Prizes, or Vessels Seized as Such, and Prisoners. 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 neces. sary 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 Prizes, or Vessels Seized as Such, and Prisoners. 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 fire 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, Prizes, or Vessels Seized as Such, and Prisoners. 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 contraband 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. Prizes, or Vessels Seized as Such, and Prisoners. 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 intrusted, 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 master 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 arms, or of any palpable abuse, the Commanding Officer of the station will at once have the matter investigated, and report the 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 Paroling. 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. ARTICLE XVI. PAROLING AND FLAGS OF TRUCE. SECTION 1. Paroling. 739....Paroling must always take place by the interchange of signed duplicates of a written document, in which the names and rank of the persons paroled are correctly and distinctly stated. Any one who intentionally misstates his rank forfeits the benefit of his parole, and is liable to punishment. 740....None but Commissioned Officers can give the parole for themselves and their command, and no inferior officer can give a parole without the authority of his superior, if within reach. 741....No paroling of entire bodies of men after a battle or capture, and no dismissal of large numbers of prisoners with a general declaration that they are paroled, is permitted, or will be considered of any value. 742....An officer who shall give a parole for himself or his command without referring to his superior, when it is in his power to do so, will be considered as giving "aid and comfort to the enemy," and may be considered as a deserter, and be punished accordingly. 743....For the officer the pledging of his parole is an individual act, and no wholesale paroling by an officer for a number of inferiors in rank, in violation of paragraph No. 739, is permitted or will be considered valid. 744....No Non-commissioned or Warranted Officer, or seaman, or private marine, or other person belonging to the Navy, can give his parole except through a Commissioned Officer. Individual paroles not given through an officer are not only void, but make the individuals giving them amenable to punishment as deserters, The only admissa |