TREATY TEXTS ON NEUTRALITY I. TREATIES BETWEEN THE UNITED STATES AND FOREIGN POWERS No. 1 UNITED STATES AND FRANCE Treaty of Amity and Commerce, signed at Paris, February 6, 1778; ratifications exchanged at Paris (or Versailles), July 17, 1778. Text from 2 Miller, Treaties of the United States, page 3.1 ART. 14 [12]. The merchant Ships of either of the Parties, which shall be making into a Port belonging to the Enemy of the other Ally and concerning whose Voyage & the Species of Goods on board her there shall be just Grounds of Suspicion shall be obliged to exhibit as well upon the high Seas as in the Ports and Havens not only her Passports, but likewise Certificates expressly shewing that her Goods are not of the Number of those, which have been prohibited as contraband. EDITOR'S NOTE.-Identical provisions are contained in the following treaties: France and England, September 26, 1786, article 27. United States and France, September 30, 1800, article 16. Substantially the same provisions are contained in the following treaties: United States and Dominican Republic, February 8, 1867, article 16. ART. 15 [13]. If by the exhibiting of the above said Certificates, the other Party discover there are any of those Sorts of Goods, which are prohibited and declared contraband and consigned for a Port under the Obedience of his Enemies, it shall not be lawful to break up the Hatches of such Ship, or to open any Chest, Coffers, Packs, Casks, or any other Vessels found therein, or to remove the smallest Parcels of her Goods, whether such Ship belongs to the Subjects of France or the Inhabitants of the said United States, unless the lading be brought on Shore in the presence of the Officers of the Court of Admiralty and an Inventory thereof made; but there shall be no allowance to sell, exchange, or alienate the same in any manner, until after that due and lawful Process shall have been had against such prohibited Goods, and the Court of Admiralty shall, by a Sentence pronounced, have confiscated the same: saving always as well the Ship itself as any other Goods found therein, which by this Treaty are to be esteemed free: neither may they be detained on pretence of their being as it were infected by the prohibited Goods, much less shall they be confiscated as lawful Prize: But if not the whole Cargo, but only part thereof shall consist of prohibited or contraband Goods and the Commander of the Ship shall be ready and willing to deliver them to the Captor, who has discovered them, in such Case the Captor having received those Goods shall forthwith discharge the Ship and not hinder her by any means freely to prosecute the Voyage, on which she was bound. But in Case the Contraband Merchandises, cannot be all receiv'd on board the Vessel of the Captor, then the Captor may, notwithstanding the Offer of delivering him the Contraband Goods, carry the Vessel into the nearest Port agreeable to what is above directed. EDITOR'S NOTE.-Substantially the same provisions are contained in the treaty between France and England, September 26, 1786, article 28. 1 Also in 1 Martens, Recueil des traités, p. 685. 1 ART. 16 [14]. On the contrary it is agreed, that whatever shall be found to be laden by the Subjects and Inhabitants of either Party on any Ship belonging to the Enemys of the other or to their Subjects, the whole although it be not of the Sort of prohibited Goods may be confiscated in the same manner, as if it belonged to the Enemy, except such Goods and Merchandizes as were put on board such Ship before the Declaration of War, or even after such Declaration, if so be it were done without knowledge of such Declaration. So that the Goods of the Subjects and People of either Party, whether they be of the Nature of such as are prohibited or otherwise, which, as is aforesaid were put on board any Ship belonging to an Enemy before the War, or after the Declaration of the same, without the Knowledge of it, shall no ways be liable to confiscation, but shall well and truly be restored without Delay to the proprietors demanding the same; but so as that, if the said Merchandizes be contraband, it shall not be any Ways lawful to carry them afterwards to any Ports belonging to the Enemy. The two contracting Parties agree, that the Term of two Months being passed after the Declaration of War, their respective Subjects, from whatever Part of the World they come, shall not plead the Ignorance mentioned in this Article. EDITOR'S NOTE.-Identical provisions are contained in the treaty between the United States and France, September 30, 1800, article 15. ART. 17 [15]. And that more effectual Care may be taken for the Security of the Subjects and Inhabitants of both Parties, that they suffer no injury by the men of War or Privateers of the other Party, all the Commanders of the Ships of his most Christian Majesty & of the said United States and all their Subjects and Inhabitants shall be forbid doing any Injury or Damage to the other Side; and if they act to the contrary, they shall be punished and shall moreover be bound to make Satisfaction for all Matter of Damage, and the Interest thereof, by reparation, under the Pain and obligation of their Person and Goods. EDITOR'S NOTE.