Imágenes de páginas
PDF
EPUB

forces of the United States, shall be deemed captures of war, and shall be forever free of their servitude and not again held as slaves.

"SEC. 10. And be it further enacted, That no slave escaping into any state territory, or the District of Columbia, from any of the states, shall be delivered up, or in any way impeded or hindered of his liberty, except for crime or some offence against the laws, unless the person claiming said fugitive shall first make oath that the person to whom the labor or service of such fugitive is alleged to be due, is his lawful owner, and has not been in arms against the United States in the present rebellion, nor in any way given ail and comfort thereto; and no person engaged in the military or naval service of the United States shall, under any pretence whatever, assume to decide on the validity of the claim of any person to the service or labor of any other person, or surrender up any such person to the claimant, on pain of being dismissed from the service."

And I do hereby enjoin upon and order all persons engaged in the military and naval service of the United States, to observe, obey, and enforce, within their respective spheres of service, the act and sections above recited.

And the Executive will in due time recommend that all citizens of the United States who shall have remained loyal thereto throughout the rebellion, shall (upon the restoration of the constitutional relation between the United States and their respective states and people, if the relation shall have been suspended or disturbed) be compensated for all losses by acts of the United States, including the loss of slaves.

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 twenty-second day of September, in the year of our Lord one thousand eight hundred and sixty-two, and of the Independence of the United States the eighty-seventh.

By the President.

WILLIAM H. SEWARD, Secretary of State.

ABRAHAM LINCOLN.

[blocks in formation]

Hostility of, coextensive with allegiance.

Hostility of, commences with war, and ends only with its termination..

Liabilities of, attached to those who do not owe allegiance to the adverse bel-
ligerent, by reason of hostility of character, impressed upon person or
property...

Allies-Rule of suspension of commerce, applicable alike to, as to actual belligerents.
Appeal-From decrees in prize causes...

Effect of, as to possession of the prize property or its proceeds..

To what courts made, under the judicial system of the United States...

B.

Belligerents, Lawful-Who to be so regarded..

Who to be so regarded in a civil war..

PAGE

108

108

109

109

27

433

433

434

8

8

The question considered with reference to the civil war in the United States..
The Southern insurgents so declared by proclamation of the British Queen.
Legislative and judicial precedents as to

8

9

10

Not binding in the exceptional case of the slaveholders' rebellion

13

Rule of suspension of commerce between..

16

Foundation of the rule of suspension of commerce between..

16

Judicial decisions on the rule of suspension of commerce between.
Contracts suspended between...

17

20

Courts closed against enforcement of contracts between..

20

Rule of suspension of commerce between, relaxed in particular cases...
Rule of suspension of commerce between, rigidly enforced by decision of United
States Courts.....

Necessity of strict adherence to the rule of suspension of commerce between..
Penalty for the violation of the rule of suspension of commerce between.......
Truce or cartel ships, exception to the rule of suspension of commerce between
Contrivances to evade the rule of suspension of commerce between.....
Rule of suspension of commerce between, enforced in law as well as admiralty
courts..

21

23

24

24

25

28

30

Rule of suspension of commerce between, applicable on land as well as water.
Cases illustrating the enforcement of the rule of suspension of commerce be-

30

tween.

31

Mitigation of rule of suspension of commerce between, in cases of great hard-
ship.

34

Cases iliustrating the mitigation of the rule of the suspension of commerce
between.

34

Rights of. to interfere with the commerce and capture the property of those-

not adverse belligerents, whose persons or property are impressed with
hostility of character...

108

Rights of as against each other..

159

Rights of as against each other, leading principles as to.

159

Belligerents-Rights of, as against each other, applied to slave property in the United

States-opinion of Professor Parsons...

Rights of, as to embargo..

Rights of, as to reprisals.

Rights of, as to captures.

Blockade-Definition of...

A belligerent right by the established law of nations..
Requisites to the validity of...

Actual, requisite to validity-and what, in law, is intended by actual blockade
Knowledge of, by neutral-requisite either by formal notification or notoriety
of the fact...

Cases illustrating the question of knowledge of.

PAGE

162

164

171

176

275

275

274

276

278

280

Violation of, requisite to subject neutral property to the penalty of confiscation 282
What constitutes a violation of..

283

What may excuse a violation of..

Excuses for violation of, severely scrutinized.

284

285

Excuses for violation of, regarded less severely in favor of less civilized nations
Penalty for violation of...

Vessel violating-not only in delicto, and subject to capture until the termina-
tion of the voyage, but on the voyage next succeeding that of the offence.
Duration of liability to capture for violation of, considered on principle and
authority.

Doctrine of liability to capture for violation of, extended to next succeeding
voyage, applied in the case of The Mersey..

286

287

288

289

290

Doctrine of liability to capture for violation of, extended to next succeeding
voyage, applied in the case of The Major Barbour...

291

Doctrine of liability to capture for violation of, extended to next succeeding
voyage, applied in the case of The Joseph H. Toone....

291

Doctrine of violation of, by approach to the mouth of the blockaded port for
inquiry, considered in the recent case of The Cheshire...

292

Doctrine of violation of, by approach to the mouth of the blockaded port for
inquiry, considered in the recent case of The Delta...

292

Doctrine of violation of, by approach to the mouth of the blockaded port for
inquiry, considered in the recent case of The Empress.

293

Doctrine of violation of, by approach to the mouth of the blockaded port for
inquiry, considered in the recent case of The Admiral.

295

The doctrine considered, of violation of, by taking in cargo in a blockaded port
-and recent cases.

