agreement was made between Sweden and Holland, in 1675, but in like manner was not practically carried into effect. The German jurist Büsch states that the French legislature, in 1792, passed a decree for the same purpose, but Martens declares that "he has never been able to discover any evidence of such decree."

The laws of the United States have made ample provisions with respect to the enlistment of American citizens in the service of foreign powers, which may be considered as an affirmance of the law of nations, and as prescribing specific punishments for acts which were before unlawful. (Talbot v. Janson, 3 Dallas, 133; Brig Alerta v. Blas Moran, 9 Cranch, 359.) "The Act of Congress of the 20th of April, 1818, c. 33, declares it to be a misdemeanor for any citizen of the United States, within the territory or jurisdiction thereof, to accept and exercise a commission to serve a foreign prince, state, colony, district, or people, with whom the United States are at peace; or for any person, except a subject or citizen of any foreign prince, state, colony, district, or people, transiently within the United State, or any foreign armed vessel within the jurisdiction of the United States, to 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 mariner, or seaman; or to fit out and arm, or to increase or augment the force of any armed vessel, with intent that such vessel be employed in the service of any foreign power at war with another

power

with whom we are at peace; or to begin, or set on foot, or provide or prepare the means for any military expedition or enterprise, to be carried on thence against the territory or dominions of any foreign prince or state, or of any colony, district, or people with whom we are at peace, or to hire or enlist troops or seamen for foreign military or naval service; or to be concerned in fitting out any vessel to cruise or commit hostilities against a nation at peace with us; and the vessel in this latter case is made subject of forfeiture."

In the case of The Santissima Trinidad it was decided "that captures made by vessels so illegally fitted out, whether a public or private armed ship, were tortious, and that the original owner was entitled to restitution if the property was brought within our jurisdiction." (7 Wheaton, 283.)

It may be well to add, that the laws of which Chancellor Kent gives the preceding synopsis expressly punish by fine and imprisonment any citizen of the United States found on board of letters of marque cruising against the commerce of a neutral power, or who shall leave the American jurisdiction with the intent of being so employed.

In 1819, at the time when a contest was carried on between Spain and her colonies in America, the British Government, on the requisition of Spain, followed the example which had been set by the United States; and by the 29 Geo. 3, c. 17 (the Foreign Enlistment Act), provided in a very comprehensive manner for the punishment of offences under this head. Similar prohibitions are contained in the laws of other countries. By the Austrian ordinance of neutrality of August 7th, 1803, and in the various

treaties between the powers of Europe during the course of the two last centuries, and in the several treaties between the United States and France, Holland, Sweden, Prussia, Great Britain, Spain, Columbia, Chili, &c., it is declared that no subject or citizen of either nation shall accept a commission or letter of marque, to assist an enemy in hostilities against the other, under pain of being treated as a pirate. The provisions of the Foreign Enlistment Act have recently been put in force in this country by a royal proclamation, dated Buckingham Palace, 9th March, 1854. Information having been received by the authorities that vessels constructed exclusively for warlike purposes had been built under contracts with the Russian Government, in different private yards in England and Scotland, the following proclamation was issued, to prevent these most powerful instruments of mischief, of contraband, ready made up, from being conveyed to the enemy, although at the time when the proclamation was issued, hostilities had not actually commenced.

BY THE QUEEN.-A PROCLAMATION.

Victoria, R.-Whereas, by an Act of Parliament, passed in the fifty-ninth year of the reign of his late Majesty King George the Third, entitled "An Act to prevent the enlisting or engagement of his Majesty's subjects to serve in foreign service, and the fitting out or equipping in his Majesty's dominions vessels for warlike purposes without his Majesty's licence;" it is amongst other things enacted, that if any person, within any part of the United Kingdom, or in any part of his Majesty's dominions beyond the seas, shall, without the leave or licence of his Majesty, his heirs,

or successors for that purpose first had and obtained, under the sign manual of his Majesty, his heirs, or successors, or signified by order in council, or by proclamation of his Majesty, his heirs or successors, equip, furnish, fit out or arm, or attempt or endeavour to equip, furnish, fit out, or arm, or procure to be equipped, furnished, fitted out, or armed, or shall knowingly aid, assist, or be concerned in the equipping, furnishing, fitting out, or arming of any ship or vessel, with intent, or in order that such ship or vessel shall be employed in the service of any foreign prince, state or potentate, or of any foreign colony, province, or part of any province or people, or of any person or persons exercising, or assuming to exercise, any powers of government in or over any foreign state, colony, province, or part of any province or people, as a transport or store ship, or with intent to cruise or commit hostilities against any prince, state, or potentate, or against the subjects or citizens of any prince, state, or potentate, or against the persons exercising or assuming to exercise the powers of government in any colony, province, or part of any province or country, or against the inhabitants of any foreign colony, province, or part of any province or country with whom his Majesty shall not then be at war; or shall, within the United Kingdom, or any of his Majesty's dominions, or in any settlement, colony, territory, island, or place belonging or subject to his Majesty, issue or deliver any commission for any ship or vessel, to the intent that such ship or vessel shall be employed as aforesaid, every such person so offending shall be deemed guilty of a misdemeanor, and shall, upon conviction thereof, upon any information

or indictment, be punished by fine and imprisonment, or either of them, at the discretion of the court in which such offender shall be convicted; and every such ship or vessel, with the tackle, apparel, and furniture, together with all the materials, arms, ammunition, and stores, which may belong to or be on board of any such ship or vessel, shall be forfeited. And whereas it has been represented to us that ships and vessels are being built in several places within the United Kingdom, and are being equipped, furnished, and fitted out, especially with steam machinery, with intent that they shall be employed as aforesaid, without our royal leave or licence for that purpose first had or obtained, or signified as aforesaid: We have, therefore, thought fit, by and with the advice of our Privy Council, to issue this our royal proclamation, warning all our subjects against taking part in such proceedings, which we are determined to prevent and repress, and which cannot fail to bring upon the parties engaged in them the punishments which attend the violation of the laws.

"Given at our Court at Buckingham Palace, this

ninth day of March, 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."

The liberal and enlightened principles which have been enunciated and adopted by the United States, have been acted upon in a spirit of equal liberality and enlightenment by her majesty, who, in the declaration of war, dated Westminster, March 28th, 1854, announces to the world, that "her Majesty the Queen of the United Kingdom of Great Britain and Ireland, being