-Substantially the same provisions are contained in the following treaties: United States and Netherlands, October 18, 1782, article 13. United States and Sweden, April 3, 1783, article 15; reaffirmed by the treaty between United States and Sweden and Norway, September 4, 1816, article 12, and by the treaty between the same parties, July 4, 1827, article 17. France and England, September 26, 1786, article 30. United States and Italy, February 26, 1871, article 20. ART. 19 [17]. It shall be lawful for the Ships of War of either Party & Privateers freely to carry withersoever they please the Ships and Goods taken from their Enemies, without being obliged to pay any Duty to the Officers of the Admiralty or any other Judges; nor shall such Prizes be arrested or seized, when they come to and enter the Ports of either Party; nor shall the Searchers or other Officers of those Places search the same or make examination concerning the Lawfulness of such Prizes, but they may hoist Sail at any time and depart and carry their Prizes to the Places express'd in their Commissions, which the Commanders of such Ships of War shall be obliged to shew: On the contrary no Shelter or Refuge shall be given in their Ports to such as shall have made Prize of the Subjects, People or Property of either of the Parties; but if such shall come in, being forced by Stress of Weather or the Danger of the Sea, all proper means shall be vigorously used that they go out and retire from thence as soon as possible. EDITOR'S NOTE.-Substantially the same provisions are contained in the following treaties: United States and Prussia, September 10, 1785, article 19. ART. 23 [21]. No Subjects of the most Christian King shall apply for or take any Commission or Letters of marque for arming any Ship or Ships to act as Privateers against the said United States or any of them or against the Subjects People or Inhabitants of the said United States or any of them or against the Property of any of the Inhabitants of any of them from any Prince or State with which the said United States shall be at War. Nor shall any Citizen Subject or Inhabitant of the said United States or any of them apply for or take any Commission or letters of marque for arming any Ship or Ships to act as Privateers against the Subjects of the most Christian King or any of them or the Property of any of them from any Prince or State with which the said King shall be at War: And if any Person of either Nation shall take such Commissions or Letters of Marque he shall be punished as a Pirate. EDITOR'S NOTE.-Identical provisions are contained in the following treaties: United States and Netherlands, October 18, 1782, article 19. United States and Sweden, April 3, 1783, article 23; reaffirmed by the treaty between United States and Sweden and Norway, September 4, 1816, article 12, and by the treaty between the same parties, July 4, 1827, article 17. United States and Spain, October 27, 1795, article 14. Substantially the same provisions are contained in the following treaties: United States and Venezuela, August 27, 1860, article 25. United States and Haiti, November 3, 1864, article 31. United States and Dominican Republic, February 8, 1867, article 25. These treaties stipulate that offenders shall be punished "according to the respective laws" of the contracting parties, instead of "as pirates." ART. 24 [22]. It shall not be lawful for any foreign Privateers, not belonging to Subjects of the most Christian King nor Citizens of the said United States, who have Commissions from any other Prince or State in enmity with either Nation to fit their Ships in the Ports of either the one or the other of the aforesaid Parties, to sell what they have taken or in any other manner whatsoever to exchange their Ships, Merchandizes or any other lading; neither shall they be allowed even to purchase victuals except such as shall be necessary for their going to the next Port of that Prince or State from which they have Commissions. EDITOR'S NOTE.-Identical provisions are contained in the following trea ties: United States and Great Britain, November 19, 1794, article 24. United States and Venezuela, August 27, 1860, article 24. United States and Dominican Republic, February 8, 1867, article 24. ART. 25 [23]. It shall be lawful for all and singular the Subjects of the most Christian King and the Citizens People and Inhabitants of the said United States to sail with their Ships with all manner of Liberty and Security; no distinction being made, who are the Proprietors of the Merchandizes laden thereon, from any port to the places of those who now are or hereafter shall be at Enmity with the most Christian King or the United States. It shall likewise be Lawful for the Subjects and Inhabitants aforesaid to sail with the Ships and Merchandizes aforementioned and to trade with the same Liberty and security from the Places, Ports and Havens of those who are Enemies of both or either Party without any Opposition or disturbance whatsoever, not only directly from the Places of the Enemy afore 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 the same Prince or under several; And it is hereby stipulated that free Ships shall also give a freedom to Goods, and that every thing shall be deemed to be free and exempt, which shall be found on board the Ships belonging to the Subjects of either of the Confederates, although the whole lading or any Part thereof should appertain to the Enemies of either, contraband Goods being always excepted. It is also agreed in like manner that the same Liberty be extended to Persons, who are on board a free Ship, with this Effect, that although they be Enemies to both or either Party, they are not to be taken out of that free Ship, unless they are Soldiers and in actual Service of the Enemies. EDITOR'S NOTE.