Consequent upon the same principle of assimilating the property with the Flag, the neutral property found on board of an enemy's vessel shall be considered as enemy's property, unless it may have been embarked in the said vessel before the declaration of war, or before the war was known in the port from whence the vessel departed. The 2 Contracting Parties will apply this principle, so far as other Powers are concerned, only to those by which it is equally acknowledged. EDITOR'S NOTE.-Identical provisions are contained in the following treaties: France and Texas, September 25, 1839, article 4. France and Venezuela, March 25, 1843, article 17. France and New Granada, October 28, 1844, article 20. France and New Granada, September 14, 1857, article 20. Substantially the same provisions are contained in the following treaties: Sardinia and New Granada, August 18, 1847, article 16. Argentina and Chile, August 30, 1855, article 20. ART. 19. In case that 1 of the 2 Parties finds itself engaged in war with another Power, and that its vessels of war have occasion to make use of the right of search upon the seas, it is agreed, that if they meet with a vessel belonging to the other Party, which may have continued neutral, they shall send, in 1 of their own boats, 2 officers, with instructions to examine the vessel's papers in respect to her nationality and that of her cargo. The Commanders of the searching vessels shall be held responsible with their goods and chattels, for any vexatious or violent acts that they may commit on the occasion. The visit shall be permitted only to those vessels that navigate without convoy: when under convoy, it will be sufficient that the Commander of the convoy shall declare verbally, upon his word of honour, that the vessels under his escort and protection belong to the State the flag of which they carry; and, if bound to an enemy's port, that they have no articles of lading contraband of war. EDITOR'S NOTE.-Identical provisions are contained in the following treaties: France and Texas, September 25, 1839, article 5. France and New Granada, October 28, 1844, article 21. France and Chile, September 15, 1846, article 17. France and Dominican Republic, May 8, 1852, article 19. Sardinia and Dominican Republic, January 11, 1855, article 17. Spain and Dominican Republic, February 18, 1855, article 24. Spain and Sicily, March 26, 1856, article 21. Sardinia and Chile, June 28, 1856, article 25. France and New Granada, September 14, 1857, article 21. France and Peru, March 9, 1861, article 23. Substantially the same provisions are contained in the following treaties: Belgium and Bolivia, August 17, 1860, article 31. Germany and Costa Rica, May 18, 1875, article 24. ART. 20. In case that 1 of the 2 Countries be engaged in war with another Power, nation, or State, the citizens of the other may continue their commerce and navigation with the said Power, Nation, or State, excepting with the ports and towns absolutely blockaded or besieged. It is at the same time understood, that this liberty of commerce and navigation does not extend to articles deemed contraband of war; such as pieces of ordnance, muskets, and pistols, swords, cutlasses, and pikes, projectiles, gunpowder, saltpetre, military equipments, and all the instruments, of what class soever, manufactured for the service of war. 73 Costa Rica acceded to this treaty by virtue of the convention with France, concluded on March 12, 1848; 37 British & Foreign State Papers, p. 1375. In no case shall a merchant-vessel belonging to citizens of 1 of the 2 States, and dispatched to a port blockaded by the other, be taken, captured, or condemned, if it had not had previous notice or advice of the existence of the blockade, from 1 of the vessels of the Blockading Station or Squadron; and in order to render it impossible to allege a pretended ignorance of the fact, if the vessel, after having been timely advised, should be captured on presenting herself before the same port, during the continuance of the blockade, the Commander of the vessel of war who may first fall in with her shall endorse her papers, expressing the latitude and longitude, and date of visiting her; and a notification of the blockade, which shall also contain the particulars of the visit. EDITOR'S NOTE.