The Rhode-Island Republican. [volume] (Newport, R.I.) 1809-1841, 1839-06-26


shall be understood Is applying to those pow
ers only who recognize this principle ;. but if
either of the contracting parties shall be At war
with third, and the other be neutral the flag
OF the neutral shall cover the property of those
enemies whose governments acknowledge this
principle, and not that of others.
ARTICLE XII.
II is likewise agreed that in cases where the
neautral flag OF one Of the contracting parties
shall protect the property Of the enemies of the
other, in virtue of the above stipulation, il
shall always be understood that the neutral
property found on board of such enemy's ves-
sci shall be held and considered as enemy's
property, and as such, shall be liable TO deten-
ton and coniiscation, except such property
as was put on board such vessels before the
declaration of war, or even afterwards, if il were
done without the knowledge of such dcclara.
ton; but the contracting parties agree that, six
months having elapsed after the declaration,
their citizens shall not be allowed to plead 10
norance 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.
The liberty of navigation and commerce
shall extend TO all kinds Of merchandise, ex-
cepting only those which are distinguished by
the name contraband, or prohibited goods
under which name shall be comprehended, st,
cannons, mortars, howitzers, swivels, blunder-
busses, muskets, fusees, rifles, carbines, pis-
tolls, pixies, swords, sabres, lancets, spears,
halberds, grenades and bombs powder, match
es, balls, and all other things belonging TO the
use of these arms 2dly, bucklers, helmets,
breastplates, coats Of mail, infantry belts, and
clothes made up in military form, and for n
military use; 3dly, cavalry belts, and horses
with their furniture; 4thly, 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 purpose of war, either by sea orby land
ARTICLE XIV.
All other merchandise and things not com
preht nded in the articles Of contraband, cxplc-
lily enumerated and classified Az 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 ireest manner
by both the contracting parties, even TO places
belonging TO an enemy, excepting only those
places which are at that time, besieged o,
blockaded; and TO avoid all doubt in this par.
tcular, 1t is declared, that these places only ar,
besieged or blockadcd, which are actually at
tackled by force capable of preventing the en-
+ try Of the neutral.
ARTICLE XIV.
The articles Of contraband of those before e.
numeratcd and classified, which may be found
in vessel bound for an enemy's port, shall b,
subject to detention and conGscation but th,
rest of the cargo and the ship shall be left free
that the owners may dispose of them as they
see proper. No vessel of either of the con
tracing parties shall be detained on the high
seas, ON account Of having on board articles OF
contrabaDd, whenever the master, captain on
supercargo OF said vessel will deliver up the ar
tcles Of contraband to the captor, unless, in
deed, the quantity Of such articles be so great.
and Of so large bulk, that they cannot be re-
cciyed 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 xvf
And whereas il frequently happens that vcs-
sells sail for a port or place belonging TO an en-
emy, without knowing that the same is beseig-
ed, blockaded, or invested, il is agreed that cv-
cry vessel 50 circumstanced may be turned a
way from such pon or place, but shall not be
detained nor shall any part Of her cargo, il
not coDtraband, be confscaed unless after boz
I
the commanding officer of a vessel forming
part Of the blockading forces, she shall ever a
! gain attempt TO enter but she shall be permit
ted TO 60 to any other port or place the master
or supercargo shall think proper. Nor shall
any vessel OF either party, that may have enter
ed into such por or place, before the same was
besieged, bIockaded or invested by the other,
be restrained, from quitting il, with her cargo
nor, II found therein before or after the surren-
der, shall such vessel, or her cargo be liable to
seizure, coDfiscation, or any demand on the
score Of redemption or restitution; but the
owners thereof shall be allowed to remain in
the undisturbed possession Of their properly
And il any vessel, having thus entered the port
before the blockade took place, shall take on
board cargo after the blockade be established
and attempt to depart, she shall be subject TO
being warned by the blockading forces TO re-
turn to the port blockaded, and discharge the
said cargo and if, after receiving the said
warning shall persist in going out with the car
90, she shall be liable TO the same consequent
ces to which vessel attempting to enter a
blockaded port, after being warned of by the
blockading forces would be liable.
ARTICLE XVII.
To prevent all kinds Of disorder and irregu-
larity in the visiting and examining Of ships
and cargoes Of both the contracting parties in
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 at the greatest dis
tance compatible with the possibility and safety
of making the visit, under the circumstances Of
wind and sea, and the degree Of suspicion at
tending the vessel to be visited, and shall send
one Of her small boats with no more men than
those necessary to man it, for the purpose Of
executing the said examination Of the papers
concerning the ownership and cargo Of the ves-
sci, without causing the least extorion, vio-
lencc or Ill treatment; in respect ofwhich, the
commanders Of said armed vessels shall be res
ponsible, with their persons and property for
which purpose, the commanders Of the said
armed vessels shall, before receiving their CON-
missions, give sufficient security to answer for
all the injuries and damages they may commit