« ՆախորդըՇարունակել »
Sec. II. And be it further enacted, that the President of the United States be and hereby is authorized to instruct the commanders of the public armed vessels of the United States, and to authorize the commanders of any other armed vessels sailing under the authority of any letters of marque and reprisal granted by the Congress of the United States, or the commanders of any other suitable vessels, to subdue, seize, take, and, if on the high seas, to send into any port of the United States any vessel or boat built, purchased, fitted out, or held, as in the lst section of this Act mentioned.
III. And be it further enacted, that the collectors of the several ports of entry, the surveyors of the several ports of delivery, and the marshals of the several judicial districts within the United States be and are bereby authorized and required to seize any and all vessels or boats built, purchased, fitted out, or held as aforesaid, which may be found within their respective ports or districts, and to cause the same to be proceeded against and disposed of as hereinbefore provided.
Approved, August 5, 1861.
BRITISH Instructions to the Admiralty, prescribing the Rules to be
observed within British Territorial jurisdiction, during the Hostilities between the United States and the Confederate States of America. January 31, 1862.
Earl Russell to the Lords Commissioners of the Admiralty. My Lords,
Foreign-Office, January 31, 1862. HER Majesty being fully determined to observe the duties of neutrality during the existing hostilities between the United States and the States calling themselves the Confederate States of America, and being, moreover, resolved to prevent, as far as possible, the use of Her Majesty's harbours, ports, and coasts, and the waters within Her Majesty's territorial jurisdiction, in aid of the warlike purposes of either belligerent, has commanded me to communicate to your lordships, for your guidance, the following rules, which are to be treated and enforced as Her Majesty's orders and directions.
Her Majesty is pleased further to command that these rules shall be put in force in the United Kingdom, and in the Channel Islands, on and after Thursday, the 6th day of February next, and in Her Majesty's territories and possessions beyond the seas 6 days after the day when the Governor or other chief authority of each of such territories or possessions respectively shall have notified and published the same, stating in such notification that the said rules are to be obeyed by all persons within the same territories and
1. During the continuance of the present hostilities between the Government of the United States of North America and the States calling themselves the Confederate States of America, or until Her Majesty shall otherwise order, no ships of war or privateers belonging to either of the belligerents shall be permitted to enter or remain in the port of Nassau, or in any other port, roadstead, or waters of the Bahama Islands, except by special leave of the Lieutenant-Governor of the Bahama Islands, or in case of stress of weather. If any such vessel should enter any such port, roadstead, or waters, by special leave, or under stress of weather, the authorities of the place shall require her to put to sea as soon as possible, without permitting her to take in any supplies beyond what may be necessary for her immediate use.
If at the time when this order is first notified in the Bahama Islands, there shall be any such vessel already within any port, roadstead, or waters of those islands, the Lieutenant-Governor shall give notice to such vessel to depart, and shall require her to put to sea within such time as he shall, under the circumstances, consider proper and reasonable. If there shall then be ships of war or privateers belonging to both the said belligerents within the territorial jurisdiction of Her Majesty, in or near the said port, roadstead, or waters, the Lieutenant-Governor shall fix the order of time in which such vessels shall depart. No such vessel of either belligerent shall be permitted to put to sea until after the expiration of at least 24 hours from the time when the last preceding vessel of the other belligerent (whether the same shall be a ship of war, or privateer or merchant ship) which shall have left the same port, roadstead, or waters adjacent thereto, shall have passed beyond the territorial jurisdiction of Her Majesty.
2. During the continuance of the present hostilities between the Government of the United States of North America and the States calling themselves the Confederate States of America, all ships of war and privateers of either belligerent are prohibited from making use of any port or roadstead in the United Kingdom of Great Britain and Ireland, or in the Channel Islands, or in any of Her Majesty's colonies, or foreign possessions, or dependencies, or of any waters subject to the territorial jurisdiction of the British Crown, as a station or place of resort for any warlike purpose, or for the purpose of obtaining any facilities of warlike equipment; and no ship of war or privateer of either belligerent shall hereafter be permitted to sail out of or leave any port, roadstead, or waters subject to British jurisdiction, from which any vessel of the other belligerent (whether the same shall be a ship of war, a privateer, or a merchant ship) shall have previously departed, until after the expiration of at least 24 hours from the departure of such lastmentioned vessel beyond the territorial jurisdiction of Her Majesty.
3. If any ship of war or privateer of either belligerent shall, after the time when this order shall be first notified and put in force in the United Kingdom and in the Channel Islands, and in the several colonies, and foreign possessions, and dependencies of Her Majesty respectively, enter any port, roadstead, or waters belonging to Her Majesty, either in the United Kingdom or in the Channel Islands, or in any of Her Majesty's Colonies, or foreign possessions, or dependencies, such vessel shall be required to depart and to put to sea within 24 hours after her entrance into such port, roadstead, or waters, except in case of stress of weather, or of her requiring provisions or things necessary for the subsistence of her crew or repairs, in either of which cases the authorities of the port, or of the nearest port (as the case may be), shall require her to put to sea as soon as possible after the expiration of such period of 24 hours, without permitting her to take in supplies beyond what may be necessary for her immediate use; and no such vessel which may have been allowed to remain within British waters for the purpose of repair, shall continue in any such port, roadstead, or waters, for a longer period than 24 hours after her necessary repairs shall have been completed : Provided, nevertheless, that in all cases in which there shall be any vessels (whether ships of war, privateers, or merchant ships) of both the said belligerent parties in the same port, roadstead, or waters within the territorial jurisdiction of Her Majesty, there shall be an interval of not less than 24 hours between the departure therefrom of any such vessel, whether a ship of war, a privateer, or a merchant ship of the one belligerent, and the subsequent departure therefrom of any ship of war or privateer of the other belligerent; and the times hereby limited for the departure of such ships of war and privateers respectively shall always, in case of necessity, be extended so far as may be requisite for giving effect to this proviso, but not further or otherwise.
