Page:United States Statutes at Large Volume 2.djvu/814

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Statute Ⅰ.

July 6, 1812.

Chap. CXXIX.—An Act to prohibit American vessels from proceeding to or trading with the enemies of the United States, and for other purposes.^[1]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That no ship or vessel, owned

↑ The decisions of the Courts of the United States, on “Trading with the Enemy,” have been:—
Action of assumpsit to recover the balance of an account current for merchandise purchased in England by order of the defendants. The defence was, that the contract was made during the war, and therefore void. By the Court—The doctrine is not to be questioned at this day, that during a state of hostility, the citizens of the hostile states are incapable of contracting with each other. Scholefield v. Eichelberger, 7 Peters, 586.
To say that this rule is without exception, would be assuming too great latitude. The question has never yet been examined whether a contract for necessaries, or even for money to enable the individual to get home, could not be enforced; and analogies familiar to the law, as well as the influence of the general rule, in international law, that the severities of war are to be diminished by all safe and practical means, might be appealed to in support of such an exception. But at present, it may be safely affirmed that there is no recognized exception, but permission of a state to its own citizens; which is also implied in any treaty stipulation to that effect, entered into with a belligerent. Ibid.
Property engaged in illicit trade with the enemy, must be condemned to the captors, not to the United States. The Sally, Porter, Master, 8 Cranch, 382; 3 Cond. Rep. 177.
A vessel owned by citizens of the United States, sailed from Naples in the year 1812, for the United States, with a cargo, and a British license to carry the same to England. On her passage, hearing of the war, she altered her course for England, was captured by the British, carried into Ireland, libelled and acquitted, sold her cargo, and after a detention of seven months in Ireland, purchased a return cargo in England, sailed for the United States, and was captured by an American privateer. The vessel cargo were condemned as prize to the captors. The Alexander, 8 Cranch, 169; 3 Cond. Rep. 72.
If a citizen of the United States establishes his domicil in a foreign country, between which and the United States hostilities afterwards break out, any property shipped by him before knowledge of the war, and captured by an American cruiser after the declaration of war, will be condemned as prize. The Venus, 8 Cranch, 253; 3 Cond. Rep. 109.
Illegal traffic stamps a hostile character on the property, and attaches to it all the penal consequences of enemy ownership. The Sally, 8 Cranch, 382; 3 Cond. Rep. 177.
The property of a citizen does not become divested, ipso facto, by the mere act of illicit intercourse with the enemy; the property is only liable to be condemned as enemy’s property, or as adhering to the enemy, if rightfully captured during the voyage. The Thomas Gibbons, 8 Cranch, 421; 3 Cond. Rep. 193.
A vessel sailing to an enemy port, after knowledge of the war, and captured, bringing thence a cargo consisting chiefly of enemy goods, is liable to confiscation as prize of war. The St. Lawrence, 8 Cranch, 434; 3 Cond. Rep. 202.
Trading with the enemy is not excused by the necessity of obtaining funds to pay the expenses of the ship; nor by the opinion of an American minister expressed to the master, that by undertaking the voyage he would violate no law of the United States. The Joseph, 8 Cranch, 451; 3 Cond. Rep. 212.
If, upon the breaking out of a war, a citizen has a right to withdraw his property from the enemy’s country, it is necessary it should be exercised with due diligence, and within a reasonable time after the knowledge of hostilities. The St. Lawrence, 9 Cranch, 120; 3 Cond. Rep. 301.
If a cargo be innocently put on board in an enemy’s country, if at that time the importation be lawful, it cannot be rendered unlawful by a detention, occasioned in the course of the voyage, either by the perils of the sea or the act of the enemy; unless this effect be produced by some positive act of the legislature. The Mary, 9 Cranch, 126; 3 Cond. Rep. 306.
An American citizen is equally guilty of trading with the enemy, whether that trade is carried on between a hostile port and the United States, or between such port and any foreign nation. The Rugen, 1 Wheat. 62; 3 Cond. Rep. 485.
The offence of trading with the enemy is complete, the moment a vessel sails with intention to carry her cargo to a hostile port. Ibid.
A subject of a state at war cannot, under cover of neutral muniments, however regularly procured, or formal, violate with impunity his duty and allegiance to his own country. Ibid.
All trade with the enemy, unless with the permission of the sovereign, is interdicted; and subjects the property engaged in it to the penalty of confiscation. The Rapid, 1 Gallis. C. C. R. 295.
All communication and intercourse with the enemy is prohibited, and it is nowise important, whether the property engaged in the inimical communication be bought and sold, or merely transported and shipped. Ibid.
A citizen of the United States cannot lawfully withdraw his property, acquired before the war, from the enemy’s country, after he has knowledge of the war, without permission of government. The St. Lawrence, 1 Gallis. C. C. R. 467.
If a vessel be sent from the United States, after knowledge of the war, to the enemy’s country to withdraw such property, the vessel and cargo are subject to capture and condemnation, jure belli. 1 Gallis. C. C. R. 295.
The property of citizens taken trading with the enemy, is considered as quasi enemy’s property. Ibid.
A trade to a neutral port, during war, is not rendered illegal from the mere circumstance that the interests of the enemy are thereby aided, or his policy enforced: it must, before it can be liable to condemnation on that ground, be carried on, on account of the enemy, under contract with him, destined for his use, or voluntarily incorporated into his service by licenses. The Liverpool Packet, 1 Gallis. C. C. R. 513.
The circumstance that a neutral is engaged in enemy navigation does not subject all his trade from the neutral country, on neutral voyages, to the enemy character. Ibid.

