Worcester daily spy. [volume] (Worcester [Mass.]) 1850-1888, 1863-02-03


tomary with the vessels of the nation where
the damage happens, permitting them to I'M
load the said vessel, if pecessary, of its mer-
chandize and effects, without eXacting for it
any duty, impost, or contribution whatever
ARTICLE XI.-All the ships, merchandise,
and the effects belonging to the citizens of tho
contracting parties, which may be captured
by pirates, whether within the limits of its u-
risdicton or on the high seas, and may be
carried or found in the rivers, roads, BAYS,
ports or dominons of the other, shall be de-
ivered up to the owners, they proving, in due
form, their rights before the competent tribu-
nails; it being well understood that the claim
should be made within the term of one year,
by the parties themselves, their attorneys or
agents, OF their respective governments.
ARTICLE XII.-The citizens of each of the
contracting parties shall have power to dispose
of their personal goods within the jurisdiction
of the other, by sale, donation. testament or
otherwise, and their representatives, being cit
liens of the other party, shall succeed to their
said personal goods, whether by testament or
a6 lnteStdto, and they may take possession
thereof either by themselves, or others acting
for them, and dispose of the same at their
will, paying such duties only as the inhabi-
tants of the country where such good are,
shall be subject to pay in like cases. And if,
in the case of real estate, the said heirs would
be prevented from entering into the posses
sion of the inheritance on account of their
character of aliens, there shall be granted
them the longest period allowed by the law to
dispose Of the same as they may think proper,
and TO withdraw the proceeds without modest
alton; nor any other charges than those which
are imposed by the laws of the country.
ARTICLE XIII.-Both the contracting par
ties promise and engage, formally to give
their special protection to the persons and
property of the citizens of each other, of all
occupations, who may be in the territories
subject to the jurisdiction of the one or the
other, transient or dwelling therein, leaving
open and free to them the tribunals of Justice,
for their judicial recourse, on the same terms
which are usual and customary with the ma
tons of the country; for which they may en-
plOy, in defence of their rights, such advocates
solicitors, notaries, agents, and factors, as
they may Judge proper, in all their trials at
law; and such citizens or agents shall have
free opportunity to be p~esent at the accusa-
tons and sentences of the tribunals in all
cases which may concern them; and likewise
at the taking of all examinations and evidence
which may be exhibited on the said trials in
the manner established by the laws of the
country. If the citizens of one of the con-
tracing parties, in the territory of the other,
engage in internal political questions, they
shall be subject to the same measures of pun
ishment and prosecution as the citizens of the
country where they reside.
ARTICLE XIV.-Thc citizens of the two
contracting parties shall enjoy the full liberty
of conscience in the countries. subject to the
jurisdiction of the one or the other, without
being disturbed or mQlested on account of
their religious opinions provided they respect
the laws and established customs of the coun-
try. And the bodies of the citizens of the one
who may die in the territory of the other
shall be inferred in the public cemeteries, OF
in other decent places of burial, which shall
be protected from all violation orinsut by the
local authorities.
ARTICLE XV.-It shall be lawful for the
citizens of the United States of America and
of the republic of Bolivia, to sail with their
ships, with all manner of liberty and security,
no distinction being made who are the propri-
etors of the merchandise laden thereon from
any port to the place of those who now
are or hereafter shall be, at enmity with the
contracting parties. 1t shall likewise be law
full fer the citizens aforesaid to sail with their
ships and merchandises before mentioned, and
to trade with the same liberty and security,
not only from places and ports Of those who
ports of the other, and to neutral places, but
also from one place belonging to an enemy to
another place belonging to an enemy, wheth-
er they be under the jurisdiction of one power
or Of several,
ARTICLE XVI.-The two high contracting
parties recognize as permanent and immut-
able the following principles, to wit
LIST. That free ships make free goods; that
is to say, that the effects or goods belonging
to subjects or citizens of a power or state at
war are free from capture or confscation
when found on board of neutral vessels, with
the exception of articles contraband of war.
I'd. That the property of neutrals on board
an enemy's vessel is not subject to cOnfisca-
ton, unless the same be contraband of war.
The like neutrality shall be extended to
persons who are on board neutral ship, with
this effect, that although they may be enemies
to both, or etherparty, they are not to be ia
ken out Of that ship. unless they are officers
or soldiers, and in the actual service of the
enemies. The contracting parties engage to
apply these principles to the commerce and
navigation Of all such powers and states as
shall consent to adopt them as permanent and
immutable.
ARTICLE XVII.-The liberty of navigation
and commerce shall extend To all kinds of
nlefcndnulSc, excepting lHOSe OHly WHICH are
distinguished by the name Of contraband of
war, and under this name shall be compre-
hended-
LIST. Cannons, mortars, howitzers, swiyels,
blunderbusses, muskets, fuses, rifles, car
bines, pistols, pixies, swords, sabres, lances,
spears, halberds, and grenades, bombs, pow
der, matches, bells, and all other things be-
longing 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 military use.
3D.. Cavalry belts, and horses, with their
furniture.
4th. And, generally, all kinds of arms, of
fensive and defensive, and instruments of
iron. steel, brass, and copper, or any other
materials, manufactured prepared, and form
ed expressly to make war by sea or land
ARTICLE XVIII.-AIl other merchandises,
and all things not comprehended in the arti
cles of contraband explicitly enumerated and
classified as above, shall be held and consid-
cred as free and subjects of free and lawful
commerce, so that they may be carried and
transported in the freest manner by the citi-
zens of both the contracting parties, even to
places belonging to an enemy, excepting only
those places which are at that time besieged
or blockaded, and to avoid all doubt in this
particular, it is declared that those places or
ports only are beSieged or blockaded which
are actually attacked by belligerent force
capable of preventing the entry of the
neutral.
ARTICLE XIX.-The articles of eontraband
before enumerated and classified which may
be found in vessel bound to an enemy's port