"sular officer of the United States. One of such duplicates shall "remain of record in the custody of the court or officer in whose presence it was made; the other shall be, without delay, trans"mitted to the department of State. 66 "Such renunciation, if declared by an original British subject, of "his acquired nationality as a citizen of the United States, shall, if "the declarant be in the United Kingdom of Great Britain and Ireland, be made in duplicate, in the presence of a justice of the peace; if elsewhere in her Britannic Majesty's dominions, in triplicate, in the presence of any judge of civil or criminal juris"diction, of any justice of the peace, or of any other officer for "the time being authorized by law, in the place in which the de"clarant is, to administer an oath for any judicial or other legal purpose; if out of her Majesty's dominions, in triplicate, in the presence of any officer in the diplomatic or consular service of her Majesty. 66 "Art. II.—The contracting parties hereby engage to communi"cate each to the other, from time to time, lists of the persons who, "within their respective dominions and territories, or before their "diplomatic and consular officers, have declared their renunciation "of naturalization, with the dates and places of making such de"clarations, and such information as to the abode of the declarants, "and the times and places of their naturalization, as they may have "furnished. “Art. III.—The present convention shall be ratified by her "Britannic Majesty, and by the President of the United States by "and with the advice and consent of the Senate thereof, and the "ratifications shall be exchanged at Washington as soon as may be "convenient. "In witness whereof, the respective plenipotentiaries have signed "the same, and have affixed thereto their respective seals. "Done at Washington, the twenty-third day of February, in the "year of our Lord one thousand eight hundred and seventy-one. (L.S.) "EDWD. THORNTON. "HAMILTON FISH. (L.S.) ANNEX (A.) "I, A.B., of (insert abode), being originally a citizen of the United "States of America (or a British subject), and having become "naturalized within the dominions of her Britannic Majesty as a "British subject (or as a citizen within the United States of America), "do hereby renounce my naturalization as a British subject (or "citizen of the United States); and declare that it is my desire to resume my nationality as a citizen of the United States (or British "subject). (Signed) "A.B. "Made and subscribed before me in (insert 187 "country or other subdivision, and state, province, colony, legation, or consulate), this (Signed) day of "E.F., "Justice of the Peace (or other title). (L.S.) "EDWD. THORNTON. "HAMILTON FISH. (L.S.) APPENDIX VI. PAGES 453 & 556. RIGHT OF JURISDICTION OVER PERSONS AND THINGS. "16 & 17 Vict. c. 107.-An Act to amend and consolidate the Laws "relating to the Customs of the United Kingdom and of the Isle of "Man, and certain Laws relating to Trade and Navigation and "the British Possessions. [20th August, 1853.] "SEC. 150.—The following goods may, by Proclamation or Order "in Council, be prohibited either to be exported or carried coast"wise: arms, ammunition, and gunpowder, military and naval "stores, and any articles which her Majesty shall judge capable of being converted into or made useful in increasing the quantity of "military or naval stores, provisions, or any sort of victual which may be used as food by man, and if any goods so prohibited shall "be exported from the United Kingdom, or carried coastwise or be "water-borne to be so exported or carried, they shall be forfeited." This section was repealed by the Customs Consolidation Act, 1876 (39 & 40 Vict. c. 36), but its provisions re-appear in the 138th section of that Act in almost identical terms, as follows: "Sec 138.-The following goods may, by Proclamation or Order "in Council, be prohibited either to be exported or carried coast"wise:-arms, ammunition, and gunpowder, military and naval "stores, and any articles which her Majesty shall judge capable of "being converted into or made useful in increasing the quantity of "military or naval stores, provisions, or any sort of victual which "may be used as food for man, and if any goods so prohibited shall "be exported or brought to any quay or other place to be shipped "for exportation from the United Kingdom or carried coastwise, or "be water-borne to be so exported or carried, they shall be for"feited." In accordance with the provisions of the first Statute, soon after the breaking out of the war with Russia (Saturday, February 18, 1854), the Queen issued the following Proclamation :— "VICTORIA R. "By the Queen-A Proclamation. "Whereas, by the Customs Consolidation Act, 1853, certain "goods may be prohibited either to be exported or carried coast 66 "wise; and whereas we, by and with the advice of our Privy "Council, deem it expedient and necessary to prohibit the goods "heinafter-mentioned either to be exported or carried coastwise; we, by and with the advice aforesaid, do hereby order and direct "that, from and after the date hereof, all ARMS, AMMUNITION and "GUNPOWDER, MILITARY and NAVAL STORES, and the following "articles-being articles which we have judged capable of being "converted into, or made useful in increasing the quantity of military or naval stores that is to say, marine engines, screw propellers, paddle wheels, cylinders, cranks, shafts, boilers, tubes for boilers, boiler plates, fire bars, and every article or any other component part of an engine or boiler, or any article whatsoever "which is, or can or may become applicable for the manufacture "of marine machinery, shall be and the same are hereby prohibited "either to be exported from the United Kingdom or carried coast"wise. แ "Given at our Court at Buckingham Palace, this eighteenth day of February, in the year of our Lord One thousand eight "hundred and fifty-four, and in the seventeenth year of our "reign. "GOD SAVE THE QUEEN." Act of Congress, with Notes (extracted from Dunlop's Digest of the American General Laws of the United States, ed. 1856. "Chap. 88.