-Identical provisions are contained in the following treaties: France and Texas, September 25, 1839, article 6. France and Dominican Republic, May 8, 1852, article 20. Germany and Costa Rica, May 18, 1875, article 25. Substantially the same provisions are contained in the treaty between Sardinia and New Granada, August 18, 1847, article 17, with the only difference being that saltpeter is omitted from the contraband list. Nó. 75 CHILE AND PERU Treaty of Friendship, Commerce, and Navigation, signed at Santiago, January 20, 1835; ratifications exchanged at Lima, June 23, 1835. Text from 23 British and Foreign State Papers, page 742. ART. 29. [Supra, No. 74, Art. 18.] ART. 30. The liberty thus agreed upon shall be extended to every kind of merchandize, excepting only contraband articles used in war. And in the case that either of the Contracting Parties should be at war with a third Power, the other Party shall be at liberty to sail to and trade with the shores of the enemy's Territory which are not in a state of siege or blockade, avoiding only to carry thither contraband articles used in war, or other prohibited ones, under which denomination are comprehended: 1. Cannons, mortars, howitzers, swivel-guns, blunderbusses, muskets, firelocks, rifles, carbines, pistols, pikes, swords, sabres, lances, boarding-pikes, halberds, grenades, bombs, gunpowder, matches, balls, and all other things necessary for the use of the above arms. 2. Shields, helmets, breast-plates, coats of mail, soldiers' straps, and dresses made for military use. 3. Bandoliers, horses, and harness. 4. And generally every kind of arms or weapons of iron, steel, bronze, copper, and other materials whatsoever, manufactured and expressly prepared for war, either by sea or land. All other merchandize and goods shall be considered free and lawful to trade in, and may be carried by the citizens of one of the Contracting Parties, even to places occupied by an enemy of the other, excepting only, as has already been said, such as are besieged or blockaded; and, in order to remove all doubt, those places only are declared to be besieged or blockaded, before which there shall be at the time, a belligerent force sufficiently strong to prevent Neutrals from entering. ART. 31. [Supra, No. 16, Art. 16.] ART. 32. When the ships belonging to the Fleet of one of the 2 Contracting Parties, shall, on account of the latter being at war with another Nation, find themselves called upon to exercise the right of search, it is agreed, that if they meet with a Neutral vessel of the other Party, they shall remain at the greatest distance compatible with the execution of the search, and shall send their boat with Officers for the purpose of verifying the nationality of the vessel and the nature 128156-37-7 of the cargo, by means of an examination of the ship's papers, which papers should consist of the sailing-licenses, letters of marque or passports, expressing the name and tonnage of the vessel, with the captain's name and residence, and, in addition, the Custom-house certificate of the port from which the vessel under search sailed; this certificate containing the particulars of the cargo, so that it may be ascertained if prohibited or contraband articles are on board or not. The exer cise of the right of search being restricted to these proceedings, and to that of examining the cargo in the event of well-founded suspicion, the Commanders of the said ships of war cannot, without being directly and personally responsible, go beyond their Instruction, so as to exercise extortion, violence, or ill treatment upon the vessels so searched. No. 76 AUSTRIA AND GREECE Treaty of Commerce and Navigation, signed at Athens, February 20 [March 4], 1835; ratified by Greece at Athens on February 20 [March 4], 1835, and by Austria at Vienna, September 9, 1835.74 Text from 23 British and Foreign State Papers, page 335.75 ART. 14. In the event of one of the High Contracting Parties being at war with any Power, Nation, or State, the subjects of the other may continue their trade and navigation to the same States, excepting to the cities or ports blockaded or besieged by land or by sea; but in no case will they be allowed to trade in articles considered contraband of war. EDITOR'S NOTE.-Identical provisions are contained in the following treaties: Greece and Sweden and Norway, December 4, 1836, article 13. Greece and Sardinia, March 19, 1851, article 15. Greece and Sweden and Norway, October 27, 1852, article 15. Greece and Tuscany, April 22, 1856, article 21. Argentina and Paraguay, July 29, 1856, article 4. The above English text is a translation of the identical article 15 of the Greece and Sardinia Treaty of 1851 (printed in 42 British and Foreign State Papers, p. 1279), and is therefore used here in lieu of the available French text of the instant treaty. Substantially the same provisions are contained in the treaty between Greece and Turkey, May 27, 1855, article 18, which adds the following phrase