Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1848-07-07

having elapsed after the declaration of war,
their citizens shall not plead ignorance there
of. On the contrary, if the flag of the neutral
does not protect the enemies property, in that
case the goods and merchandise of the neutral
embarked on such enemies ship shall be free.
article II. This liberty of navigation and
commerce shall extend to all kinds OF mer-
chandlse, excepting those only which are dis
tlngulshed by the name of contraband; and
under this name of eontrabdnd, or prohibited
goods, shall be comprehended:
Isl. Cannons, mortars, howitzers, swivels,
blunderbusses, muskets, rifles, carbines, pis-
tolls, pixies, swords, sabres, lances, spears, hal
berts, and grenades, bombs, powder, matches,
balls, and all other things belonging TO the
use of these arms
I'd. Bucklers, helmets, breastplates, coats of
mail, infantry belts, and clothes made up in
the form and for the military USE
Sd. Cavalry belts, and horses with their
furniture.
4th, And generally al kinds of arms and
instruments of iron, steel, brass, and copper,
or of any other materials manufactured. pre-
pared, and formed expressly TO make war by
sea or land.
5th. Provisions that are imported into be
seged or blockaded place.
Article18 All other merchandise, and things
not comprehended in the articles of contraband,
explicitly enumerated and classified as above,
shall be held and considered as free, and sub
lects of free and lawful commerce, so that they
may be carried and transported in the freest
manner by the citizens of both the contracting
parties, even to places belonging to an enemy,
excepting those places which are at that time
besieged or bockaded and to avoid all doubt
in this particular it is declared that those pla-
ces only are beseged or blockaded which are
actually attacked by a beligerent force capa-
Bile OF preventing the entry of the neutral.
article 49, The articles of contraband, be-
fore enumerated and classified, which may be
| found in a vessel bound for an enemys port
shall be subject to detention and confscation
leaving free the rest of the cargo and the ship
that the owners may dispose Of them as they
see proper. No vessel of either of the two
nations shall be detained OF the high seas on
account of having on board articles of contra
| hand, whenever the master, captain, or super
cargo of said vessels will deliver up the arti-
ces of contrahand to the captor, unless the
quantity of such articles be so great and of sc
large hulk, that they cannot be received on
board the capturing ship without great incon-
venience but in this and all other cases oil
just detention, the vessel detained shall be
! sent to the nearest convenient and safe port
for trial and judgment according to law.
article 90. And whereas it frequently hap
pens that vessels sail for port or place be-
longing to an enemy, without knowing that
the same is besieged, or blockaded, or invest
ed, it is agreed that every vessel so crcum-
stanced may be turned away from such port
or place, but shall not be detained, nor shall
&c hor he
confscated, unless, after warning of such
blockade or investment from the commanding
officer of the blockadng forces. she shall a
gain attempt to enter; but she shall be permit.
ted to go to any other port or place she shall
think proper Nor shall any vessel that may
have entered into such port before the same
was actually besieged, blockaded, or invested
BY the other, be restrained from quitting tina
place with her cargo nor if found therein af
ter the reduction and surrender, shall such
vessel or her cargo be liable 10 confiscaton
but thew shall be restored to the owners there
Of.
Article 81. In order to prevent all kind O.
disorder in the visiting and examination of tht
ships and cargoes of both the contracting par
ties on the high seas, they have agreed mutu
ally that whenever national vessel of war
public or private, shall meet with neutral O.
the other contracting party, the first shall re
main out of cannon shot. unless in stress OF
weather, and may send its boats with two NJ
three men only, in order to execute the sale
examination of the papers concerning The
ownership and cargo of the vessel, withou
causing the least extortion, violence, or il
treatment, for which the commanders of sale
armed ships shall be responsible with theil
persons and property; for which purpose the
commanders of private armed vessels shall
before receiving their commissions, give sufi
cient security to answer for all the damage:
they may commit. And it is expressly agreed
that the neutral party shall in no case be re
quired to go on board the examining vesse
for the purpose of exhibiting her papers, o.
for any other purpose whatever.
article % To avoid all kind of veXatioI
and abuse in the examination of the papers
relating to the ownership of the vessels be
longing to the citizens of the two contracting
parties, they have agreed, and do hereby agree
that in case one of them should be engaged il
war, the ships and vessels belonging to the
citizens of the other must be furnished will
: sea letters or passports expressing the name
property, and bulk OF the ship, as also TIL
, name and place of habitaton of the maste
and commander of the said vessel, in orde
, that it may hereby appear that the ship reaII,
and truly belongs to the citizens of one of tn
: parties they have likewise agreed that wheI
such ships have cargo they shall also b
provided, besides the said sea letters or pass
ports, with certificates containing the severa
particulars Of the cargo, and the place whenc
} the ship sailed, so that it may be know
r whether any forbidden or contraband good
r are on board the same; which certificate
shall be made out by the officers Of the plac
, whence the ship sailed, in the accustome
form; without which requisites said vesse
f may be detained, to be adjudged by the com
: petent tribunal, and may be declared Lawful
2 prize, unless the said defect shall be proved t
} be owing TO accident, and shall be satisfied c
sup piled by testimony entreI y equivalent.
I Article %. 1t is further agreed, that tn
stipua:ions above expressed relative TO III
e visiting and examination of vessels shall ar
e ply only to those which sail without convoy
t and when said vessels shall be under convoy
7 the verbal declaration of the commander {
: the convoy, on his word of honor, that tn
d vessels under his protection belong to the ma
n ton whose flag he carries, and when they ma
2 be bound TO an enemy's port, that they hav
/ no contraband goods on board, shall be suf
: Gent
0 Article "a. 1t is further agreed, that in a
a cases the established courts for prize cause
g in the country to which the prizes may
: conducted, shall alone take cognlZance OF then
S And whenever such tribunals of either part
shall pronounce judgment against any vesse
e or goods, or property, claimed by the cltIzer
: of the other party. the sentence or decree sha