or cruiser, or other armed vessel which at the time of her arrival in any part of the United Kingdom or any of His Majesty's dominions, was a ship of war, cruiser, or armed vessel in the service of any foreign prince, state, or potentate, or of any person or persons exercising or assuming to exercise any powers of government in or over any colony, province, or part of any province or people belonging to the subjects of any such prince, state, or potentate, or to the inhabitants of any colony, province, or part of any province or country under the control of any person or persons so exercising or assuming to exercise the powers of government, every such person so offending shall be deemed guilty of a misdemeanor, and shall, upon being convicted thereof, upon any information or indictment, be punished by fine and imprisonment, or either of them, at the discretion of the court before which such offender shall be convicted. IX. And be it further enacted, That offenses made punishable by the provisions of this act, committed out of the United Kingdom, may be prosecuted and tried in His Majesty's court of King's Bench at Westminster, and the venue in such case laid at Westminister, in the county of Middlesex. X. And be it further enacted, That any penalty or forfeiture inflicted by this act may be prosecuted, sued for, and recovered, by action of debt, bill, plaint, or information, in any of His Majesty's courts of record at Westminister or Dublin, or in the court of exchequer, or in the court of session in Scotland, in the name of His Majesty's attorneygeneral for England or Ireland, or His Majesty's advocate for Scotland respectively, or in the name of any person or persons whatsoever: wherein no essoign, protection, privilege, wager of law, nor more than one imparlance shall be allowed; and in every action or suit the person against whom judgment shall be given for any penalty or forfeiture under this act shall pay double costs of suit; and every such action or suit shall and may be brought at any time within twelve months after the offense committed, and not afterwards; and one moiety of every penalty to be recovered by virtue of this act shall go and be applied to His Majesty, his heirs or successors, [16] and the other *moiety to the use of such person or persons as shall first sue for the same, after deducting the charges of prosecution from the whole. XI. And be it further enacted, That if any action or suit shall be commenced, either in Great Britain or elsewhere, against any person or persons for anything done in pursuance of this act, all rules and regulations, privileges and protections, as to maintaining or defending any suit or action, and pleading therein, or any costs thereon, in relation to any acts, matters, or things done, or that may be done by any officer of customs or excise, or by any officer of His Majesty's navy, under any act of Parliament in force on or immediately before the passing of this act, for the protection of the revenues of customs and excise, or prevention of smuggling, shall apply and be in full force in any such action or suit as shall be brought for anything done in pursuance of this act, in as full and ample a manner to all intents and purposes as if the same privileges and protections were repeated and re-enacted in this act. XII. Provided always, and be it further enacted, That nothing in this act contained shall extend, or be construed to extend, to subject to any penalty any person who shall enter into the military service of any prince, state, or potentate in Asia, with leave or license, signified in the usual manner, from the governor-general in council, or vicepresident in council, of Fort William in Bengal, or in conformity with any orders or regulations issued or sanctioned by such governor-general or vice-president in council. APPENDIX No. II. UNITED STATES FOREIGN-ENLISTMENT ACT. (Fifteenth Congress, sess. 1, ch. 8, April 20, 1818.) CHAP. LXXXVIII-AN ACT in addition to the "Act for the punishment of certain crimes against the United States," and to repeal the acts therein mentioned.1 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 jurisdiction 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. SEC. 2. And be it further enacted, That if any person shall, within the territory or "An act for the punishment of certain crimes against the United States," April 30, 1790, ch. 9. Act of March 3, 1817, ch. 58. 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, enter and enlist 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 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 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. SEC. 4. And be it further enacted, That if any citizen or citizens of the United States shall, without the limits thereof, fit out and arm, or attempt to fit out and arm, or procure to be fitted out and armed, or shall knowingly aid or be concerned in the furnishing, fitting out, or arming, any private ship or vessel of war, or privateer, with intent that such ship or vessel shall be employed to cruise, or commit hostilities, upon the citizens of the United States, or their property, or shall take the command of, or enter on board of any such ship or vessel, for the intent aforesaid, or shall purchase any interest in any such ship or vessel, with a view to share in the profits thereof, such persons so offending shall be deemed guilty of a high misdemeanor, and fined not more than ten thousand dollars, and imprisoned not more than ten years; and the trial for such offense, if committed within the limits of the United States, shall be in the district in which the offender shall be apprehended or first brought. 