§ 15. Enlisting in foreign countries.
As the right of levying soldiers belongs solely to the
nation or the sovereign (§ 7), no person must attempt to enlist soldiers, in a
foreign country, without the permission of the sovereign; and, even with that
permission, none but volunteers are to be enlisted; for the service of their
country is out of the question here; and no sovereign has a right to give or
sell his subjects to another.
The man who undertakes to enlist soldiers in a foreign
country, without the sovereign's permission, — and, in general, whoever entices
away the subjects of another state, violates one of the most sacred rights of
the prince and the nation. This crime is distinguished by the name of kidnapping,
or man-stealing, and is punished with the utmost severity in every
well-regulated state. Foreign recruiters are hanged without mercy, and with
great justice. It is not presumed that their sovereign has ordered them to
commit a crime; and, supposing even that they had received such an order, they
ought not to have obeyed it, — their sovereign having no right to command what
is contrary to the law of nature. It is not, I say, presumed that these
recruiters act by order of their sovereign; and with respect to such of them as
have practised seduction only, it is generally thought sufficient to punish
them when they can be detected and caught: if they have used violence, and made
their escape, it is usual to demand a surrender of the delinquents, and to
claim the persons they have carried off. But if it appears that they acted by
order, such a proceeding in a foreign sovereign is justly considered as an
injury, and as a sufficient cause for declaring war against him, unless he
makes suitable reparation.
46 USC § 31343 - Recording and discharging notices of claim
of maritime lien
http://www.law.cornell.edu/uscode/text/46/31343
Recorded maritime liens take priority over unrecorded liens
and are called preferred maritime liens. The responsibility to record maritime liens
is delegated to the UNITED STATES COAST GUARD. They have forms and instructions
on their web site. But since there are no requirements for filing a maritime
lien, and no proof required, one can provide the public a Notice of Claim of
Maritime Lien by recording it with the county or with the Secretary of State or
recording it on a UCC1.
Maritime liens are ancient encumbrances on vessels under
Admiralty Law to enforce the payment of debts. Merchants and governments like
admiralty law because it provides less rights to a debtor than the common law.
Because ships can sail out of a jurisdiction, the merchants needed swift
execution to collect debts. Therefore a creditor can have a vessel arrested by
the police without any proof that the debt exists and without filing the lien.
This is called an "in rem" action, in which the vessel or its cargo
is seized without any proof. The creditor does not have to prove that the debt
is owed unless someone files a counterclaim in a court. Thus a Notice of Lien
can be sent to an alleged debtor without any proof or any filing. The courts
have termed this a "secret lien" because it is not filed anywhere
It is not possible to arrest people for statutory offenses
under the common law. The government is operating under Admiralty law when they
arrest 'persons' for statutory offenses. This is considered an 'in rem' action
against a vessel. All bankruptcy seizures are also considered 'in rem' actions.
Thus the title of the court case "In re Maxwell" means it is in rem.
Therefore, it is considered that bank foreclosures, traffic tickets and other
government arrests are only "notices of interest" or "notices of
lien" based on secret maritime liens that have no proof and are rebuttable
with a counterclaim. Therefore a recorded maritime lien would be a valid
counterclaim as an affirmative defense against those "notices of
interest". Enforcement of maritime liens is discussed in 28 USC 1602 to
1611, which is the Foreign Sovereign Immunity Act. Since a "person"
is defined as a "foreign state" and owner of a vessel, these statutes
describe daily life in the UNITED STATES.
The most quoted reference that defines a vessel as a person
in admiralty jurisdiction is: G. Gilmore & C. Black, The Law of Admiralty
p:586-89 (2d ed. 1975)
He defines a vessel as a person and it is also common
language in the dictionary and the Bible. Vessel is defined in the US Code at 1
USC 3. Black's Law Dictionary 8th Addition says the definition of vessel is
very broad. The standard dictionary defines vessel as "a person as an
agent or holder of something".
46 USC § 31343 - Recording and discharging notices of claim
of maritime lien look under the US CODE tab
http://www.law.cornell.edu/uscode/text/46/31343
How would you like to be a
vessel?
U.S. Department of Justice
United States Marshals Service
Western District of Washington
PROCEDURES TO ARREST A VESSEL
1. Review Local Rules for U.S.
District Court, Western District of Washington,
Supplemental Admiralty Rules.
2. File original and one (1) copy
of each with the Clerk of the Court for the judge's review:
a. Verified complaint.
b. Motion for Issuance of Warrant
for Arrest.
c. Order for Issuance of Warrant
for Arrest.
3. Clerk of Court will issue the
Warrant for Arrest per order from judge.
4. Deliver the following to the
U.S. Marshal's Office:
a. One completed Form USM-285
(Process Receipt and Return) for Warrant for
Arrest. Be sure to include the
name and official number of the vessel; a current
location of the vessel including
the port, marina, and slip, as appropriate. If there
are any specific instructions
relating to the arrest, please note them in the
appropriate section of the Form
USM-285.
b. Three (3) copies of the
complaint.
c. Three (3) certified copies of
the Order Authorizing Issuance of Warrant for
Arrest.
d. The original and three (3)
copies of the Warrant for Arrest.
e. A deposit of the ten (10) days
costs payable to the U.S. Marshal. Costs included
are: insurance coverage based on
the length and value of the vessel, custodian
charges, moorage, towing, etc.
The U.S. Marshals will arrange for the placement
of a twenty-four (24) hour guard
on all arrested vessels unless there is an Order
for Substitute Custodian. Western
Washington requires a minimum of $10,000.00
or $2,000.00 (with Substitute
Custodian).
f. Manpower limitations and the
priority of criminal matters make it advisable to get
the required paperwork to this
office with as much lead-time as possible.
Normally two (2) or three (3)
days is sufficient.
An individual who is entitled to a maritime lien may forfeit
his or her right if he or she delays in enforcing it or does something
inconsistent with the lien. Allowing the ship to depart does not affect the
lien; however, the complete destruction of a vessel extinguishes it.
A lienholder must sue in federal court in order to enforce a
maritime lien, and anyone holding a lien against the ship can intervene in the
action. The court may order a sale of the ship and its cargo and distribute the
proceeds to those who establish a valid claim against the ship. Where there are
insufficient funds to satisfy every claim, the court determines which liens
have priority, and the percentage of recovery that each claimant is entitled to
collect.
The Salvage Act
(46U.S.C.A. §§ 727–731 [1912]) provides for compensation to persons who help
save a ship or cargo from danger or help recover a ship or cargo from actual
loss. To qualify for salvage remuneration, a person must not be acting in
service of the ship or in performance of a contract, and the help given must
have contributed at least in part to a wholly or partially successful salvage
of the ship or goods.
