a belligerent may cut off by cruising the seas and by blockading his enemy's ports. But, to protect himself against vessels sailing out of a neutral port to commit hostilities, it would be necessary for him to hover off the ports of the neutral; and, to do that effectually, he must maintain a kind of blockade of the neutral coast, which, as neutrals will not permit, they ought not to give occasion for. No cases have arisen as to the combination of materials which, separated, cannot do acts of hostility, but, united, constitute a hostile instrumentality; for the intent covers all cases, and furnishes the test. It must be immaterial where the combination is to take place, whether here or elsewhere, if the acts done in our territory-whether acts of building, fitting, arming, or of procuring materials for these acts-be done as part of a plan by which a vessel is to be sent out with intent that she shall be employed to cruise. As to penalties and remedies, parties guilty are liable to fine and imprisonment, and the vessel, her apparel and furniture, and all materials procured for the purpose of equipping, are forfeit. In cases of suspicion, revenue officers may detain vessels, and parties may be required to give security against hostile employment; and the President is allowed to use the Army and Navy or militia, as well as civil force, to seize vessels, or to compel offending vessels, not subject to seizure, to depart from our ports. What vessels shall be required to depart is left to the judgment of the Executive. If a prize, captured by a vessel which has been fitted out in violation of the laws, is within our control, the courts will restore her to the owners on their application; and it is not necessary that the proceedings should be instituted by the Government. If the prize is in the hands of the original wrong-doer, it will be restored, notwithstanding a condemnation otherwise valid; and a condemnation de. creed after seizure for restitution will be disregarded. If a prize so captured has become the property of the belligerent nation, and been taken into its public service as a vessel of war, it will not be seized for restitution. It has not been decided what will remove the taint of an illegal outfit, so as to exempt a vessel's prizes from restitution, but it has been decided that a non-belligerent voyage to a belligerent port, and a completion and commissioning there, with subsequent cruising, do not of themselves necessarily constitute a separate enterprise, so as to remove the taint. A privateer, being private property, is liable to be seized and sold by civil process, in municipal tribunals, for violation of municipal laws, like any other private property. Her commission, being a mere permission to make captures, which she may exercise or not at her option, does not put her into the class of vessels in the service of a sovereign state. But the government giving her the commission is responsible for her captures made under it jure belli, and has the exclusive right to adjudicate upon their validity, as in case of captures made by a public ship. If we inquire into such captures, it is only for the purpose of redressing violation of our own sovereign rights. In such case we make no distinction between those made by privateers and those made by public vessels, and we simply undo the illegal act by releasing the prize. We do not undertake to secure compensation to the belligerent for an illegal capture in the way of damages, for we do not inquire into the validity, jure belli, of the capture as between the parties. That would be not vindicating our own sovereign authority, but adjudicating on prize. The restitution is irrespective of the validity of the capture jure belli, and for another reason. But vessels of war in the public service are considered as belonging to the class of public sovereign instru mentalities, and are exempt from seizure by judicial tribunals. Our Government will not undertake to seize and proceed against such a vessel, by a judicial process in our courts, for a violation of our laws committed before she became a public ship of war. If such a vessel is proceeded against, either in the way of arrest, or dismissal from port, or refusal of a right to enter, or compelling her disarmament, it must be a political act of the Government, on its international responsibility, and not as a judicial remedy for a breach of municipal law. It is not remembered that any instance has occurred where the United States has felt bound or entitled to resort to such measures against a public ship. The truth is, such a case would usually be settled by diplomatic arrangement between the Government and the minister of the nation to which the ship belonged, without the necessity of overt acts against the ship. The case of the Cassius came near presenting this question to our Government, but, as we have seen, resulted otherwise. In some cases of judicial proceedings arising out of the South American war, commissions as ships of war were set up; but no vessel was adjudged forfeit where the court was satisfied that it was bona fide a public vessel, owned and commissioned by an acknowledged nationality. THE PREVENTION IN THE PORTS OF THE UNITED STATES OF VESSELS ALLEGED TO BE FITTING OUT TO CRUISE AGAINST THE COMMERCE OF FRANCE. Mr. de Geofroy to Mr. Seward. [Translation.] LEGATION OF FRANCE TO THE UNITED STATES, New York, November 12, 1864. SIR: It would appear, agreeably to the information which has reached the government of the Emperor from various quarters, that Ex-President Juarez has not abandoned the project of issuing letters of marque against our commerce, and that there are being constructed in the ports of the United States, especially at New Orleans and at San Francisco, vessels destined to cruise for his account. I bring this fact to the knowledge of your excellency, not supposing, however, that the Federal Government, had it learned it from another source, would not have immediately taken measures to prevent the departure of these vessels, which is announced as very near at hand. If, however, the good faith of the authorities of the United States being overreached, these vessels should take the sea, I must inform you