Benjamin Moran to William H. Seward, June 3, 1868

Mr. Moran to Mr. Seward

Sir: Several of the London newspapers of last Monday contained the substance of the report of the royal commissioners appointed in January, 1867, to inquire into the character and working of what is known here as the foreign enlistment act; and yesterday the report itself, and its accompanying papers appeared in the form, of a blue book. I have the honor to transmit four copies herewith, as well as copies of several of the most influential London journals, with remarks upon the amendments proposed by the commissioners. That some of these will be adopted by Parliament when the act comes up for alteration is tolerably certain. Mr. Yernon Harcourt, as you will perceive, dissents from certain of the recommendations of his fellow commissioners and gives his reasons in a rather lengthy paper.

The memorandum by Mr. Abbott of the foreign office on the neutrality laws of the United States goes somewhat into detail, but I have not yet had time to give it a careful examination or to form an opinion of its merits.

I have the honor to be, sir, your obedient servant,

Report of the neutrality laws commissioners, together with an appendix containing reports from foreign states and other documents.

CONTENTS.

Commission.

Report.

Reasons given by Mr. Vernon Harcourt for dissenting from certain portions of the report.

Appendix:

I. British foreign enlistment act.

II. United States foreign enlistment act.

III Historical memorandum, by Mr. Abbott.

IV Reports from foreign States.

Proclamations, &c. issued by several foreign States on breaking out of the civil war in America.

V. British proclamations of neutrality.

VI Regulations and instructions published by her Majesty’s government during the civil war in America.

VII Memorial from Liverpool shipowners suggesting an alteration in the foreign enlistment act.

Report.

To the Queen’s most excellent Majesty:

We, your Majesty’s commissioners, appointed “to inquire into and consider the character, working, and effect of the laws of this realm available for the enforcement of neutrality during the existence of hostilities between other states with whom your Majesty is at peace, and to inquire and report whether any and what changes ought to be made in such laws for the purpose of giving to them increased efficiency and bringing them into full conformity with your Majesty’s international obligations,” have now to state to your Majesty that we have held twenty-four meetings, and having inquired into and considered the subject so referred to us, have agreed to the following report:

The statute now available for the enforcement of neutrality during the existence of hostilities between states with whom your Majesty is at peace is the 59 Geo. III, c. 69, commonly called the “foreign enlistment act.” The title of that act is “An Act to prevent the enlisting or engagement of his Majesty’s subjects to serve in foreign service, and the fitting out or equipping in his Majesty’s dominions vessels for warlike purposes without his Majesty’s license.” And the preamble runs thus: “Whereas the enlistment or engagement of his Majesty’s subjects to serve in war in foreign service without his Majesty’s license, and the fitting out and equipping and arming of vessels by his Majesty’s subjects without his Majesty’s license for warlike operations in or against the dominions or territories of any foreign prince, state, potentate, or persons exercising or assuming to exercise the powers of government in or over any foreign country, colony, province, or part of any province, or against the ships, goods, or merchandise of any foreign prince, state, potentate, or persons as aforesaid, or other subjects, maybe prejudicial to and tend to endanger the peace and welfare of this kingdom; and whereas the laws in force are not sufficiently effectual for preventing the same.”

This, then, being the statute directly available in this country for the enforcement of neutrality, our duty has been to inquire and report whether it is susceptible of any and what amendments, and we are of opinion that it might be made more efficient by the enactment of provisions founded upon the following resolutions:

I. That it is expedient to amend the foreign enlistment act by adding to its provisions a prohibition against the preparing or fitting out in any part of her Majesty dominions of any naval or military expedition to proceed from thence against the territory or dominions of any foreign state with whom her Majesty shall not then beat war.

II. That the first paragraph of section seven of the foreign enlistment act should be amended to the following effect:

If any person shall within the limits’ of her Majesty’s dominions—

(a) Fit out, arm, dispatch, or cause to be dispatched, any ship with intent or knowledge that the same shall or will be employed in the military or naval service of any foreign power in any war then being waged by such power against the subjects or property of any foreign belligerent power with whom her Majesty shall not then be at war;

(b.) Or shall within her Majesty’s dominions build or equip any ship with the intent that the same shall, after being fitted out and armed either within or beyond her Majesty’s dominions, be employed as aforesaid;

(c.) Or shall commence or attempt to do, or shall aid in doing, any of the acts aforesaid, every person so offending shall be deemed guilty of a misdemeanor.

III. That in order to enable the executive government more effectually to restrain and prevent attempted offenses against section 7 of the foreign enlistment act, additional provisions to the following effect should be inserted in the statute:

(a.) That if a secretary of state shall be satisfied that there is a reasonable and probable cause for believing that a ship which is within the limits of her Majesty’s dominions has been or is being built, equipped, fitted out, or armed contrary to the enactment, and is about to be taken beyond the limits, or that the ship is about to be dispatched contrary to the enactment, such secretary of state shall have power to issue a warrant stating that there is such a reasonable and probable cause for believing as above aforesaid, and upon such warrant the commissioners of customs or any other person or persons named in the warrant shall have power to arrest and search such ship, and to detain the same until it shall be either condemned or released by process of law, or in manner hereinafter mentioned.

(b.) That the power hereinbefore given to a secretary of state may, in parts of her Majesty’s dominions beyond the seas, be exercised by the governor or other person having chief authority.

(c.) That power be given to the owner of the ship or his agent to apply to the court of admiralty of the place where the ship is detained, or, it there be no such court there, to the nearest court of admiralty for its release.

(d.) That the court shall put the matter of such detention in course of trial between the applicant and the Crown, with usual admiralty appeal to the privy council.

(e.) That if the owner shall establish to the satisfaction of the court that the ship was not and is not being built, equipped, fitted out, or armed, or intended to be dispatched, contrary to the enactment, the ship shall be released and restored.

(f.) That if the owner shall fail to establish to the satisfaction of the court that the ship was not, and is not being, built, equipped, fitted out, or armed, or intended to be dispatched, contrary to the enactment, then the ship shall be detained till released, by order of the secretary of state; nevertheless the court may, if it shall think fit, order its release, provided the owner shall give security to the satisfaction of the court that the ship shall not be employed contrary to the enactment, and provided that no proceedings are pending for its condemnation.

(g.) That if the court shall be of opinion that there was not reasonable and probable cause for the detention, and if no such cause shall appear in the course of the proceedings, the court shall have power to declare that the owner ought to be indemnified by the payment of costs and damages, which in that case shall be payable out of any moneys legally applicable by the commissioners of the treasury for that purpose.

(h.) That any warrant of the secretary of state shall be laid before Parliament.

(i.) That the proceedings herein provided shall not affect the power of the Crown to proceed if it thinks fit to condemnation of the ship.

(k.) That the following exceptions be made from this resolution:

Any foreign commissioned ship.

Any foreign non-commissioned ship dispatched from this country after having come within it under stress of weather or in the course of a peaceful voyage, and upon which ship no fitting out or equipping of a warlike character shall have taken place in this country.

IV. That it is expedient to make the act of hiring, engaging, or procuring any person within her Majesty’s dominions to go on board any ship, or to embark from any part of her Majesty’s dominions, by means of false representations as to the service in which such persons are intended to be employed, with intent on the part of the person so hiring, engaging, or procuring as aforesaid, that the persons so hired, engaged, or procured as aforesaid shall be employed in any land or sea service prohibited by section 2 of the foreign enlistment act, a misdemeanor, punishable like other misdemeanors under the same section.

V. That the forms of pleading in informations and indictments under the foreign enlistment act should be simplified.

VI. That if, during the continuance of any war in which her Majesty shall be neutral, any prize not being entitled to recognition as a commissioned ship of war shall be brought within the jurisdiction of the Crown by any person acting on behalf of or under the authority of any belligerent government, which prize shall have been captured by any vessel fitted out during the same war for the service of such government, whether as a public or a private vessel of war, in violation of the laws for the protection of the neutrality of this realm, or if any such prize shall be brought within the jurisdiction as aforesaid by any subject of the Crown, or of such belligerent government, having come into possession of such prize with notice of the unlawful fitting out of the capturing vessel, such prize should upon due proof in the admiralty courts at the suit of the original owner of such prize or his agent, or of any person authorized in that behalf by the government of the state to which such owner belongs, be restored.

