Page:United States Statutes at Large Volume 18 Part 2c.djvu/561

 554 PUBLIC TREATIES. that although they be enemies to both or either party, they are not to be taken out_of that free ship unless they are officers and soldiers, and Limitation of the in the actual service of the enemies: Provided, however, audit is hereby P”i¤°*P1°· agreed, that the stipulations in this article contained, declaring that the iiag shall cover the property, shall be understood as applying to those powers only who recognize this principle ; lbut 1f either of the two contracting parties shall be at war with a third, and the other remains neutral, the flag of the neutral shall cover the property of enemies whose governments acknowledge this principle, and not ot others. Anctionn XVI. Neutral property It is likewise agreed that, in the case where the neutral flag of one of ¤¤ ¤¤¤¤¤y’¤ V•¢S¤¤1¤- the contracting parties shall protect the properl y of the enemies of the other, by virtue of the above stipulation, 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, two months having elapsed after the declaration of war, their citizens shall not plead ignorance thereof. On the contrary, if the iiag of the neutral does not protect the enemy’s property, in that case the goods and merchandise of the neutral embarked on such enemy’s ship shall be tree. . Antricrn XVII. C on t r ab an d This liberty of navigation and commerce shall extend to all kinds of ¤F¤i<>l¤¤~ merchandise, excepting those only which are distinguished by the name of contraband ; and under this name of contraband, or prohibited goods, shall be comprehendedlst. Cannons, mortars, howitzers, swivels, blunderbusses, muskets, rifles, carbines, pistols, pikes, swords, sabres, lances, spears, halberds, and grenades, bombs, powder, matches, balls, and all other things belounging to the use of these arms. · 2d. Bucklers, helmets, breast-plates, coats of mail, infantry belts, and clothes made up in the form and for the military use. 3d. Cavalry belts, and horses with their furniture. 4th. And generally all kind 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. · 5th. Provisions that are imported into a besieged or blockaded place. Ancrrorn XVIII. Article; not con. All other merchandise, and things not comprehended in the articles of tmbund. contraband, explicitly enumerated and classified as above, shall be held and considered as free, and subjects of free 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 en_emy, excepting those places only which are at that time besieged or blockaded; and, to avoid all doubt in this particular, it is declared that those places only are besieged or blockaded which are actually attackpd by a belligerent force capable of preventing the entry of the neutra. Anrrcnn XIX. Captured vessels The articles of contraband, before enumerated and classified, which 1**6;** d‘"*h °°°· may be found in a vessel bound for an enemy’s port, shall be subject to m °'° ‘ detention and confiscation, leaving free the rest of the cargo and FM ship, that the owners may dispose of them as they see proper. No vessel of either of the two nations shall be detained on the high seas 0!1