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these Islands in, and during, the war between Japan and Russia, we did, in Nr. 16. the name of His Majesty, order and direct as follows:

3. (Folgen die Ziffern (9) bis (11) der Nr. 11);

(2) Whereas in giving the said order We were guided by the principle that belligerent ships of war are admitted into neutral ports in view of exigencies of life at sea and the hospitality which it is customary to extend to vessels of friendly powers;

(3) And whereas this principle does not extend to enable belligerent ships of war to utilize neutral ports directly for the purpose of hostile operations;

(4) We therefore, in the name of His Majesty, order and direct that the above quoted rule No. 3 published by the Proclamation No. 1 of the 12 th February 1904, in as much as it refers to the extent of coal which may be supplied to belligerent ships of war in British Ports during the present war, shall not be understood as having any application (5) in case of a belligerent fleet proceeding either to the seat of war (6) or to any position or positions on the line of route with the object of intercepting neutral ships on suspicion of carrying contraband of war; and that (7) such fleet shall not be permitted to make use in any way of any port, roadstead, or waters subject to the jurisdiction of His Majesty for the purpose of coaling either directly from the shore (8) or from colliers accompanying such fleet, 9) whether vessels of such fleet present themselves to any such port or roadstead or within the said waters at the same time or successively; (10) and 2 nd. that the same practice shall be pursued with reference to single belligerent ships of war proceeding for purpose of belligerent operations as above defined; (11) provided that this is not to be applied to the case of vessels putting in on account of actual distress at sea, in which case the provision of rule No. 3 as published by proclamation No. 1 of the 12th February 1904 shall be applicable.

Vereinigte Staaten.

1854. Neutralitätserklärung vom 28. April 1854.

Nr. 20. (Schreiben des Staatssekretärs.) (1) The undersigned is directed by the President to state to Her Majesty's minister to this government that the United States, while claiming the full enjoyment of their rights as a neutral power, will observe the strictest neutrality towards each and all the belligerents. (2) The laws of this country impose severe restrictions not only upon its own citizens, but upon all persons who may be residents within any of the territories of the United States, against equipping privateers, receiving commissions, or enlisting men therein, for the purpose of taking a part in any foreign war. It is not apprehended that there will be any attempt to violate the laws; but should the just expectation of the President be disappointed, he will not fail in his duty to use all the power with which he is invested to enforce obedience to them. Considerations of interest and the obligations of duty alike give assurance that the citizens of the United States will in no way compromit the neutrality of their country by participating in the contest in which the principal powers of Europe are now unhappily engaged.

Neutralitätsgeseß vom 20. April 1818.

Nr. 21. (Revised Statutes, Title LXVII.) Sec. 5281. (1) Every citizen of the United States who, within the territory or jurisdiction thereof, accepts and exercises a commission to serve a

Nr. 21. 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, shall be deemed guilty of a high misdemeanor, and shall be fined not more than two thousand dollars and imprisoned not more than

three years.

Sec. 5282. (2) Every person who, within the territory or jurisdiction of the United States, enlists or enters himself, or hires or retains 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, shall be deemed guilty of high misdemeanor, and shall be fined not more than one thousand dollars, and imprisoned not more than three years.

Sec. 5283. (3) Every person who, within the limits of the United States, fits out and arms, or attempts to fit out and arm, or procures to be fitted out and armed, or knowingly is concerned in the furnishing, fitting out, or arming, of any vessel with intent that such 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 who issues or delivers a commission within the territory or jurisdiction of the United States, for any vessel to the intent that she may be so employed, shall be deemed guilty of a high misdemeanor, and shall be fined not more than ten thousand dollars, and imprisoned not more than three years. (4) And every such vessel, with her tackle, apparel, and furniture, together with all materials, arms, ammunitions, 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 United States.

Sec. 5284. (5) Every citizen of the United States who, without the limits thereof, fits out and arms, or attempts to fit out and arm, or procures to be fitted out and armed, or knowingly aids or is concerned in furnishing, fitting out, or arming any private vessel of war, or privateer, with intent that such vessel shall be employed to cruise, or commit hostilities, upon the citizens of the United States or their property, or who takes the command of, or enters on board of any such vessel for such intent, or who purchases any interest in any such vessel with a view to share in the profits thereof, shall be deemed guilty of

high misdemeanor and fined not more than ten thousand dollars, and imprisoned not more than ten years. And the trial for such offence, if committed without the limits of the United States, shall be in the district in which the offender shall be apprehended or first brought.

Sec. 5285. (6) Every person who, within the territory or jurisdiction of the United States, increases or augments, or procures to be increased or augmented, or knowingly is 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 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 adding thereto any equipment solely applicable to war, shall be deemed guilty of a high misdemeanor,

and shall be fined not more than one thousand dollars and be imprisoned not Nr. 21. more than one year.

Sec. 5286. (7) Every person who, within the territory or jurisdiction of the United States, begins, or sets on foot, or provides or prepares 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, shall be deemed guilty of a high misdemeanor, and shall be fined not exceeding three thousand dollars, and imprisoned not more than three years.

Sec. 5287. (8) The district court shall take cognizance or all 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. In every case in which a vessel is 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 is increased or augmented, or in which any military expedition or enterprise is begun or set on foot, contrary to the provisions and prohibitions of this Title (R. S., 5281–5291); and in every case of the capture of a 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 is disobeyed or resisted by any person 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, it shall be lawful for the President 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 taking possession of and detaining any such vessel, with her prizes, if any, in order to the execution of the prohibitions and penalties of this Title, and to the restoring of such prizes in the cases in which restoration shall be adjudged; and also for the purpose of preventing the carrying on of 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. 5288. (9) It shall be lawful for the President, 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 vessel to depart the United States in all cases in which, by the laws of nations or the treaties of the United States, she ought not to remain within the United States.

