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2. The persons and property of the citizens of the Contracting Party that shall remain neutral when the other is at war, shall not be liable to detention or confiscation, even though they should be found on board an enemy's vessel, unless such persons should be in the service of the enemy, or about to enter it, or unless the property so found should be contraband of war.
3. The stipulations contained in this Article, declaring that the flag covers property and persons, shall apply to those Powers which recognize or may hereafter recognize that principle, but not to others.
EDITOR'S NOTE.—Identical provisions are contained in the following treaties:
Argentina and Peru, March 9, 1874, article 20.
Salvador and Venezuela, August 27, 1883, article 27. ART. 19. The following are reputed articles of contraband, the transport and commerce of which is prohibited in time of war:
1. Pieces of artillery of all kinds and calibres, their mountings, appurtenances, and projectiles, gunpowder, shells, torpedoes, Greek fire, Congreve rockets, and all the other things destined for the use of artillery and fire-arms.
2. Shields, helmets, cuirasses, coats of mail, military equipments, and uniforms. 3. Bandeleers and horses, together with their harnesses.
4. Steam-engines, fuel, and all their appurtenances, intended for ships of war; and, in general, all sorts of arms made of iron, steel, copper, bronze, or any other materials, manufactured, prepared or intended expressly for waging war by land 5. The provisions intended for the use of the armies and fleets of the enemy.
Editor's NOTE.—Identical provisions are contained in the following treaties:
Argentina and Peru, March 9, 1874, article 21.
Salvador and Venezuela, August 27, 1883, article 28.
ART. 22. Whenever any vessel is bound for an enemy's port or place, without knowing that it is in a state of siege or blockaded, it may be turned back from such port or place; but it shall be allowed to go to any other port or place which the captain or supercargo may deem fit, and it shall not be detained, nor any part of its cargo, except contraband, be confiscated, unless it should attempt to enter such place or port after the state of siege or blockade shall have been notified to it by the commander of the blockading forces. No vessel which may have entered a port before it was blockaded or besieged, shall be prevented from quitting it with its cargo, nor shall such vessel or its cargo, on being found after the surrender or delivery of the place, be liable to confiscation, or trial of any sort, but its owners shall be left in undisturbed possession of their property.
ART. 23. (Supra, No. 16, Art. 18.]
ART. 24. If either of the Contracting Parties be at war, the vessels of the other must be provided with letters patent or passports which shall express: the name and nationality of the owner of the vessel, the name and tonnage of such vessel, and the name and residence of the captain, as a proof that the vessel does really and truly belong to citizens of the other party. If loaded, such vessels shall, besides the letters patent and passports, be provided with manifests and certificates stating the particulars of their cargo and the place where it was embarked, in order that it may be thus ascertained whether there are any articles of contraband on board.
These certificates shall be issued in the usual form by the Custom-House officers or by the authorities of the ports from whence the vessels sailed; without which certificates such vessel may be detained, in order that it or its cargo may be adjudicated upon by the competent courts, unless it should be proved that the omission is accidental, or unless evidence which, in the opinion of the courts, is altogether satisfactory, should be furnished.
EDITOR'S NOTE.—Identical provisions are contained in the following treaties:
Argentina and Peru, March 9, 1874, article 26.
Salvador and Venezuela, August 27, 1883, article 34.
ITALY AND MEXICO
Treaty of Friendship, Commerce, and Navigation, signed at Mexico, December 14, 1870; ratifications exchanged at Mexico, July 13, 1874.
Text from 60, British and Foreign State Papers, page 1016.94
ART. 21. The following articles shall be considered contraband of war: cannon, guns, carbines, revolvers, pistols, sabres, and other arms of all sorts; munitions of war, military implements of every kind, and generally whatever is already made up or prepared for the purpose of making war at sea or on land.
ART. 22. If one of the Contracting States should be at war with a third Power, the citizens of the other may continue their navigation and trade with the belligerents, saving contraband of war, and excepting those places which may be blockaded or besieged by sea or by land.
In order to remove every doubt, it is declared that only those places shall be considered as blockaded or besieged, which are so by a belligerent force able to prevent the entrance of the neutrals. Notwithstanding this, in consideration of the uncertainty arising from the distances, it is agreed that the merchant-vessels of one of the Contracting States, which make for a port belonging to the enemy without knowing that it is blockaded, shall be prevented from entering, but shall not be detained, nor shall any part of their cargo be confiscated if no articles of contraband of war be found therein, unless it can be proved that those vessels, during their navigation, could and must have known that the blockade was still going on; or in case that, after having been informed of the blockade, they should again attempt in the same voyage to enter the port.
ART. 23. [Supra, No. 109, Art. 13.]
CHINA AND JAPAN
Treaty of Peace and Amity, signed 1872.95
ART. 14. If either State shall be at war with another Power, it may close its ports and temporarily suspend trade, on giving due notice. Vessels coming or going must not suffer intentional harm. Chinese residing in Japan, or Japanese residing in China, shall not, in such case, take side with either of the belligerents.
