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No. 88

BRAZIL AND URUGUAY

Treaty of Commerce and Navigation, signed at Rio de Janeiro October 12, 1851; ratified by Brazil, October 13, 1851.86

Text from 40 British and Foreign State Papers, page 1145.

ART. 9. In case of war between one of the High Contracting Parties and a third Power, the other Contracting Party that keeps itself neutral (besides the cases mentioned in the Treaty of Alliance concluded on this same date between the 2 High Contracting Parties) will not permit the transit of belligerent forces through its territory, nor that they be provided by means of inland commercial transactions with articles contraband of war.

ART. 10. In the above-mentioned state of war, the 2 High Contracting Parties adopt the following principles:

1st. That the neutral flag shall cover the vessel and the persons on board, with the exception of the officers and soldiers in the effective service of the enemy. 2nd. That the neutral flag shall cover the cargo, with the exception of articles contraband of war. Nevertheless, it is understood and agreed that the preceding stipulations, declaring that the flag covers the cargo, shall be only applicable to those Powers which recognize this principle; but if one of the Contracting Parties be at war with a third, the other remaining neutral, the flag of the neutral shall cover the property of the enemy whose Government recognizes and observes this principle, and not of the others.

3rd. That the hostile flag does not make the cargo of the neutral free unless it was put on board the enemy's vessel before the declaration of war, or even after, without having had notice of it. It is also understood that if the neutral flag does not protect the property of the enemy, the goods and merchandise of the neutral embarked on board an enemy's vessel shall be free.

4th. That the citizens of the neutral State may navigate with their vessels freely, sailing from one port for another belonging to the enemy of either party, it being expressly prohibited to molest them in any way whatever in this navigation.

5th. That no vessel belonging to one of the Contracting Parties that may be met with sailing for a port blockaded by the other, shall be detained or confiscated until after the special notification, of the blockade, registered by the chief of the blockading forces or some officer under his command, in the passport of the vessel.

6th. That neither of the 2 Contracting Parties shall allow the maritime prizes, taken from the other Contracting Party by any State with which it shall be at war, to remain or to be sold in its port.

EDITOR'S NOTE.-Identical provisions are contained in the following treaties:
Portugal and Argentina, August 9, 1852, article 18.

Argentina and Brazil, March 7, 1856, article 10.

ART. 11. [Supra, No. 16, Art. 14.]

ART. 12. [Supra, No: 16, Art. 22.]

No. 89

DENMARK AND DOMINICAN REPUBLIC

Treaty of Friendship, Commerce, and Navigation, signed at St. Croix, December 17, 1851; ratifications exchanged at Santo Domingo, February 2, 1853.

Text from 67 British and Foreign State Papers, page 1070.87

ART. 13. In case one of the two countries should be engaged in war with another Power, nation, or State, the citizens of the other may continue their trade and navigation with the same States, excepting only the ports and places that are blockaded, or are under a state of siege; but this liberty of trade and navigation shall not extend to goods reported as contraband of war, fire-arms, weapons,

86 Dates of the ratification of Uruguay and of the exchange of ratifications have not been found. 87 Also in 16 Martens, Nouveau recueil général des traités, Pt. I, p. 210 (the date of signature there given is July 26, 1852).

projectiles, powder, saltpetre, articles of military equipment, and all other articles proper for war.

No. 90

DOMINICAN REPUBLIC AND SARDINIA

Treaty of Friendship, Commerce, and Navigation, signed at Turin, January 11, 1855; ratifications exchanged at Turin, December 27, 1855.

Text from 46 British and Foreign State Papers, page 1273.

ART. 15. [Supra, No. 74, Art. 17.]

ART. 16. The two Contracting Parties, adopting in their mutual relations the principle, that the flag covers the property, if one of them should remain neutral, when the other shall be at war with a third Power, the goods covered by the neutral flag shall be considered neutral, although they should belong to the enemies of the second.

It is likewise stipulated that the liberty of the flag secures that of the person, and that individuals belonging to the enemy, found on board of a neutral vessel, cannot be made prisoners, except they be soldiers, and in actual service of the enemy.

