Page:United States Statutes at Large Volume 18 Part 2c.djvu/190

DOMINICAN REPUBLIC, N6'?. 183 ships are laden they shall be provided, not only with the passports above mentioned, but also with certificates, so that it mav 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 contra.- band 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 on board any such ship, and the commander of the same shall offer to deliver them up, the otfer 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 can 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 bc carried into the nearest safe and convenient port for the delivery of the same. If any ship shall not be furnished with such passports or certificates as are above required for the same, such case may be examined by a proper judge or tribunal; and if it shall appear from other documents or proofs, admissible by the usage of nations, that the ship belongs to the citizens or suljects 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 place, the ship and cargo shall, nevertheless, be equally secure and the passport remain in full force. ARTICLE XVIII. In order to prevent all kinds of disorder in the visiting and examina- _ R°€“l****Q¤ °fV*°· tion of the vessels and cargoes of both the contracting parties on the 't“°“th°h‘gb°°°°‘ high seas, it is hereby agreed that whenever a ship of war shall meet with a neutral of the other contracting party, the tirst 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; for 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. Ancrrorn XIX. It is expressly agreed by the high contracting parties that the stipu- Vessels ¤¤d¤r latious above mentioned, relative to the conduct to be observed on the °°""°Y· sea by the cruisers of the belligerent party 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 duo to the protection of the Hag dis~ played by public ships, it shall not be lawful to visit them ; but the verbal declaration of the commander of the convoy that the ships he couvoys belong to the nation whose flag 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. ARTICLE XX. In all cases where vessels shall be captured or detained, to be carried Pi-ovisicnsiu case into port under pretence of carrying to the enemy contraband goods, the of :?*P*“*° 0* *1*** captor shall give a receipt lor such of the papers of the vessel as he °“ ‘°"'