Worcester daily spy. [volume] (Worcester [Mass.]) 1850-1888, 1861-10-29
salvage as the said inhabitants would be liable to


able in like cases by national vessels.
1t Is understood nevertheless that if, while the
vessel Is under repair the cargo shall be unladen
and Kept i'll place of deposit destined for the re-
ceplion of goods the duties which have not been
paid, the cargo shall be liable TO the charges and
ices lawfully due to the keepers Of such ware
houses
ARTICLE XII 1t shall be lawful for the citizens
of either country 10 sail with their ships and mer-
chandse, (cOntTaband goods always excepted. )irom
any port whatever, 10 any port of the enemy OF the
other and TO sail and trade with their ships and
merchandise with perfect security and liberty, from
the countries, ports, and places of those who
enemies of either party, without any opposition
disturbance whatever and TO pass not only directly
from the places and ports OF the enemy aiore men
toned to neutral ports and places, but also from
one place belonging to an enemy to another place
belonging to an enemy, whether they be not
der the jurisdiction Of the same power unless such
invested.
And whereas it frequently happens that vessels sail
Tor port or place belonging to an enemy, without
knowing that the same is either beseged, bockaded,
OF invested it is agreed that every vessel ciIcum
stanced may be turned away from such port or
place, but she shall not be detained, any part of
her cargo ii not contraband be contiscated unless,
after notice OF such blockade or investment, she shall
again attempt to enter; but she shall be permitted
10 go 10 any DINER port OF place she sh3il tk prop
err provided the same be not biOckaded besieged,
or invested. Nor shall any vessel OF either OF the
parties nat may have entered into such port or place
before the same actually besieged blockaued, OF
invested by the other be restrained II ON quitting
such place with hcrcargo, il found therein after
EesseL or er cargo be able to eonilscalon but they
shall be restored to the owners thereof.
ARTICLE l3. In order TO regulate what shall be
deemed contraband OF war, there shall be comprised
under that denomination gunpowder, saltpctIe, pc
taruS. matches, balls bombs, grenaGes, carcasses,
pixies, halberds swords belts, pistols, holsters cav.
airy saddles, and furniture cannOns mortals, their
carriages and beds, and generally all kinds OF arms
ammunition of war and instruments fit Tor The
oil troops all the above articles, WheHeF er they
destined to the port OF an enemy, aIe hereby de.
cared to be cOntraband, and just objects OF conis-
eaton; but the vessel i'll which they laden, and
the residue OF the cargo, shall be considered Tree,
and not III any manner injected by the prohibited
soods, whether belonging to the same or different
owner.
ARTICLE XIV. 1t is hereby stipulated that free
ships snail give freedom to goods, and that every
thing shall be deemed to be free and exempt which
shall be found on board the ships belonging TO the
citizens OF either Of the contracting parties, although
the whole lading, any part thereof. should apper
tam to the enemies of either, cOntraband goods be-
ing always excepted. 1t is also agreed, i'll like man
ner, that the same liberty be extended to persons
who are on board free ship, with this effect that
although they may be enemies to either party, they
are nor to be taken out of that free ship unless they
are soldiers, and in actual service of the enemy.
ARTICLE XIV. In time OF war the merchant ships
belonging the citizens oil either OF the contract
ing parties which shall be bound to port OF the
enemy OF one of the parties, and concerning whose
voyage and the articles of their cargo there sha! be
just grounds of suspicion shall be Obliged to e hib
1t Us well upon the nigh in the ports roads
not only their passports but likewise their certif
Gates, showing that their goods are not OF the quail
" OF those winch are SpeCHeu 10 De COitraDdud
the thirteenth article OF the present convention.
ARTICLE XVI. And that captures ON light suspi
clons may be avoided and injuries thence arising
preNenied il is agreed that when one party shall be
engaged in war, and the other party be neutral, the
ships Of the neutral party shall be furnished with
passports, that it may appear thereby that the ships
really belong 10 the citizens OF the neutral party;
they shall be valid Tor any humber OF voyages, but
snail be renewed every year-that is ii the slip hap
pens to return home i'll the space of year, If tie
ships arc laden they snail be provided not only with
the passports above mentioned, but also with certil
Gates so that it may be known whether they carry
any c0htlabanu goods, No other paper shall beie-
CURED, any usage ordinance 10 the contrary not
Wlthstam!lng. And if il shall not appear from the
said certiheaies that there are cOntIaband goods on
board, the ships shall be permitted TO proceed
their voyage Hit shall appear from the certificates
That there are c0ntraband goods on board. any such
snip, and the commander Ut the same shall O1lcr to
deliver them up. the offer snail be accepted, and
receipt for the same stall be given. ami the ship
shall be nj liberty to pursue IFS voyage, unless tho
quantity OF the conuaband goods be greater Than
can conveniently be received on board the ship-oi-
priraeer, in which case i'll all oth9l asss
o. just oeenil9 5J I det port Tor Inc delivery Of
he Ii san same
1t any ship shall not be furnished with such pass
port or certificates are above required Tor the
same, such case may be examined by proper judge
OF tribunal, and il it shall appear from other dOcu-
mcnts proofs, admissible BY the usage of nations,
that the ship belongs to tie citizens subjects OF
the neutral party, il shall not be c0niiseated, but
shall be released with her cargo, cOntIaband goods
eAcePted,) and be permitted TO proceed On her
voyage.
