Imágenes de páginas
PDF
EPUB

(Inclosure.)-Act of Congress, in addition to the Act for the Punish

ment of certain Crimes against The United States," and to repeal the Acts therein mentioned.

[Approved 20th April, 1818.)

Sect. 1. Be it enacted by the Senate and House of Representatives of The United States of America in Congress assembled, that if any Citizen of The United States shall, within the Territory or jurisdiction thereof, accept and exercise a Commission to serve a 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, the Person so offending shall be deemed guilty of a high misdemeanor, and shall be fined not more than 2,000 dollars, and shall be imprisoned not exceeding 3 Years.

II. And be it further enacted, that if any Person shall, within the Territory of jurisdiction of The United States, enlist or enter himself, or hire or retain 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, every Person so offending, shall be deemed guilty of a high misdemeanor, and shall be fined not exceeding 1,000 dollars, and be imprisoned not exceeding 3 Years: Provided, that this Act shall not be construed to extend to any Subject or Citizen of any Foreigo Prince, State, Colony, District, or People, who shall transiently be within The United States, and shall, 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, enlist or enter himself, or hire or retain 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.

III. And be it further enacted, that if any Person shall, within the limits of The United States, fit out and arm, or attempt to fit out and arm, or procure to be fitted out and armed, or shall knowingly be 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 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 shall issue or deliver 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, every Person so offending shall be deemed guilty of a high misdemeanor, and shall be fined not more than 10,000 dollars, and imprisoned not more than 3 Years; and every such Ship or Vessel, with 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.

IV. And be it further enacted, that if any Citizen or Citizens of The United States shall, without the limits thereof, fit out and arm, or attempt to fit out and arm, or procure to be fitted out and armed, or shall knowingly aid or be concerned in the furnishing, fitting out, or arming, any private Ship or Vessel of War, or Privateer, with intent that such Ship or Vessel shall be employed to cruize, or commit hostilities, upon the Citizens of The United States, or their property, or shall take the command of, or enter on board of, any such Ship or Vessel, for the intent aforesaid, or shall purchase any interest in any such Ship or Vessel, with a view to share in the profits thereof, such Person so offending, shall be deemed guilty of a high misdemeanor, and fined not more than 10,000 dollars, and imprisoned not more than 10 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.

V. And be it further enacted, that if any Person shall, within the Territory or Jurisdiction of The United States, increase or augment, or procure to be increased or augmented, or shall knowingly be con. cerned 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 Cruizer, 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 calibre, or by the addition thereto of any equipment solely applicable to War, every Person so offending, shall be deemed guilty of a high misdemeanor, shall be fined not more than 1,000 dollars, and be imprisoned not more than 1 Year.

VI. And be it further enacted, that if any Person shall, within the Territory or Jurisdiction of The United States, begin or set on foot, or provide or prepare 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, every Person so ofsending, shall be deemed guilty of a high misdemeanor, and shall

be fined not exceeding 3,000 dollars, and imprisoned not more than 3 Years.

VII. And be it further enacted, that the District Courts shall take cognizance of 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.

VIII. And be it further enacted, that in every case in which a Vessel shall be 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, shall be increased or augmented, or in which any military expedition or enterprise shall be begun or set on foot, contrary to the provisions and prohibitions of this Act; and in every Case of the Capture of a Ship or 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 shall be disobeyed or resisted by any Person or Persons 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 Cit. izens of any Foreign Prince or State, or of any Colony, District, or People, in every such case it shall be lawful for the President of The United States, 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 Ship or Vessel, with her prize or prizes, if any, in order to the execution of the prohibitions and penalties of this Act, and to the restoring the prize or prizes in the Cases in which restoration shall have been 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.

IX. And be it further enacted, that it shall be lawful for the President of The United States, 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 Ship or Vessel to depart The United States, in all cases in which, by the Laws of Nations or the Treaties of The United States, they ought not to remain within The United States.

X. And be it further enacted, that the Owners or Consignees of every armed Ship or Vessel sailing out of the Ports of The United States, belonging wholly or in part to Citizens thereof, shall enter into bond to The United States, with sufficient sureties, prior to clearing out the same, in double the amount of the value of the Vessel and Cargo on board, including her armament, that the said Ship or 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.

