No. 10 UNITED STATES AND TUNIS Treaty of Peace and Friendship, signed at Tunis, August 28, 1797; ratified by the United States January 10, 1800. Text from 2 Miller, Treaties of the United States, page 386.7 ART. 2. If a vessel of war of the two nations shall make prize of an enemy vessel in which may be found effects, property, and subjects of the two contracting parties, the whole shall be restored; the Bey shall restore the property and subjects of the United States, and the latter shall make a reciprocal restoration; it being understood on both sides that the just right to what is claimed shall be proved. ART. 3. Merchandise belonging to any nation which may be at war with one of the contracting parties, and loaded on board of the vessels of the other, shall pass without molestation and without any attempt being made to capture or detain it. ART. 4. On both sides sufficient passports shall be given to vessels, that they may be known and treated as friendly; and considering the distance between the two countries, a term of eighteen months is given, within which term respect shall be paid to the said passports, without requiring the congé or document (which at Tunis is called testa), but after the said term the congé shall be presented. ART. 5. If the corsairs of Tunis shall meet at sea with ships of war of the United States having under their escort merchant vessels of their nation, they shall not be searched or molested; and in such case the commanders shall be believed upon their word, to exempt their ships from being visited and to avoid quarantine. The American ships of war shall act in like manner towards merchant vessels escorted by the corsairs of Tunis. ART. 6. If a Tunisian corsair shall meet with an American merchant vessel and shall visit it with her boat, she shall not exact anything, under pain of being severely punished; and in like manner, if a vessel of war of the United States shall meet with a Tunisian merchant vessel, she shall observe the same rule. * * * ART. 7. An American citizen having purchased a prize-vessel from our Odgiak, may sail with our passport, which we will deliver for the term of one year, by force of which our corsairs which may meet with her shall respect her; the Consul on his part shall furnish her with a bill of sale; and considering the distance of the two countries, this term shall suffice to obtain a passport in form. But after the expiration of this term, if our corsairs shall meet with her without the passport of the United States, she shall be stopped and declared good prize, as well the vessel as the cargo and crew. ART. 10. [Supra, No. 9, Art. 8.] ART. 13. If among the crews of merchant vessels of the United States, there shall be found subjects of our enemies, they shall not be made slaves, on condition that they do not exceed a third of the crew; and when they do exceed a third, they shall be made slaves. The present article only concerns the sailors, and not the passengers, who shall not be in any manner molested. No. 11 UNITED STATES AND PRUSSIA Treaty of Amity and Commerce, signed at Berlin, July 11, 1799; ratifications exchanged at Berlin, June 22, 1800. Text from 2 Miller, Treaties of the United States, page 433.8 ART. 12. Experience having proved that the principle adopted in the twelfth Article of the Treaty of 1785, according to which free ships make free goods has not been sufficiently respected during the two last Wars, and especially in that which still continues, the two Contracting Parties propose after the return of a general Peace, to agree either separately between themselves, or jointly with other Powers alike interested, to concert with the great maritime Powers of Europe, such arrangements, and such permanent principles as may serve to consolidate the liberty and the safety of the neutral Navigation and Commerce in future Wars. And if in the interval, either of the Contracting parties should be engaged in a War to which the other should remain neutral, the ships of War, and privateers of 7 Also in 2 Martens, Supplément au Recueil des traités, p. 178. Also in 2 Martens, Supplément au Recueil des traités, p. 226. the belligerent power, shall conduct themselves towards the merchant vessels of the neutral power, as favourable, as the course of the War, then existing may permit, observing the principles and rules of the Law of Nations generally acknowledged. ART. 13. And in the same case of one of the Contracting Parties being engaged in War with any other Power, to prevent all the difficulties and misunderstandings, that usually arise respecting merchandize of contraband, such as arms, ammunition, and military stores of every kind, no such articles, carried in the vessels, or by the subjects or citizens of either party to the enemies of the other, shall be deemed contraband so as to induce confiscation or condemnation and a loss of property to individuals. Nevertheless it shall be lawful to stop such vessels and articles, and to detain them for such length of time as the captors may think necessary to prevent the inconvenience or damage that might ensue from their proceeding, paying however a reasonable compensation for the loss such arrest shall occasion to the proprietors, and it shall further be allowed to use in the service of the captors, the whole or any part of the military stores so detained, paying the owners the full value of the same, to be ascertained by the current price at the place of its destination. But in the case supposed of a vessel stopped for articles of contraband, if the master of the