The testimony of Charles J. Cole showed that as foreman in charge of seventy or more men he had made six trips to South Africa in the service of the British Government or of its agents. His testimony was substantiated by certificates for seamen discharged before the superintendent of a mercantile marine office in the British Empire, a British consul, or a shipping officer on board the vessel on which he had sailed. He had been employed on the transports Prah, Montcalm, Knight Bachelor, Montezuma, and Rosetta, all engaged in transporting horses and mules to the British army in South Africa. He testified that the transports were in charge of regular officers of the English army and that from them all orders were received. He also avowed that many of the men were urged and solicited by the officers to join the British army, and were unable to obtain their pay unless they complied with the request.[34]
[Footnote 34: Pearson et al. v. Parson et al., United States Circuit
Court, Eastern District of Louisiana; also H.R., Doc. 568, 57 Cong., 1
Sess., p. 20.]
The affidavit of R.J. Tourres showed that he had served on the ship Milwaukee. He averred that the ship's articles were signed by him before the vice-consul of the British Government; that he was finally referred to an officer of the English army for duty and acted under his orders during the voyage from New Orleans to Cape Town; that when the vessel was not allowed to land its cargo at that place on account of the plague the consignment of horses and mules for the British army was delivered at Durban to English officers in uniform; that he was not allowed to go ashore except upon the condition of signing with the recruiting officer and joining the British army; that during the entire voyage a British military officer in uniform controlled the ship's crew; and that among the men the Milwaukee was known as a transport under the direct command of regularly detailed officers of the English army.[35]
[Footnote 35: Sworn to before notary public Mch. 21, 1902. H.R., Doc. 568, 57 Cong., 1 Sess., p. 21.]
The testimony 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 of the United States, or the augmentation of the force of any foreign vessel of war. The next prohibits military expeditions of any kind. This section reads:
"Every person who, within the territory or jurisdiction of the United States, begins, or sets on foot, or provides or prepares the means for, any military expedition or enterprise, to be carried on from thence against the territory or dominions of any foreign prince, state, colony, district or people, with whom the United States are at peace, shall be deemed guilty of a misdemeanor, and shall be fined not exceeding $3,000, and imprisoned not more than three years."[38]