Foreign Enlistment Act 1870 facts for kids
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| Long title | An Act to regulate the conduct of Her Majesty's Subjects during the existence of hostilities between foreign states with which Her Majesty is at peace. |
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| Citation | 33 & 34 Vict c 90 |
| Dates | |
| Royal assent | 9 August 1870 |
| Commencement | United Kingdom: 9 August 1870 |
| Text of the Foreign Enlistment Act 1870 as in force today (including any amendments) within the United Kingdom, from legislation.gov.uk | |
The Foreign Enlistment Act 1870 is a law made by the Parliament of the United Kingdom. It aims to control how British citizens act when other countries are fighting. This law mainly stops British people from becoming mercenaries (soldiers who fight for money for a foreign country).
The law was officially approved on 9 August 1870.
Contents
Why Was This Law Made?
Before this law, there wasn't a clear rule against British people joining foreign armies. In fact, people fighting for money in other countries had been common for a long time.
The First Law: 1819
A similar law, the Foreign Enlistment Act 1819, was passed in 1819. This earlier law was created to help Britain stay neutral (not take sides) during the Spanish American wars of independence. It made it against the law for British citizens to join foreign armies. If they did, they could face fines and even go to prison.
However, this 1819 law was almost never used. Many people, including a politician named John Murray, thought it was unpopular. Even though some tried, the law was not removed, but it also wasn't very effective.
The New Law: 1870
On 9 August 1870, a new version of the law was created. This happened because of the Franco-Prussian War, where Britain wanted to remain neutral. The 1870 Act replaced the old 1819 law.
This new law was based on ideas from a special group that studied the issue after the American Civil War. The 1870 Act made several things clearer:
- It only applied when Britain was at peace with the countries that were at war.
- It limited prison sentences for breaking the law to two years.
- It made it illegal to plan or carry out military trips.
- It also made it against the law to help others break the Act or trick people into joining foreign armies.
So, the 1870 law was important for Britain to stay neutral in conflicts like the Russo-Turkish War and the Russo-Japanese War. During these wars, British officials stopped warships from sailing to the countries involved.
When Was the Law Used (or Not Used)?
Even after the 1870 Act, British authorities often did not strictly enforce it. It was usually ignored unless foreign military actions directly threatened Britain's neutrality.
Examples of Non-Enforcement
Many British people fought in foreign wars without facing consequences:
- Over 5,000 Britons joined Simon Bolivar in South America during the Spanish American wars of independence.
- About 300 Britons fought for Dom Pedro of Brazil against Portugal in 1832.
- Irish and Quebec Catholics fought for the Papal States in the late 1860s.
The American Civil War
During the American Civil War, Britain was neutral. Yet, more than 50,000 British North Americans (many from Canada) fought for the Union side. A smaller number fought for the Confederacy. Only a few people were ever charged under the law.
One famous case was Colonel Arthur Rankin. He joined the Union army in 1861. He was charged, but the case was eventually dropped. Rankin believed he and other Canadians had a "perfect right" to fight for what they believed in.
A Special Case: Spain in 1835
The British Parliament actually paused this law once. In 1835, during the First Carlist War in Spain, the law was suspended for two years. This allowed British citizens to join the army of Queen Isabella II of Spain.
Later Prosecutions
The last time someone was successfully charged under this law was in 1896. This was Sir Leander Starr Jameson, who led a raid into South Africa.
More recently, in 1975, a group from Angola tried to recruit soldiers in Britain. This led to a special committee looking into the law. They called the 1870 Act "antiquated" (very old-fashioned).
In 2022, after the 2022 Russian invasion of Ukraine, the British Foreign Secretary Liz Truss said she would support Britons volunteering to fight for Ukraine. This caused debate. Some, like former Attorney General for England and Wales Dominic Grieve, said it would break the 1870 Act. Others, like Sir Bob Neill, called the Act "antiquated" and said it shouldn't be enforced.
Outside the United Kingdom
The 1870 Act first applied across the entire British Empire. But as countries in the Commonwealth became independent, they slowly removed or replaced this law.
Canada
Canada, which was part of the British Empire, also had to deal with this law. In 1875, a Canadian politician tried to make a clearer law for Canada, but it was dropped.
Later, in 1937, the Canadian Parliament passed its own Canadian Foreign Enlistment Act. This was because of concerns about Canadians joining the International Brigades in the Spanish Civil War. While investigations happened, no one was ever charged under this Canadian law.
Even when many Canadians joined the U.S. military during the Vietnam War, Canada remained neutral. No Canadian Vietnam War veteran was charged under the 1937 Canadian law. This Canadian law is still in effect today.
See also
- Neutrality Act of 1794 (US)
- British ambulances in the Franco-Prussian War
