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ship and cargo at sea. Both upon the principles of the moral law of nations are exempt from seizure and capture; as such acts are not necessary to self-defence, are inhuman, and distress innocent persons. This view of the subject is sustained by the Panama instructions above referred to in spirit, if not in form. The Supreme Court of the United States, in the United States vs. Percheman, after saying that conquest in our day only reaches dominion, add: "The modern usage of nations, which has become law, would be violated; that sense of justice and of right which is acknowledged and felt by the whole civilized world be outraged if private property should be generally confiscated and private rights annulled." The same reason enforces the immunity of private property at sea as well as on land. President Adams, in a Message to Congress in 1826, supports this doctrine, and referring to the Congress of Panama and an improvement of public law, says: "I cannot exaggerate to myself the unfading glory with which these United States will go forth in the memory of future ages, if by their friendly counsel, by their moral influence, by the power of argument and persuasion alone they can prevail upon the American nations at Panama to stipulate by general agreement among themselves, and so far as any of them may be concerned, the abolition of private

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war upon the ocean." Dr. Franklin forty years before declared this a principle of natural law, and Prussia admitted it by treaty. The 23d Article of our Prussian treaty of 1785 establishes this doctrine. Napoleon's celebrated Berlin decree of 1806, issued from Berlin, affirmed that the true rule of international law protects private persons and the property of enemies noncombatant on sea and land alike from capture and injury; and the decree reproached Great Britain with a violation of this humane principle, and on this ground a cruel retaliation upon the subjects and property of Britain and upon submitting neutrals, was ordered to coerce the British nation to allow the same immunity to private persons and property at sea as on land. The Berlin decree of the Emperor Napoleon, devised for the purpose of overthrowing the unfounded maritime pretension of Great Britain to extend her laws over the high seas and the vessels of foreign nations sailing thereon, was concurred in and enforced by France, Russia, Prussia, Denmark, Spain and other continental nations. This decree becomes important as a solemn declaration of the natural right of private persons and property to immunity in war, at sea as well as on land. Though the means adopted by Napoleon and his allies may not be justifiable, the end aimed at, the freedom of the seas and the im

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munity of private persons and property, command the assent of right reason. It was the adoption of a principle reared on American soil. This document is so celebrated, and its principles were so extensively acted upon by the great continental nations that we give the following translated copy:

"Imperial Camp, Berlin, November 21, 1806, Napoleon, Emperor of the French and King of Italy, considering:

"1. That England does not admit the right of nations, as universally acknowledged by all civilized people.

"2. That she declares as an enemy every individual belonging to an enemy state, and in consequence makes prisoners of war not only of the crews of armed vessels, but those also of merchant vessels, and even the supercargoes of the same.

"3. That she extends or applies to merchant vessels, to articles of commerce, and to the property of individuals, the right of conquest, which can only be applied or extended to what belongs to an enemy state.

"4. That she extends to ports not fortified, to harbors and mouths of rivers, the right of blockade, which according to reason and the usages of civilized nations, is applicable only to strong or fortified ports.

"5. That she declares places blockaded, be

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fundamental law of the empire until England has acknowledged that the rights of war are the same on land as at sea; that they cannot be extended to any private property whatever, nor to persons who are not military; and until the right of blockading be restrained to fortified places actually invested by competent forces.

"Article 1. The British islands are in a state of blockade.

"2. All commerce and correspondence with them is prohibited. Consequently, all letters or packets written in England or to an Englishman, written in the English language, shall not be despatched from the post-offices; and shall be seized.

"3. Every individual, a subject of Great Britain, of whatever rank or condition, who is found in countries occupied by our troops or those of our allies, shall be made prisoners of war.

"4. Every ware-house, all merchandise or property whatever, belonging to an Englishman, are declared good prize.

"5. One half of the merchandize declared to be good prize and forfeited as in the preceding articles, shall go to indemnify merchants who have suffered losses by the English cruisers.

"6. No vessel coming directly from England or her colonies, or having been there since the

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