VII. That in time of war no vessel employed in the military or naval service of any belligerent which shall have been built, equipped, fitted out, armed, or dispatched contrary to the enactment, should be admitted into any port of her Majesty’s dominions.

In making the foregoing recommendations we have not felt ourselves bound to consider whether we were exceeding what could actually be required by international law, but we are of opinion that if those recommendations should be adopted, the municipal law of this realm available for the enforcement of neutrality will derive increased efficiency, and will, so far as we can see, have been brought into full conformity with your Majesty’s international obligations.

We have thought it better to present our recommendations in the form of general resolutions laying down the principles on which legislation should be framed rather than to attempt to draw up in detail the precise form of the statute.

We have subjoined, in an appendix to this report, certain papers relating to the laws of foreign countries on this subject, which have been communicated to us by your Majesty’s secretary of state for foreign affairs, together with a short historical memorandum prepared by Mr. Abbott for our information, and some other documents illustrative of the subject.

All which we submit to your Majesty’s gracious consideration.

CRANWORTH. [l. s.]

HOUGHTON. [l. s.]

CAIRNS. [l. s.]

W. ERLE. [l. s.]

G. W. W. BRAMWELL. [l. s.]

R. J. PHILLIMORE. [l. s.]

ROUNDELL PALMER. [l. s.]

T. TWISS. [l. s.]

W. VERNON HARCOURT. [l. s.]

T. BARING. [l. s.]

W. H. GREGORY. [l. s.]

W. E. FORSTER. [l. s.]

Dr. Lushington did not sign the report, as he was, from indisposition, unable to attend the meetings after June, 1867.

Reasons given by Mr. Vernon Harcourt for dissenting from certain portions of the report.

Though the undersigned has signed the report, he wishes it to be understood that he has only signed it subject to the following observations:

In the main part of the recommendations of the report I entirely concur, more especially in those which have for their object to increase the efficiency of the power of the executive government to restrain attempted violations of the neutrality of the country.

The portions of the report with respect to the policy of which I entertain considerable doubt are those parts of resolution II., § b, and resolution III., § a, the first of which extends the punitive power of the law, and the second the preventive authority of the executive, to the building of ships, apart from the question of their arming or dispatch from the realm.

My apprehension is lest such an extension of the law should unnecessarily—and if unnecessarily then unwisely—interfere with the shipbuilding trade of the country. It is needless to enlarge on the capital importance of that trade. As a commercial question it is one of the greatest consequence. It is perhaps, the trade in which alone Great Britain still retains an unrivaled superiority. Everything which tends unnecessarily to hamper or embarrass it must be regarded with suspicion and adopted with caution. It is not of course argued that the interests of a trade, however valuable, should not yield to considerations of imperial necessity, and of international obligation, if there be such an obligation, But this particular branch of trade has a special national value which belongs to hardly any other. Upon it depend in no small degree those naval resources which constitute the main defense of the realm. I believe it is the fact that at the present moment by far the greater proportion of the existing ironclad navy of Great Britain has been constructed in the yards of private shipbuilders. These private yards have been created and are maintained at no expense to the nation by the custom of foreign states. Most of the powers of Europe rely for their naval construction on the private yards of English shipbuilders. In this respect, therefore, apart from the commercial question, the nature of this trade involves public consequences of the utmost political importance. The monopoly of the construction of the iron-clad navies of the world has become a new and gigantic arm of our maritime superiority. England has become, and is daily still more becoming, the naval dockyard of Europe. One effect of discouraging this trade must be either that foreign powers will construct for themselves, or else that some other nation whose restrictions are less rigid and whose trade is more free shall construct for them. Either alternative will deprive Great Britain of a great and special national advantage, which she now enjoys owing to her manufacturing skill and her peculiar resources in coal and iron. If England should unhappily be engaged in an European war, we should lose the incalculable benefit of the control we now possess over the naval reserves of Europe. All these reservoirs of naval construction which the demands of foreign governments at present support in this country, can now in case of need be diverted from the foreign supply and be made immediately available for our own defense. If this trade is discouraged and possibly destroyed, the consequences are obvious. Foreign governments must build for themselves the vessels we now build for them. They will, therefore, be independent of this country in a manner which they now are not. Or they will build elsewhere, and the country to which they resort will then acquire the advantage we shall lose. This will be the first result. But the indirect effect on our own resources will be equally serious. At present, in time of peace, we are able to limit ourselves to comparatively moderate, though still enormously expensive, public establishments, because we know that in time of war the private yards will supplement our resources to an almost unlimited extent. But, if this private trade should cease or be seriously diminished, we must keep up constantly in time of peace such establishments as will be adequate to our utmost wants in time of war. The whole reserve of constructing power which we now possess in the private yards must be supplied by the public establishments. And consequently all that expenditure in plant, machinery, and the maintenance of skilled workmen, which is now defrayed by the custom of the foreigner in the private yards, must in future be permanently sustained out of the public taxation. Few people conversant with the subject will dispute that if the yards which now manufacture iron-clads for the world were abolished, the navy estimates must be largely increased in order to establish and keep on foot equal means of construction in the public dock-yards. We have a dozen private yards in the country which could in a limited time turn out vessels as powerful as any in the English navy, and which have in fact constructed many of the best ships we possess. Relying on this reserve of producing power we are able to economize our resources and to diminish our stock. But if these establishments cease we must always be prepared to supply their place at a far greater cost to the country. It is also deserving of consideration that the competition of these private yards among one another and with the government dock-yards, keeps up probably a higher standard of excellence than could be obtained by mere official supervision.

It will, therefore, be seen that the question is by no means one of the interest of private ship-builders, but does in fact involve a great question of national resource and public economy.

It is worthy of remark that when in the year 1817 the Congress of the Unite d States were called upon to alter and amend their foreign enlistment act, the bill as reported by the Committee on Foreign Affairs in the House of Representatives bore the following title:

“A bill to prevent citizens of the United States from selling vessels of war to the citizens or subjects of any foreign power, and more effectually to prevent the arming and equipping vessels of war in the ports of the United States, intended to be used against nations in amity with the United States.”

By the first section, “if any citizen of the United States * * * shall fit out and arm * * * any private ship or vessel of war, to sell the said vessel or contract for the sale of said vessel, to be delivered in the United States or elsewhere to the purchaser, with intent * * * to cruise or commit hostilities upon the subjects * * * of any prince or state with whom the United States are at peace, such person shall be punished” with fine and imprisonment, &c.

This bill was much discussed in the Senate, and in the end the first section above quoted was struck out, and the title of the statute altered accordingly. (These facts are stated on authority of a letter of Mr. Bemis of Boston, published in 1866.) The legislature of the United States have thus, it will be seen, deliberately declined to interfere with the commerce of that country in vessels of war. It may be worthy of consideration, having regard to these facts, whether the result of the proposed interference with the ship-building trade of England may not be to transfer to America the whole of the custom of foreign states.

But it will be argued that if the equipping, arming, and despatching of such vessels is to be prohibited, it is necessary on the principle obsta principiis to extend the prohibition to the earlier stages of the transaction. That reasoning does not carry conviction to my mind; the arming, equipping, and despatching are conspicuous acts directly and obviously connected with the belligerent intent. To build is nothing unless the vessel be armed and dispatched; it is in these acts that the real breach of neutrality consists. The law should lay its hand on the immediate offense, and not be astute to search out its remote sources and springs. To attempt to do so involves consequences which will be politically difficult and dangerous.

The great advantage of the summary and extensive preventive powers which the present report recommends should be conferred on the executive to stay the dispatch of vessels which may compromise our neutrality, is that they supply a reason which might justify us in mitigating the strictness of the penal code rather than an argument for augmenting its rigor. The notorious indisposition of juries to enforce such penalties creates a mischief which should be avoided. We may sustain the great inconvenience of making laws which we shall find it practically impossible to execute, because they exceed in severity the standard of public opinion. The present report recommends the creation of an absolute, and I conceive a sufficient power to stop all vessels which ought to be stopped. The case of the Birkenhead rams, stopped by Earl Russell, is an instance of the exercise of the sort of power which it is the object of these recommendations to make more effectual and easy. As soon as reasonable grounds of suspicion arise, the power will be put in force. But assuming the vessel to be stopped, if there remains behind a statute which makes the original building penal, how are we to justify not proceeding to prosecute the builders after the vessel is stopped? If such a prosecution is not instituted the law is brought into contempt; if it is instituted the law will probably break down—results in either case to be greatly deprecated. When juries are called upon to inflict on their own countrymen, on behalf of foreigners, severe penalties for acts which are not punished but are held lawful in all other countries, is it not more than probable that popular sentiment will correct tha severity of the law?

