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the territory or jurisdiction of the United States, enlist or enter himself, or hire or retain 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 as a marine or seaman on board of any vessel of war, letter of marque, or privateer, every person so offending shall be deemed guilty of a high misdemeanor, and shall be fined not exceeding one thousand dollars and be imprisoned not exceeding three years: Provided, That this act shall not be construed to extend to any subject or citizen of any foreign prince, state, colony, district, or people who shall transiently be within the United States and shall, on board of any vessel of war, letter of marque, or privateer which at the time of its arrival within the United States was fitted and equipped as such, enlist or enter himself, or hire or retain another subject or citizen of the same foreign prince, state, colony, district, or people on board such vessels of war, letter of marque, or privateer, if the United States shall then be at peace with such foreign prince, state, colony, district, or people.

SEC. 3. And be it further enacted, 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 cruise 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 misdemeanor, 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.

SEC. 4. And be it further enacted, That if any citizen or citizens of the United States shall, without the limits thereof, fit out and arm, or attempt to fit out and arm, or procure to be fitted out and armed, or shall knowingly aid or be concerned in the furnishing, fitting out, or arming, any private ship or vessel of war, or privateer, with intent that such ship or vessel shall be employed to cruise, or commit hostilities upon the citizens of the United States or their property, or shall take the command of or enter on board of any such ship or vessel for the intent aforesaid, or shall purchase any interest in any such ship or vessel with a view to share in the profits thereof, such person so offending shall be deemed guilty of a high misdemeanor and fined not more than ten thousand dollars and imprisoned not more than ten years; and the trial for such offense, if committed without the limits of the United States, shall be in the district in which the offender shall be apprehended or first brought.

SEC. 5. And be it further enacted, That if any person shall, within the territory or jurisdiction of the United States, increase or augment, or procure to be increased or augmented, or shall knowingly be concerned in increasing or augmenting the force of any ship of war, cruiser, or other armed vessel which at the time of her arrival within

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three years.

the United States was a ship of war, cruiser, or armed vessel in the service of any foreign prince or state, or of any colony, district, or people, or belonging to the citizens or subjects of any such prince or state, colony, district, or people, with whom the United States are at peace, by adding to the number of the guns of such vessel, or by changing those on board of her for guns of a larger caliber, or by the addition thereto of any equipment solely applicable to war, every person so offending shall be deemed guilty of a high misdemeanor, shall be fined not more than one thousand dollars and be imprisoned not more than one year.

SEC. 6. And be it further enacted, That if any person shall, within the territory or jurisdiction 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 dominions of any foreign prince or state, or of any colony, district, or people with whom the United States are (at) peace, every person so offending shall be deemed guilty of a high misdemeanor, and shall be fined not exceeding three thousand dollars and imprisoned not more than

SEC. 7. And be it further enacted, That the district courts shall take cognizance of complaints, by whomsoever instituted, in cases of captures made within the waters of the United States, or within a marine league of the coasts or shores thereof.

SEC. 8. And be it further enacted, That in every case in which a vessel shall be fitted out and armed, or attempted to be fitted out and armed, or in which the force of any vessel of war, cruiser, or other armed vessel shall be increased or augmented, or in which any military expedition or enterprise shall be begun or set on foot contrary to the provisions and prohibitions of this act; and in every case of the capture of a ship or vessel within the jurisdiction or protection of the United States as before defined, 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, district, or people, in every such case it shall be lawful for the President of the Ūnited States, or such other person as he shall have empowered 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 detaining any such ship or vessel, with her prize or prizes, if any, in 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 restoration shall have been adjudged, and also for the purpose of preventing the carrying on of any such expedition or enterprise from the territories or jurisdiction of the United States against the territories or dominions of any foreign prince or state, or any colony, district, or people with whom the United States are at peace.

SEC. 9. And be it further enacted, That it shall be lawful for the President of the United States, or such person as he shall empower for that purpose, to employ such part of the land or naval forces of the United States, or of the militia thereof, as shall be necessary to compel any foreign ship or vessel to depart the United States in all cases in which, by the laws of nations or the treaties of the United States, they ought not to remain within the United States.

SEC. 10. And be it further enacted, That the owners and consignees of every armed ship or vessel sailing out of the ports of the United States, belonging wholly or in part to citizens thereof, shall enter into bond to the United States, with sufficient sureties, prior to clearing out the same, in double the amount of the value of the vessel and cargo on board, including her armament, that the said ship or vessel shall not be employed by such owners to cruise 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.

SEC. 11. And be it further enacted, That the collectors of the customs be, and they are hereby, respectively authorized and required to detain any vesset manifestly built for warlike purposes and about to depart the United States, of which the cargo shall principally consist of arms and munitions of war, when the number of men shipped on board, or other circumstances, shall render it probable that such vessel is intended to be employed by the owner or owners to cruise or commit hostilities upon 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, until the decision of the President be had thereon, or until the owner or owners shall give such bond and security as is required of the owners of armed ships by the preceding section of this act.

SEC. 12. And be it further enacted, That the act passed on the fifth day of June, one thousand seven hundred and ninety-four, entitled, “An act in addition to the act for the punishment of certain crimes against the United States,” continued in force for a limited time by the act of the second of March, one thousand seven hundred and ninety-seven, and perpetuated by the act passed on the twenty-fourth of April, one thousand eight hundred, and the act passed on the fourteenth day of June, one thousand seven hundred and ninety-seven, entitled, "An act to prevent citizens of the United States from privateering against nations in amity with or against the citizens of the United States," and the act passed the third day of March, one thousand eight hundred and seventeen, entitled, “An act more effectually to preserve the neutral relations of the United States,” be, and the same is hereby, severally repealed: Provided, nevertheless, That persons having heretofore offended against any of the acts aforesaid may be prosecuted, convicted, and punished as if the same were not repealed; and no forfeiture heretofore incurred by a violation of any of the acts aforesaid shall be affected by such repeal.

