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Vir. 23. 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 jurisdiction 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 intent to be entered into service as aforesaid. (5) (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 fitted 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. .(6) Fitting out and arming, or attempting 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. (7) 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. (8) 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 guns of larger caliber, or by the addition thereto of any equipment solely applicable to war.
11. (9) Beginning 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.
(10) 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 11 th day of July, A. D. 1799, which article was revived by the treaty of May 1, 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, wheresoever 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 places expressed in their commissions, which the commanding officer of such vessel shall be obliged to show.“
(11) And I do further declare and proclaim that it has been officially Nr. 23. 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.
(12) 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: 1 st. That privateering is and remains abolished. 2d.
That the neutral flag covers enemy's goods, with the exception of contraband of war. 3d. That neutral goods, with the exception of contraband of war, are not liable to capture under the enemy's flag. 4 th. 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 1856, 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.
(13) 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 belligerents, 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 jurisdiction 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.
(14) 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; (15) 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,“ (16) yet they cannot carry such articles upon the high seas for the use or service of either belligerent, 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.
(17) 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.
U. S. GRANT.
Neutralitätsregeln vom 8. Oktober 1870. (1) Whereas on the 22d 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 ports, harbors, roadsteads, and other waters of the United States, by making such waters subservient to the purposes of war:
Now, therefore, I, Ulysses S. Grant, President of the United States of America, do hereby proclaim and declare that (2) 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 operations, or as posts of observation upon the ships of war or privateers or merchant vessels of the other belligerent lying within or being about to enter the jurisdiction of the United States, must be regarded as unfriendly and offensive, and in violation of that neutrality which it is the determination of this Government to observe; (3) and to the end that the hazard and inconvenience of such apprehended practices may be avoided, I further proclaim and declare that, from and after the 12th day of October instant, and during the continuance of the present hostilities between France and the North German Confederation and its allies, no ship of war or privateer of either belligerent shall be permitted to make use of any port, harbor, roadstead, or other waters within the jurisdiction of the United States as a station or place of resort for any warlike purpose, or for the purpose of obtaining any facilities of warlike equipment; (4) and no ship of war or privateer of either belligerent shall be permitted to sail out of or leave any port, harbor or roadstead, or waters subject to the jurisdiction of the United States, from which a vessel 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 jurisdiction of the United States. (5) If any ship of war or privateer of either belligerent shall, after the time this notification takes effect, enter any port, harbor, roadstead, or waters of the United States, such vessel shall be required to depart and to put to sea within twenty-four hours after her entrance into such port, harbor, roadstead or waters, (6) except in case of stress of weather, or of her requiring provisions or things necessary for the subsistence of her crew or for repairs; (7) 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: (8) 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, harbor, roadstead, or waters for a longer period than twenty-four hours after
her necessary repairs shall have been completed, (9) unless within such twenty- Nr. 24. four hours a vessel, whether ship of war, privateer, or merchant ship, of the other belligerent shall have departed therefrom, in which case the time limited for the departure of such ship of war or privateer shall be extended so far as may be necessary to secure an interval of not less than twenty-four hours between such departure and that of any ship of war, privateer, or merchant ship of the other belligerent which may have previously quit the same port, harbor, roadstead, or waters. (10) No ship of war or privateer of either belligerent shall be detained in any port, harbor, roadstead, or waters of the United States more than twenty-four hours, by reason of the successive departures from such port, harbor, roadstead, or waters of more than one vessel of the other belligerent. But if there be several vessels of each or either of the two belligerents in the same port, harbor, roadstead, or waters, the order of their departure therefrom shall be so arranged as to afford the opportunity of leaving alternately to the vessels of the respective belligerents, and to cause the least detention consistent with the objects of this proclamation. (11) No ship of war or privateer of either belligerent shall be permitted, while in any port, harbor, roadstead, or waters within the jurisdiction of the United States, to take in any supplies except provisions and such other things as may be requisite for the subsistence of her crew, (12) and except so much coal only as may be sufficient to carry such vessel, if without sail power, to the nearest European port of her own country; or in case the vessel is rigged to go under sail, and may also be propelled by steam power, then with half the quantity of coal which she would be entitled to receive if dependent upon steam alone; (13) and no coal shall be again supplied to any such ship of war or privateer in the same or any other port, harbor, roadstead, or waters of the United States, without special permission, until after the expiration of three months from the time when such coal may have been last supplied to her within the waters of the United States, (14) unless such ship of war or privateer shall, since last thus supplied, have entered a European port of the government to which she belongs.