It must be remembered that in adding the word “building” to the penal part of the act we are distinctly creating a new crime. We are making our own subjects liable to criminal penalties for acts which are clearly lawful by the law of nations, which are lawful by the law and practice of all nations, and which have hitherto been lawful by the law and practice of our own people. We shall have not only to enact a new crime which does not exist, but to create an opinion and conscience of criminality which it is more difficult to inspire.

The authors of the English foreign enlistment act distinctly declined to carry back the offense to a period of the transaction which in no way partook of an offensive character and had no obvious or necessary connection with an attitude of war. The American government equally, after mature consideration, refused to adopt the alteration now proposed. They did so, upon principles of policy, by departing from which we may involve ourselves in inextricable difficulties, and probably not command on the part of other nations any corresponding reciprocity. It may be urged that whilst it is proposed to confer these extended powers, a large discretion is left to the government to determine how far they shall be put in operation. But as a fact, this discretion will be more nominal than real, and with the view of precluding international complaints, it will be absolutely null. Whatever power is conferred, in effect creates an obligation on the part of the government to put it in force, and a responsibility on the part of the nation if any neglect to enforce it should occur. If the government are authorized to interfere by prosecution and seizure at all stages of the building, then, at the first suggestion of any belligerent power they will be compelled, almost without discretion, to interfere, because, should they decline to do so, their responsibility and that of the nation will be involved, even by an error of judgment, in a case where the obligation is admitted. Thus we shall be made liable for acts for which at present no nation would hold us responsible. The reason why it has been considered inexpedient and impossible to enforce a prohibition of the exportation of munitions of war from the neutral territory is because to do so would involve a system of repression and espionage on the part of the neutral government which would be wholly intolerable to the trade of its subjects. If the thing is forbidden it is the duty of the neutral government to see that the prohibition is in fact enforced. But in order to enforce it we must establish on every occasion of war in foreign countries a sort of belligerent excise in the bosom of our own people. And this is precisely the evil in which we shall involve ourselves by undertaking to prohibit “building” with an unlawful intent. If we create and assume this duty we are bound to execute it, and in order to execute it we must ascertain at our own peril the intent and the future destination of every keel laid in the United Kingdom and even in out most distant possessions. If this is done honestly and efficiently it will place the whole ship-building trade under a supervision of a most odious and oppressive description, which would hardly be endured even for the security of our own interests, and certainly will not be tolerated for the advantage of foreign states.

There are those who reconcile themselves to such a course by supposing that in fact this new crime would never practically be prosecuted in its early stage. If so, then to what purpose is it created? But in fact if it is made a crime the neutral government must proceed against it in its earliest inception at the risk of being held responsible for what may happen in its further progress. There is an immense difference in this respect between the offense of arming and fitting out, which, especially in modern warfare, is a fact sufficiently obvious and patent, and may be easily detected in time to prevent the dispatch of the vessel. But if all building with a certain intent is to be constituted a crime which it is part of the duty of the government to repress, then there is not a keel laid, a bolt driven, or plank sawn in any yard in the country which may not at every instant be exposing the nation to a responsibility hitherto unknown.

The objections which forcibly strike me are these:

(1.) We shall create a new duty which it will be difficult and probably impossible to execute.

(2.) In creating such a duty we shall incur a new responsibility by its non-execution.

(3.) The attempt to execute it will be odious to our own subjects, and the failure to execute it will be a just ground of complaint to foreign states.

(4.) We shall be placing the trade of our own country at an uncalled for disadvantage as compared with that of the rest of the world.

Either the creation of this new offense will or will not tend to embarrass and injure the ship-building trade of the country. If it will not, as some believe, it would be satisfactory that this should be clearly established. I confess if I were satisfied of this, my objections to the course proposed would be in a great measure removed. But if, as I believe, the necessity of a perpetual official supervision and interference would greatly hamper, and probably ultimately destroy, this branch of our commerce, that again is a point on which I think the nation has a right to expect that we should afford them the means of forming a sound judgment. It may be that for adequate objects we should be willing to sacrifice such a trade. But it is well that we should estimate the amount of the sacrifice, being as it is wholly gratuitous and without example in the case of other nations. I regret that the commission have not taken evidence to show how far the proposed prohibition would in fact affect this particular trade and the general naval resources of the country. I venture to think that before any legislation on this matter is attempted, such an inquiry should be instituted. If the preventive powers of detention recommended in the report are (as I believe) sufficient for all practical purposes and the performance of all legitimate duties, every argument of policy would dissuade us from carrying the any any further.

I entirely share the desire to make abundant provision that the duties of neutrality should be honestly, fully, and effectually carried out. But in creating new duties, which do not at present exist, either in principle, precedent, or practice, it is worth while to consider whether by exaggerating the obligations of neutrality we are not creating a discouragement to its practice. We may end by making the duties of neutrality so irksome and intolerable, that on a mere calculation of expediency a prudent government would prefer to go to war. And thus we may defeat the end we have in view by the means we adopt to attain it.

There is one condition of things for which it seems especially necessary to make provision. A contract may be made by a foreign government for the building in this country of an iron-clad in time of peace and without any contemplation of present war. Such vessels require many months for completion and their cost is enormous. The foreign government may have paid several hundred thousand pounds by instalments during the construction of the vessel, and the property in the incomplete vessel will have passed to the foreign government. What is to be done to such a vessel in case the contracting government is involved subsequently in war? Is the vessel to be forfeited and the builder to be prosecuted because he proceeds with a contract which was perfectly lawful when it was made? If so, what chance is there for the future that any foreign government will ever build in England, or indeed that any English builder will venture to undertake their contracts? This singular state of things might easily arise. The recent war between Austria and Prussia lasted less than two months; a vessel might have been contracted for by one of those governments with an English shipbuilder; the vessel might have been half finished before the war, and wholly completed after the war. In respect of the work done before the war and after the war, i. e. for the beginning and ending of the ship, the ship-builder would be innocent; but in respect of the work done during the few weeks of the war, i. e. for the middle of the ship, he would be guilty of a misdemeanor and subject to fine and imprisonment. This may seem an extreme illustration, but it shows the necessity of providing some protection for contracts bonâ fide made and commenced in time of peace, unless it is intended wholly to prohibit the trade.

There is one other matter which I should gladly have seen embodied in the recommendations of the report. A strong feeling has recently grown up against the recognition of belligerent commissions granted to vessels on the high seas, by which such vessels become at once raised to the position of lawful belligerent cruisers, though they start from no belligerent port, and, in fact, derive no support from the natural and legitimate naval resources of those on whose behalf they wage war. It seems to me that for all reasons it is wise to discourage such a practice. As there is no rule of international law which forbids such delivering of commissions on the high seas, we cannot of course refuse to recognize the title of such a cruiser to all the legitimate rights of war in places beyond our jurisdiction. But we are masters of our own actions and our own hospitality within the realm. Though, therefore, we cannot dispute the validity of such a commission on the high seas, or the legality of captures made by such a vessel, we may refuse to admit into our ports any vessel which has not received its commission in a port of its own country. By so doing we should be acting strictly within the principles of the law of nations, and our example would very probably be followed by other maritime states, and thus in the end tend to repress the practice altogether. For this purpose I should have been very glad if the commission had thought fit to recommend that in time of war no armed vessel engaged in hostilities should be admitted into any of our ports which should not hold a commission delivered to it in some port of military or naval equipment actually in the occupation of the government by which she is commissioned.

Appendix No. I.

BRITISH FOREIGN ENLISTMENT ACT.

(59 George III, Cap. 69, July 3, 1819.)

