The Diplomatic Correspondence of the American Revolution, Vol. 05
History
The Diplomatic Correspondence of the American Revolution, Vol. 05
United States -- Foreign relations -- 1775-1783; United States -- History -- Revolution, 1775-1783 -- Sources
"ARTICLE III. In case the Spanish vessels cruising in the Straits, at
the entrance, or the outlet, according to the exigence of the case or
the place, and conformably to the orders, with which they may be
charged, should judge it necessary to convoy neutral vessels, which
are traversing the Straits, or even those which are coasting along
Africa, these neutral vessels shall not make opposition to submit to
the convoy, without going away from it, or furnishing reasons of
suspicion; nevertheless, as they, may arrive in great numbers, and at
different times, in such manner that it may become prejudicial to wait
for the time to be convoyed, and that, moreover, it would be extremely
embarrassing to escort each ship in particular, they shall direct
their course conformably to the first article, towards the coast of
Africa, and shall follow it until some Spanish vessel, stationed or
cruising in the Straits, presents itself to escort them out of sight
of the place of the enemy and its avenues; and to this end the
vessels, to which the signal shall be given, shall stop, as it was
said above, and shall conform themselves to the dispositions made in
respect to them, by producing without the smallest difficulty, or
resistance, their papers, and submitting to all that which is
prescribed by the treaties, and the common law of nations to the end
to prove the property of ships, the legality of their documents, as
well as of their cargoes and destination.
"ARTICLE IV. When such vessels, under the appearance of neutrals,
shall come out of ports situated on the coast of Africa, in the
Straits, they shall be visited, and treated according to the nature of
their cargo, or the suspicions which they shall have excited, of
intentions to sail to carry succors to Gibraltar, supposing always
that the vessels coming out of the said ports with the design of going
into Gibraltar, have in fact hoisted, a neutral flag and abused it.
"ARTICLE V. When neutral vessels shall not conform themselves to the
said dispositions, in whole or in part, in particular cases, they
shall be seized and carried into port, where they shall be declared
good prize with all their effects and cargoes, only for being loaded
with provisions, or with those sorts of effects specified by the
article 15th of the regulation for armed vessels, without there being
occasion for any other judicial proof; and, in case that the articles
before mentioned should not be found on board of these vessels, the
motives of their contravention of these articles shall be juridically
examined, and an account of them rendered to his Majesty by the
Secretary of State, and of the Department of the Marine, who shall
afterwards make known the resolution of his Majesty.
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