-Identical provisions are contained in the treaty between the United States and Spain, October 27, 1795, article 15. The subsequent treaty between the same parties, February 22, 1819, article 12, qualified this provision as follows: "With respect to the fifteenth article of the same Treaty of Friendship, Limits, and Navigation of 1795, in which it is stipulated, that the flag shall cover the property, the two high contracting parties agree that this shall be so understood with respect to those powers who recognize this principle; but if either of the two contracting parties shall be at war with a third party. and the other neutral, the flag of the neutral shall cover the property of enemies, whose government acknowledge this principle, and not of others." Substantially the same provisions are contained in the following treaties: United States and Sweden, April 3, 1783, article 7; reaffirmed by the treaty between United States and Sweden and Norway, September 4, 1816, article 12, and by the treaty between the same parties, July 4, 1827, article 17. France and England, September 26, 1786, article 20; the last sentence of the article being further qualified by permitting enemy subjects to be taken off free ships if they are soldiers actually in the service of the enemy, "and on their voyage for the purpose of being employed in a military capacity in their fleets or armies.' [Italics added.] ART. 26 [24]. This Liberty of Navigation and Commerce shall extend to all kinds of Merchandizes, excepting those only which are distinguished by the name of contraband; And under this Name of Contraband or prohibited Goods shall be comprehended, Arms, great Guns, Bombs with the fuzes, and other things belonging to them, Cannon Ball, Gun powder, Match, Pikes, Swords, Lances, Spears, halberds, Mortars, Petards, Granades Salt Petre, Muskets, Musket Ball, Bucklers, Helmets, breast Plates, Coats of Mail and the like kinds of Arms proper for arming Soldiers, Musket rests, belts, Horses with their Furniture, and all other Warlike Instruments whatever. These Merchandizes which follow shall not be reckoned among Contraband or prohibited Goods, that is to say, all sorts of Cloths, and all other Manufactures woven of any wool, Flax, Silk, Cotton or any other Materials whatever; all kinds of wearing Apparel together with the Species, whereof they are used to be made; gold & Silver as well coined as uncoin'd, Tin, Iron, Latten, Copper, Brass Coals, as also Wheat and Barley and any other kind of Corn and pulse; Tobacco and likewise all manner of Spices; salted and smoked Flesh, salted Fish, Cheese and Butter, Beer, Oils, Wines, Sugars and all sorts of Salts; & in general all Provisions, which serve for the nourishment of Mankind and the sustenence of Life; furthermore all kinds of Cotton, hemp, Flax, Tar, Pitch, Ropes, Cables, Sails, Sail Cloths, Anchors and any Parts of Anchors; also Ships Masts, Planks, Boards and Beams of what Trees soever; and all other Things proper either for building or repairing Ships, and all other Goods whatever, which have not been worked into the form of any Instrument or thing prepared for War by Land or by Sea, shall not be reputed Contraband, much less such as have been already wrought and made up for any other Use; all which shall be wholly reckoned among free Goods: as likewise all other Merchandizes and things, which are not comprehended and particularly mentioned in the foregoing enumeration of contraband Goods: so that they may be transported and carried in the freest manner by the Subjects of both Confederates even to Places belonging to an Enemy such Towns or Places being only excepted as are at that time beseiged, blocked up or invested. ART. 27 [25] To the End that all manner of Dissentions and Quarrels may be avoided and prevented on one Side and the other, it is agreed, that in case either of the Parties hereto should be engaged in War, the Ships and Vessels belonging to the Subjects or People of the other Ally must be furnished with Sea Letters or Passports expressing the name, Property and Bulk of the Ship as also the name and Place of habitation of the Master or Commander of the said Ship, that it may appear thereby, that the Ship really & truely belongs to the Subjects of one of the Parties, which Passport shall be made out and granted according to the Form annexed to this Treaty; they shall likewise be recalled every Year, that is if the Ship happens to return home within the Space of a Year. It is likewise agreed, that such Ships being laden are to be provided not only with Passports as above mentioned, but also with Certificates containing the several Particulars of the Cargo, the Place whence the Ship sailed and whither she is bound, that so it may be known, whether any forbidden or contraband Goods be on board the same:" which Certificates shall be made out by the Officers of the Place, whence the Ship set sail, in the accustomed Form. And if any one shall think it fit or adviseable to express in the said Certificates the Person to whom the Goods on board belong, he may freely do so. EDITOR'S NOTE.