Cap. LXIX.—An act to prevent the enlisting or engagement of his Majesty’s subjects to serve in foreign service, and the fitting out or equipping, in his Majesty’s dominions, vessels for warlike purposes, without his Majesty’s license.

Whereas the enlistment or engagement of his Majesty’s subjects to serve in war in foreign service, without his Majesty’s license, and the fitting out and equipping and arming of vessels by his Majesty’s subjects, without his Majesty’s license, for warlike operations in or against the dominions or territories of any foreign prince, state, potentate, or persons exercising or assuming to exercise the powers of government in or over any foreign country, colony, province, or part of any province, or against the ships, goods, or merchandise of any foreign prince, state, potentate, or persons as aforesaid, or their subjects, may be prejudicial to and tend to endanger the peace and welfare of this kingdom; and whereas the laws in force are not sufficiently effectual for preventing the same: Be it therefore enacted by the King’s most excellent Majesty, by and with the advice and consent of the lords, spiritual and temporal, and commons, in this present Parliament assembled, and by the authority of the same, that from and after the passing of this act, an act passed in the ninth year of the reign of his late Majesty King George the Second, intituled “An act to prevent the listing his Majesty’s subjects to serve as soldiers without his Majesty’s license;” and also an act passed in the twenty-ninth year of the reign of his said late Majesty King George the Second, intituled “An act to prevent his Majesty’s subjects from serving as officers under the French King, and for better enforcing an act passed in the ninth year of his present Majesty’s reign to prevent the enlisting his Majesty’s subjects to serve as soldiers without his Majesty’s license; and for obliging such of his Majesty’s subjects as shall accept commissions in the Scotch brigade in the service of the States-general of the United Provinces to take the oaths of allegiance and abjuration,” and also an act passed in Ireland in the eleventh year of the reign of his said late Majesty King George the Second, intituled, “An act for the more effectual preventing the enlisting of his Majesty’s subjects to serve as soldiers in foreign service without his Majesty’s license;” and also an act passed in Ireland in the nineteenth year of the reign of his said late Majesty King George the Second, intituled “An act for the more effectual preventing his Majesty’s subjects from entering into foreign service, and for publishing an act of the seventh year of King William the Third, intituled ‘An act to prevent foreign education,’” and all and every the clauses and provisions in the said several acts contained, shall be and the same are hereby repealed.

II. And be it further declared and enacted, that if any natural-born subject of his Majesty, his heirs and successors, without the leave or license of his Majesty, his heirs or successors, for that purpose first had and obtained under the sign-manual of his Majesty, his heirs or successors, or signified by order in council, or by proclamation of his Majesty, his heirs or successors, shall take or accept, or shall agree to take or accept, any military commission, or shall otherwise enter into the military service as a commissioned or noncommissioned officer, or shall enlist or enter himself to enlist, or shall agree to enlist or to enter himself to serve as a soldier, or to be employed or shall serve in any warlike or military operation in the service of or for or under or in aid of any foreign prince, state, potentate, colony, province, or part of any province or people, or of any person or persons exercising or assuming to exercise the powers of government in or over any foreign country, colony, province, or part of any province or people, either as an officer or soldier, or in any other military capacity; or if any natural-born subject of his Majesty shall, without such leave or license as aforesaid, accept, or agree to take or accept, any commission, warrant, or appointment as an officer, or shall enlist or enter himself, or shall agree to enlist or enter himself to serve as a sailor or marine, or to be employed or engaged, or shall serve in and on board any ship or vessel of war, or in and on board of any ship or vessel used or fitted out, or equipped, or intended to be used for any warlike purpose, in the service of or for or under or in aid of any foreign power, prince, state, potentate, colony, province, or part of any province or people, or of any person or persons exercising or assuming to exercise the powers of government in or over any foreign country, colony, province, or part of any province or people; or if any natural-born subject of his Majesty shall, without such leave and license as aforesaid, engage, contract, or agree to go, or shall go to any foreign state, country, colony, province, or part of any province, or to any place beyond the seas, with an intent or in order to enlist or enter himself to serve or with intent to serve in any warlike or military operation whatever, whether by land or by sea, in the service of or for or under or in aid of any foreign prince, state, potentate, colony, province, or part of any province or people, or in the service of or for or under or in aid of any person or persons exercising or assuming to exercise the powers of government in or over any foreign country, colony, province, or part of any province or people, either as an officer or a soldier, or in any other military capacity, or as an officer or sailor, or marine, in any such ship or vessel as aforesaid, although no enlisting money or pay or reward shall have been or shall be in any or either of the cases aforesaid actually paid to or received by him, or by any person to or for his use or benefit; or if any person whatever, within the United Kingdom of Great Britain and Ireland, or in any part of his Majesty’s dominions elsewhere, or in any country, colony, settlement, island, or place belonging to or subject tohis Majesty, shall hire, retain, engage, or procure or shall attempt or endeavor to hire, retain, engage, or procure any person or persons whatever to enlist, or to enter or engage to enlist, or to serve or to be employed in any such service or employment as aforesaid, as an officer, soldier, sailor, or marine, either in land or sea service, for or under and in aid of any foreign prince, state, potentate, colony, province, or part of any province or people, or for or under or in aid of any person or persons exercising or assuming to exercise any powers of government as aforesaid, or to go or to agree to go or embark from any part of his Majesty’s dominions, for the purpose or with intent to be so enlisted, entered, engaged, or employed as aforesaid, whether any enlisting money, pay, or reward shall have been or shall be actually given or received or not; in any or either of such cases every person so offending shall be deemed guilty of a misdemeanor, and upon being convicted thereof, upon any information or indictment, shall be punishable by fine and imprisonment, or either of them, at the discretion of the court before which such offender shall be convicted.

III. Provided always, and be it enacted, that nothing in this act contained shall extend or be construed to extend to render any person or persons liable to any punishment or penalty under this act, who at any time before the first day of August, 1819, within any part 01 the United Kingdom, or of the islands of Jersey, Guernsey, Alderney, or Sark, or at any time before the first day of November, 1819, in any part or place out of the United Kingdom, or of the said islands, shall have taken or accepted, or agreed to take or accept any military commission, or shall have otherwise enlisted into any military service as a commissioned or non-commissioned officer, or shall have enlisted, or entered himself to enlist, or shall have agreed to enlist or to enter himself to serve as a soldier, or shall have served, or having so served, shall, after the said first day of August, 1819, continue to serve in any warlike or military operation, either as an officer or soldier, or in any other military capacity, or shall have accepted, or agreed to take or accept any commission, warrant, or appointment as an officer, or shall have enlisted or entered himself to serve, or shall have served, or having so served, shall continue to serve as a sailor or marine, or shall have been employed or engaged, or shall have served, or having so served, shall, after the said first day of August, continue to serve in and on board of any ship or vessel of war, used or fitted out, or equipped or intended for any warlike purpose; or shall have engaged, or contracted or agreed to go, or shall have gone to, or having so gone to, shall, after the said first day of August, continue in any foreign state, country, colony, province, or part of a province, or to or in any place beyond the seas, unless such person or persons shall embark at or proceed from some port or place within the United Kingdom, or the islands of Jersey, Guernsey, Alderney, or Sark, with intent to serve as an officer, soldier, sailor, or marine, contrary to the provisions of this act, after the said first day of August, or shall embark or proceed from some port or place out of the United Kingdom, or the islands of Jersey, Guernsey, Alderney, or Sark, with such intent as afore said, after the said first day of November, or who shall, before the passing of this act, and within the said United Kingdom, or the said islands, on or before the first day of November, 1819, in any port or place out of the said United Kingdom, or the said islands, have hired, retained, engaged, or procured, or attempted or endeavored to hire, retain, engage, or procure any person or persons whatever to enlist or to enter, or to engage to enlist or to serve, or be employed in any such service or employment as aforesaid as an officer, soldier, sailor, or marine, either in land or sea service, or to go, or agree to go or embark for the purpose or with the intent to be so enlisted, entered, or engaged, or employed contrary to the prohibitions respectively in this act contained, anything in this act contained to the contrary in anywise notwithstanding; but that all and every such person and persons shall be in such state and condition, and no other, and shall be liable to such fines, penalties, forfeitures, and disabilities, and none other, as such person or persons was or were liable and subject to before the passing of this act, and as such person or persons would have been in, and been liable and subject to, in case this act and the said recited acts by this act repealed had not been passed or made.

