Volume III Part 42 (1/2)
If any s.h.i.+p or Vessel appertaining to any of the Citizens or Subjects of any of the Powers composing this a.s.sociation shall be seized, searched, visited, or interrupted, by any Belligerent Nation, or be forcibly prevented entering the Port of her destination, or be seized, searched, visited, or interrupted, in coming out of such Port, or be forcibly prevented from proceeding to any new destination, or be insulted or visited by any Agent from on board any Vessel of any Belligerent Power, the Government or Executive Power of the Nation to which the s.h.i.+p or Vessel so seized, searched, visited, or interrupted belongs, shall, on evidence of the fact, make public Proclamation of the same, and send a Copy thereof to the Government, or Executive, of each of the Powers composing this a.s.sociation, who shall publish the same in all the extent of his Dominions, together with a Declaration, that at the expiration of ---- days after publication, the penal articles of this a.s.sociation shall be put in execution against the offending Nation.
ARTICLE THE SEVENTH.
If reparation be not made within the s.p.a.ce of one year, the said Proclamation shall be renewed for one year more, and so on.
ARTICLE THE EIGHTH.
The a.s.sociation chooses for itself a Flag to be carried at the Mast-head conjointly with the National Flag of each Nation composing this a.s.sociation.
The Flag of the a.s.sociation shall be composed of the same colors as compose the Rainbow, and arranged in the same order as they appear in that Phenomenon.
ARTICLE THE NINTH.
And whereas, it may happen that one or more of the Nations composing this a.s.sociation may be, at the time of forming it, engaged in War or become so in future, in that case, the s.h.i.+ps and Vessels of such Nation shall carry the Flag of the a.s.sociation bound round the Mast, to denote that the Nation to which she belongs is a Member of the a.s.sociation and a respecter of its Laws.
N. B. This distinction in the manner of carrying the Flag is mearly for the purpose, that Neutral Vessels having the Flag at the Mast-head, may be known at first sight.
ARTICLE THE TENTH.
And whereas, it is contrary to the moral principles of Neutrality and Peace, that any Neutral Nation should furnish to the Belligerent Powers, or any of them, the means of carrying on War against each other, We, therefore, the Powers composing this a.s.sociation, Declare, that we will each one for itself, prohibit in our Dominions the exportation or transportation of military stores, comprehending gunpowder, cannon, and cannon-b.a.l.l.s, fire arms of all kinds, and all kinds of iron and steel weapons used in War. Excluding therefrom all kinds of Utensils and Instruments used in civil or domestic life, and every other article that cannot, in its immediate state, be employed in War.
Having thus declared the moral Motives of the foregoing Article, We declare also the civil and political Intention thereof, to wit,
That as Belligerent Nations have no right to visit or search any s.h.i.+p or Vessel belonging to a Nation at Peace, and under the protection of the Laws and Government thereof, and as all such visit or search is an insult to the Nation to which such s.h.i.+p or Vessel belongs and to the Government of the same, We, therefore, the Powers composing this a.s.sociation, will take the right of prohibition on ourselves to whom it properly belongs, and by whom only it can be legally exercised, and not permit foreign Nations, in a state of War, to usurp the right of legislating by Proclamation for any of the Citizens or Subjects of the Powers composing this a.s.sociation.
It is, therefore, in order to take away all pretence of search or visit, which by being offensive might become a new cause of War, that we will provide Laws and publish them by Proclamation, each in his own Dominion, to prohibit the supplying, or carrying to, the Belligerent Powers, or either of them, the military stores or articles before mentioned, annexing thereto a penalty to be levied or inflicted upon any persons within our several Dominions transgressing the same. And we invite all Persons, as well of the Belligerent Nations as of our own, or of any other, to give information of any knowledge they may have of any transgressions against the said Law, that the offenders may be prosecuted.
By this conduct we restore the word Contraband (_contra_ and _ban_) to its true and original signification, which means against Law, edict, or Proclamation; and none but the Government of a Nation can have, or can exercise, the right of making Laws, edicts, or Proclamations, for the conduct of its Citizens or Subjects.
Now We, the undersigned Powers, declare the aforesaid Articles to be a Law of Nations at all times, or until a Congress of Nations shall meet to form some Law more effectual.
And we do recommend that immediately on the breaking out of War between any two or more Nations, that Deputies be appointed by all Neutral Nations, whether members of this a.s.sociation or not, to meet in Congress in some central place to take cognizance of any violations of the Rights of Neutral Nations.
Signed, &c.
For the purpose of giving operation to the aforesaid plan of an _unarmed a.s.sociation_, the following Paragraph was subjoined:
It may be judged proper for the order of Business, that the a.s.sociation of Nations have a President for a term of years, and the Presidency to pa.s.s by rotation, to each of the parties composing the a.s.sociation.
In that case, and for the sake of regularity, the first President to be the Executive power of the most northerly Nation composing the a.s.sociation, and his deputy or Minister at the Congress to be President of the Congress,--and the next most northerly to be Vice-president, who shall succeed to the Presidency, and so on. The line determining the Geographical situation of each, to be the lat.i.tude of the Capital of each Nation.
If this method be adopted it will be proper that the first President be nominally const.i.tuted in order to give rotation to the rest. In that case the following Article might be added to the foregoing, viz't. The Const.i.tution of the a.s.sociation nominates the Emperor Paul to be _first President_ of the a.s.sociation of Nations for the protection of Neutral Commerce, and securing the freedom of the Seas.
The foregoing plan, as I have before mentioned, was presented to the Ministers of all the Neutral Nations then in Paris, in the summer of 1800. Six Copies were given to the Russian General Springporten; and a Russian Gentleman who was going to Petersburgh took two expressly for the purpose of putting them into the hands of Paul I sent the original ma.n.u.script, in my own handwriting, to Mr. Jefferson, and also wrote him four Letters, dated the 1st, 4th, 6th, 16th of October, 1800, giving him an account of what was then going on in Europe respecting Neutral Commerce.
The Case was, that in order to compel the English Government to acknowledge the rights of Neutral Commerce, and that free s.h.i.+ps make free Goods, the _Emperor Paul_, in the month of September following the publication of the plan, shut all the Ports of Russia against England.