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and from stress of weather to go into France for repairs. While in France the three months elapsed, and the crew refused to remain unless they signed new articles for a second cruise. After the new articles were signed, the privateer sailed for home and made captures on the way. Held, that the cruise was not legally broken up in France; that the assignees of shares on the original cruise, and the officers and crew who were put on board of prizes captured on the outward voyage, were entitled to share in the prizes made after the departure from France.
From these authorities we may gather that the commonly accepted meaning of cruiser is an armed vessel that sails upon a voyage. On the 17th April, 1861, Jefferson Davis issued a proclamation inviting “all who desire, by service in private armed vessels on the high seas, to aid the Government, to make application for commissions or letters of marque and reprisal, to be issued under the seal of the Confederate States.” On the 6th May, 1861, the Congress of the Confederate States passed an act entitled “An act recognizing the existence of war between the United States
1 The Brutus, 2 Gall. 526. It was argued that "cruise" ex vi termini imports the period of time during which a vessel is engaged on the ocean for the purpose of making captures without any return to port. STORY, J.: By a cruise I understand a voyage for the purpose of making captures jure belli. Lord Mansfield, in Syers v. Bridge, Dougl. 527, has said that it is a well-known expression for a connected portion of time. This language is used with reference to a policy then before him containing a liberty to cruise six weeks,” which, it was contended, meant a cruising for six weeks, not merely in succession, but at distinct intervals, if the aggregate time did not exceed that space. His lordship is not therefore to be understood to assert that a cruise ex vi termini includes a given portion of time without reference to the place of commencement or termination, but only that it includes a connected portion or immediate succession of time, in whatever manner the same may be calculated. And this is true also as to a voyage. The boundaries of a cruise, like those of a voyage, may be defined by local limits or by artificial time, or by both combined. . . . In short, a cruise is nothing but a voyage for a given purpose, and may therefore be properly defined to be a cruising voyage, or voyage to make captures jure belli, and so it is clearly considered in our statutes (Act 26 June, 1812, ch. 107, sect. 10) [2 Stat. at Large, 761). And a cruise, like a voyage, imports a definite place of commencement and termination, unless that construction be repelled by the context. If no provision is made to the contrary, it must be presumed that a cruise comprehends a return to the country, if not to the home port, of the privateer. 538, 540.
2 See Neutrality Act, April 20, 1818 (3 Stat. at Large, 447), sects. 5 and 6, where the words, “ship of war, cruiser, or other armed vessel,” are frequently employed. Rev. St. sects. 5285, 5287.
and the Confederate States, and concerning letters of marque, prizes, and prize goods.” This authorized the President of the Confederate States to issue to private vessels commissions or letters of marque and general reprisal, &c.1
It would therefore seem that the proper meaning to be attached to the term “ Confederate cruiser," as used in this section, is an armed vessel sailing on the high seas to make captures by virtue of authority given by the President of the Confederate States. Undoubtedly captures were made by armed vessels (or armed men) acting in the interest of the cause of the Confederacy, under circumstances that would not bring them within this definition of the term “ Confederate cruiser.” 2
At the outbreak of hostilities, there may have been now and then an instance where a small armed steamer lay in wait, either at the mouth of a river, or just within some inlet, and, sallying out, captured a passing vessel. Should a claim founded upon a capture in such a case as this be presented to the court, questions of a novel and interesting nature may well arise. Whatever the court shall decide as to its jurisdiction over claims for losses thus incurred, it is quite possible to conceive, in advance of any decision, that cases do exist where owners of vessels and cargoes suffered loss by capture, and where the loss was inflicted by an armed boat acting in the interest of the Confederate States, yet under such circumstances that they are not entitled to indemnity under the provisions of the present statute.
The following is a list comprising, as nearly as can be conveniently
1 British Case. Papers relating to the Treaty of Washington, vol. i. p.
214. 2 Such, for instance, is the case of the Chesapeake.” She was a steamer plying between New York and Portland, Me. While at sea, bound for the latter port, she was seized by a party of men who had come on board at New York disguised as passengers. They acted under authority of the Confederate States. They took the steamer into ports of the British Provinces, but made no effort to have the capture adjudicated in a court of prize. Upon proceedings instituted by the Crown at Halifax, the Vice-Admiralty Court decreed that the steamer should be given up to her
The Queen v. The Chesapeake, 26 Law Reporter, 271. A party of Confederates in disguise captured a steamer running between Baltimore. and Washington, the “St. Nicholas," near Point Lookout, in Chesapeake Bay, in June, 1861. The leader came on board the steamer at Baltimore, disguised as
“French lady;" and others of the party wore the dress and brought with them the tools of mechanics. The captors proceeded to the mouth of the Rappahannock, where they captured three large schooners, which they took to Fredericksburg.
