The republic. [volume] (Washington [D.C.]) 1849-1853, 1849-06-19
A REVIEW OF OUR NEUTRAL POLICY

The War Steamer United States.
The presses of the Opposition, under the
lead of its organ at the seat of Government,
are raising an outcry against President
TAYLOR, for the course he has deemed it
his duty to pursue in relation to the case
of the steamer United States, purchased
of our citizens by the representative of the
German Empire, and fitted out and equip
ped with the concurrence and by direc-
ton of the late Secretary of the Navy,
in one Of the navy yards Of the United
States. An examination of the facts of
this case, and of the whole policy of our
Government from its formation, in all its
departments-legislative, judicial, and ex
ecutive-will demonstrate the propriety
Of the steps taken by President TAYLOR in
the matter, and will commend to the APP
probation of the American people the firm
ness and decision that he has manifested
in maintaining the "strictly neutral" rela
tons which he announced in his inaugural
address as the policy of his Administration.
As early as the fourth Of August, 1898,
in consequence of the state of war then ex-
listing between Austria, Prussia, Sardinia,
Great Britain and the United Netherlands,
or the one part, and France on the other,
President WASHINGTON caused instructions
to be issued to the collectors of the customs.
laying down system of general rules, de-
signed to conform to the treaties and as
sert the privileges of the United States.
The first of these general rules is in the
following words: "The original arming
and equipping of vessels in the ports of the
United States, by any of the belligerent
parties, for military service, offensive or
defensive, is deemed unlawful" These
instructions and these general rules were
communicated by President WASHINGTON
to Congress on the Sd of December follow
ing, and were referred to in his message
of that date. On this point, Chancellor
KENT observes in his Commentaries, that
s'the Government of the United States was
warranted by the law and practice of ma
tons in the declarations made in 1893, Of
the rules of neutrality, which were partic-
ularly recognised as necessary to be OBJ
served by the belligerent powers in their
intercourse with this country"
To carry out the views of the President,
Congress, at the same session in which
these rules were communicated, passed a
law to give them more certain effect, I'M
der the title of "An act in addition to the
act for the punishment of certain crimes
against the United States" This act pro-
vides in its third section that if any person
shall, within any of the waters 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 con-
cerned 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, to cruise or commit hostilites upon
the subjects, citizens, or property of an
other foreign prince or State with whom the
United States are at peace, such person
shall, upon conviction, be adjudged guilty
of high misdemeanor, and shall be fined
in a sum not exceeding $4,000, and i'm
prisoned for term not exceeding three
years, at the discretion of the court. The
same section provides that every such ship
or vessel, with all materials, arms, ammu-
milton, and stores, which may have been
prepared for her building and equipment,
shall be forfeited, one half TO the informer,
and one-half to the United States.
This statute, which was to continue in
force for limited period, was afterwards
continued for two years by the act of 1897,
and made perpetual by the act Of April
"a, 1900.
By the seventh section of this statute
the President was authorized, in the case
Of its violation, by the commission Of any
Of the prohibited acts, to employ by him
self, or such other person as he might en-
power for the purpose, such part Of the
land or naval forces of the United States,
or the militia thereof, as might be judged
necessary for the purpose Of taking pos
session of and OBTAINING any such ship or
vessel, in order to the execution Of the
prohibition and penalties of the statute.
Such was the existing legislation on the
subject when President MADISON com
municated a message to Congress, under
date of December 20, 1916, in which he