The Express.
London, England, 1868-06-01 00:00:00

P 1866.

TAM NITIT*LITY LAWS.

BACOIDISI=IOONF THE ROYAL

`l4rais morning a blue-book was issued for the
intormation of parliament? giving the report of
Ike Neutrality Laws Commissioners, together with
an appendix containing reports irom foreign states,
and other documents. The report is as follows :
We, your Majesty's coatmissioners, appointed " to in-
quire into u d so snider the character, working, and effect
of the laws of this realm available for the enforcement of
centrality duiln; the existence of hostilities between
other states with when your Majesty is at poem, and to
inquire and remit whether a• y and what changes ought
to be made in such laws for the purpose of giving to them
in wearied efficiency and bringing them into full conformity
with your M. jedj's interostional obligations," have now
to state to your Majesty that we have held 24 meetings,
sad having inquired into awl coosidered the subject so
refe-red to us, have agreed to the following report :
Th statute tow available for them enforcement of nen-
trait, dud, g the existence of hostilities between states
with whom your Majesty is at peace is the 59 Geo. 111., mo.
69, commonly called the "Foreign Enlistment Act." The
title of that act is "An Act to i reveat the enlisting or
engagement of his Majesty's subjects to serve in foreign
service, and the titling out or equipping in his Majesty's
dominions vessel. for warlike purposes without his Majesty's
license." And the preamble runs thus: "Whereas the
enlistment or engagement of his Majesty's subjects to
serve in war in foreign service without his Majesty's
license, and fitting out and equipping and arming
of vessels by his Majesty's subjects without his Majesty's
license for waille operations in or against the do-
minions or territories of any foreign prince, state, po-
tentate, or persons exercising or assuming to exercise
the powers e f government in or over any foreign country,
colony, province, or part of any province, or against the
ship., goods, or merchandise of any foreign prince, steel
potentate, or persons as aforesaid, or other subjects. may
be prejudicial to and tend to endanger the peace and eel-
fare of this kingdom : and whereas the laws in force are
not sufficiently effectual for preventing the same." •
This, then, being the statute directly aysible in this
country fur the enforcement of neutrality, our duty has
been to inquire and report whether it is susceptible of any
and what amendments, and we are of opinion that it might
be made more efficient by the enactment of provisions
founded upon the following resolutions :
I. That it is expedient to amend the Foreign I nlistu ent
Act by adding to its provisions a prohibition against the
preparing or fitting out in any part of her Msjesty's &mi-
nions of any naval or military expedition to proceed from
thence against the territory or dominions of any foreign state
w.th whom her Majesty shall not then be at war.
If. That the first paragraph of section 7of the Foreign
Enlistment Act should be amended to the following
effect :—lf any person shall within the limits of her
Majesty'. dominions. fit out, arm, despatch, or cause to be
despatched, any ship with intent or knowledge that the
same shall or will be employed in the military or hat al
service of any foreign power in any war then being
waged by such power against the subjects or
property of any foreign belligerent power w ith
whom her Majesty shall not then be at war :
(b.) Or shall within her Majesty's dominions build or
equip any slip with the intent that the same shall, after
being fitted out and armed either within or beyond her
Majesty's dominions, be employed as aforesaid : (r) Or
shall commence or attempt to do, or shall aid in doing,
any of the ..c•s aforesaid, every person a.) offending shall
be deemed gui;ty of a misdemeanor.
111. That in order to enable the executive government
more effecta.lly to mina n and prevent attempted offences
against sec'. 7 of the Foreign Enlistment Act, additional
preabions to the following effect should be inserted in the
statute : (a) That if a Some' ary of State shall be satis-
fied that there i.e a reasonable and probable cause for be-
lieving that a obi? which is within the limit, of her Ma-
jesty's dominions ha, been or is being built, equipped,
fitted out, or armed contrary to the enactment, and is
about to be taken beyond the limits, rr that the ship is
about to he despatched contrary to the enactment, such
Secretary of State shall have power to issue a warrant
stating that there is such a treasonable and probable cause
for believing as above aforesaid, and upon such warrant
the commissioners of customs or any other person or per-
sons named in the warrant shall have power to arrest and
