1825 places of those who are now or hereafter shall be at enmity with either of the contracting parties. It shall likewise be lawful for the citizens aforesaid to sail with the ships and merchandise before-mentioned, and to trade with the same liberty and security from the places, ports and havens, of those who are enemies of both or either party, without any opposition or disturbance whatsoever, not only directly from the places of the enemy before-mentioned to neutral places, but also from one place belonging to an enemy, to another 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 every thing shall be deemed to be free and exempt which shall be found on board of the ships belonging to the citizens of either of the contracting parties, although the whole lading, or any part thereof, should appertain to the enemies of either, contraband goods being always excepted. It is also agreed, in like manner, that the same liberty be extended to persons who are on board a free ship, with this effect, that although they be enemies to both or either party, they are not to be taken out of that free ship, unless they are officers or soldiers, and in the actual service of the enemies: provided, however, and it is hereby agreed, that the stipulation in this article contained, declaring that the flag shall cover the property, shall be understood as applying to those powers only who recognize this principle; but if either of the two contracting parties shall be at war with a third, and the other neutral, the flag of the neutral shall Cover the property of the enemies whose governments acknowledge this principle and not of others.

ART. XV. It is likewise agreed, that in the case where the neutral flag of one of the contracting parties shall protect the property of the enemies of the other, by virtue of the above stipulation, it shall always be understood that the neutral property found on board such enemy's vessels shall be held and considered as enemy's property and as such shall be liable to detention and confiscation, except such property was put on board such vessel before the decla

ration of war, or even afterwards, if it were done 1825 without the knowledge of it; but the contracting parties agree, that two months having elapsed after the declaration, their citizens shall not plead ignorance thereof. On the contrary, if the flag of the neutral does not protect the enemy's property, in that case the goods and merchandise of the neutral, embarked in such enemy's ships shall be free.

ART. XVI. This liberty of navigation and cominerce shall extend to all kinds of merchandise, excepting those only which are distinguished by the name of contraband, and under this name of contraband, or prohibited goods, shall be comprehended

1. Cannon, mortars, howitzers, swivels, blunderbusses, muskets, fuzees, rifles, carbines, pistols, pikes, swords, sabres, lances, spears, halberds and grenades, bombs, powder, matches, balls and all other things belonging to the use of these arms.

2. Bucklers, helmets, breast-plates, coats of mail, infantry belts and clothes, made up in the form and for a military use.

3. Cavalry belts and horses with their furniture.

4. And generally all kinds of arms and instruments of iron, steel, brafs and copper, or of any other materials manufactured, prepared and formed exprefsly to make war by sea or land.

ART. XVII. All other merchandise, and things not comprehended in the articles of contraband explicitly enumerated and classified as above, shall be held and considered as free, and subjects 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 those places which are at that time besieged or blockaded; and to avoid all doubts in this particular, it is declared that those places only are besieged or blockaded which are actually attacked by a belligerent force capable of preventing the entry of the neutrals.

ART. XVIII. The articles of contraband, before enumerated and classified, which may be found in a

1825 vessel bound for an enemy's port, leaving free the rest of the cargo of the ship, that the owners may dispose of them as they see proper. No vessel of either of the two nations shall be detained on the high seas on account of having on board articles of contraband, whenever the master, captain, or supercargo, of the said vessels will deliver up. the article of contraband to the captor, unless the quantity of such articles be so great and of so large à bulk that they cannot be received on board the capturing ship 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 judgment according to law.

ART. XIX. And whereas it frequently happens that vessels sail for a port or place, belonging to an enemy, without knowing that the same is besieged, 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, be confiscated, unlefs, after warning of such blockade or investment from the commanding officer of the blockading forces, she shall again attempt to enter; but she shall be permitted to go 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, blockaded, 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 confiscation, but they shall be restored to the owners thereof.

ART. XX. In order to prevent all kind of disorder in the visiting and examination of the ships and cargoes of both contracting parties on the high seas, they have agreed mutually that whenever a vessel of war, public or private, shall meet a neutral of the other contracting party, the first shall remain out of cannon shot and may send its boat, 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 extortion, violence, or ill-treatment, for 1825 which the commanders of the said armed ships shall be responsible with their persons and property; for which purpose the commanders of the said private arned vessels shall, before receiving their commissions, give sufficient security to answer for all dainages they inay commit. And it is exprefsly agreed, that the neutral party shall in no case be required to go on board the examining vessel for the purpose of exhibiting her papers, or for any other purpose whatever.

ART. XXI. To avoid all kind of vexation and abuse in the examination of the papers relating to the ownership of the vessels belonging to the citizens of these contracting parties, they have agreed, and do agree, that in case one of them should be engaged in war, the ships and vessels belonging to the citizens of the other must be furnished with sealetters, or palsports, expressing the name, property and bulk of the ship, as also the name and place of babitation of the master or commander of said vessel, in order that it may hereby appear that the ship really and truly belongs to the citizens of one of the parties; they have likewise agreed that, such ships, being laden, besides the sea-letters or palsports, shall also be provided with certificates, containing the several particulars of the cargo, and the place whence the ship sailed, so that it may be known whether any forbidden or contraband goods 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 which requisites, said vessels may be detained to be adjudged by the competent tribunal, and may be declared legal prize unlefs the said defects shall be satisfied or supplied by testimony entirely equivalent.

ART. XXII. 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 convoy; and when said vessels shall be under convoy, the declaration of the commander of the convoy on his word of honour, that the vessel under his protection belongs to the nation

1825 whose flag he carries, and when they are bound to an enemy's port, that they have no contraband goods on board, shall be sufficient.

ART. XXIII. It is further agreed, that in all cases the established courts for prize causes, in the country to which the prizes may be conducted, shall alone take cognizance of them. And whenever such tribunal of either party shall pronounce judgment against vessels or goods or property claimed by the citizens of the other party, the sentence or decree, shall mention the reasons or motives on which the same shall have been founded, and an authenticated copy of the sentence or decree, and of all 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.

ART. XXIV. Whenever one of the contracting parties shall be engaged in war with another state, no citizen of the other contracting party shall accept a commission, or letter of marque, for the purpose of assisting or co-operating hostilely with the said eneiny, against the said party so at war, under the pain of being treated as a pirate.

ART. XXV. If, by any fatality which cannot be expected, and which God forbid, the two contracting parties should be engaged in war with each other, they have agreed and do agree, now for then, that there shall be allowed the term of six months to the merchants residing on the coasts and in the ports of each other, and the term of one year to those who dwell in the interior, to arrange their businefs, and transport their effects wherever they please, giving them the safe conduct necessary for it, which may serve as a sufficient protection until they arrive at the designated port. The citizens of all other occupations, who may be established in the territories or dominions of the united States and of the federation of the centre of America, shall be respected and maintained in the full enjoyment of their personal liberty and property, unlef's their particular conduct shall cause them to forfeit this protection, which in consideration of humanity, the contracting parties engage to give them.