« ForrigeFortsett »
ficer of any of the ships of the for holding liquid ; unless the navies of either country, duly com master shall produce a certificate missioned according to the provi- from the custom-house at the place sions of the first article of this from which he cleared outwards, Treaty, shall deviate in any re- stating that a sufficient security in spect from the stipulations of the been given by the owners of such said Treaty, or from the instruc vessel that such extra quanuty of tions annexed to it, the Govern- casks, or of other vessels, sluuid ment which shall conceive itself to be used only to hold palm oil, or be wronged thereby shall be enti for other purposes of lawful comitled to demand reparation; and in
merce. such case the Government to which 7th. A greater number of mess. such commanding officer may be tubs or kids than requisite for the belong binds itself to cause in use of the crew of the vessel as a quiry to be made into the subject merchant-vessel. of the complaint, and to indict 8th. A boiler, or other cooking upon the said officer a punishment apparatus, of an unusual size, and proportioned to any wilful trans- larger, or capable of being meie gression which he may be proved larger, than requisite for the use to have committed.
of the crew of the vessel as a VI. It is hereby further mu- merchant-vessel ; or more than one tually agreed, that every British boiler, or other cooking apparatus, or American merehant-vessel which of the ordinary size. shall be searched by virtue of the Oth. An extraordinary quantity present Treaty, may lawfully be of rice, of the tour of Brazil, of detained, and sent or brought be- manioc or cassada, commonly called fore the inixed courts of justice farinha, of maize, or of India established in pursuance of the corn, or of any other article of fout provisions thereof, if in her equip. whatever, beyond the probabile ment there shall be found any of wants of the crew; unless such the things hereinafter mentioned, rice, four, farinba, maize, India namely: -
corn, or other article of foud, be Ist. Hatches with open gratings, entered on the manifest as part of instead of the close hatches which the cargo for trade. are usual in merchant-vessels. 10th. A quantity of mats or
2nd. Divisions or bulk-heads in matting greater than is necessary the hold or on deck, in greater for the use of the crew of the ves number than are necessary for sel as a merchant-vessel ; unless vessels engaged in lawful trade. such mats or matting be entend
3rd. Spare plank, fitted for lay on the manifest as part of the ing down as a second or slave car o for trade. deck.
If it be proved that any one or 4th. Shackles, bolts, or hand- more of the articles abuve specie cuils.
fied is or are on board, or have üth. A larger quantity of water been on buard during the posluge in casks or in tanks than is requi- in which the vessel was captured site for the consumption of the crew that fact shall be considered of the vessel as a merchant-vessel. primd jacis evidence that the res
Oth. An extraordinary number sel was employed in the Africau of water-casks, or of other vessels Slave Trade, and she shall in cou
sequence be condemned and de- ments should wish to purchase her
ix. The captain, master, pilot, cified as were found on board at and crew of any vessel condemned the time of detention, or as may by the mixed courts of justice have been embarked during the shall be punished according to the voyage on which she was engaged laws of the country to which such when captured, were indispensable vessel belongs, as shall also the for the lawful object of her voyage. owner or owners, and the persons
VII. If any one of the articles interested in her equipment or specified in the preceding article cargo, unless they prove that they as grounds for condemnation should had no participation in the enterbe found on board a merchant-ves- prise. sel, or should be proved to have For this purpose, the two High been on board of her during the Contracting Parties agree that, in voyage on which she was cap so far as it may not be attended tured, no compensation for losses, with grievous expense and incon. damages, or expenses consequent venience, the master and crew of upon the detention of such vessel any vessel which may be conshall in any case be granted either demned by a sentence of one of to the master, the owner, or any the mixed courts of justice, as other person interested in the well as any other persons found on equipment or in the lading, even board the vessel, shall be sent and though she should not be con- delivered up to the jurisdiction of demned by the mixed court of the nation under whose flag the justice.
