Page:United States Statutes at Large Volume 8.djvu/406

 394 TREATY WI'I‘H BRAZIL. 1828. ARTICLE XVI. Cgmmbjmd This liberty of commerce and navigation shall extend to all kinds of
 * ¤¤d¤. what- merchandizes, excepting those only which are distinguished by the name

of contraband; and under this name of contraband, or prohibited goods, shall be comprehended- Ist. Cannons, mortars, howitzers, swivels, blunderbusses, muskets, fuzees, rifles, carbines, pistols, pikes, swords, sabres, lances, spears, halberds, and grenades, bombs, powder, matches, balls, and all other thin belonging to the use of these arms : Zdfy. Bucklers, helmets, breast-plates, coats of mail, infantry belts; and clothes made up in the form, and for a military use. Bdly. Cavalry belts and horses with their furniture; 4thly. 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. ARTICLE XVII. All ,,,h,,,,m,_,,_ All other merchandize and things not comprehended in the articles chandise free. of contraband, expressly 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 both the contracting parties, even to places belonging to an enemy, excepting only those places which are at that time besieged or blockaded; B]°ckude’ and to avoid all doubt in this particular, it is declared, that those places wha:. only are besieged or blockaded, which are actually attacked by a force capable of preventing the entry of the neutral. ARTICLE XVIII. ,,,,,1 The articles of contraband, before enumerated and classified, which goods subjmgo may be found in a vessel bound for an enemy’s port, shall be subject to ¤0¤6¤¤¤li¤¤· detention and confiscation, leaving free the rest of the cargo and the vase; not to ship, that the owners may dispose of them as they see proper. N o vessel be dawincd. of either of the two nations shall be detained on the high seas, on ac- “"i°“’· &°· count of having on board articles of contraband, whenever the master, captain or supercargo of said vessels, will deliver up the articles of contraband 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 inconvcnience: but in this 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. ARTICLE XIX. Nom, of And whereas it frequently happens that vessels sail for a port or a blockade to be place belonging to an enemy, without knowing that the same is be- !\'*¤¤· &·¤- ieged, blockaded, or invested, it is agreed that every vessel so circumstanced, may be turned away from such port or place, but shall not be detained, nor shall any part of her cargo, if not contraband, be confiscated, unless, after warning of such blockade or investment from any officer commanding a vessel of the blockading forces, she shall again attempt to enter; but she shall be permitted to go to any other port or 1,-,,,,, ,,,,,0,,,, place she shall think proper: Nor shall any vessel of either that may allowed in cer-. have entered into such port before the same was actually besieged, lm ¤¤¤·>¤· blockaded, or invested by the other, be restrained from quitting such place with her cargo, nor if found therein, after the reduction and surrender, shall such vessel or her cargo, be liable to confiscation, but they shall be restored to the owners thereof And if any vessel having thus entered the port before the blockade took place, shall take on board a cargo after the blockade he established, she shall be subject to being