search such ship, and to detain the same until it shall be
either condemned or released by process of law, or in
warner hereinafter mentioned. (t) Tlat the power here-
inbefore given to a Secretary of State may, in parts of her
Majesty's dominions beyond the seas, be exercised by the
governor or other person having chief authority. (,) That
power be given to the owner of the ship or his agent to
apply to the Court of Admiralty of the place where the
ship is detained, or, if there be no such court there, to the
nearest Court of Admiralty for its release. (d) That
the court shall put the matter of such detention
in course of trial between the applicant and the crown,
with usual Admiralty appeal to the Privy Council.
(r) That if the owner shall establish to the satisfaction of
, the court that the ship was not and is not being built,
' equipped, fitted out, or armed ,'or intended to be despatched,
contrary to the enactment, the ship shall be released and
restored. (f) That if the owner shall fail to establish to
the satisfaction of the court that the ship was not,
and is not being, built, equipped, fitted out, or armed.
or intended to be despatched, contrary to the enactment,
that the ship shall be detained till released by order of
the Secretary of State, nevertheless the court may, if it
shall think fit, order its release, provided the owner shall
give security to the satisfaction of the court that the Chip
sha'l not be employed contrary to the enactment, and
provided that no proceedings are pending for i's con-
demnation. Ig) 'Mat if the court shall be of opinion
that there was not re aonable and 1 r-bable cause foe the
detention, and it no such calve sba'l arise ,r in the
course cf tie proceedings, the c-urt shit 1 rye power to
declare that the owner ought to be indemnified by the
payment of c, em's and damages, which in that ease shall be
payable out of any monies legslly applicable by the com.
missioneis of the Treasury for that purpose. (h ) That
any warrant of the Secretary of State shall be laid before
parliament. li) That the proceedings herein provided
shall not effect the power of the crown to proceed if it
thinks fit to condemnation of the ship. (k) That the
following exceptions be made from this resolution :
1. Any foreign commissioned ship. 2. Any foreign non-
commissioned ship despatched from this country after
having come within it under stress of weather or in the
course of a peaceful voyage, and upon which ship no
fitting out or equipping of a warlike character shall have
taken place in this country.
IV. That it is expedient to make the act of hiring, en-
gaging, or procuring any person within her Majesty's do-
minions to go on board any ship, or to embark from any
part of her Majesty's dominions by means of false repro-
sentations as to the service in which such persons are in-
tended to be employed, with intent on the part of the
person so hiring, engaging, or procuring as aforesaid,
that the persons so hired, engaged, or procured
as aforesaid shall be employed in any land
or sea service prohibited by section 2 of the Foreign En-
listment Aot, a misdemeanor, punishable like other mis-
demeanors under the same section.
V. That the forms of pleading in informations and in.
distments under the Foreign Enlistment Aet should be
simplified.
VI. That if, during the continuance of any war in
which her Majesty shall be neutral, any prize not being
entitled to recognition as a commissiceed ship of war shall
be brought within the jurisdiction of the crown by any
person acting on behalf of or under the authority of any
belligerent government, which prize shall have been cap-
tured by any vessel fitted out during the same war for the
service of such government, whether as a public or a pri-
vate vessel of war, in violation of the law. for the proteo-
Con of the neutrality of this realm, or if any such prize
shall be brought within the jurisdiction as aforesaid by
any subject of the crown, or of snob belligerent govern-
ment, having come into possession of such prize with
notice of the unlawful fitting out of the capturing vessel,
such prize should upon due proof is the Admiralty amnia
at the suit of the original owner of such prise or his agent,
or of any person autheriaod in that behalf by the govern.
ment of the state to which snob owner belongs, be te..,
stored.
VII. That in time of war no vessel employed in the
military or naval service of any belligerent which shall
halm bastxbailt, equipped, fitted out, armed, or clempateliqd
soatrary to the enactment, should be admitted into any
port of her Majesty's dominions. In making the fore-
sok'g recioramodations we have sot felt ourselves bound
to consider whether we ware ors/midis( what could actually
be recisired by international Jaw, but we am of opinion
that if those reeommendolisus shmild be adopted, tips II