XI. And be it further enacted, that the Collectors of the Customs be, and they are hereby, respectively, authorized and required to detain any Vessel manifestly built for warlike purposes, and about to depart The United States, of which the Cargo shall principally consist of arms and munitions of War, when the number of Men shipped on board, or other circumstances, shall render it probable that such Vessel is intended to be employed by the Owner or 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 be had thereon, or until the Owner or Owners shall give such bond and security as is required of the Owners of armed Ships by the preceding Section of this Act.

XII. And be it further enacted, that the Act passed on the 5th day of June, 1794, entitled “An Act in addition to the Act for the punishment of certain Crimes against The United States," continued in force, for a limited time, by the Act of the 2d of March, 1797, and perpetuated by the Act passed on the 24th of April, 1800, and the Act, passed on the 14th day of June, 1797, entitled “An Act to prevent Citizens of The United States from Privateering against Nations in amity with, or against the Citizens of, The United States," and the Act, passed the 3d day of March, 1817, entitled, “An Act more effectually to preserve the Neutral Relations of The United States,” be, and the same are hereby, severally, repealed: Provided, nevertheless, that Persons having heretofore offended against any of the Acts aforesaid, may be prosecuted, convicted, and punished, as if the same were not repealed; and no forfeiture heretofore incurred by a violation of any of the Acts aforesaid shall be affected by such repeal.

XIII. And be it further enacted, That nothing in the foregoing Act shall be construed to prevent the prosecution or punishment of Treason, or any Piracy defined by the Laws of The United States.

(9.)-Mr. Rivadavia to Mr. Forbes.

Buenos Ayres, 6th October, 1821. The Minister of Government and Foreign relations, in consequence of the offer made, has the honour to transmit to the Agent of The United States, a Copy of the Decree which has just been issued by the Department of War and Marine, concerning Privateering.

The Minister salutes the Agent, &c. John M. Forbes, Esq.

BERNARDO RIVADAVIA.

(Inclosure. )--Decree of the Government of Buenos Ayres

concerning Privateers.—(Translation.)

Department of War, Buenos Ayres, 6th October, 1821. AMONG the resources which the unfortunate Rights of War have rendered lawful, and its object necessary, is Privateering. The Wars of the Independence of the Provinces of Holland, and of the United States of North America, have proved that this kind of Warfare is the most advantageous for a Country which prepares to defend its Independence against a more ancient and remote Country that has governed it. It is impossible to prevent or repress all the abuses which may result from Privateering. The Government which finds itself under the painful necessity of authorizing, and even of encouraging it, has only two ways of lessening its illegal consequences, and in so far has only two obligations in this respect. The first is, to dictate such rules, and take such precautions and guarantees, as may correct abuses; not suffering them to pass unpunished. In this respect, the Government of these Provinces has fulfilled its duty, and the regulation of Privateers proves it. The other obligation is, to put an end to this kind of Warfare, either when it shall be no longer necessary to the object which induced it, or when the effect which it produces no longer equals the risks and inconvenience which result from it. The Government considers these two cases as having taken place, and in virtue. thereof, it has agreed to, and now decrees, the following Articles:

I. In future, no Commission of Privateering whatever shall be granted without a previous solemn publication, expressing the cause which obliges the Government to have recourse to this measure.

II. Every Individual who possesses any Commission, and shall be now in the Territory of this Province, shall be obliged to present it to the Minister of Marine, within 15 days from the date of this Decree.

III. Those Individuals who hold Privateer Commissions, and are in Countries situated on the other side of the Equinoctial Line, or on the Coast of the Pacifick, shall be held to present the said Commissions, at the Ministry of Marine, within the term of 8 months.

IV. The Sureties given shall answer for the fulfilment of the two foregoing Articles.

V. Every Commander of a Vessel, armed as a Privateer in virtue of a Commission of any one of the Governments, which have com. manded in this Capital, on sight of this Decree, shall cease to cruize, and shall put into Port to disarm and return his Commission.

VI. Every one who shall contravene the preceding Article will incur the pains of Piracy.

VII. Every Vessel which, after the term of 8 months from the date of this Decree, shall continue to cruize under the Authority of a Commission of the Government of this Country, shall be treated as a Pirate.

« AnteriorContinuar »