Page:United States Statutes at Large Volume 18 Part 2c.djvu/198

 ECUADOR, 1839. 19] Anrrcrn XVI. It is likewise agreed, that in the case where the neutral {lng of one of, N¤¤tr=l·r>r<>r·¤rts* the contracting parties shall protect the property of the enemies of the °“ °“°‘“l"°’ ""“”l· other, by virtue of the above stipulations, it shall always be understood that the neutral property found on board such enemy’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 six months having elapsed after the declaration, their citizens shall notplead ignorance thereof'. On the contrary, if the ling of the neutral does not protect the .enemy’s property, in that case, the goods and mcrchandises of the neutral, embarked in such enemy’s ship, shall be free. Anrrcru XVII. This liberty of navigation and commerce shall extend to all kinds of Contrahand artimerchandise, excepting those only which are distinguished by the name GM- of contraband; and under this name of contraband or prohibited goods shall be comprehended : 1st. Cannons, mortars, howitzers, swivels, blunderbusses, muskcts, fusees, rifles, carhines, pistols, pikes, swords, sabres, lances, spears, halberds, and grenades ; bombs, powder, matches, balls, and all other things belonging to the use of these arms. 2nd. Bucklers, helmets, breastplates, coats of mail, infantry belts, and clothes made up in military form, and for military use. 3rd. Cavalry belts, and horses with their furniture. 4th. And, generally, all kinds of arms and instruments of iron, steel, brass, and copper, or of any other materials manufactured, prepared, and formed expressly to make war, by sea or land. ARTICLE XVIII. All other merchandises and things not comprehended in the articles of Goods not coucontraband explicitly enumerated and classified as above shall be held and ¤‘¤l>¤¤<l· considered as tree, and subjects of tree and lawful commerce, so that they may be carried and transported in the freest manner, by the citizens of both the contracting parties, even to places belonging to an enemy, excepting only those places which are, at that time, besieged or blockaded; and D•¤li¤i¢i¤¤ of • to avoid all doubt in tl1is particular, it is declared that those places only m°°"“‘l°· are besieged or blockaded which are actually attacked by n. belligcrent force capable of preventing the entry of a neutral. Am·xc1.1¤ XIX. The articles of contraband before enumerated and classified, which _C<>¤tr¤h¤¤<l pvly may be found in a vessel bound for an enemy’s port, shall be subject to $21** *° °°“““°“' detention and confiscation, leaving tree the rest of the cargo and the ' ship, that the owners may dispose of them as they may see proper. No vessel of either of the two nations shall be detained on the high seas on account-of having on board articles of contraband, whenever the master, captain, or supercargo of said vessel will deliver up the articles of contraband to the captor, unless the quantity of such articles be so great, or of so large a bulk, that they cannot be received on board the capturing ship without great inconvenience; but in this and in all other cases of just detention, the vessel detained shall be sent to the nearest convenient and safe port, for trial and judgment, according to law. Anrrrcrm XX. And whereas it frequently happens that vessels sail for a port or » Blockmleu ports. places belonging to an cnemy,~without knowing that the same is be-