The national era. [volume] (Washington [D.C.]) 1847-1860, 1858-01-14

coasts, three miles. Is it any more illegal aud
unauthorized to make capture within her
jurisdiction on land, than within her jurisdic-
ton on the water2 Why is Lieutenant Almy
instructed to do that, which, done by Commodore
Panlding, subjects him to the charge of having
committed a grave error?"
We charge the Administration with having
at first given insufficient instructions to the Ma
val officers concerned, with having perplexed
them by contradictory instructions and conduct,
and with having censured two of them for mis-
understandings into which its own uncertain
and inconsistent course naturally led them.
In the debate in the Senate, it is somewhat
remarkable that but one Senator quoted the
provisions of the act under which the President
proceeded, and he gave them only cursory
examination. The Neutrality law of 1878 de-
fines several offences, and prescribes their PEN
alties.
Section first makes it high misdemean-
or, punishable with fine and imprisonment,
for any citizen of the United States, within their
jurisdiction, to accept and exercise commits
sion from foreign State, to serve against a
nation with which we are at peace.
Section second makes it high misdemeanor
for a citizen to enlist, in the United States, or
to go beyond their bounds to enlist, in the SER
vice of foreign power against nation with
which we are at peace.
Section third prohibits the fitting out or arm
ing any ship or vessel, within the limits of the
United States, with intent to employ it in the
service of any foreign State against nation
with which we are at peace-offence, high
misdemeanor, punishable with fine not more
than 1000, and Imprisonment not exceeding
| three years-the vessel and oil its preparations
| to be forfeited.
Section fourth is directed against the action
of citizens Of the United States who shall be
concerned in fitting out or commanding vessels,
beyond our limits, with intent to commit hostile
acts upon our citizens or their property.
| Section fifth makes it high misdemeanor,
for any person within United States jurisdiction.
to augment in any way the force of any armed
vessel in the service of a foreign State, which
| is at war with State with which we are at
peace.
Sections sixth and eighth, being the only ones
relating to the enterprise of General Walker and
the action of the President in his case we print
| in full.
| Sec. 6. And be it further enacted, That if
any person shall, within the territory or juris-
diction 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 do
minions of any foreign Prince or State, or any
colony, district, or people, with whom the Uni
ted States ere at peace, every person so Of
Tending shall be deemed guilty of high mis-
demeanor, and shall be fined not exceeding
three thousand dollars, and imprisoned not
more than three years.
| Sec. 8. And be 1t further enacted, That in
every case in which vessel shall be fitted out
and armed, or attempted to be fitted out and
armed, or which the force of any vessel of war
cruiser, or other armed vessel, shall be in
creased or augmented, OF in which any military
expedition Or enterprise shall be begun or set
on foot, contrary to the provisions and prohbi-
tions of this act and in every case of the cap
ture of ship or vessel within the jurisdiction
or protection of the United States as before de-
fined, 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 citizens Of any
| foreign Prince or State, or of any colony, dis
| trict, 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 empower.
| ed 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 OBTAINING any such ship or
vessel, with her prize or prizes, if any, in the
| 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 restora.
ton shall have been adjudged, and also for the
purpose of preventing the carrying on of any
such expedition or enterprise from the terrific
ries 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.
| So far as these provisions relate to persons
and acts, yithin the limits of the United States
there is little difference of opinion. All admit
that to fit out within our jurisdiction, vessel
with munitions of war, or to increase the arma.
ment of foreign vessel of war in any of our
ports, contrary to the prohibitions in the pre-.
vious sections of the act, or to begin or organ.
ize an expedition or enterprise within our linn
its, to be carried on against the territory of q
| Power with which we are at peace, is high
misdemeanor, and that the offenders ought to
be arrested, tried, and punished, according to
due process of law; and that the President has
lawful authority to employ the military forces
of the United States, within their limits, before,
during, or after trial, Z" in order to the execu-
ton of the prohibitions and penalties of this act"
For example, if he has reason to believe that
vessel of war, fitted out in the port of New York,
| with intent to be employed in hostile invasion
of Nicaragua, is on the point Of escaping before
| legal process can be issued against her, he has
the right, under this 9th section, to seize and
detain, in order to the execution of the prohi.
billions of the act and certainly he has the
same authority of detention, should she attempt
to escape, while the trial is in progress Even
subordinate officers have'this power of arrest,
before the institution of legal process, for sec
| ton eleventh OF the same act provides that the
collectors Of customs be, ard the same are
| hereby respectively, authorized and required to
| detain any vessel manifestly built for warlike
purposes, and about to depart from the United
States," &C., when circumstances render il
probable that she is intended to be used against
the People or Territories of q State with which
| we are at peace-and the detention is to con.
! tinue "until the decision of the President be
L had he LII