Page:United States Statutes at Large Volume 18 Part 2c.djvu/236

FILANCE, 1800. 229 ARTICLE XVI. The merchant ships belonging to the citizens of either of the contract Examination c r ing parties, which shall be bound to a port of the enemy of one of the ’°°°°1¤· parties. and concerning whose 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 thir- [See Article teenth article of the present convention. XIII-] Aarroan XVII. And that captures on light suspicions may be avoided, and injuries P¤¤¤I><>¤‘¤¤ ¤¤<1¤·=¤· thence arising prevented, it is agreed that when one party shall be en- 1°“°"· gaged in war, and the other party be neuter, the ships of the neutral party shall be furnished with passports similar to that described in the fourth article, 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 hap- [S°° A”l°]° IV-] pens to return home in the space of a year. If the ships are laden, they shall be provided not only with the pa sports above mentioned, but also with certificates similar to those described in the same article, 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 trom the certificates that P¤‘°¤•>•¤H¤H¤ there are contraband goods on board any such ship, and the commander };:;'(fo:°b'£‘;f5’““d of the same shall offer to deliver them np, the offer shall be accepted, ' 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 the ship may be carried i nto 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 be examined by a proper judge or tribunal, and if it shall appear from other documents or proots admissible by the usage of nations, that the ship belongs to the citizens of the neutral party, it shall not be contiscated, 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. Anrronm XVIII. If the ships of the citizens of either of the parties shall be met with, tE°l5¤l=¤*·¤°¤ °*`V•¤· either sailing along the coasts or on the high seas, by any ship of war“ '°"" or privateer of the other, for the avoiding of any disorder the said ships of war or privateers shall remain out of cannon·shot, and may send their boats on board the merchant ship which they shall so meet with, and may enter her to the number of two or three men only,.to whom the master or commander of such ship shall exhibit his passport concerning the property of the ship, made out according to the form prescribed in the fourth article. 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 his papers, or for any other examination whatever. Asrrcnm XIX. It is expressly agreed by the contracting parties that the stipulations Ships under counbove mentioned, relative to the conduct to be observed on the sea by "°Y·