IV. And be it further enacted, that it shall and may be lawful for any justice of the peace residing at or near to any port or place within the United Kingdom of Great Britain and Ireland, where any offense made punishable by this act as a misdemeanor shall be committed, on information on oath of any such offense, to issue his warrant for the apprehension of the offender, and to cause him to he brought before such justice, or any justice of the peace; and it shall be lawful for the justice of the peace before whom such offender shall be brought, to examine into the nature of the offense upon oath, and to commit such person to jail, there to remain until deliv ered by due course of law, unless such offender shall give bail, to the satisfaction of the said justice, to appear and answer to any information or indictment to be preferred against him, according to law, for the said offense; and that all such offenses which shall be committed within that part of the United Kingdom called England, shall and may be proceeded and tried in his Majesty’s Court of King’s Bench at Westminster, and the venue in such case laid at Westminster, or at the assizes or session of oyer and terminer and jail delivery, or at any quarter or general sessions of the peace in and for the county or place where such offense was committed; and that all such offenses which shall be committed within that part of the United Kingdom called Ireland, shall and may be prosecuted in his Majesty’s Court of King’s Bench at Dublin, and the venue be laid at Dublin, or at any assizes or session of oyer and terminer and jail delivery, or at any quarter or general sessions of the peace in and for the county or place where such offense was committed; and all such offenses as shall be committed in Scotland shall and may be prosecuted in the court of justiciary in Scotland, or any other court competent to try criminal offenses committed within the county, shire, or stewartry within which such offense was committed; and where any offense made punishable by this act as a misdemeanor shall be committed out of the said United Kingdom, it shall be lawful for any justice of the peace residing near to the port or place where such offense shall be committed, on information on oath of any such offense, to issue his warrant for the apprehension of the offender, and to cause him to be brought before such justice, or any other justice of the peace for such place; and it shall be lawful for the justice of the peace before whom such offender shall be brought, to examine into the nature of the offense upon oath, and to commit such person to jail, there to remain till delivered by due course of law, or otherwise to hold such offender to bail to answer for such offense in the superior court, competent to try and having jurisdiction to try criminal offenses committed in such port or place; and all such offenses committed at any place out of the said United Kingdom shall and may be prosecuted and tried in any superior court of his Majesty’s dominions competent to try and having jurisdiction to try criminal offenses committed at the place where such offense shall be committed.

V. And be it further enacted, that in case any ship or vessel, in any port or place within his Majesty’s dominions, shall have on board any such person or persons who shall have been enlisted or entered to serve, or shall have engaged, or agreed, or been procured to enlist, or enter, or serve, or who shall be departing from his Majesty’s dominions for the purpose and with the intent of enlisting or entering to serve, or to be employed, or of serving or being engaged or employed in the service of any foreign prince, state, or potentate, colony, province, or part of any province or people, or of any person or persons exercising or assuming to exercise the powers of government in or over any foreign colony, province, or part of any province or people, either as an officer, soldier, sailor, or marine, contrary to the provisions of this act, it shall be lawful for any of the principal officers of his Majesty’s customs where any such officer of the customs shall be, and in any part of his Majesty’s dominions in which there are no officers of his Majesty’s customs, for any governor, or persons having the chief civil command, upon information on oath given before them respectively, which oath they are hereby respectively authorized and empowered to administer, that such person or persons as aforesaid is or are on board such ship or vessel, to detain and prevent any such shid or vessel, or to cause such ship or vessel to be detained and prevented from proceeding to sea on her voyage with such persons as aforesaid on board: Provided, nevertheless, that no principal officer, governor, or person shall act as aforesaid upon such information upon oath as aforesaid unless the party so informing shall not only have deposed in such information that the person or persons on board such ship or vessel hath or have been enlisted or entered to serve, or hath or have engaged, or agreed, or been procured to enlist, or enter, or serve, or is or are departing as aforesaid for the purpose and with the intent of enlisting, or entering to serve, or to be employed, or of serving, or being engaged or employed in such service as aforesaid, but shall also have set forth in such information, upon oath, the facts or circumstances upon which he forms his knowledge or belief, enabling him to give such information upon oath; and that all and every person and persons convicted of willfully false swearing in any such information upon oath, shall be deemed guilty of and suffer the penalties on persons convicted of willful and corrupt perjury.

VI. And be it further enacted, that if any master, or other person having or taking the charge or command of any ship or vessel, in any part of the United Kingdom of Great Britain and Ireland, or in any part of his Majesty’s dominions beyond the seas, shall knowingly and willingly take on board, or if such master or other person having the command of any such ship or vessel, or any owner or owners of any such ship or vessel, shall knowingly engage to take on board any person or persons who shall have been enlisted or entered to serve, or shall have engaged, or agreed, or been procured to enlist, or enter, or serve, or who shall be departing from his Majesty’s dominions for the purpose and with the intent of enlisting or entering to serve, or to be employed, or of serving, or being engaged or employed in any naval or military service, contrary to the provisions of this act, such master, or owner, or other person as aforesaid shall forfeit and pay the sum of fifty pounds for each and every such person so taken or engaged to be taken on board; and, moreover, every such ship or vessel so having on board, conveying, carrying, or transporting any such person or persons, shall and may be seized and detained by the collector, comptroller, surveyor, or other officer of the customs, until such penalty or penalties shall be satisfied and paid, or until such master or person, or the owner or owners of such ship or vessel, shall give good and sufficient bail, by recognizance before one of his Majesty’s justices of the peace, for the payment of such penalty or penalties.

VII. And be it further enacted, that if any person, within any part of the United Kingdom, or in any part of his Majesty’s dominions beyond the seas, shall, without the leave and license of his Majesty for that purpose first had and obtained as aforesaid, equip, furnish, fit out, or arm, or attempt or endeavor to equip, furnish, fit out, or arm, or procure to be equipped, furnished, fitted out, or armed, or shall knowingly aid, assist, or be concerned in the equipping, furnishing, fitting out, or arming of any ship or vessel with intent or in order that such ship or vessel shall be employed in the service of any foreign prince, state, or potentate, or of any foreign colony, province, or part of any province or people, or of any person or persons exercising or assuming to exercise any powers of government in or over any foreign state, colony, province, or part of any province or people, as a transport or store ship, or with intent to cruise or commit hostilities against any prince, state, or potentate, or against the subjects or citizens of any prince, state, or potentate, or against the persons exercising or assuming to exercise the powers of government in any colony, province, or part of any province or country, or against the inhabitants of any foreign colony, province, or part of any province or country, with whom his Majesty shall not then be at war; or shall, within the United Kingdom, or any of his Majesty’s dominions, or in any, settlement, colony, territory, island, or place belonging or subject to his Majesty, issue or deliver any commission for any ship or vessel, to the intent that such ship or vessel shall be employed as aforesaid, every such person so offending shall be deemed guilty of a misdemeanor, and shall, upon conviction thereof, upon any information or indictment, be punished by fine and imprisonment, or either of them, at the discretion of the court in which such offender shall be convicted; and every such ship or vessel, with the tackle, apparel, and furniture, together with all the materials, arms, ammunition, and stores which may belong to or be on board of any such ship or vessel, shall be forfeited; and it shall be lawful for any officer of his Majesty’s customs or excise, or any officer of his Majesty’s navy, who is by law empowered to make seizures for any forfeiture incurred under any of the laws of customs or excise, or the laws of trade and navigation, to seize such ships and vessels as aforesaid, and in such places and in such manner in which the officers of his Majesty’s customs or excise and the officers of his Majesty’s navy are empowered respectively to make seizures under the laws of customs and excise, or under the laws of trade and navigation; and that every such ship and vessel, with the tackle, apparel, and furniture, together with all the materials, arms, ammunition, and stores which may belong to or be on board of such ship or vessel, may be prosecuted and condemned in the likemanner and in such courts as ships or vessels may be prosecuted and condemned, for any breach of the laws made for the protection of the revenues of customs and excise, or of the laws of trade and navigation.

