Page:United States Statutes at Large Volume 18 Part 2c.djvu/626

PERU, 1851. 619 high seas on account of having on board articles of contraband, whenever the master, captain, or supercargo of said vessel will deliver up the articles of contraband to the captor, unless, indeed, the quantity of such article be so great, or of so large bulk, that they cannot be received on board the capturing vessel without great inconvenience- but in this and all other cases of just detention, the vessel detained ishall be sent to the; nearest convenient and safe port, for trial and judgment according o aw. Aurrcnn XXVI. And_whereas it frequently happens that vessels sail for a port or place Blockaded pom. belonging to an enemy without knowing that the same is besieged, 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, becoufiscated, unless, after having been warned of such blockade or investment by the commanding officer of a vessel forming part of the blockading forces, she again attempt to enter; but she shall be permitted to go to any other port or place the master or supercargo may think proper. Nor shall any vessel of either party that may have entered into such port or place before the same was actually besieged, blockaded, or invested by the other, be restrained from leaving it with her cargo, nor if found therein before or after the reduction and surrender, shall such vessel or her cargo be liable to seizure, confiscation, or any demand on the score of redemption or restitution; but the owners thereof shall remain in the undisturbed possession of their property. And if any vessel having thus entered the port before the blockade took place shall take on board a cargo after the blockade be established, and attempt to depart, she may be warned by the blockading forces to retnm to the blockaded port and discharge the said cargo; and if, after receiving such warning, the vessel shall persist in going out with the cargo, she shall be liable to the same consequences as in the case of a vessel attempting to enter a blockaded port after having been warned of by the blockading forces. Anrrcnn XXVII. To prevent disorder and irregularity in visiting and examining the _ Regulation or vessels and cargoes of both the contracting parties on the high seas, V¤¤¤¤¤ M WM they have agreed, mutually, that whenever a vessel of war, public or private, shall meet with a neutral of the other party, the former hall remain at the greatest distance compatible with the_ possibility and safety of making the visit, under the circumstances of wind and sea, and the degree of suspicion attending the vessel to be visited, and shall send one of her small boats with no more men than may be necessary to execute the said examination of the papers concerning_the ownership and cargo of the vessel, without causing the least extortion, violence, or illtreatment, in respect of which the commanders of said armed vessels shall be respon ible with their persons and property; for whichpurpose the commanders of said private armed vessels shall, before receiving their commissions, give sufficient security_to answer for all the injuries and damages they may commit. And it IS expresslyagreed that theneutral party shall in no case·be required to go on board of the examining vessel for the purpose of exhibiting the ship’s papers, nor for any other purpose whatever. Aar1o1;.a XXVIII. Both contractin parties likewise agree that when one of them shall Sea-letters or be engaged in warg the vessels of the other must be furnished with sea- P¤·¤¤P°¤'*¤· letters, patents, or passports, in which shall be expressed the name, burden of the vessel, and the name and place of residence of the owner, and master or captain thereof, in order that it may appear that the