Although this proposal defied the Neutrality Act, Magee resigned his commission in June 1812 and personally recruited many of the soldiers.
Neutrality Act of 1794, outlaws military operations against nations with which the U.S. is at peace; still in force in amended form
The Act was used in the trials of Aaron Burr, William S. Smith and Etienne Guinet, who, with Frenchman Jean Baptist LeMaitre, were convicted of outfitting an armed ship to take part in France's war against Great Britain.
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The French Ambassador to the United States, Edmond-Charles Genêt, had been actively recruiting American privateers for attacks on Spain and Great Britain, with whom the French Republican Government was at war.
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