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 aid 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 o. 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 scal 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. ABRAHAM LINCOLN. THE PROCLAMATION OF EMANCIPATION. BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.-A PROCLAMATION. WHEREAS, on the twenty-second day of September, in the year of our Lord one thousand eight hundred and sixty-two, a proclamation was issued by the President of the United States, containing among other things the following, to wit: "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 designated part of a state, the people whereof shall then be in rebellion against the United States, shall be 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, are not then in rebellion against the United States." Now, therefore, I, ABRAHAM LINCOLN, President of the United States, by virtue of the power in me vested as commander-in-chief of the army and navy of the United States, in time of actual armed rebellion against the authority and government of the United States, and as a fit and necessary war measure for suppressing said rebellion, do, on this first day of January, in the year of our Lord one thousand eight hundred and sixty-three, and in accordance with my purpose so to do, publicly proclaimed for the full period of one hundred days from the day first above mentioned, order and designate as the states and parts of states wherein the people thereof, respectively, are this day in rebellion against the United States, the following, to wit: Arkansas, Texas, Louisiana (except the parishes of St. Bernard, Plaquemines, Jefferson, St. John, St. Charles, St. James, Ascension, Assumption, Terre Bonne, Lafourche, St. Marie, St. Martin, and Orleans, including the city of New Orleans), Mississippi, Alabama, Florida, Georgia, South Carolina, North Carolina, and Virginia (except the forty-eight counties designated as West Virginia, and also the counties of Berkeley, Accomac, Northampton, Elizabeth City, York, Princess Ann, and Norfolk, including the cities of Norfolk and Portsmouth), and which excepted parts are, for the present, left precisely as if this proclamation were not issued. And by virtue of the power and for the purpose aforesaid, I do order and declare that ALL PERSONS HELD AS SLAVES, within said designated states and parts of states, ARE, AND HENCEFORWARD SHALL BE, FREE! and that the executive government of the United States, including the military and naval authorities thereof, will recognize and maintain the freedom of said persons. And I hereby enjoin upon the people so declared to be free, to abstain from all violence, unless in necessary self-defence; and I recommend to them that in all cases, when allowed, they labor faithfully for reasonable wages. And I further declare and make known, that such persons, of suitable condition, will be received into the armed service of the United States, to garrison forts, positions, stations, and other places, and to man vessels of all sorts in said service. And, upon this act, sincerely believed to be an act of justice, warranted by the Constitution, upon military necessity, I invoke the considerate judgment of mankind, and the gracious favor of Almighty God. In testimony 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 first day of January, in the year of our Lord one thousand eight hundred and sixty-three, and of the independence of the United States of America the eighty-seventh. [L. 8.] By the President-WILLIAM H. SEWARD, ABRAHAM LINCOLN. Secretary of State. Hostility of, coextensive with allegiance Hostility of, commences with war, and ends only with its termination.. 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.. Rule of suspension of commerce between, relaxed in particular cases.. Necessity of strict adherence to the rule of suspension of commerce between.. 20 21 23 24 24 25 28 Rule of suspension of commerce between, applicable on land as well as water. 30 30 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 reprisals.. Rights of, as to embargo.. Rights of, as to captures.. Blockade-Definition of... A belligerent right by the established law of nations.. PAGE 162 164 171 176 275 275 274 Actual, requisite to validity-and what, in law, is intended by actual blockade 276 Cases illustrating the question of knowledge of. 278 Violation of, requisite to subject neutral property to the penalty of confiscation 282 283 What may excuse a violation of. 284 Excuses for violation of, severely scrutinized.. 285 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- 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 291 291 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 292 293 295 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 |