under that clause a penalty would be inflicted on an American subject who quitted these shores in order to serve in the French army. The circumstance of the court of exchequer having decided the Alabama case against the Crown was not a sufficient reason for transferring the jurisdiction in such cases to the judge of the admiralty court. In conclusion, he expressed approval of the bill generally, but hoped it would be so amended as to keep the country thoroughly neutral when it was so designed by the government.

66

Mr. VERNON HARCOURT was glad that an atmosphere of neutrality at length pervaded the House. He rejoiced at the appearance of this measure, notwithstanding the tardy action of the government respecting the matter with which it dealt. No one would differ from Lord Russell's dictum, that the case of the Alabama was a scandal to the law of this country, and that those concerned in that disastrous fraud committed one of the most unpatriotic acts of which an Englishman had ever been found guilty. He was glad to hear from the attorney general that the bill could not be regarded as a bill founded upon international obligations; it went far beyond any such obligations; it was a bill to restrain private warfare against a nation with which the sovereign was at peace. He was sure the honorable and learned member for Richmond and the vicepresident of the committee of council would agree with him in the opinion that it would have been better if the preventive portion of the bill had been enlarged, and that so much had not been made of the punitive portion, because punishment was useful only as a deterrent, but prevention was of far greater consequence. Besides, if great weight was placed upon the punitive portions of the bill, foreign powers would be continually complaining of our not prosecuting sufficiently. The action of a jury, too, was necessary in the case of punishment, and juries might be unwilling to give a verdict against a prisoner. He regretted the bill had not been introduced earlier, that it might be revised by a select committee. Among other things he noticed with regret that the power held by the executive to dispense with the operation of the foreign enlistment act had not been dispensed with. This power would enable a government, as was said by Canning, to sneak the country into a war which they had not the courage to declare," a most dangerous power for any government to possess. As regards clause 5, he agreed with the honorable and learned member for Coventry that we should not control foreigners as regards their object in leaving this country. Clause 6, which proposed to punish those who induced others to enlist in a foreign army, was a very useful one, and was directed against crimps and others who got hold of innocent sailors, and when they got them to sea endeavored to persuade them to sign articles. That clause, however, concluded by a singular paragraph, to the effect that if a man taken abroad should ultimately enlist in a foreign service it should be deemed conclusively that he quitted her Majesty's dominions with the intent to accept as engagement in the military or naval service of such foreign state. In his opinion, the clause would be sufficiently strong without that paragraph. The eighth clause had reference to the illegal building of ships, and, in his opinion, it was open to considerable difficulty. If the gov ernment took upon itself to forbid the building of vessels of any particular description they would make themselves responsible for every keel laid in this country, and the representatives of foreign nations would be constantly urging them to interfere in a manner calculated to materially check our ship-building trade, on the ground that nearly every vessel that was being built might be intended for a purpose adverse to the interests of the country in whose service they were. The private ship building trade in this country was a most important one, as it afforded us in time of war splendid dockyards, which cost us nothing to maintain in time of peace, and he warned the House against passing, he would not say in a moment of panic, but without a sufficient amount of consideration, any measure which was calculated to drive away that trade, and thereby to give to foreign nations the advantages which it at present afforded us in the shape of the private dock-yards to which he had alluded. All that was necessary in order to carry out the intention of the measure was to prevent the dispatch of the vessel when built, and not to prevent it being built, and he thought that that object was fully provided for by another clause in the bill. Under clause 7, which supplemented the provisions of clause 6, if any American were to leave this country for America by one of the Cunard Company's ships, and were subsequently to enter the service of any of the states of South America, the captain of the ship so carrying him would be liable to two years' imprisonment. That would be stretching the law to a most injudicious extent, because he did not think that Parliament had a right to inquire into the motives of any foreigner when he left these shores, and because he thought that it was absurd to say that the captain of a vessel conveying him should be responsible for what was concealed in the mind of the foreigner during the voyage. He trusted, therefore, that the honorable and learned gentleman would consent to strike that clause out of the bill. The attorney general had stated that it was his intention to strike out clanse 11, which was intended to prevent the hospitality of our ports being extended to vessels that had illegally left this country, on the ground that he thought its object would be better carried out by means of a regulation to be enforced by the executive. He entirely agreed with the necessity that existed for the enforcement of some such regnla

tion, because he believed that had the Alabama been excluded from our ports after she had escaped from this country, the difficulties that had arisen between this country and America in reference to that vessel would have been avoided. He thought that if the alterations he had suggested were made in the measure it would be a far better bill than it was at present. [Hear.]

