Memorandum of Law on the Construction of Section 10 of the Federal Penal CodeU.S. Government Printing Office, 1915 - 30 էջ |
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29 George act was passed aforesaid American Act American statute apply appointed to receive Army Act articles of war Attorney General Cushing Britain British Army British subject captain CHARLES WARREN compulsory military service construed Crown deemed duly enlisted eign engage English Act English Dictionary 1755 enlist or enter enrol Federal Penal Code felony foreign enlistment foreign nation foreign prince foreign service Government Heirs or Successors Henry VII hire or retain inlisting money hath intent to enlist international law letter of marque levy Majesty Majesty's Government Majesty's service Majesty's subjects ment military service law Mutiny Act mutiny statutes oath offence penalties person to enlist person to go Potentate prest private soldier procure any subject reservists retain another person retinue seas serve any foreign serve as soldiers serve the King sovereign right Stat statutory subjects to serve supra technical meaning term enlist territory United violation voluntarily volunteers word enlist word retain
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Էջ 5 - James, and since his decease, pretending to be and taking upon himself the stile and title of King of England by the name of James the Third, or of Scotland by the name of James the Eighth, or the stile and title of King of Great Britain, hath not any right or title whatsoever to the crown of this realm...
Էջ 23 - States, enlist or enter himself, or hire or retain another person to enlist or enter himself, or to go beyond 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, every person, so offending, shall be deemed guilty of a high misdemeanor...
Էջ 6 - State, and each and every of them who shall at any time hereafter be found in any part of this State, shall be and are hereby adjudged and declared guilty of felony, and shall suffer death as in cases of felony without benefit of clergy.
Էջ 8 - In the second place, independently of the municipal relations of the acts in question, they constitute, whether they be the acts of the British government or of its minister and consuls, a violation of the sovereignty and of the neutral rights of the United States. The rule of public law is unequivocal on this point, and is correctly stated...
Էջ 4 - ... as a soldier, or as a marine or seaman, on board of any vessel of war, letter of marque or privateer, every person so offending shall be deemed guilty of a high misdemeanor, and shall be fined not exceeding one thousand dollars, and be imprisoned not exceeding three years...
Էջ 3 - ... 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.
Էջ 4 - People, who is transiently within The United States, to enlist or enter himself to serve such Foreign Prince, State, Colony, District, or People, on board such Vessel of War, Letter of Marque, or Privateer, if The United States shall then be at Peace with such Foreign Prince, State, Colony, District, or People.
Էջ 1 - British minister and his direct correspondence with recruiting officers in the United States and others, my opinion is positive, that the parties have made themselves amenable to the penalties of the statute, and may be convicted before any competent court of the United States. It is further to be observed, in conclusion of this branch of the subject, that whether the acts of the British minister and his agents, in recruiting troops within the United States, do or do not come within the technical...
Էջ 18 - Enlistment is a contract, but it is one of those contracts which changes the status, and where that is changed, no breach of the contract destroys the new status or relieves from the obligations which its existence imposes.