TREATIES AND CONVENTIONS. 37 



sea, such as cannon, muskets, mortars, petards, bombs, grenades, 

 carcasses, saucisses, carriages for cannon, musket-rests, bandoliers, 

 gun-powder, match, saltpetre, ball, pikes, swords, head-pieces, cui- 

 rasses, halberts, lances, javelins, horse-furniture, holsters, belts, and 

 generally all other implements of war, as also timber for ship-build- 

 ing, tar or roziri, copper in sheets, sails, hemp, and cordage, and gen- 

 erally whatever may serve directly to the equipment of vessels, un- 

 wrought iron and fir planks only excepted ; and all the above articles 

 are hereby declared to be just objects of confiscation whenever they 

 are attempted to be carried to an enemy. 



And whereas the difficulty of agreeing on the precise cases in which 

 alone provisions and other articles not generally contraband may be 

 regarded as such, renders it expedient to provide against the incon- 

 veniences and misunderstandings which might thence arise: it is 

 further agreed that whenever any such articles so becoming contra- 

 band, according to the existing laws of nations, shall for that reason 

 be seized, the same shall not be confiscated, but the owners thereof 

 shall be speedily and completely indemnified ; and the captors, or, in 

 their default, the Government under whose authority they act, shall 

 pay to the masters or owners of such vessels the full value of all such 

 articles, with a reasonable mercantile profit thereon, together with the 



freight, and also the 'demurrage incident to such detention. 

 22 And whereas it frequently happens that vessels sail for a 



port or place belonging to an enemy without knowing that the 

 same is either besieged, blockaded, or invested, it is agreed that every 

 ves-el so circumstanced may be turned away from such port or place; 

 but she shall not be detained, nor her cargo, if not contraband, be con- 

 fiscated, unless after notice she shall again attempt to enter, but she 

 shall be permitted to go to any other port or place she may think 

 proper; nor shall any vessel or goods of either party that may have 

 entered into such port or place before the same was besieged, block- 

 aded, or invested by the other, and be found therein after the reduc- 

 tion or surrender of such place, be liable to confiscation, but shall be 

 restored to the owners or proprietors thereof. 



ARTICLE XIX. 



And that more abundant care may be taken for the security of the 

 respective subjects and citizens of the contracting parties, and to pre- 

 vent their suffering injuries by the men-of-war, or privateers of either 

 party, all commanders of ships of war and privateers, and all others 

 the said subjects and citizens, shall forbear doing any damage to those 

 of the other party or committing any outrage against them, and if 

 they act to the contrary they shall be punished, and shall also be 

 bound in their persons and estates to make satisfaction and reparation 

 for all damages, and the interest thereof, of whatever nature the said 

 damages may be. 



For this cause, all commanders of privateers, before they receive 

 their commissions, shall hereafter be obliged to give, before a com- 

 petent judge, sufficient security by at least two responsible sureties, 

 who have no interest in the said privateer, each of whom, together 

 with the said commander, shall be jointly and severally bound in the 

 sum of fifteen hundred pounds sterling, or, if such ships be provided 

 with above one hundred and fifty seamen or soldiers, in the sum of 



