Page:United States Statutes at Large Volume 10.djvu/939

TREATY YVITH SAN SALVADOR, JAN. 2, 1850. 895 by the name of contraband: and under this name of contraband or prohibited goods shall be comprehended - 1st. Cannons, mortars, howitzers, swivels, blunderbusses, muskets, rifles, carbines, pistols, pikes, swords, sabres, lances, spears, halberts, handgrenades, bombs, powder, matches, balls, and all other things belonging to the use of these arms. 2d. Bucklers, helmets, breastplates, coats of mail, infantry belts, and clothes made up in the form and for the military use. 3d. Cavalry belts and horses, with their furniture. 4th. And generally all kinds of arms and instruments of iron, steel, brass, and copper, or of any other material manufactured, prepared, and formed expressly to make war by sea or land. 5th. Provisions that are imported into a besieged or blockaded place. ARTICLE 18. All other merchandise and things not comprehended in the articles of contraband explicitly enumerated and classified as above, Au,,,h,,,.g0Od,, shall be held and considered as free, and subjects of free and lawful com- f'¤‘¤¤· merce, so that they may be carried and transported in the freest manner by the citizens of both the contracting parties, even to places belonging to an enemy, excepting those places only which are at that time besieged Dennition of or blockaded; and, to avoid all doubt in this particular, it is declared 5*08** Md b1°°k· that those places only are besieged or blockaded which are actually adm attacked by a belligerent force capable of preventing the entry of the neutral. ARTICLE 19. The articles of contraband before enumerated and clas· Proceedings sified, which may be found in a vessel bound for an enemy’s port shall i¤ <=M¢ of <¤<>¤¤¤- be subject to detention and confiscation, leaving free the rest of the cargo bam` and 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 said vessels will deliver up the articles of contraband to the captor, unless the quantity of such articles be so great and of so large a bulk they cannot be received on board the capturing ship without great inconvenience ; but in this and 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. ARTICLE 20. And whereas it frequently happens that vessels sail for Blockades. a port or place belonging to an enemy without knowing that the same is besieged or 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, unless, 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 that may have entered into such port before the same was actually besieged, blockaded, or invested by the other, be restrained from quitting that 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. ARTICLE 21. In order to prevent all kind of disorder in the visiting Visitatipn and and examination of the ships and cargoes of both the contracting parties $‘;;‘~;;’g";;*g:j&°f on the high seas, they have agreed mutually that whenever a national ' vessel of war, public or private, shall meet with a neutral of the other contracting party, the first shall remain out of cannon-shot, unless in stress of weather, 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 which the commanders of said armed ships _ Damages for shall be responsible, with their persons and property; for which purpose *11 “°“‘m°“”·