vessel stopped will deliver out the goods supposed to be of contraband nature, he shall be admitted to do it, and the vessel shall not in that case be carried into any port, nor further detained, but shall be allowed to proceed on her voyage. All cannons, mortars, fire-arms, pistols, bombs, grenades, bullets, balls, muskets, flints, matches, powder, salt-petre, sulphur, cuirasses, pikes, swords, belts, cartouch-boxes, saddles and bridles, beyond the quantity, necessary for the use of the ship, or beyond that which every man serving on board the vessel, or passenger ought to have, and in general whatever is comprized under the denomination of arms and military stores, of what description so ever, shall be deemed objects of contraband. ART. 14. To ensure to the vessels of the two Contracting Parties the advantage of being readily and certainly known in time of War, it is agreed that they shall be provided with the Sea-letters and Documents hereafter specified. 1. A Passport; expressing, the name, the property, and the burthen of the vessel, as also the name and dwelling of the master, which Passport shall be made out in good and due form, shall be renewed as often as the vessel shall return into port, and shall be exhibited whensoever required, as well in the open Sea, as in port. But if the vessel be under convoy of one or more vessels of War, belonging to the neutral party, the simple declaration of the officer commanding the convoy, that the said vessel belongs to the party of which he is, shall be considered as establishing the fact, and shall relieve both parties from the trouble of further examination. 2. A Charter-party; that is to say, the contract passed for the freight of the whole vessel; or the bills of lading given for the cargo in detail. 3. The list of the Ship's company, containing an indication by name and in detail of the persons composing the crew of the vessel. These documents shall always be authenticated according to the forms established at the place from which the vessel shall have sailed. As their production ought to be exacted only when one of the contracting Parties shall be at war, and as their exhibition ought to have no other object than to prove the neutrality of the vessel, its cargo and company, they shall not be deemed absolutely necessary on board, such vessels belonging to the neutral party, as shall have sailed from its ports before, or within three months after the Government shall have been informed of the state of War, in which the belligerent party shall be engaged. In the interval, in default of these specific documents, the neutrality of the vessel may be established by such other evidence as the tribunals authorised to judge of the case may deem sufficient. ART. 15. [Supra, no. 4, Art. 15.] ART. 16. In times of War, or in cases of urgent necessity when either of the Contracting Parties, shall be obliged to lay a general embargo, either in all its ports, or in certain particular places, the vessels of the other party, shall be subject to this measure upon the same footing, as those of the most favoured Nations, but without having the right to claim the exemption in their favour stipulated in the sixteenth Article of the former Treaty of 1785. But on the other hand the proprietors of the vessels, which shall have been detained whether for some military expedition, or for what other use so ever, shall obtain from the Government that shall have employed them an equitable indemnity as well for the freight, as for the loss occasioned by the delay. * * * ART. 17. If any vessel or effects of the neutral power, be taken by an enemy of the other, or by a pirate, and retaken by the Power at War, they shall be restored to the first proprietor upon the conditions hereafter stipulated, in the twenty-first Article for cases of recapture. ART. 19. The vessels of War, public and private, of both parties shall carry freely wheresoever they please, the vessels and effects taken from their enemies, without being obliged to pay any duties, charges or fees to officers of admiralty, of the customs, or any others: nor shall such prizes be arrested, searched or put under legal process, when they come to and enter the ports of the other party, but may freely be carried out again at any time by their captors to the places expressed in their commissions, which the commanding officer of such vessel shall be obliged to shew. But, conformably to the Treaties existing between the United States and Great Britain, no vessel that shall have made a prize upon british subjects, shall have a right to shelter in the ports of the United States, but if forced therein by tempests, or any other danger or accident of the sea, they shall be obliged to depart as soon as possible. ART. 20. [Supra, No. 4, Árt. 20.] EDITOR'S NOTE.