The Sun.
London, England, 1844-08-03 00:00:00

THE RIGHT OF SEARCH.

The following are the general instructions for the
guidance of her Majesty's naval officers employed in the
suppression of the slave trade, presented to the House
of Lords by the Earl of Aberdeen on Thursday last :-
I.—The slave trade has boen denounced by all the
civilised world as repugnant to every principle of justice
and humanity. You are, however, to bear in mind, that
Great Britain claims no right whatever with respect to
foreign ships engaged in that traffic,' excepting such as
the law of nations warrants,, or as she possesses by
virtue of special treaties and conventions with particular
States.

2. In proceeding to deal with a vessel suspected of
being engaged in the slave trade, you are in the first
instance to refer to that part of the instructions which
applies to the particular circumstances of the case. But
those instructions in no degree diminish the necessity
of a careful study of the treaty, convention, or law, upon
which they are founded. You are, therefore, to make
yourself thoroughly conversant with the treaties, con-
ventio.is, and laws, as well as with all the instructions-
given to you relative to the slave trade ; and you are to
enjoin the officers under your command to make them-
selves acquainted with the parts that refer to the duties
which those officers may have to perform, taking care to
afford every facility for this purpose.
3. The powers with which you are invested on this
service, are intrusted to you for the sole purpose of sup-
pressing the slave trade, and are never to be exercised
without reasonable grounds of suspicion that the case is
one of a vessel liable, on account of being engaged in the
slave trade, to be brought to justice by her Majesty's ship
under your command.
4. You are not to visit a vessel under a foreign flag on
the high seas on suspicion of slave trade, except in virtue
of special authority under treaty, or in case you have
reason to believe that the vessel has no right or title to
claim the protection of the flag she bears.
5. You are not, on any account, to search any vessel,
whether British or foreign, lying within the recognised
jurisdiction of a foreign civilised State, without the
formal permission of the local authorities.
6. Towards every functionary, British or foreign, with
whom you may come in contact, you will invariably main-
tain a respectful and courteous demeanour.
7. Towards the masters and crews of vessels whose
cases it will be your duty to investigate in the service of
suppressing the slave trade, you will not only use mode-
ration and discretion, combined with firmness in the exe-
cution of the duty entrusted to you, but will take every
opportunity of affording them assistance in distress,
giving them medical advice when required, and furnish-
ing supplies when they are urgently needed and can
properly be spared by her Majesty's ships.
8. You will take special care to insure propriety of
language and demeanour on the part of officers, stamen,
and marines, to all persons with whom they may come
into contact in, the service of suppressing the slave
trade ; and they must be reminded that any breach of
discipline, or any exhibition of intemperance, will be
visited with severe punishment ; and in all cases her
Majesty's officers are to recollect that they will be held
answerable, not only for their own conduct, but for that
of their men.

9. You are not, without necessity, to resort to co-
ercive measures for bringing vessels to ; and you are to
be cautious not to occasion further deviation from the
course such vessels are steering than a due regard to
the service on which you are employed may require ;
and you will bear in mind that, in every case, and in all
stages of the proceedings, it is highly important to
cause to the vessel visited as little delay or inconvenience
as possible, consistent with the effectual discharge of the
duty to be executed.

1-0. You are not entitled to insist that a boat shall be
sent to you from a vessel which has been brought-to for
the purpose of being visited, or that any person shall
come, or that any papers shall be brought on board of
her Majesty's ships, upon such occasions.
11. On all occasions of visiting suspected vessels, the
officer sent on board is to be in proper uniform. and of
the rank required by the treaty or instructions under
which the visit is made, and the boat in which he goes is
always to carry a British flag and pendant ; and he is to
be provided with the dccuments conferring authority to
visit and search, and the instructions applicable to the
occasion.

12. Before an officer proceeds to search a vessel, the
minutest inspection is to be made of her papers, and
every information elicited which can be obtained by in-
quiries courteously made ; as by this means the necessity
of a search may be avoided.
13. The crew of a boat sent to visit a suspected vessel
is never to be suffered to quit the boat, unless specially
ordered to do so. The officer is not to order them to
quit the boat, unless it may' be necessary to search the
vessel, or unless circumstances of the moment impera-
tively require it. If further assistance is obtained from
the cruiser, for the purpose of making a minute search,
the additional men must be accompanied by a sufficient
number of officers to prevent damage to the cargo, or
any irrregularity or excess.
14. Neither the master, nor any of the persons on
board the vessel, are to be removed during the search,
without their consent.

