Page:United States Statutes at Large Volume 18 Part 2c.djvu/799

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792 PUBLIC TREATIES. ship, that the owners may dispose of them as they see proper. N o vessel of either of the two nations shall be detained on the high sea on account of having on board articles of contraband, wheneverthe master, captain, or supercargo of said vessel will deliver up the articles of contraband to the captor, uules the quantity of such articles be so great or of so large a bulk that they cannot be received on board the captur- . ing ship without great inconvenience; but in this and in all other cases of just detention, the vessel detained shall be sent_to the nearest couvenient and safe port for trial and judgment according to law. Anrronn XX. Blockaded ports. And whereas it frequently happens that vessels sail for a port or places belonging to an enemy without knowing that the same_1s besieged, blockaded, or invested, it is agreed that every vessel so circumstanced 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 counscated, unless, after warning of such blockade or investment from any oillcer commanding a vessel of the blockadiug forces, she shall again attempt to enter; but she shall be permitted to go to any other port or place she shall think proper. Nor shall any vessel of either, that may have entered into such port before the same was actually besieged, blockaded, or invested by the other, be restrained from quitting such place with her cargo; nor, if found therein after the reduction and surrender, shall uch vessel or her cargo be liable to confiscation, but they shall be restored to the owners thereof. Anrrcrn XXI. Ra gu 1 ation of In order to prevent all kind of disorder in the visiting and examinavisits at ses tion of the ships and cargoes of both the contracting parties on the high seas, they have agreed mutually that whenever a vessel of war, public or private, shall meet with a neutral of the other contracting party, the first shall remain out of cannon-shot, and may send its boats with two or three men only, in order to execute the said examination of the papers concerning the ownership and cargo of the vessel, without causing the least extortion, violence, or ill-treatment, for which the commanders of the said armed ships shall be responsible, with their persons and property; for which purpose the commanders of said private armed vessels shall, before receiving their commissions, give sufficient security to answer for all the damages they may commit; and it is expressly agreed that the neutral party shall in no case be required to go on board the examining vessel for the purpose of exhibiting his papers, or for any other purpose whatever. Anrrcnn XXII. Sea letters or To avoid all kind of vexation and abuse in the examination of the P¤¤¤p¤¤¤· papers relating to the ownership of the vessels belonging to the citizens of the two contracting parties, they have agreed, and do agree, that in case one of them should be engaged in war, the ships and vessels belonging to the citizens of the other must be furnished with sea-letters, or passports, expressing the name, property, and bulk of the ships, as alspl the name anddplaple of habitation of the master or commander of sai vesse , in o er at it may there a pear that said shi reall and truly belongs to the citizens of one of tthe parties: they have likewisb agreed that such ship, being laden, besides the said sea-letters, or passports, shall also be provided with certificates containing the several particulars of the cargo, and the place whence the ship sailed so that it may be known whether any forbidden or contraband goods be on board the same; {which certilicates shall be made out by the omcers of the place whence the ship sail[e]d, in the accustomed form. Without