ART. 21. Sont réputés contrebande de guerre les articles suivants: armes blanches ou à feu, projectiles, poudre, articles d'équipement militaire et, en général, toute espèce d'armes ou d'instruments de fer, acier, cuivre, plomb ou de toute autre matiére expressément fabriquée pour faire la guerre sur terre ou sur mer. ART. 22. [Supra, No. 64, Art. 21.] No. 106 SPAIN AND MOROCCO Treaty of Commerce and Navigation, signed at Madrid, November 20, 1861; ratifications exchanged at Tangier, April 2, 1862. Text from 53 British and Foreign State Papers, page 1089. ART. 27. As a proof of the good harmony which is to exist between the two nations, whenever Morocco vessels shall seize an enemy's vessel, and any Spanish seamen, passengers, or property, which may belong to subjects of Her Catholic Majesty shall be found on board, they and their goods and effects shall be freely given up to the Consul-General, if the captors return to any port of Morocco; but if previous to so doing, they touch at any port in Spain, they shall deliver them in a like manner to the Commandant or Governor, and in case they are unable to do either the one or the other, they shall leave them in full security at the first friendly port they touch at. The captains of Spanish vessels shall adopt the same practice with regard to the persons and property of the Sultan of Morocco's subjects found on board of vessels taken from the enemy; this good harmony, and the respect due to the flag of both Sovereigns being such as to liberate the persons and property of subjects of an enemy to one or the other nation, sailing in Spanish or Morocco vessels with legal passports, stating the luggage or effects which belong to them, when the said property shall not be of a class prohibited by the rights of war. ART. 28. [Supra, No. 100, Art. 22.] ART. 29. If men-of-war or merchant-vessels of either nation, should be attacked by ships of any country which may be at war with one of them, in ports or in places where there are fortresses, they shall be protected by their fire, the enemy's vessels being prevented from committing any act of hostility, and from leaving the ports until 24 hours after the friendly vessels shall have sailed. The two Contracting Parties engage also to demand reciprocally the restitution, from the enemy of either of them, of the prizes made within 3 miles of their coasts, or within view of them, when on account of its not being able to approach the land, the vessel captured should have been riding at anchor. Finally, they shall prohibit the sale in their ports of vessels of war or merchantvessels captured on the high seas by any other Power at war with Spain or Morocco; and in case (the captors) should enter their ports with a prize of one of the two nations taken in the vicinity of their coasts, in the manner above stated, they shall immediately declare her to be free, and oblige the captors to give her up, with all the property, crew, &c., they may have taken. No. 107 DENMARK AND VENEZUELA Treaty of Friendship, Commerce, and Navigation, signed at Caracas, December 19, 1862; ratifications exchanged at Caracas, June 13, 1863. Text from 52 British and Foreign State Papers, page 753. ART. 16. Les deux Parties Contractantes adoptent dans leurs relations mutuelles les principes suivants: 1. Le pavillon neutre couvre la marchandise ennemie à l'exception de la contrebande de guerre. 2. La marchandise neutre, à l'exception de la contrebande de guerre, n'est pas saisissable sous pavillon ennemi. 3. Les blocus, pour être obligatoires, doivent être effectifs, c'est-à-dire, maintenus par une force suffisante pour interdire réellement l'accès du littoral de l'ennemi. En conséquence du premier de ces principes, si l'une des deux parties reste neutre, dans le cas où l'autre viendrait à être en guerre avec quelque puissance, les marchandises couvertes du pavillon neutre, excepté la contrebande de guerre, seront aussi réputées neutres, même quand elles appartiendraient aux ennemis de l'autre Partie Contractante. Il est également convenu que la liberté du pavillon s'étend aussi aux individus qui seraient trouvés à bord des bâtiments neutres, à moins qu'ils ne soient militaires et alors engagés au service de l'ennemi. Il est également convenu que la propriété neutre, excepté la contrebande de guerre, trouvée à bord d'un bâtiment ennemi, sera aussi considérée comme neutre. Les deux Parties Contractantes n'appliqueront ces principes qu'aux puissances qui les reconnaîtront également. ART 17. [Supra, No. 84, Art. 18.] No. 108 ITALY AND URUGUAY Treaty of Commerce and Navigation, signed at Montevideo, May 7, 1866; ratifications exchanged at Montevideo, September 10, 1867. Text from 60 British and Foreign State Papers, page 485. ART. 11. In case one of the High Contracting Parties should be at war with a third Power, the citizens or subjects of the other may continue their commerce with and navigation to the said State, excepting only the ports and places blockaded or besieged by sea or land; and in order to remove every doubt in this case, it is agreed that any vessel of the nation of the two High Contracting Parties which shall be met with bound to a blockaded port, shall neither be detained nor confiscated, unless in case that, after a first notification of blockade, inscribed on its papers by the commander who directs the blockade, or by some one for him, the said vessel should return and endeavour to violate the blockade which has been notified to it. ART. 12. [Supra, No. 16, Art. 22.] No. 109 ITALY AND NICARAGUA Treaty of Commerce and Navigation, signed at Managua, March 6, 1868; ratifications exchanged at New York, December 20, 1871. Text from 58 British and Foreign State Papers, page 539. ART. 12. The blockade to be obligatory must be effective and declared. The blockade shall not be considered effective unless it be maintained by forces sufficient for the real prevention of any access to the coasts or the ports blockaded. The blockade shall be considered as notified, if special notice thereof be given to the ship which is about to enter the blockaded place. Therefore, in no case can the ship be sequestrated, or captured, or condemned, if the actual existence of the blockade has not been notified to it by a vessel of the squadron which maintains the blockade. And in order that ignorance of the facts may not be alleged, and that it may be lawful to capture the vessel which, notwithstanding the notification made to it in due form, shall return to present itself before the same port during the blockade, the commander of the vessel of war must, when he first meets it, make a note on its navigation papers, of the day, the place and latitude in which he visited it, and gave it notification of the blockade, and he must obtain from the captain of the merchant-vessel a similar declaration signed by him. EDITOR'S NOTE.