620 PUBLIC TREATIES. vessel really and truly belongs to citizens of the said other party. It is also agreed that such vessels being laden, besides the said sea-letters, patents, or passports, shall be provided with manifests orcerticates, containing the particulars of the cargo and the place where it was taken on board, so that it may be known whether any part of the same consists of contraband or prohibited articles; which certiiticate shall be made out in the accustomed form by the authorities of the port whence the vessel sailed; without which requisites the vessel may be detained to be adjudged by the competent tribunales, and may be declared_ good and legal prize, unless it shall be proved that the said defect or omission was owing to accident, or unless it shall be satisfied or supplied by testimony equivalent in the opinion of the said tribunals, for which purpose there shall be allowed a reasonable length of time to procure and present it. Aurora XXIX. vssssjs under The preceding stipulations relative to the visit and examination of convoy. vessels shall apply only to those which sail without convoy; for when said vessels shall be under convoy, the verbal declaration of the commander of the convoy, on his word of honor, that the vessels under his protection belong to the nation whose flag they carry, and, when they are bound to an enemy’s port, that they have no contraband goods on board, shall be sufficient. Anrrcnn XXX. prim ,,0,,,s,, and It is further agreed that, in all prize cases, the courts specially estabdecrees; lished for such causes in the country to which the prizes may be conducted shall alone take cognizance of them. And whenever such courts of either party shall pronounce judgment against any vessel, merchandise, or property claimed by the citizens of the other party, the sentence or decree shall set forth the reasons or motives on which the same shall have been founded; and an authenticated copy of the sentence or decree, and of all the proceedings connected with the case, shall, if demanded, be delivered to the commander or agent of the said vessel, merchandise, or property, without any excuse or delay, upon payment of the established legal fees for the same. Anrrcnn XXXL Letters of Whenever one of the contracting parties shall be engaged in war ¤¤¤‘•i¤¤· with another nation, no citizen of the other contracting party shall accept acommission, or letter of marque, for the purpose of assisting or co-operating hostilely with the said enemy against the said party so at war, under pain of being treated as a pirate. Anricm XXXII. mgm, 0,- mi, If, which is not to be expected, a rupture should at any time take dents in case of place between the two contracting nations, and they should engage in WM- war with each other, they have agreed, now for then, that the merchants, traders, and other citizens of all occupations of either of the two parties, residing in the cities, ports, and dominions of the other, shall have the privilege of remaining and continuing their trade and business therein, and shall be respected and maintained in the full and undisturbed enjoyment of their personal liberty and property, so long as they conduct themselves peaceably and properly, and commit no offence against the laws. And in case their acts should render them justly suspected, and, having thus forfeited this privilege, the respective Governments should think proper to order them to leave the country, the term of twelve months from the publication or intimation of the
Page:United States Statutes at Large Volume 18 Part 2c.djvu/627
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