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 caliber, 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 expedition or enterprise, to be carried on from thence against the territory or dominions of any foreign prince or state, or of any colony, district, or [17] people, with whom the United States are at peace, every person so offending *shall be deemed guilty of a high misdemeanor, and shall be fined not exceeding three thousand dollars, and be imprisoned not more than one year. SEC. 7. And be it further enacted, That the district courts shall take cognizance of complaints, by whomsoever instituted, in cases of captures made within the waters of the United States, or within a marine league of the coasts or shores thereof. SEC. 8. And be it further enacted, That in every case in which a vessel shall be fitted out and armed, or attempted to be fitted out and armed, or in which the force of any vessel of war, cruiser, or other armed vessel, shall be increased or augmented, or in which any military expedition or enterprise shall be begun or set on foot, con trary to the provisions and prohibitions of this act; and in every case of the capture of a ship or vessel within the jurisdiction or protection of the United States as before defined, and in every case in which any process issuing out of any court of the United States shall be disobeyed or resisted by any person or persons having the custody of any vessel of war, cruiser, or other armed vessel of any foreign prince or state, or of any colony, district, or people, or of any subjects or citizens of any foreign prince or state, or of any colony, district, or people, in every case it shall be lawful for the President of the United States, or such other person as he shall have empowered for that purpose, to employ such part of the land or naval forces of the United States, or of the militia thereof, for the purpose of taking possession of and detaining any such ship or vessel, with her prize or prizes, if any, in order to the execution of the prohibitions and penalties of this act, and to the restoring the prize or prizes in the cases in which restoration shall have been adjudged, and also for the purpose of preventing the carrying on any such expedition or enterprise from the territories or jurisdiction of the United States against the territories or dominions of any foreign prince or state, or of any colony, district, or people with whom the United States are at peace. SEC. 9. And be it further enacted, That it shall be lawful for the President of the United States, or such person as he shall empower for that purpose, to employ such part of the land or naval forces of the United States, or of the militia thereof, as shall be necessary to compel any foreign ship or vessel to depart the United States in all cases in which by the law of nations or the treaties of the United States they ought not to remain within the United States. SEC. 10. And be it further enacted, That the owners or consignees of every armed ship or vessel sailing out of the ports of the United States, belonging wholly or in part to citizens thereof, shall enter into bond to the United States, with sufficient sureties, prior to clearing out the same, in double the amount of the value of the vessel and cargo on board, including her armament, that the said ship or vessel shall not be employed by such owners 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. SEC. 11. And be it further enacted, That the collectors of the customs be, and they are hereby, respectively authorized and required to detain any vessel manifestly built for warlike purposes, and about to depart the United States, of which the cargo shall principally consist of arms and munitions of war, when the number of men shipped or board, or other circumstances, shall render it probable that such vessel is intended to be employed by the owner or owners to cruise or commit hostilities upon the subjects, citizens, or property of any foreign state, or of any colony, district, or people with whom the United States are at peace, until the decision of the President be had thereon, or until the owner or owners shall give such bond and security as is required of the owners of armed ships by the preceding section of this act. SEC. 12. And be it further enacted, That the act passed on the fifth day of June, one thousand seven hundred and ninety-four, entitled "An act in addition to the act for the punishment of certain crimes against the United States," continued in force, for a limited time, by the act of the second of March, one thousand seven hundred and ninety-seven, and perpetuated by the act passed on the twenty-fourth of April, one thousand eight hundred, and the act passed on the fourteenth day of June, one thousand seven hundred and ninety-seven, entitled "An act to prevent citizens of the United States from privateering against nations in amity with, or against the citizens of, the United States," and the act passed the third day of March, one thousand eight hundred and seventeen, entitled "An act more effectually to preserve the neutral relations of the United States," be, and the same are hereby, severally repealed: Provided, nevertheless, That persons having heretofore offended against any of the acts aforesaid may be prosecuted, convicted, and punished as if the same were not repealed; and no forfeiture heretofore incurred by a violation of any of the acts aforesaid shall be affected by such repeal. SEC. 13. And be it