The Sun.
London, England, 1862-05-16 00:00:00

rill? SLA VA TRADE. TREATY.

The following is the treaty concluded at Wash-
ington, April 7, 1862, between the Queen of the
United Kingdom of Great Britain and Ireland and
the United States of America for the suppression of
the African slave trade :
The United States of America and her Majesty
the Queen of the United Kingdom of Great Britain
and Ireland, being desirous to render more effectual
the means hitherto adopted for the suppression of
the slave trade carried on upon the coast of Africa,
have deemed it expedient to conclude a treaty of
that purpose, and have named as their plenipoten-
tiaries, that is to say—the President of the United
States of America, William H. Seward, Secretary
of State of America, and her Majesty the Queen of
the United Kingdom of Great Britain and Ireland,
the Right Hon. Richard Bickerton Pemell Lord
Lyons, a Peer of the United Kingdom, a Knight
Grand Cross of her Most Honourable Order of the
Bath, and her Envoy Extraordinary and Minister
Plenipetentiary to the United States of America,
whn, after having nommunicated to °etch other their

respective full powers found in good and due form,
have agreed upon and concluded the following
articles :

ARTICLE I. The two high contracting parties
mutually consent that those ships of their respec-
tive navies, which shall be provided with special
instructions for that purpose as hereinafter men-
tioned, may visit such merchant vessels of the two
nations as may upon reasonable grounds be sus-
pected of being engaged in the African slave trade,
or of having been fitted out for that purpose, or of
having during the voyage on which they are met
by the said cruisers been engaged in the African
slave trade contrary to the provisions of this treaty;
and that such cruisers may detain and send, or carry
away, such vessels, in order that they may be
brought to trial in the manner hereinafter agreed
upon.

In order to fix the reciprocal right of search in
such manner as shall be adapted to the attainment
of the object of this treaty, and, at the same time,
avoid doubts, disputes, and complaints, the said
right of search shall be understood in the manner
and according to the rules following :-
1. It shall never be exercised except by vessels of
war authorised expressly for that object, according
to the stipulation of this treaty.
2. The right of search shall in no case be exer-
cised with respect to a vessel of the navy of either
of the two Powers, but shall be exercised only as
regards merchant vessels ; and it shall not be exer-
cised by a vessel of war of either contracting party
within the limits of a settlement or port, nor within
the territorial waters of the other party,
3. Whenever a merchant vessel is searched by a
man-of-war, the commander of the said ship shall,
in the act of so doing, exhibit to the commander of
the merchant vessel the special instructions by
which he is duly authorised to search, and shall de-
liver to such commander a certificate, signed by
himself, stating his rank in the naval service of his
country, and the name of the vessel he commands,
and also declaring that the only object of the search
is to ascertain whether the vessel is employed in the
African slave trade, or is fitted up for the said trade.
When the search 'is made by:an officer of the cruiser
who is not the commander, such officer shall exhi-
bit to the captain of the merchant vessel a copy of
the before-mentioned special instructions, signed by
the commander of the cruiser ; and he shall, in like
manner, deliver a certificate, signed by himself,
stating his rank in the navy, the name of the cora-
manner by whose orders he proceeds to make search,
that of the cruiser in which he sails, and the object
of the search as above described. It it appears
from the search that the papers of the vessel are in
regular order, and that it is employed in lawful
objects, the officer shall enter in the log-book of the
vessel that the search has been made in pursuance
of the aforesaid special instructions, and the vessel
shall be left at liberty to pursue its voyage. The
rank of the officer who makes the search must not
be less than that of lieutenant in the navy, unless
the command, either by reason of death or other
cause is at the time held by an officer of inferior
rank.

4. The reciprocal right of search and detention
shall be exercised only within the distance of 200
miles from the coast of Africa and to the southward
of the 32d parallel of north latitude, and within 30
leagues from the coast of the island of Cuba.

ART. 11. In order to regulate the mode of carry-
ing the provisions of the preceding article into exe-
cution it is agreed-
1. That all the ships of the navies of the two na-
tions which shall he hereafter employed to prevent
the African slave trade shall be furnished by their
respective Governments with a copy of the present
treaty, of the instructions for cruisers annexed
thereto (marked A), and of the regulations for the
mixed courts of justice annexed thereto (marked B),
which annexes respectively shall be considered as
I integral parts of the present treaty.
2, That each of the high contracting parties shall
from time to time communicate to the other the
names of the several ships furnished with such in-
structions, the force of each, and the names of the
several commanders. The said commanders shall
hold the rank of captain in the navy, or at least that
of lieutenant, it being nevertheless understood that
the instructions originally issued to an officer hold-
ing the rank of lieutenant of the navy or other su-
perior rank shall, in case of his death or temporary
absence, be sufficient to authorise the officer on whom
the command of the vessel has devolved to make
the search, although such officer may not hold the
aforesaid rank in the service.
3. 'that if at anytime the commandpr Ofa cruiser
of either of the two nations shall stispect that any
merchant vessel under the escort or convoy of any
ship or ships of war of the other nation carries
negroes on board, or has been engaged in the Afri-
can
slave trade, or is fitted out for the purpose
thereof, the commander of the cruiser shall commu-
nicate his suspicions to the commander of the eon-
v°37, who, accompanied by the commander of the
eruiser,shallproe:ed to the search of the suspected
vessel; and in case the suspicions appear well
founded,
the said vessel according to the tenor of this treaty, then
shall be conducted or sent to one of
the places where the mixed courts of justice are
stationed, in order that it may there be adjudicated
upon.

4. It is further mutually agreed that the com-
manders of the ships of the two navies respectively,
who shall be employed on this service shall adhere
to the exact tenor of tho aforesaid instruc-
tions.
striety
l

ART. 111. As the two preceding articles are en-
tirely reciprocal, the two high contracting parties
engage mutually to make good any losses Which
their respective subjects or citizens may incur by
any arbitrary and illegal detention of ti,,l,
_it,
sels, it being understood that this indemnity shall
be borne by the Government whose cruiser shall
have been guilty of such arbitrary and illegal de-
tention, and that the search and detention of ves-
sels specified in the first article of this treat shall be
effected only by ships which may form part of the
1 two navies respectively, and by such of those ships
only as are provided with the special instructions
annexed to the present treaty in pursuance of the
provisions thereof. The indemnification for the
damages of which this article treats shall be made
within the term of one year, reckoning from the
day in which the mixed court of justice pronounces 1
its sentence.

Au, IV. In order to bring to adjudication with