The North-Carolina standard., 1849-03-28


expressly to make war by or land.
5th. Provisions that are imported into besieged
or blockaded place. .ea
ART. XVIII. All other merchandise and things
not comprehended in the articles of contraband
plictly enumerated and classified as above, shall be
held and considered as fee and subjects of free and
lawful commerce, so that they may be carried and
transported in the feest manner by the citizens of
both the contracting pares even places belonging
to an enemy, excepting those places only which are
at that time beseged blockaded; and to avoid all
doubt In this particular it declared that those places
only are besieged or blockaded which are actually
attacked by begerent force capable of preventing
the entry of the neutral. 81 -ls i-A @ 81. III
4. ART. XIX. The articles of conraband, before
enumerated and classified, which may be found in
vessel bound for enerny,s port shall be subiect 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 on the high seas
on account of having board articles of contaband,
whenever the master, captain or supercargo of said
vessels will deiyer'up the articles of conraband to
the captor unless the quantity of such articles be so
great and of so large bulk, that they cannot be
received board the capturing ship without great
inconvenience; but in this and all other cases of just
deention the vessel detained shall be sent to the
nearest convenient and safe port for trial and udg
ment according to law. 81 .-..- .- Is 'Ha
ART. Xxx. And whereas it frequently happens that
vessels sail for portor place belonging to enemy
without knowing that the is besieged, block
aded or Invested, it is agreed that every vessel so
cIrcumstanced may be turned away. from such port
or place. but shall be detained nor shall any part
OF her cargo, if not contraband, be confscaed,
less, after warning of such blockade or investment
from the commanding officer of the bfockading forces,
she shall again attempt to enter; but shall be per-
mted to go to any other port place she shall think
proper. Nor shall any vessel that may have entered
into such port before the actually besieged,
bockaded, or invested by the other, be restrained
from quitting that place with her cargo nor if found
therein after the reduction and surrender shall such
vessel or cargo be liable to confiscation but they
shall be restored to the owners thereof.
ART. XXI. In order to prevent all kind of dis
order In the visiting and examination of the ships
ana cargoes OF both the contracting parties on the
high seas, they have agreed mutually that whenever
a national vessel of war, public or private, shall
meet with neutral of the other contracting party,
the first shall remain out of cannon shot, unless IN
stress OF weather. and may send its boat with two or
three men only, in order execute the said eXamina
ton of the papers concerning the ownership and
cargo OF the vessel, without causing the least extor
ton, violence, i'll treatment, for which the COM
manders of said armed ships shall be responsible with
their persops and property; for which purpose the
commanders of private armed vessels shall, before
receiving their commissions, give sufficient security
to answer for all the damages they may commit.
And it is expressly agreed that the neutral party shall
in no case be required to go board the examining
vessel for the purpose of exhibiting her papers, or
for any other purpose whatever. ..-.... -.. - |
ART. XXI. To avoid all kind of vexation and
abuse in the examination of the papers relating to
the ownership of the vessels belonging to the citi
zens of the two contracting parties, they have agreed
and do hereby agree, that In of them should
be engaged in war, the ships and vessels belonging
the citizens of the other must be furnished with
sea letters passports expressing the name proper
t and bulk of the ship, also the and place of
the master and commander of the said ves
sci, in order that it may thereby appear that the ship
really and truly belongs to the citizens of of the
parties, they have likewise agreed that when such
ships have cargo, they shall also be provided, be-
sides the said letters passports with certificates
fhp of tho car md
the place whence the ship sailed, so that 1t may be
known whether any forbidden contraband goods
are the same; which certificates shall be made
out by the officers Of the place whence the ship sail
ed, In the accustomed form; without which requl-
sites said vessel may be detained, to be adudged by
the competent tribunal, and may be declared lawful
prize, unless the said defect shall be proved to be
owing to accident and shah be satisfied or supplied
by testimony entirely equivalent.
ART. XXIll. 1t is further agreed, that the stip-
ulatons above expressed relative to the visiting
exam nation of vessels shall apply only to those which
call without convoy; and when said vessel shall be
under convoy, the verbal declaration of the command
er of the convoy, his word of honor, that the ves
sells under his protection belonging to the nation
whose flag he carries, and when they may be bound
TO enemy's port, that they have contrabrand ,
goods on board, shall be sufficient. .. =. - |
ART. XIV. 1t is further agreed that in all cases
the established courts for prize causes, in the
try to which the prize may be conducted, shall alone
take cognizence of them. And whenever such |
against any vessel, goods or property, claimed by
the citizens of the other party the sentence decree
shall mention the reasons motives upon which the
same shall have been founded, and an authenticated
copy of decree, and of all the proceed
ings in the case SHALL if demanded, be delivered to
the commander agent of said vessel, without any
delay, he paying the legal fees for the same.
ART. XIV. For the purpose of lessening the evils
of war; the two high contracting parties further agree
that in case a war should unfortunately take place
between them, 'hostilites shall only be carried by
persons duly commissioned by the government and
by those under their orders, except in repeaing an
attaet INVASION and in the defence of property.
ART. XXVISF Whenever one of the contracting
parties shall be engaged in with another State,
no citizen of the other contracting party shall accept
a commission letter of marque for.the purpose of
assisting cooperating hostilely with the saidenemy
against the said parties at under the pain of
being treated as pirate. go
ART. XVII. If by any fatality-whiehs cannot
be expected, and God forbid--theI two contracting
parties should be engaged in with each other,
they have agreed, and do agree now for then, that
there shall be allowed the term of six months to the
merchants residing the and in the ports of
each other, and the term of one year to those who
dwell in the interior, to arrange their business and
transport their effects wherever thy please, giving
to them the safe conduct necessary for it, which may
serve a sufficient protection until they arrive to
the designated port The citizens, of all other oc-
cupations who may be established in the territoties
or dominions of the United States of New Granada
shall be respected and maintained in the fall enjoy
ment of their personal liberty and property, unless
their particular conduct shall cause them to forfeit
this projections which, in consideration of humanity,
the contracting parties engage to give them.
Art. XVIII. Neither the debts due from in I
divfuals of the nation to the individuals of the
other, nor shares, nor money which they may have
nnhIic funds in Dublic Driyate banks. shall