-Identical provisions are contained in the following treaties: Italy and Guatemala, December 31, 1868, article 13. Italy and Honduras, December 31, 1868, article 13. Italy and Uruguay, September 19, 1885, article 13. ART. 13. The merchant-ships of each of the Contracting Parties which may have entered a port before it was besieged, blockaded, or occupied by one of the belligerents, may freely depart therefrom with their cargo; and if those said ships should be found in the port after the surrender of the place, they cannot be captured under any pretext, but the ships, as well as the goods, must be delivered over to the respective owners. EDITOR'S NOTE.-Identical provisions are contained in the following treaties: Italy and Guatemala, December 31, 1868, article 14. ART. 14. The following shall be considered as articles contraband of war:cannons, guns, carbines, revolvers, pistols, sabres, and other arms of all kinds, munitions of war, military implements of any sort, provided they are not for use on board and personal use, and generally everything that, without manipulation, may serve exclusively for immediate armament, naval or military. Persons belonging to one of the belligerents can never be arrested on board the ships, except in case of their being enrolled as soldiers or as volunteers for his service. EDITOR'S NOTE..-Identical provisions are contained in the following treaties: Italy and Guatemala, December 31, 1868, article 15. ART. 15. If one of the two Contracting Powers should be at war with a third Power, the citizens of the other may continue their navigation and their commerce with the enemy's States, and between the belligerent States, except in case of blockade or contraband of war, the definitions and the rules laid down in the 3 preceding Articles remaining unaltered, as well as the rules of common international law in regard to the right of visitation. EDITOR'S NOTE.-Identical provisions are contained in the following treaties: Italy and Guatemala, December 31, 1868, article 16. No. 110 ARGENTINA AND BOLIVIA Treaty of Peace, Friendship, Commerce, and Navigation, signed July 9, 1868, at Buenos Aires; ratifications exchanged at Buenos Aires, September 24, 1869. Text from 72 British and Foreign State Papers, page 601. ART. 14. If it should happen that one of the Contracting Parties is at war with a third Power the following Rules will be observed:— That the neutral flag covers ship and people, except officers and soldiers in the active service of the enemy. That the neutral flag covers the cargo, except articles contraband of war; this Rule not applying to Powers who do not recognize or observe it, and, as a consequence, the property of enemies which may appertain to such Powers will not be rendered free by the flag of whichever of the two Contracting Parties may be neutral; but the merchandize or effects of the neutral Power embarked in ships flying the flag of such enemy will be free, except such as are contraband of war. That citizens of the neutral country may navigate freely with their ships going from any port to another belonging to the enemy of either Party; it being expressly forbidden to molest them in any way in such navigation. That any ship of one of the High Contracting Parties which may be sailing towards a port blockaded by the other will not be detained or confiscated, except after special notification of the blockade, notified and registered on the register of the said ship by the Commander of the blockading forces, or by some official under his command. That neither of the Contracting Parties shall allow the prizes taken at sea from the other by any State with which that other may be at war to remain or be sold in her ports. That the objects or articles which are to be considered contraband of war shall be determined by what is agreed in the Treaties made, or to be made in future, with other nations. No. 111 ITALY AND SIAM Treaty of Friendship, Commerce, and Navigation, signed at London, October 3, 1868; ratifications exchanged at Bangkok, January 1, 1871. Text from 60 British and Foreign State Papers, page 773. ART. 16. The High Contracting Parties, recognizing the principles of maritime law established by the Paris Congress of 1856, agree that if a war should take place between them, private property, of whatever kind, belonging to citizens of the one, shall be respected by the other, in the same manner as the property of neutrals. This shall be observed on land, at sea, on the high seas, in the territorial waters, and everywhere else, and whatever may be the flag under which the vessels navigate or the goods are carried, without any limitations, except the case of breaking blockade and the case of contraband of war. The right is maintained, however, of preventing, during the war, all commerce and communication between all or any points of the coast of their own territory, and merchant ships under hostile flags, and also to visit transgressors of the prohibition with confiscation and other penalties, provided the prohibition and the penalties be made known by a suitable manifesto published previously. EDITOR'S NOTE.