The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1898-07-30


A correspondent of the Journal asks under
what law or other rules or regulations cap
lures by the United States navy become
the property of the captors as prizes, and in
what ratio the distribution is made. The
whole subject is regulated By an act of Con-
gress of June 80, 1864, amended in few
particulars by an act of June S, 1874. ship
captured in time of war is not prize in
the legal sense until she has been so ad-
judged by prize court of competent juris-
diction. When so adjudged the law pro-
vides that if the prize is of superior or equal
force to the vessel or vessels making the
capture its full value shall go to the cap
tors, but if of inferior force one-half shall
be decreed to the United States and the
other half to the captors on the following
basis: To the commanding officer of fleet
or squadron one-twentieth part of all prize
money awarded to any vessel or vessels I'M
der his immediate command; to the COM
handing officer of division of a fleet or
squadron ON duty under the orders of the
conmander-in-chief OF such fleet or squad
ron a sum equal to one-fiftieth part of any
prize money awarded to vessel of such di-
vision for a capture made while under his
command; to- the fleet captain one-hun-
dredth part of all prize money awarded to
any vessel or vessels of the fleet or squadron
in which he is serving; to the commander
of a single vessel one-tenth of all the prize
money awarded to the vessel under his COM
mand if such vessel, at the time of the cap
ture was under the command of COM
handing officer of fleet or squadron or
division, and three-twentieths if his vessel
was acting independently of such superior
officer; after the foregoing deductions the
residue is to be distributed and proportional
among all others doing duty on board and
borne upon the books of the ship in proper
ton to their respective rates of pay in the
service. The foregoing provisions apply to
ships captured, while the following relates
to those sunk or destroyed:
A bounty shall be paid by the United
States for each person on board any ship
or vessel of war belonging to an enemy at
the commencement OF an engagement Whlcn
gagement by any ship or vessel belonging
to the United States, of 500 If the enemys
vessel was of inferior force, and of $500 If
of equal or superior force, to be divided
among the officers and crew in the same
manner as prize money; and when the
actual number of men on board any such
vessel cannot be satisfactorily ascertained
it shall be estimated according to the COM
plement allowed to vessels of its class in
the navy of the United States.
These are the main provisions relating to
the distribution of prize money, and, in
connection with the rules adopted by prize
courts, they make rather a complex system
of adjudication. In fact, the whole prize
money system is survival of a remote
period when sea fighting and piracy were
very closely allied. 1t is a relic of barbar-
ism rather than a fruit of civilization. 1t
is not founded in reason, since naval officers
and men are expected to do their whole
duty without extra pay or reward and it
is plain discrimination against the army,
for which no such system exists. Our land
forces contributed materially to the condi-
lions which made it possible to destroy
Cervera's fleet, yet they will get no share
of the prize money nor any reward beyond
the consciousness of duty nobly performed
in the capture of more than 10000 Spanish
prisoners and large quantities of munitions
of war. If the prize-money system in the
navy is right it should be extended to the
army, but it is wrong in principle and
should be abolished. 1t is founded in greed
and injects an unworthy motive into what
should be a work of high duty and un-
adulterated patriotism. 1t was the cause of
a disgraceful scandal in our navy after the
close of the civil war and is liable at any
time to be the cause of others. The ethics
of piracy and privateering should have no
place in civilized navy.