Page:United States Statutes at Large Volume 18 Part 2c.djvu/81

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`74 PUBLIC TREATIES. ofncer commanding a vessel of the blockadin g forces, they shall again attempt to enter; but she shall be permitted to go to any other port or place she shall think proper. Nor shall any vessel of either that may have entered into such port before the same wa actually besieged, blockaded, or invested by the other, be restrained from quitting such place with her cargo; nor, if found therein after the red uction and surrender, shall such vessel or her cargo be liable to confiscation, but they shall be restored to the owners thereof. Amicus XXI. Examination or In order to prevent all kind of disorder in the_visiting and examina—

  • ‘<=¤¤¤!¤· tion of the ships and cargoes of both the contracting parties on the high

seas, they mutually agree that whenever a vessel of war shall meet with a neutral of the other contracting party, the iirst shall remain at a convenient distance, and may send its boats with two or three men only; in order to execute the said examination of the papers`concern1ug 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 persoéis andl prgpefty ;ffor which purpose the comman ers of private arme vesse s s a , e ore receiving their commissions, give sudicieut security to answer for all the damages they may commit; ·and it is expressly agreed that the neutral party shall in no case be required to go on board the examining velsspl for the purpose of exhibiting his papers, or for any other purpose w a ever. Anrxcw XXII. Sevletters md To avoid all kind of vexation and abuse in the examination of the l>¤¤¤l><>¤">¤· papers relating to the ownership of the vessels belonging to the citizens of the two contracting parties, they agree that, in case one of them should be engaged in war, the ships and vessels belonging to the citizens of the other must be furnished with sea-letters or passports, expressing the name, property, and bulk of the ships, as also the name and place of habitation of the master and commander of said vessel, in order that it may thereby appear that said ship truly belongs to the citizens of one of the parties; they likewise agree that such ships being laden, besides the said sea-letters or passports, shall also be provided with certiiicates, containing the several particulars of the car , and the place whence the ship sailed, so that it may he known whether any forbidden or contraband goods he on board the same; which certificates shall be made out by the officers of the place whence the ship ailed in the accustomed form; without such requisites said vessels may be detained to be adjpdgedhby the céompetent tribunal, and may be declaéed legg prize un ess e said e act shall rove to be owin to aoci ent, an supplied by testimony entirely equivglent. g Airrronm XXIII. V•¤¤i¤ ¤¤•i¤r It is further agreed that the stipulations above expressed, relative t0 °°“°7* the visiting and examination of vessels, shall apply only to those whivh sail without convoy; and when said vessels shall be under convoy, the verbal declaration of the commander of the convov, on his word of honor, that the vessels under his protection belong to the nation whose flag he carries, and, when they are bound to an enemy’s port, that they have no contraband goods on board, shall be sufficient. Aarrcus XXIV. degfg ¤¤¤¤f¤ Md It is further agreed that in all cases the established courts for prim · causes in the country to which the prizes may be conducted shall alone take cogmzance of them; and whenever such tribunals of either party