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. 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- Allies-Rule of suspension of commerce, applicable alike to, as to actual belligerents. 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.. 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. 17 20 Courts closed against enforcement of contracts between.. 20 Rule of suspension of commerce between, relaxed in particular cases... Necessity of strict adherence to the rule of suspension of commerce between.. 21 23 24 24 25 28 30 Rule of suspension of commerce between, applicable on land as well as water. 30 tween. 31 Mitigation of rule of suspension of commerce between, in cases of great hard- 34 Cases iliustrating the mitigation of the rule of the suspension of commerce 34 Rights of. to interfere with the commerce and capture the property of those- not adverse belligerents, whose persons or property are impressed with 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.. Actual, requisite to validity-and what, in law, is intended by actual blockade 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 282 283 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 Vessel violating-not only in delicto, and subject to capture until the termina- Doctrine of liability to capture for violation of, extended to next succeeding 286 287 288 289 290 Doctrine of liability to capture for violation of, extended to next succeeding 291 Doctrine of liability to capture for violation of, extended to next succeeding 291 Doctrine of violation of, by approach to the mouth of the blockaded port for 292 Doctrine of violation of, by approach to the mouth of the blockaded port for 292 Doctrine of violation of, by approach to the mouth of the blockaded port for 293 Doctrine of violation of, by approach to the mouth of the blockaded port for 295 The doctrine considered, of violation of, by taking in cargo in a blockaded port 296 The right of, by a nation, of its own ports, considered in connection with the 299 Judicial construction of Executive proclamation of. 309 Objection that the peculiar phraseology of the proclamation of, modifies its 310 Question of alleged modification of character of, by the terms of the Executive 316 320 Question of alleged modification of, &c., discussed and determined in the case 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 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... 393 394 395 tured vessel into the port of adjudication as witnesses. 395 395 396 Duty of, further considered, under orders and adjudications growing out of the 436 Duty of, as to sending in captured property. Exceptions in case of physical 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.. 439 441 441 Duty of, as to vessel's papers. Duty of, as to treatment of captured persons, considered in the case of The 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. Considered in conflict with the spirit of the age.. 449 450 175 176 176 176 177 178 178 179 185 Invalid as to neutral power, if made in neutral waters-may be valid as be- To be lawful, must be made by public or private armed ships, commissioned... Vindictive damages for injury resulting from, only given in extreme cases.. 200 201 Property subject of, must be sent in to convenient port of captor's country for 201 Duty of captors, on making. 202 Duty of prize master and crew, on taking in property, the subject of . PAGE Capture, Joint-Rule and reasons of, in relation to vessels in sight, 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.. By whom it may be made.. When it must be made.. Who are not allowed to make. Until filed, testimony and papers in prize cause, not examinable by claimant.. .406, 431 Delivery of captured property to, on bail, the doctrine in relation to, further con- 457 228 231 403 403 403 404 404 405 Requisites of, considered with the recent decisions in the cases of The Empress Rule of right of pre-emption of, instead of confiscation, when and how applied 330 332 Hostile dispatches considered.. 332 Carried in neutral vessel, by the old rule, subjected vessel, as well as cargo, to 333 Treaty provisions as to.... 334 464 465 Costs and Disbursements-Nature of in prize proceedings, and how liquidated.. 467 469 D. Distribution-Decree of, to follow condemnation and sale of captured property.. Decree of, and proportionate interests, as provided by recent acts of Congress Decree of, settling proportionate interests where capture is made by private 415 Decree of, upon what evidence based, and how taken. 415 416 Decree of how executed under recent act of the Congress of the United States. 46) |