Fayette County herald. [volume] (Washington [Washington Court House], Fayette County, O. [Ohio]) 1860-1???, 1874-11-05
enemies whose Governments acknowledge this
principle, and not that of others.
ARTICLE XIX

enemies of the other, in virtue of the preced-
ing article neautral property found on board
enemies vessels shall likewise be considered
as enemies property, and shall be subject to
detention and confscation, unless it shall have
been put on board before the declaration of
war, or, even afterwards, if it were done with
out knowledge of such declaration; but the
contracting parties agree that ignorance can
not be alleged after the lapse of six months
from the declaration of war; on the contrary,
IN those cases where the flag of the neutral
does not protect enemies property which NAV
be found on board, the goods or merchandise
OF the neutral embarked in enemies vessels
shall be free.
ARTICLE Xxx.
The liberty of commerce and navigation
extend to all kinds of merchandise, except the
articles called contraband of war under which
name shall be comprehended:
1. Cannons, mortars, howitzers, swivels,
blunderbusses, muskets, fusees, rifles, car
bines, pistols, pixies, swords, sabres, lances,
spears, halberds, grenades, bombs, powder,
matches, balls, torPedoes, and everything be-
longing to the use of these arms.
2. Bucklers, helmets, breast-plates, coats of
mail, accoutrements, and clothes made up in
military form and for military use.
3. Cavalry belts and horses, with their har-
ness.
4. And, generally, all offensive and defens-
I've arms made of iron, steel, brass, copper, or
any other material. prepared and formed to
make war by land or at sea.
ARTICLE XXI.
All other merchandise and things not com
pretended in the articles of contraband ex-
plicitly enumerated and classified as above
shall be held and considered as free, and sub
jects of free and lawful commerce, so that they
may be carried and transported in the freest
manner by both the contracting parties, even
to places belonging to an enemy excepting on
lysthose places which are at that time beseiged
or bleckaded; and to avoid all doubt Ia this
particular, it is declared that those places on
ly shall be considered as beseiged or block
AIDED which are actually invested or attacked
by force capable of preventing the entry of
the neutral.
ARTICLE XXI.
The articles of contra band, or those before
enumerated and classified which may be found
in q vessel bound for enemy's port5 shall be
subject to detention and confscation, but the
rest of the cargo and the ship shall be left
free, that the owners may dispose of them as
they see proper. No vessel of either of the
contracting parties shall be detained on the
high seas account of having on board ar
ticles of contraband, whenever the master,
captain, or supercargo of said vessel will de-
liver up the articles of contraband to the cap
| tor, unless, indeed, the quantity of such arti-
cles be so great, or so large bulk, that they
cannot be received on board the capturing
vessel without great Inconvenience; but in
| this, and in all other cases of Just detention
the vessel detained shall be sent to the nearest
| convenient and safe port for trial and judg-
ment, according to law.
ARTICLE XIII.
And whereas it frequently happens that
vessels sail for a port or place belonging to an
enemy without knowing that 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
| l. 1oJ, Hall al bora
| if not contraband, be confscated, unles, after
| having been warned of such blockade or in
! vestment by a command ding officer of YES
| sci forming part of the blockading forces, she
] again attempts to enter; but she shall be per-
| mitted to go to any other port or place the
master or supercargo may think proper. Nor
shall any vessel of either party that may have
| entered into such port or place before the same
was actually beseiged. blockaded, or invested
| by the other, be restrained from leaving 1t
| with her cargo, nor, if found therein before or
after the reduction or surrender, shall such
| vessel or her cargo oe liable to seizure, con-
fiscation, or any demand on the score of re-
| demption or restitution, but the owners there
of shall remain in the undisturbed possession
of their property. And if any vessel having
thus entered the port before the blockade took
place shall take on board cargo after the
| blockade be established and attempt to de-
| part, she may be warned by the blockadlng
| forces TO return to the bloekaded port and dis
!
| such warning, the vessel shall persist in 60
| ing out with the cargo, she shall be liable to
| the same consequences as IN the case OF YES
| sci attempting to enter bloekaded port after
having been warned off by the bloekadlng
| forces
ARTICLE XIV.
To prevent disorder and irregularity in Wis
| iting and examining the vessels and cargoes of
both the contracting parties on the high seas, 4,
| they have agreed mutually that whenever q
vessel of war. public or private, shall meet
| with a neutral of the other party, the former
shall remain at the greatest distance eompati-
BILE with the possibility and safety of making
the visit, under the circumstances of wind and
sea, and the degree of suspicion attending the
vessel to be visited, and shall send one of her
small boats with more men than may be
necessary to execute the said examination of
the papers concerning the ownership and car
go of the vessel, without causing the least ex
tortion, violence, or ill-treatment, in respect
, of which the commanders of said armed ves-
sells shall be responsible with their persons
! and property; for which purpose the com
manders of said private armed vessels shall,
before receiving their commissions, give sufh-
cient security to answer for all the injuries
and damages they may commit. And 1t Is ex-
pressly agreed that the neutral party shall IN
no case be required to 60 on board OF the ex-
amining vessel for the purpose of exhibiting
the ships papers, nor for any other purpose
whatever.
ARTICLE XIV.
, Both contracting parties likewise agree that
when one of them shall be engaged in war the
vessels or the other must be furnished with
sea-letters, patents, or passports, IN which
= shall be expressed the name, burden OF the
t vessel, and the name and place or residence of
} the owner and master, or captain thereof, IN
order that it may appear that the vessel really
and truly belongs to citizens of the said other
party. 1t is also agreed that such vessel, be-
ing laden, besides the said sea-letters, patents
or passports, shall be provided with manifests
} or certificates, containing the particulars OF
f the cargo, and the place where 1t was taken
on board, so that it may be known whether
| any part of the same consists OF contraband q
| or prohibited articles; which certificate shall
be made out in the accustomed form by the
| authorities of the port whence the vessel
sailed; without which requisites the vessel
may be detained, to be adjudged by the com.
petent tribunals, and may be declared good
and legal prize, unless it shall be proved that
the said defect or omission was owing to acci-
dent, or unless it shall be satisfied or supplied
by testimony equivalent in the opinion of the
said tribunals, for which purpose there shall
be allowed a reasonable time to procure and
| present it.
ARTICLE XXVI.
The preceding stipulations relative to the
visit and examination of vessels shall apply
| only to those which sail without convoy for
when said vessels shall be under convoy, the
verbal declaration of the commander of the
convoy. on his word of honor, that the yes
sells under his protection belong to the nation
whose flag they carry, and, when they are
bound to an enemy's port, that they have RC
contraband goods on board, shall be sufficient
ARTICLE XVII.
; 1t is further agreed that, in all prizs-cases,
the courts specially established for such causes
in the country to which the prizes may bC
conducted shall alone take cognizanee o.
: them. And whenever said courts of eithsl
party shall pronounce judgment against any
| nrasSel rrnarcha rdisa or rnrnnertv olAirnad hV