Sec. 5289. (10) The owners or consigners of every armed vessel sailing out of the ports of the United States, belonging wholly or in part to citizens thereof, shall, before clearing out the same, give bond to the United States with sufficient sureties, in double the amount of the value of the vessel and cargo on board including her armament, conditioned that the 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. 5290. (11) The several collectors of the customs shall detain any vessel manifestly built for warlike purposes and about to depart from the United States, the cargo of which principally consists of arms and munitions of war, when the number of men shipped on board, or other circumstances, render it probable that such vessel is intended to be employed by the owners

Nr. 21. to cruise or commit hostilities upon 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, until the decision of the President is had thereon, or until the owner gives such bond and security as is required of the owners of armed vessels by the preceding section.

Sec. 5291. (12) The provisions of this Title (R. S., 5281–5291) shall not be construed to extend to any subject or citizen of any foreign prince, state, colony, district, or people who is transiently within the United States, and enlists or enters himself 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, or hires or retains 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. Nor shall they be construed to prevent the prosecution or punishment of treason, or of any piracy defined by the laws of the United States.

Nr. 22.

Botschaft des Präsidenten vom 31. Dezember 1855.

(1) It is the traditional and settled policy of the United States to maintain impartial neutrality during the wars which from time to time occur among the great Powers of the world. Performing all the duties of neutrality towards the respective belligerent States, we may reasonably expect them not to interfere with our lawful enjoyment of its benefits. Notwithstanding the existence of such hostilities, our citizens retain the individual right to continue all their accustomed pursuits, by land or by sea, at home or abroad, subject only to such restrictions in this relation as the laws of war, the usage of nations, or special treaties may impose; and it is our sovereign right that our territory and jurisdiction shall not be invaded by either of the belligerent parties, for the transit of their armies, the operations of their fleets, the levy of troops for their service, the fitting out of cruisers by or against either, or any other act or incident of war. And these undeniable rights of neutrality, individual and national, the United States will under no circumstances surrender.

(2) In pursuance of this policy, the laws of the United States do not forbid their citizens to sell to either of the belligerent Powers articles contraband of war,

or to take munitions of war or soldiers on board their private ships for transportation; and although, in so doing, the individual citizen exposes his property or person to some of the hazards of war, his acts do not involve any breach of national neutrality, nor of themselves implicate the Government. Thus, during the progress of the present war in Europe our citizens have, without national responsibility therefore, sold gunpowder and arms to all buyers, regardless of the destination of those articles. Our merchantmen have been, and still continue to be, largely employed by Great Britain and by France in transporting troops, provisions, and munitions of war to the principal seat of military operations, and in bringing home the sick and wounded soldiers; but such use of our mercantile marine is not interdicted either by the international or by our municipal law, and therefore does not compromise our neutral relations with Russia.

(3) But our municipal law, in accordance with the law of nations, peremptorily forbids, not only foreigners, but our own citizens, to fit out, within the limits of the United States, a vessel to commit hostilies against any

State with which the United States are at peace, or to increase the force of Nr. & any foreign armed vessel intended for such hostilities against a friendly State.

Whatever concern may have been felt by either of the belligerent Powers lest private armed cruisers or other vessels in the service of one might be fitted out in the ports of this country to depredate on the property of the other, all such fears have proved to be utterly groundless. Our citizens have been withheld from any such act or purpose by good faith, and by respect for the law.

(4) While the laws of the Union are thus peremptory in their prohibition of the equipment or armament of belligerent cruisers in our ports, they provide not less absolutely that no person shall, within the territory or jurisdiction of the United States, enlist, or enter himself, go beyond the limits of jurisdiction of the United States with intent to be enlisted or entered in the service of any foreign State, either as a soldier or as a marine, or seaman on board of any vessel of war, letter of marque, or privateer. And these enactments are also in strict conformity with the law of nations, which declares that no State has the right to raise troops for land or sea service in another State without its consent, and that, whether forbidden by the municipal law or not, the very attempt to do it without such consent is an attack on the national sovereignty.

• or

1870. Neutralitätserklärung vom 22. august 1870.

Nr. 2 (1) Whereas a state of war unhappily exists between France, on the one side, and the North German Confederation and its allies, on the other side; and whereas the United States are on terms of friendship and amity with all the contending powers, and with the persons inhabiting their several dominions; and whereas great numbers of the citizens of the United States reside within the territories or dominions of each of the said belligerents, and carry on commerce, trade, or other business or pursuits therein, protected by the faith of treaties; and whereas great numbers of the subjects or citizens of each of the said belligerents reside within the territory or jurisdiction of the United States, and carry on commerce, trade, or other business or pursuits therein; ' and whereas the laws of the United States (2) without interfering with the free expression of opinion and sympathy, or with the open manufacture or sale of arms or munitions of war, nevertheless impose upon all persons who may be within their territory and jurisdiction the duty of an impartial neutrality during the existence of the contest:

(3) Now therefore I, Ulysses S. Grant, President of the United States, in order to preserve the neutrality of the United States and of their citizens and of persons within their territory and jurisdiction, and to enforce their laws, and in order that all persons, being warned of the general tenor of the laws and treaties of the United States in this behalf, and of the law of nations, may thus be prevented from an unintentional violation of the same, do hereby declare and proclaim that by the act passed on the 20th day of April, A. D. 1818, commonly known as the > neutrality law,« the following acts are forbidden to be done, under severe penalties, within the territory and jurisdiction of the United States, to wit:

(4) 1. Accepting and exercising a commission to serve either of the said belligerents by land or by sea against the other belligerent.

2. Enlisting or entering into the service of either of the said belligerents

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