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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 the persons or property of the citizens of the United States, and to make prizes thereof. 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 knowledge. 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 he- capture.
43. Whether or no tllb 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 belief therein.
PROVISIONS OF THE ACT OF CONGRESS OF 1800, Chap. 33, §§ 5 A>t> 6,
PROVIDIXO FOR THE IUSTRinrrTION OF PROCEEDS OF PRIZES MADE BY PU1JLIC 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 superior 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 !'•<> officers and men making the capture.
Sec. 6. And be it further enacted, That the prize money, belonging to the officers . • n, shall be distributed in the following manner:
1. To the commanding officers of fleets, squadrons, or single ships, three-twentieth.;, of which the commanding officer of the fleet or squadron shall have one-twentieth, if the prize bo 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 superior 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, mastors-at-arms, armorers, cockswains, and coopers, three-twentieths and a half.
5. To gunner's yeomen, boatswain's yeomen, quartermasters, quarter gunners, sailmaker'a mates, sergeants and corporals of marines, drummers, lifers, and extra petty officers, twotwentieths and a half.
G. 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 bo 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 sta- * tion, after he has gone out of the limits of his said command.
ACT OF CONGRESS OF JUNE 26th, 1812, Chap. 107, § 4.
PROVIDING FOB THE DISTRIBUTION OF PltOCEEDS OF PHIZES TAKEN' BY PRIVATEERS.
And be it Jurtlter enactvl, Tliat 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, slrall be distributed according to any written agreement which shall be made between them—and if there bo 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 "An act for the better government of the navy of the United States," passed the 23d day of April, one thousand eight hundred. •
A PROCLAMATION, BT 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 proceedings, 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 tit 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 wili 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.
1 deem it proper to say that the tirst service assigned to the forco 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.
By the President: ABRAHAM LINCOLN.
William H. Skwahd, Secretary of State.
PROCLAMATION BY JEFFERSON DAVIS.
Whereas, Abraham Lincoln, President of the United States, has by proclamation announced 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 servico in private armed vessels on the high seas to aid this government in resisting so wanton and wicked an aggression, 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 description 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 Confederate 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 or 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 moro 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 Slates 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 all 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 unprovoked, 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 bo adopted for a common defence, and by which, under the blessing of Divino Providence, we may hope for a speedy, just, and honorable peace.
In witness whereof, 1 havo 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.
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 Texa9, 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 deliberate and determine thereon:
Now, therefore, I, Abraham Lincoln, President of the United States, with a view to the same purposes before mentioned, and to the protection of the public peace, and the lives and property of quiet and orderly citizens pursuing their lawful occupations, until Congress shall have assembled and deliberated on the said unlawful proceedings, or until the same shall have ceased, have further deemed it advisable to sot on foot a blockade of the ports within the states aforesaid, in pursuance of the laws of the United States and of the laws of nations in such cases provided. For this purpose a competent force will bo 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 shall approach, or shall attempt to leavo any of the said ports, she will bo duly warned by the commander of one of the 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.
And I hereby proclaim and declare that if any person, under the pretended authority of said states, or under any other pretence, shall molest a vessel of the United States, or the persons or cargo on board of her, such person will be held amenable to the laws of the United States for the prevention and punishment of piracy.
By the President:' ABRAHAM LINCOLN.
"william H. Seward, Secretary of State.
Washington, April 19,1601.
A PROCLAMATION, BY THE PRESIDENT OP THE UNITED STATES OF AMERICA.
Whereas, for the reasons assigned in my proclamation of the 19th instant, a blockade of the ports of the states of South Carolina, Georgia, Florida, Alabama, Louisiana, Mississippi and Texas was ordered to be established:
And whereas, since that date, public property of the United States has been seized, tho collection of tho revenue obstructed, and duly commissioned officers of the United States, while engaged in executing tho orders of their superiors, have been arrested and held in custody as prisoners, or have been impeded in the discharge of their official duties without due legal process, by persons claiming to act under authorities of the states of Virginia and North Carolina, an efficient blockade of tho ports of those states will also be established.
By tho President: ABRAHAM LINCOLN.
William II. Seward, Secretary of State.
Washington, April 21) 1S61.
THE BLOCKADE.—TO ALL WHOM IT MAY CONCERN.
United States Flag-ship Cumberland,
I hereby call attention to tho proclamation of his Excellency, Abraham Lincoln, President of the United States, under dato of April 27, 1861, for an efficient blockade of the ports of Virginia and North Carolina, and warn all persons interested that I have a sufficient naval force here for the purpose of carrying out that proclamation.
