ART. 16. The articles of contraband before enumerated and classified which may be found in a vessel bound for an Enemy's Port, shall be subject to detention and confiscation, leaving free the rest of the cargo and the ship, that the Owners may dispose of them as they see proper. No vessel of either of the two Nations shall be detained on the high seas on account of having on board, articles of contraband whenever the Master, Captain, or Supercargo of said vessel will deliver up the articles of contraband to the Captor, unless the quantity of such articles be so great and of so large a bulk, that they cannot be received on board the capturing ship without great inconvenience; but in this and in all other cases of just detention, the vessel detained shall be sent to the nearest convenient, and safe Port for trial and judgment according to law. EDITOR'S NOTE.-Identical provisions are contained in the following treaties: United States and Central American Federation, December 5, 1825, article 18. United States and Brazil, December 12, 1828, article 18. United States and Mexico, April 5, 1831, article 20. United States and Chile, May 16, 1832, article 16. Chile and Peru, January 20, 1835, article 31. United States and Venezuela, January 20, 1836, article 19. United States and Peru and Bolivia, November 30, 1836, article 15. United States and Ecuador, June 13, 1839, article 19. Chile and New Granada, February 16, 1844, article 18. United States and New Granada, December 12, 1846, article 19. United States and Salvador, January 2, 1850, article 19. United States and Peru, July 26, 1851, article 25. Colombia and Peru, February 10, 1870, articles 20 and 21. ART. 17. And whereas it frequently happens that Vessels sail for a port or place belonging to an enemy without knowing that the same is beseiged, blockaded, or invested, it is agreed that every vessel so circumstanced may be turned away from such port or place, but shall not be detained, nor shall any part of her cargo, if not Contraband, be confiscated unless after warning of such blockade or investment from the commanding officer of the blockading forces, she 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 was actually beseiged, blockaded, or invested by the other, be restrained from quitting such place with her cargo, nor if found therein after the reduction and surrender shall such vessel or her cargo be liable to Confiscation, but they shall be restored to the owners thereof. EDITOR'S NOTE.-Identical provisions are contained in the following treaties: United States and Central American Federation, December 5, 1825, article 19. United States and Mexico, April 5, 1831, article 21. United States and Venezuela, January 20, 1836, article 20. United States and Ecuador, June 13, 1839, article 20. Chile and New Granada, February 16, 1844, article 19. United States and New Granada, December 12, 1846, article 20. United States and Guatemala, March 3, 1849, article 19. United States and Salvador, January 2, 1850, article 20. United States and Bolivia, May 13, 1858, article 20. ART. 18. In order to prevent all kind of disorder in the visiting and examination of the ships and cargoes of both the Contracting Parties on the high seas, they have agreed mutually that whenever a vessel of war, public or private, shall meet with a neutral of the other Contracting Party, the first shall remain out of cannon-shot, and may send its boat with two or three men only in order to execute the said examination of the papers concerning 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 persons and property; for which purpose the Commanders of said private armed vessels shall before receiving their commissions, give sufficient 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 vessel for the purpose of exhibiting her papers or for any other purpose whatever. EDITOR'S NOTE.-Identical provisions are contained in the following treaties: United States and Central American Federation, December 5, 1825, article 20. United States and Mexico, April 5, 1831, article 22. United States and Venezuela, January 20, 1836, article 21. United States and Ecuador, June 13, 1839, article 21. United States and New Granada, December 12, 1846, article 21. United States and Guatemala, March 3, 1849, article 20. United States and Salvador, January 2, 1850, article 21. United States and Salvador, December 6, 1870, article 21. ART. 19. To avoid all kind of vexation and abuse in the examination of the papers relating to the ownership of the vessels belonging to the Citizens of the two Contracting Parties, they have agreed and do 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 ship, as also the name and place of habitation of the master or commander of said vessel, in order that it may thereby appear that the ship really and truly belongs to the Citizens of one of the Parties; they have likewise agreed that such ships being laden, besides the said Sea-letters or Passports, shall also be provided with Certificates containing the several particulars of the cargo and the Place whence the ship sailed, so that 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 sailed in the accustomed form; without which requisites said Vessel may be detained to be adjudged by the competent Tribunal and may be declared legal Prize, unless the said defect shall be satisfied or supplied by testimony entirely equivalent. EDITOR'S NOTE.