condemned vessel was sailing at VIII. It is agreed between the the time of capture ; and that the two High Contracting Parties that, witnesses and proofs necessary to in all cases in which a vessel shall establish the guilt of such master, be detained under this Treaty, by crew, or other persons, shall also their respective cruizers, as having be sent with them. been engaged in the African Slave The same course shall be purTrade, or as having been fitted out sued with regard to subjects or for the purposes thereof, and shall citizens of either Contracting consequently be adjudged and con- Party who may be found by a demned by one of the mixed cruizer of the other on board a courts of justice to be established vessel of any third Power, or on as aforesaid, the said vessel shall, board a vessel sailing without flag immediately after its condemna or papers, which may be comtion, be broken up entirely, and demned by any competent court shall be sold in separate parts, for having engaged in the Africa after having been so broken up; Slave Trade. unless either of the two Govern X. The negroes who are found
on board of a vessel condemned by seventh day of April, in the year the mixed courts of justice, in of our Lord one thousand eight conformity with the stipulations of hundred and sixty-two. this Treaty, shall be placed at the (L.S.) Lyons. disposal of the Government whose (LS.) WILLIAM H. SEWARD. . cruizer has made the capture; they shall be immediately set at liberty and shall remain free, the Annex (A) to the Treaty between Government to whom they have Great Britain and the United been delivered guaranteeing their States of America, for the Sup liberty.
pression of the African Slare XI. The acts or instruments Trade, signed at l'ashington on annexed to this Treaty, and which the 7th day of April, 1862. it is mutually agreed shall form an integral part thereof, are as fol. lows :
Instructions for the Ships of the (A.) Instructions for the ships
British and United States Naries of the navies of both nations
employed to prerent the African destined to prevent the African
Slare Trade. Slave Trade.
(B.) Regulations for the mixed 1. The commander of any ship courts of justice.
belonging to the British or United XII. The present Treaty shall States' Navy, wbich shall be furbe ratified, and the ratifications nished with these instructions, shall thereof shall be exchanged at Lon- have a right to search and detain don in six months from this date, any British or United States' mer or sooner if possible. It shall chant-vessel which shall be actually continue and remain in full force engaged, or suspected to be enfor the term of ten years from the gaged, in the African Slave Trade, day of exchange of the ratifica- or to be fitted out for the purposes tions, and, further, until the end thereof, or to have been engaged in of one year after either of the Con- such trade during the ropage in tracting Parties shall have given which she may be met with by notice io the other of its intention such ship of the British or l'nited to terminate the same ; each of States' Navy; and such commander the Contracting Parties reserving shall thereupon bring or send such to itself the right of giving such merchant-vessel (sare in the case notice to the other at the end of provided for in Article V. of these said term of ten years. And it is instructions), as soon as possible, hereby agreed between them that, for judgment, before one of the on the expiration of one year after three mixed courts of justice such notice shall have been re-established in virtue of the fourth ceived by either from the other article of the said Treaty, that is party, this Treaty shall altogether to say ;cease and determine.
If the vessel shall be detained In witness whereof the respec. on the coast of Africa, sbe shall be tire Plenipotentiaries have signed brought before that one of the two the present Treaty, and have there. mixed courts of justice to be es unto affixed the weal of their arms. tablished at the Cape of Good
Done at Washington, the Hope and at Sierra Leone, which
1y of April
, in tez ?
1) to the Treaty inte Britain and the to of America, for 2.Of the Afrient i signed at Washington day of April
13 for the Skips and United staat ?d to prevent the departe Prade.
commander of grec to the British a la avy, which shall be h these instructions yht to search and da: sh or United States se el which shall be or suspected to he African Share this ted out for the romans to have been emas during the rema
may be nearest to the place of de. board the same, as well as a certi-
In the declaration which the If the vessel shall be detained captor is hereby required to make, on the coast of the Island of Cuba, as well as in the certified list of she shall be brought before the the papers seized, and in the cermixed court of justice at New tificate of the number of negroes York.
found on board the detained vessel, II. Whenever a ship of either he shall insert his own name and of the two navies, duly authorized surname, the name of the capas aforesaid, shall meet a mer- turing ship, and the latitude and chant-vessel liable to be searched longitude of the place where the under the provisions of the said detention shall have been made. Treaty, the search shall be con The officer in charge of the deducted with the courtesy and con tained vessel shall, at the time of sideration which ought to be ob- bringing the vessel's papers into served between allied and friendly the mixed court of justice, deliver nations, and the search shall, in into the court a certificate signed all cases, be made by an officer by himself, and verified on oath, holding a rank not lower than that stating any changes which may of lieutenant in the navy; or by have taken place in respect to the the officer who at the time shall vessel, her crew, the negroes, if be second in command of the sbip any, and her cargo, between the by which such search is made.
