Regulations for the government of the United States Navy (1865)

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ARTICLE XV.

Prizes, or Vessels Seized as Such, and Prisoners.

718 The attention of Commanding Officers of the Navy is particularly called to the laws in relation to captured vessels.

719 When a vessel shall be seized as a prize, it shall be the duty of the Commander of the vessel making the capture, to cause all the hatches and passages leading to the cargo to be secured and sealed, except such as may be indispensably necessary for the use of the persons on board and for the management of the vessel. The log-book, and all papers relating to the vessel and cargo, shall also be sealed up, and placed in charge of the prize-master, for delivery with the vessel and cargo.

720 Should it be absolutely necessary to take out of a vessel seized as a prize any property, either for its better preservation or for the use of vessels or armed forces of the United States, a correct inventory shall be made of it, and also a careful appraisement of its value, by suitable officers, qualified to judge of such value. This inventory and appraisement shall be made in duplicate, one part of which shall be transmitted to the Secretary of the Navy, and the other to the judge or United States attorney of the district to which the prize may be sent.

721 If, from unavoidable circumstances, it should become necessary to sell any portion of the captured property, a full report of the facts shall be made to the United States attorney or judge of the district into which the prize is sent, and any proceeds of sale shall be held subject to the order of the district court.

722 The prize-master will vigilantly guard the captured or seized property intrusted to his care from spoliation and theft, such offences leading to a forfeiture of the prize-money, and such other punishment as a prize court may inflict, both of the crew and the prize-master.

723 The Commanding Officer of any vessel of the Navy making a capture, shall report to the Navy Department all the material facts attending it ; and shall in this report, and also in his report to the United States district judge, state the names of all vessels within signal distance at the time, together with all the circumstances of their position, so far as he may be cognizant of them.

724 The Commanding Officers of all vessels claiming to share in a prize shall cause the prize list, which they are required by law to transmit to the Navy Department, to exhibit not only the name and rank, or rating, but also the rate of annual or monthly pay of each person borne on the books at the time of the capture to which the list refers. They shall also, in all cases, forward a statement of their claims, with the grounds upon which they are based, to the Department, and to the judge of the district to which the prize was sent.

725 On forwarding prize lists to the Department, they will see that a note is made against the name of any person who may come under the seventh section of the act approved February 24th, 1864, for enrolling and calling out the national forces.

726 The law requires that the master of the captured or seized vessel shall be sent in, his evidence being considered primary ; and as many of the officers and crew of the captured or seized vessel as can properly be taken care of should be sent forward, in custody of the prize master, who will report, immediately on his arrival, to the United States Attorney, as well as to the Department . The mate and supercargo, next to the master, are the most important witnesses before a prize court, and should always be sent with the captured or seized vessel, or carried into the port to which she may be sent for adjudication, without delay.

727 Although in time of war the Commander of a vessel is to exercise constant vigilance to prevent supplies of arms, munitions, and contraband articles being conveyed to the enemy, yet under no circumstances is he to seize any vessel within the waters of a friendly nation.

728 A Commanding Officer in time of war is to diligently exercise the right of visitation and search on all suspected vessels, yet in no case is he authorized to chase and lire at a vessel without showing any colors and giving her the customary preliminary notice of a desire to speak and visit her; i. e., first, a blank cartridge shall be fired ; second, a shotted gun, aimed so as not to hit ; third, a shot fired at the vessel ; nor is he to chase or fire at any such vessel, or commit acts of hostility or of authority -within a marine league of any foreign country with which we are at peace.

729 When such a visit shall be made, the vessel, if neutral, is not then to be seized without a search carefully made, so far as to render it reasonable to believe that she is engaged in carrying contra- band of war for or to the enemy, and to his ports, directly or indirectly; or unless she is attempting to violate a blockade established by the United States. If, after visitation and search, it shall appear to the satisfaction of the commanding officer that the vessel is in good faith and without contraband actually bound and passing from one friendly or neutral point to another, and not bound or proceeding to or from a port in the possession of the enemy, then she cannot be lawfully seized. It shall be the duty of the officer making the search to indorse upon the ship's register or license the fact of the visit, the nature of the search, by what vessel made, the name of her Commander, the latitude and longitude, the time of detention, and when released.

730 In order to avoid difficulty and error in relation to papers found on board a neutral vessel that may have been seized, the commanding officer will take care that official seals, or fastenings of foreign authorities, are in no case, nor on any pretext, to be broken, or parcels covered by them read by any naval authorities ; but all bags or other things covering such parcels, and duly sealed or fastened by foreign authorities, will be remitted to the prize court.

731 If information should be received by a Commanding Officer that a suspicious vessel has come, or intends to come, within the limits of his prescribed cruising ground, he will not be authorized to depart from the usual practice in regard to visitation, search, or capture, but shall, in the event of falling in with her, proceed in all respects as provided for in paragraphs No. 728 and 729.

732 The officers and crew of a neutral vessel seized are by no means to be confined either in irons or otherwise, except by detention on board, unless by their own conduct they should render such restraint necessary. Their personal property is to be respected, and a full and proper allowance of provisions is to be distributed to them. If any cruelty or unnecessary force is used towards such crew, a prize court will decree damages to the injured parties.

733 A neutral vessel seized is to wear the flag of her own country until she is adjudged to be a lawful prize by a competent court. The flag of the United States, however, may be exhibited at the fore, when necessary, to indicate that she is, for the time, in the possession of officers of the United States.

734 The form of a letter of instructions to be given to prize masters, to be observed by Commanding Officers, will be found in the Appendix, No. 15.

735 The Navigator, or other officer, or prize master, in whose charge instruments are placed, or the prize master to whom arms are entrusted, will be held strictly accountable for their condition, and in case of loss or damage, by neglect or any other cause not satisfactorily explained, the value will be charged to his account. The officer appointing a prize mister will require to give a receipt in duplicate for the instruments and arms with which he may be furnished, one of the same to be forwarded to the Commanding Officer of the station to which the prize vessel is bound, and the other to be retained by such appointing officer ; and in case of any deficiency in the delivery of these instruments and aims, or of any palpable abuse, the Commanding Officer of the station will at once have the matter investigated, and report ihe result to the proper bureau of the Navy Department.

736 Prisoners of war are to be treated with humanity; their personal property shall be carefully protected ; they shall have a proper allowance of provisions, and every comfort of air and exercise which circumstances admit of, shall be allowed them. Every precaution must be taken to prevent any hostile attempt on their part, and if necessary or expedient, they may be ironed or closely confined. If officers consent to give their parole not to attempt any hostile act on board the vessel, and to conform to such requirements as the Commanding Officer may consider necessary, they may be permitted such privileges of quarters and of the deck as he may deem proper.

737 If any vessel shall be taken acting as a vessel of war, or a privateer, without having a proper commission so to act, the officers and crew shall be considered as pirates and treated accordingly.

738 When a vessel is detailed to act in the suppression of the slave trade, her Commanding Officer, if acting singly, will be furnished by the Department with the necessary instructions, slave trade papers, &c., but if acting otherwise, by the Commander-in Chief of the squadron.

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