r Ouke University Libraries An act recogniz Conf Pam q#1 ^.Tsr ^..v. CT Recogiiiziug the csisteneo of War between the Unitefi States and the Confederate States; sind concerning letters of marque, prizes, nnd prise goods. WiiEUEAS, the earnest cttbrts niiscle by this Govern- ment to establish iViendly relations between the Gov- ernment of tiic United States and llie Confederate States, and to settle all questions of disagreement be- tween the two Governments upon principles of right, justice, equity and good faith, have proved unavailing by reason of the refusal of the Government of the United States to hohl any intercourse with the Com- missioners appointed by tiiis Government ibr the jmr- poses aforesaid, or to listen to any proposals tliey had to make for the peaceful solution of all causes of diffi- culty between the two Governments; and wlieroas the President of the United States of America has issued his proclamation making requisition upon the Slates of the American Union for seventy-five thousand men for the purpose, as therein indicated, of capturing forts and other .strong-holds v.ithin the jurisdiction of and be- longing to the Confcderaio States of America, and has detailed naval armaments upon the coasts of the Con- federate States of America, and raised, organised and equipped a large military force to execute the purpose aforesaid, and has issued his other proclamation an- nouncing his purpose to set on foot a blockade of the ports oi' tlie Confederate States: and whereas the State of Virginia has seceded from tlie Federal Union and entered into a convention of alliance offensive and defensive with the Confederate States, and h:'.s adopted the Provision.al Constitution of the snid States, and the States of Maryland, North Carolina, Tennessee, Ken- tucky, Arkansas and Missouri, have refused, and it is believed that the State of Delaware and the inhabitants of tlie Territories of Arizona and New Mexico, and the Indian Territory South of Kansas, will refuse to co-ope- rate with the Government of the United States in these acts of liostiiities and wanton aggression, vvliich are plainly intended to over-awe, oppress, and finally sub- jugate the people of the Confederate States; and whereas, by the acts and means aforesaid, war exists between the Confederate Slates and the Government of tlie United States, and tiie States and Territories thereof, except the States of JIarylnnd, North Carolina, Tennessee, Kentucky, Arkansas, IVIissouri and Dela- ware, and the Territories of Arizona and. New Mexico, and the Indian Territory South of Kansas: Therefore Sec. 1. I'/ic Coiif/rcss of the Cor.federuti' Stales of America do c/itic/. That tiie President of the Coiif 'de- rate States is hereby authorized to use the whole lan.l and naval force of the Confederate States to meet the war thus commenced, and to issue to private armed vessels commissions, or letters of marque and general reprisal, in such form as he slinll think proper, under the .seal of the Confederate States, against tlie vessels, goods, and effects of the Government of the United States, and of the citizens or inhabitants of the States and Ten-itories thereof: JPn vidcd, hoirovn; That pro- perty of the enemy (unless it be contraband of war) laden on board a ncutr.il vessel, shall not be subject to seizure under this act: Aiid provided ^fuHher, That vessels of the citizens or inhabitants of the United States now in tlio ports of the C'onfedcrate States, ex- cept such as have been, since the 5th of April last, or may hereafter be in the service of the Government of the United States, shall lie allowed thirty days after the publication of this act to leave said ports, and reach their dcsliuation; and such vessels and their oar- goes, excepting articles contraband of war, shall not be subject to capture under this act, during said peri- od, unless they shall have previously reached tlie desti- nation for which they were bound on leaving said ports. Sec, 2. That the President of the Confederate States shall be and he is hereby autliorizod .ind empowered to revoke and annul, at pleasure, all letters of marque and reprisal whicli he may at any time grr.iit pursuant to this act. Sec. 3. That all persons applying for letters of marque .ind reprisal pursuant to this act, shall state in writing the name, and a suitable description of the tonnage and force of the vessel, and the name and place of residence of each owner concerned therein, and the intended number of the crew; which st:Uement shall be signed by tlie person or persons making such appli- cation, and filed with the Secretary of State, or shall be delivered to .any other ofHcer or person who sh.ill be employed to deliver out such commissions, to be by him transmitted to the Secretary of State. Sec. 4. That before any commission or letters of marque and reprisal shall be issued as aforesaid, the owner or owners of the ship or vessel for which the same shall be reijuested, and the commander thereof for the time being, shall give bond to the Confederate States, with at least two responsible sureties, not inter- ested in such vessel, in the penal sum ol' five thousand dollais: oi- if such