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testator or intestate, and that upon a proper requisition from the contracting party, to which such testator or intestate shall belong at his death, his property shall be paid over to the representatives of the deceased without any further charge than such one half per cent. And it is further agreed that in case the deceased owned legally, in such foreign country, any immovable property, one year shall be allowed to his heirs or devisees to dispose of the same.
Article 5th. It is stipulated by the high contracting parties that their citizens and subjects shall mutually and reciprocally have liberty to trade freely to and from all ports of their respective dominions in all articles of trade and merchandise allowed to be imported into or exported from the dominions of either party in native ships on paying the same duties and charges imposed on such importations or exportations. It being intended by the contracting parties that the direct trade between their dominions may be reciprocal, though each reserves the right to raise or depress its duties and charges, provided the ships and cargoes of each party in the ports of the other shall pay the same duties and charges as native ships and cargoes. The coasting trade of each contracting party is reserved to the ships of each respectively. But any ship of either contracting party may,
within five days after arriving in a port of the other, and without breaking bulk, proceed to any other port and unlade as though she had originally sailed therefor.
Article 6th. The high contracting parties agree that in case of injury done by the citizens or subjects of either to those of the other party, a statement of the same with the evidence relating thereto shall be presented to the other with a request for satisfaction supposed to be due. That in case of disagreement each party shall make a statement of the matter in controversy with the proofs attached unless a case is agreed upon, and that each case, or the one so agreed on, shall be transmitted to some friendly sovereign or umpire to be agreed on, to decide the disputed affair, and his decision thereon shall settle the right in dispute, and the contracting parties shall cause the same to be enforced accordingly.
Article 7th. In the event of war between the high contracting parties it is agreed that private property, as well as non-combatants of each party, at sea and on land, shall enjoy perfect immunity and exemption from injury and capture; that fishermen and non-combatants may pursue unmolested their peaceful pursuits, that debts shall not be confiscated, or their collection suspended in the courts of either country during the war;
and, in case of war between either party and a third power, the citizens or subjects of the party at peace shall be prohibited from carrying to the belligerent arms, ammunition or munitions of
war, or transporting in their vessels the officers and soldiers of the belligerent, and that if any vessels of either party shall violate this provision, the same and their cargoes may be confiscated in the courts of admiralty of the other.
All trade with neutrals, except such contraband of war and such transportation of combatants, is declared hereby lawful to each of the contracting parties, their citizens or subjects.
Article 8th. In the event of war between the contracting parties, neither party shall prohibit or impede the commerce of the other contracting party with any neutral nation, though it shall be lawful to prohibit commerce and trade between the citi. zens and subjects of the contracting parties during such war.
Article 9th. The high contracting parties engage sacredly to observe treaties, to respect the rights of each other, to promote peace and good will by candid negotiation, by friendly mediation and national arbitrament. It being the intention of the contracting parties in all international transactions to do to others as they would that other nations should do unto them. In fine they
intend to establish peace and justice among all nations.
Article 10th. The ships of each contracting party shall sail under their respective national flags, and they shall not use any foreign flag on the high seas.
We have now given a general formula for treaties among Christian nations with a view to carry into effect the benign principles of the moral law of nations. These articles exhibit both the practicability and equity of our system. If all Christian nations would adopt them, stability and prosperity would crown the glorious movement, and national interest would be found inseperably connected with the performance of national duties. National duty and national felicity would then go hand in hand, wars would cease or rarely occur, peace and plenty would prevail, free and reciprocal commerce would bind the happy nations of Christendom into one great family reposing upon the celestial principles of the Gospel, and all acknowledging the supreme law of the King of kings.
In Europe and America the minds of statesmen begin to be enlightened by the day-spring from on high, and the folly and wickedness of wars are continually denounced on both sides of the Atlantic. The slaughter of more than five millions of human victims in Europe within half a century
upon the pagan altars of Mars has shocked the moral sense of all Christian nations, and with one voice they demand some practicable and sure mode of preserving peace. They seek the blessings of peace and industry, they desire to see the waving harvests and the fruitful fields smiling in the radiant light and glowing dew-drops of heaven, and to hear the song of the reaper and the
, joyous sounds of cheerful husbandry and commerce. To advance the golden age of Christiani- , ty, when the precepts of the Gospel shall be the acknowledged law of nations as well as of individuals, is the aim of our system of international law.
SUMMARY OF GENERAL PRIN
The result of our investigation of a code of moral law of nations leads us to the precepts of the Gospel as its true basis. The fundamental compact of the Holy Alliance, concurred in by the Christian sovereigns of Europe, and the Farewell Address of Washington, agree to this proposition. Our code then ought to be deemed the true law of nations.
Our explanation of the freedom of the seas, of the right of a neutral flag to protect all persons and property on board, except enemies, combatant in actual service and strict contraband of war,