VIII. And be it further enacted, that if any person in any part of the United Kingdom of Great Britain and Ireland, or in any part of his Majesty’s dominions beyond the seas, without the leave and license of his Majesty for that purpose first had and obtained as aforesaid, shall, by adding to the number of the guns of such vessel, or by changing those on board for other guns, or by the addition of any equipment for war, increase or augment, or procure to be increased or augmented, or shall he knowingly concerned in increasing or augmenting the warlike force of any ship or vessel of war, 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 Westminster, 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 Westminster or Dublin, or in the Court of Exchequer, or in the Court of Session in Scotland, in the name of his Majesty’s attorney general 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, 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 vice-president 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. LXXXVIIL—An act in addition to the “Act for the punishment of certain crimes against the United States,” and to repeal the acts therein mentioned.

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 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 he 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 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, contrary 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 talking 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 on 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. V.

BRITISH PROCLAMATIONS OF NEUTRALITY.

I.—Spain and Spanish America.

A proclamation prohibiting his Majesty’s natural-born subjects from serving or enlisting, or entering themselves to serve, in the military forces or ships of war raised or set forth by the persons exercising or assigning to exercise the powers of government in certain provinces and parts of provinces in Spanish America, or in the military forces of his Catholic Majesty employed in Spanish America, or in his said Majesty’s ships of war, 27th November, 1817.

George, P. R.:

Whereas there unhappily subsists a state of warfare between his Catholic Majesty and divers provinces or parts of provinces in Spanish America; and whereas it has been represented to us that many of our subjects have, without our leave or license, enlisted or entered themselves to serve in the military forces or ships of war raised or set forth by the persons exercising or assuming to exercise the powers of government in such provinces or parts of provinces, and that divers others of our subjects are about, in like manner, to enter and enlist themselves; and whereas such practices are highly prejudicial to, and tend to the peace and welfare of our Crown and dominions; we do therefore hereby, by and with the advice of our privy council, strictly charge and command all and every of our natural-born subjects, of what degree or quality soever, not to serve in any such military forces or ships of war as aforesaid, and not to enlist or enter themselves to serve therein, and not to go beyond the seas, or embark in order to serve, or with intent to enter or enlist themselves to serve, in such military forces or ships o war; and it is at the same time our royal will and pleasure, and we do, by and with the advice aforesaid, hereby also strictly charge and command all and every of our said subjects not to serve or enlist, or enter themselves to serve, in any of the military forces or ships of war raised or set forth, or to be raised or set forth, by his Catholic Majesty, and not to go beyond the seas, or embark in order or to the intent to serve, or enter, or enlist themselves to serve in any such military forces or ships of war; it is, nevertheless, our royal will and pleasure that nothing herein contained shall be deemed or taken to prohibit any of our subjects who are engaged at the time of the date of this our proclamation in serving in the military forces of his Catholic Majesty, with our leave or license from continuing to serve therein, provided that such our said subjects do not serve with the military forces of his Catholic Majesty, when employed in Spanish America; and we do hereby, by and with the advice aforesaid, strictly require all our said subjects duly to conform to our commands herein contained, under pain of our highest displeasure and the utmost forfeitures, penalties, and punishments to which by law they will otherwise be liable.

Given at our court at Brighton, the 27th day of November, 1817, in the 58th year of his Majesty’s reign.

God save the King.

II.

British proclamation for putting in execution the law made to prevent the enlisting or engagement of his Majesty’s subjects in foreign service, and the fitting out or equipping in his Majesty’s dominions vessels for warlike purposes without his Majesty’s license, 6th June, 1823.

George R.:

Whereas hostilities at this time exist between different states and countries in Europe and America, and it is his Majesty’s determination to observe the strictest neutrality with respect to the states and countries engaged in such hostilities; and whereas his Majesty has been informed that attempts have been made to induce his Majesty’s subjects to engage in such hostilities, by entering into the military and naval service of some of the states and countries without his Majesty’s leave or license;

And whereas by an act made and passed in the 50th year of the reign of his late Majesty of blessed memory, intituled “An act to prevent the enlisting or engagement of his Majesty’s subjects to serve in foreign service, and the fitting out or equipping, in his Majesty’s dominions, vessels for warlike purposes, without his Majesty’s license,” It is, amongst other things, enacted “that if any natural-born subject of his Majesty,” &c. (Second clause of the foreign enlistment act.)

And it is further enacted “That it shall and may be lawful for any justice of the peace * * * * according to law for the said offense,’ (1st paragraph of the third clause of the foreign enlistment act.)

And it is further enacted “That in case any ship or vessel,” &c., (5th clause of the foreign enlistment act.)

And it is further enacted “That if any master or person,” &c., (6th clause of the foreign enlistment act.)

And it is further enacted “That if any person in any part of the United Kingdom,” &c, (7th clause of the foreign enlistment act.)

And it is further enacted “That if any person in any part of the United Kingdom,” &c, (8th clause of the foreign enlistment act.)

His Majesty, therefore, being resolved to cause the provisions of the said statute to be effectually put in execution, and being desirous that none of his Majesty’s subjects should unwarily subject themselves to the penalties thereby inflicted, hath thought fit, by and with the advice of his privy council, to issue this his royal proclamation, and doth hereby strictly command that no person or persons whatsoever do presume to commit or attempt any act, matter, or thing whatsoever contrary to the provisions of the said statute, and the tone, intent, and meaning thereof, and that the said provisions of the said statute be punctually observed and kept, upon pain of the several penalties by the said statute inflicted upon offenders against the same, and of his Majesty’s high displeasure.

Given at our court at Carleton House this 6th day of June, 1823, and in the fourth year of our reign.

God save the King.

III.—Greece and Turkey.

(30 September, 1825.)

George R.:

Whereas his Majesty, being at peace with all the powers and states of Europe and America, has repeatedly declared his royal determination to maintain a strict and impartial neutrality in the different contests in which certain of these powers and states are engaged;

And whereas the commission of acts of hostility by individual subjects of his Majesty against any power or state, or against the persons and properties of the subjects of any power or state, which being at peace with his Majesty is at the same time engaged in a contest with respect to which his Majesty has declared his determination to be neutral, is calculated to bring into question the sincerity of his Majesty’s declaration;

And whereas, if his Majesty’s subjects cannot be effectually restrained from such unwarranted commission of acts of hostility, it may be justly apprehended that the governments aggrieved thereby might be unable, on their part, to restrain their subjects from committing acts of violence upon the persons and property of unoffending subjects of his Majesty;

And whereas the Ottoman Porte, a power at peace with his Majesty, is and has been for some years past engaged in a contest with the Greeks, in which contest his Majesty has observed a strict and impartial neutrality;

And whereas great numbers of his Majesty’s loyal subjects reside and carry on a beneficial commerce, and possess establishments, and enjoy privileges within the dominions of the Ottoman Porte, protected by the faith of treaties between his Majesty and that power;

And whereas his Majesty has received recent and undoubted information that attempts are now making to induce certain of his Majesty’s subjects to fit out ships of war and privateers in the ports of his Majesty’s kingdom, and to embark therein, for the purpose of carrying on, under the Greek flag, hostile operations against the Ottoman government, of capturing and destroying Turkish ships and property, and of committing depredations on the coasts of the Turkish dominions;

And whereas such hostile operations would be directly contrary to the provisions of the act passed in the 59th year of the reign of his late Majesty (cap. 63) intituled “An act to prevent the enlisting or engagement of his Majesty’s subjects to serve in foreign service, and the fitting out or equipping, in his Majesty’s dominions, vessels for warlike purposes without his Majesty’s license,” in which it is among other things enacted, “That if any natural-born subject,” &c., (2d clause of the foreign enlistment act.)

And it is further enacted, “That if any person,” &c., (7th clause of the foreign enlistment act.)

His Majesty, therefore, being desirous of preserving to his subjects the blessings of peace which they now happily enjoy, and being resolved to persevere in that system of neutrality which his Majesty has so repeatedly declared his determination to maintain, in order that none of his Majesty’s subjects may unwarily render themselves liable to the penalties imposed by the statute herein mentioned, has thought fit, by and with the advice of his privy council, to issue this his royal proclamation.

And his Majesty does hereby strictly command that no person or persons whatsoever do presume to take part in any of the said contests, or to commit or attempt any act, matter, or thing whatsoever, contrary to the provisions of the said statute, upon pain of the several penalties by the said statute imposed, and of his Majesty’s high dis-pleasure.

