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exert their influence to make the Christian Teutonic world realize that which it is in need of-Unity.
It is of course not an easy matter to accomplish such a high purpose. It requires a thorough and comprehensive process of enlightenment; in this work, the schools and the press of all interested countries should combine their efforts; above all, it requires the honest desire of the governments especially those of London, Berlin and Washington—to work together in cordial understanding. Once this determination for cordial coöperation has everywhere been evenly cultivated, all else will be accomplished without difficulty, for a way will be found by those who wish to find it.
THE LAW OF HOSTILE MILITARY EXPEDITIONS AS
APPLIED BY THE UNITED STATES
CHAPTER IV. THE FULFILLMENT OF THE INTERNATIONAL OBLIGATION
The manner of the performance of the duty of preventing hostile expeditions, and the means to be employed for that purpose, are matters largely or entirely for the discretion of the individual state. It cannot be said that any particular method is required or sanctioned by international law. This discretion is limited, however, by practical necessity and by the exigency of good faith.
1. EVIDENCE OF GOOD FAITH The state will find it expedient, in the first place, to provide itself in advance with the power and the means of preventing expeditions. In this way, it gives substantial evidence of its intention to meet its obligations when they arise. The obvious impossibility of the performance of its duty without so having provided makes this essential as an assurance to foreign governments of a proper regard for the requirements of the law. The government must take care that its municipal law does not fail to forbid acts contravening its international obligations. Hence it becomes necessary to provide by statutory enactment for the prevention of expeditions which may injuriously affect the rights of other states.85
85 Formerly it was not the custom to embody international obligations in legislation. The present practical necessity of this is, however, apparent. Arbitrary executive repression of individual conduct is very limited under the constitutional systems of modern governments. It has, therefore, now become almost imperative as a matter of internal administration. The performance of its duty to other states would be a practical impossibility for the United States in the absence of statutory regulations.
The practical necessity for legislation must not be confused, on the other hand, with legal requirement. The statutory law concerning expeditions is primarily a matter of domestic regulation. In so far as it deals with the means of preventing hostile enterprises, another state may not prescribe its provisions. If it enacts a
The domestic legislation may be concerned both with the prohibition of objectionable acts in furtherance of expeditions and with the means of the enforcement of the probibition. As regards the latter, the government should doubtless be armed with power sufficient for the frustration of all attempts at unlawful undertakings. It must have authority to prevent as well as to punish. And to satisfy the requirement of good faith, the prohibitive enactment must be upheld by the sanction of adequate punishment. This applies alike to the preventive and punitory phases of the law. As a means of prevention, the statute should amount to more than a mere proclamation; it should have some real deterrent force. The infliction of satisfactory punishment subsequent to the carrying out of the expedition also requires the provision of ample penalties.
A further evidence of good intentions are the executive proclamations issued in times of especial danger or difficulty. The salutary effect of these is occasionally considerable. They serve as a warning to those individuals who otherwise might not expect the enforcement of the law. They enlist the coöperation of local officials and of the public with the government for the detection of probable offenses. They may thus be of real value in preventing expeditions. In any case they have the effect of notice to foreign states most likely to be concerned of the government's intention to meet its full obligation.88
The Government of the United States has been accustomed to cooperate with foreign governments in the matter of the investigation of possible violations of the law, and occasionally it has supplied information of importance to other states in warding off attacks of expeditions which this government might not be able to repress. In 1884, the Canadian Government sought information from the United States concerning the basis of rumors circulated in the press of this country that a Fenian invasion was in preparation. The authorities investigated and
prohibition against certain individual conduct, it defines only an offense at municipal law, as to which a foreign government may not inquire. Since the international offense is distinct from the municipal, it is entirely independent of the existence of any domestic law. This law cannot, therefore, be required as a matter of legal right. (7 Op. At. Gen. 367).
