Page:United States Statutes at Large Volume 8.djvu/430

 418 TREATY WITH MEXICO. 1831. two contracting parties shall be at war with a third party, and the other neutral, the flag of the neutral shall cover the property of enemies whose Governments acknowledge this principle, and not of others. when mmm] Ammcnm XVII. It is likewise. agreed. that in the case where the flag protects neutral Hag of one of the contracting parties shall protect the property ¤¤¤mY’¤ P¤`°· of the enemies of the other, by virtue of the above stipulation, it shall °mY’ &°‘ always be understood that the neutral properly found on board such enemies’ vessels shall be held and considered as enemies 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 four months having elapsed after the dcclaration, their citizens shall not plead ignorance thereof; on the contrary, if the flag of the neutral does not protect the enemy’s property, in that case the goods and merchandises embarked in such enemy’s vessel shall be free. Contraband Arvrxcw XVIII. This liberty of commerce and navigation shall G0<>d¤ ¢><¤°(j>l<>d extend to all kinds of merchandise, excepting those only which are dismd d°°’H"° ‘ tinguished by the name of contraband; and under this name of contraband or prohibited goods, shall be comprehended, first, cannons, mortars, howitzers, swivels, blunderbusses, muskets, fusees, rifles, carbines, pistols, pikes, swords, sabres, lances, spears, halberts; and granades, bombs, powder, matches, balls, and all other things belonging to the use of these arms: secondly, bucklers, helmets, breast-plates, coats of mail, infantry belts, and clothes made up in a military form, and for a military use; thirdly, cavalry belts and horses with their furniture; fourthly, 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. 3],,,,;;,,,;,,, Anrrcnn XIX. All other merchandise and things not comprehended what- in the articles 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; and to avoid all doubt in that particular, it is declared that those places only are besieged or blockaded, which are actually besieged or blockadcd by a belligerent force capable of preventing the entry of the neutral. contraband Aa*rrc1.n XX. The articles of contraband before enumerated and liable to confis- classified, which may he found in a vessel bound for an enemy’s port, °*“°“· shall be subject to detention and confiscation, leaving free the rest of the cargo and the vessel, that the owners may dispose of them as they vm,] ,,0,,0 sec proper. No vessels of either of the two nations shall be detained no detained, on the high seas on account of having on board articles of contraband, unless, Sec. whenever the master, captain or supercargo of said vessel 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 vessel without great inconvenience; but in this, and in all 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. N,,,,,, of An·rrci.n XXI. And, whereas it frequently happens that vessels sail blockade. for a port or place belonging to an eneniy without knowing that the