incur the forfeit SEC. 1997. No soklier or sailor, however, who faithfully served accord- Certain soldiers ing to his enlistment until the 19th day of April, 1865, and who, without and sailors not to proper authority or leave first obtained, quit his command or refused to ures of the last serve after that date, shall be held to be a deserter from the Army or section. Navy; but this section shall be construed solely as a removal of any disability such soldier or sailor may have incurred, under the preceding section, by the loss of citizenship and of the right to hold office, in consequence of his desertion. 19 July, 1867, chap. 28, v. 15, p. 14. It shall be unlawful for aliens of the following classes to immigrate 3 March, 1875. into the United States, namely, psrsons who are undergoing a sentence Immigration of for conviction in their own country of felonious crimes other than po- alien convicts, litical or growing out of the result of such political offences, or whose &c., forbidden. sentence has been remitted on condition of their emigration, and women "imported for the purposes of prostitution." Sec. * * 3 March, 1875, chap. 140, ss. 5, v 18, p. 476. [The 1st and 2d sections of the act of May 6, 1882, chap. 126, vol. 22, p. 58, suspended the immigration of Chinese laborers to the United States, after ninety days from the passage of the act, for ten years, and provided that the master of any vessel who should knowingly bring within the United States, and land or permit to be landed any Chinese laborer from any foreign port or place, should be deemed guilty of a misdemeanor and, on conviction thereof, be punished by a fiue of not more than five hundred dollars for each and every such Chinese laborer so brought, and also might be imprisoned for a term not exceeding one year. The words "Chinese laborers" are to be construed to mean both skilled and unskilled laborers and Chinese employed in mining.] NOTES. A child born in the United States of alien parents, who have never An American citizen, domiciled in a foreign country, who has taken an oath NEUTRALITY-ALIEN ENEMIES, ETC. 5281. Accepting a foreign commission. 5282. Enlisting in foreign service. 5283. Arming vessels against people at peace with the United States. 5284. Arming vessels to cruise against citizens of the United States. 5285. Augmenting force of foreign vessel of war. Title 67. Accepting a for SEC. 5281. Every citizen of the United States who, within the territory or jurisdiction thereof, accepts and exercises a commission to serve a foreign prince, state, colony, district, or people, in war, by land or eign commission. 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. 20 April, 1818, s. 1, v. 3, p. 447. SEC. 5282. Every person who, within the territory or jurisdiction of Enlisting in the United States, enlists or enters himself, or hires or retains another foreign service. 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. Idem, s. 2, p. 448. SEC. 5283. Every person who, within the limits of the United States, Arming vessels fits out and arms, or attempts to fit out and arm, or procures to be fit- against people at ted out and armed, or knowingly is concerned in the furnishing, fitting United States. peace with the 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, Arming vessels 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. And every such vessel, 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. Idem, s. 3. SEC. 5284. Every citizen of the United States who, without the limits to cruise against thereof, fits out and arms, or attempts to fit out and arm, or procures citizens of the United States. 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 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 without the limits of the United States, shall be in the district in which the offender shall be appprehended or first brought. Augmenting Idem, s. 4. [Sec. 4090 of the Revised Statutes empowers United States ministers to issue all manner of writs to prevent citizens of the United States from enlisting in the military or naval service of a country to make war upon any foreign power with whom the United States are at peace, or in the service of one portion of the people against another portion of the same people, and to carry out this power he may resort to such force belonging to the United States as may at the time be within his reach.] SEC. 5285. Every person who, within the territory or jurisdiction of force of foreign the United States, increases or augments, or procures to be increased vessel of war. 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 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 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 impris oned not more than one year. States. 20 April, 1818, s. 5, v. 3, p. 448. Military expe SEC. 5286. Every person who, within the territory or jurisdiction of ditions against the United States, begins, or sets on foot, or provides or prepares the people at peace means for, any military expedition or enterprise, to be carried on from with the United 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. ions. Idem, s. 6, p. 449. Enforcement of SEC. 5287. The district courts shall take cognizance of all comforegoing provis- plaints, 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; 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, 18 Feb., 1875, v. 18, p. 320. SEC. 5288. 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. 20 April, 1818, s. 9, v. 3, p. 449. Compelling foreign vessels to depart. Armed vessels SEC. 5289. The owners or consignees of every armed vessel sailing to give bond on out of the ports of the United States, belonging wholly or in part to clearance. 