tates 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.

In this connection the neutrality clause of the Treaty of Washington is
of interest. This treaty was signed in 1871 by Great Britain and the
United States and is illustrative of the requirements of neutrality as
understood by these two nations should either be at war with a third
party. For the immediate purposes of war the allied republics of South
Africa by the fact of their recognized belligerent status possessed
rights equal in international law to those held by Spain or by the
United States with reference to third powers during the Spanish-American
War. On April 26, 1898, the day after this war was declared, the British
declaration of neutrality referred to the Treaty of Washington as
embodying the terms upon which a neutral attitude should be observed: "A
neutral government is bound ... not to permit or suffer either
belligerent to make use of its ports or waters as the base of naval
operations against the other, or for the purpose of the renewal or
augmentation of military supplies of arms, or the recruitment of men, ...
to exercise due diligence in its own ports and waters, and as to all
persons within its own jurisdiction, to prevent any violation of the
foregoing obligations and duties,"[39]

[Footnote 39: Art. VI; London Gazette Extraordinary, April 26, 1898;
For. Rel., 1899, pp. 865-866.]

Illegal enlistment was clearly defined as understood by Great Britain:
"If any person ... being a British subject, within or without Her
Majesty's dominions, accepts or agrees to accept any commission or
engagement in the military or naval service of any foreign state at war
with any foreign state at peace with Her Majesty, ... or whether a
British subject or not, within Her Majesty's dominions, induces any
other person to accept any commission or engagement in the military or
naval service of any ... foreign state ... he shall be guilty of an
offense" against this act. And, "If any person induces any other person
to quit Her Majesty's dominions or to embark on any ship within Her
Majesty's dominions under a misrepresentation or false representation of
the service in which such person is to be engaged, with the intent or in
order