The republic. [volume] (Washington [D.C.]) 1849-1853, 1849-06-19
THE REPU BLIC.

NV W shS id"o, W tuC CudIdCtCI, dIiu W
the neutral and pacific relations of the
United States; recommend to the con-
sideration of Congress the expectancy Of
such further Legislative provisions as may
be requisite for detaining vessels actually
equipped, or IN course Of equipment, with
warlike force, within the jurisdiction of
the United States; or, as the case may be,
for obtaining from the owners OF COM
manders of such vessels adequate securi-
ties against the abuse of their ornaments,
with the exceptions in such provisions
proper for the cases of merchant vessels
furnished with the defensive ornaments
usual on distant and dangerous expedi-
tons, and OF private commerce in mill
tary stores permitted by our laws, and
which the law Of nations does not require
the United States to prohibit"
From the documents, relating to the
subject of the message above cited, which
were laid before the House of Representa-
tives by Mr.. FoRsYTH, then Chairman of
the Committee IF Foreign Relations, we
learn that the provisions deemed neces-
sary by President MADISON to make the
laws effectual against fitting out armed
vessels in our ports, to the invasion of our
neutral relations, were the following: LIST.
That they should be laid under bond not
to violate the treaties of the United States,
or the obligations of the United States I'M
der the law of nations, in all cases where
there is reason to suspect such purpose
on foot, including the cases of vessels
taking on board arms and munitions of
war, applicable TO the equipment and ar
mament of such vessels subsequent to
their departure. ID. To invest the COL
lectors or other revenue officers with
power to seize and detain vessels under
circumstances indicating strong presump-
ton of an intended breach of the law the
detention to continue until the order of the
Executive on the full representation of the
facts could be had thereon "The exist
ing laws" said Mr.. Monroe, then Secre-
tary of State, in his letter in reply to a
letter of inquiry from Mr.. FORSYTH, "do
not go to this extent. They do not author
ize the demand of security in any shape,
or any interposition on the part of the
maglstracy as a Preueative, where there is
reason to suspect an intention to commit
the offence. They rest upon the general
footing of Furnishing the offence merely
where, if there be full evidence of the
actual preparation of the crime, the party
is handed over, after the trial, to the pen
atty denounced"
In another letter to Mr.. FORSYTH, bear
ing date January 10, 1917, four days sub
sequent to the date of the letter last cited,
Mr.. MONROE, in defining the evils for the
remedy of which new legislation was
deemed material, stated, among other
things, that it had been represented to the
Department, 1st, that vessels belonging to
citizens of the United States or foreigners
have been armed and equipped in our ports,
and have cleared out from our custom
houses as merchant vessels, and, after
touching at other ports, have hoisted the
flag of some of the belligerents, and cruised
under it against the commerce of nations
in amity with the United States; and again,
that, in other instances, foreign vessels
have entered the ports of the United
States, and have in various modes aug
mented their ornaments with pretended
commercial views; and hare taken ON board
citizens of the United States as passengers,
Dho, on their ar7tUaI at neutral ports, have
assumed the character of officers and sol
diers in the service of some of the parties
in the contest now prevailing in our south
ern hemisphere.
twas in view of the struggle for indepen-
dence and liberty then going on between the
provinces of Spain and the mother coun-
try, that Mr. MADISON and Mr.. MONROE,
though they sympathized with the cause of
freedom throughout the world, found it
necessary to call upon Congress for more
stringent and specific legislation than had
been advised even by the Cabinet of Pre-
sident WASHINGTON At their instance,
on their recommendation, Congress at
that very session passed an act entitled
"An act more efectually to preserve the
neutral relations of the United States"
the main provisions of which were, at the
first session Of the next Congress, incor-
porated in the act of goth April, 1918,
] which reDeals all the acts ON this subject to