New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1872-12-11
to create an evident danger on their part to
attempt it.


And whereas it frequently happens that
vessels sail for a port or place belonging TO
| an enemy without knowing the same is be
seiged, blockaded, or invested, it is agreed
that.every vessel SO circumstanced may be
turned away from such port or place, but
shall not be detained, nor shall any part OF
her cargo, if not contraband of war, be con
fiscated, unless, after a warning OF such
blockade or investment from an officer com
handing a vessel of the blOckading forces,
| by an Endorsement of such officer on the
papers of the vessel, mentioning the date
and the latitude and longitude where such
| Endorsement was made, she shall again at
tempt to enter; but she shall be permitted
to 90 TO any other port or place she email
think proper. Nor shall any vessel Of either,
that may have entered into such port before
the same was actually beBeiged, b!ockaded,
or invested by the other, be restrained from
quitting such place with her cargo, nor,
if found therein after the reduction and
surrender, shall such vessel or her
cargo be liable to ConfscatiOn, out they
shall be restored to the owners thereof; and
ii any vessel, having thus entered any port
before the blockade took place, shall take
on board cargo after the blockade be es-
tablished, she shall be subject to being
warned by the blockading forces to return
to the port hlockaded and discharge the
said cargo, and il, alter receiving the said
!
ont with the cargo she shall be liable TO
the same consequences as a vessel attempt
ing to enter blockaded port after being
warned off by the blockading forces.
ARTICLE XIV.
The liberty Of navigation and commerce
secured to neutTals by the stipulari0ns OF
this treaty shall extend to all kinds of mer
chandise, excepting those only which are
distinguished by the name Of contraband of
war And, in order to remove all causes of
doubt and misunderstanding upon this sub
ject, the contracting parties expressly agree
and declare that the following articles, and
no others, shall be considered as c0npre-
hended under this denomination:
l. CannOns, mOrtars, hOwitzers. swiveis,
| blunderbusses, muskets, frlsees, rifles, car
| bines, pistols, pixies, swords sabres, lanees
| spears halberds, bombs, grenadee, POWDER
matches. balls, and all other things belong
ing to, and expressly manufactured for, the
| use of these arms.
2. Infantry belts, implements of war and
defensive weapons, clothes cut or made up
in a military form and for military use.
3. Cavalry belts, war saddles and boil
sters.
4. And generally all kinds of arms and
instruments of iron, steel, brass, and cop
| per, or of any other materials manutaC-
| tured, prepared, and formed expressly to
make war by sea or land.
ARTICLE XVI.
1t shall be lawful for the citizens of the
| United States, and for the subjects Of the
| Kingdom of Italy, to sail with their ships
! with all manner Of liberty and security, no
| distinction being made who are the pro-
prietoTs of the merchandise laden thereon,
| from any port to the places Of those who
now are, or hereafter shall be, at enmity
with either of the contracting parties. 1t
| shall likewise be lawful for the citizens
aforesaid to sail with the ships and mer
| Chandise before mentioned, and to trade
with the same liberty and security from the
| places, ports, and Ravens OF those who are
enemies Of both OF either party without any
| opposition or disturbance whatever, not
only directly from the places of the enemy
| before mentioned to neutral places but also
| from one place belonging to an enemy to an
other place belonging to an enemy, whether
they be under the jurisdiction of one power
or under several; and it is hereby stipulated
that free ships shall also give freedom to
goods, and that everything shall be deemed
to be free and exempt. from capture which
shall be found on board the ships belonging
to the citizens of either of the contracting
parties, although the whole lading or any
part thereof should apperLain to the enc
mics OF the other, cOntraband goods being
always excepted. 1t is also agreed, in like
manner. that the same liberty be extended
to persons who are on board Of a free ship:
and they shall not be taken out of that free
ship unless they are officers or soldiers, and
in the actual service of the enemy; pro
Vided, however, and it is hereby agreed
that the stipulatiOns i'll this article con
tanned, declaring that the flag shall cover
the property, shall be understood ss apply |
ing to those powers Onl Y who recognize this |
principle, but if either of the two contract
ing parties shall be at war with q third, and
the other neutral, the flag of the neutral
shall cover the property of enemies whose
governments acknowledge this principle,
and not CT others.
ARTICLE XVIJ
All vessels sailing under the flag of the
United States and furnished with such pa
pers as their laws require, shall be regarded
in Italy as vessels Of the United States, and
reciprOcally, all vessels sailing under the
flag of Italy, and furnished with the papers
which the laws of Italy require, shall be
regarded in the United States as Italian
vessels.
ARTICLE XVIII.
In order to prevent all kinds of disorder
in the visiting aid examination Of the ships
and cargOes of both the contracting parties
on the high seas, they have agreed, mutu-
ally, that whenever vessel OF war shall
meet with a vessel not of war of the other
cont actlng party, the first shall remain at
/ with two or three men only, in order to
execute the said examination Of the papers,
concerning the ownership and cargo OF the
vessel, without causing the least eXtOrton,
violence or i'll treatment: and it is expressly
agreed that the unarmed party shall III no
case be required to go on board the eXamin-
ing vessel for the purpose OF exhibiting his
papers, or for any other purpose whatever
ARTICLE XIX.
Il is agreed that the stipulations contained
in the present treaty, relative to the visit
ing and examining OF a vessel, shall apply
only TO those which sail without a convoy;
and when said vessels shall be under con
vov the verbal declaration OF the COM
nander OF the convoy, on his word of honor,
that the vessels under his protection belong
to the nation whose flag he carries, and
when bound to an eneny's port; that they
have no contraband goods on board, shall
be sufficient.
ARTICLE Xxx.
In order etfectualIy to provide for the
security Of the citizens and subjects of the
contracting parties, it is agreed between
them that all commanders OF ships OF
war of each party, respectively shall be
strictly eni0ined to forbear from doing any
damage to, OF committing any outrage
against, the citizens or subjects of the
other, or against their vessels or property;
and if the said commanders shall act con
trary to this stipulation, they shall be Sc
vereIy punished, and made answerable in
their persons and estates for the satisfaction
and reparation Of said damages OF wha5- |
ever nature they may be.
ARTICLE xxi