Page:United States Statutes at Large Volume 18 Part 2c.djvu/631

 624 rustic rnnncriss. standing, and desiring, for the benefit of their respective commerce and that of other nations, to establish an uniform system of maritime legislation in time of war, in accordance with the present state of civilization, have resolved to declare, by means of a formal convention, the principles which the two Republics acknowledge as the basis of the rights of neutrals at sea, and which they recognize and profess as permanent and immutable, considering them as the_ true and indispensable conditions of all freedom of navigation and maritime commerce and trade. _ negotiators. For this purpose the President of the United States of America has conferred full powers on John Randolph Clay, their Envoy Extraordinary and Minister Plenipotentiary to the Government of Pern; and the Liberator President of the Republic of Peru has conferred like full powers on Don José Maria Seguin, Chief Officer of the Ministry of Foreign Affairs, in charge of that Department; Who, after having exchanged their said full powers, found to be in good and due form, have agreed upon and concluded the following articles:

Principles recognized.

The two high contracting parties recognize as permanent and immutable the following principles:

Rights of neutrals at sea.

1st. That free ships make free goods; that is to say, that the effects or merchandise belonging to a Power or nation at war, or to its citizens or subjects, are free from capture and confiscation when found on board of neutral vessels, with the exception of articles contraband of war.

Rights of neutral property on enemies' ships.

2d. That the property of neutrals on board of an enemy's vessel is not subject to detention or confiscation, unless the same be contraband of war; it being also understood that, as far as regards the two contracting parties, warlike articles destined for the use of either of them shall not be considered as contraband of war.

The two high contracting parties engage to apply all these principles to the commerce and navigation of all Powers and States as shall consent to adopt them as permanent and immutable. `

,,,.,,;,,1,, I XI L It is hereby agreed between the two high contracting parties that the treaty of 1851, an- provisions contained in article twenty-second of the treaty concluded ¤¤ll¤d- between them at Lima on the twenty-sixth day of July, one thousand [866 1>·618·] eight hundred and fifty-one, are hereby annulled and revoked, in so far as they militate against or are contrary to the stipulations contained in this convention; but nothing in the present convention shall in any manner affect or invalidate the stipulations contained in the other articles of the said treaty of the twenty-sixth of July, one thousand eight hundred and ilfty-one, which shall remain in their full force and effect.

,4;,,,,;;,,,,;,;,,,, md The two high contracting parties reserve to themselves to come to an oxtomiouofsrticlo ulterior understanding, as circumstances may require, with regard to Y· the application and extension to be given, if there be any cause for it, to the principles laid down in the first article; but they declare from this time that they will take the stipulations contained in the said article as a rule, whenever it shall become a question, to judge of the rights of neutrality.

Accession to It is agreed between the two high contracting parties that all nations rules by other na- which shall consent to accede to the rules of the first article of this con- the rights resulting from such accession as they shall be enjoyed and
 * °“°· vention by a formal declaration, stipulating to observe them, shall enjoy