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 captain of the said vessel shall be at liberty, notwithstanding
the offer to deliver the contraband goods, to conduct the master to
the nearest port, in conformity to what is prescribed above.
ARTICLE X.
In order to obviate entirely every disorder and violence, it is
stipulated, that whenever the merchant vessels and ships of the
subjects and inhabitants of one of the two parties, navigating alone,
shall be met by any vessel of war, privateer, or armed vessel of the
other party, the said vessels of war, privateers, or armed vessels,
shall remain on their part constantly out of cannonshot, and shall not
send above two or three men in their boats on board the merchant
vessels or ships, to examine the passports or other documents, which
shall prove the property and cargoes of the said vessels or ships.
Such of the vessels of war, privateers, or armed vessels of the one
party, as shall molest or damage in any manner whatever the ships or
vessels of the other, shall be obliged to answer for it in their
persons and property, and consequently, to render satisfaction for all
damage and interest over and above the reparation due for the insult
shown the flag.
ARTICLE XI.
It is agreed that everything that is found laden by the respective
subjects or inhabitants on board of vessels belonging to the enemies
of the other party, or to their subjects, shall be confiscated
without distinction of prohibited merchandise, in like manner as
though it belonged to the enemy, excepting always such effects and
merchandise as shall have been put on board of said vessels, before
the declaration of war, or even after said declaration, if, at the
time of lading, it was unknown, so that the merchandises of the
subjects of the two contracting parties, whether they are of the
number termed contraband or otherwise, which, as has just been said,
shall have been laden on board of a vessel belonging to the enemy
before the war, or even after the declaration, when it was not known,
shall in no wise be subject to confiscation, but shall be faithfully
and _bona fide_ returned without delay to their proprietors who shall
claim them, it being well understood, nevertheless, that it shall not
be permitted to carry into the enemy's ports merchandise of a
contraband nature. And in order that every dissension may be avoided,
it is agreed, that after the term of six months being elapsed from the
declaration of war, the respective subjects, from whatever part of the
world they may come, shall not allege the ignorance mentioned in the
present article.
ARTICLE XII.
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