Page:United States Statutes at Large Volume 18 Part 2c.djvu/116

CHILI, 1832. ]()g) tion, violence, or ill-treatment, for which the commanders of the said armed hips shall be responsible with their persons and property; for which purpose the commanders of the said private armed vessels shall, before receiving their commissions, give sufficient security to answer for all damages they may commit. And it is expressly 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. Amuouz XIX. To avoid all kind of vexation and abuse in the examination of the S¤¤·l¤**¤¤ ¤¤¤ papers relating to the ownership of the vessels belonging to the citi- P“"P°"“‘ zens of the two contracting parties, they have agreed, and do agree, that, in case one of them shall be engaged in war, the ships and vessels belonging to the citizens of the other must be furnished with sea-letters or passports, expressing the name, property, and bulk of the ship, as also the name and place of habitation of the master or commander of said vessel, in order that it may thereby 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 passports, shall also be provided with certificates containing the several particu— lars 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 hip sailed, in the accustomed form ; without which requisites said vessel may be detained, to be adjudged by the competent tribunal, and may be declared legal prize, unless the said defect shall be proved to be owing to accident, and be sati iied or supplied by te timony entirely equivalent. Anmonn XX. It is further agreed that the stipulations above expressed, relative to Vessels und er the visiting and examination of vessels, shall apply only to those which °°'“’°Y- sail without convoy; and when said vessels shall be under convoy, the verbal declaration of the commander of the convoy, on his word of honor, that the vessels under his protection belong to the nation whose ilag he carries, and when they are bound to an enemy’s port that they have no contraband goods on board, shall be sufficient. Anrxcmz XXI. It is further agreed that in all cases the established courts for prize Pri¤¤—<=¤¤r¢¤ ¤¤•i causes, in the country to which the prizes may he conducted, shall alone d°°“’°°· take cognizance of them. And whenever such tribunal of either party shall pronounce judgment against any vessel or ge ods 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 commandant or agent of said vessel, without any delay, he paying the legal fees for the same. ` A.m·1cLn XXII. Whenever one of the contracting parties shall be engaged in war with L ° t t ° I ¤ ° f another State, no citizen of the other contracting party shall accept a '“""1“°‘ commission or letter of marque for the purpose of assisting or cooperating hostilely with the said enemy against the said party so at war, under the pain of being treated as a pirate.