Page:United States Statutes at Large Volume 10.djvu/940

 896 TREATY WITH SAN SALVADOR, JAN. 2, 1850. the commanders of private armed vessels shall, before receiving their commissions, give sufficient security to answer for all the damage they may commit. And it is expressly agreed that the neutral party shall in no case be required to go on board the examining vessel for the purpose of exhibiting her papers, or for any other purpose whatever. S,,,_;£,tm,,, Amicnn 22. To avoid all kinds of vexation and abuse in the exatime of war- mination of the papers relating to the ownership of the vessels belonging to the citizens of the two contracting parties, they have agreed, and do hereby agree, that in case one of them should be engaged in war, the ships and vessels belonging to the citizens of the other must be furnished with sea·letters or passports expressing the name, property, and bulk of the ship, as also the name and place of habitation of the master and commander of the said vessel, in order that it may thereby appear that the ship really and truly belongs to the citizens of one [of] the parties. Cm-t55cm8S They have likewise agreed that when such ships have a cargo, they shall of ¤¤1‘g<>· also be provided, besides the said sea-letters or passports, with certificates containing the several particulars of the cargo and the place whence the ship sailed, so that it may be known whether any forbidden or contraband goods are on board the same, which certificates shall be made out by the officers of the place whence the ship sailed, in the accustomed form; without which requisites said vessel may be detained to be adjudged by the competent tribunal, and may be declared lawful prize, unless the said defect shall be proved to be owing to accident, and shall be satisfied or supplied by testimony entirely equivalent. No Search i,, Anricnm 23. It is further agreed that the stipulations above exons of convoy. pressed, relative to the visiting and examination of vessels, shall apply only to those which sail without convoy; and when said vessels shall he under convoy, the verbal declaration of the commander of the convoy, on his word of honor, that the vessels under his protection belong to the nation whose flag he carries, and, when they may be bound to an enemy’s port, that they have no contraband goods on board, shall be sufficient. mn 0mm_ Anrxcnn 24. It is further agreed that in all cases the established courts for prize causes in the country to which the prizes may be conducted shall alone take cognizance of them. And whenever such tribunals of either party shall pronounce judgment against any vessel, or goods, or property, claimed by the citizens of the other party, the sentence or decree shall mention the reasons or motives upon which the same shall have been founded; and an authenticated copy of the sentence or decree, and of all the proceedings in the case, shall, if demanded, be delivered to the commander or agent of said vessel, without any delay, he paying the legal fees for the same. Hosti1itles_to ARTICLE 25. For the purpose of lessening the evils of war, the two l’;,§Q;‘;‘;,£}cg§}BbY high contracting parties further agree that in case a war should unfortu- §,,1y_ ’ nately take place between them, hostilities shall only be carried on by persons duly commissioned by the Government, and by those under their orders, except in repclling an attack or invasion, and in the defence of property. Letter of Anrroizn 26. lVhenever one of the contracting parties shall be en- Qdgglgsaggl °°m‘ gaged in war with another state, no citizen of the other contracting party shall accept a commission or letter of marque for the purpose of assisting or cooperating hostilely with the said enemy against the said parties so at war, under the pain of being treated as a pirate. ln_caso of war ARTICLE 27. If by any fatality, which cannot be expected, and God l°`$‘;K§;g:7£"`0f forbid, the two contracting parties should be engaged in a war with each m°mh,mdiS0_ other, they have agreed, and do agree, now for then, that there shall be allowed the term of six months to the merchants residing on the coasts and in the ports of each other, and the term of one year to those who dwell in the interior, to arrange their business and transport their effects wherever. they please, giving to them the safe conduct necessary for it,