Page:United States Statutes at Large Volume 18 Part 2c.djvu/625

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618 PUBLIC TREATIES. contracting parties, although the whole lading or a part thereof, should belong to the enemies of either, articles contraband of war being always excepted. The same liberty shall be extended to persons who may be on hoard free ships, so that said persons cannot be taken out of them, even if they may be enemies0f both parties, or of one of them, unless they U¤?i*¤;*¤i°¤ °f are officers or soldiers in the actual serviccof the enemy. It is agreed °h° l’""°‘p1°‘ that the stipulations in this article declaring that the flag shall cover the property shall be understood ashapplymlg to thpse patrons gnly vlghp recognize this principle- but if cit er o the con rac mg par ies s a . be at war with a third, and the other shall remain neutral, the flag of the neutral shall cover the property of enemies whose Governments acknowledge this principle, and not that of others. Amuonn XXII. Nvutwl rfvpcffy \Vhen the neutral ilag of one of the contracting parties shall protect °“ °“°mY’“ "‘“°]· the property of the enemies of the other, in virtue of the preceding ar- [Sf? tf“*i°}‘;8gé· ticle, neutral property found on board enemies' vessels shall likewise be

 mn ° ’ considered as enemies’ property, and shall be subject to detention and

confiscatiomunless it shall have been put on board before the declaration of war, or even afterwards, if it were done without knowledge of such declaration; but the contracting parties agree that ignorance cannot be alleged after the lapse of six months from the declaration of war. On the contrary, in those cases where the flag of the neutral does not protect on cmies’ property which may be found on board, the goods or merchandise of the neutral embarked in enemies’ vessels shall be free. Amrronn XXIII. 0 o ii t r ab and The liberty of commerce and navigation stipulated for in the preced- ¤·¤‘¤i¢l¤¤· ing articles shall extend to all kinds of merchandise except the articles called contraband of war, under which name shall be comprehended: . lst. Cannons, mortars, howitzers, swivels, blunderbusses, muskets, fusees, rifles, carbines, pistols, pikes, swords, sabres, lances, spears, halberdts, tglfenadesk bgmbs, powder, matches, balls, and everything belonging o e use o ese arms. 2nd. Bucklers, helmets, hreastplates, coats of mail, accoutrements, and clothes made up in military form and for military use. 3d. Cavalry belts and horses,, with their harness. 4th. And generally, all offensive or defensive arms made of iron, steel, brass, copper, or of any other material re ared and formed to make h 1 a u ’ P D war y an or a sea. Arvrrcnn XXIV. All other goods All other merchandise and things not comprehended in the articles f¤`°°- of contraband explicitly enumerated and classied as above shall be held and considered as free and subjects of free and lawful commerce, so that they may be carried and transported in the freest manner by both th? colgtracting parties even to places belonging to an enemy, excepting on y t ose places which are at that time besieged or blockaded · and to avoid all doubt in this particular, it is declared that those placies only shall be considered as besieged or blockaded which are actually invesliedlor attacked by a force capable of preventing the entry of the neu ra . Anrrcma: XXV. Confiscation o r The articles of contraband, or those before enumerated and classified, ¤·i>¤fr=¤l>=¤¤d arti- which may be found in a vessel bound for an enemy’s port, shall be sub- ° °”· ject to detention and confiscation; but the rest of the cargo and the ship shall be left free, that the owners may dispose of them as they sec proper. No vessel of either of the contracting parties shall be detained on the