-Identical provisions are contained in the treaty between Italy and Uruguay, September 19, 1885, article 12. ART. 17. [Supra, No. 86, Art. 32.] No. 112 PORTUGAL AND TRANSVAAL Treaty of Friendship, Commerce, and Boundaries, signed at Pretoria, July 29, 1869; ratifications exchanged at Pretoria, July 10, 1871. Text from 63 British and Foreign State Papers, page 600. ART. 20. If one of the Contracting Parties should be at war with another State, no subject or citizen of the other Contracting Party shall assist the said enemy, or co-operate with him hostilely against the said Contracting Party with which he is at war, on pain of forfeiting his right to the protection of the Government to which he belongs. No. 113 PRUSSIA AND MEXICO Treaty of Friendship, Commerce, and Navigation, signed at Mexico August 28, 1869; ratifications exchanged at Mexico, August 26, 1870. Text from 68 British and Foreign State Papers, page 1055.93 ART. 15. Should one of the Contracting States be at war, the other remaining neutral, the two following principles shall be acknowledged and observed: that the neutral flag covers merchandize of the enemy, that is, that merchandize belonging to citizens of the country at war, with the exception of contraband of war, are precluded from capture and confiscation if on board a neutral vessel; and that similarly merchandize of a neutral Power, with the like exception of contraband of war, is precluded from capture and confiscation, if on board a merchant-vessel of the enemy's country. 93 Also in 19 Martens Nouveau recueil général des traités, p. 484. The following objects are understood to constitute contraband of war:1. Cannons, mortars, shells, muskets, rifles, carbines, pistols, swords, sabres, lances, halberds, grenades, bombs, bullets, powder, sulphur, saltpetre, matches, percussion caps, and all other articles that may serve for warfare. 2. Helmets, cuirasses, and every article of military outfit, uniform, or dress. 3. Horses with their harness and other objects serviceable for the use of cavalry. 4. In general all sorts of arms and instruments or apparatus of iron, steel, copper, or bronze, and other kinds, serviceable for warfare, whether by land or sea. ART. 16. Merchandize not included in the articles classified as contraband of war shall be considered objects of free traffic, and may be carried and sent by the subjects of each of the Contracting States, even to places in the territory of an enemy of the other Contracting State, save only such places as may be under blockade or siege, by water or by land; and in order to remove all doubt on this point, it is here explained that only such points are to be considered as really under blockade or siege as those to which one of the Powers at war is able to bar the entrance of neutrals. Nevertheless, in consideration of the uncertainty often occasioned by distance, it is agreed that merchant-vessels of one of the Contracting States which start for a port belonging to the enemy, without knowing it to be blockaded, shall not be permitted to enter such port, but shall not, however, be detained, nor any part of their cargo confiscated, if it contain no contraband of war, unless it can be proved that during the voyage they had an opportunity of ascertaining the fact of such blockade, or that they attempted, after being informed of the blockade, to enter the port again, and that on the same voyage. ART. 17. In the case a war-ship or armed vessel of one of the Contracting States which is at war searches a merchant-vessel belonging to the other on the high seas, the former shall remain out of cannon-range and shall despatch a boat with only the necessary staff for the operation. The papers shall be inspected on board the ship examined, without taking them away from her, or exacting, under any pretext, that its captain, officers, or crew should go on board the examining vessel. commanders of vessels armed on the account of private individuals shall be responsible with their property for any infraction of these regulations, and for any illegal proceeding; to which end, before receiving their patents, they shall give sufficient sureties to meet the losses which they may occasion. The ART. 18. In order to avoid doubts and prevent abuses in the inspection of papers relative to the ownership of vessels belonging to subjects of the Contracting States, it is agreed that when one of them is at war, the vessels belonging to subjects of the other should carry sea-papers or passports drawn up in the accustomed form by the authorities of its home port, and which shall state the name, proprietary, and dimensions of the vessel, as well as the name of its captain or commander and the place of his domicile. If the vessels carry cargo they should further be furnished with certificates drawn up in the same way, specifying the constituents of the cargo and the place of export. A vessel cannot be detained on account of failing in these requirements, nor for any other reason in connection with the ownership of the ship or nature of its cargo, if it was not known before the departure of the vessel in the port whence it started that war had broken out. ART. 19. [Supra, No. 12, Art. 22.] No. 114 COLOMBIA AND PERU Treaty of Friendship, Commerce, and Navigation, signed at Lima, February 10, 1870; ratifications exchanged at Lima, March 13, 1873. Text from 60 British and Foreign State Papers, page 349. ART. 18. The two Contracting Parties agree to recognize the following principles, in the case of either of them being at war with a foreign nation: 1. The vessels of the one of the two Contracting Parties which shall remain neutral may freely navigate from the ports and places of the enemy to those of a neutral country, or from a neutral place or port to a hostile one, or from one hostile port or place to another, excepting blockaded ports or places; and in all these cases any property on board such vessels, to whomsoever belonging, shall be free, excepting contraband of war; and any person on board the neutral vessel, although a citizen of the enemy's nation, but provided he is not in the service of the enemy's Government, or about to engage in it, shall likewise be free. |