Page:United States Statutes at Large Volume 18 Part 2c.djvu/389

 382 PUBLIC TREATIES. neutral does not rotect the encmy’s property, in that case the goods and merchandisespof the neutral embarked in such enemy’s ship shall be free. Anrrcm XVI. - This libcrt * of navigation and commerce shall extend to all kinds oi cigmmband ml- merchandisesl, exceptihg those only which are distinguished by _¥l¤€· name of contraband; and under this name of contraband or prohibited goods shall be comprehended : __ lst. Cannons, mortars, howitzers, swivels, blunderbusses, muskets, fuzees, rides, earbines, pistols, pikes, swords, sabres, lances, spears, halberds, and grenades, bombs, powder, matches, balls, and all other things belonging to the use of these arms. _ _ 2dly. Bucklers, helmets, breast-plates, coats of mail, infantry belts, and clothes made up in the iorm and for a military use. 3dly. Cavalry belts, and horses with their furniture. _ 4th1y. And generally all kinds of arms and instruments of iron, steel, brass, and copper, or of any other materials manuiactu red, prepared, and formed expressly to make war by sea or land. Amicma XVII. q,,,,,;; cgugidgpgd All other merchandise and things not comprehended in the articles of as tree. contraband explicitly enumerated and classitied as above, shall be held and considered as free, and subjects of tree and lawful commerce, so that they may be carried and transported in the freest manner, by 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,.,;,,,,,;,,,, of to avoid all "doubt in this particular, it is declared that those places blockade. only are besieged or blockaded which are actually attacked by a belligerant force capable of preventing the entry of the neutral. Aeriom XVIII. C,,,,,,,,,,,,,,,,, ,,,· The articles of "contraband before enumerated andelassiiied which ¢·ontmho.m1 goods. may be found in a vessel bound for an enemy’s port, shall be subject to detention and confiscation, leaving free the rest of the cargo and the ship, that the owners may dispose of them as they see proper. No ves~ sel of either of the two nations shall be detained ou the high seas on account of having ou 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 and of so large a bulk that they cannot be received on board the cap— turing 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. Aivrxcnn XIX. mockmed 1,,,,,,, And whereas it frequently happens that vessels sail for a port or place belonging to an enemy without knowing that the same is besieged, blockaded, or invested, it is agreed that every vessel so circumstanced may be turned away from such port or place, but shall not be detained ; nor shall any part of her cargo, if not contraband, be confiscated, unless, after warning of such blockade or investment from the commanding officer of the blockading forces, she shall again attempt to enter; but she shall be permitted to go to any other port or place she shall think proper. Nor shall any vessel of either of the parties, that may have entered into such port or place before the same was actually besieged, blockadcd, or invested by the other, be restrained from quitting such place with her cargo ; nor, it' found therein after the reduction and surrender, shall such vessel or her cargo be liable to confiscation, but they shall be restored to the owners thereof.