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. Idem, s. 10. SEC. 5290. The several collectors of the customs shall detain any vessel manifestly built for warlike purposes, and about to depart 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 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. 20 April, 1818, s. 11, v. 3, p. 450. SEC. 5291. The provisions of this Title 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 S ates, 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. Idem, ss. 2, 13, v. 3, pp. 448, 450. 27 Feb., 1877, v. 19, p. 252. NOTES.-An officer of the Navy has no right, without express direction from bis Government, to enter the territory of a country at peace with the United States and seize property there claimed by citizens of the United States. Application for redress should be made to the judicial tribunals of the country.Cadwalader's State Department Digest, p 219, cites 2 Paine, 324. A revolutionary party like a foreign belligerent party, is supreme over the country it conquers, as far and as long as its arms can carry and maintain it.Op. IX, 140, Black, May 15, 1858. Detention by collectors of cus toms. Construction of this Title. Hospitals and ambulances with sick or wounded, &c. Exception. Employés, &c., respected as nentrals. By the law of nations one Government cannot enter upon the territories of another, or claim any right whatever therein, for if this be done by force it is an usurpation, and if it be done by any underhand bargaining with individuals, who have not the explicit consent of their Government, it is mean and unfair.Op. IX, 286, Black, March 14, 1859. One nation cannot execute the penal laws of another, and consequently a foreign vessel engaged in the slave trade cannot lawfully be captured by an American cruiser. The African slave trade is not contrary to the law of nations.— Cadwalader's State Department Digest, p. 217, cites 10 Wheaton, 66. The United States cannot purchase a grant of land in, or concession of a right of way over, the territories of another nation as could an individual or private corporation, since by the law of nations one Government cannot enter upon the territory of another, or claim any right whatever therein.-Cadwalader's Digest, p. 218, cites Op. IX, 286. The right of search does not exist in time of peace. A cruiser of one nation has the right to know the national character of any strange ship she may meet at sea, but the right is not a perfect one. The right of inquiry has well defined limitations: 1. Inquiring ship must put up his own colors, or in some way make himself fully known, before he can lawfully demand such knowledge from the other vessel. 2. If refused, may fire blank shot or cartridge. 3. If still refused, a shotted gun may be fired across bows by way of positive summons. 4. Any further measure must be at the peril of the inquiring vessel. If stranger is arrested, injured, or captured, and proves not a pirate, but has a lawful right to navigate the seas, the injury must be atoned for. The right of a public ship to hail or speak a stranger, is in all respects analogous thereto, and must be exercised within the same limits. 5. The answer by words or by hoisting flag must be taken as true. Cannot be stopped, visited, or searched. 6. The right of inquiry can be exercised only on the high seas. No naval officer has a right to go into the harbor of a nation with which his Government is at peace, to inquire into the nationality of a vessel lying there.-Op. IX, p. 456, Black, July 28, 1860. Case of the "General Miramon.' Ships of war enjoy the full rights of exterritoriality in foreign ports and terri torial waters. Merchant ships are a part of the territory of their country, and and are so treated on the high seas, and partially, but not wholly so, while in territorial waters of a foreign country. Crimes committed on board ship on the high seas, are triable in the country to which she belongs. In port the local authority has jurisdictionof acts committed on board of a foreign merchant ship, provided those acts affect the peace of the port, but not otherwise; and its jurisdiction does not extend to acts internal to the ship or transpiring on the high seas. The authority of the ship's country, in these cases, is not taken away by the fact that the actors are foreigners provided they be of the crew or passengers of the ship. The local authority has right to enter on board a foreign merchantman in port for the purpose of inquiry universally-but for the purpose of arrest only in matters within its ascertained jurisdiction.-Op. VIII, 73, Cushing, Sept. 5, 1856. "Neutrals may lawfully sell at home to a belligerent purchaser, or carry themselves to the belligerent powers contraband articles subject to the right of seizure in transitu. The right of the neutral to transport, and of the hostile power to seize, are conflicting rights, and neither party can charge the other with criminal act." (1 Kent's Com., p. 142.) There is nothing in our laws, or in the law of nations, that forbid our citizens from sending armed vessels as well as munitions of war to foreign ports for sale. It is a commercial venture which no nation is bound to prohibit, and which only exposes the persons engaged in it to the penalty of confiscation." (7 Wheaton, 340.) Cited in Op. XI, p. 408, Dec. 23, 1865, Speed. INTERNATIONAL CONVENTION—AMELIORATION OF WOUNDED, ETC. Convention between the United States, Baden, Switzerland, Belgium, Denmark, Spain, France, Hesse, Italy, Netherlands, Portugal, Prussia, Würtemberg, Sweden, Greece, Great