Sir ROUNDELL PALMER was glad that the House was so nearly agreed upon the importance of and the necessity for passing this measure. It was most desirable that the statement of the attorney general, that a nation was not bound by international law to legislate upon this subject, should be thoroughly understood and generally known. In fact, it was only in this country and in the United States that such legislation had occurred, although no doubt in many continental nations there were elastic powers in force which enabled the various governments to deal with cases of the description referred to in the bill, when they happened to arise. All subjects of the country owed to the government the duty of being neutral when the state was neutral, and it was the duty of the state to arm itself with powers to repress any attempt on the part of private citizens to oppose the public will to be neutral. His honorable and learned friend the member for Oxford had suggested that the House should seize the opportunity of doing what was not done by the existing foreign enlistment act, and should take from the Crown the power of granting a license to do any acts which, under the foreign enlistment act, would be illegal if done without the license of the Crown; but to legislate to deprive the Crown of the power of taking a single step of that kind, without going to war altogether, would be imprudent and foreign to the purposes of the present bill, for there might be many cases in which it would be inexpedient to enter upon war, though the state did not assume an attitude of strict neutrality. A matter of high policy of that kind ought not to be dealt with by a side-wind in such a bill as the present. The fifth clause related to persons leaving this country to enlist in the service of a belligerent whose subjects they were not, and if it were expedient to retain such a clause, it was also expedient that the Crown should have the power of relaxing its operation. And so with regard to the important case of ship-building; if a power of relaxation was not given to the Crown, there would be involved in the penalties of the bill any person who took a contract to build a ship before the commencement of war, and yet might be willing afterward to go to the government and ask for a license, undertaking, at the same time, not to allow the ship to leave the country. With regard to the seventh clause, they must consider not merely the case of the solitary American alluded to by the honorable member from Oxford, but must look at the larger case. There was in this country a great number of foreigners of various nations, and it could not be maintained that the principle of neutrality would be observed if a recruiting sergeant were allowed to go through the country to enlist persons for the service of a foreign state of which they were not the subjects. With regard to the clause respecting illegal ship-building, he was of opinion that if the power conferred by that clause were not given the bill would be emasculated. He thought it of infinitely greater importance that all ship-builders and traders in this country should obey the law with respect to the neutrality of their country than that they should have a few contracts on their hands more or less. [Hear, hear.]

Mr. SAMUDA feared that much mischief would be done to the large and important ship-building industry of the country if this bill were allowed to pass in its present form. He thought the whole objects of the bill might be obtained by the fourth subsection of the eighth clause, omitting all the others, avoiding all restrictions on shipbuilding, and only requiring stringent securities that the vessels should not be dispatched without a certificate from the foreign secretary.

Mr. RATHBONE thanked the government, in the name of the mercantile community, for introducing this bill, which only carried out the policy which the ship-owners of Liverpool pressed on the government of the day very soon after the escape of the Alabama. The mercantile community would give their utmost support to the government in maintaining a faithful and true neutrality.

Mr. BOURKE supported the second reading of the bill, but regretted that it had not been introduced at an earlier period of the session, and that we should now have the appearance of legislating to meet special circumstances, though the provisions had been matured in a time of profound peace. At the same time Earl Russell was among the many distinguished persons who had formerly been of opinion that the foreign enlistment act was sufficient for the purpose. The practice of neutrality was in many respects very embarrassing from the fact that this country had become the arsenal, dock-yard, and workshop for every nation in the world; and the man who delivered a thousand rifles to one of the belligerent nations infringed the principle of strict neutrality as much, in his opinion, as the man who built them a ship. While, therefore, he agreed that further legislation was necessary, he recommended the government to rely more on the preventive than the punitive clauses, and not to attach a brand of criminality to the acts of ship-owners, while others were allowed to go free.