period of her detention and the III. The commander of any ship time of delivering in such paper.' of the two navies, duly authorized IV. If urgent reasons, arising as aforesaid, who may detain any from the length of the voyage, the merchant-vessel in pursuance of state of health of the negroes, or the tenour of the present instruc- any other cause, should require tions, shall leave on board the that either the whole or a portion vessel so detained the master, the of such negroes should be disemmate, or boatswain, and two or barked before the vessel can arrive three at least of the crew; the at the place at which one of the whole of the negroes, if any; and mixed courts of justice is estaall the cargo. The captor shall, blished, the commander of the at the time of detention, draw up, capturing ship may take upon himin writing, a declaration, which self the responsibility of so disemshall exhibit the state in which he barking the negroes, provided the found the detained vessel ; such necessity of the disembarkation, declaration shall be signed by him. and the causes thereof, be stated in self, and shall be given in or sent, a certificate in proper form. Such together with the captured vessel, certificate shall be drawn up and to the mixed court of justice be. entered at the time on the logfore which such vessel shall be book of the detained vessel, carried or sent for adjudication. V. In case any merchant-vessel He shall deliver to the master detained in pursuance of the preof the detained vessel a signed and sent instructions should prove to certified list of the papers found on be unseaworthy, or in such a con
may be met nam the British or 3 "; and such comes pon bring or sen's ssel (sare in the * in Article V of
penting before one of
courts of way virtue of the said Treats, cha's
I shall be deemed Africa, she she.. that one of the r * justice to be
Cape of Gwi 172 Leone, which
dition as not to be taken to one of Convention between Her Majesty the three ports where the mixed and the Emperor of the French, courts of justice are to be esta. relative to Joint Stock Compa. blished in pursuance of the Treaty nies. (Siynes at Paris, April of this date, the commander of the 30, 102. Ratifications detaining cruizer may take upon changed at Paris, May 15, himself the responsibility of aban 1862.) doning or destroying her, provided the exact causes which made such Her Majesty the Queen of the a step imperatively necessary be l'nited Kingdom of Great Britain stated in a certificate verified on and Ireland, and His Majesty the oath. Such certificate shall be Emperor of the French, having drawn up and formally executed in judged it expedient to come to an duplicate at the time.
understanding in order to define, In case of the abandonment or within their respective dominions destruction of a detained vessel, the and possessions, the position of master and crew, together with the commercial, industrial, and finannegroes and papers found on board, cial companies and associations and ono copy of the sworn certific constituted and authorized in concate mentioned in the preceding formity with the laws in force in paragraph of this article, shall be either of the two countries, base sent and delivered to the proper resolved to conclude a Convention mixed court of justice at ile for that purpose, and have named earliest possible moment.
as their Plenipotentiaries (that is to say) :
Her Majesty the Queen of the The undersigned Plenipotentia. United Kingdom of Great Britain ries have agreed, in conformity with and Ireland, the Right Honourable the eleventh article of the Treaty Henry Richard Charles Earl Cum. signed by them on this day, that lev, lier Diajesty's Ambassador the present instructions shall be Extraordinary and Plenipotentiary annexed to the said Treaty, and be to the Emperor of the French; considered an integral part thereof.
And His Majesty the Emperor Done at Washington, the seventh of the French, M. Edouard An. day of April, in the year of our toine Thourenel, Senator, His Lord one thousand eight hundred Minister and Secretary of State and sixty-two.
for the Department for Forricu
Alfairs; (L.S.) Lyoxs. (LS.) WilliaY HI. SEWARD.
Who, after having communicate
to each other their respective full [Then follows Annex (B)“ liegu. form, have agreed upon and anti
powers, found in good and duo lations for the Mixed Courts of cluded the following articles : Justice."7
1. The High Contracting l'arties declare that they mntually grant to all companies and other suiker ciations, commercial, industrial. or financial, constituted and author ized in conformity with the laws in force in either of the two coun