Изображения страниц
PDF
EPUB

DRAFT OF AN AMENDED NEUTRALITY ACT.

[Remark: This draft is made upon the principle that while the Neutrality Act of 1818 (the present law of the United States on the subject) is admittedly defective, it is advisable to introduce such additional provisions as are needed without departing further than is necessary from the form of that Act, except to repeal such of its provisions as have no longer any application or are inconsistent with the obligations of the United States under the present law of nations.]

Act of 1818.

Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That if any citizen of the United States shall, within the territory or judisdiction thereof, accept and exercise a commission to serve a foreign prince, state, colony, district, or people, in war, by land or by sea, against any prince, state, colony, district, or people, with whom the United States are at peace, the person so offending shall be deemed guilty of a high misdemeanor, and shall be fined not more than two thousand dollars, and shall be imprisoned not exceeding three years.

Draft.1

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That, if any person, whether citizen of the United States or not, shall, within the territory or jurisdiction of the United States, accept or agree to accept a commission to serve a foreign prince, state, colony, district, people, or body of insurgents, in war, by land or by sea, against any foreign prince or state with whom the United States are at peace, or against any forcign colony, district, or people, whose belligerency has been recognized by the United States, and with whom they are at peace, or shall, within the territory or jurisdiction of the United States, induce any other person to accept any such commission to serve a foreign prince, state, colony, district, people, or body of insurgents, as aforesaid, or shall, within the territory or jurisdiction of the United States, issue or deliver to any other person any such commission, as aforesaid, or shall, within the territory or jurisdiction of the United States, exercise a commission conferred within or without the jurisdiction of the United States by any foreign

1Amendments of the Act of 1818 are printed in italics, except when merely verbal.

Sec. 2. And be it further enacted, That if any person shall, within the territory or jurisdiction of the United States, enlist or enter himself, or hire or retain another person to enlist or enter himself, or to go beyond the limits or jurisdiction of the United States with intent to be enlisted or entered in the service of any foreign prince, state, colony, district, or people, as a soldier, or as a marine or seaman, on board of any vessel of war, letter of marque, or privateer, every person so offending shall be deemed guilty of a high misdemeanor, and shall be fined not exceeding one thousand dollars, and be imprisoned not exceeding three years: Provided, That this act shall not be construed to extend to any subject or citizen of any foreign prince, state, colony, district or people, who shall transiently be within the United States, and shall on board of any vessel of war, letter of marque, or privateer, which at the time of its arrival within the United States, was fitted and equipped as such, enlist or enter himself, or hire or retain another subject or citizen of the same foreign prince, state, colony, district, or people, who is transiently within the United States, to enlist or enter himself to serve such foreign prince, state, colony, district, or people, on board such vessel of war, letter of marque, or privateer, if the United States shall then

prince, state, colony, district, people, or body of insurgents, at war, by land or sea, against any foreign prince or state with whom the United States are at peace, or against any foreign colony, district, or people, whose belligerency has been recognized by the United States and with whom they are at peace, the person so offending shall be deemed guilty of a high misdemeanor, and shall be fined not more than two thousand dollars, and shall be imprisoned not exceeding three years.

Sec. 2. And be it further enacted, That if any person shall, within the territory or jurisdiction of the United States, enlist or enter himself, or hire, or retain or induce any other person to enlist or enter himself, or hire or retain any other person to go beyond the limits or jurisdiction of the United States with intent to be enlisted or entered in the service of any foreign prince, state, colony, district, people, or body of insurgents, in war, by land or sea, against any foreign prince or state with whom the United States are at peace, or against any foreign colony, district, or people, whose belligerency has been recognized by the United States and with whom the United States are at peace, or shall, within the territory or jurisdiction of the United States, entice any other person to leave the United States under a false representation of the service in which such person is to be engaged, with the intent that such person may, when outside the jurisdiction of the United States, enlist or enter himself or be induced to enlist or enter himself in the service of any foreign prince, state, colony, district, people, or body of insurgents, as aforesaid, or shall within the territory or jurisdiction of the United States, as the owner or master of any vessel, knowingly take on board or have on board any person violating the provisions of

be at peace with such foreign prince, state, colony, district, or people.

Sec. 3. And be it further enacted, That if any person shall, within the limits of the United States, fit out and arm, or attempt to fit out and arm, or procure to be fitted out and armed, or shall knowingly be concerned in the furnishing, fitting out, or arming, of any ship or vessel with intent that such ship or vessel shall be employed in the service of any foreign prince or state, or of any colony, district, or people, to cruise or commit hostilities against the subjects, citizens, or property of any foreign prince or state, or of any colony, district, or people, with whom the United States are at peace, or shall issue or deliver a commission within the territory or jurisdiction of the United States, for any ship or vessel, to the intent that she may be employed as aforesaid, every person so offending shall be deemed guilty of a high misdemeanor, and shall be fined not more than ten thousand dollars, and imprisoned not more than three years; and every such ship or vessel, with her tackle, apparel, and furniture, together with all materials, arms, ammunition, and stores, which may have been procured for the building and equipment thereof, shall be forfeited; one half to the use of the informer, and the other half to the use of the United States.

this section, every person so offending shall be deemed guilty of a high misdemeanor, and shall be fined not exceeding one thousand dollars, and be imprisoned not exceeding three years.

