Page:United States Statutes at Large Volume 18 Part 2c.djvu/451

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444 rnnmc rnnsrrns. enjoined to forbear from doing any damage to or committing any outrage against the citizens or subjects of the other, or against their vessels or property; and if the said commanders shall act contrary to this stipulation, they shall be severely punished, and made answerable in their persons and estates for the satisfaction and reparation of said damages, of whatever nature they may be. Anrrcma XXI. Rights of resi- If by any fatality, which cannot be expected, and which may God d¤¤¢¤ i¤ ¤¤¤¤ of avert, the two contracting parties should be engaged in a war with each ‘"“'· other, they have agreed and do agree, now for then, that there shall be allowed the term of six months to the merchants residing on the coasts and in the ports of each other, and the term of one year to those who dwell in the interior, to arrange their business, and transport their effects wherever they please, with the safe conduct necessary to protect them and their property, until they arrive at the ports designated for Non-ssnmstsnts their embarkation. And all women and children, scholars of every factobc ¤¤m¤l¤¤t¤d- nlty, cultivators of the earth, artisans, mechanics, manufacturers, and fishermen, unarmed and inhabiting the unfortilied towns, villages, or places, and in general, all others whose occupations are for the common subsistence and benefit of mankind, shall be allowgg to continue their respective employments, and shall not be moles in their persons, nor shall their houses or goods be burnt or otherwise destroyed, nor their fields wasted by the armed force of the belligerent in whose power, by the events of war, they may happen to fall; but, if it be necessary that anything should be taken from them for the use of such belligerent, the same shall be paid for at a reasonable price. This article not And it is declared that neither the pretence that war dissolves treaties,

  • ¤ be ¤¤¤¤U¤d 0* nor any other whatever, shall be considered as aunulling or suspending

°““p°“d°d‘ this article; but, on the contrary, that the state of war is precisely that for which it is provided, and during which its provisions are to be sacredly observed as the most acknowledged obligations in the law of nations. Anrrcrm XXII. Disposal and is- The citizens of each of the contracting parties shall have power to lwritnncc of per- dispose of their personal goods within the jurisdiction of the other, by '°“"1P‘°P°"Y· sale, donation, testament, or otherwise, and their representatives, being citizens of the other party, shall succeed to their personal goods, whether by testament or ab intestato, and they may take possession thereof, either by themselves or others acting for them, and dispose of the same at their will, paying such dues only as the inhabitants of the country wherein such goods are shall be subject to pay in like cases. Heirs to real As for the case of real estate, the citizens and subjects of the two Miele- contracting parties shall be treated on the footing of the most favored nation. Ancricnn XXIII. Access to courts The citizens of either party shall have free access to the courts of °*J“°*'°°· justice, in order to maintain and defend their own rights, without any other conditions, restrictions, or taxes than such as are imposed upon the natives. They shall, therefore, be free to employ, in defense of their rights, such advocates, solicitors, notaries, agents, and factors as they may judge proper, in all their trials at law; and such citizens or agents shall have tree opportunity to be present at the decision and entences of the tribunals in all cases which may concern them, and likewise at the taking of all examinations and evidences which may be exhibited in the said trials.