And his Majesty, by and with the advice aforesaid, doth hereby enjoin all his Majesty’s subjects strictly to observe, as well towards the Ottoman Porte and the Greeks as towards all other belligerents with whom his Majesty is at peace, the duties of neutrality, and to respect in all and each of them the exercise of those belligerent rights which his Majesty has always claimed to exercise when his Majesty has himself been unhappily engaged in war.

Given at our court at Windsor, the 30th day of September, 1825, and in the sixth year of our reign.

God save the King.

IV.—Austria, France, and Sardinia.

(May 13, 1859.)

By the Queen.—A proclamation.

Victoria R.:

Whereas we are happily at peace with all sovereigns, powers, and states;

And whereas, notwithstanding our utmost exertions to preserve peace between all the sovereign powers and states now at war, hostilities have unhappily commenced between his Imperial Majesty the Emperor of Austria on the one part, and his Majesty the King of Sardinia and his Imperial Majesty the Emperor of the French on the other part;

And whereas a state of war now exists between his Imperial Majesty the Emperor of Austria on the one part, and his Majesty the King of Sardinia and his Imperial Majesty the Emperor of the French on the other part, and between their respective subjects and others inhabiting within their countries, territories, or dominions;

And whereas we are on terms of friendship and amicable intercourse with all and each of these sovereigns, and with their several subjects and others inhabiting within their countries, territories, or dominions;

And whereas great numbers of our loyal subjects reside and carry on commerce, and possess property and establishments, and enjoy various rights and privileges within the dominions of each of the aforesaid sovereigns, protected by the faith of treaties between us and each of the aforesaid sovereigns;

And whereas we, being desirous of preserving to our subjects the blessings of peace, which they now happily enjoy, are firmly purposed and determined to abstain altogether from taking any part, directly or indirectly, in the war now unhappily existing between the said sovereigns, their subjects and territories, and to remain at peace with and to maintain a peaceful and friendly intercourse with all and with each of them, and their respective subjects, and others inhabiting within any of their countries, territories, and dominions, and to maintain a strict and impartial neutrality in the said hostilities and war unhappily existing between them:

We therefore have thought fit, by and with the advice of our privy council, to issue this our royal proclamation.

And we do hereby strictly charge and command all our loving subjects to govern themselves accordingly, and to observe a strict neutrality in and during the aforesaid hostilities and war, and to abstain from violating or contravening either the laws and statutes of the realm in this behalf, or the law of nations in relation thereto, as they will answer to the contrary at their peril.

And whereas in and by a certain statute made and passed in the 59th year of his Majesty King George III, (cap. 69,) entitled “An act to prevent the enlisting or engagement of his Majesty’s subjects to serve in a foreign service, and the fitting out or equipping, in his Majesty’s dominions, vessels for warlike purposes without his Majesty’s license,” it is among other things declared and enacted as follows: “That if any person within any part of the United Kingdom,” &c., (7th clause of the foreign enlistment act.)

And it is in and by the said act further enacted, “That if any person in any part of the United Kingdom,” &c., (8th clause of the foreign enlistment act):

Now, in order that none of our subjects may unwarily render themselves liable to the penalties imposed by the said statute, we do hereby strictly command that no person or persons whatsoever do commit any act, matter, or thing whatsoever contrary to the provisions of the said statute, upon pain of the several penalties by the said statute imposed, and of our high displeasure.

And we do hereby further warn and admonish all our loving subjects, and all persons whatsoever entitled to our protection, to observe towards each and all of the aforesaid sovereigns, their subjects and territories, and towards all belligerents whatsoever with whom we are at peace, the duties of neutrality; and to respect, in all and each of them, the exercise of those belligerent rights which we and our royal predecessors have always claimed to exercise.

And we do hereby further warn all our loving subjects, and all persons whatsoever entitled to our protection, that if any of them shall presume, in contempt of this our royal proclamation, and of our high displeasure, to do any acts in derogation of their duty as subjects of a neutral sovereign, in a war between other sovereigns, or in violation or contravention of the law of nations in that behalf, as more especially by breaking, or endeavoring to break, any blockade lawfully and actually established by or on behalf of any or either of the said sovereigns, by carrying officers, soldiers, dispatches, arms, ammunition, military stores or materials, or any article or articles considered and deemed to be contraband of war, according to the law or modern usages of nations, for the use or service of any or either of the said sovereigns, that all persons so offending, together with their ships and goods, will rightfully incur, and be justly liable to, hostile capture, and to the penalties deuounced by the law of nations in that behalf.

And we do hereby give notice, that all our subjects and persons entitled to our protection who may misconduct themselves in the premises will do so at their peril and of their own wrong; and that they will in no wise obtain any protection from us against such capture or such penalties as aforesaid, but will, on the contrary, incur our high displeasure by such misconduct.

Given at our court at Buckingham Palace this 13th day of May, in the year of our Lord 1859, and in the 22d year of our reign.

God save the Queen.

V.—United States.

(May 13, 1861.)

By the Queen.—A proclamation.

Victoeia R.:

Whereas we are happily at peace with all sovereigns, powers, and states;

And whereas hostilities have unhappily commenced between the government of the United States of America and certain States styling themselves the Confederate States of America;

And whereas we, being at peace with the government of the United States, have declared our royal determination to maintain a strict and impartial neutrality in the contest between the said contending parties:

We therefore have thought fit, by and with the advice of our privy council, to issue this our royal proclamation;

And we do hereby strictly charge and command all our loving subjects to observe a strict neutrality in and during the aforesaid hostilities, and to abstain from violating or contravening either the laws and statutes of the realm in this behalf, or the law of nations in relation thereto, as they will answer to the contrary at their peril;

And whereas in and by a certain statute made and passed in the 59th year of his Majesty King George the III, intituled “An act to prevent the enlisting or engagement of his Majesty’s subjects to serve in a foreign service, and the fitting out or equipping, in his Majesty’s dominions, vessels for warlike purposes, without his Majesty’s license,” it is among other things declared and enacted as follows:

“That if any natural-born subject of his Majesty,” &c., (2d clause of the foreign enlistment act.)

And it is in and by the said act further enacted, “That if any person within any part of the United Kingdom,” &c., (7th clause of the foreign enlistment act.)

And it is in and by the said act further enacted, “That if any person in any part of the United Kingdom,” &c., (8th clause of the foreign enlistment act):

Now, in order that none of our subjects may unwarily render themselves liable to the penalties imposed by the said statute, we do hereby strictly command, that no person or persons whatsoever do commit any act, matter, or thing whatsoever, contrary to the provisions of the said statute, upon pain of the several penalties by the said statute imposed, and of our high displeasure.

And we do hereby further warn all our loving subjects, and all persons whatsoever entitled to our protection, that if any of them shall presume, in contempt of this our royal proclamation, and of our high displeasure, to do any acts in derogation of their duty as subjects of a neutral sovereign in the said contest, or in violation or contravention of the law of nations in that behalf; as for example, and more especially, by entering into the military service of either of the said contending parties as commissioned or non-commissioned officers or soldiers; or by serving as officers, sailors, or marines, on board any ship or vessel of war or transport of or in the service of either of the said contending parties; or by serving as officers, sailors, or marines, on board any privateer bearing letters of marque of or from either of the said contending parties; or by engaging to go or going to any place beyond the seas with intent to enlist or engage in any such service, or by procuring or attempting to procure within her Majesty’s dominions, at home or abroad, others to do so; or by fitting out, arming, or equipping any ship or vessel to be employed as a ship of war, or privateer, or transport, by either of the said contending parties; or by breaking or endeavoring to break any blockade lawfully and actually established by or on behalf of either of the said contending parties; or by carrying officers, soldiers, dispatches, arms, military stores or materials, or any article or articles considered and deemed to be contraband of war, according to the law or modern usage of nations, for the use or service of either of the said contending parties, all persons so offending will incur and be liable to the several penalties and penal consequences by the said statute, or by the law of nations in that behalf imposed or denounced.