According to the same principle aforesaid, assimilating the flag and property, the neutral property which shall be found on board of an enemy's vessel, shall be considered as belonging to the enemy, unless it should have been shipped before the declaration of war or before the notice thereof had reached the port whence the ship has come.

Notwithstanding, the two High Contracting Parties reserve to themselves the power of restoring respectively to each other the goods belonging to their respective citizens and subjects, found on board of an enemy's vessel, provided that the ownership be legally proved.

Articles contraband of war are not included in the aforesaid stipulations.

The two Contracting Parties shall not apply the principle sanctioned by this Article to any other nation, except those that shall have likewise acknowledged the

same.

ART. 17. [Supra, No. 74, Art. 19.]

ART. 18. In case that one of the two Contracting Parties should be at war with a third Power, the citizens of the other may continue their navigation and commerce with the first, excluding those cities or ports which shall be actually besieged or blockaded. This liberty of commerce and navigation shall not be applied in any manner whatsoever to articles contraband of war, namely:-fire arms, swords, projectiles, powder, saltpetre, articles of military equipment, and all instruments of any description whatsoever for purposes of war.

In no case can a merchant vessel the property of citizens of one of the two Contracting States, despatched to a port blockaded by the other, be detained, captured or condemned, unless it shall have been apprised by a vessel of the squadron or blockading division of the existence of the blockade. And to prevent ignorance of the fact being alleged, and that the vessel which has been duly warned may be legally captured if endeavouring to enter a blockaded port, the commander of the vessel of war who meets and visits the same, shall note down upon the ship's papers the date, place, and latitude where he has visited it, and likewise the notification that he has made.

No. 91

SPAIN AND DOMINICAN REPUBLIC

Treaty of Recognition, Peace, Friendship, Commerce, Navigation, and Extradition, signed at Madrid, February 18, 1855; ratifications exchanged at Madrid, August 19, 1855.

Text from 46 British and Foreign State Papers, page 1283.

ART. 21. [Supra, No. 74, Art. 17.]

ART. 22. The two Contracting Parties, adopting in their mutual relations the principle that the flag covers the property, if one of them should remain neutral when the other shall be at war with a third Power, the goods covered by the neutral flag shall also be considered neutral, although they may belong to the enemies of the second, always excepting articles contraband of war.

It is also agreed that the liberty of the flag secures that of the persons who may be on board of a neutral vessel; so that, although they may be enemies of one or the other party, they cannot be made prisoners, unless they be soldiers in the actual service of the enemy.

As a consequence of the same principle concerning the assimilation of the flag and the goods, the neutral property that is found on board of an enemy's vessel, shall be considered as belonging to the enemy, unless they should have been shipped before the declaration of war, or before the notice thereof had reached the port from whence they came. The two Contracting Parties will not apply this principle with regard to other nations, except with those which also recognize the same.

ART. 23. Under the denomination of contraband of war are comprised: powder, saltpetre, petards, matches, balls, bombs, grenades, carcases, pikes, halberds, swords, belts, pistols, pistol-holsters, saddles, and equipments for cavalry, cannons, mortars, their carriages, and beds, and generally every kind of arms, ammunitions of war, and instruments fit for the use of troops, and also provisions if destined for blockaded ports.

All these articles, if destined to any hostile port, shall be declared ipso facto contraband and liable to confiscation; but the vessel in which they are shipped, and the rest of the cargo, shall be considered free and in no way be liable to confiscation on account of the other prohibited effects, whether they belong to the same owner or to a different one.

ART. 24. [Supra, No. 74, Art. 19.]

PAR. 25. Although one of the two Contracting Parties should be at war, with another nation, the citizens of the party that shall have remained neutral, may continue their navigation and commerce with the same nation, excluding those cities and ports which are actually besieged or blockaded. It is to be understood that this liberty of trading and navigation does not extend to those articles declared contraband of war in Article XXIII. of the present Treaty.

