Page:United States Statutes at Large Volume 8.djvu/486

 474 TREATY WITH VENEZUELA. 1836. Free ships to ship, with this effect, that, although they be enemies to both, or either- p,gvj,,,_ officers or soldiers, and in the actual service of the enemies. Provided, however, and it is hereby agreed, that the stipulations in this article contained, declaring that the flag shal 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. ARTICLE 16. E,,,,m,,», ,,,.,,_ It is likewise agreed, that in the case where the neutral flag of one of perry,tobe pro- the contracting parties shall protect the property of the enemies
 * '>';l;° f'°° pm" party, they are not to be taken out of that free ship, unless they are
 * °°{*§l bY°"°;*· of the other, by virtue of the above stipulations, it shall always be

Jgghigihmw understood that the neutral property found on board such enemy’s when. 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 thereof On the contrary, if the flag of the neutral does not protect the enemy’s property, in that case, the goods and merchandises of the neutral, embarked in such enemy’s ship, shall be free. ARTICLE 17. m,,,,,,,],,,,,,! This liberty of navigation and commerce shall extend to all kinds of specified. merchandise, excepting those only which are distinguished by the name of contraband; and under this name of contraband or prohibited goods shall be comprehended: lst. Cannons, mortars, howitzers, swivels, blunderbusses, muskets, fusees, 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, breastplates, 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 expressly to make war by sea or land. ARTICLE 18. Goods not All other merchandises and things not comprehended in the articles ¤¤¤"¤l>¤¤<l· of contraband explicitly 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 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. ARTICLE 19. C¤¤¤j¤l>¤¤d The articles of contraband before enumerated and classified, which
 * ,?;{B;:;‘:fg';_°° may be 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