vessel he provided with move than one liundred and titty men, then in tl>e penal sum of ten thousand dollars ; with condition that the owners, otficcrs and crew, who siiall be employed on board such commissioned vessel, shall and will observe the lawsof theConfederate States, and theinstrnctions which shall be given them according 1o law, for the regula- tion of their conduct; and will satisfy all damages and injuries which shall be done or committed contrary to the tenor thereof, by sudi vessel, during her (-onnnis- sion, and to deliver up the same when revoked by tiie President of the Confederate States. Sec. 5. Tiiat all captures and prizes of vessels and jn-operty shall be forfeited and shall accrue to the owners, officers and crews of the vessels by whom such captures and prizes shall be made ; and on due con- demnation liad, shall V)e distributed according to any written agreement which shall be made between them; and if there be no such written agreement, then one moiety to the owneis, and the other moiety to the officers and crew, as nearly as may be according to the rules prescribed for the distribution of prize money, by the laws of the Confederate States. Sec. C. That all vessels, goods and eftects, the pro- perty of any citizen of the Confederate States, or of person.s resident within and under the ])rotection of the Confederate States, or of persons permanently Avithin the territories, and under the i>rotection of any foreign prince. Government, or State in amity with the Confederate States, which shall have been captured by the United States, and whidi shall be recaptured by vessels commissioned as aibresaid, shall be restored to the lawful owners, upon jiayment by them of a just and reasonable salvage, to be determined by the mutu- al agreement of the parties concerned, or by the decree of any court having jurisdiction, according to the na- ture of each case, agreeably to the provisions establish- ed by law- .Vnd such salvage shall be distributed among the owners, officers, and crews of the vessels commissioned as aforesaid, and making such cajjtures, according to any written agreement which sliall be made between them ; and in case of no such agreement, then in the same manner and upon the principles heie- inbefore provided in cases of capture. Sec. 7. That before breaking bulk of any vessel which shall be captured as atbresaid, or other disposal or conversion thereof, or of any articles which shall be found on board the same, such captured vessel, goods or eftects, shall be brought into some port of the Con- federate States, or of a nation or State in amity with the Confederate States, and shall be proceeded against before a competent tribunal ; and after condenmation and forfeiture thereof, shall belong to the owners, offi- cers, and crew of the vessel capturing the same, and be distributed as before ])rovided ; and in the case of all captured vessels, goods and efl'ects, which shall be brought within the jurisdiction of the Confederate States, the District Courts of the Confederate States shall have exclusive, original cognizance thereof, as in civil causes of admiralty and maritime jurisdiction ; and the said courts, or the courts, being courts of the Confederate States, into which such cases shall be re- moved, and in which they sliall lie finally decided, shall and may decree restitution, in whole or in part, when the capture shall have been made without just cause And if made without probable canse, may order and decree damages and cosls to the party injured, for which tlie owners and commanders of the vessels mak- ing such captures, and also the vessels, shall be liable. Sicc. 8. That all persons found on board any cajitured vessels, or on board any re-captured vessel, shall be re- ported to the collector of the port in the Confederate States, in which they shall first arrive, and sh.all be de- livered into the custody of the marshal of the District, or some court or military officer of the Confederate States, or of any State in or near such port, who shall take charge of their safe keeping and support, at the expense of the Confederate States. Sec. 9. That the President of the Confederate States is hereby authorized to establish and order suitable in- .striictions for the better governing and directing the conduct of the vessels so commissioned, their officers and crew^s, copies of which shall be delivered, by the collector of the customs, to the commanders, when tliey shall give bond as provided. Sec 10. That a bounty shall be j)aid by the Confed. erate States of ^20 for each person on board any armed ship or vessel, belonging to the United States, at the com- mencement of an engagement, which .shall be burnt, sunk or destroyed by any vessel commissioned as aforesaid, which shall be of equal or inferior force, the same to be divided as in other cases of prize monej' — and a bounty of S!25 shall be paid to the owners, officers and crews of the private armed vessels, commissioned as aforesaid, ibr each and every prisoner by them captured and brought into port, and delivered to an agent authorized to receive them, in any port of the Confederate States; and the Secretary of the