§461 — Title 22 Foreign Relations and Intercourse | U.S. Code

Summary

Federal district courts must hear complaints about captured ships when the capture happened in U.S. waters or within a marine league of the coast. This includes cases where a ship is being fitted or armed, its fighting force is increased, a military expedition is started in violation of this subchapter and sections 958 to 962 of title 18, captures within U.S. jurisdiction, or when someone holding a foreign warship disobeys a U.S. court order. The President, or someone he authorizes, may use U.S. land or naval forces or the militia to seize and hold such vessels and their prizes (captured property) to enforce those laws, return prizes if a court orders, and stop any expedition from U.S. territory against a foreign power with whom the United States is at peace.

Title 22, §461

Foreign Relations and Intercourse — Source: USLM XML via OLRC

The district courts shall take cognizance of all complaints, by whomsoever instituted, in cases of captures made within the waters of the United States, or within a marine league of the coasts or shores thereof. In every case in which a vessel is fitted out and armed, or attempted to be fitted out and armed, or in which the force of any vessel of war, cruiser, or other armed vessel is increased or augmented, or in which any military expedition or enterprise is begun or set on foot, contrary to the provisions and prohibitions of this subchapter and sections 958 to 962 of title 18; and in every case of the capture of a vessel within the jurisdiction or protection of the United States as before defined; and in every case in which any process issuing out of any court of the United States is disobeyed or resisted by any person having the custody of any vessel of war, cruiser, or other armed vessel of any foreign prince or state, or of any colony, district, or people, or of any subjects or citizens of any foreign prince or state, or of any colony, district, or people, it shall be lawful for the President or such other person as he shall have empowered for that purpose, to employ such part of the land or naval forces of the United States, or of the militia thereof, for the purpose of taking possession of and detaining any such vessel, with her prizes, if any, in order to enforce the execution of the prohibitions and penalties of this subchapter and sections 958 to 962 of title 18, and the restoring of such prizes in the cases in which restoration shall be adjudged; and also for the purpose of preventing the carrying on of any such expedition or enterprise from the territory or jurisdiction of the United States against the territory or dominion of any foreign prince or state, or of any colony, district, or people with whom the United States are at peace.

Notes & Related Subsidiaries

Editorial Notes

Codification This subchapter and sections 958 to 962 of title 18, referred to in text, was in the original “this chapter”, meaning chapter 2 of the act of Mar. 4, 1909, which had been classified to sections 461 to 464 of this title and sections 21 to 25, and 30 of former Title 18, Criminal Code and Criminal Procedure. “This subchapter” substituted in text for “sections 461 to 464 of this title”. “Sections 958 to 962 of title 18” substituted in text for “sections 21 to 25, and 30 of title 18” on authority of act

June 25, 1948, ch. 645, 62 Stat. 683, section 1 of which enacted Title 18, Crimes and Criminal Procedure. Section was formerly classified to section 26 of title 18 prior to the general revision and enactment of Title 18 by act

June 25, 1948, ch. 645, § 1, 62 Stat. 683.

Prior Provisions

Section was derived from R.S. § 5287 (act Apr. 20, 1818, ch. 88, § 8, 3 Stat. 449) which was amended by act Feb. 18, 1875, ch. 80, 18 Stat. 320, and was repealed by section 341 of the act of Mar. 4, 1909.

§461 Enforcement by Courts; Employment of Land or Naval Forces

Summary

Title 22, §461

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

Citations & Metadata