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to raise an army of 100,000 men, and appropriated sums of money amount ing to $2,029,485 (equal to more than 10,000,000 francs) toward the creation of a navy:

This series of events commenced in November, 1860, and was completed before the end of March, 1861, at which time the confederate legislature had been for more than a month in session. In April, 1861, hostilities commenced between the Government of the Union and the Confederate States of the South; and shortly afterward four other States-Virginia, North Carolina, Tennessee, and Arkansas

- likewise separated themselves from the Union and joined the confed. eracy, which thus embraced a vast and compact territory, extending from the river Potomac to the confines of the republic of Mexico.

The war began with the attack and bombardment by the confederates of Fort Sumter, a fort situate at the mouth of Charleston Harbor, and held by a small garrison of United States troops. On the reduction of this place, which was speedily effected, followed within a few days the seizure, by Virginian militia, of Harper's Ferry, an important military arsenal at the confluence of the rivers Shenandoah and Potomac, and of the great naval arsenal and ship-building yards of Norfolk, where the

James River discharges itself into Chesapeake Bay. Fort Sumter [5] surrendered on the 13th April. On the 15th the * President of the

United States issued a proclamation calling out militia to the number of 75,000 men. On the 17th Mr.Jefferson Davis (who had been elected in February to the office of President of the Confederate States) published a counter-proclamation, inviting applications for letters of marque and reprisal to be granted under the seal of the Confederate States against ships aud property of the United States and their citizens.” By a further proclamation, dated the 19th April, President Lincoln, after referring to the proposed issue of letters of marque, declared that he had deemed it advisable to set on foot a blockade of the ports within the seven States then in revolt, “ in pursuance of the laws of the United States and of the law of nations in such case provided.93

For this purpose a competent force will be posted so as to prevent entrance and exit of vessels from the ports aforesaid. If, therefore, with a view to violate such blockade, a vessel sball approach, or shall attempt to leave any of the said ports, she will be duly warned by the commander of one of the said blockading vessels, who will indorse on her register the fact and date of such warning; and if the same vessel shall again attempt to enter or leave the blockaded port, she will be captured and sent to the nearest convenient port for such proceedings against her and her cargo as prize as may be deemed advisable.

By another proclamation, dated the 27th April, the blockade was declared to be extended to the ports of Northern Virginia.

On the publication of these proclamations, Lord Lyons, then Her Britannic Majesty's envoy at Washington, requested of the Government of the United States that he might be furnished, for the guidance of British merchants, with definite information as to the manner in which the blockade was to be enforced. He was assured, in reply, by Mr. Seward, then United States Secretary of State, that it would be condueted as strictly according to the recognized rules of public law, and with as much liberality toward neutrals, as any blockade ever was by a belligerent. 5

To the minister of the Queen of Spain, Mr. Seward wrote as follows:5 Sir: In acknowledging the receipt of your pote of the 30th ultimo, on the subject of the blockade of the ports in several of the States, I deen it proper to state for your further information : * Appendix, vol. iil, p. 2.

2 Ibid., p. 4. 3 Ibid., p. 6.

+ Ibid., p. !. 5 Ibid., pp. 10, 11.

4

5

said:

1. That the blockade will be strictly enforced upon the principles recognized by the law of nations. 2. That armed vessels of neutral states will bave the right to enter and depart from the interdicted ports.

3. That merchant-vessels in port at the time the blockade took effect will be allowed a reasonable time for departure.

I avail, &c.,
(Signed)

W. H. SEWARD. The blockade declared by the foregoing proclamations was actually instituted, as to the ports within the State of Virginia, on the 30th April;' and was extended to the principal ports on the seaboard of the other Confederate States before the end of May. A considerable number of neutral ships and cargoes were captured for breaches or alleged breaches of blockade, some at or near the mouths of blockaded ports, others on the high seas. Vessels or cargoes so captured were carried before, and condemned by, courts of the United States exercising jurisdiction in matters of prize; and the validity of the sentences thus pronounced was upheld by the Supreme Court of the United States, which is the highest court of appeal in such matters. Mr. Justice Grier, in delivering the judgment of the court on this question, To legitimate the capture of a neutral vessel or property on the high seas, a war must exist de facto, and

the neutral must have a knowledge or notice of the intention of one of the parties belligereut to use this inode of coercion against a port, city, or territory in possession of the other.

