Neutrality in the United States

Neutrality Definition

The state of a nation which takes no part between two or more other nations at war with each other. The strict definition rather imports the duty which a neutral owes to a belligerent, than the relative situation in which that belligerent chooses to place her. But as it rests with every belligerent to determine, according to its views of expediency, in what way it will deal with neutrals who have acted in violation of their duty; neturality, therefore, in a more enlarged sense, may signify that permitted relation between any two states, after the right to its continuance has been forfeited by one of them. (…)

Neutrality consists in the observance of a strict and honest impartiality, so as not to afford advantage in the war to either party, and particularly in so far restraining its trade to the accustomed course which is held in time of peace as not to render assistance to one of the belligerents in escaping the effects of the other’s hostilities.

Even a loan of money to one of the belligerent parties is considered a violation of neutrality. (…) A fraudulent neutrality is considered as no neutrality. [1]

History: the Declaration of Neutrality

The Proclamation of Neutrality (April 22, 1793), after a a special cabinet meeting, was issued by President George Washington upon notification that France and Britain (with Holland) were at war. The first declared war against Great Britain and the Netherlands early in April, 1793. It pledged the United States to “pursue a course friendly and impartial” toward the belligerents. See the declaration:

Whereas it appears that a state of war exists between Austria, Prussia, Sardinia, Great Britain, and the United Netherlands, of the one part, and France on the other; and the duty and interest of the United States require, that they should with sincerity and good faith adopt and pursue a conduct friendly and impartial toward the belligerant Powers;

I have therefore thought fit by these presents to declare the disposition of the United States to observe the conduct aforesaid towards those Powers respectfully; and to exhort and warn the citizens of the United States carefully to avoid all acts and proceedings whatsoever, which may in any manner tend to contravene such disposition.

And I do hereby also make known, that whatsoever of the citizens of the United States shall render himself liable to punishment or forfeiture under the law of nations, by committing, aiding, or abetting hostilities against any of the said Powers, or by carrying to any of them those articles which are deemed contraband by the modern usage of nations, will not receive the protection of the United States, against such punishment or forfeiture; and further, that I have given instructions to those officers, to whom it belongs, to cause prosecutions to be instituted against all persons, who shall, within the cognizance of the courts of the United States, violate the law of nations, with respect to the Powers at war, or any of them.

In testimony whereof, I have caused the seal of the United States of America to be affixed to these presents, and signed the same with my hand. Done at the city of Philadelphia, the twenty-second day of April, one thousand seven hundred and ninety-three, and of the Independence of the United States of America the seventeenth.

Neutrality in Foreign Legal Encyclopedias

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Notice

1. This definition of Neutrality is based on The Cyclopedic Law Dictionary.

Neutrality in the U.S. Legal History

Summary

U.S. policy of impartiality during World Wars I and II.

Finding the law: Neutrality in the U.S. Code

A collection of general and permanent laws relating to neutrality, passed by the United States Congress, are organized by subject matter arrangements in the United States Code (U.S.C.; this label examines neutrality topics), to make them easy to use (usually, organized by legal areas into Titles, Chapters and Sections). The platform provides introductory material to the U.S. Code, and cross references to case law. View the U.S. Code’s table of contents here.

Neutrality

In Legislation

Neutrality in the U.S. Code: Title 22, Chapter 9, Subchapter II

The current, permanent, in-force federal laws regulating neutrality are compiled in the United States Code under Title 22, Chapter 9, Subchapter II. It constitutes “prima facie” evidence of statutes relating to Foreign Relations (including neutrality) of the United States. The reader can further narrow his/her legal research of the general topic (in this case, War and Neutrality of the US Code, including neutrality) by chapter and subchapter.