re." In the proclamation of 1817, the tacit
reference is doubtless to certain Acts of George II, which, having been
passed for a very different purpose, and having proved inadequate in
their new application, were repealed by the Foreign Enlistment Act of
1819. This is the Act to which reference is made in the proclamations of
1823 and 1825; in the former of which we first get a recital of
neutrality; while in the latter the clause enjoining all subjects
strictly to observe the duties of neutrality and to respect the exercise
of belligerent rights first makes its appearance.
2. The proclamation of 1859 is of a very different character, bearing
traces of the influence of the ideas which had inspired the action of
President Washington in 1793. While carrying on the old, it presents
several new features. British subjects are enjoined to abstain from
violating, not only "the laws and statutes of the realm," but also (for
the first time) "the law of nations." They are also (for the first time)
warned that, if any of them "shall presume, in contempt of this our
Royal Proclamation, and of our high displeasure, to do any acts in
derogation of their duty as subjects of a neutral Sovereign, ... or in
violation of the law of nations, ... as, more especially," by breach of
blockade, or carriage of contraband, &c., they will "rightfully incur,
and be justly liable to, hostile capture, and to the penalties denounced
by the law of nations in that behalf"; and notice is (for the first
time) given that those "who may misconduct themselves in the premises
will do so at their peril, and of their own wrong; and that they will in
no wise obtain any protection from Us against such capture, or such
penalties as aforesaid, but will, on the contrary, incur Our high
displeasure by such misconduct."
The proclamations of 1861 and February and March 1866 complicate
matters, by making the warning clause as to blockade and contraband
apply also to the statutory offences of enlistment, &c.; but the
proclamation of June, 1866, gets rid of this complication by returning
to the formula of 1859, which has been also followed in 1870, 1877,
1898, and in the present year.
The formula as it now stands, after the process of growth already
described, may be said to consist of seven parts--viz. (1) a recital
of neutrality; (2) a command to subjects to observe a strict neutrality,
and to abstain from contravention of the laws of the realm or the law of
natio
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