All vessels passing the capes of Virginia coming from a distance and ignorant of the proclamation, will be warned off, and those passing Fortress Monroe will be required to anchor under the guns of that fort and subject themselves to an examination. .
Gr. J. Pendergrast, Flag Officer, commanding Home Squadron.
A PROCLAMATION, BY THE PRESIDENT OP THE UNITED STATES.
Washington, Friday, May 3, 1961. Whereas, existing exigencies demand immediate and adequate measures for the protection of the National Constitution and the preservation of the National I Inion, by the suppression of the insurrectionary combinations now existing in several states for opposing the laws of tho Union and obstructing the execution thereof, to which end a military force in addition to that called fortli by my proclamation of tho fifteenth day of April, in the present year, appears to bo indispensably necossary, now, therefore, I, ABRAHAM Lixi Oln, President of the United States, and commander-in-chief of tlie army and navy thereof, and of tho militil of the several states, when called into actual service, do hereby call into the service of the United States forty-two thousand and thirty-four volunteers, to serve for a period of three years, unless sooner discharged, and to be mustered into service as infantry and cavalry. The proportions of each arm and the details of enrolment and organization will be made known through the Department of War; and I also direct that the regular army of the United States bo increased by the addition of eight regiments of infantry, one regiment of cavalry, and one regiment of artillery, making altogether a maximum aggregate increase of 22,711 officers and enlisted men, the details of which increase will also be made known through the Department of War: and I further direct the enlistment, for not less than one nor more than three years, of 18,000 seamen, in addition to the present force, lor the naval service of the United States. The details of the enlistment and organization will be made known through the Department of the Navy. The call for volunteers hereby made, an«J the direction for the increase of the regular army, and for the enlistment of seamen hereby given, together with the plan of organization adopted for the volunteers and for the regular forces hereby authorized, will be submitted to Congress as soon as assembled.
In the mean timo I earnestly invoke the co-operation of all good citizens in the measures hereby adopted for the effectual suppression of unlawful violence, for the impartial enforcement of constitutional laws, and for the speediest possible restoration of peace aud order, and with those of happiness and prosperity throughout our country.
By the President: ABflAHAM LINCOLN.
William H. Seward, Secretary of State. .
PROCLAMATION BY QUEEN VICTORIA.
Victoria R.—Whereas wo are happily at peaco with all sovereigns, powers and states, and whereas hostilities have unhappily commenced between the government of the United Suites of America and certain states styling themselves the Confederate States of America, and whereas, we being at peace'with the government of tlie United States, have declared our royal determination to maintain a strict and imjiurtial neutrality in the conUst between the said contending parties: .We, therefore, have thought lit, by and with the advice of our privy council, to issue this our royal proclamation. [The provisions of the Foreign Enlistment Act are here cited.] And we do hereby warn all our loving subjects, and all persons whatsoever entitled to our protection, that if any of them shall presume, in contempt of this our royal proclamation and of our high displeasure, to do any acts in derogation of their duty as subjects of a neutral sovereign in the said contest, or in violation or in contravention of the law of nations: as, for example, more especially, by entering into the military service of either of the said contending parties as commissioned or non-commissioned officers or soldiers; or by serving as officers, sailors or marines on board any ship, or vessel of war, or transport of or in the service of either of the said contending parties; or by serving as officers, sailors, or marines on board any privateer bearing letters of marque of or from either of the said contending parlies; or by engaging to go, or going to any place beyond the seas with an intent to enlist or engage in any such service; or by procuring or attempting to procure within her majesty's dominions at home or abroad others to do so; or by fitting out, arming, or equipping any ship or vessel to be employed as a ship of war, or privateer, or transport by either of the said contending parties; or by breaking or'endeavoring to break any blockade lawfully and wtually established by or on behalf of either of the said contending parties; or by carrying officers, soldiers, dispatches, arms, military stores or materials, or any article or articles considered and deemed to be contraband of war, according to the law or modern usage of nations, for the use or service of either of the said contending parties. All persons so offending will incur and be liable to tlte several penalties and penal consequences by the said statute, or by the law of nations in that behalf imposed and decreed.
And we do hereby declare that all our subjects and persons entitled to our protection, who may misconduct, themselves in the premises, will do so at their peril and of their own wrong, and that they will in nowise obtain any protection from us against any liabilities or penal consequeue.es, but will, on the contrary, incur our high displeasure by such misconduct.