Page:United States Statutes at Large Volume 18 Part 2c.djvu/424

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HAYTI, 1864. 417 Aaricnn XXII. In time of war the merchant ships belonging to the citizens of either Examination or of the contracting parties which shall be bound to a port of the enemy ******1* i¤ **¤¤° °*` of oneof the parties, and concerning whose voyage and the articles of their `"”‘ cargo there_may be Just grounds of suspicion, shall be obliged to exhibit not only their passports, but likewise their certificates, showing that their goods are not of the quality of those specified as contraband in this treaty. Anrxorn XXIII. To avoid all kind of vexation and abuse in the examination of the P¤¤¤P¤¤‘¢¤ Mid papers relating to the ownership of the vessels belonging to the citizens °°"m°“°°'· of the contracting parties, it is hereby agreed that when one party shall be engaged in war, and the other party shall be neutral, the vessels of the neutral party shall he furnished with passports, that it may appear thereby that they really belong to citizens of the neutral party. These passports shall be valid for any number of voyages, but shall be renewed every year. If the vessels are laden, in addition to the passports above named they shall be provided with certificates, in due form, made out by the olllccrs of the place whence they sailed, so that it may be known whether they carry any contraband goods. And if it shall not appear from the said certificates that there are contraband goods on board, the vessels

hall be permitted to proceed on their voyage. If it shall appear from

the certificates that there are contraband goods on board any such vessel, and the commander of the same shall offer to deliver them up, that offer shall be accepted and a receipt for the same shall be given, and the vessel shall be at liberty to pursue her voyage unless the quantity of contraband goods be greater than can be conveniently received on board,the ship of war or privateer, in which case, as in all other cases of just detention, the vessel shall be carried to the nearest safe and convenient port for the delivery of the same. In case any vessel shall not be furnished with such passport or certiiicates as are above required for the same, such case may be examined by a proper judge or tribunal; and if it shall appear from other documents or proofs, admissible by the usage of nations, that the vessel belongs tc citizens or subjects of the neutral party, it shall not be couiiscated, but shall be released with her cargo, (contraband .goods excepted,) and be permitted to proceed on her voyage. Anrrorn XXIV. In order to prevent all kinds of disorder in the visiting and examina- Rules for coution of the vessels and cargoes of both the contracting parties on the d¤¤¤ of march. high seas, it is hereby agreed that whenever a ship of war shall meet with a neutral of the other contracting party, the first shall remain at a convenient distance, and may send its boats, with two or three men only, in order to execute the 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 all private armed vessels shall, before rerwiving their commissions, give sutncient security to answer for all damages they may commit; and it is hereby agreed and understood 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. Anrrom XXV. It is expressly agreed by the high contracting parties that the stipu- V¤¤¤¤l¤ ¤ ¤ d •¤ lations before mentioned, relative to the conduct to be observed on the °°'"°" sea by the cruisers of the belligerent party toward the ships of the n s rv-.-27