Gambar halaman
PDF
ePub

CHAPTER 47.

FOREIGN RELATIONS.

Foreign Government defined, 2905.
Passports :

Issue, 2906.
False statements, 2907.
Fraudulent use, 2908.

Forring, altering, etc., 2909.
Disturbance of foreign relations:
False swearing to injury of United

States, 2910.
Conspiracy to injure property of foreign

Government, 2911.
Extradition, 2912.
Neutrality protected :
Recruiting for foreign armies-

Commissions for Americans, 2913.
Enlistment by Americans, 2914.

Aliens exempt, 2915.
Military or naval enterprises,

Against friendly Government, 2916.
Furnishing armed vessels, 2917.

During war, 2918.
Augmenting armaments, 2919.

Armed vessels detained, 2920.
Preventid by military force, 2921.
Aliens, 2922.

Neutrality protected-Continued.

Departure of foreign vessels, 2923.
Exports restricted-

Proclamation by the l’resident, 2924.
Seizure of arms, etc., 2925.

By armed force, 2926.
Clearance refused to vessels, 2927.
Imports restricted, 2928.
Foreign vessels detained-
Undue commercial advantage given,

2929
American citizens denied commercial

facilities, 2930.
Vessels departing without clearance,

2931.
Armed forces employed, 2932.
Vessels in time of war:

Control in territorial waters, 2933.
Seizure-

Failure to observe regulations, 2934.

Injury to vessels, conspiracy, etc., 2935. Armed forces employed, 2936.

2905. Foreign government defined.--The words “foreign government,"as used in this Act and in sections one hundred and fifty-six, one hundred and fiftyseven, one hundred and sixty-one, one hundred and seventy, one hundred and seventy-one, one hundred and seventy-two, one hundred and seventy-three, and two hundred and twenty of the Act of March fourth, nineteen hundred und nine, entitled "An Act to codify, revise, and amend the penal laws of the United States,” shall be deemed to include any Government, faction, or body of insurgents within a country with which the United States is at peace, which Government, faction, or body of insurgents may or may not have been recognized by the United States as a Government. Sec. 4, title Inii, act of June 15, 1917 (90 Stat. 226).

2906. Issue of passports.---Before a passport is issued to any person by or under authority of the United States such person shall subscribe to and submit a written application duly verified by his oath before a person authorized and empowered to administer onths, which said application shall contain it true recital of each and every matter of fact which may be required by law or by any rules authorized by law to he stated as a prerequisite to the issuance of any such passport. Clerks of United States courts, agents of the Department of State, or other Federal oficials authorized, or who may be authorized to take passport applications and administer oaths thereon, shall collect, for all services in connection therewitli, a see of $1, and no more, in lieu of all fees prescribed by any statute of the United States, whether the application is exceuted singly, in duplicate, or in triplicate. Sec. 1, title IX, act of June 15, 1917 (40 Stat. 227).

2907. Passport obtained through false statements.-Whoever shall willfully and knowingly make any false statement in an application for passport with intent to induce or secure the issuance of a passport under the authority of the United States, either for his own use or the use of another, contrary to the laws regulating the issuance of passports or the rules prescribed pursuant to such laws, or whoever shall willfully and knowingly use or attempt to use, or furnish to another for use, any passport the issue of which was secured in any way by reason of any false statement, shall be filled not more than $2,000 or imprisoned not more than five years or both. Sec. 2 title IX, act of June 15, 1917 (40 Stat. 227).

2908. Fraudulent use of passports.--Whoever shall willfully and knowingly use, or attempt to use, any passport issued or designed for the use of another than himself, or whoever shall willfully and knowingly use or attempt to use any passport in violation of the conditions or restrictions therein contained, or of the rules prescribed pursuant to the laws regulating the issuance of passports, which said rules shall be printed on the passport; or whoever shall willfully and knowingly furnish, dispose of, or deliver a passport to any person, for use by another than the person for whose use it was originally issued and designed, shall be fined not more than $2,000 or imprisoned not more than five years, or both. Sec. 3, title IX, act of June 15, 1917 (40 Stat. 227).

2909. Forging or altering passports, etc.-Whoever shall falsely make, forge, counterfeit, mutilate, or alter, or cause or procure to be falsely made, forged, counterfeited, mutilated, or altered any passport or instrument purporting to be a passport, with intent to use the same, or with intent tliat the same may be used by another; or whoever shall willfully or knowingly use, or attempt to use, or furnish to another for use any such false, forged, counterfeited, mutilated, or altered passport or instrument purporting to be a passport, or any passport validly issued which has become void by the occurrence of any condition therein prescribed invalidating the same, shall be fined not more than $2,000 or imprisoned not more than five years or both. Sec. 4, title /.r, act of June 15, 1917 (40 Stat. 227).

