Page:United States Statutes at Large Volume 18 Part 2c.djvu/612

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PERU-BGLIVIA, 1836. 605 after shall he, at enmity with either of the contr' likewise be lawful for the citizens aforesaid to ss(siilux§it)lfrt|jh(:sB.shi2;sS1zihii merchandise before mentioned, and to trade, with the same liberty and security, from the places, ports, and havens of those who are enemies of both, or of either party, without any opposition or disturbance whatsoever; not only directly from the places of the enemy before mentioned to neutral places, but also from one place belonging to an enemy to another place belonging to an enemy, whether they be under the jurisdiction of one power or under that of several. And it is hereby stipulated, Free ships to that free ships shall give freedom to goods; and that everything shall ¤¤¤k° *`*°° B°°d¤· be deemed to be free and exempt, which shall be found on board of the ships belonging to the citizens of either`of the contracting parties, although the whole lading, or any part thereof, should appertain to the enemies of either; goods contraband of war being always excepted. It is also agreed, in like manner, that the same liberty shall be extended to persons who are on board of a free ship, with this effect, that, although they be enemies to both or either of the parties, they shall not be taken out of that tree ship, unless they are officers or soldiers, and in the actual service of the enemy: Provided, however, and it is hereby further Limitation of agreed, that the stipulations in this article contained, declaring that the the pri¤¤ir1¤-- dag shall cover the property, shall be understood as applying to those Powers only who recognize this principle; but if either of the contracting parties shall be at war with a third, and the other be neutral, the flag of the neutral shall cover the property of those enemie whose Governments acknowledge this principle, and not that of others. ARTICLE XII. It is likewise agreed that, in cases where the neutral flag of one of Neutral property the contracting parties shall protect the property of the enemies of the °¤ °¤¤¤*¥'¤ *¤¤¤<>l- other, in virtue of the above stipulation, it shall always be understood that the neutral property found on board of such enemy’s vessel shall be held and considered as enemy’s property, and as such shall be liable to detention and confiscation, except such property as was put on board of such vessels before the declaration of war, or even afterwards, if it were done without the knowledge of such declaration; but the contracting parties agree that, six months having elapsed after the declaration, their citizens shall not be allowed to plead ignorance thereof. On the contrary, if the flag of the neutral does not protect the enemy’s property on board, in this case, the goods and merchandise of the neutral, embarked in such enemy’s ship, shall be free. Awrrorzu XIII. This liberty of navigation and commerce shall extend to all kinds of °kEf¤*¤b¤¤d*'**· merchandise, excepting only those which are distinguished by the name of contraband or prohibited goods, under which name shall be comprehended: lst, cannons, mortars, howitzers, swivels, blunderbusses, muskets, fuses, rifles, carbines, pistols, pikes, swords, sabres, lancets, spears, halberds, grenades and bombs, powder, matches, balls and all other things belonging to the use of these arms; 2nd1y, buckiers, helmets, breastplates, coats of mail, infantry belts, and clothes made up rn a military form and for a military use; 3rd1y, cavalry belts, and horses with their furniture; 4th1y, and generally, all kinds of arms and instruments of iron, steel, brass, and copper, or of any other materials manufactured, prepared, and formed expressly for the purposes of war, either by sea or land. Ammonia XIV. All other merchandise and things not comprehended in the articles of _Other merchancontraband explicitly enumerated and classified, as above, shall be held d'" f'°°· and considered as free, and subjects of free and lawful commerce, so