ART. 3. It is agreed by the High Contracting Parties that all nations which shall or may consent to accede to the rules of the first Article, of this convention, by a formal declaration stipulating to observe them, shall enjoy the rights resulting from such accession as they shall be enjoyed and observed by the two Powers signing this convention. They shall mutually communicate to each other the results of the steps which may be taken on the subject. EDITOR'S NOTE.-Identical provisions are contained in the following treaties: United States and Sicily, January 13, 1855, article 3. No. 20 UNITED STATES AND SICILY Convention of Amity, Commerce, Navigation, and Extradition, signed at Naples, October 1, 1855; ratifications exchanged November 7, 1856, at Naples. Text from 2 Malloy, Treaties Between the United States and Other Powers, page 1814." ART. 2. [Supra, No. 15, Art. 13.] ART. 3. The high contracting parties, in order to prevent and avoid all dispute by determining, with certainty, what shall be considered by them contraband in time of war, and as such cannot be conveyed to the countries, cities, places, or seaports of their enemies, have declared and agreed that under the name of contraband of war shall be comprised only cannons, mortars, petards, grenades, muskets, balls, bombs, guncarriages, gunpowder, saltpetre, matches; troops, whether infantry or cavalry, together with all that appertains to them; as also every other munition of war, and generally, every species of arms, and instruments in iron, steel, brass, copper, or any other material whatever, manufactured, prepared, and made expressly for purposes of war, whether by land or sea. And it is expressly declared and understood that the merchandise above set forth as contraband of war shall not entail confiscation, either of the vessel on which it shall have been loaded, or of the merchandize forming the rest of the cargo of said vessel, whether the said merchandise belong to the same or to a different owner. No. 21 UNITED STATES AND PERU Convention Declaring the Principles of the Rights of Neutrals at Sea, signed at Lima, July 22, 1856; ratifications exchanged October 31, 1857, at Washington. Text from 2 Malloy, Treaties Between the United States and Other Powers, page 1402.14 ART. 1. The two high contracting parties recognize as permanent and immutable the following principles: 1st. That free ships make free goods; that is to say, that the effects or merchandise belonging to a Power or nation at war, or to its citizens or subjects, 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 of an enemy's vessel is not subject to detention or confiscation, unless the same be contraband of war; it being also understood that, as far as regards the two contracting parties, warlike articles destined for the use of either of them shall not be considered as contraband of war. The two high contracting parties engage to apply these principles to the commerce and navigation of all Powers and States as shall consent to adopt them as permanent and immutable. 13 Also in 45 British and Foreign State Papers, p. 226; and in 16 Martens, Nouveau recueil des traités, Pt. I, p. 521. 14 Also in 46 British and Foreign State Papers, p. 890; and in 17 Martens, Nouveau recueil des traités, Pt. I, p. 191. ART. 2. It is hereby agreed between the two high contracting parties that the provisions contained in article twenty-second of the treaty concluded between them at Lima on the twenty-sixth day of July, one thousand eight hundred and fifty-one, are hereby annulled and revoked, in so far as they militate against or are contrary to the stipulations contained in this convention; but nothing in the present convention shall in any manner affect or invalidate the stipulations contained in the other articles of the said treaty of the twenty-sixth of July, one thousand eight hundred and fifty-one, which shall remain in their full force and effect. EDITOR'S NOTE.