Page:United States Statutes at Large Volume 8.djvu/80

 58 TREATY WITH SWEDEN. 1783. Vessels if re- the high sea as in port, their passports and certificates above mentioned ‘19l!'°d °l““ °x· And not having contraband merchandize on board for an enemy’s port, g32r3b2f,;';';; they may freely and without hindrance pursuetheir voyage to the place ritiesnis. of their destination. Nevertheless, the exhibition of papers shall not U ¤¤ ¢°¤*l¤‘ be demanded of merchant-ships under the convoy of vessels of war, but l;:¢5:s°;°js’ credit shall be given to the word of the officer commanding the convoy, ARTICLE XIII. Mode of Pm_ If on producing the said certificates, it be discovered that the vessel cesdin in ease carries some of the goods which are declared to be prohibited or con- ¤°¤¤'¤g¤¤d_ traband, and which are consigned to an enemy’s port, it shall not how. §g:g:°Ql° dw' ever be lawful to break up the hatches of such ships, nor to open any ` chest, coffers, packs, casks or vessels, nor to remove or displace the smallest part of the merchandizes, until the cargo has been landed in the presence of officers appointed for the purpose, and until an inventory thereof has been taken; nor shall it be lawful to sell, exchange or alienate the cargo or any part thereof; until legal process shall have been had against the prohibited merchandizes, and sentence shall have passed declaring them liable to confiscation, saving nevertheless as well the ships themselves, as the other merchandizes which shall have been found therein, which by virtue of this present treaty are to be esteemed free, and which are not to be detained on pretence of their having been loaded with prohibited merchandize, and much less confiscated as lawful prize. And in case the contraband merchandize be only a part of the cargo, and the master of the vessel agrees, consents and offers to deliver them to the vessel that has discovered them, in that case the latter, after receiving the merchandizes which are good prize, shall immediately let the vessel glo, and shall not by any means hinder her from pursuing her voyage to the place of her destination. When a vessel is taken and brought into any of the ports of the contracting parties, if upon examination she be found to be loaded only with merchandizes declared to be free, the owner or he who has made the prize, shall be bound to pay all costs and damages to the master of the vessel unjustly detained. ARTICLE XIV. _Gcods found It is likewise agreed that whatever shall be found to be laden by the
 * Li°'li:;f°”g ge subjects of either of the two contracting parties, on a ship belonging to

w,jj;u,,wd um the enemies of the other party, the whole effects, although not of the less puton number of those declared contraband, shall be confiscated as if they ggglggmlgf belonged to the enemy, excepting nevertheless such goods and mer- ,,,,,' 0,.,,,,,hin chandizes as were put on board before the declaration of war, and even sixmomhs six months after the declaration, after which term none shall be prem"- sumed to be ignorant of it, which merchandizes shall not in any manner be subject to confiscation, but shall be faithfully and specifically delivered to the owners, who shall claim or cause them to be claimed before confiscation and sale, as also their proceeds, if the claim be made within eight months, and could not be made sooner after the sale, which is to be public: provided nevertheless, that if the said merchandizes be contraband, it shall not be in any wise lawful to carry them afterwards to a port belonging to the enemy. ARTICLE XV. And that more effectual care may be taken for the security of the two contracting parties, that they suffer no prejudice by the men of war of. the other party or by privateers, all captains and commanders ot ships of his Swedish Majesty and of the United States, and all their