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belligerents as a soldier, or as a marine, or seaman on board of any vessel of war, letter of marque, or privateer.

3. Hiring or retaining another person to enlist, or enter himself in the service of either of the said belligerents as a soldier or as a marine, or seaman on board of any vessel of war, letter of marque, or privateer.

4. Hiring another person to go beyond the limits or jurisdic tion of the United States, with intent to be enlisted as aforesaid.

5. Hiring another person to go beyond the limits of the United States with the intent to be entered into service as aforesaid.

6. Retaining another person to go beyond the limits of the United States with intent to be enlisted as aforesaid.

7. Retaining another person to go beyond the limits of the United States with the intent to be entered into service as aforesaid. (But the said act is not to be construed to extend to a citizen or subject of either belligerent who, being transiently within the United States, shall, on board of any vessel of war, which at the time of its arrival within the United States, was filled and equipped as such vessel of war, enlist or enter himself or hire or retain another subject or citizen of the same belligerent who is transiently within the United States to enlist or enter himself to serve such belligerent on board such vessel of war, if the United States shall then be at peace with such belligerent.)

8. Fitting out and arming, or attempt to fit out and arm, or procuring to be fitted out and armed, or knowingly being 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 either of the said belligerents.

9. Issuing or delivering 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.

10. Increasing or augmenting, or procuring to be increased or augmented, or knowingly being 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, cruiser or armed vessel in the service of either of the said belligerents, or belonging to the subjects or citizens of either, by adding to the number of guns of such vessels, or by

changing those on board of her for gans of a larger caliber, or by the addition thereto of any equipment solely applicable to

war.

11. Begining or setting on foot, or providing, or preparing the means for any military expedition or enterprise to be carried on from the territory or jurisdiction of the United States against the territories or dominions of either of the said belligerents.

And I do further declare and proclaim that by the nineteenth article of the treaty of amity and commerce which was concluded between his Majesty the King of Prussia and the United States of America, on the 11th day of July A. D. 1799, which article was revived by the treaty of Mai I, A. D. 1828, between the same parties, and is still in force, it was agreed that « the vessels of war, public and private, of both parties, shall carry freely, where soever they please, the vessels and effects taken from their enemies, without being obliged to pay any duties, charges or fees to officers of admiralty, of the customs, or any others, nor shall such prizes be arrested, searched or put under any legal process, when they come to and enter the ports of the other party, but may freely be carried out again at any time by their captors to the place expressed in their commissions which the commanding officer of such vessel shall be obliged to show.

And I do further declare and proclaim that it has been officially communicated to the government of the United States by the envoy extraordinary and minister plenipotentiary of the North German Confederation, at Washington, that private property on the high seas will be exempted from seizure by the ships of His Majesty the King of Prussia, without regard to reciprocity.

And I do further declare and proclaim that it has been officially communicated to the government of the United States by the envoy extraordinary and minister plenipotentiary of his Majesty the emperor of the French, at Washington, that orders have been given that, in the conduct of the war, the commanders of the French forces on land and on the seas shall scrupulously observe toward neutral powers the rules of international law, and that they shall strictly adhere to the principles set forth in the declaration of the Congress of Paris of the 16th of April, 1856, that is to say: 1st. That privatering is and remains abolis

hed. 2, That the neutral flag covers enemy's goods with the exception of contraband of war. 34, That neutral goods, with the exception of contraband of war, are not liable to capture under the enemy's flag. 4, That blockades, in order to be binding, must be effective, that is to say, maintained by a force sufficient really to prevent access to the coast of the enemy; and that, although the United States have not adhered to the declaration of 1836, the vessels of His Majesty will not seize enemy's property found on board of a vessel of the United States, provided that property is not contraband of war.

And I do further declare and proclaim that the statutes of the United States and the law of nations alike require that no person within the territory and jurisdiction of the United States shall take part, directly or indirectly, in the said war, but shall remain at peace with each of the said belligerants and shall maintain a strict and impartial neutrality, and that whatever privileges shall be accorded to one belligerent within the ports of the United States, shall be in like manner accorded to the other.