-An Act (u) in addition to the Act for the punishment "of certain crimes against the United States,' and to repeal the "Acts therein mentioned. [April 20, 1818.] "That if any citizen of the United States shall, within the territory or jurisdiction thereof, accept and exercise 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, the person so offending "shall be deemed guilty of a high misdemeanor, and shall be fined "not more than two thousand dollars, and shall be imprisoned not "exceeding three years. "Sec. 2.-That if any person shall, within the territory or juris"diction of the United States, enlist or enter himself, or hire or (u) This Act re-enacts the Acts of 1794, ch. 50, 1797, 58, and of 1817, ch. 58, with some addition, and by adding the words "colony, district, or people."-7 Wheat. 489, The Gran Para. The object of the laws was to put an end to the slave trade, and to prevent the introduction of slaves from foreign countries.-11 Peters, 73, United States v. the ship Garonne, United States v. Skiddy. Slaves of Louisiana taken by their owners to France in 1835, and brought back with their own consent, is not a case within the Acts.11 Peters, 73, United States v. Skiddy. Foreign ment Act. Fine commis- within the United States, &c. to serve foreign States. For any person in retain another person to enlist or enter himself, or to go beyond "the limits or jurisdiction of the United States with intent to be the United"enlisted or entered in the service of any foreign prince, state, States, enlisting others, &c. to serve a foreign state, &c. Fitting out or attempting to fit out. 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 (x), who is transiently within the United States, to enlist "or enter himself to serve such foreign prince, state, colony, district, "or people, on board such vessel 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.-That if any person shall within the limits of the United "States fit out and arm, or attempt (y) to fit out and arm, or procure "to be fitted out and armed, or shall knowingly be concerned in the furnishing, fitting out, or (2) arming of any ship or vessel with (a) The intent must be a fixed one, and not contingent, and formed within the United States, and before the vessel leaves the United States. -4 Peters, 445, 466, United States v. Quincy; 3 Dal. 307, Moodie v. The Alfred. The law does not prohibit the sailing of armed vessels belonging to our citizens, out of our ports, on bond, &c., that they will not be employed to commit hostilities against powers at peace with us.-6 Peters, 466; Johnson, J. The indictment charged the fitting out of the Bolivar with intent that she should be employed in the service of a foreign people, that is to say, in the service of the United Provinces of Rio de la Plata; held that, although the United Provinces were recognized by the United States, the charge, under the inuendo, was sufficiently laid.—6 Peters, 445, 467, United States v. Quincy. (y) An effort to fit out will satisfy the law.-6 Peters, 445–464. The vessel was fitted out and repaired at Baltimore, and, with some warlike munitions on bond given, sailed for St. Thomas, where she was fully armed, and cruised under a Buenos Ayrean commission. This was held to be an attempt.-6 Peters, 445, United States v. Quincy. (*) Either will constitute the offence.-6 Peters, 445, 464, United States v. Quincy. It is not necessary to charge the fitting and arming. The owner is liable under the Act, if he authorized and superintended the fitting and arming, without being personally present. It is not essential that the fitment should have been completed. It is not necessary that even equipment of a slave voyage should have been 66 66 66 "intent (a) that such ship or vessel shall be employed in the service "of any foreign prince or state (b), 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 (c) 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 66 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 informer. "States. 66 66 The vessel, &c., for feited. Half to the For citizens fitting out or &c., or aiding. arming, "Sect. 4.—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 know"ingly 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 cruize or commit hostili"ties 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 66 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 misde- To be tried 66 meanor, and fined not more than ten thousand dollars, and im- where ap"prisoned not more than ten years; and the trial for such offence, prehended, "if committed without the limits of the United States, shall be in "the district in which the offender shall be apprehended or first "brought. taken on board in the port of the United States. In this case part of the equipment of the General Winder for a slaving voyage was shipped on another vessel for St. Thomas, and then transhipped to the General Winder. The particulars of the fitting out need not be set out in the indictment; they are minute acts, incapable of exact specification, 473, 475. The indictment should allege that the vessel was built, fitted, &c., within the jurisdiction of the United States, 476, 477, and "with intent to employ the vessel" in the slave trade; and alleging that "the intent was "that the vessel should be employed in the slave trade' was not sufficient, 476.-12 Wheat. 460, United States v. Gooding. (a) Although the arms and ammunition were cleared as cargo, and the men enlisted as for a mercantile voyage.-7 Wheat. 471, 486, The Gran Para. (b) That is, a Government acknowledged by the United States.— 6 Peters, 467. (c) Note (x), sec. 2. or first brought. |