Page:United States Statutes at Large Volume 18 Part 2c.djvu/688

This page needs to be proofread.

SAN SALVADOR, 1850. 681 provided, besides the said sea-letters orl i. mining the several particulars of the c£:g.opaht<l’thet1plg?e;u:1vl;t§geThe ship sailed, so that it may be known whether any forbidden or contra. band goods are on board the same, which certificates shall he made out by the officers of the place whence the ship sailed, in the accustomed form ; without which requisites said vessel may be detained to be adjudged by the competent tribunal, and may be declared lawful prize unless_ the said defect shall be proved to be owing to accident, and shall be satisiied or supplied by testimony entirely equivalent. Anrrcm XXIII. It is further agreed that the stipulations above expressed, relative to Vessels under 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 flag he carries, and, when they may be bound to an enemy’s port, that they have no contraband goods on board, shall be sufficient. Anricnn XXIV. It is further agreed that in all cases the established courts for prize Prize courts and causes in the country to which the prizes may be conducted shall alone d°°l’°°¤· take cognizance of them. And whenever such tribunals of either party shall pronounce judgmentagainst any vessel, or goods, or property claimed by the citizens of the other party, the sentence or decree shall mention the reasons or motives upon which the same shall have been founded ; and an authenticated copy of the sentence or decree, and of all the proceedings in the case, hall, if demanded, be delivered to the commander or agent of said vessel, without any delay, he paying the legal fees for the same. Anmcm XXV. For the purpose of lessehing the evils of war, the two high contract- Begnlat ton in ing parties further agree that in case a war should unfortunately take wwe of Warplace between them, hostilities shall only lze carried on by persons duly commissioned by the Government, and by those under their orders, except in repelling an attack or invasion, and in the defence of property. Awrxcnm XXVI. Whenever one of the contracting parties shall be engaged in war with L e t 1. s r s o 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 parties so at war, under the pain of being treated as a pirate. Anrrcm XXVII. If by any fatality which cannot be expected, and God forbid, the Rights cr resitwo contracting parties should be engaged in a war with each other, d¤¤¤¤ m tim ¢>f they have agreed, and do agree now for then, that there shall be allowed '"“’· the term of six months to the merchants residing on the coasts and in the ports of each other, and the term of one year to those who dwell in the interior, to arrange their business and transport their eifects wherever they please, giving to them the safe·conduct necessary for it, which may serve as a sufficient protection until they arrive at the designated port. The citizens of all other occupations who may be established in the territories or dominions of the United States or of San Salvador shall be respected and maintained in the full enjoyment of their personal liberty and property, unless their particular conduct shall cause them to forfeit