4. No ship of war or privateer of either belligerent shall hereafter be permitted, while in any port, roadstead, or waters subject to the territorial jurisdiction of Her Majesty, to take in any supplies except provisions and such other things as may be requisite for the subsistence of her crew; and except so much coal only as may be sufficient to carry such vessel to the nearest port of her own country, or to some nearer destination; and no coal shall be again supplied to any such ship of war or privateer, in the same or any other port, roadstead, or waters subject to the territorial jurisdiction of Her Majesty, without special permission, until after the expiration of 3 months from the time when such coal may have been last supplied to her within British waters as aforesaid.
I have, &c.,
RUSSELL. The Lords Commissioners of the Admiralty.
ADDITIONAL ARTICLE to the Treaty of April, 1862, bel ween
Great Britain and the United States, for the suppression of the Slave Trade. Signed at Washington, February, 17, 1863.
WHEREAS by the Ist Article of the Treaty between Her Majesty the Queen of the United Kingdom of Great Britain and Ireland, and the United States of America, for the suppression of the African Slave Trade, signed at Washington on the 7th of April, 1862,† it was stipulated and agreed that those ships of the respective navies of the 2 High Contracting Parties which shall be provided with special instructions for that purpose, as thereinafter mentioned, may visit such merchant vessels of the 2 nations as may, upon reasonable grounds, be suspected of being engaged in the African Slave Trade, or of having been fitted out for that purpose, or of having, during the voyage on which they are met by the said cruizers, been engaged in the African Slave Trade contrary to the provisions of the said Treaty; and that such cruizers may detain and send or carry away such vessels in order that they may be brought to trial in the manner thereinafter agreed upon : And whereas it was by the said Article further stipulated and agreed that the reciprocal right of search and detention should be exercised only within the distance of 200 miles from the coast of Africa, and to the southward of the 32nd parallel of north latitude, and within 30 leagues from the coast of the Island of Cuba: And whereas the 2 High Contracting Parties are desirous of rendering the said Treaty still more efficacious for its purpose; the Plenipotentiaries who signed the said Treaty have, in virtue of their full powers, agreed that the reciprocal right of visit and detention, as defined in the Article aforesaid, may be exercised also within 30 leagues of the Island of Madagascar, within 30 leagues of the Island of Puerto Rico, and within 30 leagues of the Island of San Domingo.
The present additional Article shall have the same force and validity as if it had been inserted word for word in the Treaty concluded between the 2 High Contracting Parties on the 7th of April, 1862, and shall have the same duration as that Treaty. It shall be ratified, and the ratifications shall be exchanged at London in 6 months from this date, or sooner if possible.
In witness whereof the respective Plenipoteniaries have signed the same, and have thereunto affixed the seal of their arms.
Done at Washington, the 17th day of February, in the year of our Lord, 1863. (L.S.) Lyons.
(L.S.) WILLIAM H. SEWARD. * Ratifications exchanged at London, April 1, 1863. † See Page 621.
ACT of the British Parliament, “ for the Prevention and Punish
ment of Offences committed by Her Majesty's Subjects in South Africa."
[26 & 27 Vict., cap. 35.)
[June 29, 1863.] WHEREAS the inhabitants of certain territories in South Africa to the southward of the 25th degree of south latitude not being within the jurisdiction of any civilized Government, and crimes and outrages being likely (unless prevented) to be committed within such territories by subjects of Her Majesty being therein, it is requisite to provide for the punishment of offences committed by Her Majesty's subjects within such territories: Be it therefore enacted by the Queen's most excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows :
I. The laws which are now, or which shall hereafter be in force in the Colony of the Cape of Good Hope for the punishment of crimes therein committed shall be, and the same are hereby extended and declared applicable to all Her Majesty's subjects within any territory in Africa being to the southward of the 25th degree of south latitude, and not being within the jurisdiction of any civilized Government, and every crime or offence committed by any of Her Majesty's subjects within any such territory shall be cognizable in the courts of the Colony of the Cape of Good Hope, or of the Colony of Natal, or of
of Her Majesty's possessions in Africa to the southward of the said 25th degree of south latitude, and shall be inquired of, tried, and prosecuted, and on conviction punished, in such and the same manner as if the said crime or offence had been committed, and as if the law rendering the same punishable had been in force within such Colony or Possession.
II. It shall be lawful for the Governor of the Cape of Good Hope, with the advice of his Executive Council, to address to any one or more of Her Majesty's subjects, being within or about to resort to any such territory as aforesaid, one or more Commission or Commissions, authorizing him or them to exercise within such territory the office of a magistrate for the purpose of preventing the perpetration therein by any of Her Majesty's subjects of any crimes or offences, and for the purpose of arresting, committing