CHAP. III.] KENNETT v. CHAMBERS. 441 The following is an extract from the judgment of the Vice-Chan cellor : "But there is this further consideration; that this is represented to have been a contract, by the plaintiff, to purchase the obligations of persons who were stated to be the Government of the Federal Republic of Central America. "I confess that, after all I have heard fall from the mouth of Lord ELDON, on the subject of persons representing themselves to be Governments of Foreign Countries, which this Country had not acknowledged to be Governments, and which the courts cannot acknowledge them to be, till the Government of the country has recognized them to be so, it does appear to me that this is a contract entered into by the plaintiff for the purpose of purchasing that which, by the law of the land, he could not purchase. I think that the contract, being to purchase securities from these persons, who, as the plaintiff says, were the Government of Guatemala, cannot be considered as being a contract which this court ought to sanction. The whole case being founded on that, I do not think that I could give relief to the party, who builds his case for relief entirely on a transaction originating in such a manner; and it appears to me that, on that ground, I must allow this demurrer." KENNETT v. CHAMBERS. SUPREME COURT OF THE UNITED STATES, 1852. (14 Howard, 38.) Held, that a contract to raise money to aid the Texans in their war with Mexico, Texan independence not then being recognized by the United States, was invalid. The following is an extract from the opinion of the court, delivered by Mr. Chief Justice TANEY :— "To this bill the respondent (Chambers) demurred, and the principal question which arises on the demurrer is, whether the contract was a legal and a valid one, and such as can be enforced by either party in a court of the United States. It appears on the face of it, and by the averments of the appellants in their bill, that it was made in Cincinnati, with a general in the Texan army, who was then engaged in raising, arming, and equipping volunteers for Texas, to carry on hostilities with Mexico; and that one of the inducements of the appellants, in entering into this contract and advancing the money, was to assist him in accomplishing these objects. "The District Court decided that the contract was illegal and void, and sustained the demurrer and dismissed the bill; and we think that the decision was right. "The validity of this contract depends upon the relation in which this country then stood to Mexico and Texas; and the duties which these relations imposed upon the government and citizens of the United States. "Texas had declared itself independent a few months previous to this agreement. But it had not been acknowledged by the United States; and the constituted authorities charged with our foreign relations, regarded the treaties we had made with Mexico as still in full force, and obligatory upon both nations. "By the treaty of limits, Texas had been admitted by our government to be a part of the Mexican territory; and by the first article of the treaty of amity, commerce, and navigation, it was declared, 'that there should be a firm, inviolable, and universal peace, and a true and sincere friendship between the United States of America and the United Mexican States, in all the extent of their possessions and territories, and between their people and citizens respectively, without distinction of persons or place.' "These treaties, while they remained in force, were, by the Constitution of the United States, the supreme law, and binding not only upon the government, but upon every citizen. No contract could lawfully be made in violation of their provisions. 'Undoubtedly, when Texas had achieved her independence, no previous treaty could bind this country to regard it as a part of the Mexican territory. But it belonged to the government, and not to individual citizens, to decide when that event had taken place. And that decision, according to the laws of nations, depended upon the question whether she had or had not a civil government in successful operation, capable of performing the duties and fulfilling the obligations of an independent power. It depended upon the state of the fact, and not upon the right which was in contest between the parties. "And the President, in his message to the Senate, of December 22, 1836, in relation to the conflict between Mexico and Texas, which was still pending, says: All questions relative to the government of foreign nations, whether of the old or the new world, have been treated by the United States as questions of fact only, and our predecessors have cautiously abstained from deciding upon them until the clearest evidence was in their possession, to enable them not only to decide correctly, but to shield their decision from every unworthy imputation.' Senate Journal of 1836, 37, p. 54. 66 * * We, therefore, hold this contract to be illegal and void, and affirm the decree of the District Court." Mr. Justice DANIEL and Mr. Justice GRIER dissented. (b) Ships, Munitions, and other Supplies. UNITED STATES v. TRUMBULL. U. S. DISTRICT COURT FOR CALIFORNIA, 1891. (48 Federal Reporter, 99.) Held, that it is not in contravention of the neutrality laws of the United States, to deliver to a vessel belonging to Chilean insurgents, in our waters, arms and ammunitions. Indictment of Trumbull and Burt for violation of neutrality laws. The opinion was delivered by Ross, J.: "The indictment in this case contains 11 counts, the first 4 of which, in effect, charge that on the 9th day of May, 1891, at a certain designated place in this judicial district, near the island of San Clemente, the defendants unlawfully attempted to fit out and arm, fitted out and armed, procured to be fitted out and armed, and were knowingly concerned in furnishing, fitting out, and arming, a certain steamship called the Itata, which was then and there in the possession and under the control of certain citizens of the republic of Chile, known as the Congressional Party,' and who were then and