Ii the master OF ship, named in the passport,
should happen to die, or be removed by any other
cause, aud another put i'll his place, the ship and car
90 Shall, nevertheless, he equally secure, and the
passport remain in full force
ARTICLE XVII. II the ships of the citizens Of
either Of the parties shall be met with the high
seas, by any ship-Ofwar or pryateer OF the other
for the avoiding of any disorder the said ships OF
war or priyaeels shall remain out ocannon shUt,and
may send their boats board the merchant ship
winch they shall so meet WITH and may enter her
10 the number OF Two or three men only, to whom
his passport concerning the property OF the ship and
1t is expressly agreed that the neutral party snail il
no case be required to 90 on board the examining
vessel Tor the purpose of exhibiting his papers, or
for any other examination whatever.
ARTICLE XVIII. II is expressly agreed by the
high contracting parties that the supuatIons above
mentioned, relative to tie conduct to lie observed
on the sea by the cruisers OF the belgercnt party
towards the ships OF the neutral party, shall be ap
picable only TO ships sailing without convoy, ald
when the said ships shall be conveyed, it being tie
intention of the parties 10 observe all the regards
due to the protection of the flag dlspayed by public
ships, it shall he law full to visit them; but lie
verbal declaration of the commander OF the
yOy, that the ships he conveys belong the nation
whose flag he carries, and that they have no contra
band goods on board, shall be considered by the
respective cruisers as FULLY suicie the two parties
reclpfocally engaging not TO admit unuer Inc pro-
lection OF their conveys ships which shall have on
board contraband goods destined to an enemy.
ARTICLE &IX In ali where vessels shall
be captured detained, to be carried into port
der pretence oil carrying to the enemy contTabaId
goods, the captors shall give receipt for such of
the papers OF the vessel as lie shall retain, which
receipt shall be annexed to copy Of the said pa
pers, and it shall be unlawful to break up OF open
the matches, chests trunks, casks, bales vessels
found ON board, OF remove the smallest part OF the
goods unless the ladng be brought on shore pres
of the competent officers, and an inventory be
made by them OF the same Nor shall it be lawful
to sell, exchange, or ALLEVIATE the said articles OF
contraband in any manner, unless there shall have
been lawful process, and the competent judge, or
judges, shall have pronounced against goods SEN
tence OF cOntscation.
ARTICLE Xxx. And in such time of war, that pro,
per may be taken of the vessel and cargo, and
embezzement prevented, it is agreed that it shall
not be lawful to remove the master, commander, or
supercargO of any captured ship from on board
thereof during the time the ship may be at sea after
her capture, pending the proceedings against her.
or her cargo, or any thing relating thereto; and in
all where vessel OF the citizens OF either par
ty shall be captured seized and held for adJudca
ton, her officers passengers, and crew snail be nos
pitably treated. They shall not be imprisoned or
the possession and use of their money, not exceed
ing Tor the captain, supercargo, and mate nve nun
dred dollars each, and for the sailors ana passen-
gers hundred dollars each.
ARTICLE NXI, 1t is further agreed that in all
cases the established courts for prize causes i'll the
country to which the prizes may be conducted, shall
alone take cognizance OF them. And whenever such
tribunal of either OF the parties shall pronounce
judgment against any vessel, or goods or property
claimed by the citizens OF the other party, the sem
tence or decree shall mention the reasons or mo-
tiyes on which the same shall have been found
ed, and an authenticated copy OF the sentence
Decree and of all the proceedings in the case shall,
if demanded, be delivered to the commander
agent of the said vessel without any delay, he pay
ing the legal fees for the
ARTICLE XXII And that more abundant care
may be taken for the security of the citizens of the
contracting parties and to prevent their suffering
INJURIES all commanders of ships of war and priya-
teers and all Others the said citizens shall iorbear
doing any damage to those of the -other party or
committing any outrage against them, and il they