And whereas, it may happen that one or more of the Nations composing this Association may be, at the time of forming it, engaged in War or become so in future, in that case, the Ships and Vessels of such Nation shall carry the Flag of the Association bound round the Mast, to denote that the Nation to which she belongs is a Member of the Association 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 Association, Declare, that we will each one for itself, prohibit in our Dominions the exportation or transportation of military stores, comprehending gunpowder, cannon, and cannon-balls, 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 Ship 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 Ship or Vessel belongs and to the Government of the same, We, therefore, the Powers composing this Association, 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 Association.
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 Association or not, to meet in Congress in some central place to take cognizance of any violations of the Rights of Neutral Nations.