-Identical provisions are contained in the following treaties: United States and Central American Federation, December 5, 1825, article 21. United States and Brazil, December 12, 1828, article 21. United States and Mexico, April 5, 1831, article 23. United States and Chile, May 16, 1832, article 19. United States and Venezuela, January 20, 1836, article 22. United States and Ecuador, June 13, 1839, article 22. United States and New Granada, December 12, 1846, article 22. United States and Guatemala, March 3, 1849, article 21. United States and Salvador, January 2, 1850, article 22. United States and Bolivia, May 13, 1858, article 22. Substantially the same provisions are contained in the following treaties: United States and Peru and Bolivia, November 30, 1836, article 18. United States and Peru, July 26, 1851, article 28. United States and Peru, September 6, 1870, article 25. ART. 20. It is further agreed that the Stipulations above expressed relative to the visiting and examination of Vessels shall apply only to those which sail without convoy; and when said Vessels shall be under convoy, the verbal declaration of the Commander of the convoy 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. EDITOR'S NOTE.-Identical provisions are contained in the following treaties: United States and Central American Federation, December 5, 1825, article 22. United States and Brazil, December 12, 1828, article 22. United States and Mexico, April 5, 1831, article 24. United States and Chile, May 16, 1832, article 20. United States and Venezuela, January 20, 1836, article 23. United States and Peru and Bolivia, November 30, 1836, article 19. United States and Ecuador, June 13, 1839, article 23. United States and New Granada, December 12, 1846, article 23. United States and Salvador, January 2, 1850, article 23. United States and Peru, July 26, 1851, article 29. United States and Bolivia, May 13, 1858, article 23. United States and Salvador, December 6, 1870, article 23. United States and Italy, February 26, 1871, article 19. Substantially the same provisions are contained in the following treaties: Salvador and Venezuela, August 27, 1883, article 35. ART. 21. [Supra, No. 12, Art. 22.] ART. 22. Whenever one of the Contracting Parties shall be engaged in War with another State, no Citizen of the other Contracting Party shall accept a Commission or Letter of Marque, for the purpose of assisting or co-operating hostilely with the said Enemy against the said Party so at war under the pain of being treated as a Pirate. EDITOR'S NOTE: Identical provisions are contained in the_following treaties: United States and Central American Federation, December 5, 1825, article 24. United States and Brazil, December 12, 1828, article 24. United States and Chile, May 16, 1832, article 22. United States and Venezuela, January 20, 1836, article 25. United States and Peru and Bolivia, November 30, 1836, article 21. United States and Ecuador, June 13, 1839, article 25. Sardinia and Uruguay, October 29, 1840, article 13. Chile and New Granada, February 16, 1844, article 24. United States and New Granada, December 12, 1846, article 26. Argentina and Paraguay, July 29, 1856, article 6. Italy and Uruguay, May 7, 1866, article 12. United States and Peru, September 6, 1870, article 28. United States and Salvador, December 6, 1870, article 26. United States and Peru, August 31, 1887, article 26. No. 17 UNITED STATES AND BRAZIL Treaty of Peace, Friendship, Commerce, and Navigation, signed at Rio de Janeiro, December 12, 1828; ratifications exchanged at Washington, March 18, 1829. Text from 3 Miller, Treaties of the United States, p. 451.11 11 Also in 15 British and Foreign State Papers, p. 944; and in 9 Martens, Nouveau recueil des traités, p. 54. ART. 14. [Supra, No. 16, Art. 12.] ART. 19. And whereas it frequently happens that vessels sail for a port or a place belonging to an enemy, without knowing that the same is besieged, blockaded, or invested, it is agreed, that every vessel so circumstanced, may be turned away from such port or place, but shall not be detained, nor shall any part of her cargo, if not contraband, be confiscated, unless, after warning of such blockade or investment from any officer commanding a vessel of the blockading forces, she 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 was actually besieged, blockaded, or invested by the other, be restrained from quitting such place with her cargo, nor if found therein, after the reduction and surrender, shall such vessel or her cargo, be liable to confiscation, but they shall be restored to the owners thereof. And if any vessel having thus entered the port before the blockade took place, shall take on board a cargo after the blockade be established, she shall be subject to being warned by the blockading forces to return to the port blockaded, and discharge the said cargo, and if after receiving the said warning the vessel shall persist in going out with the cargo, she shall be liable to the same consequences as a vessel attempting to enter a blockaded port after being warned off by the blockading forces. EDITOR'S NOTE.