Page:United States Statutes at Large Volume 18 Part 2c.djvu/285

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278 PUBLIC TREATIES. Anrrcm XVII. Vessels captured It is agreed that in all cases where vessels shall, be captured 012 ` onsuspiciou of car- detained on jus; suspicion of having on board enemy S p1‘0pGI‘l)’, Ol` ot

  • 2;,% °°“°'“b°°d carrying to the enemy any of the articles which are contraband of war,

g °' the said vessel shall be brought to the nearest or most convenient port; and if any property of an enemy should be found on board such vessel, that part only which belongs to the enemy shall be made prize, and the vessel shall be at liberty to proceed with the remainder without any impediment. And it is agreed that all proper measures shall be taken to prevent delay in deciding the cases of ships or cargoes so brought m tbr adjudication, and in the payment or recovery of any indemnification, adjudged or agreed to be paid to the masters or owners of such ships. Armonu XVIII. What M*i¤l°¤ In order to regulate what is in future to be esteemed contraband of SMH bl’° dd°°'”°d war, it is agreed that under the said denomination shall be comprised °°°m° anall arms and implements serving for the purposes of war, by land or sca, such as cannon, muskets, mortar , petards, bombs, grenades, carcasses, saucisses, carriages for cannon, musket-rests, bandoliers, gun-powder. match, saltpetre, ball, pikes, swords, head-pieces, cuirasses, halberts, lances, javelins, horse-furniture, holsters, belts, and generally all other implements of war, as also timber for ship-building, tar or rozin, copper in sheets, sails, hemp, and corduge, and generally whatever may serve directly to the equipment of vessels, unwrought iron and fir planks only excepted; and all the above articles are hereby declared to be just objects of contiscation whenever they are attempted to be carried to an enemy. Provisions, Gzc., And whereas the diiiiculty of agreeing on the precise cases in which l¤><>¢>¤¤i¤s ¤<>¤¤¤*· alone provisions and other articles not generally contraband may be “"·“‘r regarded as such, renders it expedient to provide against the inconveniences and misunderstandings which might thence arise: It is further agreed that whenever any such articles so becoming contraband, according to the existing laws of nations, shall for that reason be seized, the same shall not be coniiscated, but the owners thereof shall be speedily and completely indemnified; and the captors, or, in their default, the Government under whose authority they act, shall pay to the masters or owners of such vessels the full value of all such articles, with a reasonable mercantile protlt thereon, together with the freight, and also the demurrage incident to such detention. Vessels attempt- And whereas it frequently happens that vessels sail for a port or place ytc ¤¤t¤=r¤l»l¤¤k- belonging to an enemy without knowing that the same is either besieged, "dP°’°· blockaded, or invested, it is agreed that every vessel so circumstanced may be turned away from such port or place; but she shall not be detained, nor her cargo, if not contraband, be confiscated, unless after notice she shall again attempt to enter, but she shall be permittedto go to any other port or place she may think proper; nor shall any vessel or goods of either party that may have entered into such port or place before the same was besieged, blockaded, or invested by the other, and be found therein after the reduction or surrender of such place, be liable to confiscation, but shall be restored to the owners or proprietors thereof ` Anricrm XIX. Privateer-s. And that more abundant care may be taken for the security of the respective subjects and citizens of the contracting parties, and to prevent their suffering injuries by the men-of-war, or privateers of either party, all commanders of ships of war and privateers and all others the said subjects and citizens, shall forbear doing any damage to those of the other party or committing any outrage against them, and if they act to the contrary they shall be punished, and shall also be bound in their