force until the end of the next session of Congress, and
no longer; and that the act laying an embargo on all ships and
vessels in the ports and harbors of the United States, and the
several acts supplementary thereto, shall be, and the same ate
hereby repealed from and after the end of the next session of
Congress. |