In a subsequent part of the same judgment he added : Whether the President, in fulfilling his dnties as commander-in-chief ip suppressing an insurrection, has met with such armed hostile resistance, and a civil war of such alarining proportions as will compel him to accord to them the character of belligerents

, is a question to be decided by him; and this court must be governed by the decisions and acts of the political department of the Government to which this power was intrusted. He must determine what degree of force the crisis demands. The proclamation of the blockade is itself official and conclusive evidence to the court that a state of war existed which demanded and authorized a recourse to such a measure under the circumstances peculiar to the case. The correspondence of Lord Lyons with the Secretary of State admits the fact, and concludes the question. (6 *On the 3d May, 1861, President Lincoln directed that the

naral force of the United States should be increased by the enlistment of 18,000 additional seamen, and their land forces by fifty additional regiments, partly of regular troops and partly of volunteers, with an aggregate maximum of 64,748 men.

It is needless to refer particularly to the subsequent history of the war waged on the American continent. It is well known that the forces of the United States, attempting to penetrate into Virginia, encountered a serere defeat; that great armies were raised on both sides; that hostilities were carried on over an immense area, with varying fortune, for nearly four years; and that the contest terminated, in 1865, in the complete reconquest of the eleven Confederated States, which, after being held for a considerable time under military coutrol, were finally re-admitted to their original position in the Union.

The events stated above are matters of general notoriety, recorded in the history of the period.

On the 30th April, 1861, Mr. Jefferson Davis, as President of the Confederated States, addressed to the congress of those States a message, which contained the following passage: The operations of the pavy department have been necessarily restricted by the fact that sntficient time bas not yet elapsed for the purchase or construction of more than

Appendix, vol. iii, p. 10.

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a limited number of vessels adapted for the public service. Two vessels have been prepared and manned, the Sumter and McRae, and are now being prepared for sea at New Orleans with all possible dispatch.

On the 1st May, 1861, Mr. Seward, Secretary of State of the United States, addressed to the British Minister at Washington a dispatch of that date, which contained the following passage:

The so-called Confederate States have waged an insurrectionary war against this Government. They are buying, and even seizing, vessels in several places for the purpose of furnishing themselves with a naval force, and they are issuing letters of marque to privateers to be employed in preying on the commerce of this country. You are aware that the President has proclaimed a blockade of the ports included within the insurgent States. All these circumstances are known to the world.

On the 6th May, 1861, the congress of the Confederate States passed an act entitled “An act recognizing the existence of war between the United States and the Confederate States, and concerning letters of marque, prizes, and prize-goods." The first section of this act was as follows:

The congress of the Confederate States of America do enact that the president of the Confederate States is hereby authorized to use the whole land and naval force of the Confenerate States to meet the war thus commenced, and to issue to private vessels commissions or letters of marque and general reprisal, in such form as he shall think proper, under the seal of the Confederate States, against the vessels, goods, and effects of the United States, and of the citizens or inhabitants of the States and territories thereof; provided, however, that property of the enemy (unless it be contraband of war) laden on board a neutral vessel, shall not be subject to seizure under this act; and provided further, that vessels of the citizens or inhabitants of the United States now in the ports of the Confederate States, except such as have been since the 5th April last, or may hereafter be in the service of the Government of the United States, shall be allowed thirty days after the publication of this act to leave said ports and reach their destination; and such vessels and their cargoes, excepting articles contraband of war, shall not be subject to capture under this act during said period, unless they shall have previously reached the destination for which they were bound on leaving said ports.

The act then proceeded to lay down in detail regulations as to the conditions on which letters of marque should be granted to private vessels, and the conduct and behavior of the officers and crews of such vessels, and the disposal of prizes made by them, similar to the regulations which have been ordinarily prescribed and' enforced with respect to privateers in the United States and by the maritime powers of Europe.

