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

happens that vessels sail for port or places
belonging to an enemy without knowing that
the same is beseged, blockaded, or invested,
1t is agreed that every vessel so circumstanced
may he turned away from such port or place,
but shall not be detained; nor shall any part
of her cargo, if not contraband. be confiscat-
ed, unless, after wafiling of such blockade or
investment from any officer commanding
vessel of the blockading forces, they shall
again attempt to enter; but she shall be per-
mltted to 90 to any other port or place she
shall think proper. Nor shall any vessel of
either, that may have entered into such port
before the same was actually besieged, block
AIDED, or invested by the other, be restrained
from quitting such place with her cargo nor,
If found therein after the reduction and sur
render, shall such vessel or her cargo be la
bic to contiScatiOn, but they shall be restored
to the owners thereof
ARTICLE XXl.-ln order to prevent all
kind of disorder in She visiting and examina-
ton of the ships and cargoes of both the CON
tracing parties on the high seas, they mutu-
ally agree, that, whenever vessel of war
shaii meet with neutral of the other con-
tracing party, the first shall remain at n con-
venient distance, and may send its boats with
two or three men only, in order to execute
the said examination Of the papers concerning
the ownership and cargo of the vessel, with
out causing the least extortion, violence, or
Ill treatment, for which the commanders of
the said armed ships shall be responsible with
their persons and property; for which pur-
pose the commanders of private armed yes
sells shall, before receiving their commissions,
give sufficient security to answer for all the
damages they may commits and it is express
ly agreed that the neutral party shall in no
case be required to go on board the examining
vessel for the purpose of exhibiting his pa
pers, or for any other purpose whatever.
ARTICLE XX1I-To avoid all kind of vex-
alton and abuse in the examination of the pa
pers relating to the ownership of the vessels
belonging to the citizens of the two contract
ing parties, they agree, that, in case one of
them should be engaged in war, the ships and
vessels belonging to the citizens of the other
mast be furnished with sea letters or pass
ports, expressing the name, property, and
bulk of the ships, as also the name and place
OF habitation of the master and commander of
said vessel, in order that it may thereby APP
pear that said ship truly belongs to the citi-
zens of one of the parties They likewise
agree that such ships being laden, besides the
said sea letters or passports. shall also be pro-
Vlded with certificates, containing the several
particulars of the cargo, and the place whence
the snip sailed, so that it may be known
"hSNhNi any Ut cOntfhDHnu UOOuS
be on board the same which certificates shall
be made out by the officers of the place
whence the ship sailed, in the accustomed
form; without such requisites NAV be detained
to be adJudged by the competent tribunal, and
may be declared legal prizes, unless the said
defect shall prove to be owing to accident,
ana supplied by testimony entirely equivalent
ARTICLE XXIII.-It is further agreed that
the stipulations above expressed relative to
the visiting and examination of vessels shall
apply only to those which sail without CON
Voy; and when said vessels shall be under
convoy, the verbal declaration of the com
mander OF the convoy, on his word of honor,
that the vessels under his protection belong
to the nation whose flag he carries, and when
they are bound to an enemy's Fort, that thew
have no contraband goods on board, shall be
sufficient.
ARTICLE XXIV.-It is further agreed that
in all cases the established courts for prize
causes in the country to which the prizes NAV
be conducted, shall alone take the cognizance
Of them; and whenever such tribunals of eli
ther party shall pronounce Judgment against
any vessel or goods, or property claimed by
the citizens of the other party, the sentence
or decree shall mention the reasons or mo-
tiyes on which the same shall have been
founded, aid an authenticated COPY of the
sentence or decree, and of all the proceedings
In the case, shall, if demanded be delivered
to the commander or agent of said vessel,
without any delay, he paying the legal fees
for the same
ARTICLE XXV.-No citizen of the republic
OF Bolivia shall take any commission or let
tiers of marque for armng any ship or ships
to act as prvateers against the said United
States, or any of them, or against the citizens,
people, or inhabitants of the said United
states, or any OF them, or against the property
OF any OF the Inhabitants of any of them, from
any prince or state with which the said United
States shall be at war; nor shall any citizen
or inhabitant Of tho United States, or any of
them, take any commission or letters of
marque for arming any ship or ships to act as
prlvateers against the citizens of the republic
of Bolivia, or any Of them, or the property of
any of them, from any prince or state with
which the said republic of Bolivia shall be at
war; and if any person of either nation shall
take such commissions or letters of marque,
he shall be punished according to their re-
spective laws.
ARTICLE XXVI.-In accordance with fixed
principles of international law, Bolivia regards
the rivers Amazon and La Plata, with their
tributaries, as highways or channels opened
by nature for the commerce of all nations In
virtue Of which, and DESTROYS of promoting an
exchange OF productions through these chan
nels, she will permit and invites commercial
vessels ofall descriptions of the United States
and OF all other nations of the world, to nav
igate freely in any part of their courses which
pertain to her, ascending those rivers to Boil
Wan ports, and descending therefrom to the
ocean, subject only to the conditions estab-
lished by this treaty, and to regulations sane
toned, or which may be sanctioned. by the
national authorities of Bolivia not inconsistent
with the stipuatons thereof.
ARTICLE XXVII.-The owners or COM
mandeTs of vessels of the United States enter
ing the Bolivian tributaries of the Amazon or
La Plata shall have the right to put up OF
construct, in whole or in part, vessels adapted
to shoal-river navigation, and to transfer their
cargOes to them without the payment of add
tional duties and they shall not pay duties of
any description for sections or pieces of yes
sells, nor for the machinery or materials which
they may introduce for use in the construct
ion Of said vessels.
All places accessible to these, or other yes
sells of the United States, upon the said Boiv-
ian tributaries of the Amazon or La Plata,
shall be considered as ports open to foreign
commerce and subject to the provisions of
this treaty, under such regulations as the gov
eminent NAV deem necessary to establish for
the collection of custom-house, port, hight
house, police, and pilot duties. And such
vessels may discharge and receive freight or
cargo being effects of the country or foreign,
at any one of said ports, Notwithstanding the
e ifale