further enacted, That nothing in the foregoing act shall be construed to prevent the prosecution or punishment of treason, or any piracy defined by the laws of the United States. APPENDIX No. III. MEMORANDUM BY MR. ABBOTT. THE FOREIGN-ENLISTMENT ACT. (59 Geo. III, c. 69, July 3, 1819.) The foreign enlistment acts of Great Britain and the United States, the circumstances under which they were passed, as well as the principles of neutrality involved in them, are so similar that a consideration of the British must necessarily be prefaced by an account of the history of the American act.1 THE UNITED STATES FOREIGN-ENLISTMENT ACT. When, after the execution of Louis the XVIth, the French National Convention declared war, on the 1st of February, 1793, against England and Holland, one of their first acts was to appoint a representative to proceed to the United States to solicit the support of the sister republic, and to reclaim the privileges to which they considered France to be entitled under the two treaties of the 6th of February, 1778.2 The first of those treaties was a treaty of friendship and commerce, and contained the following articles: "ARTICLE XVII. Les vaisseaux de guerre de sa majesté très-chrétienne et ceux des États-Unis, de même que ceux que leurs sujets auront armés en guerre, Martens; Recueil pourront, en toute liberté, conduire où bon leur semblera les prises qu'ils des Traites, tom. 1, auront faites sur les ennemis, sans être obligés à aucuns droits, soit des P. 145. srs. amiraux ou de l'amirauté ou d'aucuns autres, sans qu'aussi les dits vaisseaux, ou les dites prises, entrant dans les havres on ports de sa majesté très-chrétienne, ou des Etats-Unis puissent être arrêtés ou saisis, ni que les officiers des lieux puissent prendre connaissance de la validité des dites prises, lesquelles pourront sortir et être conduites franchement et en toute liberté aux lieux portés par les commissions dont les capitaines des dits vaisseaux seront obligés de faire apparoir; et au contraire ne sera donné asyle ni retraite dans leurs ports ou havres à ceux qui auront fait des prises sur les sujets de sa majesté ou des États-Unis, et s'ils sont forcés d'y entrer par tempête ou péril de la mer, on les fera sortir le plutôt qu'il sera possible." “ARTICLE XXII. Il ne sera permis à aucun corsaire étranger, non appartenant à quelque sujet de sa majesté très-chrétienne, ou à un citoyen des dits Etats-Unis, [18] lequel aura une commission de la part *d'un prince, ou d'une puissance en guerre avec l'une des deux nations, d'armer leurs vaisseaux dans les ports d'une des deux parties, ni d'y vendre les prises qu'il aura faites, ni de décharger en autre manière quelconque les vaisseaux, marchandises, ou aucune partie de leur cargaison. Il ne sera même pas permis d'acheter d'autres vivres que ceux qui lui seront nécessaires pour se rendre dans le port le plus voisin du prince ou de l'état dont il tient commission." The other treaty, styled "Traité d'alliance evantuelle et défensive," provided (Article XI) for the mutual guarantee of the French and United States possessions in North America, "le tout comme la possession sera fixée et assurée aux dits états, au moment de la cessation de la guerre qu'ils ont actuellement contre l'Angletérre ;" and Article XII: "À l'effet de fixer plus précisement le sens et l'application de l'article précédent, les parties contractantes déclarent que, dans le cas d'une rupture entre la France et l'Angleterre, la garantie réciproque, stipulée dans le dit article, sortira son plein et entier effet, dès le moment qu'une telle guerre viendra à éclater. Et si une telle rupture n'a pas lieu, les obligations mutuelles des dites guaranties ne commenceront pas avant le moment que la cessation de la présente guerre entre les Etats-Unis et l'Angleterre aura fixé ces possessions d'une manière certaine." The national convention assumed that under these stipulations they might claim the exclusive right to arm and commission privateers within American ports, to bring into them their prizes, to cause the prizes thus brought in to be condemned by French consuls and sold, and even to capture enemy's vessels within the limits of the maritime jurisdiction of the United States. At least such were the pretensions of their envoy, Monsieur, or, as he styles himself, Citizen, Genet, a Girondist of the most exaggerated type, whose avowed object was to excite the people of the United States to a war with Great Britain. On the other hand, Washington, then entering on his second term of office as President, was determined to preserve the neutrality of his country, and Tucker's History immediately on receiving intelligence of the outbreak of war hastened of the United States, from Mount Vernon to Philadelphia, and summoned his cabinet to Ed. 1856, vol. i, pages consider 1. Whether a proclamation of neutrality should be issued. 504 to 517. 2. Whether a minister should be received from the party then in power in France. 3. Whether the United States were bound by the guarantee in the treaty of 1778. The cabinet differed on the second and third points, but were unanimous in the favor of the issue of a proclamation. On referring to the history of the United States for this period, it will be seen that the President was placed in a position which made it very difficult for him to carry out the policy of neutrality which he had decided upon. The sympathies of the people of the United States were warmly engaged on behalf of France. The hostility against England generated during the war of Tucker's History Independence was kept alive and fostered by the excesses committed by of the United States, the frontier Indians, who, it was alleged, were encouraged by the British authorities; disputes had been raised as to the interpretation of the ton. Fifteenth Congress, sess. 1, chap. 8, April 20, 1818. 