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"If rapine is abolished, one of the encouragements to war is taken away, and peace therefore more likely to continue and be lasting.

"The practice of robbing merchants on the high seas, a remnant of the ancient piracy, though it may be accidentally beneficial to particular persons, is far from being profitable to all engaged in it, or to the nation that authorizes it." They add a strong condemnation of privateering. (See Diplomatic Correspondence vol. 2d, p. 237–8.)

Baron De Thulemeier, the Prussian minister, in a letter to our negotiators of December 10th, 1784, referring to the same subject said: "The 23d Article is dictated by the purest zeal in favor of humanity. Nothing can be more just than your reflections on the noble disinterestedness of the United States of America. It is to be desired that these sublime sentiments may be adopted by all the maritime powers without any exceptions. The calamities of war will be much softened and hostilities, often provoked by cupidity and the inordinate love of gain, will be of more rare occurrence," (Ib. vol. 2d, p. 257.)

Such were the reasons for those new and improved principles of the law of nations, which called forth the admiration of Washington and Napoleon, and in the end will secure the assent of all Christian nations.

The treaty of 1785 was truly declared by Washington in a letter to Lafayette, to form a new and happy era, marking the progress of nations towards a permanent state of peace. (See Spark's Writings of Washington, vol. 9th, p. 193–4,)

The French Republic, for a moment, became enamoured with our idea of limiting war to martial combatants, to public property and fortified places, and she urged upon England, by M. Chauvelin, the French minister, the adoption of this improvement in public law.

Our American authorities of the greatest value are to the same effect. Benjamin Franklin, one of the first philosophers, statesmen and philanthropists of which any age can boast, has, with his distinguished associates Thomas Jefferson and John Adams, both afterwards presidents of the United States, given in our treaty with Prussia a solemn sanction to this doctrine. Speaking on the subject of captures of private persons and property in war, Franklin thus expressed his opinion: "It is time, it is high time, for the sake of humanity that a stop were put to this enormity." Again insisting on the introduction of a new rule of public law prohibiting such captures and privateering he said: "This will be a happy improvement in the law of nations."

Hugh S. Legare, late Attorney General of the

United States, a statesman and philanthropist of distinction, as chairman of the committee of foreign affairs in the House of Representatives, in a report made on the subject of peace, and the improvement of international law said: "Had England not engrossed the empire of the seas for about a century past, it is scarcely possible to doubt but that the law of maritime captures would have been made to correspond more strictly with the analogies of war on land, and private property been held as sacred in the one case as in the other. It is worthy of notice, that at the Congress of Utretcht, before her ascendant was established, that power was the advocate of the rights of neu-. trals. She is now their worst enemy."

Our able civilian, Alexander H. Everett, former minister to Spain, in his learned work on Europe, shows that there is in reason no distinction be-. tween private persons and property at sea and on land, that their capture at sea is a piratical prac-, tice of past ages, which "has been dignified with the title of a rule of law." He fully concurs with Benjamin Franklin, Thomas Jefferson, John Adams, John Quincy Adams and Hugh S. Legare, that an improvement of public law is demanded, which shall set aside the old piratical rule and establish the freedom of non-combatants and their property at sea from capture or molestation.

The greatest man the world has yet produced, and whose fame, from its peculiar combination of the highest talent for war and civil administration with the most perfect moral purity, has placed him alone on the pinnacle of glory, has given his authority to our doctrines. In a letter of Washington to Count de Rochambeau of July 31st, 1786, speaking of our first treaty with Prussia said: "The treaty of amity, which has lately taken place between the King of Prussia and the United States, marks a new era in negotiation. It is the most liberal treaty, which has ever been entered into between independent powers. It is perfectly original in many of its articles, and should its principles be considered hereafter as the basis of connection between nations, it will operate more fully to produce a general pacification than any measure heretofore attempted amongst mankind." (See Spark's Writings of Washington, vol. 9th, p. 182.) Such was the solemn sanction of this great and good man of our proposed improvement of international law.

Private property by sea and on land is, by the moral law of nations, entitled to complete protection from the armies and navies of belligerents. Upon this principle all public edifices of the state, except arsenals, navy yards, and buildings for the army or navy, are protected from injury, and

cities cannot justly be charged with contributions levied by an invading army, and the Vandal warrior who violates this immunity should be deemed a barbarian. For the same reason, poison, bribe. ry and cruelty are disallowed. No such wanton

acts of atrocity, any more than the seizure or detention of private property, can be justified on the ground of self-defence. For the like reason in assaulting a fortified town or citadel humanity and morality alike forbid sacking, rape and slaughter after capture, as well as undue severity to prison. ers or demanding a ransom for their liberty.

Belligerents may of right, and they ought to forbid commerce between the hostile people during the war, but this prohibition cannot rightfully extend to neutrals taking no part in the war. The 12th Article of our treaty with Prussia of 1785, says: "If one of the contracting parties should be engaged in war with any other power, the free intercourse and commerce of the subjects or citizens of the party remaining neutral with the belligerent powers, shall not be interrupted. On the contrary, in that case, as in full peace, the vessels of the neutral party may navigate freely to and from the ports, and on the coasts of the belligerent parties, free vessels making free goods, in-so-much that all things shall be adjudged free which shall be on board any vessel belonging to the neutral party,

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