Long title | An Act in addition to the act for the punishment of certain crimes against the United States. |
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Enacted by | the 3rd United States Congress |
Effective | June 5, 1794 |
Citations | |
Public law | Pub. L. 3–50 |
Statutes at Large | 1 Stat. 381 |
Legislative history | |
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Major amendments | |
Repealed and replaced by the Neutrality Act of 1818 |
The Neutrality Act of 1794 was a United States law which made it illegal for a United States citizen to wage war against any country at peace with the United States. The Act declares in part: [1]
If any person shall within the territory or jurisdiction of the United States begin or set on foot or provide or prepare the means for any military expedition or enterprise ... against the territory or dominions of any foreign prince or state of whom the United States was at peace that person would be guilty of a misdemeanor.
The act also forbade foreign war vessels to outfit in American waters and set a three-mile territorial limit at sea. [2]
The act was repealed and replaced several times while also being amended and a similar statute is in force as 18 U.S.C. § 960. [3] [4]
One reason for the act was to create a liability for violation of Section 8 of Article One of the United States Constitution, which reserves to the United States Congress the power to decide to go to war. [5]
The Continental Congress previously had an alliance with France in 1778 [6] that France accused the United States of violating with the 1794 American Jay Treaty with Great Britain. The French Ambassador to the United States, Edmond-Charles Genêt, had been actively recruiting American privateers for attacks on Spain and Great Britain, with whom the French republican government was at war. Some individuals in America were supporting the French Republican Government by engaging in privateering [7] and other Americans were engaging in filibuster military operations against British Canada and Spanish possessions in Florida and South America. This led to George Washington's Proclamation of Neutrality in 1793 and the act of 1794.
The Neutrality Act of 1794 was used in the trials of Aaron Burr, William S. Smith and Etienne Guinet, who, with Frenchman Jean Baptist LeMaitre, were convicted of outfitting an armed ship to take part in France's war against Great Britain. [8]
The Neutrality Act of 1794 was joined by the Neutrality Act of 1817 [9] that included States that had recently become independent from Spain that were not mentioned in the original act. [10] Unrecognized governments such as "colonies, districts, or people" are given the same recognition as "states and princes" in the last clause of section 5. [11] Henry Clay called it "an Act for the benefit of Spain against the republics of America." [11]
The Neutrality Act of 1817 also prescribed maximum penalties of three years imprisonment and up to a three thousand dollar fine. [12]
The Neutrality Act of 1794 and the Neutrality Act of 1817 were repealed and replaced by the Neutrality Act of 1818. [13] The Neutrality Act of 1794 was repealed, reenacted, and amended several times since and its successor remains in force as 18 U.S.C. § 960. [4]
On March 13, 1794, the Vice President, John Adams, broke a tie in the Senate in favor of the bill that would become the Neutrality Act of 1794. The House of Representatives voted to consider the bill immediately on May 31, 1794. On June 2, 1794, the Committee of the Whole made a motion to remove section six of the bill. This section prohibited the sale within the United States of prizes captured by foreign warships or privateers. [14]
In 1981, nine men involved in Operation Red Dog were each sentenced to three years in prison pursuant to the successor statute of the Neutrality Act of 1794; they had planned to overthrow the government of Dominica. [15] [16]
In the 2007 Laotian coup d'état conspiracy allegation, the United States government alleged after a sting operation that a group of conspirators planned to violate the successor statute of the Neutrality Act of 1794 by overthrowing the government of Communist Laos. [17] The United States Government has since dropped all charges against these defendants.
In May 2016 four United States residents were convicted of violating the successor statute of the Neutrality Act of 1794 for their role in the 2014 Gambian coup d'état attempt. [18]
The Quasi-War was an undeclared naval war fought from 1798 to 1800 between the United States and the French First Republic, primarily in the Caribbean and off the East Coast of the United States.
Treason is the crime of attacking a state authority to which one owes allegiance. This typically includes acts such as participating in a war against one's native country, attempting to overthrow its government, spying on its military, its diplomats, or its secret services for a hostile and foreign power, or attempting to kill its head of state. A person who commits treason is known in law as a traitor.
Universal jurisdiction is a legal principle that allows states or international organizations to claim criminal jurisdiction over an accused person regardless of where the alleged crime was committed, and regardless of the accused's nationality, country of residence, or any other relation to the prosecuting entity. Crimes prosecuted under universal jurisdiction are considered crimes against all, too serious to tolerate jurisdictional arbitrage. The concept of universal jurisdiction is therefore closely linked to the idea that some international norms are erga omnes, or owed to the entire world community, as well as to the concept of jus cogens – that certain international law obligations are binding on all states.
A privateer is a private person or vessel which engages in maritime warfare under a commission of war. Since robbery under arms was a common aspect of seaborne trade, until the early 19th century all merchant ships carried arms. A sovereign or delegated authority issued commissions, also referred to as letters of marque, during wartime. The commission empowered the holder to carry on all forms of hostility permissible at sea by the usages of war. This included attacking foreign vessels and taking them as prizes and taking crews prisoner for exchange. Captured ships were subject to condemnation and sale under prize law, with the proceeds divided by percentage between the privateer's sponsors, shipowners, captains and crew. A percentage share usually went to the issuer of the commission.