[p778-1] The decisions of the Courts of the United States, on “Trading with the Enemy,” have been:—
Action of assumpsit to recover the balance of an account current for merchandise purchased in England by order of the defendants. The defence was, that the contract was made during the war, and therefore void. By the Court—The doctrine is not to be questioned at this day, that during a state of hostility, the citizens of the hostile states are incapable of contracting with each other. Scholefield v. Eichelberger, 7 Peters, 586.
To say that this rule is without exception, would be assuming too great latitude. The question has never yet been examined whether a contract for necessaries, or even for money to enable the individual to get home, could not be enforced; and analogies familiar to the law, as well as the influence of the general rule, in international law, that the severities of war are to be diminished by all safe and practical means, might be appealed to in support of such an exception. But at present, it may be safely affirmed that there is no recognized exception, but permission of a state to its own citizens; which is also implied in any treaty stipulation to that effect, entered into with a belligerent. Ibid.
Property engaged in illicit trade with the enemy, must be condemned to the captors, not to the United States. The Sally, Porter, Master, 8 Cranch, 382; 3 Cond. Rep. 177.
A vessel owned by citizens of the United States, sailed from Naples in the year 1812, for the United States, with a cargo, and a British license to carry the same to England. On her passage, hearing of the war, she altered her course for England, was captured by the British, carried into Ireland, libelled and acquitted, sold her cargo, and after a detention of seven months in Ireland, purchased a return cargo in England, sailed for the United States, and was captured by an American privateer. The vessel cargo were condemned as prize to the captors. The Alexander, 8 Cranch, 169; 3 Cond. Rep. 72.
If a citizen of the United States establishes his domicil in a foreign country, between which and the United States hostilities afterwards break out, any property shipped by him before knowledge of the war, and captured by an American cruiser after the declaration of war, will be condemned as prize. The Venus, 8 Cranch, 253; 3 Cond. Rep. 109.
Illegal traffic stamps a hostile character on the property, and attaches to it all the penal consequences of enemy ownership. The Sally, 8 Cranch, 382; 3 Cond. Rep. 177.
The property of a citizen does not become divested, ipso facto, by the mere act of illicit intercourse with the enemy; the property is only liable to be condemned as enemy’s property, or as adhering to the enemy, if rightfully captured during the voyage. The Thomas Gibbons, 8 Cranch, 421; 3 Cond. Rep. 193.
A vessel sailing to an enemy port, after knowledge of the war, and captured, bringing thence a cargo consisting chiefly of enemy goods, is liable to confiscation as prize of war. The St. Lawrence, 8 Cranch, 434; 3 Cond. Rep. 202.
Trading with the enemy is not excused by the necessity of obtaining funds to pay the expenses of the ship; nor by the opinion of an American minister expressed to the master, that by undertaking the voyage he would violate no law of the United States. The Joseph, 8 Cranch, 451; 3 Cond. Rep. 212.
If, upon the breaking out of a war, a citizen has a right to withdraw his property from the enemy’s country, it is necessary it should be exercised with due diligence, and within a reasonable time after the knowledge of hostilities. The St. Lawrence, 9 Cranch, 120; 3 Cond. Rep. 301.
If a cargo be innocently put on board in an enemy’s country, if at that time the importation be lawful, it cannot be rendered unlawful by a detention, occasioned in the course of the voyage, either by the perils of the sea or the act of the enemy; unless this effect be produced by some positive act of the legislature. The Mary, 9 Cranch, 126; 3 Cond. Rep. 306.
An American citizen is equally guilty of trading with the enemy, whether that trade is carried on between a hostile port and the United States, or between such port and any foreign nation. The Rugen, 1 Wheat. 62; 3 Cond. Rep. 485.
The offence of trading with the enemy is complete, the moment a vessel sails with intention to carry her cargo to a hostile port. Ibid.
A subject of a state at war cannot, under cover of neutral muniments, however regularly procured, or formal, violate with impunity his duty and allegiance to his own country. Ibid.
All trade with the enemy, unless with the permission of the sovereign, is interdicted; and subjects the property engaged in it to the penalty of confiscation. The Rapid, 1 Gallis. C. C. R. 295.
All communication and intercourse with the enemy is prohibited, and it is nowise important, whether the property engaged in the inimical communication be bought and sold, or merely transported and shipped. Ibid.
A citizen of the United States cannot lawfully withdraw his property, acquired before the war, from the enemy’s country, after he has knowledge of the war, without permission of government. The St. Lawrence, 1 Gallis. C. C. R. 467.
If a vessel be sent from the United States, after knowledge of the war, to the enemy’s country to withdraw such property, the vessel and cargo are subject to capture and condemnation, jure belli. 1 Gallis. C. C. R. 295.
The property of citizens taken trading with the enemy, is considered as quasi enemy’s property. Ibid.
A trade to a neutral port, during war, is not rendered illegal from the mere circumstance that the interests of the enemy are thereby aided, or his policy enforced: it must, before it can be liable to condemnation on that ground, be carried on, on account of the enemy, under contract with him, destined for his use, or voluntarily incorporated into his service by licenses. The Liverpool Packet, 1 Gallis. C. C. R. 513.
The circumstance that a neutral is engaged in enemy navigation does not subject all his trade from the neutral country, on neutral voyages, to the enemy character. Ibid.

[1]

Page:United States Statutes at Large Volume 2.djvu/814

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