First World War Centennial

CHAPTER XXVII

DUTIES AS DEFINED BY PROCLAMATION

THE fact that the foregoing chapters have abridged reference to that part of the Positive Law of Nations which affects neu­trals, in order to discuss principles and policies, makes it not undesirable that some space should be given before closing to the sort of specific injunctions which should be given a neutral people by its government in time of war.

These are admirably epitomized in the proclamation of neutrality made by the President of the United States at the outbreak of war between Italy and Austro-Hungary (which purports to be a duplicate of the several proclamations issued by the Executive as state after state became embroiled in the

existing hostilities), and are unquestionably the result of more than a century of admin­istrative endeavor to make the American people neutral in fact as well as in word.

To understand the full significance of this official communication it will be well, before giving it careful examination, to recall:

1. That the United States is the greatest of neutrals, and that its services to the cause have been of enduring value, and are so rec­ognized.

2. That it was George Washington who inaugurated measures to insure the neutrality of a disinterested state by a proclamation in 1793 which instructed proper officers to institute proceedings "against all persons who shall within the cognizance of the courts of the United States violate the law of nations with respect to the Powers at war or any of them."

3. That the United States, as Oppenheim does not hesitate to state in his great work on International Law, "was the most promi­nent and influential factor" in advancing the rights of neutrals by its attitude toward neutrality from 1793 to 1818.

4. That it was the Congress of the United States that passed the first foreign enlistment act which codified former and important enactments in 1818, an example that was followed by Great Britain, which passed a similar measure in the succeeding year.

5. That the decisions of the United States Courts, many of which are briefly digested by Dana in his copious notes on Wheaton (p. 534 et seq.), have brought into the body of international law factors of inestimable value to neutrals.

With such introduction, which will suggest to the student the different steps which the American people have taken in evolving the law which is now on their statute books or understood by their Executive to express their will, and without repeating the preamble of President Wilson's proclamation, we propose;

I. To quote verbatim that part which is statutory and immediately introductory thereto; and

II. To add a brief abstract of further injunctions contained therein.

I. I, Woodrow Wilson, President of the United States of America ... do hereby declare and proclaim that by certain provisions of the act ap­proved on the 4th day of March A.D. 1909, com­monly known as the "Penal Code of the United States," the following acts are forbidden to be done, under severe penalties, within the territory and jurisdiction of the United States, to wit:

1. Accepting and exercising a commission to serve either of the said belligerents by land or by sea against the other belligerent.

2. Enlisting or entering into the service of either of the said belligerents as a soldier, or as a marine or seaman on board of any vessel of war, letter of marque, or privateer.

3. Hiring or retaining another person to enlist or enter himself in the service of either of the said belligerents as a soldier, or as a marine or seaman on board of any vessel of war, letter of marque, or privateer.

4. Hiring another person to go beyond the limits or jurisdiction of the United States with intent to be enlisted as aforesaid.

5. Hiring another person to go beyond the limits of the United States with intent to be entered into service as aforesaid. 6. Retaining another person to go beyond the limits of the United States with intent to be enlisted as aforesaid.

7. Retaining another person to go beyond the limits of the United States with intent to be entered into service as aforesaid. (But the said act is not to be construed to extend to a citizen or subject of either belligerent who, being trans­iently within the United States, shall, on board of any vessel of war, which, at the time of its arrival within the United States, was fitted and equipped as such vessel of war, enlist or enter himself or hire or retain another subject or citizen of the same belligerent, who is transiently within the United States, to enlist or enter himself to serve such belligerent on board such vessel of war, if the United States shall then be at peace with such belligerent.)

8. Fitting out and arming, or attempting to fit out and arm, or procuring to be fitted out and armed, or knowingly being concerned in the furnishing, fitting out, or arming of any ship or vessel with intent that such ship or vessel shall be employed in the service of either of the said belligerents.

9. Issuing or delivering 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.

10. Increasing or augmenting, or procuring to be increased or augmented, or knowingly being concerned in increasing or augmenting, the force of any ship of war, cruiser, or other armed vessel, which at the time of her arrival within the United States was a ship of war, cruiser, or armed vessel in the service of either of the said belligerents or belonging to the sub­jects of either, by adding to the number of guns of such vessels, or by changing those on board of her for guns of a larger caliber, or by the addition thereto of any equipment solely ap­plicable to war.

11. Beginning or setting on foot or providing or preparing the means for any military expedi­tion or enterprise to be carried on from the territory or jurisdiction of the United States against the territories or dominions of either of the said belligerents.

The above recitation from the Penal Code is followed by orders and instructions:—II. Prohibiting use of waters of the United States by armed belligerent vessels for the purpose of preparing for hostile operations, or as posts of observation upon the enemy.

Specifically forbidding any belligerent ship of war to make use of a port or waters of the United States for a war station, or to secure facilities; or to leave any harbor or waters of the United States from which an enemy vessel shall have previously departed until twenty-four hours thereafter.

Requiring any belligerent warship that enters United States waters after the time when notification takes effect, to depart within twenty-four hours, except in case of stress of weather or need of supplies or repair, in which case the authorities are to require departure after necessary supplies are re­ceived or repairs finished, arrangements being made however that such a ship shall not depart (as before provided) within twenty-four hours after an enemy ship has cleared, and that if there are several vessels of op­posing belligerents in given waters at the same time, provision shall be made for alternate departure; and

Providing that such supplies as are above referred to shall only be of sufficient pro­visions, etc., as are requisite for the subsist­ence of the crew, and so much coal as will take the ship to the nearest port of her own country, or, if she carry sail, half the amount of coal necessary for that purpose. Also that such a ship shall not return to the waters of the United States again within three months without permission, unless she has first en­tered a port of the government to which she belongs.

The proclamation further calls attention to the fact that the treaties and statutes of the United States and international law enjoin all persons in the territory of the United States to obey its laws—warns all citizens and residents in the United States that while expressions of sympathy are not restricted, they must not originate or or­ganize military forces in aid of a belligerent—and that while they may, without restric­tion, manufacture and sell munitions and contraband, they cannot carry such articles on the high seas for the use or service of a belligerent, nor convey belligerent soldiers, nor attempt to break a blockade, without incurring the risk of hostile capture and penalties.

While this state document testifies to the vigilance of the United States Government in endeavoring to perform its obligations toward belligerents, its main features are incorporated in these pages because they are so admirably qualified to instruct citizens in regard to their personal status as the subjects of a neutral country. Meantime we cannot forbear from remarking that if anything has been overlooked in this endeavor to impress upon the people of the United States the duty they owe to themselves and to other nations, it has been rather in the methods adopted to provide for its circulation than in the matter contained.

As has been pointed out in recent chapters, an unfortunate proportion of the population of the country are ignorant of the English language and only receive such part of governmental communications as their racial leaders choose to place in their hands. The very importance of the proclamation should therefore bring home to the reader whose attention is called to this matter the necessity of providing for the printing of such publica­tions in various languages in order that they may have the effect upon our heterogeneous public that is desired by the President.