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the duties on which have not been paid, the cargo shall be liable to the charges and fees lawfully due to the keepers of such warehouses.
It shall be lawful for the citizens of either country to sail with their ships and iuerchaudi.se (contraband goods always excepted) Tniin (•„„ ,„j from any port whatever, to any port of the enemy of the t° •»•-«'•• i->«-other, and to sail and trade with their ships and merchandise, with perfect security and liberty, from the countries, ports, and places of those who are enemies of either party, without any opposition or disturbance whatsoever, and to pass not only directly from the places and ports of the enemy aforementioned, to neutral ports and places, but also from one place belonging to an enemy to another place belonging to an enemy, whether they be or be not under the jurisdiction of the same power, unless such ports or places be effectively blockaded, besieged, or invested.
And whereas it frequently happens that vessels sail for a port or place belonging to an enemy without knowing that the I,,)lnJ,.J „ same is either besieged, blockaded, or invested, it is agreed that every vessel so circumstanced may be turned away from such port or place, but she shall not be detained, nor any part of her cargo, if not contraband, be confiscated, unless, after notice of such blockade or investment, she shall again attempt to enter; but she shall bo permitted to go to any other port or place she shall think proper; provided the same be not blockaded, besieged, or invested. Nor shall auy vessel of either of the parties that may have entered into such port or place 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 of such place, shall such vessel or her cargo be liable to confiscation, but they shall be restored to the owners thereof.
The liberty of navigation and commerce shall extend to all kiuds of merchandise, excepting those only which are distinguished
. '. . i i i .» t • Contraband of »».
by the name ot contraband of war, and under this name shall be comprehended.—
1. Cannons, mortars, howitzers, swivels, blunderbusses, muskets, fusees, rifles, carbines, pistols, pikes, swords, sabres, lances, spears, halberds, grenades, bombs, powder, matches, balls, and everything belonging to the use of arms.
2. Bucklers, helmets, breast-blates, coats of mail, accoutrements, and clothes made up in military form and for military use.
;j. Cavalry belts and horses, with their harness.
4. And, generally, all offensive or defensive arms made of iron, steel, brass, copper, or of any other material prepared and formed to make war by land or at sea.
All other merchandises and things notcomprehended in the articles of contraband explicitly enumerated and classified as abovo shall be held and considered as free, and subjects of free ^i^£^y^,Z and lawful commerce, Bo that they be carried and trans- tok°"
ported in the freest manner by tbe citizens of both the contracting parties, even to places belonging to an enemy, excepting only those places which are at the time besieged or blockaded.
ivH.rat.o.ofp,.,, The two liigli contracting parties recognize as permanent ***•■ and immutable the following principles, to wit:
1. That free ships make free goods; that is to say, that the effects
m» .hie ma. or goods belonging to subjects or citizens of a power or cTM.^.!. State at war are free from capture or confiscation when
found on board neutral vessels, with the exception of articles contraband of war.
Nc«tn,i pror-nr 2- That the property of neutrals on board of an enemy's .Dcnemic' ...ni.. vessei j8 n0t subject to confiscation, unless the same be contraband of war.
The like neutrality shall be extended to persons who are on board a neutral ship with this effect, that although they maybe enemies of both or either party, they are not to be taken out of that ship, unless they are officers or soldiers, and in the actual service of the enemy. The contracting; parties engage to apply these principles to the commerce and navigation of all such powers and States as shall consent to adopt them as permanent and immutable.
In time of war the merchant ships belonging to tbe citizens of either xereh».t °f the contracting parties, which shall be bound to a port ■ u'm'U'f"iJb^d of the enemy of one of the parties, and concerning whose £ Jrt'fi"^^ voyage and the articles of their cargo there shall be just grounds of suspicion, 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.
And that captures on light suspicions may be avoided, and injuries r.-.poru. u. umr 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 a year. If the ships are laden 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 paper shall be required, any usage or ordinance to the contrary notwithstanding. 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 contraband goods ou board any such ship, and the commander of the same shall offer to deliver them up, the offer shall be accepted, and a 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 cau conveniently be received on board the ship of war or privateer, in which case, as in all other cases of just detention, the ship shall be carried into the nearest safe and convenient port for the delivery of the same.
If any ship shall not be furnished with such passport or certificates as are above required for the same, such case may lie exam- Cm, wkM Mt. ined by a proper judge or tribunal; and if it shall appear i^SU'STEE from other documents or proofs, admissible by the usage of """••>'■'■ tcnations, that the ship belongs to the citizens or subjects of the neutral party, it shall not be confiscated, but shall be released with her cargo, (contraband goods excepted,) and be permitted to proceed on her voyage.
If the master of a ship, named in the passport, should happen to die or be removed by any other cause, and another put in his Pmti.io„ in place, the ship and cargo shall, nevertheless, be equally se- ol JTMthcure and the passport remain in full force.
In order to prevent all kinds of disorder in the visiting and examination of the vessels and cargoes of both the contracting parties on the high seas, it is hereby agreed that whenever a ship »TM3i!*c., <£'t£ of war shall meet with a neutral of the other contracting ' "**■ party, the first shall remain at a convenient distance, and may send its boats, with two or three men only, in order to execute the examination of the papers concerning the ownership and cargo of the vessel, without 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; tor which purpose the commanders of all private armed vessels shall, before receiving their commissions, give sufficient security to answer for all damages they may commit; and it is hereby agreed and understood that the neutral party shall in no case be required to go on board the examining vessel for the purpose of exhibiting his papers, or for any other purpose whatever.
