The act does not prohibit armed vessels belonging to citizens from sailing out of our ports, but only requires their owners to give security ; U. S. v. Quincy, 6 Pet. (U. S.) 445, 8 L. Ed. 458.
The word "people," as used in § 5283, covers any insurgent or insurrectionary body conducting hostilities, although its belliger ency has not been recognized; The Three Friends, 166 U. S. 1, 17 Sup. Ct. 495, 41 L. Ed. 897.
Where a vessel is chartered by a foreign government to carry a cargo of arms to that government, she is not liable to seizure ; The Carondelet, 37 Fed. 799. It is not the intent of § 5286 to interfere with the com mercial activities of citizens of the United States, but to prevent complications between this government and foreign powers, and fitting out military expeditions against friendly nations; U. S. v. Murphy, 84 Fed. 609, per Bradford, J.
The offence covered by the act consists of an act done in the United States, with I the intent to commit an offence against the act; the intent is a necessary ingredient; The Conserve, 38 Fed. 431 ; and it must be formed and exist within the United States; The City of Mexico, 24 Fed. 33. The of fence is complete when the expedition is or ganized; U. S. v. Ybanez, 53 Fed. 536; and although it is formed and detached in sepa rate parts; U. S. v. The Mary N. Hogan, 18 Fed. 529.
No particular number of men is necessary to constitute a military expedition under the act; its character may be determined by the designation of the officers, the organiza tion of the men in regiments or companies, and the purchase of military stores; U. S. v. Ybanez, 53 Fed. 536. Where insurgents car rying on war against a foreign country sent a vessel to procure arms in the United States, the purchase of such arms and plac ing them on board the vessel was held not within § 5286, though they were intended to be used by the insurgents in carrying on war against a foreign country, if they were not designed to constitute any part of the fur nishings of the vessel herself ; U. S. v. Trum bull, 48 Fed. 99. Placing munitions of war on a vessel, with intent to carry them to in surgents in a foreign country, but without intent that they shall constitute any part of the furnishings of the vessel, is not within the act; The Itata, 49 Fed. 646. One who provides the means for transporting a mili tary expedition on any part of its journey, with knowledge of its ultimate destination and unlawful character, commits an offence under § 5286; Hart v. U. S., 84 Fed. 799, 28 C. C. A. 612. Sec. 5283 is not applicable to such a case; 13 Op. Att. Gen. 177.
A proceeding under § 5283 is a simple suit in admiralty, where the decree is that the libel be dismissed, or the vessel con demned; and no decree of restitution is necessary; The Conserve, 38 Fed. 431.
The above sections of R. S. were re-enacted in the Criminal Code, March 4, 1909, in ef fect January 1, 1910.
The British Foreign Enlistment Act of 1819 forbade British subjects to enlist or to induce others to enlist, or to leave or to in duce others to leave the king's dominions in order to enlist; and forbade ship-owners to take aboard their ships persons illegally enlisted. It is a substantial copy of the
American act of 1818; The Three Friends, 166 U. S. 60, 17 Sup. Ct. 495, 41 L. Ed. 897. In 1870 a new British act was passed, with a view to preventing the evasions of the law which gave rise to the complaints of the United States that Confederate cruisers had been fitted out in the ports of Great Brit ain.
At the Second Hague Peace Conference, 1907, two conventions dealing with neutral ity were adopted, one respecting the rights and duties of neutral powers and persons in war on land, and the other respecting the rights and duties of neutral powers in mari time war. The former asserts the principle that the territory of neutral powers is in violable, and prohibits belligerents from moving troops or convoys across the terri tory of a neutral power. It also forbids the erection of wireless telegraph stations up on neutral territory and reaffirms the principle in R. S. § 5282 (see Cr. Code), forbidding recruiting upon neutral territory in the interest of a belligerent. It relieves neutral powers of responsibility for the fact that persons cross the frontier singly to en ter the service of one of the belligerents, and of the duty of preventing the export from their territories of arms and munitions of war. Further provisions regulate the use of neutral telegraph and telephone systems.
The Convention Respecting the Rights and Duties of Neutral Powers in Maritime War, besides codifying existing custom, enacts the following rules : When belligerent have been captured in neutral waters, the neutral power must employ the means in its power to release the ship if it be still within its jurisdiction; if the ship has been removed, the captor gov ernment must, on demand of the neutral power, release the vessel and its crew. In adhering to the convention the United States insisted that it was the duty of neutrals to make the said demand.
Art. 8 reaffirms the first rule of the Treaty of Washington (18715 making it the duty of the neutral government to prevent the fitting out or arming, or the departure from its ports, of any vessel which it has reason to believe is intended to cruise or engage in hostile operations against one of the belliger ents.
Art. 12 restricts to a period of twenty-four hours the asylum which may be given to belligerent war vessels in neutral ports.
Art. 16 regulates the departure of war ves sels of the opposing belligerents from neutral ports.
Arts. 17-20 regulate the repairs which may be carried out, and the amount of pro visions and fuel which may be taken on, in neutral ports.
Arts. 21-24 regulate the duties of neutral powers with regard to prizes brought by a belligerent into their ports.
See Fenwick's Neutrality Laws of the U. S.
See APPROACH; ASYLUM; BELLIGERENCY ; BLOCKADE; CAPTURE; BELLI; CONFISCATION; CONTRABAND; DECLARATION OF PARIS ; FREE SHIPS ; INSURGENCY; INTER NATIONAL LAW ; INTERVENTION; NEUTRAL PROPERTY; PRE-EMPTION; PRIZE; PRIZE COURT; RANSOM BILLS; RECAPTURE; RULE OF WAR OF 1756; SEARCH; SHIPS OF WAR; VISIT; WAR.