-See supra, no. 16, article 13. ART. 3. [Supra, No. 19, Art. 2.] No. 22 UNITED STATES AND BOLIVIA Treaty of Peace, Friendship, Commerce and Navigation, signed at La Paz, May 13, 1858; ratifications exchanged November 9, 1862, at La Paz. Text from 1 Malloy, Treaties Between the United States and Other Powers, page 113.15 ART. 15. It shall be lawful for the citizens of the United States of America, and of the Republic of Bolivia, to sail with their ships, with all manner of liberty and security, no distinction being made who are the proprietors of the merchandises laden thereon, from any port to the places of those who now are, or hereafter shall be, at enmity with either of the contracting parties. It shall likewise be lawful for the citizens aforesaid to sail with their ships and merchandises before mentioned, and to trade with the same liberty and security, not only from places and ports of those who are enemies of both or either party, to the ports of the other, and 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 one power or of several. ART. 16. The two high contracting parties recognize as permanent and immutable 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 or 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. The like neutrality shall be extended to persons who are on board a neutral ship with this effect, that although they may be enemies to both or either party, they are not to be taken out of that ship unless they are officers or soldiers, and in the actual service of the enemies. The contracting parties engage to apply these principles to the commerce and navigation of all such Powers and States as shall consent to adopt them as permanent and immutable. EDITOR'S NOTE.-Identical provisions are contained in the following treaties: United States and Haiti, November 3, 1864, article 19. United States and Dominican Republic, February 8, 1867, article 15. ART. 17. [Supra, No. 16, Art. 14.] 15 Also in 48 British and Foreign State Papers, p. 759. No. 23 UNITED STATES AND JAPAN Treaty of Amity and Commerce, signed at Yedo, July 29, 1858; ratifications exchanged May 22, 1860, at Washington. Text from 1 Malloy, Treaties Between the United States and Other Powers, page 1000.16 ART. 10. The Japanese Government may purchase or construct, in the United States, ships of war, steamers, merchant ships, whale ships, cannon, munitions of war, and arms of all kinds, and any other things it may require. It shall have the right to engage, in the United States, scientific, naval, and military men, artisans of all kinds, and mariners to enter into its service. All purchases made for the Government of Japan may be exported from the United States, and all persons engaged for its service may freely depart from the United States: provided that no articles that are contraband of war shall be exported, nor any persons engaged to act in a naval or military capacity, while Japan shall be at war with any Power in amity with the United States. No. 24 UNITED STATES AND VENEZUELA Treaty of Amity, Commerce, Navigation, and Extradition, signed at Caracas, August 27, 1860; ratifications exchanged August 9, 1861, at Caracas. Text from 2 Malloy, Treaties Between the United States and Other Powers, page 1845."7 ART. 12. [Supra, No. 12, Art. 12.] ART. 19. In all cases where vessels shall be captured, or detained to be carried into port, under pretence of carrying to the enemy contraband goods, the captor shall give a receipt for such of the papers of the vessel as he shall retain, which receipt shall be annexed to a copy of the said papers; and it shall be unlawful to break up or open the hatches, chests, trunks, casks, bales or vessels found on board, or remove the smallest part of the goods, unless the lading be brought on shore in presence of the competent officers, and an inventory be made by them to the same. Nor shall it be lawful to sell, exchange, or alienate the said articles of contraband in any manner, unless there shall have been lawful process, and the competent judge or judges shall have pronounced against such goods sentence of confiscation. EDITOR'S NOTE.-Identical provisions are contained in the following treaties: United States and Haiti, November 3, 1864, article 26. United States and Dominican Republic, February 8, 1867, article 20. ART. 20. [Supra. No. 12, Art. 21.] 16 Also in 48 British and Foreign State Papers, p. 596; and in 17 Martens, Nouveau recueil des traités, Pt. I, p. 51. 17 Also in 50 British and Foreign State Papers, p. 502. No. 25 UNITED STATES AND HAITI Treaty of Amity, Commerce, Navigation, and Extradition, signed at Port au Prince, November 3, 1864; ratifications exchanged May 22, 1865, at Washington. Text from 1 Malloy, Treaties Between the United States and Other Powers, page 921.18 ART. 17. It shall be lawful for the citizens of either Republic to sail with their ships and merchandise (contraband goods excepted) with all manner of liberty and security, no distinction being made who are the proprietors of the merchandise laden thereon, from any port to the places of those who now are, or hereafter shall be, at enmity with either of the contracting parties. It shall likewise be lawful for the citizens