GUATEMALA AND NICARAGUA
Treaty of Peace, Friendship, Commerce, and Extradition, signed at Guatemala, February 13, 1874; ratifications exchanged at Guatemala, July 15, 1875.
Text from 65 British and Foreign State Papers, page 481.
* If, unfortunately, any nation should make war against Guatemala or Nicaragua, the two High Contracting Parties agree in the most absolute manner upon not entering into any offensive alliance, nor lending any kind of assistance to the enemies of either of the two Republics; but this engagement does not prevent their entering into any alliances for the defence of their rights or of their respective territories, in case they are invaded.
EDITOR'S NOTE.—Identical provisions are contained in the treaty between Guatemala and Salvador, November 5, 1890, article 13. 94 Also in 1 Martens, Nouveau recueil général des traités (2d ser.), p. 426. 85 The date of the exchange of ratifications has not been found.
There is in 3 Martens, Nouveau recueil général des traités (2d. ser.), p. 504, a treaty between China and Japan, dated August 30, 1871, which with the exception of the omission of one article is identical with the treaty published in British and Foreign State Papers under the date of 1872. Art. 15 of the treaty published in Martens is identical with the instant Art. 14.
ARGENTINA ÅND PERU
Text from 69 British and Foreign State Papers, page 701.97
ART. 22. The Articles of contraband of war above enumerated and classified, which shall be in a vessel bound to a hostile port, shall be subjected to be detained and confiscated; but the rest of the cargo and the vessel shall be free for the owners to dispose of them as they may judge fit.
ART. 23. No vessel of either of the Contracting Parties shall be detained on the high seas for having articles of contraband on board, provided always the captain or supercargo of the said vessel deliver the articles of contraband to the captor, unless these articles should be numerous or of such great bulk that they cannot without serious inconvenience be received on board the captor's vessel; but in this and in all the other cases of just detention the vessel detained shall be sent to the nearest convenient and secure port, to be there judged agreeably with the laws.
EDITOR'S NOTE.—Identical provisions are contained in the treaty between Salvador and Venezuela, August 27, 1883, article 30. ART. 24. When any vessel navigates to a hostile port or place without knowing that it has been beleaguered or blockaded, it can be sent back, the blockade being notified by an official despatched by a vessel forming one of the blockading force; it shall, however, be permitted to go to some other port or place which its captain or supercargo may consider suitable, without any part of its cargo being confiscated, unless the same should be contraband of war. But if after the blockade or attack has been notified the said vessel should again attempt to enter the port, it can, as well as its cargo, be taken and confiscated, except this belong to another person than the owner of the vessel, and it can be proved that it was not implicated in the violation of the blockade.
No vessel which may have entered a port before it was blockaded or attacked shall be prevented from leaving it with ballast or with the cargo with which it entered, or with any other, shipped before the commencement of the blockade; but if it should endeavour to leave with a cargo which should have been shipped subsequently, both the vessel and the cargo shall be liable to confiscation.
The vessels of one or other of the Contracting Parties which shall happen to be in a blockaded or attacked port at the time of the reduction or rendition of the place, and the cargoes which they may have on board, shall not be subject to confiscation or any demand, but the owners shall be left in undisturbed possession of their property.
EDITOR'S NOTE.-Identical provisions are contained in treaty between Salvador and Venezuela, August 27, 1883, article 32. ART. 25. With the object of preventing disorders in visiting and inspecting mercantile vessels on the high seas, it is agreed that whenever a vessel-of-war of one of the Contracting Parties shall meet with a neutral vessel of the other party, the first shall remain at as great a distance as it is possible and safe to make the visitation, due consideration being paid to the circumstances of wind and tide, and the degree of suspicion inspired by the craft to be examined, and shall despatch a boat with only two or three men to carry out the said examination of the documents relating to the ownership of the vessel, without occasioning the least extortion, violence, or ill-usage, for which the captain of the armed vessel shall be answerable with his person and property. In no case shall the neutral party be required to go on board the examining vessel in order to show his papers, nor for any other purpose.
EDITOR'S NOTE.—Identical provisions are contained in the treaty between Salvador and Venezuela, August 27, 1883, article 33. ART. 26. (Supra, No. 114, Art. 24.) ART. 27. (Supra, No. 16, Art. 20.) Art. 28. (Supra, No. 12, Art. 22.] 97 Also in 12 Martens, Nouveau recueil général des iraités (2d. ser.), p. 443.
ITALY AND PERU
Treaty of Friendship, Commerce, and Navigation, signed at Lima, December 23, 1874; ratifications exchanged at Lima, November 7, 1878.