SEC. 13. And be it further enacted, That nothing in the foregoing act shall be construed to prevent the prosecution or punishment of treason, or any piracy defined by the laws of the United States.

(Leg. Jour., p. 304; Stat. L., vol. 3, p. 447.)

SEVENTEENTH CONGRESS, FIRST SESSION.

May 8, 1822.

On the message of the President of the United States concerning the duties on English hammered iron, Mr. King, of New York, reported as follows:

That owing to the late period of the session when the subject was referred to the committee they have not been able to give that attention to the same which its importance demands; they therefore recommend that the committee be discharged from the further consideration of the message and letters from the envoy of England, and that the same be referred to the next session of the Senate.

(Annals, 17th Cong., 1st sess., 464.) )

May 8, 1822.

As to the correspondence between the Secretary of State and the chargés des affaires of Sweden, Mr. King, of New York, reported as follows:

That as the Secretary of State has sufficiently explained the laws of the United States on the subject of his correspondence with the chargés des affaires of Sweden, the committee be discharged from further consideration of the message and correspondence referred to them.

(Annals, 17th Cong., 1st sess., 464.)

[See pp. 11, 16, 25, 119, 120, 199, 276.]

EIGHTEENTH CONGRESS, SECOND SESSION.

January 10, 1825.

[Senate Report No. 9.] Mr. Barbour, from the Committee on Foreign Relations, submitted a report on so much of the President's message as relates to piracies:

That our commerce for years has been harassed and the lives of our citizens destroyed by pirates, issuing from the colonies of Spain in the West Indies, is a fact derived not only from the message of the President, but is of universal notoriety. These outrages have been so long and so often repeated and marked with such atrocious circumstances that a detail of the particular cases would be as impracticable as unnecessary. Our Government, with a view to protect our citizens, has resorted to the means within their power, by stationing a naval force near the places where the pirates resort; a measure also pursued by other powers. Every effort heretofore has been unavailing to put an end to these atrocities. These desperadoes, acquiring confidence from impunity, becoming more ferocious from habit, and multiplying by recruits from the most abandoned of other nations, threaten the most disastrous mischiefs, justly alarming to that highly valuable and most respectable portion of our fellow-citizens whose pursuits are on the high seas. It is manifest, as well from facts derived from other sources as from the message of the President, that the continuance of this evil is ascribable to the asylum afforded the banditti in the colonies of Spain. The Government of the United States, cherishing the most amicable disposition toward Spain, has presented the subject with great earnestness to the Spanish Government, demanding reparation for the past and security for the future. To these reiterated remonstrances no answer was returned till very recently, and to this day all that has been obtained is a promise of a satisfactory answer to the applications of the Government of the United States, although Spain has been solemnly warned that if she did not promptly acquit herself of her obligations to us on this subject our Government would be constrained from the nature of the outrages to become its own avenger, and, availing itself of its own resources, protect the commerce and lives of the American citizens from destruction. In the same spirit of conciliation an appeal has been made to the local authorities, accompanied with a request that if from weakness they were unable to exterminate the hordes of banditti who take shelter from pursuit within their territories, that permission might be given our forces to pursue them on land. This has been denied on the vain punctilio of national dignity. The posture in which Spain now stands is that of connivance in these injuries or incapacity to prevent them. “A sovereign who refuses to cause reparation to be made of the damage caused by his subject, or to punish the guilty, or in short to deliver him up, renders himself an accomplice in the injury and becomes responsible for it.” If the committee were of opinion that the refusal on the part of Spain was willful, and not the result of inability, they would, with a full view of all the consequences which the measure involves, at once recommend an appeal to the last resort of nations against Spain and all her dependencies, but believing as they do that courtesy requires that her refusal to do us justice should be placed on the ground of inability-an inability resulting from causes which the committee intentionally forbear to enumerate-they content themselves with recommending only such measures as are believed to be indispensable effectually to reach the mischief. And hence they beg leave to present a bill with suitable provisions for the end designed.

(Am. St. Pap., vol. 5, p. 489.)

[See pp. 78, 199, 219.] TWENTIETH CONGRESS, FIRST SESSION.

April 28, 1828.

[Senate Report No. 178.] Mr. Tazewell made the following report:

The Committee on Foreign Relations, to whom were referred sundry petitions and memorials, and the resolutions of several legislatures of different States in relation to the colonization of persons of color, have had all the said documents under their consideration, and now beg leave to report:

That they have not been able to discover, in the several petitions, memorials, and resolutions to them referred, any precise and common object which the different applicants desire should be accomplished by the exertion of the legislative powers of Congress. The memorial of the American society for colonizing the free people of color of the United States recommends generally to the aid and patronage of the Government the plan of that society for promoting its objects by colonizing the free people of color, without indicating in what particular mode they wish the aid and patronage so solicited to be exerted or furnished. This general recommendation of the American Colonization Society is supported by a resolution of the legislature of the State of Ohio as general as itself. The petition of sundry citizens of the State of Pennsylvania is somewhat more precise. This prays that a suitable asylum may be provided by the United States, somewhere on the coast of Africa, for the reception of such free persons of color as

S. Doc. 231, pt 6-3

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