The enquirer. [volume] (Richmond, Va.) 1804-1815, 1808-04-12

of the sea or the place of meeting render a
n carer approach necessary and shall in nc
case, compel or require such vessel to send
her boat, her papers or any person from ON
board, to the belligerent vessel; but the bel
Egerent vessel may send her own boat to the
other, and may enter her to the number OF
two or three men only, who may in an order
ly manner, make the necessary inquiries
concerning the vessel and her cargo and
it is agreed that effectual provisions shall be
made for Furnishing violations of any part Of
this article
ARTICLE ".
Contraband OF war shall consist Of the fol-
lowing articles only salt petre, sulphur, cui-
raises, pixies, swords, sword belts, knapsacks,
saddles and brides, cannons, mortars, fire
arms, pistols, bombs, grenades, bullets, fire
locks, fiints, matches and gun-powtler; ex-
cepting, however, the quantity of the said
articles which may be necessary for the de-
fence or use of the ship and those who COM
pose the crew and no other articles what
ever, not here enumerated, shall be reputed
contraband or liable to confiscation, but shall
pass freely without being subjected to the
smallest difficulty, unless they be enemy's
property i; and it is to be particularly under
stood, that under the denomination of enc
my's property, is not to be comprised the
merchandise of the growth, produce or ma
nufactures of the countries or dominions at
war, which shall have been acquired by the
citizens or subjects of the neutral power, C
shall be transported for their account
which merchandise cannot, in any case, or
on any pretext, be excepted from the free
dom OF the neutral flag.
ARTICLE V.
In all cases where the prize courts of Ell
Their party shall pronounce judgement a
ora DSt nlr,. la;r l>,-c;
tizens or subjects of the other, the sentence
or decree shall mention the reasons or mo-
tiveS OH which the same shall have been
founded : and an authenticated copy of the
sentence or decree, and of all the proceed
jngs in the case, shall, if demanded, be deli
vered to the commander or agent of the said
vessel, without any delay, he paying the le-
gal fees for the same.
ARTICLE VI.
In order to determine what characterizes
a blockaded port, that denomination is Civ
en- only to a port where there is by the dis
position of the power which attacks it with
ships stationary, or sufficiently near, an evil
dent danger in entering.
ARTICLE VII.
MAY omit the preamble.1
In consideration of the distance ofthe ports
likely to be blockaded bv either party. from
the ports of the other par ty and CT other cir
cumstances incident to their relative SITUATE
ons, it is agreed that no vessel sailing from
the ports of either, shall, although cleared or
bound to a blockaded port, be considered as
violating in any manner the blockade, unless
on her approach toward such port, she shall
have been previously warned against enter
ing the same.
ARTICLE VIII.
May omit captains, officers"
/. tits agreed that no refuge or protection
shall be afforded by either party to the E" cap
tains, officers mariners, sailors or other
persons not found to be its own citizens or
subjects who shall desert from vessel of the
other party, ofthe crew whereof the desert
Err made part but on the contrary, all sach
deserters shall be delivered up, on demand,
to the commanders of the vessels from which
they shall have deserted, or to the comman-
ding officer of the ships of war of the respec-
tive nations, or TO such other persons as may
be duly authorised to make reQuistion in
that behalf; provided that proof be made,
within two years from the time of desertion,
by an exhibition of the ships papers, or au-
thenticated copies thereof and by satisfac-
ry evidence of the identity of the person,
that the deserters so demanded were actu-
ally part of the crew of the vessels in ques-
ton.
And for the more effectual execution of this
| article, adequate provision shall be made for
causing to be arrested, on the application of
the respective consuls or vice consuls to the
competent authorities, all deserters as afore-
said duly proved to be such, in order that
they may be sent back to the commaders of
the vessels 10 which they belonged, or re-
moved out ofthc country, and all due aid and
| assistance shall be given in searching for, as
well as in Selling and arresting the said de-
! serters, who shall even be detained and
kept in the prisons of the country at
the request and expence of the said con-
sui or vice-consul, until they shall have
found an opportunity of sending them or re-
moving them as aforesaid. But if they be not
sent back or removed within three months
from the day of their arrest, they shall be
set at liberty and shall not again be arrest
ed for the same cause.
| ARTICLE TX.
| May omit "offcers or"
| 1t is further agreed that no refuge or pro-
lection shall be affored, by either of the par
ties, 70 any "olFicers orr soldiers, not found
to be its own citizens or subjects, who shall
desert from the military service Of the other :
but that on the contrary, effectual measures
shall be taken, in like manner and under like
regulations and conditions, as with respect
to sailors for experimenting any such deser-
ting soldiers, and delivering them to the
commanding officers Of the military posts,
forts or garrisons from which they shall have
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