seized as prize and condemned as such? If yea, set forth into what port she was carried, and by whom, and by what authority, or on what account she was condemned. 26. Have you sustained any loss by the seizing and taking the vessel concerning which you are now examined. If yea, in what manner do you compute such your loss. Have you already received any indemnity, satisfaction, or promise of satisfaction, for any part of the damage which you have sustained, or may sustain, by this capture and detention, and when and from whom? 27. Is the said vessel or goods, or any, and what parts, insured. If yea, for what voyage is such insurance made, and at what premium, and when and by what persons, and in what country was such insurance made? 28. In case you had arrived at your destined port, would your cargo, or any part thereof, on being unladen, have immediately become the property of the consignees, or any person, and whom. Or was the lader to take the chance of the market for the sale of his goods? 29. Let each witness be interrogated of the growth, produce, and manufacture, on board. the vessel; of what country and place was the lading concerning which they are now interrogated, or any part thereof. 30. Whether all the said cargo, or any and what part thereof, was taken from the shore, or quay, or removed, or transshipped from one vessel to another, from what and to what shore, quay, and vessel, and when and where was the same so done. 31. Are there in any country besides the United States, and where, or on board any and what vessel, or vessels, other than the vessel concerning which you are now examined, any bills of lading, invoices, letters, instruments, papers, or documents, relative to the said vessel or cargo, and of what nature are they, and what are their contents? 32. Were any papers delivered out of the said vessel, and carried away in any manner whatsoever, and when, and by whom, and to whom, and in whose custody, possession, or power, do you believe the same now are? 33. Was bulk broken during the voyage on which you were taken, or since the capture of the said vessel, and when, and where, by whom, and by whose orders, and for what pur pose, and in what manner? 34. Were any passengers on board the aforesaid vessel; were any of them secreted at the time of the capture. Who were the passengers by name. Of what nation, rank, profession, or occupation. Had they any commission-for what purpose, and from whom From what place were they taken on board, and when. To what place were they finally destined, and upon what business. Had any, and which of the passengers, any and what property, or concern, or authority, directly or indirectly, regarding the vessel and cargo. Were there any officers, soldiers, or mariners secreted on board, and for what reason were they secreted. Were any citizens of the United States on board, or secreted, or contined, at the time of the capture. How long, and why. Whether any persons on board the sai vessel, at the time of her capture, were citizens or residents of any state or territory of the United States, then in a state of war or rebellion against the United States, its government and laws. If so, who by name, and of what state or territory. What was their employment on board the vessel, and what their destination? 35. Were and are all the passports, sea-briefs, charter parties, bills of sale, invoices, and papers, which were found on board, entirely true and fair, or are any of them false or colerable. Do you know of any matter or circumstance to affect their credit. By whom were the passports or sea-briefs obtained, and from whom. Were they obtained for this vessel only, and upon the oath or affirmation of the persons therein described, or were they de livered to or on behalf of the person or persons who appear to have been sworn or to have affirmed thereto, without their having ever, in fact, made any such oath or affirmation. How long a time were they to last. Was any duty or fee payable and paid for the same, and is there any duty or fee to be paid on the renewal thereof. Have such passports been renewed, and how often, and has the duty or fee been paid for such renewal. Was the vessel in a port in the country where the passports and sea-briefs were granted, and if not, where was the vessel at the time. Had any person on board any passport, license, or ktters of safe conduct. If yea, from whom, and for what business. If it should appear that there are in the United States, or in any other place or country besides the United States, any bills of lading, invoices, instruments, or papers, relative to the vessel and goods concerning which you are now examined, state how they were brought into such place or country. In whose possession are they, and do they differ from any of the papers on board, Have you What was or in the United States, or elsewhere, and in what particular do they differ. 36 Toward what port or place was the vessel steering her course, at the time of her being first pursued and taken. Was her course altered upon the appearance of the vessel by which she was taken. Was her course at all times, when the weather would permit, directed to the place or port for which she appears to have been destined by the ship papers. Was the vessel, before or at the time of her capture, sailing beyond or wide of the said place or port to which she was so destined by the said ship papers. At what distance was she therefrom. Was her course altered at any, and what time, and to what other port or place, and for what reason? 