$6 For examples of such proclamations, see Richardson's Messages, I, 157, 404, 561; III, 482; IV, 72; V, 7, 111, 271, 272, 388, 496; VI, 433; VII, 85, 91; IX, 591, 694. made a report of the situation to the British minister. 87 The raids of the Garza bandits on the Mexican boundary, and the natural obstacles to preventing them, called forth the suggestion from the Mexican Government that it would be well for the War Department of each country to inform the other of what forces it proposed to assign to preserve the peace on its frontiers, and what system it proposed to adopt for the attainment of this end, so that, by both acting in concert, the purpose of both governments might be more easily accomplished. The United States concurred in this suggestion.88
When suspected violations of the law are reported by the agents of foreign governments, the authorities of this country will ordinarily take prompt action. The suspicions of foreign governments are customarily referred to the departments concerned with the local administration of the law, so that precautionary measures may be taken against any attempts at hostile enterprises.89 But while there is seldom any lack of notifications of probable infractions of the law, the activities of other states usually stop there. The United States has constantly sought further coöperation by the local officers of foreign governments stationed in her territory. Their assistance in securing the conviction of suspected persons is often indispensable, and a formal declaration of facts in the possession of foreign officials is frequently requested of them.9 For the sake of prompter action, it has been allowed the agents of other states to present their complaints directly to the federal district attorneys, and they have been urged to supply them with full information. 91 · The coöperation of the governments in this manner is an act of amity and comity on the part of both, required not by international law, but by the necessities of friendly relations. The willingness of one state to confer with another regarding the probable unlawful action of its own citizens, and the willingness of the other to assist in the measures taken for its protection, are evidence of the honesty of purpose and good intentions of the states concerned.
87 MS. Notes to Great Britain, XIX, 438 (Moore's Digest, VII, 931).
88 For. Rel. 1893, 442, and 446 447. The United States would not go to the extent of making an “alliance" for such purposes (For. Rel. 1886, 57).
89 For. Rel. 1887, 1027-1029; 1888, I, 990; also 1885, 773.
2. THE MEANS OF FULFILLMENT In the early history of the United States, it was sometimes necessary to call upon the State authorities for assistance in enforcing the Neutrality Act, and the local militia were employed at the command of the Governor to perform this service. 92 Since the passage of the Act of 1818, the Federal Government has relied chiefly on its own agencies to enforce the law, but the aid of local officials is still frequently requested. Circulars and special letters continue to be addressed to Governors of States, 93 and they have rendered some assistance. For instance, during the Canadian rebellion of 1837, the Governors of Michigan, New York, and Vermont were requested to interfere to arrest parties making hostile preparations against Canada.94 The coöperation of State authorities in Texas was sought to prevent the incursions into Mexico across the Rio Grande in 1892.95
The United States maintains no police force for the execution of the federal statutes, but the marshals and attorneys of the Department of Justice and the collectors of customs of the Treasury Department are relied upon to detect violations of the law, and to take steps for the punishment of the offenders. They are assisted by the land and naval forces of the Federal Government and the militia of the States under the direction of the President.96
It is the duty of the federal attorneys to collect evidence upon which intervention in the preparation of expeditions may be based, and upon which the punishment of offenders may be secured. When there is probable cause to believe that filibustering parties are being organized,
92 1 American State Papers, For. Rel. 589.
93 For instance, see MS. Dom. Let., Vol. 153, pp. 672 and 673 (Moore's Digest, VII, 1021).
" H. Ex. Doc. 73, 25 Cong. 2 Sess. p. 5.. 95 For. Rel. 1893, 428.
» At the time of the Canadian rebellion of 1837, the government employed most of these agencies to prevent attacks on Canada by American citizens. The district attorneys were addressed by the Secretary of State, stating the intention of the government to fulfill its obligations; governors were requested to assist; collectors of customs were instructed to lend their aid; the United States marshals proceeded to the frontier; a revenue cutter was placed at the disposal of the collector to aid in enforcing the law; the militia was called out; and General Scott was placed in command of troops, both regular and volunteer, on the frontier.