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 IX. If it shall be proved that in the cargoes of vessels
stopped, there should be found some effects the property of the enemy,
in such case, if the captain shall have declared it freely, the said
effects shall be unloaded alone, the freight of them shall be paid,
without retaining long the masters or hindering in any manner their
navigation, always provided, that as far as possible the said vessels
shall not be put in a situation to run any risk by the taking out the
effects before mentioned; a receipt shall be given to the captain for
the effects discharged, of the condition they were in, as well as the
amount of their freight as far as the place of their destination;
which shall be proved by their charter parties or documents, to the
end to be able to be satisfied, what shall be their due from the
Commissary of the Marine of the first port they shall make, that of
which they shall give notice by the way of the Ministry, to the end
that if the receipt of which they are the bearers has been given them
by a privateer, the amount of it may be paid by the owners, and if it
has been furnished them by a King's ship, measures the most convenient
in this respect shall be taken, that in case it should be judged
absolutely necessary to conduct the said vessels into some port there
to discharge them, they may be indemnified for that which shall be
due to them, by reason of their freight, for so many days as it shall
be judged indispensably necessary for them to take up, both in going
to the said ports and in returning; but, nevertheless, in case the
captains should conceal the effects, the property of the enemy, or
deny that they belong to the enemy, they ought to be pursued
juridically, and the Judges of the Marine shall examine the case and
decide it, with liberty of appeal to a council of war, who,
conformably to the usage of the English tribunals, shall declare
lawful prize all these effects, which shall appear legally to belong
to an enemy, by means of which, considering the concealment and the
denial of the said effects, no account shall be made, neither of the
freight nor of the days lost to masters of vessels, since they will
have been themselves the causes of the delay occasioned to their
navigation.
Public-domain text, read in full here on John Shaqi.
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