In no case can a merchant-vessel, belonging to citizens of one of the two States, which may be despatched for a port blockaded by the other, be taken, detained, or condemned, unless the fact of the blockade has been previously notified by a vessel of the squadron or blockading division; and to prevent ignorance of the fact being alleged, and in order that the vessel may be seized, which having been duly informed has notwithstanding endeavoured to enter the port during the blockade, the commander of the man-of-war, who visits the same, shall note on the ship's papers, and likewise on his own, the place or the latitude where they met and where the notification was made.

EDITOR'S NOTE.—Identical provisions are contained in the treaty between Spain and Sicily, March 26, 1856, article 22.

ART. 26. [Supra, No. 12, Art. 20.]

ART. 27. And, in order to adopt proper measures in regard to the vessel and the cargo, as well as to prevent theft, it has been agreed that it shall not be allowable to remove from any captured vessel the captain, commander, or supercargo thereof, while the vessel remains at sea, after its capture, or while the proceedings against it are pending, or against its cargo, or anything concerning it.

And in all cases in which a vessel belonging to citizens of either party may be captured, embargoed, or retained by adjudication, those employed in her, her passengers and crew, shall be treated with benevolence and courtesy, and they shall not be deprived of their clothes nor of the possession and use of their money.

EDITOR'S NOTE.-Identical provisions are contained in the treaty between Spain and Sicily, March 26, 1856, article 24.

ART. 28. [Supra, No. 12, Art. 22.]

ART. 29. No foreign privateer having letters of marque from a Prince or State, hostile to one of the Contracting Parties, shall be allowed to fit out his vessels in the ports of the other nation, nor to sell his prizes or exchange them in any manner whatsoever; neither shall he purchase provisions there, except the necessaries for his voyage to the nearest port of the Prince or State that has granted his letters of marque.

EDITOR'S NOTE.-Identical provisions are contained in the treaty between Spain and Sicily, March 26, 1856, article 26.

No. 92

GREECE AND TURKEY

Treaty of Commerce and Navigation, signed at Canlidgía, May 27, 1855; ratifications exchanged at Canlidgia, May 27, 1855.

Text from 56 British and Foreign State Papers, page 1381.

ART. 18. [Supra, No. 76, Art. 14.]

ART. 19. Il est convenu qu'aucun bâtiment ennemi ne pourra s'équiper ni s'armer dans les ports et échelles de l'une ou de l'autre des deux Hautes Parties Contractantes.

No. 93

PRUSSIA AND MEXICO

Treaty of Friendship, Commerce, and Navigation, signed at Mexico, July 10, 1855; ratifications exchanged at Mexico, December 31, 1855. Text from 48 British and Foreign State Papers, page 1267.88

ART. 7. The two High Contracting Parties acknowledge as an invariable principle that the flag covers the merchandize: that is to say, that goods and merchandize belonging to subjects or citizens of a Power which is at war, are free from capture or confiscation when they are on board neutral vessels, excepting contraband of war; and that the property of neutrals found on board a hostile vessel, is not subject to confiscation unless it be contraband of war.

EDITOR'S NOTE.-Identical provisions are contained in the following treaties:

Sardinia and Mexico, August 1, 1855, article 7.
Italy and Mexico, December 14, 1870, article 20.

ART. 13. [Supra, No. 72, Art. 12.]

No. 94

ARGENTINA AND CHILE

Treaty of Peace, Friendship, Commerce, and Navigation, signed at Santiago, August 30, 1855; ratifications exchanged at Santiago, April 29, 1856.

Text from 49 British and Foreign State Papers, page 1200.

ART. 19. [Supra, No. 74, Art. 17.]

ART. 20. [Supra, No. 74, Art. 18.]

ART. 21. In case one of the Contracting Republics should be at war with another nation, the citizens of the other Republic can continue their trade and naval intercourse with it, except in the towns and ports actually besieged or blockaded, it being understood that this liberty does not include the articles called contraband of war, or employed for it.

It is likewise to be understood, that a port is recognized as being blockaded only when there is in front of it a warlike force sufficient to maintain the blockade, and to notify the state of blockade to any vessel that intends entering it.

