Page:United States Statutes at Large Volume 18 Part 2c.djvu/686

 SAN SALVADOR, 1850. 679 be free and exempt, although the whole lading, or any part thereof should appertaiu to the enemies of either, (contraband goods being always excepted.) It is also agreed, in like manner, that the same liberty shall be extended to persons who are on board a free ship, with this effect; that altho’ 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 in the actual service of the enemies; provided, however, and it is hereby agreed, that Lim;;,,,,;,,,, of tb, the stipulations in this article contained, declaring that the dag shall principle. cover the property, shall be understood as applying to those Powers only_who recognize this principle; but if 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 of others. Antrrcnn XVI. It is likewise agreed that, in the case where the neutral flag of one of Nenuni pmpmy the contracting parties shall protect the property of one of the enemies °¤ °¤°¤Y’¤ WWI- of the other by virtue of the above stipulation, it shall always be understood that the neutral property found on board such enemy’s vessel shall be held and considered as enemy’s property, and as such shall be liable to detention and confiscationQ 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 dag 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 ships shall be free. Amsromn XVII. This liberty of navigation and commerce shall extend to all kinds of Contrahand smmerchandise, excepting those only which are distinguished by the name ¤1¤¤· of contraband; and under this name of contraband or prohibited goods shall be comprehended- _ Ist. Cannons, mortars, howitzers, swivels, blnnderbusses, muskets, rifles, carbines, pistols, pikes, swords, sa.bres,1ances, spears, halberts, hand-grenades, bombs, powder, matches, balls, and all other things belonging to the use of these arms. _ _ 2d. Bucklers, helmets, breastplates, 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 kinds of arms and instruments of iron, steel, brass, and copper, or of any other material manufactured, prepared, and formed expressly to make war by sea or land. _ 5th. Provisions that are imported into a besieged or blockaded place. Awrionn XVIII. All other merchandise and things not comprehended in the articles of Other goods free. 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 enemy, excepting those places only which are at that time besneged or blockoded; and, to avoid all doubt in this particular, it is declared that 1D leiudnition or those places only are besieged or blockaded which are actually attacked b °° °· by a belligerent force capable of preventing the entry of the neutral.