Page:United States Statutes at Large Volume 8.djvu/503

 CONVENTION WITH PERU-BOLIVIA. 1836. 491 that the neutral property found on board of such enemy’s vessel 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 of such vessels before the declaration of war, or even afterwards, if it were done without the knowledge of such declaration: but the contracting parties agree, that six months having elapsed after the declaration, their citizens shall not be allowed to plead ignorance thereof On the contrary, if the flag of the neutral does not protect the enemy’s property on board; in this case, the goods and merchandise of the neutral, embarked in such enemy’s ship, shall be free. ARTICLE XIII. This liberty of navigation and commerce shall extend to all kinds of Liberty ofcom merchandise, excepting only those which are distinguished by the name m°F°° and ¤°'·’i· of contraband, or prohibited goods; under which name shall be com- ggjjntgofjétigcd prehended, lst, cannons, mortars, howitzers, swivels, blunderbusses, cept cgntramuskets, fusees, rifles, carbines, pistols, pikes, swords, sabres, lancets, b““d· spears, halberds, grenades and bombs; powder, matches, balls, and all Sgzjijzgband other things belonging to the use of these arms; 2dly, bucklers, helmets, I breastplates, coats of mail, infantry belts, and clothes made up in amilitary 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 for the purposes of war, either by sea or land. ARTICLE XIV. All other merchandise and things not comprehended in the articles All kinds of of contraband, explicitly enumerated and classified as above, shall be merchandiseheld and considered as free, and subjects of free and lawful commerce; g;E?£tf:§;lm° 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 force capable of preventing the entry of the neutral. ARTICLE XV. The articles of contraband, of those before enumerated and classi- C<:,¤*Y¤l>{*¤¢j_ fied, which may be found in a vessel bound for an enemy’s port, shall fj);,; sfnizcg be subject to detention and confiscation; but the rest of the cargo and non. the ship shall be left free, that the owners may dispose of them as they see proper. No vessel of either of the contracting parties shall be Vessels not to detained on the high seas, on account of having on board articles of b°1d*>**¤g:`d» contraband, whenever the master, captain, or supercargo of said vessel lm °”’ °‘ will deliver up the articles of contraband to the captor, unless, indeed, 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 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. ARTICLE XVI. And whereas it frequently happens that vessels sail for a port or place Notice of belonging to an enemy, without knowing that the same is besieged, blockade 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, afier being warned of such blockade or investment, by the commanding officer of a vessel forming part of the blockading forces, she