after contraband of war: "and instruments of every kind manufactured for use in war.' ART. 15. Les Hautes Parties Contractantes sont convenues de s'entendre un Acte spécial sur ce qui détermine la contrebande de guerre, ainsi que sur les principes qu'elles suivront relativement au droit maritime des neutres. No. 77 HANSA TOWNS AND VENZUELA Treaty of Amity, Commerce, and Navigation, signed at Caracas, May 27, 1837; ratifications exchanged at Caracas, March 19, 1838. Text in 25 British and Foreign State Papers, page 351.7 76 ART. 16. In case one of the 2 Contracting Parties should be at war, while the other remains neutral, it is agreed that whatever the belligerent party may have stipulated or shall stipulate in favour of the neutral flag with other powers, shall also serve as the rule between [Venezuela] and the Hanseatic Republics. And in order to avoid any doubt in regard to what is to be considered as contraband of war, it is agreed (saving the general principle expressed above), to restrict the definition thereof to the following articles: 1. Cannon, mortars, howitzers, patereros, blunderbusses, muskets, firelocks, rifles, carbines, pistols, pikes, swords, sabres, lances, spears, halberds, and grenades, shells, gunpowder, matches, balls, and all other things necessary for the use of these arms. 74 The date of the exchange of ratifications has not been found. 75 Also in 12 Martens, Nouveau recueil des traités, p. 744. 76 Also in 14 Martens, Nouveau recueil des traités, p. 230. 2. Shields, helmets, cuirasses, coats of mail, trappings, and garments made in military fashion and for military use. 3. Belts and horses, together with their arms and harness. 4. And finally all kinds of arms and instruments of iron, steel, bronze, copper, and any other materials, manufactured, prepared, and intended expressly for carrying on war by sea or by land. ART. 17. In case any merchant ship of one of the Contracting Parties be visited by a ship of war of the other, it is agreed that this visit shall only be made by a boat, manned with the hands necessary to conduct it, while the visiting ship remains out of cannon shot. The examination of the papers must absolutely take place on board the visited ship, from which they shall not be removed, nor shall the captain or officers be required to go on board the examining ship on any pretence. The commanders of armed ships shall be responsible in person and goods for the infraction of these regulations, and for any irregular and unjust conduct. ART. 18. To prevent all doubt and abuse in the examination of the papers relative to the ownership of the vessels belonging to the citizens of the Contracting Parties, and the nature of their cargoes, it is agreed, that in case one of them should be at war, the sea-letters or passports which ships are to be provided with according to Article VII of this Treaty, must set forth the name, ownership, and burthen of the vessel, as well as the name and place of abode of the master or commander; and moreover they are to be furnished with certificates containing the details of the cargo, and the place from whence they sailed, which certificates shall be given by the officers of the place from whence they came, in the usual form. The neutral ship shall not be detained for want of the said requisites, or any other respecting the ownership or the nature of its cargo, unless the declaration of war was known before its departure at the place from whence it sailed. EDITOR'S NOTE.-Provisions identical with articles 16, 17, and 18, respectively of the instant treaty are contained in the following treaties: Hansa Towns and Guatemala, June 25, 1847, articles 17, 18, 19.77 Hansa Towns and New Granada, June 3, 1854, articles 17, 18, 19. Hansa Towns and Venezuela, March 31, 1860, articles 17, 18, 19. The above English texts of articles 16, 17, and 18, respectively, are the translations of the identical articles 17, 18, and 19, respectively, of the Hansa Towns and Guatemala Treaty of 1851 (printed in 40 British and Foreign State Papers, p. 1359), and is therefore used here in lieu of the available French text of the instant treaty. ART. 19. [Supra, No. 12, Art. 22.] No. 78 BELGIUM AND TURKEY Treaty of Amity, Commerce, and Navigation, signed at BaltaLiman, August 3, 1838; ratifications exchanged at Constantinople, October 14, 1838. Text from 26 British and Foreign State Papers, page 1222.78 ART. 2. * * * En cas de guerre, même de l'une des Puissances Contractantes avec une autre Puissance, l'amitié ne cessera pas d'exister entre les 2 Nations. La Belgique, conservant sa neutralité, recevra toujours avec les mêmes égards le