2910. False swearing to influence a foreign government to the injury of the United States.-Whoever, in relation to any dispute or controversy between a foreign government and the United States, shall willfully and knowingly make any untrue statement, either orally or in writing, under oath before any person authorized and empowered to administer oathis, which the affiant has knowledge or reason to believe will, or may be used to influence the measures or conduct of any foreign government, or of any officer or agent of any foreign government, to the injury of the United States, or with a view or intent to influence any measure of or action by the Government of the United States, or any branch thereof, to the injury of the United States, shall be fined not more than $5,000 or imprisoned not more than five years, or both. Sec. 1, title VIII, act of June 15, 1917 (40 Stat. 226).

2911, Conspiracy to injure the property of a foreign government.-If two or more persons within the jurisdiction of the United States conspire to injure or destroy specific property situated within a foreign country and belonging to a foreign Government or to any political subdivision thereof with which the United States is at peace, or any railroad, canal, bridge, or other public utility so situated, and if one or more of such persons commits an act within the jurisdiction of the United States to effect the object of the conspiracy, each of the parties to the conspiracy shall be fined not more than $5,000, or imprisoned not more than three years, or both. Any indietment or information under this section shall describe the specific property which it was the object of the conspiracy to injure or destroy. Sec. 5, title VIII, act of June 15, 1917 (10 Stat. 226).

2912. Extradition.- Whenever any person is delivered by any foreign government to an agent of the United States, for the purpose of being brought within the United States and tried for any crime of which he is duly accused, the President shall have power to take all necessary measures for the transportation and safe-keeping of such accused person, and for his security against lawless violence, until the final conclusion of his trial for the crimes or offenses specified in the warrant of extradition, and until his final discharge from custody or imprisonment for or on account of such crimes or offenses, and for a reasonable time thereafter, and may employ such portion of the land or naval forces of the United States, or of the militia thereof, as may be necessary for the safe-keeping and protection of the accused. R. S. 5275,

2913. Commissions in foreign armies accepted by citizens of the United States.Every citizen of the United States who, within the territory or jurisdiction thereof, accepts and exercises a commission to serve a foreign prince, state, colony, district, or people, in war, by land or by sea, against any prince, state, colony, district, or people, with whom the United States are at peace, shall be fined not more than two thousand dollars and imprisoned not more than three years. Sec. 9, Criminal Code, act of March 4, 1909 (35 Stat. 1089).

Notes of Decisions. Neutrality in general.--The decisions here of neutrality toward belligerents, were incollected relate to the general subject of tended to prevent offenses against friendly neutrality and not merely to the above powers, whether they should or should not section

be engaged in war or in attempting to supOvert act constituting offense. – To con

press revolt.

(1895) 21 Op. Atty. Gen. 267. stitute the offense of accepting and exercis- Obligations and duties of Government and ing a commission to serve against a foreign citizens in general.-The duty of the United prince, State, etc., with whom the United States, when a state of war is declared or States is at peace, under the first section recognized by another country, is of its own of the act of Congress, some overt act under motion to use diligence to discover and prethe commission must be done, such as rais- vent within its borders the formation or ing men for the enterprise, collecting pro- departure of any military expedition invisions, munitions of war, or any other tended to carry on or take part in such act which shows an exercise of the authority war. (1895) 21 Op. Atty. Gen. 267. which the commission was supposed to con- The fact that neutral individuals, infer. Charge to Grand Jury, Neutrality stead of their Government, give aid to the Laws (C. C. 1838), Fed. Cas. No. 18,265. belligerent, does not relieve the neutral

Purpose and operation of neutrality laws Government from guilt; but the Governin general.--The neutrality laws are not ment is innocent if the acts of individuals designed to interfere with commerce, even are sich as, from their nature, make it in contraband of war, but merely to prevent impracticable or excessively burdensome distinctly hostile acts, as against a friendly for the Government to watch and prevent, power, which tend to involve this country or, if preventable without excessive burin war.