2 Signed by Benjamin Franklin. Washing treaty of 1783; American seamen were pressed for the British navy; the English government were said to exercise the right of search at sea, and to interfere with American merchant-vessels in an arbitrary and unfriendly manner. Besides the difficulties arising from these and other similar complaints against the British government, which rendered any measure which might be supposed to be favorable to England in the highest degree unpopular, the cabinet of the President was divided into factions headed respectively by Thomas Jefferson, Secretary for Foreign Affairs, and Alexander Hamilton, Secretary of the Treasury. The former, who had served from 1782 to 1789 as minister at Paris, was at the head of the party who advocated the rights of separate government in the several states. He was a republican of extreme views, and favored the French cause. The latter, the leader of the Federal or centralization party, was inclined toward the constitutional system of England, with which country he consequently in some degree sympathized. It is necessary to take some notice of these obstacles to the President's policy of neutrality, as explaining the subsequent proceedings of the United States Government. The nation at large and two of the cabinet, Jefferson and the Attorney-General, Edmund Randolph, were for affording assistance to France in the first instance, and even for engaging eventually in the war. Washington, with Hamilton and Henry Knox, the Secretary for War, advocated a strict neutrality, and were supported in their views by the Federalist party. Washington's strength of character overcame the opposition of the French party, and he succeeded in commencing and maintaining that policy of non-intervention in European affairs which has since been consistently followed by his country up to the present time. American State Pa The proclamation of neutrality was issued on the 22d of April, 1793, pers, vol. i, page 140. and was as follows: Whereas it appears that a state of war exists between Austria, Prussia, Sardinia, Great Britain, and the United Netherlands, on the one part, and France on the other part; and the duty and interest of the United States require that they should with sincerity and good faith adopt and pursue a conduct friendly and impartial towards the belligerent powers: I have therefore thought fit by these presents to declare the disposition of the United States to observe the conduct aforesaid toward those powers respectively, and to exhort and warn the citizens of the United States carefully to avoid all acts and proceedings whatsoever which may in any manner tend to contravene such disposition. And I do hereby also make known, that whosoever of the citizens of the United States shall render himself liable to punishment or forfeiture under the law of nations, by committing, aiding, or abetting hostilities against any of the said powers, or by carrying to any of them those articles which are deemed contraband by the modern usage of nations, will not receive the protection of the United States against such punishment or forfeiture; and further, that I have given instructions to those officers to whom it belongs to cause prosecutions to be instituted against all persons who shall, within the cognizance of the courts of the United States, violate the law of nations with respect to the powers at war, or any of them. (Signed) Philadelphia, April 22, 1793. (Signed) Mr. Jefferson to WASHINGTON. TH. JEFFERSON. In the meanwhile, M. Genet had sailed from France provided with blank commissions or letters of marque for distribution in the ports of the United Mr. Morris, United States. He arrived at Charleston on the 8th of April; but the intelliStates minister at gence of his landing was not received by the United States Government at Philadelphia until the day on which the proclamation was issued. He at once organized a system of privateering, and within a week commissioned four vessels, the Republican, the Sans Culotte, the Anti-George, and the Citizen Genet. He also authorized the French consuls in the United States to Paris, August 16, 1793. American State Pa pers, vol. 1, page 167. 509. hold courts of vice-admiralty on any vessels their cruisers might capTucker, vol. i, page ture, to condemn them and sell the prizes. Instead of proceeding by sea to Philadelphia, M. Genet made a triumphant progress by land, haranguing the people, instituting "bonnet-rouge" clubs, and endeavoring to excite the citizens of the towns through which he passed to afford active aid to the French republic, in spite of the President's declaration of nentrality. Mr. Hammond lost no time in remonstrating against these proceedings, and on the 8th of May addressed the following note to Mr. Jefferson: [19] MS. Inclosure in *"The undersigned, Her Britannic Majesty's minister plenipotentiary to the United States of America, has the honor of informing the Secretary of State Mr. Hammond's dis that he has received intelligence from His Majesty's consul at Charleston, South Carolina, that two privateers have been fitted out from that port under French commissions. They carry six small guns, and are navigated by forty or fifty men, who are for the most part citizens of the United States. patch to Lord Greenville, May 17, 1793, |