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United Kingdom of Great Britain and Ireland, or in any part of His Majesty's Dominions elsewhere, or in any Country, Colony, Settlement, Island, or Place belonging to or subject to His Majesty, shall hire, retain, engage. or procure, or shall attempt or endeavour to hire, retain, engage, or procure, any Person or Persons whatever to enlist, or to enter or engage to enlist, or to serve or to be employed in any such Service or Employment as aforesaid, as an Officer, Soldier, Sailor, or Marine, either in Land or Sea Service, for or under or in Aid of any Foreign Prince, State, Potentate, Colony, Province, or Part of any Province or People, or for or under or in Aid of any Person or Persons exercising or assuming to exercise any Powers of Government as aforesaid, or to go or to agree to go or embark from any part of his Majesty's Dominions, for the Purpose or with Intent to be so enlisted, entered, engaged, or employed as aforesaid, whether any enlisting Money, Pay, or Reward shall have been or shall be actually given or received, or not; in any or either of such Cases, every Person so offending shall be deemed guilty of a Misdemeanor, and upon being convicted thereof, upon any Information or Indictment, shall be punishable by Fine and Imprisonment, or either of them, at the Discretion of the Court before which such offender shall be convicted.

8 7. And it is in and by the said Act further Enacted, That if any Person, within any Part of the United Kingdom, or in any Part of His Majesty's Dominions beyond the Seas, shall, without the Leave and Licence of His Majesty for that Purpose first had and obtained as aforesaid, equip, furnish, fit out, or arm, or attempt or endeavour to equip, furnish, fit out, or arm, or procure to be equipped, furnished, fitted out, or armed, or shall knowingly aid, assist, or be concerned in the equipping, furnishing, fitting out, or arming of any Ship or Vessel, with Intent or in order that such Ship or Vessel shall be employed in the Service of any Foreign Prince, State or Potentate, or of any Foreign Colony, Province, or Part of any Province or People, or of any Person or Persons exercising or assuming to exercise any Powers of Government in or over any Foreign State, Colony, Province, or Part of any Province or People, as a Transport or Store Ship, or with Intent to cruize or commit Hostilities against any Prince, State, or Potentate, or against the Subjects or Citizens of any Prince, State, or Potentate, or against the Persons exercising or assuming to exercise the Powers of Government in any Colony, Province, or Part of any Province or Country, or against the Inhabitants of any Foreign Colony, Province, or Part of any Province or Country, with whom His Majesty shall not then be at War;

or shall, within the United Kingdom, or any of His Majesty's Dominions, or in any Settlement, Colony, Territory, Island, or Place belonging or subject to His Majesty, issue or deliver any Commission for any Ship or Vessel, to the Intent that such Ship or Vessel shall be employed as aforesaid, every such Person so offending shall be deemed guilty of a Misdemeanor, and shall, upon Conviction thereof, upon any Information or Indictment, be punished by Fine and Imprisonment, or either of them, at the Discretion of the Court in which such Offender shall be convicted; and every such Ship or Vessel, with the Tackle, Apparel, and Furniture, together with all the Materials, Arms, Ammunition, and Stores, which may belong to or be on board of any such Ship or Vessel shall be forfeited; and it shall be lawful for any Officer of His Majesty's Customs or Excise, or any Officer of His Majesty's Navy, who is by law empowered to make Seizures, for any Forfeiture incurred under any of the Laws of Customs or Excise, or the laws of Trade and Navigation, to seize such Ships and Vessels aforesaid, and in such Places and in such Manner in which the Officers of his Majesty's Customs or Excise and the Officers of His Majesty's Navy are empowered respectively to make seizures under the Laws of Customs or Excise, or under the Laws of Trade and Navigation; and that every such Ship and Vessel, with the Tackle, Apparel, and Furniture, together with all the Materials, Arms, Ammunition, and Stores which may belong to or be on board of such Ship or Vessel, may be prosecuted and condemned in the like Manner, and in such Courts as Ships or Vessels may be prosecuted and condemned for any Breach of the Laws made for the Protection of the Revenues of Customs and Excise, or of the Laws of Trade and Navigation.*

* Corresponding Section of the Act of Congress-Ch. 88-April 20, 1818:-2 3. That if any Person shall within the limits 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 concerned 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, or of any Colony, District, or People, to cruize or commit Hostilities, against the Subjects, Citizens, or Property of any Foreign Prince or State, or of any Colony, District, or People, with whom the United States are at Peace, or shall issue or deliver a Commission within the Territory or Jurisdiction of the United States, for any Ship or Vessel to the intent that she may be employed as aforesaid, every Person so offending shall be deemed guilty of a high Misdemeanour, and shall be fined not more than ten thousand dollars, and imprisoned not more than three years. And every such Ship or Vessel, with her Tackle, Apparel, and Furniture, together with all Materials, Arms, Ammunition, and Stores, which may have been procured for the Building and Equipment thereof, shall be forfeited, one half to the use of the Informer, and the other half to the use of the United States.

