Page:United States Statutes at Large Volume 18 Part 2c.djvu/732

 SWEDEN, 1783. 725 ticularly mentioned in the foregoing article, so that they shall not by any pretended interpretation be comprehended among prohibited or contraband goods. On the contrary, they may be freely transported by the subjects of the King and of the United States, even to places belonging to an enemy, such places only excepted as are besieged, blocked, or invested; and those places only shall be considered as such which are nearly surrounded by one of the belligerent powers. Anrronm XI. In order to avoid and prevent on both sides all disputes and discord, Bo a-letters or it is agreed that, in case one of the parties shall be engaged in a war, 1’“°P°"*°-_ the ships and vessels belonging to the subjects or inhabitants of the [s°° A"**°l°XIk other shall be furnished with sealetters or passports, expressing the c°f°18§6{,°j"I name, property, and port of the vessel, and also the name and place of treaty of 1827, pp: abode of the master or commander of the said vessel, in order that ·it 735, 741-] may thereby appear that the said vessel really and truly belongs to the subjects of the one or the other party. These passports, which shall be drawn up in good and due form, shall be renewed every time the vessel returns home in the course of the year. It is also agreed that the said vessels, when loaded, shall be provided not only with sea-letters, but also with certiiicates containing a particular account of the cargo, the place from which the vessel sailed, and that of her destination, in order that it may be known whether they carry any of the prohibited or contraband merchandizes mentioned in the 9th article of the present treaty; which certificates shall be made out by the officers of the place from which the vessel shall depart. Anrrcnn XII. Although the vessels of the one and of the other party may navigate Ships iv exhibit freely and with all safety, as is explained in the 7th article, they shall, 5‘;fgft‘;’“ °"d °°" nevertheless, be bound, at all times when required, to exhibit, as well S xw. 1 XH on the high sea as in port, their passports and certificates above men- ,,£a,;,°,,f 1§°1§,,,,({ tioned ; and, not having contraband merchandize on board for an ene- ,4,-;,1,,1., xvir, my’s port, they may freely and without hindrance pursue their voyage treaty of 1827, Pvto the place of their destination. Nevertheless, the exhibition of papers 7**7*1-] shall not be demanded of merchant-ships under the convoy of vessels of war, but credit shall be given to the word of the officer commanding the convoy. Anrrcmu XIH. lf on producing the said certificates it be discovered that the vessel C°¤i1•°¤*i°¤ °f carries some of the goods which are declared to be prohibited or contra- °°“"`“l"""l g°°°“‘ band, and which are consigned to an enemy’s port, it shall not however h§£°°,$.":g’}§ QQ be lawful to break up the hatches of such ships, nor to open any chest, A, J ,,1 O Xin, coffers, packs, casks, or vessels, nor to remove or displace the smallest treaty or 1827, pp. part of the merchandizes, until the cargo has been landed in the pres- 735,741-] ence of officers appointed for the purpose, and until an inventory thereof has been taken ; nor shall it be lawful to sell, exchange or alienate the cargo or any part thereof, until legal process shall have been had against the prohibited merchandizes, and sentence shall have passed declaring them liable to confiscation, saving nevertheless as well the ships themselves, as the other merchandizes which shall have been found therein, which by virtue of this present treaty are to be esteemed free, and which are notto be detained on pretence of their having been loaded with prohibited merchandize, and much less confiscated as lawful prize. And in case the contraband merchandize be only apart of the cargo, and the master of the vessel agrees, consents, and offers to deliver them to the vessel that has discovered them, in that case the latter, after receiving the merchandizes which are good prize, shall immediately let the vessel go, and shall not by any means hinder her from pursuing her voyage to