The fourth and seventh sections were as follows:

4. That, before any commission or letters of marque and reprisal shall be issued as aforesaid, the owner or owners of the ship or vessel for which the same shall be requested, and the commander thereof for the time being, shall give bond to the Confederaté States, with at least two responsible sureties not interested in such vessel, in the penal sum of $5,000, or, if such vessel be provided with more than 150 men, then in the penal sum of $10,000, with condition that the owners, officers, and crew who shall be employed on board such commissioned vessel shall and will observe the laws of the Confederate States, and the instructions which shall be given them according to law for the regulation of their conduct, and will satisfy all damages and injuries which shall be done or committed contrary to the tenor thereof by such vessel during her commission, and to deliver up the same when revoked by the president of the Confederate States.

7. That before breaking bulk of any vessel which shall be captured as aforesaid, or disposal or conversion thereof, or of any articles which shall be found on board the

same, such captured vessel,* goods, or effects, shall be brought into some port of the [7] Confederate States, or of a nation or State in amity with the Confederate States, and

shall be proceeded against before a competent tribunal; and after condemnation and forfeiture thereof shall belong to the owners, officers, and crew of the vessel capturing the same, and be distributed as before provided; and in the case of all captured vessels, goods, and effects which shall be brought within the jurisdiction of the Confedi Appendix, vol. iii, p. 12.

* Ibid., p. 13.

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erate States, the district courts of the Confederate States shall have exclusive original cognizance thereof, as the civil causes of admiralty and maritime jurisdiction; and the said courts, or the courts being courts of the Confederate States into which such cases shall be removed, in which they shall be finally decided, shall and may decree restitution in whole or in part, when the capture shall have been made without just cause. And, if made without probable cause, may order and decree damages and costs to the party injured, for which the owners and commanders of the vessels making such captures, and also the vessels, shall be liable.

A further act, entitled “An act regulating the sale of prizes and the distribution thereof," was likewise passed by the congress of the Confederate States on the 14th of May, 1861.

Many persons who had served as officers in the Navy of the United States offered themselves for employment in the naval service of the Confederate States, and those for whom employment could be found were received and employed in such service.

In and soon after the month of May, 1861, a number of armed ships, mostly of small tonnage, were fitted out in and sent to sea from ports in the Confederate States, and a considerable number of captures were made by them. Some of these were commissioned as public ships of War of the Confederates States, and commanded by officers in the naval service of the confederacy; others as private ships of war or privateers. Among the armed vessels which were so fitted out and made prizes were the Calhoun, a steamer of upwards of 1,000 tons, sent to sea in May, 1861; the Jeff Davis, Savannah, St. Nicholas, 'Winslow, and York. More than twenty prizes were made by these vessels. The Sumter (to which reference will be made hereafter) went to sea in June, 1861; the Sallie and Nashville in October, 1861; the Echo in 1862; the Retribution and Boston, 1863; the Chickamauga, Olustee, and Tallahassee, in 1864. These ressels are said to have taken from sixty to seventy prizes.

It appears from an official report of the Secretary of the Navy of the United States that the number of vessels captured and destroyed by Fessels of the United States during the war, for breach of blockade or in battle, exceeded 1,200.

NEUTRALITY OF THE MARITIME POWERS. The maritime powers, on receiving information of the outbreak of the War, resolved to maintain a strict and impartial neutrality in their relations with the belligerents, holding that it did not belong to them, as Governments, to decide on the questions which had unhappily divided the American people, nor to take any part in the contest on which the future of the American Commonwealth appeared to depend.

Of all the nations of the world, Great Britain, by reason of her geographical position, the activity of her manufacturing and trading industries, her vast commerce with America, the extent and number of her transatlantic possessions, the magnitude of her military and commercial marine, and its dispersion, not only over the seas bordering on the American coast but over every part of the world, was the power most immediately and profoundly affected by a civil war in the United States

. The European power which, after Great Britain, possessed the largest marine was France.

On the 14th of May, 1861, Her Britannic Majesty's government issued the following proclamation, intended for the information of the officers of the government and of British subjects in general: 2

VICTORIA R.

Whereas we are bappily at peace with all sovereigns, powers, and states;
And whereas hostilities have unhappily commenced between the Government of the
Appendix, vol. iii, p. 15.

9 Ibid., p. 17.

United States of America and certain States styling themselves the Confederate States of America;

And whereas we, being at peace with the Government of the United States, have declared our royal determination to maintain a strict and impartial neutrality in the contest between the said contending parties;

We therefore have thought fit, by and with the advice of our privy council, to issue this our royal proclamation.