The Embargo Act of 1807 was a general trade embargo on all foreign nations that was enacted by the United States Congress. As a successor or replacement law for the 1806 Non-importation Act and passed as the Napoleonic Wars continued, it represented an escalation of attempts to persuade Britain to stop any impressment of American sailors and to respect American sovereignty and neutrality but also attempted to pressure France and other nations in the pursuit of general diplomatic and economic leverage.
The Act Prohibiting Importation of Slaves of 1807 is a United States federal law that prohibited the importation of slaves into the United States. It took effect on January 1, 1808, the earliest date permitted by the United States Constitution.
The 3rd United States Congress was a meeting of the legislative branch of the United States federal government, consisting of the United States Senate and the United States House of Representatives. It met at Congress Hall in Philadelphia, Pennsylvania from March 4, 1793, to March 4, 1795, during the fifth and sixth years of George Washington's presidency.
Diplomatic recognition in international law is a unilateral declarative political act of a state that acknowledges an act or status of another state or government in control of a state. Recognition can be accorded either on a de facto or de jure basis. Partial recognition can occur if many sovereign states refuse to recognize an entity as a peer. Recognition can be a declaration to that effect by the recognizing government or may be implied from an act of recognition, such as entering into a treaty with the other state or making a state visit. Recognition may, but need not, have domestic and international legal consequences. If sufficient countries recognise a particular entity as a state, that state may have a right to membership in international organizations, while treaties may require all existing member countries unanimously agreeing to the admission of a new member.
Ireland is one of four members of the European Union that are not members of NATO. The others are Austria, Cyprus and Malta. The country has a longstanding policy of military neutrality: it does not join military alliances or defence pacts, or take part in international conflicts. The nature of Irish neutrality has varied over time. Ireland declared itself a neutral state during the Second World War, and during the Cold War it did not join NATO nor the Non-Aligned Movement. Since the 1970s, some have defined it more broadly to include a commitment to "United Nations peacekeeping, human rights and disarmament". Recent Irish governments have defined it narrowly as non-membership of military defensive alliances. The compatibility of neutrality with Ireland's membership of the European Union has been a point of debate in EU treaty referendum campaigns since the 1990s. The Seville Declarations on the Treaty of Nice acknowledge Ireland's "traditional policy of military neutrality". The Irish Defence Forces have been involved in many UN peacekeeping missions.
The Convention of 1800, also known as the Treaty of Mortefontaine, was signed on September 30, 1800, by the United States and France. The difference in name was due to Congressional sensitivity at entering into treaties, due to disputes over the 1778 treaties of Alliance and Commerce between France and the U.S.
The Proclamation of Neutrality was a formal announcement issued by U.S. President George Washington on April 22, 1793, that declared the nation neutral in the conflict between revolutionary France and Great Britain. It threatened legal proceedings against any American providing assistance to any country at war.
Edmond-Charles Genêt, also known as Citizen Genêt, was the French envoy to the United States appointed by the Girondins during the French Revolution. His actions on arriving in the United States led to a major political and international incident, which was termed the Citizen Genêt affair. Because of his actions, President George Washington asked the French government to recall him. The Montagnards, having risen to power at the same time, replaced Genêt and issued a warrant for his arrest. Fearing for his life, Genêt asked for asylum in America, which was granted by Washington. Genêt stayed in the United States until his death. Historian Carol Berkin argues that the Genêt affair bolstered popular respect for the president and strengthened his role in dealing with foreign affairs.
A filibuster, also known as a freebooter, is someone who engages in an unauthorized military expedition into a foreign country or territory to foster or support a political revolution or secession. The term is usually applied to United States citizens who incited insurrections across Latin America, particularly in the mid-19th century, usually with the goal of establishing an American-loyal regime that could later be annexed into, or serve the interests of, the United States. Probably the most notable example is the Filibuster War initiated by William Walker in Nicaragua in the 1850s.
The Foreign Enlistment Act 1870 is an act of the Parliament of the United Kingdom that seeks to regulate mercenary activities of British citizens.
USRC General Green was one of the first ten cutters operated by the U.S. Revenue Cutter Service. She was named for the Revolutionary War hero Major General Nathanael Greene. Her name was misspelled, probably by the man who oversaw her construction, the Collector of Customs in Philadelphia, Sharp Delany. Apparently the cutter was to have been originally named for the Secretary of the Treasury, Alexander Hamilton, but Delany changed the name for reasons unknown.
Swiss neutrality is one of the main principles of Switzerland's foreign policy which dictates that Switzerland is not to be involved in armed conflicts between other states. This policy is self-imposed and designed to ensure external security and promote peace.
The Nationality Act of 1940 revised numerous provisions of law relating to American citizenship and naturalization. It was enacted by the 76th Congress of the United States and signed into law on October 14, 1940, a year after World War II had begun in Europe, but before the U.S. entered the war.
José Joaquim Almeida, was a Portuguese-born American privateer who fought in the Anglo-American War of 1812 and the Argentine War of Independence.
The Neutrality Act of 1818 was a United States law that repealed and replaced the Neutrality Act of 1794 and Neutrality Act 1817. The Act largely amended the previous two acts by repealing and replacing such Acts instead of directly amending the two Acts.
The Pacificus-Helvidius Debates were a series of newspaper disputes between American Founding Fathers Alexander Hamilton and James Madison regarding the nature of presidential authority in the wake of George Washington's controversial Proclamation of Neutrality.
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