8. And it is in and by the same Act further Enacted, That if any Person in any Part of the United Kingdom of Great Britain and Ireland, or in any Part of His Majesty's Dominions beyond the Seas, without the Leave and Licence of His Majesty for that Purpose first had and obtained as aforesaid, shall, by adding to the Number of the Guns of such Vessel, or by changing those on board for other Guns, or by the Addition of any Equipment for War, increase or augment, or procure to be increased or augmented, or shall be knowingly concerned in increasing or augmenting the Warlike Force of any Ship or Vessel of War, or Cruizer, or other armed Vessel which at the Time of her Arrival in any Part of the United Kingdom, or any of His Majesty's Dominions, was a Ship of War, Cruizer, or armed Vessel in the Service of any Foreign Prince, State, or Potentate, or of any Person or Persons exercising or assuming to exercise any Powers of Government in or over any Colony, Province, or Part of any Province or People belonging to the Subjects of any such Prince, State, or Potentate, or to the Inhabitants of any Colony, Province, or Part of any Province or Country under the Control of any Person or Persons so exercising or assuming to exercise the Powers of Government, every such Person so offending shall be deemed guilty of a Misdemeanor, and shall, upon being convicted thereof, upon any Information or Indictment, be punished by Fine and Imprisonment, or either of them, at the Discretion of the Court before which such Offender shall be convicted.

Now, in order that none of our subjects may unwarily render themselves liable to the Penalties imposed by the said Statute, We do hereby strictly command, that no Person or Persons whatsoever do commit any act, Matter or Thing whatsoever, contrary to the Provisions of the said Statute upon Pain of the several Penalties by the said Statute imposed, and of our High Displeasure.

And We do hereby further warn all our loving Subjects and all Persons whatsoever entitled to our Protection, that if any of them shall presume, in contempt of this our Royal Proclamation, and of our High Displeasure, to do any acts in derogation of their Duty, as Subjects of a Neutral Sovereign, in the said Contest, or in violation or contravention of the Law of Nations in that behalf; as for example, and more especially by entering into the Military Service of either of the said Contending Parties as Commissioned or Non-Commissioned Officers or Soldiers; or by Serving as Officers, Sailors, or Marines, on board any Ship or Vessel of War or Transport, of or in the Service of either of the said Contending Parties; or by

serving as Officers, Sailors, or Marines, on board any Privateer bearing Letters of Marque of or from either of the said Contending Parties; or by engaging to go or going to any place beyond the Seas, with intent to Enlist or Engage in any such Service, or by procuring or attempting to procure within Her Majesty's Dominions at Home or Abroad others to do so; or by fitting out, arming, or equipping any Ship or Vessel to be employed as a Ship of War or Privateer or Transport, by either of the said Contending Parties; or by breaking or endeavouring to break any Blockade lawfully and actually established by or in behalf of either of the said Contending Parties; or by carrying Officers, Soldiers, Despatches, Arms, Military Stores, or Materials, or any article or articles considered and deemed to be Contraband of War according to the Law or Modern usage of Nations, for the use or service of either of the said Contending Parties, all Persons so offending will incur and be liable to the several Penalties and Penal consequences by the said Statute, or by the Law of Nations, in that behalf imposed or denounced.

And We do hereby declare that all our Subjects, and Persons entitled to our Protection, who may misconduct themselves in the Premises, will do so at their peril and of their own wrong, and that they will in nowise obtain any Protection from Us against any liabilities or final consequences, but will on the contrary, incur our High Displeasure by such Misconduct.

Given at our Court at the White Lodge, Richmond Park, this 13th day of May in the year of our Lord, 1861, and in the 24th year of our Reign.

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SIR,-Some superficial criticisms which have been passed upon a letter which I recently addressed to you, show me that the drift of my argument has been wholly misapprehended by writers obviously not very conversant with this species of discussion. I shall therefore ask your leave to add a few observations which may tend to elucidate the matter.

It is objected to my suggestion of diplomatic action in the place of legal procedure in the case of the suspected vessels, that, if there is no case for legal procedure, diplomatic action would be equally inadmissible-in short, that nothing would justify the one which would not equally lay the foundation for the other. A very little reflection will show that this is a fallacy. The legal procedure is applicable to persons within the jurisdiction of the Crown, while the diplomatic action is appropriate to persons without its pale. Now, it may well be that a violation of the Foreign Enlistment Act may take place under such circumstances that no offence might be committed by any one within the jurisdiction, and yet that as against a foreign government or other persons without the jurisdiction the offence might be complete. For instance, supposing that the Federal Government were to give an order for the equipment of a vessel-of-war in this country, but the order was so managed that the shipbuilder was bona fide deceived into the belief that the commission came from the Turkish Government. In such a case it is clear that the shipbuilder who has no mens rea is innocent, but in my judgment it is equally certain that the foreign government which had deliberately procured the violation of the law ought to be made to answer for its breach. In this case it is clear that the success of a criminal prosecution would be no test or measure of the diplomatic remedy. Or, take another case. Suppose a foreign government succeeds in spite of the provisions of our law in enlisting men in this country, and the men so enlisted are carried out of the pale of our jurisdiction. Here the law has been flagrantly violated, yet there can be no judicial redress, because there is no one within the jurisdiction upon whom our procedure can operate. Is such an offence therefore to be perpetrated with impunity? Clearly not. It is the business of the sovereign authority of the State to vindicate the dignity of its laws against the offender, who can be reached by its arm alone. Here again, then, the judicial procedure is no measure of the diplomatic remedy.

I have never said, as I see I am represented to have done, that, because we cannot obtain proof against our own subjects, we should equally in the absence of proof proceed against the foreign offender. What I have said is, that where one method of proceeding fails against one party for want of proof, we should proceed in the appropriate method against the other party against whom the proof is complete. I have already pointed out that cases may easily occur in which the shipbuilder may be absolutely innocent, while the foreign government may be clearly guilty. In precisely the same manner it may happen that no proof may be attainable against the shipbuilder (which

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