Page:United States Statutes at Large Volume 8.djvu/200

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[55 CONVENTION WITII FRANCE. 1800. If d,,,,,,, ,,0 per judge or tribunal, and if it shall appear from other documents or passport and proofs, admissible by the usageof nations, that the ship belongs to the

 citizens of the neutral party, it shall not be confiscated, but shall bg

,,;,;,6 v,,,,,,;?',,., released with hier cargo (contraband goods excepted) and be permitted condemnation- to roceed on er vo a e. ry mam, 0; ll` the master of ayslhp, named in the passport, should happen to die the vessoldics, or be removed by any other cause, and another put in his place, the

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B‘jm ship and cargo shall nevertheless be equally secure, and the passport

secure. remain in full force. Ships 0,- wh,,,. Arvr. XVIII. If the ships of the citizens of either of the parties shall nation if ex- be met with, either sailing along the coasts, or on the high seas, by any

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;;;*2, ship of war or privateer of the other; for the avoiding of any disorder, the

,,,d,hjp,,,;w,,{. said ships of war or prrvateers shall remain out of cannon shot, and or privatecrsto may send their boats on board the merchant ship which they shall so “”“°"‘ °“’ °l meet with, and may enter her to the number of two or three men only, cannon shof to whom the master or commander of such ship shall exhibit his pass. port 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. Sm, und,,, Arvr. XIX. It is expressly agreed by the contracting parties, that the convoy not to stipulations above mentioned, relative to the conduct to be observed on l’° °"°“““°d· the sea by the cruisers of the belligerent party towards the ships of the neutral party, shall be applied 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 regard due to the protection of the flag displayed 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 convoys 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 carry contraband goods destined to an enemy. rteeejpts to be Am. XX. In all cases where vessels shall be captured, or detained swon °¤}*l¤° under pretence of carrying to the enemy contraband goods, the captor

 shall give a. receipt for such of the papers of the vessel as he shall

retain, which receipt shall be annexed to a descriptive list of the said papers: and it shall be unlawful to break up or open the hatches, chests, trunks, casks, bales, or vessels, found on board, or remove the smallest part of the goods, unless the lading be brought on shore in presence of the competent officers, and an inventory be made by them Solo of wp- of the said goods. Nor shall it be lawful to sell, exchange or alienate

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;°;l°",f;’;Q,:d8 the same in any manner, unless there shall have been lawful process,

wqrhcmgawruj and the competent judge or judges shall have pronounced against such condemnation. goods sentence of confiscation, saving always the ship and the other goods which it contains. The mast", Am. XXI. And that proper care may be taken of the vessel and commander or cargo, and embezzlement prevented, it is agreed that it shall not be $:lj,'2";:‘,§gv':j lawful to remove the master, commander or supercargo of any captured ship from on board thereof, either during the time the ship may be at sea after her capture, or pending the proceedings against her, or her cargo, or any thing relative thereto. And in all cases where a vessel of the citizens of either party shall be captured, or seized, and held for adjudication, her officers, passengers and crew hall be hospitably