37. By whom and to whom hath the said vessel been sold or transferred, and how often. At what time and at what place, and for what sum or consideration, has the same been paid or satisfied. Was the sum paid, or to be paid, a fair and true equivalent, or what security or securities have been given for the payment of the same; and by whom, and where do they now live. Do you know, or believe in your conscience, such sale or transfer has been truly made, and not for the purpose of covering or concealing the real property. Do you verily believe that if the vessel should be restored, she will belong to the persons now asserted to be the owners, and to none others? 38. What guns were mounted on board the vessel, and what arms and ammunition were belonging to her. Why was she so armed. Were there on board any other guns, weapons, warlike arms, or armament of any name or description, and if any, what. Were there any parts of warlike arms, not put together or finished, or any ammunition, fixed or unfixed, or any balls, shells, rockets, hand grenades, flints, percussion caps, or any other thing known to be intended for military equipment. Were there any belts, ball moulds, saltpetre, nitre, camp equipage, military tools, uniforms, soldiers' clothing, or accoutrements, or any parts of them, or any sort of warlike or naval stores. Were any of such warlike or naval stores, or things, thrown overboard to prevent suspicion at the time of the capture; and were any such warlike stores, before described, concealed on board under the name of merchandise, or any other colorable appellation, in the ship papers. If so, what are the marks on the casks, bales, and packages in which they were concealed. Are any of the before named articles, and which, for the sole use of any fortress or garrison in the port or place to which such vessel was destined. Do you know, or have you heard of any ordinance, placard, or law, existing in such country or state, forbidding the exportation of the same by private persons, without license. Were such warlike or naval stores put on board by any public authority. When and where were they put on board? 39. What is the whole which you know or believe, according to the best of your knowledge and belief, regarding the real and true property and destination of the vessel and cargo concerning which you are now examined, at the time of the capture? 40. Did the said vessel, on the voyage in which she was captured (or on), or during any or what former voyage or voyages, sail under the convoy of any ship or ships of war, or other armed vessel or vessels. For what reason or purpose did she sail under such convoy. Of what force was or were such convoying ship or ships, and to what state or country did the same belong. What instructions or directions had you or did you receive on each and every of such voyages, when under convoy, respecting your sailing or keeping in company with such armed or convoying ship or ships; and from whom did you receive such instructions or directions. Had you any, and what directions or instructions, and from whom, for resisting, or endeavoring to avoid or escape from capture, or for destroying, concealing, or refusing to deliver up your vessel's documents and papers; or any, and what other papers, that might be or were put on board your said ship. If so, state the tenor of such instructions and all particulars relating thereto. Are you in possession of such instructions, or copies thereof? If so, leave them with the commissioner, to be annexed to your deposition. 41. Did the said vessel, during the voyage in which she was captured, or on making any and what former voyage or voyages, sail to, or attempt to enter any port under blockade by the arms or forces of any, and what belligerent power. If so, when did you first learn or hear of such port being so blockaded, and were you at any, and what time, and by whom warned not to proceed to, or attempt to enter into, or to escape from. such blockaded port. What conversation or other communication passed thereon. And what course did you pursue upon and after being so warned off? 42. Whether or no the vessel, concerning which you are examined, did sail on her last voyage, prior to her seizure, carrying a commission or license as a privateer, or letter of marque and reprisal, or other authority from any person or persons, to cruise against te persons or property of the citizens of the United States, and to make prizes therecf By whom was such authority, license, or direction given, and when. Was it in writing. If so, did it remain with the vessel up to the time of her capture, or was it destroyed or concealed previous thereto. When, and by whom. What are the contents or purport thereof: State all the facts in your knowledge within this inquiry, and the sources of such knowledre Also state fully all the acts known to you to have been done by the vessel, her master or crew, under such commission or license, up to the period of her capture. 