BETWEEN THE UNITED STATES AND GREAT BRITAIN. 21 



in for adjudication, and in payment or recovery for any indem- 

 nification adjudged or agreed to be paid to the masters or owners of 

 such ships. 



It is also agreed that in all cases of unfounded detention, or other 

 contravention of the regulations stipulated by the present treaty, the 

 owners of the vessel and cargo so detained shall be allowed damages 

 proportioned to the loss occasioned thereby, together with the costs 

 and charges of the trial. 



ART. 9. In order to regulate what is in future to be esteemed con- 

 traband of war, it is agreed that under the said denomination shall 

 be comprised all arms and implements serving for the purposes of 

 war by land or by sea, such as cannon, muskets, mortars, petards, 

 bombs, grenadoes, carcasses, saucisses, carriages for cannon, musket- 

 rests, bandoliers, gunpowder, matches, saltpetre, balls, pikes, swords, 

 headpieces, cuirasses, halberts, lances, javelins, horse-furniture, hol- 

 sters, belts, and generally all other implements of war ; as also timber 

 for ship building, copper in sheets, sailcloth, hemp, and cordage, and 

 in general (with the exception of un wrought iron and firplanks, and 

 also with the exception of tar and pitch, when not going to a port of 

 naval equipment, in which case they shall be entitled to pre-emption) 

 whatever may serve directly to the equipment of vessels; and all the 

 above articles are hereby declared to be just objects of confiscation 

 whenever they are attempted to be carried to an enemy. But no 

 vessel shall be detained on pretence of carrying contraband of war, 

 unless some of the above-mentioned articles not excepted are found 

 on board of the said vessel at the time it is searched. 



ART. 10. Whereas, in consideration of the distance and of other 

 circumstances incident to the situation of the high contracting par- 

 ties, it may frequently happen that vessels may sail for a port or place 

 belonging to an enemy without knowing that the same is either be- 

 sieged, blockaded, or invested, it is agreed that every vessel so cir- 

 cumstanced may be turned away from such port or place; but she 

 shall not be detained, nor her cargo, if not contraband, be confiscated, 

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

 not 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. 



Neither of the parties when at war shall, during the continuance 

 of the treaty, take from on board the vessels of the other the subjects 

 of the opposite belligerent, unless they be in the actual employment 

 of such belligerent. 



ART. 11. Whereas differences have arisen concerning the trading 

 with the colonies of His Majesty's enemies, and the instructions given 

 by His Majesty to his cruisers in regard thereto, it is agreed that dur- 

 ing the present hostilities, all articles of the growth, produce, and 

 manufacture of Europe, not being contraband of war, may be freely 

 carried from the United States to the port of any colony not block- 

 aded belonging to His Majesty's enemies, provided such goods shall 

 previously nave been entered and landed in the United States, and 



