against such prohibited Goods of Contraband, and the Court of Admiralty, by a Sentence pronounced, shall have confiscated the same, saving always as well the Ship itselff, as any other Goods found therein, which are to be esteemed free, and may not be detained, on pretence of their being infected by the prohibited Goods, much less shall they be confiscated as lawfull Prize: But, on the contrary, when, by the visitation at Land, it shall be found that there are no Contraband Goods in the Vessell, and, it shall not appear by the Papers, that he, who has taken and carried in the Vessell, has been able to discover any there, he ought to be condemned in all the Charges, Damages and Interests of them, which he shall have caused, both to the Owners of Vessells, and to the Owners and Freighters of Cargoes, with which they shall be loaded, by his temerity in taking and carrying them in; declaring most expressly the free Vessells shall assure the liberty of the Effects, with which they shall be loaded, and that this liberty shall extend it selff equally to the Persons who shall be found in a free Vessell, who may not be taken out of her, unless they are Military Men, actually in the service of an Enemy.

ART 12. 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 Enemies of the other, or to their Subjects, although it be not comprehended under the sort of prohibited Goods, the whole may be confiscated, in the same manner, as if it belonged to the Enemy; except, never the less, such Effects and Merchandizes, as were put on board such Vessell, before the Declaration of War, or in the space of Six Months after it, which effects shall not be, in any manner, subject to confiscation, but shall be faithfully and without delay, restored in nature to the Owners, who shall claim them, or cause them to be claimed, before the Confiscation and sale, as also their Proceeds, if the Claim could not be made, but in the space of Eight Months, after the sale, which ought to be publick: provided nevertheless, that if the said Merchandizes are contrabrand, it shall, by no means, be lawfull to transport them afterwards to any Port, belonging to Enemies.

EDITOR'S NOTE.-Identical provisions are contained in the treaty between the United States and Sweden, April 3, 1783, article 14; 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. 13. [Supra, No. 1, Art. 17 (15).]

ART. 14. For further determining of what has been said, all Captains of Privateers, or Fitters-out of Vessells, armed for War, under Commission and on account of private Persons, shall be held, before their departure, to give sufficient Caution, before competent Judges, either, to be entirely responsible for the Malversations, which they may commit in their Cruizes or Voyages, as well as, for the Contraventions of their Captains and Officers against the present Treaty and against the Ordinances and Edicts, which shall be published in consequence of, and conformity to it, under pain of forfeiture and nullity of the said Commissions.

EDITOR'S NOTE.—Substantially the same provisions are contained in the treaty between the United States and Sweden, April 3, 1783, article 16; 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. 19. [Supra, No. 1, Art. 23 (21).]

ART. 24. The liberty of Navigation and Commerce shall extend to all sorts of Merchandizes, excepting only those, which are distinguished_under the name of Contraband or Merchandizes prohibited; And, under this Denomination of Contraband and Merchandizes-prohibited, shall be comprehended only Warlike Stores and Arms, as Mortars, Artillery, with their Artifices and Appurtenances, Fusils, Pistols, Bombs, Grenades, Gun-Powder, Salt-Petre, Sulphur, Match, Bullets and Balls, Pikes, Sabres, Lances, Halberts, Casques, Cuirasses, and other sorts of Arms; as also, Soldiers, Horses, Saddles and Furniture for Horses. All other Effects and Merchandizes, not before specified expressly, and even all sorts of Naval Matters, however proper they may be, for the Construction and Equipment of Vessells of War, or for the Manufacture of one or another sort of Machines of War, by Land or sea, shall not be judged Contraband, neither by the Letter, nor, according to any pretended Interpretation whatever, ought they, or can they be comprehended, under the Notion of Effects prohibited or Contraband: so that all Effects and Merchandizes, which are not expressly before named, may, without any exception, and in perfect liberty, be transported, by the Subjects and Inhabitants of both Allies, from and to Places, belonging to the Enemy;

excepting only the Places, which, at the same time, shall be beseiged, blocked or invested; and those Places only shall be held for such, which are surrounded nearly, by some of the belligerent Powers.

