Page:United States Statutes at Large Volume 8.djvu/488

This page needs to be proofread.

476 TREATY WITH VENEZUELA. 1836. ship, that the owners may dispose of them as they see proper. No vessel of either of the two nations shall be detained on the 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 the quantity of such articles be so great or of so large a bulk, that they cannot be received on board the capturing ship without great inconvenience; but in this, and in all other cases of just detention, the vessel detained shall be sent to the nearest convenient and safe port for trial and judgment according to law. ARTICLE 20. Nom., of And whereas it frequently happens that vessels sail for a port or places blockade. 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, be confiscated; unless, after warning of such blockade or investment from any officer commanding a vessel of the blockading forces, she shall again attempt to enter; but she shall be permitted to go to any other port or place she ve,,,,;, mm. shall think proper. Nor shall any vessel of either, that may have eni¤z b¤*`¤r¤ tered into such port before the same was actually besieged, blockaded gL‘{f';";g;Lf““Y or invested by the other, be restrained from quitting such place with 1mm_ her cargo; nor, if found therein afier the reduction and surrender, shall such vessel or her cargo be liable to confiscation, but they shall be restored to the owners thereof ARTICLE 21. Examinnm, In order to prevent all kind of disorder in the visiting and examinaofvessels at tion of the ships and cargoes of both the contracting parties, on the '°°· high seas, they have agreed, mutually, that, whenever a vessel of war, public or private, shall meet with a neutral of the other contracting party, the first shall remain out of cannon shot, and may send its boats with two or three men only, 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 said private armed vessels shall, before receiving their commissions, give Bufiicient 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 his papers, or for any other purpose whatever. ARTICLE 22. 0,,,, of m,, To avoid all kind of vexation and abuse in the examination of the parties being papers relating to the ownership of the vessels belonging to the citizens $”§°5°d¥""'"· of the two contracting parties, they have agreed, and do agree that in e s so the . . ¤ ,,,;,,,,.,0 be ,,,.,,_ case one of them should be engaged in war, the ships and vessels bevided with sari longing to the citizens of the other must be furnished with sea-letters, l°“°"'· 6***- or passports, expressing the name, property, and bulk of the ships, as also the name and place of habitation of the master or commander of said vessel, in order that it may thereby appear that said ship really and truly belongs to the citizens of one of the parties; they have likewise agreed that such ship 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