Page:United States Statutes at Large Volume 18 Part 2c.djvu/106

This page needs to be proofread.

CENTRAL AMERICA, 1825. 99 detention and conllscation, exoe t such ro ert as was t o such vessel before the declaratiog of war, gr genyafterwardg iflitbwierrg done 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 lapel merchand1se of the neutral, embarked in such enemy’s ships, shall ree. Aarxomr XVI. This liberty of navigation and commerce shall extend to all kinds of contraband artimerchandise excepting those only which are distinguished by the name ¢=i¤¤- of contraband, and under this name of contraband or prohibited goods shall be comprehended- 1st. Cannons, mortars, howitzers, swivels, blunderbnsses, muskets, fuzees, rides, 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; 2dly. Bncklers, helmets, breustplates, coats of mail, infantry belts and clothes, made up in the form and for a. military use; 3dly. Cavalry belts and horses with their furniture; 4th1y. And generally all kinds of arms and instruments of iron, steel, brass, and copper, or of any other materials manufactured, prepared, and formed expressly to make war by sea or land. Aarromt XVII. All other merchandise and things not comprehended in the articles bum merchanef contraband explicitly enumerated and classified as above, shall be d¤¤¢‘~ held and considered as free, and subjects of free and lawful commerce, so that they may be carried and transported in the frecst manner by both the contracting parties even to places belonging to an enemy, excepting only those places which are at that time besieged or blockaded; and to avoid all doubt in this particular it is declared that- those places Definition of only are besieged or blockaded which are actually attacked by a bellig- ¤l<>¢l=¤d¤- erent force capable of preventing the entry of the neutral. Aarromr XVIII. The articles of contraband before enumerated and classified which may Condemnation of be found in a vessel bound for an enemy’s port, shall be subject to de- °;’¤*'°·b*¤d mk tention and conilscation, leaving free the rest of the cargo 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 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. Anrronm XIX. And whereas it frequently happens that vessels sail for a port or_ place Blockadad Pmbelonging to an enemy without knowing that the same_ is besieged, blockaded, or invested, it is agreed that every vessel so circumstaneed may be turned away from suc port or place but shall not be detained, nor shall any part of her cargo, if not contraband be confiscated, unless atter warning of such blockade or investment from the commanding otilcer 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