Page:United States Statutes at Large Volume 18 Part 2c.djvu/450

 ITALY, 1871. 443 prietors of the merchandise laden thereon, from an rt of those who now are, or hereafter shall be, at enmity Iwfithtgitalilsrliitgtlig 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, porits and havens of those who are enemies of both or either party without any opposition or disturbance whatever, 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 one Power or under several ; and it is F M ¤l*lP¤ m•k° hereby stipulated that tree ships shall also give freedom to goods, and f'°° U°°d“• that everything shall be deemed to be free and exempt from capture ‘ 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 the other, contraband goods being always excepted. It is also agreed, in like manner, that the same liberty be extended to persons who are on board of a free ship; and they shall not be taken out of that free ship unless they are ofdcers or soldiers, and in the actual service of the enemy : Provided, however, and Limitatio u o t it is hereby agreed, that the stipulations in this article contained, de- *h° P**¤°lP1°· claring that the ilag shall cover the property, shall be understood as applying tothose Powers only who recognize this principle, but if either of the two contracting parties shall 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. Anrxoma XVII. All vessels sailing under the dag of the United States, and furnished N=**¤¤¤li*Y °f with such papers as their laws require, shall be regarded in Italy as '°°“1'· vessels of the United States, and, reciprocally, all vessels sailing under the dag of Italy, and furnished with the papers which the laws of Italy require, shall be regarded in the United States as Italian vessels. Anrxonn XVHI. In order to prevent all kinds of disorder in the visiting and examine- E¤¤¤·i¤¤·*¤i¤¤_ ¤f tion of the ships and cargoes of both the contracting parties on the high we °“ “"’ hgh seas, they have agreed, mutually, that whenever a vessel of war shall ' meet with a vessel not of war of the other contracting party, the first shall remain at a convenient distance, and may send its boat, with two or three men only, in order to execute the said examination of the papers, concerning the ownership and cargo of the vessel, without causing the least extortion, violence, or ill-treatment ; and it is expressly agreed that the unarmed party shall in no case be required to go on board the examining vessel for the purposeof exhibitinghis papers, or for any other purpose whatever. Anrrcnn XIX.. It is agreed that the stipulations contained in the present treaty Vessels u n d or relative to the visiting and examining of a vessel shall apply only to °°¤"°Y- those which sail without a convoy ; and when said vessels shall be 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 ilag he carries, and when bound to an enemy’s port, that they have no contraband goods on board, shall be sufllcient. Ancriorn XX. In order etfectually to provide for the security of the citizens and Ligbility of iccmi subjects of the contracting parties, it is agreed between them that all Q3? °”°P°° commanders of ships of war of each party, respectively, shall be strictly '