CAPTURES BY CONFEDERATE VESSELS.
ascertained, the names of the armed vessels making captures, and the names of the prizes that were taken which were not included in the provisions of the act of 1874. Nearly all represent captures of which some record exists on the files of the Department of State. But it is to be remembered that, as a general rule, it was not until ground of complaint existed against Great Britain, that owners of captured property sought the aid of the Department of State, and sent there a statement of their losses. The list is prepared, in part, from the Revised List of Claims, as presented at Geneva, and in part from other sources, chiefly from newspaper accounts of that day. Its accuracy or completeness, therefore, is not to be assumed ; nothing more can be claimed for it than that it is believed to be approximately correct:1 THE “ Boston." - "Lenox," barque; “Texana," barque. THE “CALHOUN.”. .“ Ella,” schooner; “ John Adams,” schooner; “Mer
maid,” schooner; “Milan," ship; "Ocean Eagle,” barque; “Pan
ama," brig. THE “ .
CHICKAMAUGA.” -“Albion Lincoln," barque; “Emma L. Hall," barque; “M. L. Potter," barque; “Otter Rock,” schooner;
“Shooting Star," ship. THE “Dixie.”? – “Glen," þarque; “Mary Alice,” schooner (retaken);
“Rowena," barque. THE "Echo" “Mary Goodell,” schooner; “Mary S. Thompson," brig. THE “GEORGIA.” — “Bold Hunter," ship; “ City of Bath," ship; “Con
stitution,” ship; “ Dictator," ship; “George Griswold,” ship (bonded); “Good Hope,” barque ; “John Watt,” ship; “J. W. Seaver," barque; “Prince of Wales," ship.
1 The tribunal at Geneva excluded from consideration, for want of evidence, the claims in relation to the “Sallie,” the “ Jefferson Davis,” the “Music," the “Boston," and the “V. H. Joy,” respectively. Decision and Award. Papers relating to the "Treaty of Washington, vol. iv. p. 53. See the “New York Herald,” November 19, 1861, for a list of vessels in the possession or under the control of the Confederacy. The list comprises thirty-eight steamers, sixteen schooners, two brigs, and one other vessel, fifty-seven in all.
2 A schooner of 150 tons, and four guns. Ran the blockade at Charleston, July 19, 1861. On July 23, captured the barque “Glen" of Portland. On the 25th, the schooner “Mary Alice,” of New York, with sugar from the West Indies bound to New York. A prize crew was put on board, but the prize was retaken by the blockading fleet. On the 31st the “ Dixie" captured the barque “Rowena," with coffee for Philadelphia. The captain of the “Dixie himself took charge of the barque with a prize crew, and got into Charleston, August 27. From the “New York Herald,” November 19, 1861.
The “ GORDON” (or the “ Theodora”). “Protector," ship. .
“Enchantress,” schooner; “John Crawford,” ship; “ John
(recaptured); “ W. McGilvery," brig. The “V. H. Joy” (Ivey ?). — “Aballino,” ship; “Marathon,” ship. THE “MUSIC." – "John H. Jarvis,” ship ; "Marshall,” ship. THE “NASHVILLE.” – “Harvey Birch,” ship; “ Robert Gilfillan,"
schooner. The “RETRIBUTION.” — “Emily Fisher," brig; "J. P. Ellicott," brig;
“ Hanover,” schooner. THE “SALLIE.” — “Betsey Ames," brig; “Granada," brig. THE “SAVANNAH.". “Joseph," brig. THE “SHENANDOAH,” (Before February 18, 1865). — “Alina,” barque;
“ Charter Oak,” schooner; “Delphine," barque; “D. Godfrey,” barque; “Edward," barque; “Fillmore," ship; “ Kate Prince,"
ship (bonded); “Lizzie M. Stacey,” schooner ; “Susan," brig. THE “SUMTER." — “Abbie Bradford, schooner (recaptured); “ Albert
Adams,” brig (released); “ Arcade," schooner; “Ben Dunning," brig (released); “Cuba," brig (released); “Daniel Trowbridge,” schooner;“Eben Dodge,” barque; “Golden Rocket," ship;“Investigator,” ship (bonded); “ Joseph Maxwell,” brig (released); “Joseph Parks," brig; "Louisa Kilham," barque (released); "Machias," brig (released); “Montmorency" (bonded); “Naiad," brig (released); “ Neapolitan,” barque; “ Vigilant,” ship; “West
Wind," barque (released). THE “St. Nicholas.” — “Margaret,” schooner; “Mary Pierce,” schoo
ner; “Monticello,” schooner. THE “TALLAHASSEE,” (known also as the "Olustee"). — “Adriatic,"
ship; “ A. J. Bird,” schooner ; “ A. Richards," brig; “ Areole,” ship; “Atlantic,” schooner ; “Bay State," barque; “ Billow," brig; “ Carrie Estelle," brig; “Castine," ship; “Coral Wreath,"
“E. F. Lewis,” schooner; “Empress Theresa,” barque;
1 A small sea steamer of 500 tons, carrying two guns. She lurked behind the coast islands at Hatteras, and, steaming out, made some captures. She succeeded in running the blockade at Charleston, bringing two vessels. New York Herald, Nov. 19, 1861. See Qumore v. United States, No. 1704. The “Protector."
