The Diplomatic Correspondence of the American Revolution, Vol. 04
History
The Diplomatic Correspondence of the American Revolution, Vol. 04
United States -- Foreign relations -- 1775-1783; United States -- History -- Revolution, 1775-1783 -- Sources
The merchant vessels of one of the two contracting parties, coming
either from a port belonging to the enemy, or from their own, or a
neutral port, and navigating towards a port of an enemy of the other,
shall be bound every time they shall be required, to exhibit, as well
on the high seas as in port, their passports, or sea letters, and
other public documents, which shall expressly prove that their loading
is not of that kind, which is prohibited as contraband; it being well
understood, nevertheless, that in all cases, where such merchant
vessels shall be escorted by one or more vessels of war, the simple
declaration of the officer commanding the convoy, that these vessels
do not carry any contraband goods, shall be considered as fully
sufficient, and they shall not require to examine the papers of the
escorted vessels.
ARTICLE IX.
It shall no sooner be found by the sea letters, passports, or other
public documents, or by the verbal declaration of the commanding
officer of the convoy, that the merchant vessels are not laden with
contraband goods, than they shall be at liberty to continue their
voyage without any hinderance; but if, on the contrary, the exhibition
of the said passports or other documents, in case the vessels are not
escorted, tends to discover that the said vessels carry merchandise
reputed contraband, consigned to an enemy's port, it shall not,
however, be permitted to break open the hatches of the said vessels,
nor to open any chest, case, trunk, bale, package, or cask, which
shall be found on board, or to displace or overturn the least part of
the merchandise, whether the vessel belongs to his Danish Majesty's
subjects, or to the citizens or inhabitants of the United States,
until the cargo has been landed in presence of the officers of the
Courts of Admiralty, and that the inventory has been made of it. And
it shall not be permitted to sell, exchange, or alienate the
merchandise reputed contraband, in any manner whatever, before trial
has been held and legally finished, to declare them contraband, and
that the Courts of Admiralty shall have pronounced them confiscated,
without any prejudice, nevertheless, to the vessels or to the
merchandise, which by virtue of the treaty shall be considered free.
It shall not be permitted to retain these merchandises under pretence,
that they have been intermixed with the contraband merchandise, and
still less confiscate them as legal prizes. In case where a part only,
and not the whole of the loading, shall consist of contraband
merchandises, and that the commander of the vessel consents to deliver
them up to the privateer, which shall have discovered them, then the
captain, who shall have made the prize, after having received the
merchandise, must immediately release the vessel, and shall not in any
wise prevent the continuation of his voyage; but in case the
contraband merchandise cannot all be taken on board the captor, then
Public-domain text, read in full here on John Shaqi.
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