[Footnote 37:  Revised Statutes, Title LXVII, Sections 5281-5291, inclusive.]

The first section of the neutrality laws which were passed by Congress in 1818 defines the offense of accepting a foreign commission and lays down the penalty for such an offense.  The second section forbids any person within the territory of the United States to enlist in a foreign service “as soldier, or as a mariner, or seaman, on board of any vessel of war, letter of marque, or privateer.”  The three following sections prohibit the arming of a vessel to cruise against a people at peace with the United States, or against the citizens of the United States, or the augmentation of the force of any foreign vessel of war.  The next prohibits military expeditions of any kind.  This section reads: 

“Every person who, within the territory or jurisdiction of the United States, begins, or sets on foot, or provides or prepares the means for, any military expedition or enterprise, to be carried on from thence against the territory or dominions of any foreign prince, state, colony, district or people, with whom the United States are at peace, shall be deemed guilty of a misdemeanor, and shall be fined not exceeding $3,000, and imprisoned not more than three years."[38]

[Footnote 38:  Sec. 5286.]

Section 5287 provides for the enforcement of the foregoing provisions.  It leaves the cognizance of all complaints in the hands of the several district courts, but empowers the President to employ the land and naval forces to enforce all of the restrictions embodied in the neutrality provisions.  The following section empowers the President to compel foreign vessels “to depart the United States in all cases in which, by the laws of nations, or by the treaties of the United States they ought not to remain within the United States,” Section 5289 requires that a foreign armed vessel shall give bond on clearance.  Section 5290 empowers the collectors of the customs to detain foreign vessels:  “The several collectors of the customs shall detain any vessel manifestly built for warlike purposes, and about to depart the United States, the cargo of which principally consists of arms and munitions of war, when the number of men on board, or 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 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.”  Section 5291 defines the construction to be put upon the neutrality laws.  They are not to be construed to extend to any subject or citizen of any foreign State who is only transiently within the United States, nor directly to be construed in such a way as to prevent the prosecution or punishment of treason, or of any piracy defined by the laws of the United States.  Possibly the alleged unneutral acts in the territorial waters of the United States did not fall within the strict letter of the restrictions contained in these laws.  But if the provisions of 1818 are construed so as to require the maintenance of a perfect neutrality it would seem that they were evaded in the transactions which were permitted at the port of New Orleans.