U. S. v. The Laurada (D. C. 1898), den, the Government used due diligence 83 Fed. 760.

about their prevention. (1902) 24 Op. The neutrality laws of the United States, Atty. Gen, 15. so called because their main purpose is to The fact that neutral merchants give carry out the obligations imposed upon the aid to belligerents purely from motives of United States while occupying a position gain-seeking does not relieve their Gov.

cirment from its obligation to prevent such aid being given, (1902) 24 Op. Atty. Gen. 15.

It is no infraction of neutrality, for a neutral nation to carry its exports, not contraband, to a port of one of the belligerents. Vasse 1. Ball (Pa. 1797), 2 lall. 270, 1 L. Ed. 377. Treaty provisions.--The

provision of chap. 2, art. 11, of The Ilague Treaty of Oct.

18, 1907, ratified by the United States Nov. 27, 1909 (36 Stat. 2324), requiring a neutral power which receives on its territory troops of a belligerent army to intern them, does not require legislation to make it effective. Ex parte Toscano (D. C. 1913), 208 Fed. 938.

The provision of chap. 2, art. 11, of The Hague Treaty of Oct. 18, 1907, ratified by the United States Nov. 27, 1909 (30 Stat. 2324), requiring a neutral power which receives on its territory troops of a belligerent army to intern them, does not violate any

constitutional provision. la. Sale of vessel by belligerent to neutral.A sale by a belligerent of a warship to a neutral in a neutral port is invalid by the law of nations. The Georgia (D. C. 1866), Fed. Cas. No. 5,349.

Salo or shipment of contraband.— There is nothing in the laws of the United States, or in the laws of nations, that forbids neutrals from sending armed vegsels as well as munitions of war to foreign ports for sale. It is a commercial adventure, which no nation is bound to probibit, and whicb only exposes those engaged in it to the pepalty of confiscation. The Santissima Trinidad (1822), 20 U. S. (7 Wheat.) 283, 5 L. Ed. 454.

While flour is not in general contraband of war it may be so if intended for mliitary use by a belligerent or destined for a port of military or naval equipment, and being thus on the border line a proclamation of one of the Governments at war dcciaring it contraband is suificient to impress it with that character. Balfour, Guthrie & Co. ¥. Portland of Asiatic S. S. Co. (D. C. 1909), 167 Fed, 1010,

A citizen of a neutral State may law. fully contract to carry contraband of war and his undertaking will be enforced by the courts of the neutral State. Id.

On indictment for violation of the neutrality laws by shipping arms to the State of Sonora in Mexico, the court would take judicial notice that such State was a large contry and not a place' in Mexico. U. S. 1. Albert Steinfeld & (o. (1), C. 1913), 209 Fed. 904.

The mere sale or shipment of arms and munitions of war by persons in the United States to persons in Cuba is not a violation

of international law, how yer strong # sus. picion there may be that they are 19 be used in an insurrection agaidst the Spanish Government, Individuals in the Inited States have a right to sell socb articles and ship them to whoever may choose to buy. (1895) 21 Op. Atty. Gen. 267.

The goods, and sometimes the ship carrying them, are subject to seizure by the Gov. ernment within whose jurisdiction they may come, if its domestic laws or regulations are violated, but international law impose's no duty upon our Government with respect to such transactions, Id.

According to the weight of authority, the sale of contraband or war supplies to a belligerent is not unlawful, or a thing which a neutral nation must forbid to its citizens. id.

A neutral nation must not give aid to on of the belligerents in the carrying on of war; but the carrying on of commerce with the belligerent nations in the manner usua! before the war is not in itself the giving of such aid. Id.

The mere increased demand for warlike articles, and their consequent increased quantity in the commerce between the Deutral and the belligerent countries, does not of itself make the commerce cease to be the sa me that was usual before the war. Id.

A belligerent may seize merchandise at sea involved in such commerce when it is the property of his enemy, or when it is composed of articles for direct and immedi. ate use for warlike purposes. Id.

In determining whether a series of transactions which, in one aspect are commercial in character, are prohibited to tbe neutral nation and its people as being an aid to one of the belligerents in carrying on war a zainst the other, the criteria are practically impossible to specify in advance, Among the points by which to be guided in determining that question are the systematic character of the transactions, their greater or less extensiveness, their persistence in time, their governmental character or the absence of it, their objects and results, and, principally, their relation, if any, to the prosecution of the war being carried on by the belligerent. id.

The mere shipment or exportation of arms, in the way of commerce, to a country in which there are insurrectionary movements, does not seem to be prohibited by the stat. utes of the United States or by the law of pations. (1902) 2+ Op. Atty. Gen. 25.