And we do hereby strictly charge and command all our loving subjects to observe a strict neutrality in and during the aforesaid hostilities, and to abstain from violating or contravening either the laws and statutes of the realm in this behalf, or the law of nations in relation thereto, as they will answer to the contrary at their peril. And whereas in and by a certain statute made and passed in the fifty-ninth year of

His Majesty King George III, entitled "An act to prevent enlisting or engage(8) ment of His Majesty's subjects *to serve in a foreign service, and the fitting out

or equipping, in His Majesty's dominions, vessels for warliké purposes, without His Majesty's license, it is among other things declared and enacted as follows:

" That if any natural-born subject of His Majesty, his heirs, and successors, without the leave or license of His Majesty, his heirs, or successors, for that purpose first had and obtained, under the sigp manual of His Majesty, his heirs, or successors, or signified by order in council, or by proclamation of His Majesty, his heirs, or successors, shall take or accept, or shall agree to take or accept, any military commission, or shall otherwise enter into the military service as a commissioned or non-commissioned officer, or shall enlist or enter himself to enlist, or shall agree to enlist or to enter himself to serve as a soldier, or to be employed or shall serve in any warlike or military operation in the service of, or for, or under, or in aid of any foreign prince, state, potentate, colony, province, or part of any province or people, or of any person or persons exercising or assuming to exercise the powers of government in or over any foreign country, colony, province, or part of any province or people, either as an officer or soldier, or in any other military capacity; or if any natural-born subject of His Majesty shall, without such leave or license as aforesaid, accept, or agree to take or accept, any commission, warrant, or appointment as an officer, or sball enlist or enter himself, or shall agree to enlist or enter himself, to serve as a sailor or marine, or to be employed, or engaged, or shall serve in and on board any ship or vessel of war, or in and on board any ship or vessel used or fitted out, or equipped or intended to be used, for any warlike purpose, in the service of, or for, or under, or in aid of apy foreign power, prince, state, potentate, colony, province, or part of any province or people, or of any person or persons exercising or assuming to exercise the powers of government in or over any foreign country, colony, province, or part of any province or people; or if any naturalborn subject of His Majesty shall, without such leave and license as aforesaid, engage, contract, or agree to go, or shall go, to any foreign state, country, colony, province, or part of any province, or to any place beyond the seas, with an intent or in order to enlist or enter himself to serve, or with intent to serve in any warlike or military operation whatever, whether by land or by sea, in the service of, or for, or under, or in aid of any foreign prince, state, potentate, colony, province, or part of any province or people, or in the service of, or for, or under, orin aid of any person or persons exercising or assuming to exercise the powers of government in or over any foreign country, colony, province, or part of any province or people, either as an officer or a soldier, or in any other military capacity, or as an officer or sailor or marine in any such ship or vessel as aforesaid, although no enlisting money or pay or reward shall have been or shall be in any or either of the cases aforesaid actually paid to or received by him, or by any person to or for his use or benefit; or if any person whatever, within the United Kingdom of Great Britain and Ireland, or in any part of His Majesty's dominions elsewhere, or in any country, colony, settlement, island, or place belonging to or subject to His Majesty, shall hire, retain, engage, or procure, or shall attempt or endeavor to hire, retain, engage, or procure, any person or persons whatever to enlist, or to enter or engage to enlist, or to serve or to be employed in any such service or employments as aforesaid, as an officer, soldier, sailor, or marine, either in land or sea service, for, or under, or in aid of any foreign prince, state, potentate, colony, province, or part of any province or people, or for, or under, or in aid of any person or persons exercising or assuming to exercise any powers of government as aforesaid, or to go, or to agree to go, or embark from any part of His Majesty's dominions, for the purpose or with intent to be so enlisted, entered, engaged, or employed as aforesaid, whether any enlisting money, pay, or reward shall have been or shall be actually given or received, or not; in any or either of such cases, every person so offending shall be deemed guilty of a misdemeanor, aud upon being convicted thereof, upon any information or indictment, shall be punishable by fine and imprisonment, or either of them, at the discretion of the court before which such offender shall be convicted.”

And it is in and by the said act further enacted: ** That if any person within any part of the United Kingdom, or in any part of His Majesty's dominions beyond the seas, sball, without the leave and license of His Majesty

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