Treasury is liereliy authorized to pay or cause to be paid to the owners, officei's and crews of such private armed vessels, commissioned as aforesaid, or their agent, the bounties herein provided. Sec, 11, That the commanding officer of every ves- sel having a commission, or letters of marque and repri- sal, during the present ho.sliliiies between the Confed- erate States and the United States, shall keep a regular journal, containing a true and exact account of his daily proceedings and transactions with such vessel and the cvew thereof; the ports and places he shall put into, or cast anchor in ; the time of his stay tliere, and the cause thereof; the prizes he sliall tnke, and the nature and probable value thereof; the times and places, when and where taken, and in what manner lie shall dispose of the same; the ships or vessels he shall fall in with; the times and places when and where, he shall meet M'itli them, and his observations and remarks thereon ; also, of whatever else shall occur to him, or any of his officers or marines, or be discovered by examination or confer- ence with any marines oi' i>assengcrs of, or in any other ships or vessels, or by any other means, touching; the fleets, vessels, and forces of the United States; their posts and places of station and destination, strength, numbers, intents and designs: and such commanding officer shall, immediately on his arrival in any port of the Confederate States, from or during the continuance of any voyage or cruise, produce his commission for sucli vessel, and deliver up such journal so kept as aforesaid, signed witliliis proper riamo and liand-writing, to the col' lector or other chief officer of the customs at or nearest to such i)ort ; the truth of wliich journal shall be verified by tlie oath of the commanding officer for the time be- ing, and such collector or oilier chief officer of the ens' toms shall immediately on the arrival of sucli vessel, or- der the proper oflicer of the customs to go on board and take an account of the officers and men, the number and nature of the guns, and whatever else shall occur to him on examination, material to be known ; and no such vessel shall be permitted to sail out of port again \nitil such journal shallhave been delivered up, anda certificate obtained under the hand of such collector or other chicl officer of tlie customs, that slie is manned and armed according to her commission ; and upon delivery of such certificate, any former certificate of a like nature which shall have been obtained by the commander of such ves- sel, shall be delivered up. Sec. 12. That the commanders of vessels having let- ters of marque and reprisal, as aforesaid, neglecting to keep a journal as aforesaid, or wilfully making fraule to all the penalties and forfeitures attaching to merchant vessels, in like cases. Skc. 14. That on all goods, wares and merchandise captured and made good and lawful prize of war, Ijy any private armed ship having commission or letters of marque and reprisal under this act, and brought into the Confederate States, there shall be allowed a deduc- tion of .33 1-3 per cent, on the amount of duties imposed by law. Skc. 15. That live jier centum on the net amount (af- ter deducting all charges and expenditures) of the prize money arising from captured vessels .and cargoes, and on the net amount of the salvage of vessels and cargoes recai)tured by private armed vessels of the Confederate States, shall be secured and paid over to the collector or other chief officer of the customs, at the port or place in the Confederate States at which such cai)tured or re- captured vessels may arrive, or to the consul or other public agent of the Confederate States, residing at the port or place, not within the Confederate States, at which such captured or recaptured vessel may ar- rive. And tiie monies arising tlieref'rom shall be Iiekl and are hereby pledged by the Government of the Con- federate States as a fund for the support and mainten- ance of the widows and orphans of such persons as may be slain, and for the support and maintenance of such persons as may be wounded and disabled on board of the private armed vessels commissioned as aforesaid, in any engagement with the enemy, to be assigned and distributed in such m.unu'r as shall hereafter be provid- ed by law. HOWELL COBB, President of the Congress. Approved M;\y 0th, ISOl. JEFFERSON I). WIS. PRESIDENT'S INSTRUCTIONS TO PRIVATE ARMED VESSELS. 