war lasts, no more than six war-ships of each of the belligerent Powers may enter our ports at one time.

ARTICLE 11

Since all vessels without exception must enjoy the protection which neutrality ensures, and absolute security in all the ports, roadsteads, and coasts subject to our dominion, it shall not be permissible for one or more vessels of the Powers at war to engage in hostilities in the said ports, nor within cannon-shot of the coasts, and consequently there shall be no fighting, pursuit, attack, visit, or seizure of ships in the said waters. Our authorities and particularly the military commanders in our seaports shall especially watch over these matters.

ARTICLE 12

By virtue of the rights proceeding from the said neutrality, it shall not be permissible for the vessels of the belligerent Powers to cruise off our ports within the distance mentioned in the foregoing article, lying in wait for ships entering or leaving; still less may they remain in the said ports for the purpose of sailing out to meet incoming vessels or of pursuing those that wish to put to sea.

ARTICLE 13

When privateers or armed merchant ships of the two belligerent Powers chance to be at the same time in one of our ports and one of them wishes to put to sea, the other may not leave within twenty-four hours, it being understood that the vessel which anchored in the port first has the right to put to sea before or after the other. War-ships. or entire squadrons shall not, however, be subject to this twenty-four hour rule, provided their commanders give their word of honor to the governor or chief officer of the port that they will not pursue or molest during this period of time any vessel of the enemy. The word of honor shall be given once for all by commanders of fleets and squadrons; the captains of single vessels must renew their promise every time they wish to put to sea. As for captains of armed merchant ships or privateers, they may not leave the port within twenty-four hours, unless they give sufficient security for the fulfilment of their promise.

ARTICLE 14

Vessels of the belligerent Powers shall not be permitted to leave the port, when the arrival of a foreign vessel has been reported, unless, as provided in the preceding article, the commander of war-ships has given his word, or the merchants or privateers have furnished sufficient security, to abstain from any act of hostility against the said vessels.

ARTICLE 15

Small vessels, like tartans, trabacolos, feluccas, rowboats, etc., are excepted from this provision. Their crews and armaments being too insignificant to be able to commit any act of hostility, they may consequently leave the port whenever they see fit.

ARTICLE 16

The enlistment of sailors for service under the belligerent Powers is forbidden in our ports; and in case vessels belonging to these Powers shall have need of men to complete their crews, they shall be permitted to procure them, on condition, however, that they shall not engage any of our subjects or inhabitants of the country and that they shall not take by force the crew of any other vessel of the same belligerent Power, but that their crew shall be completed with individuals who shall enlist voluntarily.

ARTICLE 17

Prizes which the vessels of one of the belligerent Powers shall have taken from the other may be brought into all our ports, where there is a commander or governor, and specifically into the ports of Venice. Trieste, Fiume, Zeng, and Zara. Effects may be unloaded, stored, and guarded, provided they are not articles the importation of which into our countries is prohibited. They may be bought, sold, and again exported for sale elsewhere, on condition nevertheless that the competent courts of the Power making the prize shall have passed upon its legality. If, during this interval, certain effects might run the risk of being spoilt, they may be sold, on condition nevertheless that sufficient security be given to cover their value, in case the courts decide that the prize must be released.

ARTICLE 18

In case claims are made, which give grounds for the presumption that the prize was taken illegally and in contravention of the provisions of Articles 10, 11, 12, and 13 of this ordinance, our governors and presidents of regency, after having taken the necessary testimony, shall pass upon the case summarily and without appeal; and if it should actually happen that a vessel brought into one of our ports had been taken in violation of the laws of neutrality, such a prize shall be declared illegal by our officers and shall be restored to its owner.

ARTICLE 19

The belligerent Powers shall not be permitted to put ashore in our ports, roadsteads, or on our coasts any individual as a prisoner of war, for immediately on setting foot on the territory of a neutral sovereign, or one that is friendly to their Government, such prisoners must be regarded as free, and all the military and civil authorities must give them, as such, protection and assistance.

