Page:United States Statutes at Large Volume 18 Part 2c.djvu/92

 BRAZIL, 1828. 85 Anrrcnn XV. It is likewise agreed that, In the case where the‘neutral iiagof one,of Neutral dags. the contracting parties shall protect the property“ot‘ the enemies of the other, by virtue of the above stipulation, it shall always be understood that the neutral property found on board such enen1y’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 onboard 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, four months having elapsed after the declaration, their citizens shall notplead ignorance thereof. On the contrary, if the flag of the neutral does not protect the enemy’s property, in that case the goods gud merchandise of the neutral embarked in such enemy’s ship shall be ree. Anrronn XVI. This liberty of commerce and navigation shall extend to all kinds of. c on nun an 41 merchandises, excepting those only which are distinguished by the name ”*i°1°¤.· of contraband; and under this name of contraband or prohibited goods shall be comprehended- 1st. Cannons, mortars, howitzers, swivels, blunderbusses, muskets, fuzees, rides, carbines, pistols, pikes, swords, sabres, lances, spears, halberds, and grenades, bombs, powder, matches, balls, and all other things belonging to the use of these arms. 2dly. Bucklers, helmets, breastplates, coats of mail, infantry belts, and clothes made up in the form and for a military use. 3dly. Cavalry belts and horses with their furniture. 4th1y. And generally all kinds 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. Anrxcnn XVII. All other merchandise and things not comprehended in the articles All ether merof contraband, expressly enumerated and classiiied as above, shall be °h**¤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 both the contracting parties, even to` places belonging to an enemy, excepting only those places which are at that time besieged or blookaded; and, to avoid all doubt in this particular, it is declared that those places 1),,;-;,,,,,,,,,, of only are besieged or blockaded which are actually attacked by a force blockade. capable of preventing the entry of the neutral. Aarronn XVIII. The articles of contraband, before enumerated and classified, which Seizures and demay be found in a vessel bound for an enemy’s port, shall be subject to *¤¤¤¤¤· detention and confiscation, leaving freethe rest of the cargo and the ship, that the owners may dispose of them as they see proper. No ves~ sel of either of the two nations shall be detained on the high seas on account of having on board articles of contraband, whenever the master, captain, or supercargo of said vessels will deliver up the articles of coutraband to the captor, unless the quantity of such articles be so great and of so large a bulk that they cannot be received on board the capturing ship without great inconvenience; but in thi and all the other cases of just detention the vessel detained shall be sent to the nearest convenient and safe port for trial and judgment, according to law. Anrrcnm XIX. And whereas it frequently happens that vessels sail to a port or a 3;,,,,;,,,,,,;,,,; 1mm_ place belonging to an enemy, without knowing that the same IS be-