Section 5290 empowers
the collectors of the customs to detain foreign vessels: "The several
collectors of the customs shall detain any vessel manifestly built for
warlike purposes, and about to depart the United States, the cargo of
which principally consists of arms and munitions of war, when the number
of men on board, or circumstances render it probable that such vessel is
intended to be employed by the owners to cruise or commit hostilities
upon the subjects, citizens or property of any colony, district or
people with whom the United States are at peace, until the decision of
the President is had thereon, or until the owner gives such bond and
security as is required of the owners of armed vessels by the preceding
section." Section 5291 defines the construction to be put upon the
neutrality laws. They are not to be construed to extend to any subject
or citizen of any foreign State who is only transiently within the
United States, nor directly to be construed in such a way as to prevent
the prosecution or punishment of treason, or of any piracy defined by
the laws of the United States. Possibly the alleged unneutral acts in
the territorial waters of the United States did not fall within the
strict letter of the restrictions contained in these laws.
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