English Neutrality: Is the Alabama a British Pirate?

6 ENGLISH NEUTRALITY. upon international law, to consist in two principal circumstances : 1. Entire abstinence from any participation in the war. 2. Impartiality of conduct towards both belligerents. These obligations are frequently strengthened, and made obligatory upon all persons resident within the territorial jurisdiction of a nation, by, first, treaties; and, second, enactments of the local legislature, or whatever, in each case, corresponds to such a body. As between this nation and Great Britain, the right and duty of neutrality rest upon international law and the statutes of the respective countries. We have, on our part, endeavored to provide for the prevention or punishment of unneutral acts, by either citizens or strangers, while among us, through acts of Congress of 1794, 1818, and 1838. Great Britain has undertaken to accomplish the same end by act of Parliament, 59 Geo. III., c. 69.* A review of the action and • * The following are extracts from the act of 59 Geo. III., commonly called the Foreign Enlistment Act: “ Sec. 7. And be it further enacted, that if any person within any part of the United Kingdom, or in any part of his majesty’s dominions beyond the seas, shall, without the leave and license of his majesty, for that purpose first had and obtained, as aforesaid, equip, furnish, fic out, or arm, or procure to be equipped, furnished, fitted out, or armed, or shall knowingly aid, assist, or be concerned in the equipping, furnishing, fitt ing out, or arming of any ship or vessel, with intent, or in order that such ship or vessel shall be employed in the service of any foreign prince, state, or potentate, or of any foreign colony, province, or part of any province, or people, or of any person or persons, exercising or assuming to exercise any powers of government in or over any foreign state, colony, province, or part of any province, or people, as a transport, or storeship, or with intent to cruise or commit hostilities against any prince, state, or potentate, or against the subjects or citizens of any prince, state, or potentate, or against the persons exercising or assuming to exercise the powers of government in any colony, province, or part of any province, or country, or against the inhabitants of any foreign colony, province, or part of any province or country with whom his majesty shall not then be at war; or shall within the United Kingdom or any of his majesty’s dominions, or in any settlement, colony, territory, island, or place belonging or subject to his majesty, issue or deliver any commission for any ship or vessel, to the intent that such ship or vessel shall be employed as aforesaid; every such person so offending shall be deemed guilty of misdemeanor, and shall, upon conviction thereof, upon any information or indictment, be punished by fine and imprisonment, or either of them, at the discretion of the court in which such offender shall be convicted ; and every such ship or vessel, with the tackle, apparel, and furniture, together with all the materials, arms, ammunition, and stores, which may belong to or be on board of any such ship or vessel, shall be forfeited ; and it shall be lawful for any officer of his majesty’s customs or excise, or any officer of his majesty’s navy, who is by law empowered to make seizures for tftiy forfeiture incurred under any of the laws of customs or excise, or the laws of trade or navigation, to seize such ships and vessels as aforesaid, and in such places and in such manner in which the officers of his majesty's customs or excise and the officers of his majesty’s navy are empowered respectively to make seizures under the laws of customs and excise, or under the laws of trade and navigation; and that every such ship and vessel with the tackle, apparel, and furniture, together with all the materials, arms, ammunition, and stores, which may belong to or be on board of such ship or vessel, may be prosecuted and condemned in the like manner, and in such courts as ships or vessels may be prosecuted and condemned for any breach of the laws made for the protection of the revenues, customs, and excise, or of the laws of trade and navigation. “Sec. 8. And be it further enacted, that if any person in any part of the United

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