Page:United States Statutes at Large Volume 18 Part 2c.djvu/661

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654 PUBLIC TREATIES. Anriomn XXI. R o R oiooaooo ao If the two contracting parties should be engaged in a war against a case of war. common enemy, the following points shall be observed between them ; 1. Ifa vessel of one of the parties, taken by the enemy, shall, before being carried into neutral or enemy’s port, be retaken by a ship of war or privateer of the other, it shall, with the cargo, he restored to the first owners, for a compensation of one-eighth part of the value of the said vessel and cargo, if the recapture be made by a public ship of war, and one·sixth part if made by a privateer. 2. The restitution in such cases shall be after due proof of property, and surety given for the part to which the recaptors are entitled. 3. The vessels of war, public and private, of the two parties, shall reciprocally be admitted with their prizes into the respective ports of each, but the said prizes shall not be discharged or sold there, until their legality shall have been decided according to the laws and regular tions of the State to which the captor belongs, but by the judicatories of the place into which the prize shall have been conducted. 4. It shall be free to each party to make such regulations as they shall judge necessary, for the conduct of their respective vessels of war, public and private, relative to the vessels, which they shall take and carry into the ports of the two parties. Aauorn XXII. goo,-oy,, When the contracting parties shall have a common enemy, or shall both be neutral, the vessels of war of each shall upon all occasions take under their protection the vessels of the other going the same course, and shall defend such vessels as long as they hold the same course, against all force and violence, in the same manner as they ought to proect and defend vessels belonging to the party of which they are. Autrionm XXIII. Rights of resi- If war should arise between the two contracting parties, the mer- [lv°“"° m °”° °f chants of either country then residing in the other shall be allowed to M" remain nine months to collect their debts and settle their affairs, and may depart freely, carrying off all their effects without molestation or hindrance; and all women and children, scholars of every faculty, cultivators of the earth, artisans, manufacturers, and fishermen, unarmed and inhabiting unfortfiled towns, villages, or places, and in general all others whose occupations are for the common subsistence and benefit of mankind, shall be allowed to continue their respective employments, and shall not be molested- in their persons, nor shall their houses or goods be burnt or otherwise destroyed, nor their lields wasted by the armed tcrce of the enemy, into whose power by the events of war they may happen to fall; but if anything is necessary to be taken from them for the use of such armed force, the same shall be paid for at a reasonable price. Anrrom XXIV. Treatment of _ And to prevent_the destruction of prisoners of war, by sending them P¤‘l¤¤¤•>r¤¤f var- into distant and inclement countries, or by crowding them into close [goo Amo]., gn, and noxious places, the two contracting parties solemnly pledge themggaty of 1828, p- selves to the world and to each other that they will not adopt any such ·] practice; that neither will send the prisoners whom they may take from the other into the East Indies or any other parts of Asia or Africa, but that they shall he placed in some parts of their dominions in Europe or America, in wholesome situations; that they shall not be confined in dungeons, prison-ships, nor prisons, nor be put into irons, nor bound, nor otherwise restrained in the use of their limbs; that the officers shall be enlarged on their paroles within convenient districts, and have com-