It is lawful for a neutral ship to carry contraband goods, but the right is always exercised subject to capture. Ordinarily the neutral ship is not subject to confisca tion and will be released In the prize court, unless she belongs to the owner of the con traband, or her owner is privy to the car riage of the contraband goods, or uses false papers; Risley, Law of War 232; 1 Kent When two states are at war, it has be come the practice of modern times for other states to issue a proclamation of neutrality to protect their commercial interests and territory.
The subjects of a neutral power residing in a belligerent territory are not entitled to any special protection for their property or to exemption from military contributions to which they may be liable in common with the inhabitants of the place in which they reside or in which their property may be situated; 2 Halleck, Int. L., Baker's ed.
By Convention of the Great Powers, 1887 and 1888, the Suez Canal is neutralized, and is to remain open in war or peace, to ves sels of commerce and war of all nations. See id. 149. In 1815, the Rhine was neu tralized, as between the States of the Rhine, to a certain extent. In 1829, entrance into the Black Sea was admitted to belong to Russia and to powers at amity with Russia. By the treaty of Paris the Black Sea was neutralized, but this was largely abrogated in 1871. By the Clayton-Bulwer treaty, 1850, Great Britain and the United States agreed that any canal built between the Atlantic and Pacific oceans should be for ever neutral. The principle is again assert ed in the Hay-Pauncefote treaty, 1901, enter ed into in contemplation of the canal about to be constructed by the United States.
The neutrality acts of the United States, which regulate the conduct of its citizens and of aliens while. within its jurisdiction, constitute Title LXVII. of the Revised Stat utes. Their origin and scope are as follows: President Washington, in his annual mes sage to Congress, December 3, 1793, said : "The original arming and equipping of ves sels in the ports of the United States by any of the belligerent parties for military serv ices, offensive or defensive, is deemed un lawful." The act of 1794, which has been generally recognized as the first instance of municipal legislation in support of the ob ligations of neutrality, and a remarkable advance in the development of international law, was passed in accordance with this recommendation. The acts of 1817 and 1818
were successively passed and carried for ward into R. S. Title LXVII., which forbids citizens from accepting a commission from a foreign prince against a foreign prince with whom we are at peace; enlisting, or hiring or retaining another to enlist, in the army or navy of such foreign prince; fitting out or arming a vessel in the service of a foreign prince to commit hostilities against a foreign prince, etc. (the vessel to be for feited—one half to the informer) ; increas ing the force of any vessel of war of such foreign prince by adding any equipment sole ly applicable to war; preparing any military expedition in the United States to be carried on thence against any foreign prince with whom we are at peace.
Sec. 5288 provides that the president may employ the land and naval forces of the United States and militia in compelling any foreign vessel to depart the United States in all cases in which by the laws of nations or the treaties of, the United States she ought not to remain therein. Sec. 5289 pro vides that the owners or consignees of every armed vessel sailing out of our ports be longing wholly or in part to citizens there of shall before clearing give bond in double the value of the vessel and cargo, condition ed that she shall not commit any hostilities against any foreign prince, etc., with whom we are at peace. Sec. 5290 provides that the United States shall detain any vessel mani festly built for warlike purposes and about to depart the United States, the cargo of which consists principally of munitions of war, when the number of men on board or other circumstances render it probable that it is intended to commit hostilities against any such foreign prince, etc., until the de cision of the president is had thereon or the owner gives bond and securities as required in cases under § 5289. Sec. 5291 provides that this title shall not extend to subjects of any foreign prince, etc., transiently within the United States, who enlist on a vessel of war or privateer which at the time of its arrival here was equipped as such, or who employ other citizens of same foreign prince, etc., to enlist on board such vessel of war, etc., if the United States shall then be at peace with such foreign prince, etc. Offences under these sections are made high misdemeanors. These sections are now part of the Crim. Code, ch. 2.