Page:United States Reports, Volume 2.djvu/331

 Cntcorr Comrr, Pemjlvaniu Di(tri&. gag verfy had arifen between the Executive of the Federal Govern. 1;-95 ment, and the Frmrb Minilter; inthe courfe of which the lat- VV' ter contended, that, if not by the general law of nations, at leall: by poiitive compact, the Frrnrb Rq»u!•lir was entitled to repair and equip vell`els of war in the ports of the Umled Slater; {incr: the Treaty, by making it exprefsly unlawful for the others, had, by necelfary implication, made it lawful for her. Trmty Art. 22. As _a branch of this eontroverfy, it had, liltewitb, been inlillcd, that an American citizen had a right to enter into the {ervice of the Frmcb Rqoubhlt; aud the polition certainly re- ceived fome countenance, from the refufal of a Grand jury in Byku to {ind Bills of lndiélment againll: perfons who lm.;_aeied in that manner, and from the acquittal of Gideon Iit·::q;.i·rJd by a Pbiladrddia jury. Thefe interpretations and proceedings wuts, however, difapptoved by our Executive ; who, on the {itil point, contrary to the avowed {`enfe of the great mais of the people, conllrued the 22d article of the Treaty, to be merely an exclu- lion of other belligereut nations from the privilege of equip- ping in out ports, and not a permillion to 1+.1:1:: ; and this di- verlity of fentiment between the Government and the Citizens, finally produced the aft of Cmgrg} now in quellion. The fec- tion on which this profecution is founded is, indeed, a fever: and penal one; but, in proportion to the rigor of the punifh- ment, will a confcieutious Jury require the degree of proof to be. It contemplates four defcriptions of offence: rll. To {it out and atm, or attempt to {it out and atm ; ad. To procure robe fitted out and armed; gd. To be concerned, knowingly, in furnilhing, fitting out, or arming any {hip or veifel, with in- tent that fuch {hip ot veli`el {hall be employed in the {`ervice of ‘ any Foreign Prince or State, to eruife or commit hollilities upon a nation at peace with the United Slam. And 4th. To ill`ue or deliver a commillion within the territory or jurifdiéljon of the United State: for any {hip ot ve{l`el, to the intent that {he may be tb employed. '.[`wo fails, then, are elilmtial to julhfy a convic~ tion. tit. The velfel mull: have been fitted out and armed within the port of P/:ilruLr@>bia. And ad. The defendant mult, at leali, have been knowingly concerned in het equipment. xii. Vitl» re{`pe€t to the {itil: faét, there is no direct proof that the vellel ` failed with more guns than {he brought with her ; and the mere intention to arm and equip her is not criminal. Nor even if cannon, arms and ammunition had been put on board, does it follow, as a necelfaty confequence, that it was intended to arm het as a veifel of war in the fetvice of .’*`r.zm·¢, to ctuife againilg the friends of America. There is no evidence of {`uch cruiling; not of the dclign, (whether as pailengcts or mariners) with which the thirty or forty petfons were onboard the veliel; and military {totes may lawfully be fold here, or be exported to Fo- ‘.:!g:1

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