Page:United States Statutes at Large Volume 10.djvu/938

 894 TREATY WITPI SAN SALVADOR, JAN. 2, 1850. that in so doing they observe the decorum due to divine worship, and the respect due to the laws, usages, and customs of the country. Liberty Rightofburiai. shall also be granted to bury the citizens of the United States who may die in the territories of the Republic of San Salvador, in convenient and adequate places to be appointed and established for that purpose, with the knowledge of the local authorities, or in such other places of sepulture-as may be chosen by the friends of the deceased; nor shall the funerals or sepulchres of the dead be disturbed in anywise, nor upon any account. In like manner, the citizens of San Salvador shall enjoy within the government and territories of the United States a perfect and unrestrained liberty of conscience, and of exercising their religion, publicly or privately, within their own dwelling—houses, or on the chapels and places of worship appointed for that purpose, agreeably to the laws, usages, and customs of the United States. Aarrcmc 15. It shall be lawful for the citizens of the United States. Commerce in of America and of the Republic of San Salvador to sail with their ships, Uma of WM 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 shall be at enmity with either of the contracting parties. It shall likewise be lawful for the citizens aforesaid to sail with the ships and merchandise before mentioned, and to trade with the same liberty and security, from the places, ports, and havens of those who are the enemies of both or either party, without any opposition or disturbance whatsoever, not only from the places of the enemy before mentioned 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 under several. And it is hereby stipu- Free shipsm lated that free ships shall also give freedom to goods, and that every ' of either of the contracting parties shall be deemed to be free and exempt although the whole lading, or any part thereof, should appertain _ _ to the enemies of either, (contraband goods being always excepted.) vig;':*;:'t(l’*°;r_ It is also agreed, in like manner, that the same liberty shall be extend- ,,0,,,_ P ed to persons who are on board a free ship, with this effect ; that altho’ they be enemies to both or either party, they are not to be taken out of that free ship, unless they are officers and soldiers, and in the actual service of the enemies; provided, however, and it is hereby agreed, that the stipulations in this article contained, declaring that the Hag shall cover the property, shall be understood as applying to those powers only Limitation of who recognize this principle; but if either of the two contracting parties tha P*`l¤°‘Pl°· shall be at war with a third, and the other remains neutral, the flag of the neutral shall cover the property of enemies whose governments acknowledge this principle, and not of others. Enemyu ship Anrxern 16. It is likewise agreed, that in the case where the neutral gm p ’ of the enemies of the other by virtue of the above stipulation, it shall always be understood that the neutral property found on board such enemy’s vessel shall be held and considered as enemy’s property, and as such shall be liable to detention and confiscation, except such property as was put on board such vessel betbre the declaration of war, or even afterwards, if it were done without the knowledge of it; but the contracting parties agree that, two months having elapsed after the declaration of war, their citizens shall not plead ignorance thereof. On the contrary, if the flag of the neutral does not protect the enemy’s property, in that case the goods and merchandise of the neutral embarked on such enemy’s ships shall be free. D•€¤i*¤i¤¤ of ARTICLE 17. This liberty of navigation and commerce shall extend °°°m*b”d‘ to all kinds of merchandise, excepting those only which are distinguished
 * £g·k° fm S°°dS» thing which shall be found on board the ships belonging to the citizens
 * ‘;;‘£k;)fj;‘:“€Y’“ flag of one of the contracting parties shall protect the property of one