ÆäÀÌÁö À̹ÌÁö
PDF
ePub

In Gelston vs. Hoyt, 3 Wheat., 246, the Supreme Court, delivering its opinion through Mr. Justice Storey, held that a plea, to justify a seizure and detention under this statute as it was originally, which is the soul of the present statute, must aver that the naval or military force of the United States was employed for that purpose, and that the seizor belonged to the force so employed. The Court also held that the Act was not to be resorted to, except in cases where a seizure or detention could not be enforced by the ordinary civil power. See also Stoughton vs. Dimick, 3 Blatchf., 356. The Attorney General, in 17 Opinions of Attorneys General, 242, held that the authority given by this section may be exercised when there is an organized armed body of men who intend to invade the territory of a people with whom the United States are at peace, when the object of such invasion is plunder.

§ 241a. The President's Authority Under This Section. Ex parte Orozco, 201 Federal, 107.

§ 242. Compelling Foreign Vessels to Depart.

Old Section 5288 becomes new Section 15, which is as follows:

"Sec. 15. It shall be lawful for the President, or such person as he shall empower for that purpose, to employ such part of the land or naval forces of the United States, or of the militia thereof, as shall be necessary to compel any foreign vessel to depart the United States in all cases in which, by the laws of nations or the treaties of the United States, she ought not to remain within the United States."

§ 243. Armed Vessels to Give Bond on Clearance.Section 5289 of the old statutes is re-enacted into Section 16 of the new Code, as follows:

"Sec. 16. The owners or consignees of every armed vessel sailing out of the ports of, or under the jurisdiction of, the United States, belonging wholly or in part to citizens thereof, shall, before clearing out the same, give bond to the United States, with sufficient sureties, in double the amount of the value of the vessel and cargo on board, including her armament, conditioned that the vessel shall not be employed by such owners to cruise or commit hostilities against the subjects, citizens, or property of any foreign prince or state, or of any colony, district, or people with whom the United States are at peace."

[ocr errors]

The Supreme Court, in United States vs. Quincey, 6 Peters, 445, 8 Law Ed., 458, held that the statute did not prohibit armed vessels belonging to citizens of the United States from sailing out of our ports. It only requires the owners to give security that such vessels shall not be employed by them to commit hostilities against foreign powers at peace with the United States.

$244. Detention by Collector of Customs.-Section 5290 of the old statutes becomes Section 17 of the new Code, and is as follows:

"Sec. 17. The several collectors of the customs shall detain any vessel manifestly built for warlike purposes, and about to depart the United States, or any place subject to the jurisdiction thereof, the cargo of which príncipally consists of arms and munitions of war, when the number of men shipped on board, or other circumstances, render it probable that such vessel is intended to be employed by the owners to cruise or commit hostilities upon the subjects, citizens, or property of any foreign prince or state, or of any colony, district, or people with whom the United States are at peace, until the decision of the President is had thereon, or until the owner gives such bond and security as is required of the owners of armed vessels by the preceding section."

In United States vs. Quincey, 6 Peters, 445, Law Ed., 8, 458, the Supreme Court held that Collectors are not authorized to detain vessels, although manifestly built for warlike purposes, and about to depart from the United States, unless circumstances shall render it probable that such vessels are intended to be employed by the owners to commit hostilities against some foreign power at peace with the United States. All the latitude, therefore, necessary for commercial purposes, is given to our citizens and they are restrained only from such acts as are calculated to involve the country in

war.

In Hendricks vs. Gonzales, 67 Federal, 351, the Circuit Court of Appeals for the Second Circuit used this language:

"It is not an infraction of the international obligation, to permit an armed vessel to sail, or munitions of war to be sent, from a neutral country to a belligerent port for sale as articles of commerce; and neutrals may lawfully sell at home to a belligerent purchaser, or carry themselves to the belligerents, articles which are contraband of war. It is the right of the other belligerent power to seize and capture such

property in transit; but the right of the neutral state to sell and transport, and of the hostile power to seize, are conflicting rights, and neither can impute misconduct to the other. The penalty which affects contraband merchandise is not extended to the vessel which carries it, unless ship and cargo belong to the same owner, or the owner of the ship is privy to the contraband carriage; and ordinarily the punishment of the ship is satisfied by visiting upon her the loss of time and freight and expenses which she incurs in consequence of her complicity. On the other hand, it is the duty of every Government to prevent the fitting out, arming, or equipping of vessels which it has reasonable ground to believe are intended to engage in naval warfare with a power with which it is at peace."