-Articles 12-20 of this treaty were reaffirmed by the treaty between the United States and Prussia, May 1, 1828, article 12, with the exception of the last paragraph of article 19, relating to the treaty with Great Britain. No. 12 UNITED STATES AND FRANCE Convention signed at Paris, September 30, 1800; ratifications exchanged at Paris, July 31, 1801. Text from 2 Miller, Treaties of the United States, page 457.9 ART. 12. It shall be lawful for the Citizens of either Country to sail with their ships and Merchandize (contraband goods always excepted) from any port whatever, to any port of the enemy of the other, and to sail, and trade with their ships, and Merchandize, with perfect security, and liberty, from the countries ports, and places, of those who are enemies of both, or of either party, without any opposition, or disturbance whatsoever, and to pass not only directly from the places and ports of the enemy aforementioned to neutral ports, and places, but also from one place belonging to an enemy, to another place belonging to an enemy, whether they be under the jurisdiction of the same power, or under several, unless such ports, or places shall be actually blockaded, beseiged, or invested. And whereas it frequently happens that Vessels sail for a port or place belonging to an enemy without knowing that the same is either beseiged, blockaded, or invested, it is agreed that every vessel so circumstanced may be turned away from such port, or place, but she shall not be detained, nor any part of her cargo if not contraband be confiscated, unless after notice of such blockade or investment, she shall again attempt to enter; but she shall be permitted to go to any other port or place she shall think proper. Nor shall any vessel of either, that may have entered into such port, or place, before the same was actually beseiged, blockaded, or invested by the other, be restrained from quitting such place with her cargo, nor if found therein after the reduction and surrender of such place, shall such vessel or her cargo be liable to confiscation but they shall be restored to the Owners thereof. EDITOR'S NOTE.-Identical provisions are contained in the following treaties: United States and Venezuela, August 27, 1860, article 12. United States and Dominican Republic, February 8, 1867, article 12. ART. 13. In order to regulate what shall be deemed contraband of war, there shall be comprised under that denomination, Gun-powder, salt-petre Petards, match, ball, bombs, grenades, carcasses, Pikes, Halberds, swords, belts, Pistols, holsters, cavalry saddles, and furniture, Cannon, Mortars, their carriages, and beds, and generally all kinds of arms, ammunition of war, and instruments fit for the use of Troops, all the above articles whenever they are destined to the port of an enemy, are hereby declared to be contraband, and just objects of confiscation: but the vessel in which they are laden, and the residue of the cargo shall be Also in 7 Martens, Recueil des traités, p. 484. considered free, and not in any manner infected by the prohibited goods, whether belonging to the same or a different Owner. EDITOR'S NOTE.-Identical provisions are contained in the treaty between the United States and Venezuela, August 27, 1860, article 13. ART. 14. It is hereby stipulated that free ships shall give a freedom to goods, and that every thing shall be deemed to be free, and exempt which shall be found on board the ships belonging to the citizens of either of the contracting parties, altho' the whole lading, or any part thereof should appertain to the enemies of either, contraband goods being always excepted. It is also agreed in like manner, that the same liberty be extended to persons, who are on board a free ship, with this effect, that altho' they be enemies to either party, they are not to be taken out of that free ship, unless they are soldiers and in actual service of the enemy. EDITOR'S NOTE.-Identical provisions are contained in the treaty between the United States and Venezuela, August 27, 1860, article 14. Substantially the same provisions are contained in the following treaties: Italy and Costa Rica, April 14, 1863, article 14. At the exchange of ratifications of the Italy-Costa Rica treaty, the protocol recording the exchange contained the following interpretation of this provision: "It is understood that article XIV of the present treaty is to be interpreted in the manner most in conformity with the spirit and the letter of the declaration of Congress of Paris of April 16, 1856." See 56 British and Foreign State Papers, p. 1123. ART. 15. [Supra, No. 1, Art. 16 (14).] ART. 16. [Supra, No. 1, Art. 14 (12).] ART. 17. And that captures on light suspicions may be avoided, and injuries thence arising be prevented, it is agreed, that when one party shall be engaged in war and the other party be neuter, the ships of the neutral party shall be furnished with passports similar to that described in the fourth Article, that it may appear thereby that the ships really belong to the citizens of the neutral party: they shall be valid for any number of Voyages, but shall be renewed every year, that is if the ship happens to return home in the space of a year. If the ships are laden they shall be provided not only with the passports above mentioned, but also with certificates similar to those described in the same article, so that it may be known whether they carry any contraband goods. No other paper shall be required, any usage or ordinance to the contrary notwithstanding. And if it shall not appear from the said certificates that there are contraband goods on board, the ships shall be permitted to proceed on their voyage. If it shall appear from the certificates that there are contraband goods on board any such ship, and the commander of the same shall offer to deliver them up, the offer shall be accepted, and the ship shall be at liberty to pursue it's voyage; unless the quantity of the contraband goods be greater than can conveniently be received on board the ship of war, or privateer, in which case the ship may be carried into port for the delivery of the same. If any ship shall not be furnished with such passport, or certificates, as are above required for the same, such case may be examined by a proper judge, or tribunal, and if it shall appear from other documents, or proofs, admissible by the usage of nations, that the ship belongs to the citizens of the neutral party it shall not be confiscated, but shall be released with her cargo (contraband goods excepted) and be permitted to proceed on her voyage. * * * EDITOR'S NOTE.