Page:United States Statutes at Large Volume 8.djvu/407

TREATY WITH BRAZIL. 1828. 395 warned by the blockading forces to return to the port blockaded, and discharge the said cargo, and if after receiving the said warning the vessel shall persist in going out with the cargo, she shall be liable to the same consequences as a vessel attempting to enter a blockaded port after being warned oil` by the blockading forces. ARTICLE XX. In order to prevent all kinds of disorder in the visiting and examine- r;;,,,,,,,;,,,,,;,,,, tion of the ships and cargoes of both the contracting parties on the high of vessels, bow seas, they have agreed mutually, that whenever a vessel of war, public, *° be "”*d°- or private, shall meet with a neutral of the other contracting party, the first shall remain at the greatest distance compatible with making the visit under the circumstances of the sea and wind and the degree of suspicion attending the vessel to be visited, and shall send its smallest boat, in order to execute the said 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 the said private armed vessels shall, before receiving their commissions, give sufficient security to answer for all the damages they may commit; 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 her papers, or for any other purpose whatever. ARTICLE XXI. To avoid all kind of vexation and abuse in the examination of the Vessels to_bc papers relating to the ownership of the vessels belonging to the citizens P':::$’da""'h and subjects of the two contracting parties, they have agreed, and do °° P pm' agree, that in case one of them shall be engaged in war, the ships and vessels belonging to the citizens or subjects of the other, must be furnished with sea-letters or passports, expressing the name, property and bulk of the ship, as also the name and place of habitation of the master or commander of said vessel, in order that it may thereby appear that the ship really and truly belongs to the citizens or subjects of one of the parties; they have likewise agreed, that such ships being laden, besides the said sea-letters or passports, shall also be provided with certificates, containing the several particulars of the cargo, and the place whence the ship sailed, so that it may be known, whether any forbidden or contraband goods be on board the same; which certificates shall be made out by the officers of the place whence the ship sailed, in the accustomed form; without such requisites said vessel may be detained, to be adjudged by the competent tribunal, and may be declared legal prize, unless the said defect shall be proved to be owing to accident, and be satisfied or supplied by testimony entirely equivalent. ARTICLE XXII. It is further agreed, that the stipulations above expressed,_relative to vessels unda, the visiting and examining of vessels, shall apply only to those which cvnvoy- sail without convoy: and when said vessel 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 Hag he carries: and when they are bound to un enemy’s port, that they have no contraband goods on board, shall be sufficient. ARTICLE XXIII. • It is further agreed, that in all cases the established courts for prize prize wm. causes, in the countries to which the prizes may be conducted, shall ¤¤lY_¢<;I:¤l;¢f alone take cognizance of them. And whenever such tribunal of either ° ° party, shall pronounce judgment against any vessel, or goods, or pro- proceeding.,