43. Whether or no the said vessel inquired about, at any time, and when and where sailed or acted in company or concert with any other armed vessel or vessels, and what, in cruising against, pursuing, or seizing as prize, any persons, vessels, or property of citizens of the United States? Declare fully and particularly your knowledge, information, and be lief therein. No. IV. PROVISIONS OF THE ACT OF CONGRESS OF 1800, CHAP. 33, §§ 5 AND 6, PROVIDING FOR THE DISTRIBUTION OF PROCEEDS OF PRIZES MADE BY PUBLIC ARMED SHIPS. SEC. 5. And be it further enacted, That the proceeds of all ships and vessels, and the goods taken on board of them, which shall be adjudged good prize, shall, when of equal or supe rior force to the vessel or vessels making the capture, be the sole property of the captors; and when of inferior force, shall be divided equally between the United States and the of eers and men making the capture. SEC. 6. And be it further enacted, That the prize money, belonging to the officers shall be distributed in the following manner: 1. To the commanding officers of fleets, squadrons, or single ships, three-twentiedis, of which the commanding officer of the fleet or squadron shall have one-twentieth, if the prize be taken by a ship or vessel acting under his command, and the commander of single ships two-twentieths; but where the prize is taken by a ship acting independently of such supe rior officer, the three-twentieths shall belong to her commander. 2. To sea lieutenants, captains of marines, and sailing masters, two-twentieths; but where there is a captain, without a lieutenant of marines, these officers shall be entitled to twotwentieths and one-third of a twentieth, which third, in such case, shall be deducted from the share of the officers mentioned in article No. 3, of this section. 3. To chaplains, lieutenants of marines, surgeons, pursers, boatswains, gunners, carpenters, and master's mates, two-twentieths. 4. To midshipmen, surgeon's mates, captain's clerks, school-masters, boatswain's mates, gunner's mates, carpenter's mates, ship's stewards, sailmakers, masters-at-arms, armorers, cockswains, and coopers, three-twentieths and a half. 5. To gunner's yeomen, boatswain's yeomen, quartermasters, quarter gunners, sailmaker's mates, sergeants and corporals of marines, drummers, fifers, and extra petty officers, twotwentieths and a half. 6. To seamen, ordinary seamen, marines, and all other persons doing duty on board, seven-twentieths. 7. Whenever one or more public ships or vessels are in sight at the time any one or more ships are taking a prize or prizes, they shall all share equally in the prize or prizes, according to the number of men and guns on board each ship in sight. No commander of a fleet or squadron shall be entitled to receive any share of prizes taken by vessels not under his immediate command; nor of such prizes as may have been taken by ships or vessels intended to be placed under his command, before they have acted under his immediate orders; nor shall a commander of a fleet or squadron, leaving the station where he had the command, have any share in the prizes taken by ships left on such station, after he has gone out of the limits of his said command. No. V. ACT OF CONGRESS OF JUNE 26TH, 1812, CHAP. 107, § 4. 485 PROVIDING FOR THE DISTRIBUTION OF PROCEEDS OF PRIZES TAKEN BY PRIVATEERS. And be it further enacted, That all captures and prizes of vessels, and property, shall be forfeited and shall accrue to the owners, officers and crows of the vessels by whom such captures and prizes shall be made, and on due condemnation had, shall be distributed according to any written agreement which shall be made between them-and if there be no such agreement, then, one moiety to the owners, and the other moiety to the officers and crew, to be distributed between the officers and crew, as nearly as may be according to the rules prescribed for the distribution of prize money by the act, entitled better government of the navy of the United States," passed the 23d day of April, one An act for the thousand eight hundred. No. VI. THE PROCLAMATIONS. A PROCLAMATION, BY THE PRESIDENT OF THE UNITED STATES. WHEREAS, The laws of the United States have been for some time past and now are opposed, and the execution thereof obstructed, in the states of South Carolina, Georgia, Alabama, Florida, Mississippi, Louisiana, and Texas, by combinations too powerful to be suppressed by the ordinary course of judicial proccedings, or by the powers vested in the marshals by law: Now, therefore, I, ABRAHAM LINCOLN, President of the United States, in virtue of the power in me vested by the constitution and the laws, have thought fit to call forth, and hereby do call forth, the militia of the several states of the Union, to the aggregate number of 75,000, in order to suppress said combinations, and to cause the laws to be duly executed. The details for this object will be immediately communicated to the state authorities through the War Department. I appeal to all loyal citizens to favor, facilitate, and aid this effort to maintain the honor, the integrity, and the existence of our National Union and the perpetuity of popular government, and to redress wrongs already long enough endured. I deem it proper to say that the first service assigned to the force hereby called forth, will probably be to repossess the forts, places and property which have been seized from the Union, and in every event, the utmost care will be observed, consistently with the objects aforesaid, to avoid any devastation, any destruction of, or interference with property, or any disturbance of peaceful citizens in any part of the country; and I hereby command the persons composing the combinations aforesaid, to disperse and retire peaceably to their respective