Sec. 3. And be it further enacted, That if any person shall, within the territory or jurisdiction of the United States, build, fit out, arm or despatch, or attempt to build, fit out, arm, or despatch, or agree to build, fit out, arm, or despatch, or procure to be built, fitted out, armed, or despatched, or shall be knowingly concerned in the building, fitting out, arming, or despatching of any ship or vessel with intent or knowledge or having reasonable cause to believe that such ship or vessel shall or will be employed in the service of any foreign prince or state, ог of any colony, district, people, or body of insurgents, to cruise or engage in hostile operations against any foreign prince or state with whom the United States are at peace, or against any foreign colony, district, or people whose belligerency has been recognized by the United States and with whom they are at peace, every person so offending shall be guilty of a high misdemeanor, and shall be fined not more than ten thousand dollars, and imprisoned not more than three years; and every such ship or vessel, with her tackle, apparel, and furniture, together with all materials, arms, ammunition, and stores, which may have been procured for the building and equipment thereof, shall be forfeited; one half to the use of the informer, and the other half to the use of the United States: Provided, That the penalties of this act shall not apply to any person who is building, fitting out, or arming, or procuring to be built, fitted out, or armed, any ship or vessel, as aforesaid, under a contract entered

into before the commencement of the hostilities in which the said foreign prince, state, colony, district, people, or body of insurgents for whom the vessel is intended, is engaged, if such_person gives notice to the District Court of the district in which the said acts are being done, of the fact that he is so building, fitting out, or arming, or procuring to be built, fitted out, or armed, such ship or vessel, and if he gives such security and takes and submits to such other measures as may be prescribed by the President for assuring that the vessel shall not be delivered to the belligerent party for whom it is intended until the termination of the

war.

Note.-Sec. 4 of the Act of 1818 has no longer any application. See Chapter III, p. 78.

Sec. 4. And be it further enacted, That if any person shall, within the territory or jurisdiction of the United States, sell, transfer, or deliver, any war-ship or other vessel built primarily for use in war, or any vessel, which, being originally commercial, has, by the addition of armament, been adapted within or without the territory or jurisdiction of the United States for use in war, to any foreign prince, state, colony, district, people, or body of insurgents, with intent or knowledge or having reasonable cause to believe that such ship or vessel shall or will be employed to cruise or engage in hostile operations against any foreign prince or state with whom the United States are at peace, or against any foreign colony, district, or people whose belligerency has been recognized by the United States and with whom the United States are at peace, every person so offending shall be guilty of a high misdemeanor, and shall be fined not more than ten thousand dollars, and imprisoned not more than three years; and every such ship or vessel, with her tackle, apparel, and furniture, shall be

Sec. 5. And be it further enacted, That if any persons shall, within the territory or jurisdiction of the United States, increase or augment, or procure to be increased or augmented, or shall knowingly be concerned in increasing or augmenting, the force of any ship of war cruiser or other armed vessel, which, at the time of her arrival within the United States, was a ship of war, or cruiser, or armed vessel, in the service of any foreign prince or state, or of any colony, district, or people, or belonging to the subjects or citizens of any such prince or state, colony, district, or people, the same being at war with any foreign prince or state, or of any colony, district, or people, with whom the United States are at peace, by adding to the number of the guns of such vessel, or by changing those on board of her for guns of a larger calibre, or by the addition thereto of any equipment solely applicable to war, every person, so offending, shall be deemed guilty of a high misdemeanor, shall be fined not more than one thousand dollars and be imprisoned not more than one year.

Sec. 6. And be it further enacted, That if any person shall, within the territory or jurisdiction of the United States, begin or set on foot, or provide or prepare the means for, any military

forfeited; one half to the use of the informer, and the other half to the use of the United States.

Sec. 5. And be it further enacted, That if any person shall, within the territory or jurisdiction of the United States, by adding to the number of guns, or by changing those on board for other guns, or by the addition of any equipment solely applicable to war, increase or augment, or procure to be increased or augmented, or knowingly be concerned in increasing or augmenting, the force of any ship of war, cruiser, or other armed vessel which, at the time of her arrival within the United States, was a ship of war, or cruiser, or armed vessel, in the service of any foreign prince or state, or of any colony, district, people, or body of insurgents, the same being at war with any foreign prince or state with whom the United States are at peace, or with any foreign colony, district, or people, whose belligerency has been recognized by the United States and with whom they are at peace, or if any person shall, within the territory or jurisdiction of the United States, and without the licence of the President of the United States, furnish to any ship of war, cruiser, or any other armed vessel, as aforesaid, supplies of food or coal, or make or procure to be made repairs upon such ship of war, cruiser, or other armed vessel, every person so offending shall be deemed guilty of a high misdemeanor, shall be fined not more than one thousand dollars and be imprisoned not more than one year.

Sec. 6. And be it further enacted, That if any person shall, within the territory or jurisdiction of the United States, begin or set on foot, or provide or prepare the means for, or take part

« ПредыдущаяПродолжить »