WRIGHT— POWER TO MEET RESPONSIBILITIES. 271 



tions." ^® These laws are embodied in the present criminal code of 



In the Scotia and other cases the court has recognized the inter- 

 national navigation regulations as obligatory. ^° 



" Undoubtedly," said Justice Strong, " no single nation can change the 

 law of the Sea. That law is of universal obligation, and no statute of one or 

 two nations can create obligations for the world. Like all the laws of na- 

 tions, it rests upon the common consent of civilized communities. It is of 

 force, not because it was prescribed by a superior power, but because it has 

 been generally accepted as a rule of conduct." 



These rules were adopted by Congress in an act of 1864. With 

 modifications agreed upon in a conference of 1889, Congress again 

 adopted them by an act of August 19, 1890, subject to the action 

 of other powers. After protracted negotiations the rules were 

 finally put into operation July i, 1897. The act of Congress has 

 provided penalties against masters, pilots, and vessels in case of 

 violation.-^ 



115. Offenses against Neutrality. 



The first neutrality act was passed June 5, 1794, after it had 

 been discovered that the President and courts lacked power effec- 

 tively to enforce neutrality with their independent powers. The 

 act as amended in 1797 and 1818 is still in effect, and is included in 

 the criminal code of 1910.-^ Further amendments were made in 

 1915 and 1917.-^ 



These laws provide for punishment of American citizens accept- 

 ing commissions while the United States is neutral, and for pimish- 

 ment of any one recruiting for foreign belligerents in American 



18 U. S. V. Smith, 5 Wheat. 153. 



19 Criminal Code of 1910, sec. 290 et seq. 



20 The Scotia, 14 Wall. 170, 1871. But see The Lottawanna, 21 Wall. 

 558, Willoughby, op. cit., pp. 1015-1017. 



■•1 Act Sept. 4, 1890, sees, i, 2, 26 Stat 423; Comp. Stat., sees. 7979, 7980; 

 June 7, 1897, sees. 3, 4, 30 Stat. 103; Comp. Stat. 7907, 7908; Moore, Digest, 

 2: 474. 



22 Criminal Code of 1910, sees. 9-18. See also Fenwick, The Neutrality 

 Laws of the United States, Washington, 1913, and Wright, The Enforcement 

 of International Law Through Municipal Law in the United States, 1915, 

 pp. 114 et seq. 



23 Act March 4, 1915, 38 Stat. 1226; May 7, 1917, June 15, 1917, sees, i-io, 

 40 Stat. 221-223; Comp. Stat., sees. 10, 182. 