that the government of His Majesty could not, in any case, recognize in them the character of privateer. Mr. Juarez cannot hereafter be seriously considered a chief of a government. The supreme authority in Mexico has no longer at this time, and for those who are the least impartial, any other real representative than the sovereign called by events to the head of that country. Mr. Juarez, whatever may have been his former position, has, therefore, to-day, neither the title nor the character to issue letters of marque. Those with which he should attempt to supply American or other vessels, being henceforth without value, would expose these vessels and their crews to be treated purely and simply as pirates. In instructing me to make this declaration to your excellency, the government of His Majesty has, nevertheless, no other intention than that of enabling that of the United States to give this notice again, in due season, to those of its citizens who may have entertained or who are ready to entertain propositions of Juarez or those of his agents. Accept, sir, the assurances of my high consideration, L. DE GEOFROY. ΟΥ. Hon. WILLIAM H. SEWARD, &c., &c., &c. Mr. Seward to Mr. de Geofroy. DEPARTMENT OF STATE, Washington, November 18, 1864. SIR: I have the honor to acknowledge the receipt of your note of the 12th instant, by which I am informed that the imperial government of France has learned from various quarters that the President of the United States of Mexico (by you described as ex-president) has not abandoned the project of issuing letters of marque against French commerce, and that there are being constructed in the ports of the United States, especially at New Orleans and at San Francisco, vessels designed to cruise for his account. In reply, I am at liberty to inform you that this Government has no knowledge of the design which is thus ascribed to the President of Mexico, nor has it any information that any such vessels are building, as it is supposed, in either of the two ports you have specially desig nated, or in any other port of the United States. The vigilance of public officers is such as to inspire a confident belief that the information which the Emperor's government has received is erroneous. Nevertheless, for greater security of the present neutrality of the United States, that information will be specially submitted to the proper agents in New Orleans and San Francisco, with renewed injunctions for the discovery and prevention of the arming or fitting out of vessels of war to depredate on French commerce. Similar proceedings will be adopted in relation to other ports upon my receiving any information of unlawful designs or enterprises afoot therein. It seems unnecessary to discuss the question you have raised, whether the President of Mexico has a right, by the law of nations, to grant letters of marque, inasmuch as this Government peremptorily exacts perfect neutrality from citizens of the United States in the Mexican war. Accept, sir, a renewed assurance of my high consideration. Mr. L. DE GEOFROY, &c., &c., &c. WILLIAM H. SEWARD. Mr. Seward to Mr. Stanton. DEPARTMENT OF STATE, Washington, November 25, 1864. SIR: I have the honor to inclose a translation of a note of the 12th instant, from Mr. L. de Geofroy, in regard to the alleged construction, in the ports of the United States, especially at New Orleans and at San Francisco, of vessels intended to serve as privateers, under letters of marque from President Juarez, of Mexico. I will thank you to cause inquiry to be made as to the correctness of these representations, and in any event to enjoin renewed vigilance on the part of the proper officers, subject to your orders, with a view to the discovery and prevention of the arming and fitting out of vessels of war intended to be used in depredations on French commerce. I have the honor to be, sir, your obedient servant, Hon. E. M. STANTON, Secretary of War. [Same to Secretary of the Treasury. Same to Attorney General.] WILLIAM H. SEWARD. Mr. Seward to Mr. de Geofroy. DEPARTMENT OF STATE, Washington, December 9, 1864. SIR: Referring to your note of the 12th ultimo, in regard to alleged construction in certain ports of the United States of vessels which are to be used as privateers, under letters of marque from President Juarez, of Mexico, I have the honor to inclose, in reply, a copy of a communication of the 26th ultimo, from the War Department, from which it will be seen that all needful precautions within the control of that department have been taken to prevent the arming or fitting out of vessels to depredate on French commerce. Accept, sir, the renewed assurances of my high consideration. Mr. L. DE GEOFROY, &c., &c., &c. WILLIAM H. SEWARD. Mr. Dana to Mr. Seward. WAR DEPARTMENT, Washington City, November 26, 1864. SIR: The Secretary of War directs me to acknowledge the receipt of your communication of the 25th instant, inclosing a copy in translation of a note from Mr. de Geofroy, in regard to the alleged construction, in the ports of the United States, of vessels intended to serve as privateers under letters of marque from President Juarez, of Mexico; and to inform you that copies of your letter and its inclosure have been referred to Major General Canby, commanding the Military Division of the West, Mississippi, and to Major General McDowell, commanding the Department of the Pacific, with directions to take all necessary precautions to prevent the arming or fitting out of vessels of war intended to be used in depredations on French commerce. I have the honor to be, sir, your obedient servant, C. A. DANA, Assistant Secretary of War. Mr. Fessenden to Mr. Seward. TREASURY DEPARTMENT, Washington, December 1, 1864. SIR: I have the honor to acknowledge your letter of the 25th instant, inclosing a translation of a note of the 12th instant from M. de Geofroy, in regard to the alleged construction in the ports of the United States, especially at New Orleans and San Francisco, of vessels intended to serve as privateers under letters of marque from President Juarez, of Mexico. Renewed vigilance has been enjoined upon the collectors of customs at the two ports referred to, and they have been instructed to investi |