Page:United States Statutes at Large Volume 8.djvu/449

 CONVENTION WITH CHILE. 1832. 437 of the two contracting parties should be at war with a third, and the other neutral, the Hag of the neutral shall cover the property of enemies whose governments acknowledge this principle, and not of others. ARTICLE XIII. It is likewise agreed, that in the case where the neu- Neutral protral flag of one of the contracting parties shall protect the property of P°"Y Qu b°‘“’d the enemies of the other, by virtue of the above stipulation, it shall §g§l’Qy,§:$,$,Sf’I’ always be understood that the neutral property found on board such demnation. enemy’s vessels shall be held and considered as enemy’s property, and as such shall be liable to detention and confiscation, except such pro- Exception. perty 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 alter the declaration, their citizens shall not plead ignorance thereo£ On the contrary, if the Hag of the neutral does not protect the enemy’s property, in that case, the goods and merchandise of the neutral, embarked in such enemy’s ship, shall be free. Arvrrcnn XIV. This liberty of commerce and navigation shall extend C5>mr¤b¤¤<l to all kinds of merchandises, excepting those only which are distin- "`“°l“‘ guished by the name of contraband, and under this `name of contraband, or prohibited goods, shall be comprehended- 1st. 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 things belonging to the use of these arms; 2d. Bucklers, helmets, breast-plates, coats of mail, infantry belts, and clothes made up in the form and for a military use. Sd. 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 formed, expressly, to make war by sea or land. Amrcnn XV. All other merchandise and things not comprehended All other arnin the articles of contraband explicitly enumerated and classined as °l¤¤ {***%*3**,; above, shall be held and considered as free, and subjects of free and gigaigorg? ° 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 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. Anrrctn XVI. The articles of contraband, before enumerated and Cpntraband classified which may be found in a vessel bound for an enemy’s port, °*”‘£“ n":,;; shall be subject to detention and confiscation, leaving free the rest of :2: sfu the cargo and the ship, that the owners may dispose of them as they see proper. No vessel of either of the two nations shall be detained on the igh seas on account of having on board articles of contraband, 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 ship 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. Amucnn XVII. And whereas it frequently happens that vessels sail Notice of 'br a port or place belonging to an enemy, without knowing that the i’l°°k“d°· same is besieged, blockaded, or invested, it is agreed, tléat every vessel u hl