296

The right of, by a nation, of its own ports, considered in connection with the
blockade of the Southern ports, ordered by the government of the United
States.

299

Judicial construction of Executive proclamation of.

309

Objection that the peculiar phraseology of the proclamation of, modifies its
character, considered....

310

Question of alleged modification of character of, by the terms of the Executive
proclamation, discussed and determined in the case of The Empress..
Question of alleged modification of, &c., discussed and determined in the case
of The Revere...

316

320

Question of alleged modification of, &c., discussed and determined in the case
of The Admiral...

323

Captors-Duty of; on. capture..

C.

Duty of, as to care and safe custody of captured property

Liability of, for neglect of safe custody or misconduct, in relation to captured
property...

393

393

393

PAGE

Captors-Duty of, to send prize into convenient port.

Duty of, to put prize master and crew on board of prize vessel...
Prohibited from converting cargo, or breaking bulk. Exceptions to rule as to.
Duty of, to send master, principal officers, and some of the crew of the cap-

393

394

395

tured vessel into the port of adjudication as witnesses.
And great importance of strict observance of this duty.
Duty of, on arrival with prize at port of adjudication

395

395

396

Duty of, further considered, under orders and adjudications growing out of the
war in the United States...

436

Duty of, as to sending in captured property. Exceptions in case of physical
impossibility or moral restraint-Case of The British Empire...
The necessities of, either as personal supplies, or for use in the prosecution of
the war-excuse for not sending in captured property..
Duty of, to have property appraised which is not sent in, but appropriated to
government use..

436

437

438

Duty of, as to persons captured on board vessels..

Consequence of neglect of duty by, in not sending in captured master, officers,

439

and crew, as witnesses-considered in the case of The Julia..
Duty of, to treat captured persons as detained witnesses, not prisoners of war.
Duty of, not to separate captured persons from the prize, except in cases of ne-
cessity.

439

441

441

Duty of, as to vessel's papers.

Duty of, as to treatment of captured persons, considered in the case of The
Louisa Agnes...

442

442

By privateers...

Duty of, as to other papers found on board the prize.

Duty of, as declared in circular of the Navy Department of the United States.

Capture-Definition of.

By public and private armed vessels..

Authority and power of.

To be lawful, must be commissioned.
How regarded by the United States..

Considered in conflict with the spirit of the age..
Efforts made in the United States to abolish...
Revocation of commission for..

449

450

175

176

176

176

177

178

178

179

185

[blocks in formation]

Invalid as to neutral power, if made in neutral waters-may be valid as be-

[blocks in formation]

To be lawful, must be made by public or private armed ships, commissioned...
By boats from man-of-war..

[blocks in formation]

Vindictive damages for injury resulting from, only given in extreme cases..
Property subject of, liable only to visible liens or encumbrances

200

201

Property subject of, must be sent in to convenient port of captor's country for
adjudication...

201

Duty of captors, on making.

202

Duty of prize master and crew, on taking in property, the subject of .

[blocks in formation]

PAGE

Capture, Joint-Rule and reasons of, in relation to vessels in sight, to constitute....
Rule of joint enterprise to constitute..

211

213

Rule in, as to revenue cutter....

213

Cases illustrating the doctrine of constructive assistance, to constitute.

214

Not as between vessels in sight only from mast-head.

219

Proof of vessel in sight requisite to constitute.

220

Mere intimidation without co-operation insufficient to constitute.

221

Mere association insufficient to constitute.

221

Whether it can be made by co-operation of army with naval forces.

225

Rights of joint-captors in, not affected by the frand of the actual captor..

Previous concert, sufficient basis for, if not abandoned at the time of capture..
Claim-to prize property-its proper form, what it should, and what it may not contain

By whom it may be made..

When it must be made..

Who are not allowed to make.
Affidavit in support of...

Until filed, testimony and papers in prize cause, not examinable by claimant..
For delivery of captured property to claimants, on bail, before a hearing, or af-
ter condemnation and appeal, never allowed..

.406, 431

Delivery of captured property to, on bail, the doctrine in relation to, further con-
sidered, in connection with the decision in the recent case of The Amy
Warwick, &c...

457

228

231

403

403

403

404

404

405

Requisites of, considered with the recent decisions in the cases of The Empress
and The Amy Warwick..

[blocks in formation]

Rule of right of pre-emption of, instead of confiscation, when and how applied 330
Innocent goods mixed with, are alike confiscated..

332

Hostile dispatches considered..

332

Carried in neutral vessel, by the old rule, subjected vessel, as well as cargo, to
confiscation, relaxed in modern times.

333

Treaty provisions as to....

334

464

465

Costs and Disbursements-Nature of in prize proceedings, and how liquidated..
Embarrassments in relation to, for want of requisite legislation..
Attempted remedy of embarrassments in relation to, by statute of United States 465
Construction of statute in relation to, by the Circuit Court of the United States
in the Second Circuit, in the cases of The Sarah Starr and The Aigburth.
Contradictory legislation in relation to, at the last session of the Congress
of the United States-necessity of immediate and careful revision of the
law...

467

469

D.

Distribution-Decree of, to follow condemnation and sale of captured property..
Who are entitled as distributees in decree of..

[merged small][merged small][ocr errors][merged small][merged small][merged small][merged small]

Decree of, and proportionate interests, as provided by recent acts of Congress
(vide Appendix). .

Decree of, settling proportionate interests where capture is made by private
armed vessels..

415

Decree of, upon what evidence based, and how taken.
Decree of necessary before distribution can be made.

415

416

Decree of how executed under recent act of the Congress of the United States.

46)

« AnteriorContinuar »