ARTICLE 20

In consequence of ali these obligations which we have contracted and the measures taken for the protection of the vessels of belligerent Powers in our ports, we do not doubt that these Powers will respect with regard to us the rights that belong to a neutral State and which all the other nations enjoy. We expect them above all to give to the commanders of their fleets and to the captains of armed vessels and privateers orders not to molest on the high seas Austrian ships laden with non-prohibited goods, but to allow them to continue their course. freely, if their papers and passports are in order, even though they may be bound for an enemy port. And, finally, that they shall render prompt and impartial justice to our navigators, who may have grievances against the commanders of their war-ships or privateers.

ARTICLE 21

The present regulations shall be published in the German and Italian languages in all our hereditary countries, and particularly in all our ports and countries near the coast, so that all our subjects who are navigators and merchants may conform hereto. Our civil and military

authorities must also be guided by the provisions hereof in cases which may arise, and must see that they are scrupulously executed. Given August 7, 1803.

New Regulations of Sweden regarding the Commerce and Navigation with Foreign Maritime Powers in Time of War, January 21, 18041

We Gustavus Adolphus, by the grace of God King of Sweden, of the Goths and of the Vandals, etc., heir to Denmark and Norway, Duke of Schleswig-Holstein, etc., proclaim that, desiring to ensure to Swedish navigation, during the disturbances of the present war, all the security which the maintenance of the commercial relations of Sweden with other nations demands, and having recognized the necessity of the strictest observance, on the part of our faithful subjects who are merchants, of the obligations and precautions, which, by virtue of the formal treaties and conventions existing between us and other Powers, are required to ensure to the Swedish flag all the rights and prerogatives which it should enjoy as a neutral; and to avoid, on other hand, everything that may in any way render it suspect to the Powers at war, and therefore expose it to insults, we have seen to have our regulations of December 23, 1800, revised, and to determine and prescribe with greater precision what rules must, in time of war between maritime Powers, necessarily be observed by Swedish navigators, if they desire to be respected in their voyages and to be considered, together with their ships and effects, as belonging to a neutral Power. With this view, we desire, by the present new ordinance on the same subject, to lay down and prescribe the following general rules:

SECTION 1

No vessel shall be recognized as Swedish, unless it has been built in Sweden or in some country under its rule, except in the case of a foreign vessel which, having been wrecked on the coast of Sweden,

1Translation. French text at Martens, Recueil de Traités, vol. 8, p. 112.

fit

has been bought, repaired, and equipped by Swedish subjects, or unless it shall have been formally naturalized, as purchased by a Swede in a foreign country. However, as to vessels which our subjects may have bought in the countries of the belligerent Powers and from their subjects, such vessels shall not be granted naturalization while the war lasts; but all such vessels as shall have obtained naturalization before the rupture shall be considered Swedish and neutral, from whatever place they may have come or to whomsoever they may have previously belonged.

SECTION 2

The documents which a merchant captain must have on board during a voyage, in order to prove that his vessel is Swedish, are, when he is to sail beyond the Baltic Sea and pass through the Sound, a construction certificate, a measurement certificate, a so-called Turkish passport issued by the Board of Commerce and a Latin translation thereof; an exemption certificate; a cargo certificate issued by the magistrate of the place; a passport for the crew; a copy of the oath of the owners; the charter party signed by the owner, the captain, and the shipper; a declaration of the cargo and of the freight likewise signed by the aforesaid persons; and, finally, a health certificate, when circumstances require it. When the vessel is not to sail beyond the Baltic, it shall not require this so-called Turkish passport with its Latin translation; but all the documents above specified must necessarily be carried on board when the vessel sails for a foreign land.

SECTION 3

The captain shall procure all the said documents in a Swedish port or a port belonging to Sweden; and they may not be issued to a vessel which is not in such a port, unless the vessel has, by chance or through an act of violence, lost its papers, in which case duplicates may be issued, provided the captain immediately on his arrival in port make a formal statement of such mishap, to which he shall make oath, if required.

SECTION 4

Captains are strictly forbidden to have misleading or false papers and bills of lading, or to fly a foreign flag on any occasion and on any pretext whatever.