Pavillon et les sujets Musulmans ou Rayas, qui ne seront jamais inquiétés en rien et pourront continuer leurs relations commerciales. Par réciprocité, le même accueil sera fait par la Sublime Porte à la Belgique, dont les sujets, le Pavillon et les propriétés seront toujours respectés. EDITOR'S NOTE:-Identical provisions are contained in the treaty between Substantially the same provisions are contained in the treaty between ART. 14. Dans aucune circonstance, on ne pourra forcer les propriétaires ou capitaines des vaisseaux marchands des deux parties contractantes à employer leurs vaisseaux au transport de troupes, munitions ou autres objets de guerre. Ils auront la liberté de refuser les arrangemens qu'on leur proposerait et qui se trouveraient ne pas leur convenir. 77 Costa Rica acceded to this treaty by convention with the Hansa Towns, March 10, 1848, 40 British an d Foreign State Papers, p. 1367. 78 Also in 16 Martens, Nouveau recueil des traités, p. 958 (the year there given is 1839). No. 79 GREECE AND PRUSSIA Treaty of Commerce and Navigation, signed at Athens, July 31 [August 12], 1839; ratifications exchanged at Athens, November 23 [December 5], 1839. Text from 28 British and Foreign State Papers, page 454.79 ART. 20. Les Hautes Parties Contractantes sont convenues de s'entendre par un acte spécial sur les principes qu'elles suivront relativement au commerce des neutres en temps de guerre et sur ce qui détermine la contrebande de guerre. Toutefois elles déclarent dès à présent que vu l'éloignement des pays respectifs des 2 Hautes Parties Contractantes, et l'incertitude qui en résulte sur les divers événemens qui peuvent avoir lieu, il est convenu, qu'un bâtiment marchand, appartenant à l'une d'elles, qui se trouverait destiné pour un port supposé bloqué au moment du départ de ce bâtiment, ne sera cependant pas capturé ou condamné pour avoir essayé une premiere fois d'entrer dans le dit port, à moins qu'il ne puisse être prouvé que le dit bâtiment avait pu et dû apprendre en route que l'état du blocus de la place en question durait encore. Mais les bâtimens qui, après avoir été renvoyés une fois, essayeraient pendant le même voyage d'entrer une seconde fois dans le même port bloqué, durant la continuation de ce blocus, se trouveront alors sujets à être détenus et condamnés. No. 80 SARDINIA AND URUGUAY Treaty of Friendship, Commerce, and Navigation, signed at Turin, October 29, 1840; ratifications exchanged at Paris, April 17, 1843. Text from 31 British and Foreign State Papers, page 1102. ART. 10. Both the High Contracting Powers agree, that in the event of one of the two being at war with a third Power, the neutral flag of the other shall protect the vessel and persons therein, with the exception of officers and soldiers in the active service of the enemy, and shall cover the goods, except articles contraband of war. It shall, consequently, be lawful and allowable to the subjects or citizens of both countries to navigate with their vessels sailing from any port for others belonging to the enemy of either party, and it is forbidden to offer them any hindrance or molestation during such voyage. ART. 11. In order to leave no doubt as to what are the objects and goods considered as contraband of war, the following are declared to be such: fire-arms or cutting or edged weapons, offensive or defensive, such as cannon, muskets, pistols, and others of that description; sabres, swords, cuirasses, lances, clubs, helmets, coats of mail, harness, gunpowder, balls, bombs, grenades, grape-shot, either canister or loose; sulphur, saltpetre, iron, steel, copper, lead, bronze, and any other material whatsoever, adapted for carrying on war by sea or land, and whatever other article which may serve to the arming, equipping, and moving of armies, as uniforms, horses, mules, &c. ART. 12. In the case of one of the High Contracting Parties being at war with a third Power, the subjects or citizens of the other are at liberty to continue their trade with or to sail to or from the said State, excepting only such ports or places as may be blockaded or besieged by sea or land; and, in order to remove all doubt in such cases, it is agreed, that any vessel belonging to the High Contracting Parties, which shall be met with in direct course for a blockaded port, shall neither be detained nor confiscated, except after a special notification of the blockade, to be entered, either by the commander himself conducting the said blockade or by one of the officers under his orders, upon the ship's papers. ART. 13. [Supra, No. 16, Art. 22.] 79 Also in 1 Martens, Nouveau recueil général des traités, p. 580. |