The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1854-12-28

other port place that may be deemed proper
vessel Of either of the two contracting parties that may
have entered into such port place before II
ally bocssded or beseged by sea or land shall either be
prevented from withdrawing from such place with her
cargo, shall che be considered subject to consca
tion, nor shall embargo be laid upon her cargo lift
be found in said place after its reduction and capituA
ton but, on the contrary it shall be restored 70 its
Art 10. With the object of defining what shall be
considered conraband Of war; it IS declared that there
shall be comprehended under this denomination Pow
der, sstpetre rockets fusees bombs, bak grenades,
ances battle axes swords belts pistols holsters sad
dies cavalry equipments cannons, morars, their car
riages and beds, and generally every description Of
arms, munitions of war, and instruments peculiar to
the use of troops All these articles, whenever they
are destined for any port OF any enemy shall be by
this act declared conraband and subject to confsca
ton but the vessel in which they embarked and the
rest of the cargo shall be considered Free and in
wise subject to confscation because of the other pro-
hibted goods, whether they belong to the master
Art II. 1t is admitted as a principle that the flag
covers the goods and erything board vessels be-
longing to citizens Of Of the contracting parties to
be considered free and lawful commerce, though
all the cargo CT part Of belong to the enemies Of one
agreed, also, that the same liberty be extended to
those persons who may be board free vessel, in
such manner that although they be enemies of one
the other country they cannot be taken from said free
vessel unless they soldiers in the actual service of
the enemy.
Art H. In time OF war; vessels belonging to citizens
of the other of the contracting parties which
have been cleared for port belonging to enemy Of
either OF them and with respect to whose voyage and
articles Of cargo there good grounds for suspicion
shall be liable to exhibit well the high in
ports roads not only their passports but also their
certificates that they have nothing which contraband
according to the present treaty.
and the injury arising therefrom it is agreed that
when one country is engaged in war, and the other
maintains neutral position the vessels of the neutral
ances, that it may be seen that they really belong
to citizens Of said neutral nation, which clearances
shall be valid for any number OF voyages, but must
be renewed annually, If the vessels return their
country within period Of twelve months. If the
sells have q cargo board they shall be provided
ances, but also with manests, signed by competent
authorities, setting forth what contraband merchan-
disc they have If any but besides these, no other
documents of any kind shall be exacted from them
former and ordinances to the contrary notwith
that there is contraband merchandise board the
vessels shall be permitted to pursue their voyage
Moreover, if the manifests declare that there is
contraband merchandise on board, and the cap
tain Of the vessel shall offer to deliver it up,
the offer shall be accepted and the vessel shall be at
liberty to continue her voyage, unless the quantity
of contraband merchandise be greater than be
conveniently received board the vessel of prv
teer, in which the vessel may be conducted to
port the delivery of the same If any vessel should
not BIO provided with the passports certificates
CURED BY the present article Judge or some comPec
it appear from other documents proofs, admissible
according to the law of nations that the belongs
TO citizens of the neutral nation she shall not be
fscated but ret at liberty with her cargo excepting
contraband merchandise and permitted to continue her
voyage. III the captain commander OF vessel,
whose name is in the passport, die, be removed by
any other and another take his place the vessel
and her cargo shall have the same security that they
had before that change and the passport clearance
shall preserve it's full force
Art. H. Whenever vessels captured or detained
the supposition that they carrying contraband
merchandise to the enemy, the captor shall give re.
cet Of the papers board the vessel that he detans
accompanying it with list of the said papers; and it
shall not be lawful to break to open the hatches
the chests, trunks, bales, barrels tuns found
board, or to even the least portion of the
the presence competent men, who shall take in
ventory of said merchandise; which merchandise can
an
judges have pronounced against sentence OF consca
ton.
Art. Is. And in order that proper may be
adopted with respect the vessels and cargoes and to
prevent thefts it agreed that it shall not be lawful to
remove from any captured vessel the captain
der supercargo the same while the vessel remains
at after the capture while proceedings are pend
ing against her. her or an, thing relating to her
of the other party is captured put under
largo and detained for adjudication her employees
sepgcrs and crew. shall be treated with hospitality.
They shall not be imprisoned, deprived of their
clothing of the possession and use Of their money
il this does not exceed $500 apiece for the captain
percargo and pilot and 500 apiece for the sailors and
passengers.
shall take cognizance Of prize cases are esab
shed for that purpose In the country to which those
prizes may be made shall be taken. And whenever
such tribunal Of either Of the parties shall pronounce
sentence against any vessel merchandise property
claimed by citizens Of the other the decree
shall contain the reasons grounds which II is
founded and authentic copy of the sentence or de-
and of the whole process shall be delivered with
out delay to the commander OF agent OF said vessel
II. No foreign commander of privateer, holding
letters of ma,que from prince state which is an
permitted at out his vessels in the ports Of the other
nation to sell his prizes in any to alien
may be necessary for his to the port
longing to the prince State from which he has recev
Art. Is. No citizen of the Dominican Republic shall
solicit receive from any prince or State that is in
state of war with the United States any commission
letters of reprsal, for arming any vessel in.
tended to sail privateer against the said United
States against any of them, against the person
property Of any citizen or inhaoant whatever OF the
any citizen Of the United States, or OF any OF them,
solicit receive from prince or State that at war
of repisa to arm any vessel intended to sail prva
teer against the said Dominican Republic against the
same whatever and If any person of either nation shall
take such commission or letters OF repria such person
shall be punished according to their respective laws
Art 10. The two contracting parties mutually concede
the liberty of maintaining in the ports and places of
Of the other nation conus vice consuls and
commercial agents OF their choice who shall enjoy
the same privileges powers and exemptions those of
the favored nations. But II OF them carry on
cial business they shall be subject, far
their commercial transactions concerned, to the
laws and customs the private citizens OF their
nation the subjects citizens Of the most favored or
tracing parties shall be- however at liberty to except
those ports and places in which the admission and
residence of consu vice consuls, commercial agents
may not appear convenient
Art. 90 Whenever either of the contracting parties
chooses for consul consular agent In any commercial
port place of the party citizen OF this last such
consul or consular agent his character
of foreign consul shall continue to be considered cit
zen Of the nation which he belongs and SUCH sub.
ec the laws and regulations as the natives OF
the place his residence This however shall interfere
in no wise with the performance his functions
sui nor with the nvioabity Of the consular archives
Art 81. Said consuls, vice consuls, and commercial
agents are authorized to require the assistance OF tn
local authorities for the examination arrest detention
and imprisonment of deserters from merchant vessels
and vessels Of Of their country For this purpose
they shall have recourse to the competent tribunals
judges and employees and shall reclaim in writing said
derers proving, by the exhibition OF the register OF
the vessel by the roll Of the by other proper
documents that such individuals formed portion Of the
crew and when the reclamation shall be thus sustained
the delivery shall be refused. When such deserers