-Identical provisions are contained in the following treaties: United States and Chile, May 16, 1832, article 17. United States and Peru and Bolivia, November 30, 1836, article 16. United States and Peru, July 26, 1851, article 26. United States and Peru, September 6, 1870, article 23. United States and Italy, February 26, 1871, article 14. ART. 20. In order to prevent all kinds of disorder in the visiting and examination of the ships and cargoes of both the contracting parties on the high seas, they have agreed mutually, that whenever a vessel of war, public, or private, shall meet with a neutral of the other contracting party, the first shall remain at the greatest distance compatible with making the visit under the circumstances of the sea and wind and the aegree of suspicion attending the vessel to be visited, and shall send its smallest boat, in order to execute the said examination of the papers concerning 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 persons and property; for which purpose the commanders of the said private armed vessels shall, before receiving their commissions, give sufficient 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 vessel, for the purpose of exhibiting her papers, or for any other purpose whatever. EDITOR'S NOTE.-Identical provisions are contained in the following treaties: United States and Chile, May 16, 1832, article 18. United States and Peru and Bolivia, November 30, 1836, article 17. United States and Peru, July 26, 1851, article 27. United States and Peru, September 6, 1870, article 24. Substantially the same provisions are contained in the following treaties: United States and Dominican Republic, February 8, 1867, article 18. These treaties provide that the visiting belligerent shall remain at a "convenient distance" [instead of "the greatest distance compatible with making the visit"] from the arrested neutral vessel. United States and Peru, August 31, 1887, article 22, specifies that "no more men than may be necessary" be sent to visit the arrested neutral vessel. ART. 21. [Supra, No. 16, Art. 19.] No. 18 UNITED STATES AND CHINA Treaty of Peace, Amity, and Commerce, signed at Wang Hiya, July 3, 1844; ratifications exchanged December 31, 1845, at Poon Tong. Text from 4 Miller, Treaties of the United States, page 559. ART. 22. Relations of peace and amity between the United States and China being established by this Treaty, and the vessels of the United States being admitted to trade freely to and from the five ports of China open to foreign commerce, it is further agreed that in case at any time hereafter, China should be at war with any foreign nation whatever, and for that cause should exclude such nation from entering her ports, still the vessels of the United States shall not the less continue to pursue their commerce in freedom and security, and to transport goods to and from the ports of the belligerent parties, full respect being paid to the neutrality of the flag of the United States: Provided that the said flag shall not protect vessels engaged in the transportation of officers or soldiers in the enemy's service; nor shall said flag be fraudulently used to enable the enemy's ships with their cargoes to enter the ports of China; but all such vessels so offending shall be subject to forfeiture and confiscation to the Chinese Government. EDITOR'S NOTE.-Identical provisions are contained in the following treaties: Sweden and Norway and China, March 20, 1847, article 22. No. 19 UNITED STATES AND RUSSIA Convention as to Rights of Neutrals at Sea, signed at Washington, July 22, 1854; ratifications exchanged October 31, 1854, at Washington. Text from 2 Malloy, Treaties Between the United States and Other Powers, page 1519.12 ART. 1. The two High Contracting Parties recognize as permanent and immu ̄ table the following principles, to wit: 1st. That free ships make free goods that is to say, that the effects or goods belonging to subjects or citizens of a Power or State at war are free from capture and confiscation when found on board of neutral vessels, with the exception of articles contraband of war. 2nd. That the property of neutrals on board an enemy's vessel is not subject to confiscation, unless the same be contraband of war. They engage to apply these principles to the commerce and navigation of all such Powers and States as shall consent to adopt them on their part as permanent and immutable. EDITOR'S NOTE.-Identical provisions are contained in the treaty between the United States and Sicily, January 13, 1855, article 1. ART. 2. The two High Contracting Parties reserve themselves to come to an ulterior understanding as circumstances may require, with regard to the application and extension to be given, if there be any cause for it, to the principles laid down in the first Article. But they declare from this time that they will take the stipulations contained in said Article I as a rule, whenever it shall become a question, to judge of the rights of neutrality. EDITOR'S NOTE.-Identical provisions are contained in the following treaties: United States and Sicily, January 13, 1855, article 2. 12 Also in 45 British and Foreign State Papers, p. 125; and in 16 Martens, Nouveau recueil des traités, Pt. I, p. 571. |
