must be forwarded to the paymaster of the vessel or station to which the men are sent, together with a descriptive list of the men sent, according to the form here annexed: under your charge to the port of and there deliver her, together with the accompanying papers (which are all that were found on board) and the persons retained as witnesses, to the judge of the U. S. District Court, or to the U. S. prize commissioners at that place, taking his or their receipt for the same. You will not deliver either her, the papers, or the witnesses, to the order of any other person or parties unless directed to act otherwise by the navy department or flag-officer commanding the squadron. The was seized by this vessel, under my command, on the day of 186, off this port, for violating the rules governing the blockade at present instituted by the United States; and of the circumstances attending the case you are sufficiently aware, and will communicate them when required to do so by competent authority. On your arrival at and immediately after you have visited the judge or prize commissioners, you will call upon the U. S. district attorney thereat, show him these instructions, and give him any information concerning the seizure he may solicit. Then you will next report yourself, in person, to the commanding officer of the navy yard thereat, show him also these instructions, and ask his directions, when needed, as to the disposition of yourself and the rest constituting the prize crew. Finally, when duly notified by the judge, prize commissioners, or district attorney, that your services are no longer wanted by the court, you will at once return to your vessel, taking with you the men under your command and the receipt above alluded to, unless otherwise ordered by superior authority. You will receive herewith a communication for the secretary of the navy, giving him a detailed account of the prize. This you will mail immediately on your arrival at Your attention is called to the annexed "Circular," lately issued from the navy depart. ment, to which have been added, since it was issued, the words, in the last paragraph, beginning with "together with a descriptive list," &c.; which you will see is complied with, in every particular, before sailing with your prize. Very respectfully, your obedient servant, Commanding U. S. S. Το No. IX. PROCLAMATION OF EMANCIPATION. BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. I, ABRAHAM LINCOLN, President of the United States of America, and Commander-inChief of the Army and Navy thereof, do hereby proclaim and declare, that hereafter, as heretofore, the war will be prosecuted for the object of practically restoring the constitutional relation between the United States and the people thereof in which states that relation is or may be suspended or disturbed; that it is my purpose, upon the next meeting of Congress, to again recommend the adoption of a practical measure tendering pecuniary aid to the free acceptance or rejection of all the slave states so called, the people whereof may not then be in rebellion against the United States, and which states may then have voluntarily adopted, or thereafter may voluntarily adopt, the immediate or gradual abolishment of slavery within their respective limits; and that the efforts to colonize persons of African descent with their consent, upon this continent or elsewhere, with the previously obtained consent of the governments existing there, will be continued. That on the first day of January, in the year of our Lord one thousand eight hundred and sixty-three, all persons held as slaves within any state or any designated part of a state, the people whereof shall then be in rebellion against the United States, shall be then, thenceforward, and forever, free; and the executive government of the United States, including the military and naval authority thereof, will recognize and maintain the freedom of such persons, and will do no act or acts to repress such persons, or any of them, in any efforts they may make for their actual freedom. That the Executive will, on the first day of January aforesaid, by proclamation, designate the states and parts of states, if any, in which the people thereof, respectively, shall then be in rebellion against the United States; and the fact that any state, or the people thereof, shall on that day be in good faith represented in the Congress of the United States by members chosen thereto at elections, wherein a majority of the qualified voters of such state shall have participated, shall, in the absence of strong countervailing testimony, be deemed conclusive evidence that such state and the people thereof have not been in rebellion against the United States. That attention is hereby called to an act of Congress entitled "An act to make an additional article of war," approved March 13th, 1862, and which act is in the words and figures following: 'Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That hereafter the following shall be promulgated as an additional article of war for the government of the army of the United States, and shall be obeyed and observed as such. "ARTICLE. All officers or persons in the military or naval service of the United States are prohibited from employing any of the forces under their respective commands for the purpose of returning fugitives from service or labor who may have escaped from any person to whom such service or labor is claimed to be due, and any officer who shall be found guilty by a court-martial of violating this article shall be dismissed from the service. "SECTION 2. And be it further enacted, that this act shall take effect from and after its passage." Also to the ninth and tenth sections of an act entitled "An act to suppress insurrection, to punish treason and rebellion, to seize and confiscate property of rebels, and for other purposes," approved July 17th, 1862, and which sections are in the words and figures following: "SEC. 9. And be it further enacted, that all slaves of persons who shall hereafter be engaged in rebellion against the government of the United States, or who shall, in any way, give aid or comfort thereto, escaping from such persons and taking refuge within the lines of the army; and all slaves captured from such persons or deserted by them and coming under the control of the government of the United States, and all slaves of such persons found in (or being within) any place occupied by rebel forces and afterward occupied by the 494 APPENDIX. 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. ligerent, by reason of hostility of character, impressed upon person or 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.. The question considered with reference to the civil war in the United States.. PAGE 108 108 109 109 27 433 433 434 10 Not binding in the exceptional case of the slaveholders' rebellion ... Foundation of the rule of suspension of commerce between.. 13 16 16 Judicial decisions on the rule of suspension of commerce between. Courts closed against enforcement of contracts between.. Rule of suspension of commerce between, relaxed in particular cases.. Necessity of strict adherence to the rule of suspension of commerce between.. 17 20 20 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- 108 Rights of. as against each other.. 159 Rigas of, as against each other, leading principles as to. 159 PAGE Belligerents Rights of, as against each other, applied to slave property in the United 162 Rights of, as to embargo... Rights of, as to reprisals. 164 171 Rights of, as to captures. Blockade-Definition of.. A belligerent right by the established law of nations. 176 275 275 274 Actual, requisite to validity-and what, in law, is intended by actual blockade 276 278 Cases illustrating the question of knowledge of.. 280 Violation of, requisite to subject neutral property to the penalty of confiscation Excuses for violation of, regarded less severely in favor of less civilized nations 286 287 Vessel violating-not only in delicto, and subject to capture until the termina- 288 289 Doctrine of liability to capture for violation of, extended to next succeeding 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 320 Question of alleged modification of, &c., discussed and determined in the case 323 C. Captors-Duty of; on. capture.. 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 |