Lord BURY could not see in the fact that war was raging on the continent any reason for not amending our municipal law in points where this was notoriously defective.

No. 121.

British foreign enlistment act, passed August 9, 1870, (received under cover from the United States legation at London, August 24, 1870.)

AN ACT to regulate the conduct of her Majesty's subjects during the existence of hostilities between foreign states with which her Majesty is at peace. August 9, 1870.

Whereas it is expedient to make provision for the regulation of the conduct of her Majesty's subjects during the existence of hostilities between foreign states with which her Majesty is at peace

Be it enacted by the Queen's most excellent Majesty, by and with the advice and consent of the lords spiritual and temporal, and commons, in this present Parliament assembled, and by the authority of the same, as follows:

PRELIMINARY.

First. This act may be cited for all purposes as "The foreign enlistment act, 1870." Second. This act shall extend to all the dominions of her Majesty, including the adjacent territorial waters.

Third. This act shall come into operation in the United Kingdom immediately on the passing thereof, and shall be proclaimed in every British possession by the governor thereof as soon as may be after he receives notice of this act, and shall come into operation in that British possession on the day of such proclamation, and the time at which this act comes into operation in any place is, as respects such place, in this act referred to as the commencement of this act.

ILLEGAL ENLISTMENT.

Fourth. If any person, without the license of her Majesty, being a British subject, within or without her Majesty's dominions, accepts or agrees to accept any commission or engagement in the military or naval service of any foreign state at war with any foreign state at peace with her Majesty, and in this act referred to as a friendly state, or whether a British subject or not within her Majesty's dominions, induces any other person to accept or agree to accept any commission or engagement in the military or naval service of any such foreign state as aforesaid, he shall be guilty of an offense against this act, and shall be punishable by fine and imprisonment, or either of such punishments, at the discretion of the court before which the offender is convicted; and imprisonment, if awarded, may be either with or without hard labor.

Fifth. If any person, without the license of her Majesty, being a British subject, quits or goes on board any ship with a view of quitting her Majesty's dominions, with intent to accept any commission or engagement in the military or naval service of any foreign state at war with a friendly state, or, whether a British subject or not, within her Majesty's dominions, induces any other person to quit or to go on board any ship with a view of quitting her Majesty's dominions with the like intent, he shall be guilty of an offense against this act, and shall be punishable by fine and imprisonment, or either of such punishments, at the discretion of the court before which the offender is convicted; and imprisonment, if awarded, may be either with or without hard labor. Sixth. If any person induces any other person to quit her Majesty's dominions or to embark on any ship within her Majesty's dominions, under a misrepresentation or false representation of the service in which such person is to be engaged, with the intent or in order that such person may accept or agree to accept any commission or engagement in the military or naval service of any foreign state at war with a friendly state, he shall be guilty of an offense against this act, and shall be punishable by fine and im prisonment, or either of such punishments, at the discretion of the court before which the offender is convicted; and imprisonment, if awarded, may be either with or without hard labor.

Seventh. If the master or owner of any ship, without the license of her Majesty. knowingly either takes on board, or engages to take on board, or has on board such ship within her Majesty's dominions any of the following persons, in this act referred to as illegally enlisted persons-that is to say: 1. Any person who, being a British subject within or without the dominions of her Majesty, has, without the license of her Majesty, accepted or agreed to accept any commission or engagement in the military or naval service of any foreign state at war with any friendly state. 2. Any person, being a British subject, who, without the license of her Majesty, is about to quit her Majesty's dominions with intent to accept any commission or engagement in the mili tary or naval service of any foreign state at war with a friendly state. 3. Any person who has been induced to embark under a misrepresentation or false representation of the service in which such person is to be engaged-with the intent or in order that such person may accept or agree to accept any commission or engagement in the mili

