The Middlebury register. [volume] (Middlebury, Vt.) 1850-1882, 1852-09-01

to the enemies of either-contraband goods
being always excepted. 1t is also agreed, in
like manner, that the same liberty be extend
cd to persons who are on board n free ship,
with this effect that although they be enc
mics of both or either party, they are not to
be taken out of that free ship unless they are
officers or soldiers, and in the actual service
of the enemies provided, however, and it is
hereby agreed that the stipulations in this ar
ticle contained, declaring that the flag shall
cover the property, shall lie understood MS
applying to those powers only who recognise
this principle but if either of the two con
tracing parties shall be at war with a thi d
and the other neutral, the flag ofthe neutral
shall cover the property Of enemies whose
governments ackn iwledge this principle, and
not of others.
ARTICLE XIV.
1t is likewise agreed that in the case where
the neutral flag of one of the contracting par
ties shall protect the property of the enemies
of the other; by virtue of the above stipula-
ton, it shall always be understood that the
neutral property found on board sucl cncmy's
vessels shall be held and considered as enc
my's property, and rs such shall be liable to
detention and confiscation, except such prop
eriy as was put on boarl such vessels before
NV VI hRA VI tNNh u ~
il ii were done without the knowledge of it
but the contracting parties agree that, two
months having elapsed after the declaration,
their citizens shall not plead ignorance there
of. IN the contrary, If the flag of the neutra
does not protect the enemy's property, In that
case the goods or merchandise of the neutral
embarked in such cncmy's ship shall be free,
Article XVI
This liberty of navigation and commerce
shall extend to all kinds of merchandise cx-
cepting those only which are distinguished by
the name OF contrab and aud under this name
ofc n.raband or prohibited goods shall be com-
pretended:
LIST. Cannons, moitars, howitzcrs, swivcls,
blunderbusscs, muskcts,% fusccs, rifles, carbincs,
pistols, pixies, swords, sabrcs, %lances, spears,
halbcrds, and g%ranadcs, bombs, powder;
matches, balls, and all other things belonging
to the use of these arms.
IDLY. Bucklers. helmets, brcastplatcs, coats
of mail, infantry belts, and clothes made NJ
in form and for a military use.
3dly. Cavalry belts, aud horses, with their
furniture.
4thly. And gene rally all kinds of arms and
instruments of iron, steel, brass, and copper
or of any o her materials, manufactured, pre-
pared, and formed expressly to make war by
sea or land.
Article XVII.
All other merchandise and things not com.
pretended in the articles of contraband OK.
plicity enumerated and classified as above,
shall be held and considered as free, and sub.
jccts of free and lawful commerce, so that
they may be carried and transportatcd in the
trccst manner, by both these contracting par
ties, even to places belonging to an enemy
excepting o My those places which are ut that
time bcsiegcd or blockadrd and to avoid all
doubt in this particular, it is declared that
those places only are besieged or blockadcd
which are actually attacked by Il beIligcrcnt
force capable of preventing the entry of the
neutral.
ARricLE XVIII.
The articles of contraband before cnumer-
ated and classified, which may be found in n
vessel bound for an cnemy's port, shall be
subject to detention and conliscation, 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 ma
tionS shall be detained on the high seas on
account of having on board articles of contra
band, whenever the master, captain or super
cargo Of said vessel will deliver up the articles
of contraband to the captor, unless the guam
- VI Sf1l a lltlOS ut 81 GIttl bll Ol 81
large a bulk that they cannot be received on
board the capturing ship without great incon-
venicncc 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 aw.
Article XIX.
And whereas it frequently happens that
vessels sail for Il port or place belonging to
all enemy without knowing that the same is
besieged, blockadcd, or invested, it is agreed
that every vessel so Gil cumstanccd may be
turned away from such port or place, but sh all
no; be detained nor shall any part ofhcr car
go, if not contraband, be confscated, unless.
after warning of such blockade or investment
from the commanding officer of the blockad-
ing forces, she shall again attempt to enter
but shall be permitted to go to any other port
or place she shall think proper. Nor shall
any vessel of either of the parties, that may
have entered into such port or place before
the same was actually bcsieged, b!ockadcd,
or invested by the other. be restrained from
quitting such place with her cargo nor if
fuund therein after the reduction and surrcn-
der, shall such vessel or hercarg0 be liable to
coniiscation, but they shall be restored to the
owners thereof.
ARTICLE Xxx
In order 10 prevent all kind of disorder in
the visiting and examination of the ships and
cargoes Of both the contracting parties on the
high seas, they have agreed, mutually, that
whenever a vessel Of war, public or private,
shall meet with n neutral of the other con-
tracing party the first shall remain ont of can
non-shot, and may send its boat, with two or
three men only, in order to execute the said
examination of the papers concerning the OWL
crship and cargo of the vessel, without calis-
ing the least extortion, violence, or ill-trcat-
ment, for which the commanders of the said
armed ships shall be responsible, with their
persons and property for which purpose, the
commanders Of the said private armed vessel
shall. before receiving their commissions, give
sufficient security to answer for all the dam
ages they may commit. And il is expressly
agreed, that the neutral party shall in no case
be required to go Oh board the examining yes
sci for the purpose of exhibiting her papers,
or for any other purpose whatever.
ARTICLE XXI.
To avoid all kind of vexation and abuse in
the examination Of tho papers relating to the
ownership Of the vessels belonging to the citi-
zens Of the two contracting parties, they have
agreed, and do agree that in case one of them
should be engaged in war, the ships and YES
sells belonging TO the citizens of the other
must be furnished with sea-letters 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 thai it ma thereby, ap-
pear that the ship really and truly belongs to
the citizens of one of the parties. They have
likewise agreed, that such ships, being laden
besides the said c a-lettcrs or passports silal
also be provided with certificates containing
the several particulars of the cargo and til,
place whence the ship sailed, so that it MAJ
be known whether any forbidden or cont"aband
goods be on board the same which certificate,
shall he made out by the officers of the plac,
whence the ship sailed in the accustomed
form; without which requist ties said vesse
may be detained to DO adjudged by the com