Text from 65 British and Foreign State Papers, page 649.98
ART. 12. The merchant vessels of each Contracting Party 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 same vessels be found in the port after the surrender of the place, they cannot on any pretext be captured, but both the vessels and the merchandize shall be delivered to the respective owners.
A vessel which enters a blockaded port or roadstead shall not be liable to seizure, detention, or confiscation unless its documents of nationality bear a note placed thereon by the maritime forces charged with the blockade, stating that notification has been made to the vessel that the port is blockaded.
ART. 13. (Supra, No. 109, Art. 14.)
GREAT BRITAIN AND TUNIS
Treaty of Commerce, signed at Tunis, July 19, 1875.99
ART. 39. Privateering is now and for ever abolished: His Highness the Bey being desirous to maintain inviolable the neutrality of the Regency of Tunis, it has been established and agreed that, in case of war or hostilities, he shall not permit the enemies of Her Majesty the Queen of Great Britain to fit out privateers in the ports of the Regency, or to sail from them to prey upon the ships and commerce of her subjects; and it is moreover established that His Highness shall not permit or tolerate in the Regency of Tunis the sale of any prize whatsoever which shall have belonged or may belong to the belligerents.
The Queen of Great Britain will cause to be observed the same rules of neutrality towards Tunisian ships and subjects in all the seaports of Her Majesty's dominions.
GERMANY AND HAWAII
Treaty of Friendship, Commerce, and Navigation, signed at Berlin, March 25, 1879, and at Honolulu, September 19, 1879.
Text from 71 British and Foreign State Papers, page 579.2
ART. 8. All vessels bearing the flag of Germany or Hawaii shall in times of war receive every possible protection, short of actual hostility, within the ports and waters of the two countries, and each of the High Contracting Parties engages to respect under all circumstances the neutral rights of the flag and the dominions of the other.
GERMANY AND MEXICO
Treaty of Friendship, Commerce, and Navigation, signed at Mexico, December 5, 1882; ratifications exchanged at Mexico, July 26, 1883.
Text from 73 British and Foreign State Papers, page 709.3
ART. 17. With respect to their relations in time of war, whether as belligerents or neutrals, the two Contracting Parties shall mutually observe the rules of international law as recognized by civilized nations. And with regard especially to all that concerns international maritime law, they mutually undertake to observe the principle laid down in Articles II, III, and IV of the Declaration annexed to the Treaty of Paris, dated the 16th April, 1856, with the following reservation, however, on the part of the United States of Mexico, viz., that should they be at war with a third Power, they will respect "enemies' goods in neutral bottoms” only on condition that such third Power shall have adopted the same principle of maritime international law in regard to Mexico.
EDITOR'S NOTE.—Identical provisions are contained in the protocol of December 15, 1885, to the treaty between Mexico and Sweden and Norway, July 29, 1885, article 1.
SALVADOR AND VENEZUELA
Treaty of Friendship, Commerce, and Navigation, signed at Caracas, August 27, 1883; ratifications exchanged at Caracas, December 11, 1884.
Text from 74 British and Foreign State Papers, page 298.*
ART. 29. Articles of contraband of war above mentioned and classified, which may be found on board a vessel bound for the enemy's ports, shall be detained and confiscated.
ART. 30. (Supra, No. 118, Art. 23.)
ART. 31. Blockade or siege of a port shall not be considered effective unless the blockading force be prepared to successfully impede the entrance into the besieged or blocked port.
ART. 32. [Supra, No. 118, Art. 24.]
ART. 36. Prizes shall be adjudicated by Tribunals established for that purpose by the laws of the respective Republics, and the aforesaid Prize Courts shall alone be empowered to take cognizance of the matter.
MEXICO AND SALVADOR
Treaty of Friendship, Commerce, and Navigation, signed at Mexico, April 24, 1893; ratifications exchanged at Mexico, November 16, 1893.
Text from 95 British and Foreign State Papers, page 1353.4a
ART. 22. If one of the High Contracting Parties should enter into a state of war with another Power, the other shall preserve, for any time and circumstances, its liberty of action to come to the assistance of either of the belligerents, or to observe the rules regulating the conduct of neutral States imposed by the law of nations. It shall, however, be expressly reserved, and without giving rise to the same being considered an act contrary to the duty of neutrals, the right to watch and guard its frontiers by such armed forces as it may consider convenient for the preservation of public order and the defence of such interests as may be imperilled by the state of war.
As regards the special bearings of international maritime law, both Contracting Parties engage to reciprocally observe the second, third, and fourth principles of the Declaration of the Congress of Paris of the 16th April, 1856, with the sole reserve that when one of them shall find itself at war with a third Power, enemy merchandize under a neutral flag shall be respected in the event of the said Power having adopted the same principle of international maritime law with respect to it.
4 Also in 14 Martens, Nouveau recueil général des traités (2d. ser.), da Also in 20 Martens, Nouveau recueil général des traités (2d. ser.), p. 864.