tary or naval service of any foreign state at war with a friendly state, such master or owner shall be guilty of an offense against this act, and the following consequences shall ensue; that is to say: 1. The offender shall be punishable by fine and imprisonment, or either of such punishments, at the discretion of the court before which the offender is convicted; and imprisonment, if awarded, may be either with or without hard labor; and 2. Such ship shall be detained until the trial and conviction or acquittal of the master or owner, and until all penalties inflicted on the master or owner have been paid, or the master or owner has given security for the payment of such penalties to the satisfaction of two justices of the peace, or other magistrate or magistrates having the authority of two justices of the peace; and 3. All illegally enlisted persons shall immediately on the discovery of the offense be taken on shore, and shall not be allowed to return to the ship.

ILLEGAL SHIP-BUILDING AND ILLEGAL EXPEDITIONS.

Eighth. If any person within her Majesty's dominions, without the license of her Majesty, does any of the following acts-that is to say: 1. Builds or agrees to build, or causes to be built any ship with intent or knowledge, or having reasonable cause to believe that the same shall or will be employed in the military or naval service of any foreign state at war with any friendly state; or, 2. Issues or delivers any commission for any ship with intent or knowledge, or having reasonable cause to believe that the same shall or will be employed in the military or naval service of any foreign state at war with any friendly state; or, 3. Equips any ship with intent or knowledge, or having reasonable cause to believe that the same shall or will be employed in the military or naval service of any foreign state at war with any friendly state; or, 4. Dispatches, or causes or allows to be dispatched, any ship with intent or knowledge, or having reasonable cause to believe that the same shall or will be employed in the military or naval service of any foreign state at war with any friendly state-such person shall be deemed to have committed an offense against this act, and the following consequences shall ensue: 1. The offender shall be punishable by fine and imprisonment, or either of such punishments, at the discretion of the court before which the offender is convicted; and imprisonment, if awarded, may be either with or without hard labor. 2. The ship in respect of which any such offense is committed, and her equipment, shall be forfeited to her Majesty: Provided, That a person building, causing to be built, or equipping a ship in any of the cases aforesaid, in pursuance of a contract made before the commencement of such war as aforesaid, shall not be liable to any of the penalties imposed by this section in respect of such building or equipping if he satisfies the conditions following; that is to say: 1. If forthwith, upon a proclamation of neutrality being issued by her Majesty, he gives notice to the secretary of state that he is so building, causing to be built, or equipping such ship, and furnishes such particulars of the contract and of any matters relating to, or done, or to be done under the contract as may be required by the secretary of state. 2. If he gives such security, and takes and permits to be be taken such other measures, if any, as the secretary of state may prescribe for insuring that such ship shall not be dispatched, delivered, or removed without the license of her Majesty until the termination of such war as aforesaid.

Ninth. Where any ship is built by order of or on behalf of any foreign state when at war with a friendly state, or is delivered to or to the order of such foreign state, or any person who to the knowledge of the person building is an agent of such foreign state, or is paid for by such foreign state or such agent, and is employed in the military or naval service of such foreign state, such ship shall, until the contrary is proved, be deemed to have been built with a view to being so employed, and the burden shall lie on the builder of such ship of proving that he did not know that the ship was intended to be so employed in the military or naval service of such foreign state.

Tenth. If any person within the dominions of her Majesty, and without the license of her Majesty, by adding to the number of the guns, or by changing those on board for other guns or by the addition of any equipment for war, increases or augments, or procures to be increased or augmented, or is knowingly concerned in increasing or angmenting the warlike force of any ship which at the time of her being within the dominions of her Majesty was a ship in the military or naval service of any foreign state at war with any friendly state, such person shall be guilty of an offense against this act, and shall be punishable by fine and imprisonment, or either of such punishments, at the discretion of the court before which the offender is convicted; and imprisonment, if awarded, may be either with or without hard labor.

