Year: 1861

| goods being always excepted. Il is
also agreed, in like manner, that the
same liberty be extended to persons
who are on board free ship, with
this effect, that although they be cne-
mics to either party they are not to
be taken out Of that free ship unless
they are soldiers, and in actual SER
vice OF the enemy.
| rre-. -z ARTICLE XIV. ....


In time of war the merchant ships
belonging to the citizens OF either Of
the contracting 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 shall be just grounds of suspi-
cion shall be obliged to exhibit as
well upon the high seas as in the
ports or roads not only their passports
but likewise their certificates, showing
that their goods are not of the quality
of those which are specified to be
contraband in the thirteenth article of
the present convention.
ARTICLE XVI.


And that captures on light suspi-
cions may be avoided, and injuries
thence arising prevented. it 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 to the citizens of the
neutral party ; they shall be valid for
any number of voyages, but shall be
renewed every year-that is if the
ship happens to return home in the
space Of year If the ships are la
den. they shall be provided, not only
with the passports above mentioned,
but also with certificates, so that it
may be known whether they carry
any contraband goods. No other pa
per shall be required, any usage or
ordinance to the contrary notwith-
standing. And if it shall not appear
from the said certificates that there
are contraband goods on board the
ships shall be permitted to proceed on
their voyage. If it shall appear from
the certificates that there are contra
band goods on board any such slip,
and the commander Of the same shall
offer to deliver them up the offer shall
be accepted, and q receipt for the same
shall be given, and the ship shall be
at liberty to pursue its voyage unless
the quantity of the contraband goods
be greater than can conveniently be
received on board the ship-of-war or
privateer, in which case. as in all 9TH
cr cases Of just detention, the ship
shall be carried into the nearest safe
and convenient port for the delivery
! of the same. .at a+i


IL any ship shall not be furnished
with such passport or certificates as
are above required for the same, such
case may be examined by a proper
judge or tribunal, and If it shall APP
pear from other documents or proofs,
admissible by the usage of nations,
that the ship belongs to the citizens
or subjects of the neutral party, it
shall not be confiscatcd, but shall be
released with her cargo, (contraband
goods excepted,) and be Aermitted 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,
and another put in his place. the ship
and cargo shall, nevertheless, be
equally secure, and the passport re-
main in full force.


ARTICLE XVII.


If the ships of the citizens of either
Of the parties shall be met with on the
high seas, by any ship-of-war or priva-
tccr Of the other, for the avoiding of
any disorder the said ships-of-war OF
privatecrs shall remain out of cannon
shot, and may send their boats on
board the merchant ship which they
shall so meet with, and may enter her
to the number of two or three men
only, to whom the master or comman-
der of such ship shall exhibit his pass
port concerning the property Of the
ship; and it is expressly agreed that
the neutral party shall in no case be
required to so on board the cxamin-
ing vessel for tho purpose of exhibit
ing his papers, or for any other exam
inatiun whatever.


1t is expressly agreed by the high
contracting parties that the stipula-
tions above mentioned, relative to the
conduct to be observed on the sea by
the cruisers of the bellgerent party
towards the ships Of the neutral party,
shall be applicable only to ships sail
ing without convoy, and when the
said ships shall be conveyed, it being
the intention of the parties to observe
all the regards due to the protection
Of the flag displayed by public ships,
it shall not be lawful to visit them
but the verbal declaration of the CON-
mander of the convoy. that the ships
he conveys belong to the nation whose
flag he carries, and that they have no
contraband goods on board, shall be
considered by the respective cruisers
as fully sufficient the two parties re-
ciprocally engaging not to admit un-
der the protection of their convoy
ships which shall have on board con-
traband goods destined to an enemy.
asa ARTICLE XIX.


| In all cases where vessels shall be
captured or detained. to be carried in
to port under pretence Of carrying to
the enemy contraband goods, the cap
tor shall give receipt for such Of the
papers Of the vessel as he shall retain,
which receipt shall be annexed TO a
copy Of the said papers and it shall
be unlawful to break up or open the
matches, chests, trunks, casks, bales,
or vessels found OH board, or remove
the smallest part of the goods, unless
the lading be brought on shore in the
presence Of the competent officers, and
an inventory be made by them of the
Same. Nor shall it be lawful to sell,
exchange or. alienate the said articles
Of contraband in any manner, unless
there shall have been lawful process,