aforesaid to sail with their ships and merchandises before mentioned, and to trade with the same liberty and security, not only from ports and places of those who are enemies of both or either party, to ports of the other, and 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 one or several Powers, unless such ports or places are blockaded, besieged, or invested. ART. 18. [Supra, No. 16, Art. 17.] No. 26 UNITED STATES AND ITALY Treaty of Commerce and Navigation, signed at Florence, February 26, 1871; ratifications exchanged at Washington, November 18, 1871. Text from 1 Malloy, Treaties Between the United States and Other Powers, page 969.19 ART. 13. The high contracting parties having agreed that a state of war between one of them and a third Power shall not, except in the cases of blockade and contraband of war, affect the neutral commerce of the other, and being desirous of removing every uncertainty which may hitherto have arisen respecting that which, upon principles of fairness and justice, ought to constitute a legal blockade, they hereby expressly declare that such places only shall be considered blockaded as shall be actually invested by naval forces capable of preventing the entry of neutrals, and so stationed as to create an evident danger on their part to attempt it. ART. 14. [Supra, No. 17, Art. 19.] 18 Also in 54 British and Foreign State Papers, p. 1141. 19 Also in 61 British and Foreign State Papers, p. 88, and in 1 (2d. ser.) Martens, Nouveau recueil des traités, p. 57. No. 27 UNITED STATES AND PERU Treaty of Friendship, Commerce, and Navigation, signed at Lima, August 31, 1887; ratifications exchanged at Washington, October 1, 1888. Text from 2 Malloy, Treaties Between the United States and Other Powers, page 1431.20 ART. 17. [Supra, No. 16, Art. 12.] ART. 18. The liberty of commerce and navigation stipulated for in the preceding articles shall extend to all kinds of merchandise, except the articles called contraband of war, under which name shall be comprehended: 1. Cannons, mortars, howitzers, swivels, blunderbusses, muskets, fusees, rifles, carbines, pistols, pikes, swords, sabres, lances, spears, halberds, grenades, bombs, powder, dynamite and all explosives which are recognized as of use for purposes of war, matches, balls, torpedoes, and everything belonging to the use of these arms. 2. Bucklers, helmets, breastplates, coats of mail, accoutrements, and clothes made up in military form and for military use. 3. Cavalry belts and horses, with their harness. 4. And, generally, all offensive and defensive arms made of iron, steel, brass, copper, or any other material, prepared and formed to make war by land or at sea. ART. 19. [Supra, No. 16, Art. 15.] ART. 20. [Supra, No. 16, Art. 16.] No. 28 MULTIPARTITE Convention (No. V) Respecting the Rights and Duties of Neutral Powers and Persons in War on Land, signed at The Hague, October 18, 1907. Text from 2 Malloy, Treaties Between the United States and Other Powers, page 2290.21 EDITOR'S NOTE. This convention was signed by Germany, the United States, Argentina (with reservations to art. 19), Austria-Hungary, Belgium, Bolivia, Brazil, Bulgaria, Chile, Colombia, Cuba, Denmark, Dominican Republic, Ecuador, Spain, France, Great Britain (with_reservations to arts. 16, 17, 18), Greece, Guatemala, Haiti, Italy, Japan, Luxemburg, Mexico, Montenegro, Norway, Panama, Paraguay, Netherlands, Peru, Persia, Portugal, Rumania, Russia, Salvador, Serbia, Siam, Sweden, Switzerland, Turkey, Uruguay, and Venezuela. According to available information 22 this convention is at present in force, by reason of ratification of the original signature or by virtue of subsequent adherence, between the following countries:. United States, Austria, Belgium, Bolivia, Brazil, China, Cuba, Denmark, Finland, France, Germany, Guatemala, Haiti, Hungary, Japan, Liberia, Luxemburg, Mexico, Netherlands, Nicaragua, Norway, Panama, Poland, Portugal, Rumania, Russia, Salvador, Siam, Spain, Sweden, and Switzerland. ART. 1. The territory of neutral Powers is inviolable. ART. 2. Belligerents are forbidden to move troups or convoys of either munitions of war or supplies across the territory of a neutral Power. 20 Also in 78 British and Foreign State Papers, p. 782 ; and in 22 (2d ser.) Martens, Nouveau Recueil des traités, p. 63. 21 Also in 100 British and Foreign State Papers, p. 359. 22 From Treaty Information Bulletin, United States Department of State, up to and inclusive of Bulletin No. 84 (December 1936), and League of Nations Treaty Series, up to and inclusive of Volume 165. |
