Page:United States Statutes at Large Volume 18 Part 2c.djvu/114

 CHILI, 1832. 107 Aivrromc XII. It shall be lawful for the citizens of the United States of America and Neutral trade. of the Republic of Chili to sail with their ships, with all ma.nner 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 hereafter 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 enemies of both or either party, without any opposition or disturbance whatsoever, not only directly 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 the one power or under several. And it is Free ships make hereby stipulated that free ships shall also give freedom to goods, and me s'<><><i¤- that every thing shall be deemed to be free and exempt which shall be found on board the ships belonging to the citizens of either of the contracting parties, although the whole lading, or any part thereof, should appertain to the enemies of either, contraband goods being always excepted. It is also agreed, in like manner, that the same liberty be extended to persons who are on board a free ship, with this eifect, that although they be enemies to both or either, they are not to be taken out of that hee ship unless they are officers or soldiers, and in the actual service of the enemies: Provided, however, and it is hereby Lammtgon of the agreed, that the stipulations in this article contained, declaring that principle. the Hag shall cover the property, shall be understood as applying to those powers only who recognize the principle; but if either of the two contracting parties should be at war with a third, and the other neutral, the flag of the neutral shall cover the property of enemies whose Governments acknowledge this principle, and not of others. Aarrom XIII. It is likewise agreed that in the case where the neutral Hag of one of Neutralpreporty the contracting parties shall protect the property of the enemies of the $‘_;ss‘5‘“'d °”°'“Y “ other, by virtue of the above stipulation, it shall always be understood ‘ that the neutral property found on board such ene1ny’s vessels 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 before the declaration of war, or even afterwards, if it were done without the knowledge of it; but the contracting parties agree that, four months having elapsed after the declaration, 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 casethe goods and merchandise of the neutral embarked in such enemy’s ship shall be free. Anrionn XIV. This liberty of commerce and navigation shall extend to all kinds of Contmbaud artimerchandises, excepting those only which are distinguished by the name °l°°· of contraband, and under this name of contraband, or prohibited goods, shall be comprehended- .1st. Cannons, mortars, howitzers, swivels, blunderbusses, muskets, fuzees, rifles, carbines, pistols, pikes, swords, sabres, lances, spears, halberds, and grenades, bombs, powder, matches, balls, and all other things belonging to the use of these arms. 2. Bucklers, helmets, breastplates, coats of mail, infantry belts, and clothes made up in the form and for a military use. 3. Cavalry belts, and horses with their furniture. _ 4. And generally all kinds of arms and instruments of iron, steel, brass, and copper, or of any other materials manufactured, prepared, and iormed expressly to make war by sea or land.