mony of a number of other witnesses sworn before the
commissioner for the eastern district of Louisiana showed that the wages
of the men employed upon the ship _Montcalm_ had been refused by the
captain unless they would agree to enlist in the British army, but as
American citizens they had refused to enlist and had demanded the wages
due them under the ship's articles. August Nozeret, an American citizen,
foreman of a corps of muleteers on board the _Montcalm_, testified that
he was told by the ship's officers that the only way to secure his
discharge at Port Elizabeth was to have a recruiting officer vouch for
his enlisting in the British army; and that he complied with this demand
and escaped enlistment only by pretending to be physically unable to
count the number of perforations in a card when required to do so as a
test of sight at the recruiting office. The affiant was able to say from
his own personal knowledge that certified discharges were not given
unless the men were willing to enlist in the English army.[36] An
abundance of other evidence to the same effect was produced, and it was
shown that both the _Montcalm_ and the _Milwaukee_ were under the direct
control of the British war authorities. Both had their official numbers
painted from their hulls before entering the Portuguese harbor of Beira.
[Footnote 36: Cramer et al. _v_. S.S. _Montcalm_, United States District
Court, Eastern District of Louisiana, in Admiralty, No. 13,639; also
H.R., Doc. 568, 57 Cong., 1 Sess., pp. 22-23.]
The evidence which was thus placed before the President would seem to
show that the spirit at any rate of the neutrality laws of the United
States[37] had been violated, and that this violation had been
systematically carried out by the British Government and not by
individual citizens merely as a commercial venture.
[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
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