es with
foreign powers as a part of the law of the land. This duty was pointed
out by Secretary Randolph in a circular of April 16, 1795, to the
governors of the different States during the war between France and
England. He defined the duties of neutrality and concluded: "As often as
a fleet, squadron or ship, of any belligerent nation shall clearly and
unequivocally use the rivers, or other waters ... as a station in
order to carry on hostile expeditions from thence, you will cause to be
notified to the commander thereof that the President deems such conduct
to be contrary to the rights of our neutrality.... A standing order
to this effect may probably be advantageously placed in the hands of
some confidential officer of the militia, and I must entreat you to
instruct him to write by mail to this Department, immediately upon the
happening of any case of the kind."[57]

[Footnote 57: Moore, Digest of Int. Law, Vol. VII, p. 934-935.]

It was the duty of the central Government to prevent as far as possible
any abuse of the privileges which the laws of war allowed to the
belligerents. "A Government is justly held responsible for the acts of
its citizens," said Justice McLean of the United States Supreme Court,
speaking of the Canadian insurrection of 1838. And he continued: "If
this Government be unable or unwilling to restrain our citizens from
acts of hostility against a friendly power, such power may hold this
nation answerable and declare war against it."[58]

Clearly the responsibility for the proper restraint rested upon the
President with reference to the incidents which occurred around New
Orleans. The fact that forbidden acts committed within the jurisdiction
of a State of the Union escape punishment within that State does not
relieve the central government of responsibility to foreign governments
for such acts. In view of this fact the citizens of the separate States
should remember the consequences which may result from their acts. The
warning of Justice McLean, speaking of the incident already cited, is to
the point:

[Footnote 58: Citing Reg. _v_. Recorder of Wolverhampton, 18 Law T.
395-398; see also H.R., Doc. 568, 57 Cong., 1 Sess., p. 17.]

"Every citizen is ... bound by the regard he has for his country, by
the reverence he has for its laws, and by the calamitous consequences of
war, to exert his influence in suppressing the unlawful enterprises of
our citizens against any foreign and friendly power