1. The tenor of your commission under the act of Congress, entitled "An act, recognizing the existence of war b^'t^^een the United States and the Confederate States; and concerning letters of marcjue, prizis, and prize goods," a copy of whieli is hereto ;iiiiicxi'd, will lie kept constantly in your view. The high seas, referred to in your commissions, you will understand generally, to refer to low water mark; but with the exceiUion of tiie space within one league, or three miles from the shore of countries at peace both with the United St.ates and the Confederate States. You may nevertheless ' execute your commission within that distance of the shore of a nation at war with the United States, and even on the waters within the jurisdiction of such na- tion, if permitted to do so. 2. Yon are to )>ay the strictest regard to the rights : of neutral powers, and the usages of civilized nations ; I and in all your proceedings toward neutral vessels, you | are to give them as little molestation or interrujition as will consist witli the right of ascei'laiuing their neutral character, and of detaining and hringiiig tlicni in for j regtdar adjudication, in tlie proper cases. You are particularly to avoid even the appearance of i using force or seduction, with a view to deprive such , vessels of their crews or of tiieir passengers, other than | persons in the military service of tiie enemy. i 3. Towards enemy vessels and their crews, you are to proceed in exercising the rights of wai-, with all the justice and humanity which characterize this Govern- i ment and its citizens. 4. The master, antl one or more of the principal per- sons helonging to the captured vessels, arc to be sent, | as soon after the cipturc as may be, to the judge or i judges of the proper court in the Confederate States?, to be examined upon oath touching the interest or • propertj' of tlie c.ajitured vessel and her lading; and at the same time, are to be delivered to the judge or ; judges, all papers, charter parties, bills of lading, letters and other documents, and writings found on board ; { the said papers to be proved by the affidavit of the | commander of the capturing vessel, or some other per- i son present at the capture, to be produced as they ■were received, without fraud, addition, subduction or embezzlement. ' 5. Property, even of the enemy, is exempt from seiz- ure on neutral vessels, unless it be contraband of war. If goods contraband of war are found on any neutral vessel, and the commander therof shall ofler to deliver them U)), t!ie offer shall be accepted, and the vessel left at liberty to pursue its voyage, unless the quantity of contraband goods be greater than can be conveniently received on board your vessel, in which case the neu- tral vessel may be carried into port for the delivery of the contraband goods. Tiie following articles are deemed by this Govern- ment contraband of war, as well as all others that are so declared by the law of nations, viz: -VU arms and impIeiueiUs, serving for the purposes of war by land or sea, such as cannons, mortars, guns, muskets, ritles, pistols, petards, bmnbs, grenades, ball, shot, shell, fuses, pikes, swords, bayonet?, javelins, lances, liorse furniture, holsters, belts, and generally all other implements of war. Also, timber for ship building, pitch, tar, rosin, cop- per ill sheets, sails, liemi>, cordage, and generally what- ever m.ay serve directly to the equipment of vessels, uti- wrought iron and ])lanks only excepted. Xeutral vessels conveying enemies' despatches or military persons in the service of the enemy, forfeit their neutral character, and are liable to captiire and condem- nation. But this rule does not apply to neutral vessels bearing despatches from the ])ublio ministers or embas- sadors of the enemy residing in neutral countries. By the command of the President of the Confederate States. KOBERT TOOMBS, Secretary of State. KNOW -ALL MEN li'i I^OIIM: of- BOIVI3. THESE PKESEXTr'-, That we (iWe 1.) are bound (o the CoxpI'DERatp, Sta-.t.s oi' Ameuica in the full sum of (iVofj '2), thousand dollars, lo the payment wlierooi' well and truly to be made, we bind ourselves, o>ir heirs, executors, and administrators, jointly and severally by Ihcse presents. The coudilion of this obligation is such, that, whereas, npplioation has been made to the said CoxFEDERAxn States oe Amehica, lor the gi-ant of a Commission or Letter of Marque, and general reprisals, authoi'izing the {Nole Z) or vessel called the to act as a ])rivate armsd vessel in the service of the Confederate States, on the high seas, against the United States of America, its ships and vessels, and those of its citizens, during the pendency of the war now existing between the said Coni'ed<>rate States, and the said United States, Now, if the owners, ofiicors anc5 crew, who shall bo employed on hoard of said vessel when commissioncil, shall observe the laws of the Confederate States, and the instructions which shall be given them according to law for the regulation of their conduct ; ant! shall satisfy all damages and injuries which shall be done or committed contrary to the tenor thereof by such vessel during her oommisssion, and shall deliver up said commission, when revoked by tlio President of the Confederate Stales, then thi-> obligation shall he void, but otherwise shall remain in full force and effect. Signed, scaled, and dclivi'icd in i)rosonce of dn this dav of A. 15. ) } WllllfAICS. a. D. SEAL. SEAL. SEAL. NoTB 1. — Tills Ijlaiik must be filloil with the name or lli'! Comin.iii icr tor llie tim > not iilt'TfS'cil ill ilie vessti. NoTB 2.— Tliia blniik mm', he fllleil Willi a " five," if Ih'j vosiel be proviilj 1 only b-'iiil, an;lllie n\vn_. .villi 13) iiun, or :i 1 g.'' " s;*liooocr,*' " sic: SE.\L. ir owners, and at least two responsible sureties, inuiober; it willi more then tUat number, the cr," ic. pH 8.5