And I do hereby enjoin all the good citizens of the United States, and all persons residing, or being within the territory or juris diction of the United States, to observe the laws thereof, and to commit no act contrary to the provisions of the said statutes, or in violation of the law of nations in that behalf.

And I do hereby warn all citizens of the United States, and all persons residing or being within their territory or jurisdiction, that, while the free and full expression of sympathies in public and private is not restricted by the laws of the United States, military forces in aid of either belligerent cannot lawfully be originated or organized within their jurisdiction; and that while all persons may lawfully and without restriction, by reason of the aforesaid state of war, manufacture and sell within the United States arms and munitions of war, and other articles ordinarily known as « contraband of war », yet they cannot carry such articles upon the high seas for the use or service of either belli gerent, nor can they transport soldiers and officers of either, or attempt to break any blockade which may be lawfully established and maintained during the war, without incurring the risk of hostile capture, and the penalties denounced by the law of nations in that behalf.

And I do hereby give notice that all citizens of the United States, and others who may claim the protection of this Government, who may misconduct themselves in the premises, will do so at their peril, and that they can, in no wise, obtain any protection from the Government of the United States against the consequences of their misconduct.

In witness whereof I have hereunto set my hand and caused the seal of the United States to be affixed.

Done at the city of Washington, this twenty second day of August, in the year of our Lord one thousand eight hundred and seventy, and of the independence of the United States of America the ninety-fifth.

[Seal]

By the President :

Hamilton Fish

Secretary of State.

U. S. Grant.

b) Proclamation du président, concernant la conduite des navires de guerre des puissances belligérantes dans les eaux territoriales des États-Unis, du 8 octobre 1870.

Whereas on the 224 day of August, 1870, my proclamation was issued, enjoining neutrality in the present war between France and the North German Confederation and its allies, and declaring, so far as then seemed to be necessary, the respective rights and obligations of the belligerent parties and of the citizens of the United States; and whereas subsequent information gives reason to apprehend that armed cruisers of the belligerents may be tempted to abuse the hospitality accorded to them in the poris, harbours, roadsteads, and other waters of the United States, by making such waters subservient to the purpose of

war :

Now, therefore, I, Ulysses S. Grant, President of the United States of America, do hereby proclaim and declare that any frequenting and use of the waters within the territorial jurisdiction of the United States by the armed vessels of either belligerent, whether public ships or privateers, for the purpose of preparing for hostile

e as ports of Aservation upon the ships of war or sets te merchant vessels of the other belligerent lying vila je bong as to enter the jurisdiction of the United NATES HIS N regarded as ciendly and offensive, and in 1 of that restray which it is the determination of this Kamerament to observe; and to the end that the hazard and inPilten Lare. És apprehended pratices may be avoided, I furtive percam and declare that, from and .fter the 19th day of TEUNPIŠITT, and a ring the continnance of the present hosti

between France and the North German Confederation and ma Lles, 20 80 g of war or privateer of either belligerent shall the use of any port, harbour, roadstead, or

the jurisdiction of the United States as a of res me for any warlike purpose, or for the

purpose of staining any fan tics of warlike equipment; and no priateer of either belligerent shall be permitted 11. sal, but of or leave any port, harbour, or roadstead, or waters $11,et to the parisdiction of the United States from which a vesse, of the other belligerent whether the same shall be a ship of war, a privateer, or a merchant ship), shall have previously departed, until after the expiration of at least twenty four hours from the departure of such lastmentioned vessel beyond the Jumsdiction of the United States. If any ship of war or privateer of either belligerent shall, after the time this notification takes effect, enter any port, harbour, roastead, or waters of the United States, such vessel shall be required to depart ant to put to sea within twenty four hours after her entrance into such port, harbour, roadstead or waters, except in case of stress of weather or of her requiring provisions or things necessary for the subsistence of her crew, or for repairs; in either of which cases the authorities of the port or of the nearest port (as the case may be) shall require her to put to sea as soon as possible after the expiration of such period of twenty four hours, without permitting her to take in supplies beyond what may be necessary for her immediate use; and no such vessel, which may have been permitted to remain within the waters of the United States for the purpose of repair, shall continue within such port, harbour, roadstead, or waters for a longer period than twenty-four hours after her necessary repairs shall have been completed, unless within such

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