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:— 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 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 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. (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. 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. 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, crusier, or armed vessel in the service of either of the said belligerents, or belonging to the subjects of either, by adding to the number of guns, of such vessels, or by changing those on board of her for guns of a larger calibre, or by the addition thereto of any equipment solely applicable to war. 11. 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. And I do hereby further declare and proclaim 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 operations, or as posts of observations 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; 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 fifteenth day of February instant, and during the continuance of the present hostilities between Japan and Russia, no ship of war or privateer of either belligerent shall be permitted to make use of any port, harbor, roadstead, or waters subject to the jurisdiction of the United States from which a vessel of the other FR 1904 M- -3 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. 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, 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, harbor, roadstead, or waters for a longer period than twenty-four hours after her necessary repairs shall have been completed, unless within such twenty-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. 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. 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, and except so much coal only as may be sufficient to carry such vessel, if without any sail power, to the nearest 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, 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, unless such ship of war or privateer shall, since last thus supplied, have entered a port of the government to which she belongs. And I further declare and proclaim that by the first article of the convention as to rights of neutrals at sea, which was concluded be tween 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. 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 contraband of war. "2. That the property of neutrals on board an enemy's vessel is not subject to confiscation, unless the same be 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 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. 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 can not 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 can not 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. 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 11th day of February in the year of our Lord one thousand nine hundred and four and of the Independence of the United States the one hundred and twentyeighth. [SEAL.] By the President: JOHN HAY, THEODORE ROOSEVELT. Secretary of State. ARGENTINE REPUBLIC. PASSPORT APPLICATION OF WILLIAM A. TAPPEN AND HIS SON CHARLES L. TAPPEN. Mr. Beaupré to Mr. Hay. No. 14.] AMERICAN LEGATION, Buenos Ayres, July 15, 1904. SIR: Mr. William A. Tappen has applied to this legation for a passport, which I have declined to issue, but have agreed to submit the case for the Department's consideration. Mr. Tappen was born in Germany, emigrated to the United States in 1868, lived there until 1881, and was naturalized by the circuit. court of St. Louis County, St. Louis, Mo., on May 29, 1876. He came to the Argentine Republic in 1882, returned to the United States in 1886, remained there about a year, and then came back to this country, where he has since resided uninterruptedly. For about ten years he was employed by this Government as inspector of locomotives, and is now actuary of a Buenos Ayres insurance company. He has no material interests in the United States, says that he would like to return and resume his duties of citizenship there, but that up to this time he has not found it possible to do so for pecuniary reasons. He holds passport No. 33 of this legation, issued August 1, 1890, at which time his naturalization papers were exhibited as evidence. In 1886, while Mr. Tappen was visiting in the United States, his son Charles L. Tappen was born at St. Louis, Mo., and an authenticated certificate of his baptism in St. Louis is offered in evidence of this. The young man has also applied for a passport, and, as he is still a minor, I am inclined to think that he is entitled to it; but I have thought best to submit both cases to the Department before taking action. Charles L. Tappen came to this country with his father in 1887, and ever since has resided here. He has no definite plans as to his future, but expresses a desire to be able to live in the United States. A. M. BEAUPRÉ. I am, etc., Mr. Adee to Mr. Beaupré. No. 16.] DEPARTMENT OF STATE, Washington, August 30, 1904. SIR: I have to acknowledge the receipt of your dispatch No. 14, of the 15th ultimo, on the subject of the applications of Mr. William A. Tappen and his son, Charles L. Tappen, for passports, from which it appears that Mr. Tappen was born in Germany, emigrated to the United States in 1868, lived there until 1881, was naturalized on May 29, 1876, went to the Argentine Republic in 1882, returned to the United States in 1886, remained there about a year, and then returned to the Argentine Republic, where he has since resided; and that his son was born at St. Louis, Mo., in 1886. In reply I have to say that the Department is not advised of all the circumstances surrounding the case and can not definitely decide it. The question is, does Mr. Tappen intend to return to the United States or does he not? Taking the Department's circular instruction of March 27, 1899," and applying it to Mr. Tappen's application you should be able to decide whether a passport should issue. The case of his son is simple. Having been born in this country he is a citizen thereof and can not divest himself of his American citizenship during his minority. He is, consequently, entitled to a passport until he reaches the age of 21 years, when he may elect his nationality. (See Van Dyne on Citizenship, p. 24, et seq.) I am, etc., ALVEY A. ADEE, MESSAGE OF THE PRESIDENT OF THE ARGENTINE REPUBLIC TO THE ARGENTINE CONGRESS. No. 72.] Mr. White to Mr. Hay. LEGATION OF THE UNITED STATES, SIR: I have the honor to transmit herewith three copies of the message read on the 5th instant at the opening of the Argentine Congress by the President of the Republic. * * * ** The Buenos Ayres Herald, the only English organ that comments at any length on the message, while admitting the good case which it makes out for the past few years and the bright outlook for the future, maintains that this is in spite of rather than as a consequence of the activities of the passing Administration. The message seems to have been received by the people of this country and by the foreign press in a manner approaching indifference, which fact is, perhaps, an indication of the improved credit of the nation. I have, etc., [Inclosure.] CHARLES D. WHITE, [From the Buenos Ayres Herald, Friday, May 6, 1904; The Buenos Ayres Herald, Saturday, May 7, 1904.] THE PRESIDENT'S MESSAGE. GENTLEMEN, SENATORS, AND DEPUTIES: For the last time I have the honor of opening your session, and it should be pleasant for us to realize this constitututional act in such a favorable situation of credit, of well-being, and of general prosperity. a Printed in Foreign Relations for 1902, p. 1. |