15. When, after the examination, there appears to be
no sufficient ground for seizure, everything that has
been removed is to be replaced as quickly as possible,
and carefully restored to its original state and condition;
and the vessel is to be permitted to pursue her course
without delay.
16. In the case mentioned in the preceding article,
before the officer quits the vessel, he is to ask the master
whether he has any complaint to make of the manner in
which the search has been conducted, or on any other
ground ; if the master should have any complaint to
make, the officer is to request him to specify the parti-
culars in writing, for your information, and you are to
investigate the same most carefully, and to lose no time
in applying such remedy as circumstances admit and the
case may require.
If you make the search in person, you will yourself
follow the directions contained is this article.
17. In all cases where vessels are visited or Searched
on suspicion of being engaged in the slave trade, the
visiting officer, before quitting the vessel, is to offer to
enter on her log a statement of proceedings on board ;
and, in case the offer is accepted, he is to be careful to
note down the exact time that elapsed from the time
the vessel was boarded to the time she was liberated
or seized.

18. When the visiting officer has verbally reported his
proceedings to you, he is, in all cases, whether, the ves-
sel be seized or not, to commit the same to writiag im-
mediately, with all the particulars, while the facts are
fresh in his memory ; and this written statement is
to specify whether any complaint was made by the
master or any other person on board the vessel. This
statement is to be inserted in the log, with the officer's
signature attached, and you will forward a copy of it,
with your own remarks, to the senior officer of the
station, and a duplicate thereof to the Admiralty by the
first opportunity.

19. When yo-u
have determined to detain a vessel, you
will immediately notify your intention to her master ;
you will cause a careful search to be made for all papers
and documents on board ; and will take possession of the
same, causing them to be numbered and described in a
list which you will sign. In this list the papers volun-
tarily delivered up must be distinguished from any that
may have been. concealed. If any should have been de-
stroyed or thrown overboard, the nature of the papers, so
far as it may be known, with the circumstances under
which they were made away with, must be carefully
stated at the bottom of the list ; and some person cog-
nizant of the facts must be sent with the vessel to make
affidavit thereof to the court of adjudication.
20. On the detention of a vessel you will have a note
made of the quantity of money or other valuables on
board, and sign the same, and have that note duly wit-
nessed, to be produced upon the trial of the case ; arid
you will take especial care that the articles are deposited
in safe custody.
21. Whatever arrangement may be made for the dis-
posal of the crew of a captured vessel, the master and
two persons at least of her crew must be sent, together
with the vessel, to be produced before the court, as ne-
•cessary witnesses in every case. ' And one of those per-
sons should be the chief mate, supercargo, or boatswain.
22. If you do not yourself accompany the detained ves-
sel for trial, you will give the officer in charge directions
in writing for his conduct during the voyage.
23. You will place under the command of the officer
sent in charge a crew sufficient for the vessel's safe con-
duct, with provisions for the voyage ; and you will give
the officer strict orders for the preservation of the ship,
her cargo, and everything on board, and for the preven-
don of embezzlement, excess, or irregularity of any sort.
24. You will deliver to the officer sent in charge all the
papers found on board, together with the other necessary
documents, and the officer must be careful to keep them
in safe custody during the voyage. You will also in-
struet him to endeavour to obtain, by every proper means,
additional information as to the case ; and if he succeeds
in finding any additional papers or documents, he is to
preserve them carefully to be produced at the trial.

25. The officer in charge, as soon as possible after he
has gone on board the vessel, is to draw up, with the
assistance of the master, an inventory of the stores, fur-
niture, and also of the cargo of the vessel, so far as it can
be ascertained without disturbing the stowage ; and,
should it be practicable, the cargo is to be secured by
sealing down the hatches. The inventory is to be made
out in duplicate, and signed both by the officer in charge
and the master of the vessel ; and one of these docu-
ments is to be retained by the officer, and the other by
the master.

26. If slaves should be on board, every effort is to be
made to alleviate their sufferings and improve their con-
dition, by a careful attention to cleanliness and ventila-
tion, by separating the sickly from those who are in
good health, by encouraging the slaves to feel confidence
in her Majesty's officers and men, and promoting amongst
them cheerfulness and exercise.
27. The officer in charge of a captured slave-ship will
be warranted in landing the slaves, or transferring them
to other vessels, whenever such measures are absolutely
necessary, but not otherwise ; and in such cases a cer-
tificate of all the circumstances must be drawn out, and
be taken with the vessel to the place of adjudication.
I❑ most cases of seizure under treaty, this contingency
is provided for: under some of the treaties, the slaves
must be carried eventually to the port of adjudication.
Reference on this, as on other points, must be had to the
treaty or convention applicable to the case, and to the
instructions thereon.

28. All British subjects found employed on board a
detained British or foreign slave vessel are to be sent
with two witnesses to a British port for trial as soon as
possible.
Foreigners on board a British slave vessel, or in a
foreign slave vessel seized in British waters, are to be
dealt with in the same manner as British subjects.
Foreigners forming the crew of foreign vessels cap-
tured under treaty are to be dealt with according to the
stipulations thereof.
29. The master and crew, or such part of them as may
be left on board a detained slave-vessel, are to be well
treated, and not to be subjected to further restraint than
may be requisite for insuring the due execution of the