Page:United States Statutes at Large Volume 18 Part 2c.djvu/798

 VENEZUELA, 1836. 7 9] appertain 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 edect, 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 or soldiers and in the actual service of the enemies. Provided, however, and it is hereby Limitation ,,:;,1,., agreed, that the stipulations in this article contained, declaring that the principle. ilag shal[l] cover the property, shall be understood as applaying to those Powers only who recognise 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. Anrronn XVI. It is likewise agreed, that in the case where the neutral flag of one of N°¤¤‘¤lP*°P°**>' the contracting parties shall protect the property of the enemies of the °“ °“°"‘y “ "'"’°I°‘ other, by virtue of the above stipulations, 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, their citizens shall not plead ignorance thereofl On the contrary, if the flag of the neutral does not protect the enemy’s property, in that case, the goods and merchandizes of the neutral, embarked in such enemy’s ship, shall be free. Anrronn XVII. This liberty of navigation and commerce shall extend to all kinds of ,C°"“`“"““d “‘*" merchandise, excepting those only which are distinguished by the name ° °°' of contraband; and under this name of contraband or prohibited goods shall be comprehended : 1st. Cannons, mortars, howitzers, swivels, blunderbusses, muskets, fusees, rifles, carbines, pistols, pikes, swords, sahres, lances, spears, halberds, and grenades, bombs, powder, matches, balls, and all other things belonging to the use of these arms. 2d. Bucklers, helmets, breastpleates, coats of mail, infantry-belts, and clothes made up in the form and for 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 materials, manufactured, prepared, and form[ed] expressly to make war by sea or land. Anmcnn XVIII. All other merchandises and things not comprehended in the articles Goods not coeof contraband explicitly enumerated and classified as above shall be ”'“l"“*d- 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 only those places 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 attacked by a belligerent force capable ·of preventing the entry of the neutral. Amucnn XIX. The articles of contraband before enumerated and classified, which C¤¤fi¤¤¤·¤i¤¤ ¤_' may be found in a vessel bound for an euemy’s port, shall be subject to gf:_;’“°"“d ° ‘ ° " detention and confiscation, leaving free the rest of the cargo and the