The Rhode-Island Republican. [volume] (Newport, R.I.) 1809-1841, 1826-11-30

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articles of contraband, whenever the mas
ter. captain, or supercargo, of said vessel
will deliver up the articles of contraband,
10 the captor, unless, the quantity of such
articles be so great and of SO large bulk
that they cannot be received ON board the
capturing ship without great inconycn.
ience; bat 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.
ARTICLE 10Th.
And whereas il Frequently happens that
vessels sail for port orplaoe belonging to
an enemy, without knowing that the same
is besieged, blockoded or invested, il is a.
| greed, that every vessel so circums,anced
may be turned away from such port OF place
but shall not be detained, nor shall any part
OF her cargo, If not contraband, be confis-
Gated, unless after warning of such block
ade or investment from the commanding
officer Of the blockading forces, she shall
again attempt 10 enter, but she shall be per-
mtted TO go to any other port or place she
shall think proper. Nor shall any vessel
of either, that may have entered into such
/ port before the same was actually beseg.
| ed, bluckaded, or invested, by the other,
be restrained from quitting such place with
her cargo, nor, if found therein after the
reduction and surrender, shall such vessel
or her cargo be liable To confiscation, but
they shall be restored to the owners there
! of.
ARTICLE Goth,
In order to prevent all kinds Of disorder
| in the visiting and examination of the ships
| and cargoes of both the contracting par
ties on the high seas, they have agreed,
mutually, that whenever vessel of war,
public or private, shall meet with neutral
OF the other contracting party, the first
shall remain out of cannon shot, and may
send It's boat, with two or three men only /,
IN order to execute the said examination
of the papers concerning the ownership
and cargo of the vessel, without causing
the least extortion, violence, or i'll treat
ment, for which the commanders of the
said armed ships shall be responsible with
their persons and property: for which pur-
pose the commanders of said private arm
cd vessels shall, before receiving their com
missions, give sufficient security To answer
for all the damages they may commit
And, il is expressly agreed, that the nou-
tral party shall in no case be required to
go on board the examining vessel, for the
purpose of exhibiting her papers, or for a
ny other purpose whatever.
ARTICLE 2lst.
To avoid all kind of vexation and abuse
in the examination Of the papers relating
to the ownership of the vessels belonging
to the citizens of the two contracting par
ties, they have agreed, and do agree, that
in case one of them should be engaged in
war, the ships and vessels belonging TO
the citizens of the other, must be furnished
with sealetters or pass. ports, expressing
the name, property, and bulk of the ship,
as also the name and place of habitation of
the master or commander Of said vessel, in
order that it may thereby appear that the
ship really and truly belongs to the citi-
zens Of one Of the parties {; they have like
wise agreed that, such ships being laden,
besides the said sea-letters or passports, |
shall also be provided with certificates, |
containing the several particulars Of the
cargo, and the place whence the ship sail
ed, so that it may be known whether any |
forbidden or contraband goods be on board |
the same which certificates shall be made |
out by the officers Of the place whence the |
ship sailed, in the accustomed form ;with- |
out which requisites, said vessel may be |
detained to be adjudged by the competent |
tribunal, and may be declared legal prize,
unless the said defects shall be satisfied or |
supplied by testimony entirely equivalent. |
ARTICLE 22d
II is further agreed, that the stipulations |
above expressed, relative TO the visiting |
and examination ofvessels, shall apply on
ly to those which sail without convoy and
when said vessels shall be under convoy,
the verbal declaration Of the commander |
of the convoy, on his word Of honor, that |
the vessels under his protection belong To
the nation whose flag he cnrries--and |
when they are bound to an enemy's port,
that they have no contraband goods on
board shall be sufficient.
ARTICLE 23d.
II is further agreed, that in all cases
the established courts for prize causes, IN
the country to which the prizes may be
conducted, shall alone take cognlzance OF
them. And whenever such tribunal oi
either party shall pronounce judgment n
| gainst any vessel or goods, or property
| claimed by the citizens Of the other party,
! the sentence or decree shall mention the
reason or motives on which the same shall
have been founded, and on aulbentcilc
copy ofthe sentence or decree. and oi 10
the proceedings in the case, sholl, u d'-
inanded, be delivered to the commander or
agent Of said vessel, without any deiay,he
paying the legal fees for the same.
ARTICLE 2ith.
Whenever ono Of the contracting parties
shall be engaged in war with another State,
no citizen OF the other contracting parry
shall accept commission, or letter Of
marque. for the purpose Of assisting or CO.
oper era,ioo hostility. with the said enemy,a