In testimony 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 8th day of October, 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.
U. S. GRANT.
Der Neutralitätserlaß vom 11. Februar 1904
Nr. 25. vereinigt mit sinngemäßen Änderungen die Nr. 23 und 24, indem die zweite, von (2) bis - (14) einschließlich, hinter (9) der Nr. 23 eingeschoben ist. Legtere hat außerdem in der Einleitung am Schlusse von (2) den Zusatz: and whereas it is the duty of a neutral government not to permit or suffer the making of its waters subservient to the purposes of war: und ihre Ziffern (10) bis (12) sind ersegt durch folgende Säße:
(10) And I further declare and proclaim that by the first article of the convention as to rights of neutrals at sea, which was concluded between the United States of America and His Majesty the Emperor of all the Russias, on the 22d. day of July, A. D. 1854, the following principles were recognized as permanent and immutable, to wit:
1. (11) That free ships make free goods: that is to say, that the effects or goods belonging to subjects or citizens of a power or state at war are free from capture and confiscation when found on board of neutral vessels, with the exception of articles of contraband of war;
2. (12) That the property of neutrals on board an enemy's vessel is not subject te confiscation, unless the same be contraband of war.
1898. Nr. 30.
Neutralitätserklärung vom 27. April 1898. (1) Le Gouvernement de la République déclare et notifie à qui de droit qu'il a résolu d'observer une stricte neutralité dans la guerre qui vient d'éclater entre l'Espagne et les Etats-Unis.
(2) Il croit devoir rappeler aux Français résidant en France, dans les colonies et les pays de protectorat ou à l'étranger qu'ils doivent s'abstenir de tout fait qui, commis en «violation des lois françaises ou du droit des gens, pourrait être considéré comme hostile à l'une des parties ou contraire à une scrupuleuse neutralité. (3) Il leur est interdit notamment de s'enrôler ou de prendre du service, soit dans l'armée de terre, soit à bord des bâtiments de guerre de l'un ou de l'autre des belligérants, ou de contribuer à l'équipement ou à l'armement d'un navire de guerre.
(4) Le Gouvernement déclare en outre qu'il ne sera permis à aucun navire de guerre de l'un ou de l'autre des belligérants d'entrer et de séjourner avec des prises dans le ports ou rades de la France, de ses colonies et des pays protégés pendant plus de vingt-quatre heures, hors le cas de relâche forcée ou de nécessité justifiée.
(5) Aucune vente d'objets provenant de prises ne pourra avoir lieu dans lesdits ports ou rades.
(6) Les personnes qui contreviendraient aux défenses susmentionnées ne pourront prétendre à aucune protection du Gouvernement ou de ses agents contre les actes ou mesures que, conformément au droit des gens, les belligérants pourraient exercer ou décréter, et seront poursuivies, s'il y a lieu, conformément aux lois de la République.
Neutralitätsregeln vom 26. April 1898.
1. (1) En aucun cas, un belligérant ne peut faire usage d'un port français ou appartenant à un Etat protégé, dans un but de guerre ou pour s'y approvisionner d'armes ou de munitions de guerre (2) ou pour y exécuter, sous prétexte de réparations, des travaux ayant pour but d'augmenter sa puissance militaire.
2. (3) La durée du séjour dans nos ports de belligérants non accompagnés d'une prise n'a été limitée par aucune disposition spéciale; mais, pour être autorisés à y séjourner, ils sont tenus de se conformer aux conditions ordinaires de la neutralité qui peuvent se résumer ainsi qu'il suit:
a) (4) Les bâtiments admis au bénéfice de l'asyle doivent entretenir
des relations pacifiques avec tous les navires mouillés dans le même port et en particulier avec les bâtiments appartenant à leurs ennemis.