The Diplomatic Correspondence of the American Revolution, Vol. 02
History
The Diplomatic Correspondence of the American Revolution, Vol. 02
United States -- Foreign relations -- 1775-1783; United States -- History -- Revolution, 1775-1783 -- Sources
retain them, the case of bankruptcy only excepted.
ARTICLE XVII.
The merchant ships of either of the parties, which shall be making
into a port of the other party, and concerning whose voyage and the
species of goods on board her there shall be any just grounds of
suspicion, shall be obliged to exhibit, as well upon the high seas
as in the ports and havens, not only her passports, but likewise
certificates expressly showing that her goods are not of the number
of those, which have been prohibited as contraband.
ARTICLE XVIII.
If, by exhibiting the abovesaid certificates, mentioning the
particulars of the things on board, the other party should discover
there are any of those sorts of goods, which are prohibited and
declared contraband by this treaty, and consigned for a port under
the obedience of his enemies, it shall not be lawful to break up
the hatches of such ship, or to open any chest, coffer, pack, cask,
or any other vessel or package found therein, or to remove the
smallest particle of the goods, whether such ship belongs to the
subjects of their High Mightinesses, the States of the Seven United
Provinces of Holland, or to the subjects or inhabitants of the said
United States of America, unless the loading be brought on shore in
presence of the officers of the Court of Admiralty, and an inventory
thereof made; but there shall be no allowance to sell, exchange, or
alienate the same in any manner, until after that due and lawful
process shall have been had against such prohibited goods, and the
Court of Admiralty respectively shall, by a sentence pronounced, have
confiscated the same; saving always as well the ship itself, as any
other goods found therein, which by this treaty are to be esteemed
free; neither may they be detained on pretence of their being, as
it were, infected by the prohibited goods, much less shall they be
confiscated as lawful prize; but if not the whole cargo, but only
part thereof shall consist of prohibited or contraband goods, and the
commander of the ship shall be ready and willing to deliver them to
the captor who has discovered them, in such case, the captor having
received those goods shall forthwith discharge the ship, and not
hinder her by any means from freely prosecuting the voyage on which
she was bound; but, in case the contraband merchandise cannot be all
received on board the vessel of the captor, then the captor may,
notwithstanding the offer of delivering him the contraband goods,
carry the vessel into the nearest port, agreeable to what is above
directed.
ARTICLE XIX.
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