Page:United States Statutes at Large Volume 18 Part 2c.djvu/488

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MEXICO, 1831. 481 ARTICLE XVIII. This liberty of commerce and navigation shall extend to all kinds of Contrabamlartlmerchandise, excepting those only which are distinguished by the name ¤l¤¤· of contraband; and under this name of contraband or prohibited goods shall be- comprehended: first, cannons, mortars, howitzers, swivels, blunderbusses, mnskets, fusee , rides, carbines, pistols, pikes, swords, sabres, lances, spears, halberts, and grenades, bombs, powder, matches, balls, and all other things belonging to the use of these arms; secondly, bucklers, helmets,_hreast-yilates, coats of mail, infantry belts, and clothes made up in a military form, and for a military use; thirdly, cavalry belts and horses with their furniture; fourthly, and generally, all kinds of arms, and instruments of iron, steel, brass, and copper, or of any other materials, manufactured, prepared, and formed expressly to make war by sea or land. Arvrxomr XIX. All other merchandise and things not comprehended in the articles All 9flM mvof contraband expressly enumerated and classified as above, shall be °b““‘l‘"· held and considered as free and subjects of free and lawful commerce, so that they may be carried and transported in the freest manner by both the contracting parties, even to places belonging to an enemy, excepting only those places which are at that time besieged or block- _ _ _ aded; and to avoid all doubt in that particular, it is declared that those D °£,“‘ *‘°“ °* places only are besieged or hlockaded which are actually besieged or m°°k °‘ blockaded by a belligerent force capable of preventing the entry of the neutral. Anrrrcrn XX. The articles of contraband before enumerated and classitied, which Conimamin or may be found in a vessel hound for an enemy’s port, shall be subject to °;"m°·b‘*"‘l *****7 detention and confiscation, leaving free the rest of the cargo and the °°°‘ vessel, that the owners may dispose of them as they see proper. No vessels of either of the two nations shall be detained on the high seas on account of having on board articles of contraband, whenever the master, captain, or supercargo of said vessel will deliver up the articles of contraband to the captor, unless the quantity of such articles be so great and of so large a bulk that they cannot be received on board the capturing vessel without great inconvenience; but in this, and in all other cases of just detention, the vessel detained shall be sent to the nearest convenient and safe port for trial and judgment, according to law. Amrrcrm XXI. And whereas it frequently happens that vessels sail for a port or_place Blockaded pom. belonging to an enemy without knowing that the same is besieged, blockaded, or invested, it is agreed that every vessel so situated may be turned away from such port or place, but shall not be detained; nor shall any part of her cargo, if not contraband, be confiscated, unless, after warning of such blockade or investment from the commanding officer of the blockading force, she should again attempt to enter the aforesaid port; but she shall be permitted to go to any other port or place she may think proper. Nor shall any vessel of either of the contracting parties that may have entered into such port before the same was actually besieged, blockaded, or invested by the other, restrained from quitting such place with her cargo; nor if found therein after the surrender shall such vessel or her cargo be liable to confiscation, but sho shall be restored to the owner thereof. Anrrcru XXII. In order to prevent all kinds of disorder in the visiting and examina— V E¤i¤B¤:;¤:g`¤¤ 0* tion of the vessels and cargoes of both the contracting parties on the °”° ‘ high seas, they have agreed, mutually, that, whenever a vessel of war, 11 s 1V——31