A Deutral merchant is not obliged to regard the state of war between other na. tions ; but, if he ships goods prohibited, they will be liable to seizure and condemnation. Richardson 1. Maine Fire & Marine ins. Co. (1809), 6 Mass. 102, 4 Am. Dec. 92.

or

V.

Carrying contraband of war by the subjects of a neutral is not a sufficient cause for war against such neutral. Id.

The penalty of forfeiture, incurred by a Deutral by carrying on a circuitous trade between the mother country and a colony, which is prohibited, attaches only during the prohibited voyage, and does not vitiate a subsequent lawful

voyage. Kemble Rhinelander (N. Y. 1802), 3 Johns. Cas. 130.

The neutrality act has been uniformly treated, by the executive departments and by judges of the United States courts, as embracing warlike enterprises set on foot in this country against a friendly power at peace with all the world. L'. S. V. Sullivan, 9 N. X. Leg. Obs., 257.

Neutrality, strictly speaking, consists in abstinence from any participation in a public, private, or civil war, and in impartiality of conduct toward both parties; but the maintenance unbroken of peaceful relations between two powers when the domestic peace of one of them is disturbed is not neutrality in the sense in which the word is used when the disturbance has acquired such head as to have demanded

the recognition of belligerency; and, as mere matter of municipal administration, no bation can perinit unauthorized acts of war within its territory in infraction of its sovereignty, while good faith toward friendly nations requires their prevention. The Three Friends, 166 U. S., 1.

The organization, in one conntry State, of combinations to aid or ubet rebellion in another, or in any other way to act on its political institutions, is a violation of national amity and comity, and an act of semihostile interference with the affairs of other peoples.

But there is no municipal law to forbid and punish such combinations, either in the United States or Great Britain. Atty. Gen., 216.

The policy of this country is, and ever has been, a perfect neutrality and noninterference in the quarrels of other nations. 3 Op. Atty. Gen., 739.

The act of Apr. 30, 1918, like that of June 5, 1794, was intended to secure, beyond all risk of violation, the neutrality and pacific policy which they consecrate as our fundamental law. Id., 741.

[ocr errors]

2914. Enlistment in foreign armies.—Whoever, within the territory or juris. diction of the United States, enlists or enters himself, or hires or retains another person to enlist or enter himself, or to go beyond the limits or jurisdiction of the United States with intent to be enlisted or entered in the service of any foreign prince, State, colony, district, or people as a soldier or a marine or seaman on board of any vessel of war, letter of marque, or privateer shall be fined not more than $1,000 and imprisoned not more than three years.

Scc. 10, Criminal Code, act of March 4, 1909 (35 Stut. 1089), as amended by act of May 7, 1917 (40 Stat. 39).

as

Notes of Decisions.

Statutes prohibiting enlistments as matter of domestic or municipal right.—The acts of Congress prohibiting foreign enlistments is a matter of domestic or municipal right, as to which foreign Governments have no right to inquire, the international offense being independent of the question of the existence of a prohibitory act of Congress. (1855) 7 Op. Atty. Gen. 367.

Raising troops in the United States in general.---It is a settled principle of the law of nations tbat no belligerent can rightfully make use of the territory of a neatral State for belligerent purposes without the consent of the neutral Government, Hence the undertaking of a belligerent to enlist troops of land or sea in a neutral State, without the previous consent of the latter, is a hostile attack on its national wovereignty. (1855) 7 Op. Atty. Gen. 367.

Foreign minister enlisting troops. – A foreign minister who engages in the enlist

ment of troops here for his Government is subject be summarily expelled from the country, or, after demand of recall, dismissed by the President. (1855) 7 Op. Atty. Gen. 367.

Right of citizen to enter service of for. eign Government.- citizen of one country may enter the military service of a foreign Government without compromising the neutrality of his own. Chacon v. EightyVine Pales of ('ochineal (C. C. 1821), Fed. Cas. No. 2,568 ; Juando 1'. Taylor (D. C. 1818), Fed. Cas. No. 7,558.

Persons leaving country to enlist and transportation thereof.--It being lawful for individuals to go abroad to enlist, they may go in any number and in any way they see fit, by regular lines of steamers, by charter. ing a vessel, or in any other manner, either s-parately or associated ; provided, alwnys, that they do not go as a military expedition, or set on foot or begin within our juris

« SebelumnyaLanjutkan »