2 In Nos. 1508 and 1960, claims were filed by sailors of the “John Welsh.” The testimony of complainant in the former case alleges that she was a brig bound from Trinidad to Falmouth, England, with sugar — captured by the “Jeff Davis" about two hundred and fifty miles southeast from Nantucket Shoals. Ackland v. United States.
102 VESSELS AND CARGO ES ATTACKED UPON THE HIGH SEAS.
“ Etta Caroline,” schooner; “Floral Wreath,” schooner; “Glenavon," barque; “Goodspeed,” schooner; “Howard,” schooner; “J. H. Hawser,” schooner; “James Funck," pilot-boat ; “James Littlefield,” schooner; "Josiah Achom,” schooner; “Lamont Dupont,” schooner; “Magnolia,” schooner; “Mercy Howe,” schooner; “North America," schooner;“P. C. Alexander," barque; “Pearl,” schooner; “Rasselas," schooner; "Roan,” schooner; “Sarah A. Boyle,” schooner ; "Sarah Louisa,” schooner; “Spokane," schooner; “T. D. Wagner," brig; “Vapor," schooner;
“ William Bell," pilot-boat. THE “WINSLOW." -"Herbert," schooner; "Itasca," brig; “Mary
Alice,” schooner; “Priscilla,” schooner; “ Transit,” schooner. THE “YORK.” –“George B. Baker," schooner (recaptured). 1
INCLUDING VESSELS AND CARGOES ATTACKED UPON THE HIGH SEAS. — The word “vessel," as used in the Revised Statutes, , includes every description of water-craft or other artificial contrivance used, or capable of being used, as a means of transportation on water.2
To attack a cargo upon the high seas necessarily implies an attack upon the vessel carrying it; and precisely what significance was intended to be given to the words “and cargoes” it is not easy to surmise. The attack must have been made while the vessel was upon the high seas. What acts amount to an attack are to be ascertained from consulting the prize law. The fact that “all ves
1 The “New York Herald,” of May 31, 1861, contains an article credited to the New Orleans “Bee,” of May 24, from which it appears that there were at the latter date seven prizes awaiting process of distribution at New Orleans, representing a total estimated value of $170,000. The “ Milan," “ Ocean Eagle,” “Ella,” “John H. Jarvis,” and “Marshall.” The article further states the following particulars respecting these and other prizes. By the “Calhoun," ship “ Milan," of Bath, Me., from Liverpool with salt, vessel valued at $20,000 ; barque “Ocean Eagle," of Thomaston, from Rockland, Maine, with lime, value $20,000 ; schooner, “Ella," of Philadelphia, from Tampico for Pensacola, with bananas and oranges, vessel and cargo valued at $5,000.
By the “V. H. Ivy,” (Joy ?) ship “Marathon," of New York, from Marseilles, in ballast, value, $35,000 ; ship “Aballino," of Boston, with a cargo of ice, vessel valued at $20,000.
By the “Music,” ship “Marshall” (new), from Havre in ballast, value, at least $50,000 ; ship". John H. Jarvis,” of Boston, in ballast, value about $20,000.
The “Calhoun” is reported in the Natchez “ Courier,” of May 30, 1861, as having taken the “John Adams,” the “Mermaid," and the “Panama,” whaling vessels. 1 Reb. Record, Diary 71, 81.
2 Rev. Stat. sect. 3.