-Substantially the same provisions are contained in the following treaties: United States and Venezuela, August 27, 1860, article 16. United States and Dominican Republic, February 8, 1867, article 17. The United States and Haiti treaty omits the stipulation that "No other paper shall be required, any usage or ordinance to the contrary notwithstanding. The United States and Venezuela and the United States and Dominican Republic treaties contain the following additional paragraph at the end of the respective articles referred to: "If the master of a ship named in the passport should happen to die, or be removed by any other cause, and another put in his place, the ship and cargo shall, nevertheless, be equally secure, and the passport remain în full force." ART. 18. If the ships of the citizens of either of the parties, shall be met with, either sailing along the coasts or on the high seas, by any ship of war, or privateer of the other; for the avoiding of any disorder, the said ships of war, or privateers shall remain out of Canon-shot, and may send their boats on board the Merchant ship, which they shall so meet with, and may enter her to the number of two, or three men only, to whom the Master or commander of such ship, shall exhibit his passport concerning the property of the ship made out according to the form prescribed in the fourth Article. And it is expressly agreed that the neutral party shall in no case be required to go on board the examining vessel for the purpose of exhibiting his papers, or for any other examination whatever. EDITOR'S NOTE.-Identical provisions are contained in the treaty between the United States and Venezuela, August 27, 1860, article 17. ART. 19. It is expressly agreed by the contracting parties, that the stipulations above mentioned, relative to the conduct to be observed on the sea by the cruizers of the belligerent party, towards the ships of the neutral party, shall be applied only to ships sailing without convoy; and when the said ships shall be convoyed, it being the intention of the parties to observe all the regard due to the protection of the Flag displayed by public ships, it shall not be lawful to visit them: but the verbal declaration of the commander of the convoy, that the ships he convoys belong to the nation whose flag he carries, and that they have no contraband goods on board shall be considered by the respective cruizers as fully sufficient: the two parties reciprocally engaging not to admit under the protection of their convoys, ships which shall carry contraband goods destined to an enemy. EDITOR'S NOTE.-Identical provisions are contained in the following treaties United States and Haiti, November 3, 1864, article 25. United States and Dominican Republic, February 8, 1867, article 19. ART. 20. In all cases where vessels shall be captured, or detained, under pretence of carrying to the enemy contraband goods, the Captor shall give a receipt for such of the papers of the Vessel as he shall retain, which receipt shall be annexed to a descriptive list of the said papers: and it shall be unlawful to break up, or open the hatches, chests, trunks, casks, bales, or vessels found on board, or remove the smallest part of the goods, unless the lading be brought on shore, in presence of the competent officers, and an inventory be made by them of the said goods. Nor shall it be lawful to sell, exchange or alienate the same, in any manner, unless there shall have been lawful process, and the competent judge or judges shall have pronounced against such goods sentence of confiscation, saving always the ship and the other goods which it contains. EDITOR'S NOTE.-Identical provisions are contained in the following treaties: Spain and Dominican Republic, February 18, 1855, article 26. ART. 21. And that proper care may be taken of the vessel and cargo, and embezzlement prevented, it is agreed that it shall not be lawful to remove the master or commander or Supercargo of any captured ship, from on board thereof, either during the time the ship may be at sea, after her capture, or pending the proceedings against her, or her cargo, or any thing relative thereto. And in all cases where a vessel of the citizens of either party shall be captured, or seized, and held for adjudication, her officers, passengers, and crew shall be hospitably treated. They shall not be imprisoned, nor deprived of any part of their wearing apparel, nor of the possession, and use of their money, not exceeding for the captain super cargo, and mate five hundred dollars each and for the Sailors and Passengers, one hundred dollars each. EDITOR'S NOTE.-Identical provisions are contained in the following treaties: United States and Venezuela, August 27, 1860, article 20. United States and Dominican Republic, February 8, 1867, article 21. ART. 22. It is further agreed that in all cases, the established courts for Prize Causes, in the Country to which the prizes may be conducted, shall alone take cognizance of them. And when ever such tribunal of either of the parties, shall pronounce judgement against any vessel, or goods, or property, claimed by the citizens of the other party, the sentence or decree shall mention the reasons, or motives on which the same shall have been founded, and an authenticated copy |