there, in said republic, organized and banded together in great numbers in armed rebellion and attempted revolution, and carrying on war against the republic of Chile, and the government thereof, with which the United States, then and at the time of the finding of the indictment were at peace, with intent that said ship should be employed in the service of the aforesaid Congressional Party, to cruise or commit hostilities against the then established and recognized government of Chile, with which this government then was at peace, contrary to the provisions of section 5283 of the Revised Statutes of the United States, which section is as follows: "Every person who, within the limits of the United States, fits out and arms, or attempts to fit out and arm, or procures to be fitted out and armed, or knowingly is concerned in the furnishing, fitting out, or arming of, any vessel, with intent that such 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 who issues and delivers a commission within the territory or jurisdiction of the United States, for any vessel, to the intent that she shall be so employed, 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 vessel, her tackle, apparel, and furniture, together with all materials, arms, ammunition, and stores, which may have been procured for the building or equipment thereof, shall be forfeited, one-half to the use of the informer, and the other half to the use of the United States.' 6 "The next three counts of the indictment, in effect, charge that the defendants, at the same time and place, increased, unlawfully procured to be increased, and were knowingly concerned in increasing, the force of a certain ship of war and armed steamship called Itata, which arrived at the port of San Diego in this judicial district on the 2d day of May, 1891, and was at the time of her said arrival, and to and including the 9th day of May, 1891 (during which time she remained within the jurisdiction of the United States, and of this court), a ship of war in the service of a certain foreign people called the Congressional Party,' then citizens of and residing in the republic of Chile, and who were then and there banded together in large numbers, in open-armed rebellion, and attempted forcible revolution, and making war against, and being at war with a certain foreign state, namely, the republic of Chile, and the lawful government thereof, with which the United States then, and at the finding of the indictment, were at peace, by adding to the force of said armed vessel an equipment solely applicable to war, viz., by adding to her equipment 10,000 rifles, 10,000 bayonets, and 500,000 cartridges therefor, contrary to the provisions of Section 5285 of the Revised Statutes of the United States, which is as follows :— "Every person who, within the territory or jurisdiction of the United States. increases or augments, or procures to be increased or augmented, or knowingly is 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 the United States, was a ship of war, or cruiser, or armed vessel, in the service of any foreign prince or state, or of any colony, district, or people, or belonging to the subjects or citizens of any such prince or state, colony, district or people, the same being at war with any foreign prince or state, or of any 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 adding thereto any equipment solely applicable to war, shall be deemed guilty of a high misdemeanor, and shall be fined not more than one thousand dollars, and imprisoned not more than one year.' "The last four counts of the indictment, in effect, charge that the defendants, at the same time and place, began, set on foot, provided the means for, and prepared the means for, a certain military expedition to be carried on from thence against the territory and dominions of a foreign state, namely, the republic of Chile, the United States, then and there, and at the time of the finding of the indictment, being at peace with said republic,-contrary to the provisions of section 5286 of the Revised Statutes of the United States, which is as follows: “Every person who, within the territory of the United States, begins or sets on foot, or provides or prepares 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, shall be deemed guilty of a high misdemeanor, and shall be fined not exceeding three thousand dollars, and imprisoned not more than three years.' "The evidence introduced by the United States in support of the indictment being concluded, the court is asked by the defendants to direct the jury to return a verdict of not guilty, on the ground that the evidence introduced on the part of the prosecution is insufficient to sustain any count of the indictment. For the purposes of the motion, every fact that the evidence tends to establish must, of course, be considered as proven. "Briefly stated, these facts are as follows: In January of this year the steamship Itata was an ordinary merchant vessel. Early in that month she was captured in the harbor of Valparaiso, Chile, by the people designated in this indictment as the Congressional Party,' and who were then engaged in an effort to overthrow the then established and recognized government of Chile, of which Balmaceda was the head. The Itata was by the Congressional Party put in command of one of its officers, and was used in their undertaking as a transport to convey troops, provisions, and munitions of war, and also as an hospital ship, and one in which to confine prisoners. Four small cannon were also put upon her decks and she carried a jack and pennant. Some time prior to the following April the defendant Trumbull came to the United States as an agent of the Congressional Party, and about the month of April went to the city of New York, and there bought from one of the large mercantile firms. of that city, dealing in such matters, 5,000 rifles and 2,000,000 cartridges therefor, with the intention and for the purpose of sending them to the Congressional Party in Chile for use in their efforts to overthrow the Balmacedan government. The sale and purchase of |