ART. 25. To the end that all dissention and Quarrel may be avoided, and prevented, it has been agreed, that in case that one of the Two Parties happens to be at War, the Vessells belonging to the Subjects or Inhabitants of the other Ally, shall be provided with Sea-Letters or Passports, expressing the Name, the property and the Burthen of the Vessell, as also the Name and the Place of Abode of the Master, or Commander of the said Vessell; to the end that, thereby, it may appear, that the Vessell, really and truly, belongs to Subjects or Inhabitants of one of the Parties; which Passports shall be drawn and distributed, according to the Form, annexed to this Treaty, each time that the Vessell shall return, she should have such her Passport renewed, or, at least, they ought not to be of more antient Date than Two Years, before the Vessell has been returned to her Own Country. It has been also agreed, that such Vessells, being loaded, ought to be provided not only with the said Passports or Sea-Letters; but also, with a general Pasport, or with particular Passports, or Manifests, or other publick Documents, which are ordinarily given to Vessells outward bound, in the Ports from whence the Vessells have set sail in the last place, containing a specification of the Cargo, of the Place from whence the Vessell departed; and of that of her destination, or, instead of all these, with Certificates from the Magistrates or Governors of Cities, Places and Colonies from whence the Vessell came, given in the usual Form, to the end that it may be known, whether there are any Effects prohibited or Contraband, on board the Vessells, and whether they are destined to be carried to an Enemy's Country or not. And in case any one judges proper, to express, in the said documents, the Persons, to whom the effects, on board, belong, he may do it freely, without, however, being bound to do it; and the Omission of such expression cannot and ought not to cause a Confiscation. ART. 26. [Supra, No. 1, Art. 29 (27).]

No. 3

UNITED STATES AND SWEDEN

Treaty of Amity and Commerce, signed at Paris, April 3, 1783; ratifications exchanged at Paris, February 6, 1784.

Text from 2 Miller, Treaties of the United States, page 123.3

ART. 7. [Supra, No. 1, Art. 25 (23).]

ART. 8. This liberty of navigation and commerce shall extend to all kinds of merchandises, except those only which are expressed in the following articles and are distinguished by the name of contraband goods.

EDITOR'S NOTE.-Identical provisions are contained in the treaty between France and England, September 26, 1786, article 21.

The provisions of this article have been 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. 9. Under the name of contraband or prohibited goods shall be comprehended arms, great guns, cannon balls, arquebuses, muskets, mortars, bombs, petards, grenades, saucisses, pitch balls, carriages for ordnance, musket rests, bandoleers, cannon powder, matches, saltpeter, sulphur, bullets, pikes, sabers, swords, morions, helmets, cuirasses, halberds, javelins, pistols and their holsters, belts, bayonets, horses with their harness, and all other like kinds of arms and instruments of war for the use of troops.

EDITOR'S NOTE.-Identical provisions are contained in the treaty between France and England, September 26, 1786, article 22.

The provisions of this article have been 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. 10. These which follow shall not be reckoned in the number of prohibited goods, that is to say: All sorts of cloths and all other manufactures of wool, flax, silk, cotton, or any other materials, all kinds of wearing apparel, together with the things of which they are commonly made; gold, silver coined or uncoined Also in 2 Martens, Recueil des traités. p. 328.

128156-37-2

brass, iron, lead, copper, latten, coals, wheat, barley, and all sorts of corn or pulse; tobacco, all kinds of spices, salted and smoked flesh, salted fish, cheese, butter, beer, oil, wines, sugar; all sorts of salt and provisions which serve for the nourishment and sustenance of man; all kinds of cotton, hemp, flax, tar, pitch, ropes, cables, sails, sail-cloth, anchors and any parts of anchors, ship-masts, planks, boards, beams, and all sorts of trees and other things proper for building or repairing ships; nor shall any goods be considered as contraband which have not been worked into the form of any instrument or thing for the purpose of war by land or by sea, much less such as have been prepared or wrought up for any other use. All which shall be reckoned free goods, as likewise all others which are not comprehended and particularly mentioned in the foregoing article; so that they shall not by any pretended interpretation be comprehended among prohibited or contraband goods. On the contrary, they may be freely transported by the subjects of the King and of the United States, even to places belonging to an enemy, such places only excepted as are besieged, blocked, or invested, and those places only shall be considered as such, which are nearly surrounded by one of the belligerent powers.

EDITOR'S NOTE.-Identical provisions are contained in the treaty between France and England, September 26, 1786, article 23.

The provisions of this article have been 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. [Supra, No. 1, Art. 27 (25).]

ART. 12. [Supra, No. 2, Art. 10.]

