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forces of the United States, shall bo deemed capture!? of war, and shall be forever freo 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 lirst 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 ot 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 bo affixed.

Done at tlio 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. Sewabd, Secretary of State.




Alien Enemy—Defined 108

Hostility of, coextensive with allegiance ]08

Hostility of, commences with war, and ends only with its termination 109

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 109

AUies—Rule of suspension of commerce, applicable alike to, as to actual belligerents . 27

Appeal—From decrees in prize causes 433

Effect of, as to possession of the prize property or its proceeds 433

To what courts made, under the judicial system of the United States 434


Belligerents, Lawful—Who to be so regarded 8

Who to he so regarded in a civil war 8

The question considered with reference to the civil war in the United States.. 8

T'.ie Southern insurgents so declared by proclamation of the British Queen.... 9

Legislative and judicial precedents as to 10

Isot binding in tho exceptional case of the slaveholders' rebellion :13

Ride of suspension of commerce between 16

Foundation of the rule of suspension of commerce between 10

Judicial decisions on the rule of suspension of commerce between 17

Contracts suspcuded between 20

Courts closed against enforcement of contracts between 20

Rule' of suspension of commerce between, relaxed in particular eases 21

Rule of suspension of commerce between, rigidly enforced by decision of United

States Courts 23

Necessity of strict adherence to the rule of suspension of commerce between.. 24

Penalty for the violation of the rule of suspension of commerce between 24

Truce or cartel ships, exception to the rule of suspension of commerce between 25

Contrivances to evade the rulo of suspension of commerce between... 28

Rule of suspension of commerce between, enforced in law as well as admiralty

courts 30

Rule of suspension of commerce between, applicable on land as well as water . 30
Cases illustrating the enforcement of the rule of suspension of commerce be-
tween 31

Mitigation of rule of suspension of commerce between, in cases of great hard-
ship 34

Cases illustrating the mitigation of tho 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

Riglifs of. as against each other 159

Rig..ts of. as against oach other, leading principles as to j 159


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

Stabs—cpinion of Professor Parsons 1C2

Rights of, as to embargo 164

Rights of, as to reprisals 171

Rights of, as to captures 176

Blockade—Definition of. 275

A belligerent right by the established law of nations... .'. 275

Requisites to the validity of 274

Actual, requisite to validity—and what, in law, is intended by actual blockade 276
Knowledge of, by neutral—requisite either by formal notification or notoriety

of the fact..' '. 27S

Cases illustrating the question of knowledge of 280

Violation of, requisite to subject neutral property to the penalty of confiscation 2S2

"What constitutes a violation of 283

What may excuse a violation of 284

Excuses for violation of, severely scrutinized 235

Excuses for violation of, regarded less severely in favor of less civilized nations 286

Penalty for violation of 2S7

Vessel viola'ing—not only in d-Vch, and subject to capture until the termina-
tion of the voyage, but on the voyage next succeeding that of the offence. 288
Duration of liability to capture for violation of, considered on principle and

authority 289

Doctrine of liability to capture for violation of, extended to next succeeding

voyage. applied in the case of The Mt-rwy 290

Doctrine of liability to capture for violation of, extended to next succeeding

voya»e, applied in the ease of The ilojnr Barbour 291

Doctrine of liability to capture for violation of, extended to next succeeding

voyage, applied in the case of The Joseph H. Tooiie 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 wolation of. by approach to the mouth of the blockaded port for

inquiry, considered in the recent ease of The Admiral 295

The doctrine considered, of violation of, by taking in cargo in a blockade'd port

—and recent eases 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 allege d modification of character of. by the terms of the Executive

proclamation, discussed and determined in the case of The Empress 31G

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

of The lie, ere 320

Question of alleged modification of, &c, discussed and determined in the case
of The Admiral A 323


Captors—Duty of,-on. capture 893

Duty of, as to care and safe custody of captured property 393

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

property 393

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Captors—Duty of, to send prize into convenient port 393

Duty of, to put prize master and crow on board of prize vessel 394

Prohibited from converting cargo, or breaking bulk. Exceptions to rule as to. 395
Duty of, to send master, principal officers, and some of the crew of the cap-
tured vessel into the port of adjudication as witnesses 395

And great importance of strict observance of this duty 395

Duty of, on arrival with prize at port of adjudication 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. 436

The necessities of, either as personal supplies, or for use in the prosecution of

the war—excuse for not sending in captured property 437

Duty of, to have property appraised which is not sent in, but appropriated to

government use 438

Duty of, as to persons captured on board vessels.' 439

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

#and crew, as witnesses—considered in the case of The Julia 439

Duty of, to treat captured persons as detained witnesses, not prisoners of war. 441
Duty of, not to separato captured persons from the prize, except in cases of ne-
cessity 441

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

Louisa Agnes 442

Duty of as to vessel's papers 442

Duty of, as to other papers found on board the prize 449

Duty of, as declared in circular of the Navy Department of the United States. 450

Capture—Definition of 175

By public and private armed vessels 116

By privateers IM

Authority and power of 116

To be lawful, must be commissioned 171

How regarded by the United States 118

Considered in conflict with the spirit of the age 118

Efforts made in the United States to abolish 119

Revocation of commission for 185

• And letters of marque—distinction between 186

Not invalid, though the master is an alien enemy 186

Legality of, may depend on government order 189

Intention to seize, requisite to the validity of 189

Invalid as to neutral power, if made in neutral waters—may be valid as be-
tween the belligerents 190

Question as to time of. ■ ... 190

Whether actual possession requisite to its validity !190

To be lawful, must be made by public or private armed ships, commissioned... 194

By boats from man-of-war 195

Restitution, no bar to second .• 196

May be made by convoying ship 191

Liability of wrong-doer for injury resulting from 198

Vindictive damages for injury resulting from, only given in extreme eases.... 200

Property subject of, liable only to visible liens or encumbrafr-pa 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 20:i

(?V i re, Joint—Definition of. 203

Doctrine of constructive assistance in 204

As to vessels in sight, to constitute 205

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Capture, Joint—Rulo and reasons of, in relation to vessols in sight, to constitute 211

Rule of joint enterprise to constitute 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 228

Previous concert, sufficient basis for, if not abandoned at the time of capture.. 231

Claim—to prize property—its proper form, what it should, and what it may not contain 403

By whom it may be made 403

When it must be made 403

Who are not allowed to mako '404

Affidavit in support of 404

Until tiled, testimony and papers in prize cause, not examinable by claimant.. 405
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 Tlie Amy

Warwick, kc ■ 457

Requisites of, considered with the recent decisions in the cases of The Empress

and The Ami/ Warwick 456

Contraband of War—Definition of. 327

Commerce in. prohibited to neutrals 327

What is considered 328

Whether and under what circumstances provisions are 328

Penalty for violation of rule prohibiting commerce iu 328

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

Costs and Disbursements—Nature of in prize proceedings, and how liquidated 464

Embarrassments in relation to, for want of requisite legislation... L.... 465

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. 467
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 469


Distribution—Decree of, to follow condemnation and sale of captured property 413

Who are entitled as distributees in decree of 413, 462

When claim for must be made > 462

Proportionate interests of distributees in decree of. 414

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 415

Decree of. necessary before distribution can be made 416

Decree of how executed under recent act of the Congress of the United States. 46 I

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