Eleventh. If any person within the limits of her Majesty's dominions, and without the license of her Majesty, prepares or fits out any naval or military expedition to proceed against the dominions of any friendly state, the following consequences shall ensue: 1. Every person engaged in such preparation or fitting out, or assisting therein, or employed in any capacity in such expedition, shall be guilty of an offense against this act, and shall be punishable by fine and imprisonment, or either of such punishments, at the discretion of the court before which the offender is convicted; and im

prisonment, if awarded, may be either with or without hard labor. 2. All ships and their equipments, and all arms and munitions of war, used in or forming part of such expedition, shall be forfeited to her Majesty.

Twelfth. Any person who aids, abets, counsels, or procures the commission of any offense against this act shall be liable to be tried and punished as a principal offender. Thirteenth. The term of imprisonment to be awarded in respect of any offense against this act shall not exceed two years.

ILLEGAL PRIZE.

Fourteenth. If, during the continuance of any war in which her Majesty may be neutral, any ship, goods, or merchandise captured as prize of war within the territorial jurisdiction of her Majesty, in violation of the neutrality of this realm, or captured by any ship which may have been built, equipped, commissioned, or dispatched, or the force of which may have been augmented, contrary to the provisions of this act, are brought within the limits of her Majesty's dominions by the captor, or any agent of the captor, or by any person having come into possession thereof with knowledge that the same was prize of war so captured as aforesaid, it shall be lawful for the original owner of such prize, or his agent, or for any person authorized in that behalf by the government of the foreign state to which such owner belongs, to make application to the court of admiralty for seizure and detention of such prize, and the court shall, on due proof of the facts, order such prize to be restored.

Every such order shall be executed and carried into effect in the same manner, and subject to the same right of appeal, as in case of any order made in the exercise of the ordinary jurisdiction of such court; and in the mean time and until a final order has been made on such application the court shall have power to make all such provisional and other orders as to the care or custody of such captured ship, goods, or merchandise, and (if the same be of perishable nature, or incurring risk of deterioration) for the sale thereof, and with respect to the deposit or investment of the proceeds of any such sale, as may be made by such court in the exercise of its ordinary jurisdiction.

GENERAL PROVISION.

Fifteenth. For the purposes of this act, a license by her Majesty shall be under the sign-manual of her Majesty, or be signified by order in council or by proclamation of her Majesty.

LEGAL PROCEDURE.

Sixteenth. Any offense against this act shall, for all purposes of and incidental to the trial and punishment of any person guilty of any such offense, be deemed to have been committed either in the place in which the offense was wholly or partly com mitted, or in any place within her Majesty's dominions in which the person who com mitted such offense may be.

Seventeenth. Any offense against this act may be described in any indictment of other document relating to such offense, in cases where the mode of trial requires such a description, as having been committed at the place where it was wholly or partly committed, or it may be averred generally to have been committed within her Majesty's dominions, and the venue or local description in the margin may be that of the county, city, or place in which the trial is held.

Eighteenth. The following authorities, that is to say, in the United Kingdom, any judge of a superior court, in any other place within the jurisdiction of any British court of justice, such court, or, if there are more courts than one, the court having the highest criminal jurisdiction in that place, may, by warrant or instrument in the nature of a warrant in this section included in the term "warrant," direct that any of fender charged with an offense against this act shall be removed to some other place in her Majesty's dominions for trial in cases where it appears to the authority granting the warrant that the removal of such offender would be conducive to the interests of justice, and any prisoner so removed shall be triable at the place to which he is removed, in the same manner as if his offense had been committed at such place.

Any warrant for the purposes of this section may be addressed to the master of any ship or to any other person or persons, and the person or persons to whom such warrant is addressed shall have power to convey the prisoner therein named to any place or places named in such warrant, and to deliver him, when arrived at such place or places, into the custody of any authority designated by such warrant.

Every prisoner shall, during the time of his removal under any such warrant as aforesaid, be deemed to be in the legal custody of the person or persons empowered to remove him.

Ninetenth. All proceedings for the condemnation and forfeiture of a ship, or ship and equipment, or arms and munitions of war, in pursuance of this act shall require the sanction of the secretary of state or such chief executive authority as is in this act