Britain, Mecklenberg-Schwerin, Turkey, Bavaria, Austria, Persia, Salvador, Montenegro, Servia, Bolivia, Chili, Argentine Republic, and Peru; with additional articles; for the amelioration of the wounded in armies in the field; concluded August 22, 1864; acceded by the President March 1, 1882; accession concurred in by the Senate March 16, 1882; proclaimed as to the original convention, but with reserve as to the additional articles, July 26, 1882. ARTICLE I. Ambulances and military hospitals shall be acknowledged to be neuter, and, as such, shall be protected and respected by belligerents so long as any sick or wounded may be therein. Such neutrality shall cease if the ambulances or hospitals should be held by a military force. ART. II. Persons employed in hospitals and ambulances, comprising the staff for superintendence, medical service, administration, transport of wounded, as well as chaplains, shall participate in the benefit of neutrality, whilst so employed, and so long as there remain any wounded to bring in or to succor. Employés, &c., ART. III. The persons designated in the preceding article may, even protected by oc- after occupation by the eneminy, continue to fulfil their duties in the cupying forces. hospital or ambulance which they serve, or may withdraw in order to rejoin the corps to which they belong. Under such circumstances, when these persons shall cease from their functions, they shall be delivered by the occupying army to the outposts of the enemy. ART. IV. As the equipment of military hospitals remains subject to Employés in the laws of war, persons attached to such hospitals cannot, in with- hospitals to take drawing, carry away any articles but such as are their private propaway private property, only. erty. Under the same circumstances, an ambulance shall, on the contrary, retain its equipment. Persons serv ART. V. Inhabitants of the country who may bring help to the wounded shall be respected, and shall remain free. The generals of ing the wounded the belligerent Powers shall make it their care to inform the inhabit- to remain free. ants of the appeal addressed to their humanity, and of the neutrality which will be the consequence of it. Any wounded man entertained and taken care of in a house shall be Houses where considered as a protection thereto. Any inhabitant who shall have the wounded are entertained wounded men in his house shall be exempted from the cared for to be quartering of troops, as well as from a part of the contributions of war which may be imposed. ART. VI. Wounded or sick soldiers shall be entertained and taken care of, to whatever nation they may belong. Commanders-in-chief shall have the power to deliver immediately to the outposts of the enemy soldiers who have been wounded in an engagement, when circumstances permit this to be done, and with the consent of both parties. protected. Exemptions for care of wounded. Soldiers sick or wounded to be cared for. Delivery of wounded, &c. Those who are recognized after their wounds are healed, as incapable Soldiers incaof serving, shall be sent back to their country. The others may also be sent back, on condition of not again bearing arms during the continuance of the war. Evacuations, together with the persons under whose directions they take place, shall be protected by an absolute neutrality. ART. VII. A distinctive and uniform flag shall be adopted for hospi-, tals, ambulances, and evacuations. It must, on every occasion, be accompanied by the national flag. An arm-badge (brassard) shall also be allowed for individuals neutralized, but the delivery thereof shall be left to military authority. The flag and the arm-badge shall bear a red cross on a white ground. ART. VIII. The details of execution of the present convention shall be regulated by the commanders-in-chief of belligerent armies, according to the instructions of their respective Governments, and in conformity with the general principles laid down in this convention. ADDITIONAL ARTICLES. pacitated for service to be sent home. Conditions of return. Evacuations, &c., to have absolute neutrality. Hospital ambu ation flag, &c. lance, and evacuArm-badge. Flag and armbadge to bear red cross, &c. Execution of details of convention. ARTICLE I. The persons designated in Article II of the Convention Rights of em shall, after the occupation by the enemy, continue to fulfil their duties, pleyés, &c., in hospitals or amaccording to their wants, to the sick and wounded in the ambulance or bulances. the hospital which they serve. When they request to withdraw, the commander of the occupying troops shall fix the time of departure, which he shall only be allowed to delay for a short time in case of military necessity. ART II. Arrangements will have to be made by the belligerent powers to insure to the neutralized person, fallen into the hands of the army of the enemy, the entire enjoyment of his salary. Salary of neutrala, &c., when in enemy's hands. ART III. Under the conditions provided for in Articles I and IV of Definition of the Convention, the name "ambulance" applies to field hospitals and the term "ambuother temporary establishments, which follow the troops on the field of battle to receive the sick and wounded. ART. IV. In conformity with the spirit of Article V of the Convention, and to the reservations contained in the protocol of 1864, it is explained that for the appointment of the charges relative to the quartering of troops, and of the contributions of war, account only shall be taken in an equitable manner of the charitable zeal displayed by the inhabitants. lance." Charges for quartering of troops, and contributions, &c. |