STATE PAPERS. 



295 



freight of the whole vessel, or the 

 bills of lading given for the cargo 

 in detail. 



3d. The list of the ship's com- 

 pany, containing an indication by 

 name, and in detail^ of the persons 

 composing the crew of the vessel. 

 These documents shall always be 

 authenticated according totheforms 

 established at the place from which 

 the vessel shall have sailed. 



As their production ought to be 

 exacted only when one of the con- 

 tracting parties shall be at war, and 

 as their exhibition ought to have no 

 other object than to prove the neu- 

 trality 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 v;ithin 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 de- 

 fault of these specificdocuments, the 

 neutrality of the vesselmay be esta- 

 blished by such other evidence as 

 the tribunals authorised to judge of 

 the case may deem sufficient. 



Art. 15. And to prevent entirely 

 all disorder and violence in such 

 cases, it is stipulated, that when the 

 vessels of the neutral party, sailing 

 without convoy, shall be met by 

 any vessel of war, public or private, 

 of the other party, such vessel of 

 war shall not send more than two or 

 three men in their boat on board the 

 said neutral vessel, to examine her 

 passport and documents. And all 

 persons belonging to any vessel of 

 war, public or private, who shall 

 molest or insult, inanymannerwhat- 

 ever, the people, vessels, or efiects 

 of the other party, shall be respon- 

 sible in their persons and property 



for damages and interest, sufficient 

 security for which shall be given by 

 all commanders of private armed 

 vessels before they are commissioned. 



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 exemptions in their fa- 

 vour, stipulated in the l6th 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 

 soever, shall obtain from the go- 

 vernment that shall have employed 

 them, an equitable indemnity, as 

 well for the freight as for the loss 

 occasioned by the delay. And far- 

 thermore, in all cases of seizure, de- 

 tention, or arrest, for debts con- 

 tracted or offences committed by 

 any citizen or subject of the one 

 party, within the j urisdiction of the 

 other, the same shall be made and 

 prosecuted by order and authority 

 of that only, and according to the 

 regular course of proceedings used 

 in such cases. 



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 hei-e- 

 after stipulated in the 21st article 

 for cases of recapture. 



Art. 18. If the citizens or sub- 

 jects of either party in danger from 

 tempests, pirates, enemies, or other 

 accident, shall take refuge with their 