And we do hereby declare, that all our subjects and persons entitled to our protection, who may misconduct themselves in the premises, will do so at their peril and of their own wrong, and that they will in nowise obtain any protection from us against any liabilities or penal consequences, but will, on the contrary, incur our high displeasure by such misconduct.

Given at our court at the White Lodge, Richmond Park, this 13th day of May, in the year of our Lord, 1861, and in the 24th year of our reign.

God save the Queen.

VI.—Spain and Chili.

(6th February 1866.)

By the Queen.—A proclamation.

Victoria:

Whereas we are are happily at peace with all sovereigns, powers, and states. And whereas hostilities have unhappily commenced between the government of Spain and the government of the republic of Chili. And whereas we, being at peace with both the said governments, have declared our royal determination to maintain a strict and impartial neutrality in the contest between the said contending parties.

We therefore have thought fit, by and with the advice of our privy council, to issue this our royal proclamation.

And we do hereby strictly charge and command all our loving subjects to observe a strict neutrality in and during the aforesaid hostilities, and to abstain from violating or contravening either the laws and statutes of the realm in this behalf, or the law of nations in relation thereto, as they will answer to the contrary at their peril.

And whereas, in and by a certain statute made and passed in the 59th year of his Majesty King George the III, intitutled “An act to prevent the enlisting or engagement of his Majesty’s subjects to serve in a foreign service, and the fitting out or equipping, in his Majesty’s dominions, vessels for warlike purposes, without his Majesty’s license,” it is, amongst other things, declared and enacted as follows:

“That if any natural-born subject of his Majesty,” &c., (2nd clause of the foreign enlistment act.)

And it is in and by the said act further enacted, “That if any person within any part of the United Kingdom,” &c., (7th clause of the foreign enlistment act.)

And it is in and by the said act further enacted, “That if any person in any part of the United Kingdom,” &c., (8th clause of the foreign enlistment act.)

Now, in order that none of our subjects may unwarily render themselves liable to the penalties imposed by the said statute, we do hereby strictly command that no person or persons whatsoever do commit any act, matter, or thing whatsoever, contrary to the provisions of the said statute, upon pain of the several penalties by the said statute imposed, and of our high displeasure.

And we do hereby further warn all our loving subjects, and all persons whatsoever entitled to our protection, that if any of them shall presume, in contempt of this our royal proclamation, and of our high displeasure, to do any acts in derogation of their duty, as subjects of a neutral sovereign, in said contest, or in violation or contravention of the law of nations in that behalf, as for example and more especially, by entering into the military service of either of the said contending parties as commissioned or non-commissioned officers or soldiers; or by serving as officers, sailors, or marines, on board any ship or vessel of war or transport, of or in the service of either of the said contending parties, or by serving as officers, sailors, or marines, on board any privateers bearing letters of marque of or from either of the said contending parties; or by engaging to go or going to any place beyond the seas with intent to enlist or engage in any such service; or by procuring or attempting to procure, within her Majesty’s dominions, at home or abroad, others to do so; or by fitting out, arming, or equipping any ship or vessel to be employed as a ship of war, or privateer, or transport, by either of the said contending parties; or by breaking or endeavoring to break any blockade lawfully and actually established by or on behalf of either of the said contending parties; or by carrying officers, soldiers, dispatches, arms, military stores, or materials, or any article or articles considered and deemed to be contraband of war, according to the law or modern usage of nations, for the use or service of either of the said contending parties, all persons so offending will incur and be liable to the several penalties and penal consequences by the said statute, or by the law of nations in that behalf imposed or denounced.

And we do hereby declare that all our subjects, and persons entitled to our protection, who may misconduct themselves in the premises, will do so at their peril, and of their own wrong, and that they will in nowise obtain any protection from us against any liabilities or penal consequences, but will, on the contrary, incur our high displeasure by such misconduct.

Given at our court at Osborne House, Isle of Wight, this 3d day of February, in the year of our Lord 1866, and in the 29th year of our reign.

God save the Queen.

VII.—Spain and Peru.

(13th March, 1866.)

The same as the preceding, (Spain and Chili,) mutatis mutandis.

VII.—Austria, Prussia, Italy, Germany.

By the Queen.—A proclamation.

Victoria R.:

Whereas we are happily at peace with all sovereigns, powers, and states;

And whereas, notwithstanding our utmost exertions to preserve peace between all the sovereign powers and states now at war, hostilities have unhappily commenced between his Imperial Majesty the Emperor of Austria, his Majesty the King of Prussia, his Majesty the King of Italy, and the Germanic Confederation;

And whereas a state of war now exists between his Imperial Majesty the Emperor of Austria, his Majesty the King of Prussia, his Majesty the King of Italy, and the Germanic Confederation, and between their respective subjects and others inhabiting within their countries, territories, or dominions;

And whereas we are on terms of friendship and amicable intercourse with all and each of these sovereigns, and with the Germanic Confederation, and with their several subjects and others inhabiting within their countries, territories, or dominions;

And whereas great numbers of our loyal subjects reside and carry on commerce, and possess property and establishments, and enjoy various rights and privileges, within the dominions of each of the aforesaid sovereigns and states, protected by the faith of treaties between us and each of the aforesaid sovereigns and states;

And whereas we, being desirous of preserving to our subjects the blessings of peace, which they now happily enjoy, are firmly purposed and determined to abstain altogether from taking any part, directly or indirectly, in the war now unhappily existing between the said sovereigns and states, their subjects and territories, and to remain at peace with and to maintain a peaceful and friendly intercourse with all and with each of them, and their respective subjects and others inhabiting within any of their countries, territories, and dominions, and to maintain a strict and impartial neutrality in the said hostilities and war unhappily existing between them;

We therefore have thought fit, by and with the advice of our privy council, to issue this our royal proclamation:

And we do hereby strictly charge and command all our loving subjects to govern themselves accordingly, and to observe a strict neutrality in and during the aforesaid hostilities and war, and to abstain from violating or contravening either the laws and statutes of the realm in this behalf, or the law of nations in relation thereto, as they will answer to the contrary at their peril.

And whereas, in and by a certain statute made and passed in the 59th year of his Majesty King George the Third, entitled “An act to prevent the enlisting or engagement of his Majesty’s subjects to serve in a foreign service, and the fitting out or equipping, in his Majesty’s dominions, vessels for warlike purposes, without his Majesty’s license,” it is amongst other things declared and enacted as follows: “That if any person within any part of the United Kingdom,” &c., (7th clause of the foreign enlistment act.)

And it is in and by the said act further enacted, “That if any person in any part of the United Kingdom,” &c., (8th clause of the foreign enlistment act.)

Now, in order that none of our subjects may unwarily render themselves liable to the penalties imposed by the said statute, we do hereby strictly command that no person or persons whatsoever do commit any act, matter, or thing whatsoever contrary to the provisions of the said statute, upon pain of the several penalties by the said statute imposed, and of our high displeasure.

And we do hereby further warn and admonish all our loving subjects, and all persons whatsoever entitled to our protection, to observe towards each and all of the aforesaid sovereigns and states, their subjects and territories, and towards all belligerents whatsoever with whom we are at peace, the duties of neutrality; and to respect in all and each of them the exercise of those belligerent rights which we and our royal predecessors have always claimed to exercise.

And we do hereby further warn all our loving subjects, and all persons whatsoever entitled to our protection, that if any of them shall presume, in contempt of this our royal proclamation and of our high displeasure, to do any acts in derogation of their duty as subjects of a neutral sovereign in a war between other sovereigns and states, or in violation or contravention of the law of nations in that behalf, as more especially by breaking or endeavoring to break any blockade lawfully and actually established by or on behalf of any or either of the said sovereigns and states, by carrying officers, soldiers, dispatches, arms, ammunition, military stores or materials, or any article or articles considered and deemed to be contraband of war according to the law or modern usages of nations, for the use or service of any or either of the said sovereigns and states, that all persons so offending, together with their ships and goods, will rightfully incur and be justly liable to hostile capture, and to the penalties denounced by the law of nations in that behalf.

And we do hereby give notice, that all our subjects and persons entitled to our protection who may misconduct themselves in the premises will do so at their peril and of their own wrong; and that they will in nowise obtain any protection from us against such capture, or such penalties as aforesaid, but will, on the contrary, incur our high displeasure by such misconduct.