abodes within twenty days from this date. Deeming that the present condition of public affairs presents an extraordinary occasion, I do hereby, in virtue of the power in me vested by the constitution, convene both houses of Congress. The senators and representatives are therefore summoned to assemble at their respective chambers at twelve o'clock, noon, on Thursday, the fourth day of July next, then and there to consider and determine such measures as, in their wisdom, the public safety and interest may seem to demand. In witness whereof, I have hereunto set my hand, and caused the seal of the United States to be affixed. Done at the city of Washington, this fifteenth day of April, in the year of our Lord one thousand eight hundred and sixty-one, and of the independence of the United States the eighty-fifth. ABRAHAM LINCOLN. By the President: WILLIAM H. SEWARD, Secretary of State. PROCLAMATION BY JEFFERSON DAVIS. WHEREAS, Abraham Lincoln, President of the United States, has by proclamation an nounced the intention of invading the confederacy with an armed force for the purpose of capturing its fortresses, and thereby subverting its independence and subjecting the free people thereof to the dominion of a foreign power; and whereas it has thus become the duty of this government to repel the threatened invasion and defend the rights and liberties of the people by all the means which the laws of nations and usages of civilized warfare place at its disposal: Now, therefore, I, JEFFERSON DAVIS, President of the Confederate States of America, do issue this my proclamation, inviting all those who may desire by service in private armed vessels on the high seas to aid this government in resisting so wanton and wicked an ag gression, to make application for commissions or letters of marque and reprisal, to be issued under the seal of these Confederate States; and I do further notify all persons applying for letters of marque, to make a statement in writing, giving the name and suitable descripus of the character, tonnage, and force of the vessel, name of the place of residence of each. owner concerned therein, and the intended number of crew, and to sign such statement, and deliver the same to the secretary of state or collector of the port of entry of these Confede rate States, to be by him transmitted to the secretary of state; and I do further notify all applicants aforesaid, before any commission or letter of marque is issued to any vessel of the owner or the owners thereof and the commander for the time being, they will be required to give bond to the Confederate States, with at least two responsible sureties not interested in such vessel, in the penal sum of five thousand dollars, or if such vessel be provided with more than one hundred and fifty men, then in the penal sum of ten thousand dollars, with the condition that the owners, officers, and crew who shall be employed on board such commissioned vessel, shall observe the laws of these Confederate States and the instructions given them for the regulation of their conduct, that shall satisfy all damages done contrary to the tenor thereof by such vessel during her commission, and deliver up the same when revoked by the president of the Confederate States; and I do further specially enjoin on al persons holding office, civil and military, under the authority of the Confederate States, that they be vigilant and zealous in the discharge of the duties incident thereto; and I do, moreover, exhort the good people of these Confederate States, as they love their country, as they prize the blessings of free government, as they feel the wrongs of the past and those now threatened in an aggravated form by those whose enmity is more implacable because urprovoked, they exert themselves in preserving order, in promoting concord, in maintaining the authority and efficacy of the laws, and in supporting and invigorating all the measures which may be adopted for a common defence, and by which, under the blessing of Divine Providence, we may hope for a speedy, just, and honorable peace. In witness whereof, I have set my hand and have caused the seal of the Confederate States of America to be attached this seventeenth day of April, in the year of our Lord one thousand eight hundred and sixty-one. ROBERT TOOMBS, Secretary of State. JEFFERSON DAVIS. A PROCLAMATION, BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. WHEREAS, an insurrection against the government of the United States has broken out in the states of South Carolina, Georgia, Alabama, Florida, Mississippi, Louisiana, and Texas. and the laws of the United States for the collection of the revenue cannot be efficiently executed therein conformably to that provision of the constitution which requires duties to be uniform throughout the United States: And whereas, a combination of persons, engaged in such insurrection, have threatened to grant pretended letters of marque to authorize the bearers thereof to commit assaults on the lives, vessels, and property of good citizens of the country lawfully engaged in commerce on the high seas, and in waters of the United States: And whereas, an executive proclamation has been already issued, requiring the persons engaged in these disorderly proceedings to desist therefrom, calling out a militia force for the purpose of repressing the same, and convening Congress in extraordinary session to delibe rate and determine thereon: |