in any place subject to the jurisdiction thereof, and not duly Criminal authorized, counsels, advises, or assists in any such corre- correspondspondence with such intent, shall be fined not more than five ence with thousand dollars and imprisoned not more than three years; ernment foreign govbut nothing in this section shall be construed to abridge the right of a citizen to apply, himself or his agent, to any foreign government or the agents thereof for redress of any injury which he may have sustained from such government or any of its agents or subjects. This section is the same as U. S. Rev. Sts. § 5335, except that the words "or in any place subject to the jurisdiction thereof" are twice inserted. See United States v. Craig, 28 F. R. 795, 801; American Banana Co. v. United Fruit Co. 213 U. S. 347, 356, 53 L. ed. 826. SECTION 6. If two or more persons in any State or Terri- Seditious tory, or in any place subject to the jurisdiction of the United conspiracy States, conspire to overthrow, put down, or to destroy by force the Government of the United States, or to levy war against them, or to oppose by force the authority thereof, or by force to prevent, hinder, or delay the execution of any law of the United States, or by force to seize, take, or possess any property of the United States contrary to the authority thereof, they shall each be fined not more than five thousand dollars, or imprisoned not more than six years, or both. This section is practically the same as U. S. Rev. Sts. § 5336, except that the words "or in any place subject to the jurisdiction of the United States" are added. This section is constitutional, and it includes a conspiracy or agreement of two or more persons to drive the Chinese out of the United States, or to maltreat or intimidate them with a view of constraining them to depart therefrom. Re Impanelling Grand Jury, 11 Sawyer, 522, 26 F. R. 749. The first clause of this section implies force against the government as a government. To constitute an offense under it the authority of the government must be opposed; force must be brought to resist some positive assertion of authority by the government. A mere violation of law is not enough; there must be an attempt to prevent the actual exercise of Seditious conspiracy authority. Where force is exerted in opposition to a class of persons who have a right to look to the government for protection against such wrongs, and not in opposition to the government while actually engaged in the attempt to afford that protection, the case is not within the first clause. Baldwin v. Franks, 120 U. S. 678, 30 L. ed. 766. Under the second clause the government must be prevented, hindered, or delayed in executing its laws. It is not enough to bring a case within it that the laws were set at defiance. There must be a forcible resistance to the authority of the United States while endeavoring to carry the laws into execution. Force exerted against a class of people contrary to law is not such an offense. Id., reversing Re Baldwin, 27 F. R. 187. See Wright v. United States, 108 Id. 805; In re Grand Jury, 62 Id. 837; Charge to Grand Jury, 1 Bond, 609. Recruiting SECTION 7. Whoever recruits soldiers or sailors within for service the United States, or in any place subject to the jurisdiction against thereof, to engage in armed hostility against the same, or United opens within the United States, or in any place subject to the States jurisdiction thereof, a recruiting station for the enlistment of such soldiers or sailors to serve in any manner in armed hostility against the United States, shall be fined not more than one thousand dollars and imprisoned not more than five years. Enlisting to serve This section is practically the same as U. S. Rev. Sts. § 5337, except that the words "or in any place subject to the jurisdiction thereof" are twice added. Charge to Grand Jury, 1 Bond, 609. Also 2 Sprague, 292. SECTION 8. Every person enlisted or engaged within the United States or in any place subject to the jurisdiction thereagainst of, with intent to serve in armed hostility against the United States, shall be fined one hundred dollars and imprisoned not more than three years. United States This section is the same as U. S. Rev. Sts. § 5338, except that the word "person" is substituted for "soldier or sailor," and the words "or in any place subject to the jurisdiction thereof" are added. gen THE United States courts have authority, under the eral law of nations, and in the absence of any Act of Congress, to decree restitution of property captured in violation of their neutrality. The Estrella, 4 Wheat. 298, 4 L. ed. 574; The Gran Para, 7 Id. 471, 5 L. ed. 501. The Government is bound of its own motion to use diligence to observe all obligations of neutrality; such international obligations are not increased or lessened by the enactment of neutrality laws. 21 A. G. Op. 267. The furnishing of money to be used on behalf of a foreign people struggling for independence, but not in supplying arms and munitions of war, is not in contravention of the neutrality laws. Bailey v. O'Mahoney, 33 N. Y. Supr. Ct. 239. Such laws in the United States and Great Britain do not forbid and punish combinations to aid or abet foreign rebellions, which combinations are a violation of national comity (8 A. G. Op. 216, 375, 472); nor do they prohibit vessels going to sea from being armed for defense. British Consul v. The Mermaid, Bee Adm. 69. Commanders and officers of foreign vessels who violate these laws, may be prosecuted in our courts. 4 A. G. Op. 336; 3 Id. 747. The neutrality Accepting SECTION 9. Every citizen of the United States who, within friendly power imprisoned not more than three years. This section is practically identical with U. S. Rev. Sts. § 5281. This Title "was undoubtedly designed in general to secure neutrality in wars between two other nations, or between contending parties recognized as belligerents, but its operation is not necessarily dependent on the existence of such state of belligerency." Wiborg v. United States, 163 U. S. 632, 41 L. ed. 289, 73 Fed. Rep. 159. The claimant of a right of asylum in a foreign country, with which United States has a treaty, but who, having been there kidnapped, is here tried and convicted in a State court, cannot invoke the protection of the United States Supreme Court, on error, because of the violation of such right of asylum, or on the ground of a denial of due process of law. Ker v. Illinois, 119 U. S. 436, 30 L. ed. 421. The right of refuge and asylum in a foreign embassy exists in the civil ized nations of Europe or their ships of war, or in the Accepting foreign Spanish-American states, and merchant vessels clearly have commission no right of asylum. See Snow's Int. Law, 139-150; also to serve 7 Political Science Quarterly (1892), pp. 1, 197, 397; John against friendly Bassett Moore, upon The Case of the Salvadorean Ref- power ugees, in 29 Am. L. Rev. 1, 6. The right of asylum was, however, recently maintained by Portugal in support of the refuge accorded in 1894 at Rio Janeiro by her war vessels to the fugitive Brazilian insurgents, and this action led to a rupture of diplomatic relations between the two governments. See 10 Law Quarterly Rev. 256. SECTION 10. Whoever, within the territory or jurisdiction Enlisting of the United States, enlists, or enters himself, or hires or re- in foreign tains another person to enlist or enter himself, or to go beyond service the limits or jurisdiction of the United States with intent to be enlisted or entered in the service of any foreign prince, state, colony, district, or people, as a soldier, or as a marine or seaman, on board of any vessel of war, letter of marque, or privateer, shall be fined not more than one thousand dollars and imprisoned not more than three years. This section is practically identical with U. S. Rev. Sts. § 5282. Stoughton v. Taylor, 2 Paine, 665, 667; United States v. Hertz, 3 Pitts. L. J. 194, 26 Fed. Cas. 293. This applies to foreign consuls raising troops here for the military service of Great Britain. 7 A. G. Op. 367, 4 Id. 336. It does not apply to those who go abroad for foreign enlistment, or to those who transport such persons. United States v. Kazinski, 2 Sprague, 7. But if an association is originated beyond the sea to concert an expedition thence to commit hostilities against a friendly power, it is unimportant whether the persons engaged therein take the whole vessels themselves or depart hence as passengers. Ex parte Needham, Pet. C. C. 487, 17 Fed. Cas. 1274. One does not violate § 5282 by leaving this country with intent to enlist in the military service of a foreign government. Neither is it an offense under it to transport persons |