It is expressly agreed by the high contracting parties that the stipulations above mentioned, relative to the conduct to be observed on the sea by the cruisers of the belligerent party w -SiS TM."5l«?* towards the ships of the neutral party, shall be applicable only to ships sailing without convoy, and when the said ships shall be convoyed, 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 commander of the convoy that the ships ho convoys belong to the nation whose Hag he carries, and that they.have no contraband goods on board, shall be considered by the respective cruisers as fully sufficient; the two parties reciprocally engaging not to admit under the protection of their convoys ships which shall have on board contraband goods destined to an enemy.
In all cases where vessels shall be captured or detained, to bo carried into port under pretence of carrying to the enemy con- „ in ^ trabaud goods, the captor shall give a receipt for such of rfc^"TMTM*TM". the papers of the vessel as he shall retain, which receipt "°°
s* shall be anuexed to a copy of the said papers; and it sball be uulawful to break up or open the hatches, chests, trunks, casks, bales, or vessels found on board, or remove the smallest part of the goods, unless the lading be brought on shore in presence of the competent officers, and an iuventory 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, and the competent,judge or judges shall have pronounced against such goods sentence of confiscation.
And in such time of war, that proper care may be taken of the vessel and cargo, and embezzlement prevented, it is agreed that it shall not bo lawful to remove the master, commander, or supercargo of any captured ship from on board thereof, during the time the ship may be at sea after her capture, or pending the proceedings against her, or her cargo,or anything relating thereto; and in all cases where a vessel of the citizens of cither party shall be captured or seized and held for adjudication, her officers, passengers, and crew shall be hospitably treated. They shall not be imprisoned or deprived of any part of their wearing apparel, nor of the possession and uso of their money, not exceeding lor the captain, supercargo, mate, and passengers five hundred dollars each, and for the sailors one hundred dollars each.
It is further agreed that in all cases the established courts for prize enrt. for pri*. causes, in the country to which the prizes may be conducted, shall alone take cognizance of them. And whenever such tribunal of either of the parties 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 motives on which the same shall have been founded, and 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 the said vessel without any delay, he paying the legal fees for the same.
When the ships of war of the two contracting parties, or those belonging i»r,duv,*r..on to tlicir citizens, which are armed in war, shall bo admitted pr>u.h:i», *x. £0 enter with their prizes the ports of either of the two parties, tho said public or private ships, as well as their prizes, shall not bo obliged to pay any duty either to the officers of the place, the judges, or any others; nor shall such prizes, when they come to and enter tho ports of either party, be arrested, or seized, nor shall tho officers of tho place make examination concerning the lawfulness of such prizes, but they may hoist sail at any time anil deparj, and carry their prizes to tho places expressed in their commissions, which the commanders of such ships of war shall be obliged to show. It is understood, however, that the privileges conferred by this article shall not extend beyond thoso allowed by law or by treaty with the inoit favored nations.
It shall not be lawful for any foreign privateers who have commissions PMenotw from any prince or State in enmity with either nation, to fit ,,to their ships in the ports of either, to sell their prizes, or in
any manner to exchange them; neither shall they be allowed to pur chase provisions, except such as shall be necessary to their going to the next port ot that prince or State from which they have received their commissions.
.No citizen of the Dominican Republic shall apply for or take any commission or letters of marque for arming any ship or ruiuwwwMom ships to act as privateers against the said United States, or ** «°pri*««TM. 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 the said United States, or any of them, apply for or take any commission or letters of marque for arming any ship or ships to act as privateers against the citizens or inhabitants of the Dominican Republic, or any of them, or the property of any of them, from any prince or State with which the said republic shall be at war; and if any person of either nation shall take such commissions of letters of marque, he shall be punished according to their respective laws.
The high contracting parties grant to each other the liberty of having in the ports of the other Consuls or Vice-Consuls of their Co»mu,v«»coii. own appointment, who shall enjoy the same privileges and ic powers as those of the most favored nation; but if any of the said Consuls or Vice Consuls shall carry on trade, they shall be subjected to the same laws and usages to which private individuals of their nation are subjected in the same place.
It is understood that whenever either of the two contracting parties shall select a citizen of the other for a Consular Agent to reside in any ports or commercial places of the latter, such 1 Consul or Agent shall continue to be regarded, notwithstanding his quality of a foreign Consul, as a citizen of the nation to which he belongs, and consequently shall be subject to the laws aud regulations to which natives are subjected in the piace of his residence. This obligation, however, shall in no respect embarrass the exercise of his consular functions or affect the inviolability of the consular archives.
The said Consuls and Vice-Consuls shall have the right, as such, to sit as judges and arbitrators iu such differences as may arise between the masters and crews of the vessel belonging to the nation whose interests are committed to their charge without the interference of the local authorities, unless their assistance should be required, or the conduct of the crews or of the captain should disturb the order or tranquillity of the country. It is, however, understood that this species of judgment or arbitration shall not deprive the contending parties of the right they have to resort, on their return, to the judicial authority of their own country.
The said Consuls and Vice-Consuls are authorized to require the assistance of the local authorities for the arrest and imprison- v^untm*TM ment of the deserters from the ships of war and merchant "uvessels of their country. For this purpose they shall apply to the competent tribunals, judges, and officers, and shall, in writing, demand such deserters, proving, by the exhibition of the registers of the vessels, the muster-rolls of the crewsj or by any other official documents, that such individuals formed part of the crews; and on this claim being substantia