No. 95

SPAIN AND SICILY

Treaty of Commerce and Navigation, signed at Naples, March 26, 1856; ratifications exchanged at Naples, July 4, 1856.

Text from 48 British and Foreign State Papers, page 1278.

ART. 18. [Supra, No. 74, Art. 17.]

ART. 19. [Supra, No. 12, Art. 14.]

ART. 20. Under the denomination of contraband of war are comprehended gunpowder, saltpetre, petards, matches, balls, bombs, grenades, carcasses, pikes, 88 Also in 16 Martens, Nouveau recueil général des traités, Pt. II, p. 246.

halberds, swords, belts, muskets, pistols, saddles and harness for horses, cannon, mortars, their carriages and beds, troops of all arms, and in general every kind of armament, munitions of war, and instruments fit for the use of troops, as well as provisions, when intended for blockaded ports. All these articles, provided they are intended for any hostile port, shall, from the mere fact, be declared contraband, and subject to confiscation; but the vessel in which they are embarked, and the rest of the cargo, shall be considered free, and shall in no way be subject to confiscation on account of the other prohibited goods, whether they belong to the same owner or to another; nor shall the vessel be detained or hindered from continuing her voyage.

ART. 21. [Supra, No. 74, Art. 19.]
ART. 22. [Supra, No. 91, Art. 25.]
ART. 23. [Supra, No. 12, Art. 20.]
ART. 24. [Supra, No. 91, Art. 27.]
ART. 25. [Supra, No. 12, Art. 22.]
ART. 26. [Supra, No. 91, Art. 29.]

No. 96

MULTIPARTITE

Declaration Respecting Maritime Law (Declaration of Paris), signed at Paris, April 16, 1856; ratifications exchanged at Paris, April 29, 1856.

Text from 2 Hertslet, Map of Europe by Treaty, page 1282.89

EDITOR'S NOTE. This declaration was signed originally by Austria, France, Great Britain, Prussia, Russia, Sardinia, and Turkey. According to available information, the following states adhered subsequently to the declaration: Anhalt-Dessau-Coethen, Argentine Confederation, Bavaria, Belgium, Brazil, Bremen, Brunswick, Denmark, Ecuador, Frankfort, Germanic Confederation, Greece, Guatemala, Hamburg, Hanover, Haiti, Hesse-Cassel, Hesse-Darmstadt, Lubeck, Mecklenburg-Schwerin, Mecklenburg-Strelitz, Modena, Nassau, Netherlands, New Granada, Oldenburg, Parma, Peru, Portugal, Roman States, Saxe-Altenburg, Saxe-CoburgGotha, Saxe-Meiningen, Saxe-Weimar, Saxony, Sicily, Sweden and Norway, Switzerland, Tuscany, Wurtemberg.

Uruguay has given its assent to the four principles of the declaration, subject to ratification by the legislature. Spain and Mexico, without acceding to the declaration, on account of the first point, have replied that they approve the other three principles.

The United States expressed willingness to adhere provided that the abolition of privateering is amended to the effect that private property of belligerent nationals shall be exempt from capture on the high seas. For the diplomatic correspondence relating to the position taken by the United States see 7 Moore's Digest of International Law, page 563ff.

Text of the Declaration: Considering that maritime law, in time of war, has long been the subject of deplorable disputes;

That the uncertainty of the law and of the duties in such a matter, gives rise to differences of opinion between neutrals and belligerents which may occasion serious difficulties, and even conflicts;

That it is consequently advantageous to establish a uniform doctrine on so important a point;

That the plenipotentiaries assembled in congress at Paris cannot better respond to the intentions by which their Governments are animated, than by seeking to introduce into international relations fixed principles in this respect;

The above-mentioned plenipotentiaries, being duly authorised, resolved to concert among themselves as to the means of attaining this object; and, having come to an agreement, have adopted the following solemn declaration:

80 Also in 46 British and Foreign State Papers, p. 26, and in 15 Martens, Nouveau recueil général des traités, p. 791. 0048 British and Foreign State Papers, pp. 134-163; 7 Moore's Digest of International Law, p. 562.

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