ART. 13. If, on producing the said certificates, it be discovered that the vessel carries some of the goods which are declared to be prohibited or contraband, and which are consigned to an enemy's port, it shall not, however, be lawful to break up the hatches of such ships, nor to open any chest, coffers, packs, casks, or vessels, nor to remove or displace the smallest part of the merchandises, until the cargo has been landed in the presence of officers appointed for the purpose and until an inventory thereof has been taken. Nor shall it be lawful to sell, exchange, or alienate the cargo, or any part thereof, until legal process shall have been had against the prohibited merchandises and sentence shall have passed declaring them liable to confiscation, saving, nevertheless, as well the ships themselves as the other merchandises which shall have been found therein, which by virtue of this present treaty are to be esteemed free, and which are not to be detained on pretence of their having been loaded with prohibited merchandise, and much less confiscated as lawful prize. And in case the contraband merchandise be only a part of the cargo, and the master of the vessel agrees, consents, and offers to deliver them to the vessel that has discovered them, in that case the latter, after receiving the merchandises which are good prize, shall immediately let the vessel go and shall not by any means hinder her from pursuing her voyage to the place of her destination. When a vessel is taken and brought into any of the ports of the contracting parties, if, upon examination, she be found to be loaded only with merchandises declared to be free, the owner, or he who has made the prize, shall be bound to pay all costs and damages to the master of the vessel unjustly detained.

EDITOR'S NOTE.-The provisions of this article have been 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. 14. [Supra, No. 2, Art. 12.]

ART. 15. [Supra, No. 1, Art. 17 (15).]

ART. 16. [Supra, No. 2, Art. 14.]

ART. 17. One of the contracting parties being at war and the other remaining neuter, if it should happen that a merchant ship of the neutral power be taken by the enemy of the other party, and be afterwards retaken by a ship of war or privateer of the power at war, also ships and merchandises of what nature soever they may be, when recovered from a pirate or sea rover, shall be brought into a port of one of the two powers and shall be committed to the custody of the officers of the said port, that they may be restored entire to the true proprietor as soon as he shall have produced full proof of the property. Merchants, masters and owners of ships, seamen, people of all sorts, ships and vessels, and in general all merchandises and effects of one of the allies or their subjects, shall not be subject to any embargo nor detained in any of the countries, territories, islands, cities, towns,

ports, rivers, or domains whatever, of the other ally, on account of any military expedition or any public or private purpose whatever, by seizure, by force, or by any such manner; much less shall it be lawful for the subjects of one of the parties to seize or take anything by force from the subjects of the other party, without the consent of the owner. This, however, is not to be understood to comprehend seizures, detentions, and arrests made by order and by the authority of justice and according to the ordinary course for debts or faults of the subject, for which process shall be had in the way of right according to the forms of justice.

EDITOR'S NOTE.-The provisions of this article have been 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. 19. The ships of war of His Swedish Majesty and those of the United States, and also those which their subjects shall have armed for war, may with all freedom conduct the prizes which they shall have made from their enemies into the ports which are open in time of war to other friendly nations; and the said prizes, upon entering the said ports, shall not be subject to arrest or seizure, nor shall the officers of the places take cognizance of the validity of the said prizes, which may depart and be conducted freely and with all liberty to the places pointed out in their commissions, which the captains of the said vessels shall be obliged to show.

EDITOR'S NOTE.-The provisions of this article have been 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. 23. [Supra, No. 1, Art. 23 (21).]

ART. 25. [Supra, No. 1, Art. 29 (27).]

SEPARATE ART. 3. If, in any future war at sea, the contracting powers resolve to remain neuter and, as such, to observe the strictest neutrality, then it is agreed that if the merchant ships of either party should happen to be in a part of the sea where the ships of war of the same nation are not stationed, or if they are met on the high sea without being able to have recourse to their own convoys, in that case the commander of the ships of war of the other party, if required, shall in good faith and sincerity give them all necessary assistance; and in such case the ships of war and frigates of either of the powers shall protect and support the merchant ships of the other; provided, nevertheless, that the ships claiming assistance are not engaged in any illicit commerce contrary to the principles of the neutrality.