§ 245.

Construction of this Chapter.-Section 5291 of the old Revised Statutes becomes Section 18 of the new Code, in the following words:

"Sec. 18. The provisions of this chapter shall not be construed to extend to any subject or citizen of any foreign prince, state, colony, district, or people who is transiently within the United States and enlists or enters himself 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, or hires or retains another subject or citizen of the same foreign prince, state, colony, district, or people 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. Nor shall they be construed to prevent the prosecution or punishment of treason, or any piracy defined by the laws of the United States."

CHAPTER XI.

OFFENSES AGAINST ELECTIVE FRANCHISE AND CIVIL RIGHTS OF CITIZENS.

§ 246. System of Government, Etc., Generally.

247. Conspiracy to Injure, Etc., Citizens in the Exercise of Civil

Rights.

247a. Indiana Election Case, and Right to Vote, Etc.

248. Right to Labor.

249. Other Illustrations.

250. Other Crimes Committed While Violating the Preceding Sec

tion.

251. Depriving Persons of Civil Rights Under Color of State Law. 252. Conspiracy to Prevent Persons From Holding Office, or Officer From Performing His Duty Under United States, Etc. 253. Unlawful Presence of Troops at Election.

255. 256.

254. Intimidation of Voters by Officers, Etc., of Army and Navy. Officers of Army or Navy Prescribing Qualifications of Voters. Officers, Etc., of Army or Navy Interfering with Officers of Election, Etc.

257. Persons Disqualified From Holding Office; When Soldiers, Etc., May Vote.

$246. Our system of government, being dual in its nature, brings to the native or naturalized individual who maintains his citizenship in this country, two protections, each of which is, however, distinct from the other, and jealous of its particular territory and jurisdiction. The State has certain duties which it must fulfill toward its citizens, to the complete and satisfactory meeting of which the Federal Government stands as sponsor and guarantor. On the other hand, the Federal Government must exercise its superior power with extreme care, lest it encroach upon the rights and sovereignties of the respective States. There are also some Federal citizenship rights, but they are few in comparison to State citizenship rights. While the Federal Government has authority, under the Federal Constitution, and particularly under Amendments Six, Thirteen, and Fourteen to that instrument, to enforce certain private rights for the individual at the hands of the State, the vast majority of in

dividual rights are to be enforced by the State Governments. Among the rights and privileges which have been recognized by the Courts as being secured to the citizens of the United States by the Constitution, are the right to petition Congress for a redress of grievances; the right to vote for Presidential Electors or Members of Congress; and the right of every judicial and executive officer, or every person engaged in the service or kept in the custody of the United States in the course of the administration of justice, to be protected from lawless violence. There is a peace of the United States. These Federal rights have been announced by the Supreme Court in their order as above stated, in the following cases: United States vs. Cruikshank, 92 U. S., 542, 23 Law Ed., 588; ex parte Yarbrough, 110 U. S., 651, 28 Law Ed., 274; in re Neagle, 135 U. S., 1, 34 Law Ed., 55; U. S. vs. Logan, 12 Supreme Court, 617, 36 Law Ed., 429.

These Supreme Court discovered rights have been somewhat added to by later cases, that will be noticed in the discussion under old Section 5508, which becomes new Section 19.

Difficult, indeed, it is to invariably trace the line between the authorities and limitations of the two sovereignties; and this difficulty is somewhat increased by the desire to see that a wronged individual secures his rights, regardless of setting precedent or the overriding of limitations that must, for the perpetuity of our republic, be observed.

§ 247. Conspiracy to Injure, Etc., Citizens in the Exercise of Civil Rights.-Section 5508 of the 1878 Revised Statutes becomes Section 19 of the new Code, in the following words:

"Sec. 19. If two or more persons conspire to injure, oppress, threaten, or intimidate any citizen in the free exercise or enjoyment of any right or privilege secured to him by the Constitution or laws of the United States, or because of his having so exercised the same, or if two or more persons go in disguise on the highway, or on the premises of another, with intent to prevent or hinder his free exercise or enjoyment of any right or privilege so secured, they shall be fined not more than five thousand dollars and imprisoned not more than ten years, and shall, moreover, be thereafter ineligible to any office, or place of honor, profit, or trust created by the Constitution or laws of the United States."

« ÀÌÀü°è¼Ó »