-Identical provisions are contained in the treaty between France and England, September 26, 1786, article 24. Substantially the same provisions are contained in the treaty between United States and Sweden, April 3, 1783, article 11; reaffirmed by the treaty between the United States and Sweden and Norway, September 4, 1816, article 12, and by the treaty between the same parties, July 4, 1827, article 17. ART. 29 [27]. If the Ships of the said Subjects, People or Inhabitants of either of the Parties shall be met with either sailing along the Coasts or on the high Seas by any Ship of War of the other or by any Privateers, the said Ships of War or Privateers, for the avoiding of any Disorder shall remain out of Cannon Shot, and may send their Boats aboard the Merchant Ship, which they shall so meet with, and may enter her to number of two or three Men only to whom the Master or Commander of such Ship or Vessel shall exhibit his passport concerning the Property of the Ship made out according to the Form inserted in this present Treaty, and the Ship, when she shall have shewed such Passport shall be free and at Liberty to pursue her Voyage, so as it shall not be lawful to molest or search her in any manner or to give her chase, or force her to quit her intended Course. EDITOR'S NOTE.-Identical provisions are contained in the following treaties: United States and Netherlands, October 18, 1782, article 26. United States and Sweden, April 3, 1783, article 25; reaffirmed by the treaty between United States and Sweden and Norway, September 4, 1816, article 12, and by the treaty between the same parties, July 4, 1827, article 17. France and England, September 26, 1786, article 26. United States and Spain, October 27, 1795, article 18. ART. 30 [28]. It is also agreed that all Goods, when once put on board the Ships or Vessels of either of the two contracting Parties shall be subject to no farther Visitation; but all Visitation or Search shall be made before hand, and all prohibited Goods shall be stopped on the Spot, before the same be put on board, unless there are manifest Tokens or Proofs of fraudulent Practices; nor shall either the Persons or goods of the Subjects of his most Christian Majesty or the United States be put under any arrest or molested by any other kind of Embargo for that Cause; and only the Subject of that State, to whom the said Goods have been or shall be prohibited and who shall presume to sell or alienate such sort of Goods shall be duly punished for the Offence. No. 2 UNITED STATES AND NETHERLANDS Treaty of Amity and Commerce, signed at The Hague, October 8, 1782; ratifications exchanged at The Hague, June 23, 1783. Text from 2 Miller, Treaties of the United States, page 68.2 ART. 10. The Merchant Ships of either of the Parties, coming from the Port of an Enemy, or from their Own, or a Neutral Port, may navigate freely towards any Port of an Enemy of the other Ally: They shall be, never the less, held, when ever it shall be required, to exhibit, as well upon the high-Seas, as in the Ports, their Sea-Letters, and other Documents, described in the Twenty Fifth Article, stating expressly that their Effects are not of the Number of those which are prohibited, as Contraband; And, not having any Contraband Goods, for an Enemy's Port, they may freely, and without hindrance, pursue their Voyage towards the Port of an Enemy. Nevertheless, it shall not be required to examine the Papers of Vessells, convoyed by Vessells of War, but Credence shall be given to the word of the Officer, who shall conduct the Convoy. EDITOR'S NOTE.-Substantially the same provisions are contained in the treaty between the United States and Sweden, April 3, 1783, article 12; reaffirmed by the treaty between the United States and Sweden and Norway, September 4, 1816, article 12, and by the treaty between the same parties, July 4, 1827, article 17. ART. 11. If by exhibiting the Sea-Letters, and other Documents, described more particularly in the Twenty Fifth Article of this Treaty, the other Party shall discover there are any of those sorts of Goods, which are declared prohibited, and Contraband, and that they are consigned for a Port under the obedience of his Enemy, it shall not be lawfull to break up the Hatches of such Ship, nor to open any Chest, Coffer, Packs, Casks, or other Vessells found therein, or to remove the smallest Parcell of her Goods, whether the said Vessel belongs to the Subjects of Their High-Mightinesses, the States General of the United-Netherlands, or to the Subjects or Inhabitants of the said United States of America, unless the Lading be brought on Shore, in presence of the Officers of the Court of Admiralty, and an Inventary thereof made, but there shall be no allowance to sell, exchange, or alienate the same, untill, after that, due and lawfull Process, shall have been had 2 Also in 2 Martens, Recueil des traités, p. 243. |