No. 4

UNITED STATES AND PRUSSIA

Treaty of Amity and Commerce, signed at The Hague, September 10, 1785; ratifications exchanged at The Hague, August 8, 1786. Text from 2 Miller, Treaties of the United States, page 162.4

ART. 12. If one of the contracting parties should be engaged in war with any other power the free intercourse & commerce of the Subjects or Citizens of the party remaining neuter with the belligerent powers shall not be interrupted. On the contrary, in that case as in full peace, the Vessels of the neutral party may navigate freely to & from the ports and on the coasts of the belligerent parties, free Vessels making free goods insomuch that all things shall be adjudged free which shall be on board any Vessel belonging to the neutral party, although such things belong to an enemy of the other: and the same freedom shall be extended to persons who shall be on board a free Vessel, although they should be enemies to the other party unless they be Soldiers in actual Service of such enemy.

ART. 13. And in the same case of one of the contracting parties being engaged in war with any other power, to prevent all the difficulties & misunderstandings that usually arise respecting the merchandize heretofore called contraband, such as arms ammunition & military stores of every Kind, no such articles carried in the Vessels or by the Subjects or Citizens of one of the parties to the enemies of the other shall be deemed contraband so as to induce confiscation or condemnation & a loss of property to individuals. Nevertheless it shall be lawful to stop such Vessels & articles and to detain them for such length of time as the captors may think necessary to prevent the inconvenience or damage that might ensue from their proceeding, paying however a reasonable compensation for the loss such 4 Also in 2 Martens, Recueil des traités, p. 566.

arrest shall occasion to the proprietors: And it shall further be allowed to use in the Service of the captors the whole or any part of the military stores so detained paying the owners the full value of the same to be ascertained by the current price at the place of its destination. But in the case supposed of a Vessel stopped for articles heretofore deemed contraband, if the master of the Vessel stopped will deliver out the goods supposed to be of contraband nature, he shall be admitted to do it & the Vessel shall not in that case be carried into any port, nor further detained but shall be allowed to proceed on her voyage.

ART. 14. And in the same case where one of the parties is engaged in war with another power that the Vessels of the neutral party may be readily & certainly Known, it is agreed that they shall be provided with sea letters or passports which shall express the name the property & burthen of the Vessel, as also the name & dwelling of the master; which passports shall be made out in good & due forms (to be settled by conventions between the parties whenever occasion shall require) shall be renewed as often as the Vessel shall return into port; and shall be exhibited whensoever required as well in the open sea as in port. But if the said Vessel be under Convoy of one or more Vessels of war belonging to the neutral party, the simple declaration of the officer commanding the Convoy that the said Vessel belongs to the party of which he is shall be considered as establishing the fact, and shall releive both parties from the trouble of further examination.

ART. 15. And to prevent entirely all disorder & violence in such cases, it is stipulated that when the Vessels of the neutral party sailing without Convoy, shall be met by any Vessel of war public or private of the other party, such Vessel of war shall not approach within cannon shot of the said neutral Vessel, nor send more than two or three men in their boat on board the same to examine her sealetters or passports. And all persons belonging to any Vessel of war public or private who shall molest or injure in any manner whatever the people, Vessels or effects of the other party shall be responsible in their persons & property for damages & interest sufficient security for which shall be given by all Commanders of private armed Vessels before they are commissioned.

EDITOR'S NOTE.-Identical provisions are contained in the treaty between the United States and Prussia, July 11, 1799, article 15, reaffirmed by the treaty between the same parties, May 1, 1828, article 12.

ART. 16. It is agreed that the Subjects or Citizens of each of the contracting parties, their Vessels & Effects shall not be liable to any embargo or detention on the part of the other, for any military expedition or other public or private purpose whatsoever. And in all cases of seizure, detention, or arrest for debts contracted or offences committed by any Citizen or Subject of the one party within the jurisdiction of the other the same shall be made & prosecuted by order & authority of law only and according to the regular course of proceedings usual in such cases.

ART. 17. If any Vessel or effects of the neutral power be taken by an enemy of the other or by a pirate, & retaken by that other, they shall be brought into some port of one of the parties, and delivered into the custody of the Officers of that port, in order to be restored entire to the true proprietor as soon as due proof shall be made concerning the property thereof.

ART. 19. [Supra, No. 1, Art. 19 (17).]

ART. 20. No Citizen or Subject of either of the contracting parties shall take from any power with which the other may be at war any Commission or letter of marque for arming any Vessel to act as a privateer against the other, on pain of being punished as a pirate. Nor shall either party hire, lend, or give Any part of their naval or military force to the enemy of the other to aid them offensively or defensively against that other.

EDITOR'S NOTE.-Identical provisions are contained in the treaty between the United States and Prussia, July 11, 1799, article 20.