Constitutional Whig. [volume] (Richmond, Va.) 1824-1832, 1824-07-30

ter OF the vessel detained, visited, or found on
board the vessel, and shall contain an authen.
TIC declaration, exhibiting the state in which he
found the vessel detained, and the changes, il
any, which have taken place in it, and the num-
Der OF slaves, if amy, found on board at the mo-
ment OF detention. And the same duties here
in described shall devolve upon every cornman-
der. or commissioned officer of the Royal Navy
oil Great Britain, by whom, or by whose order,
any merchant vessel of the United States, or
navigating under their flag, shall be visited for
the said purposes, and upon the boarding officer
by whom the visit shall be Effected, on the high
seas, or any where without the territorial iuris
d'ction of Great Britain.
ARTICLE 4. No merchant vessel of either of
inc contracting parties, under the convoy of a
public vessel of her nation, shall, under any
circumstances whatever be captured or visited
by, or from, any public vessel Of the other ma
toa' as being engaged, or on suspicion OF being
engaged in the slave trade.
ARTICLE s. No. search shall be made by, or
under the orders of, the commander or BOARDING
officer ofany public vessel of either party visit.
ing any merchant vessel of the other, as benz,
I engaged, or under suspicion CT being engaged.
| IN tue slave trade, excepting such as NAV be
necessary to ascertain if there he slaves OH board
for the purposes ofthe said traffic, or other proof
That the said vessel is so engaged. No person
shall be taken out of the said visited or captur-
MI
handing officer ofthe visiting. vessel, or upder
ms order Nor shall any part of the cargo OF the
saii visited vessel be removed out of her unti;
delivered over TO the officers, or tribunals. of
her own nation.
| ARTICLE 6. W hon a merchant vessel of eitbar
natIon shall he captured, as bcin; engaged in
the slave trade, by any comma nder, or commits
stoned ofhcer OF the Navy of the other nation, i;
shall be.the duty of the commander of any pub.
he ship of the Navy of the nation to which the
captured vessel shall belong upon the offer
thereof being made to him by the commander
OF The capturing vessel, TO receive into his Gus
tody the vessel so captured, and to car1y, or TO
send, the same into the ports of his own co,,n.
Try, for trial and adjudication. And at the time
OF the delivery OF the said vessel, an authentic
declaration shall be drawn up, in triplicates.
signed by both the commanders of the deliver
ing and OF The receiving vessels, one copy OF
which shall be Kept by each of them, stating the
circumstances Of the delivery; the condition of
the vessel Captured, at the time of the delivery;
the number of slaves, if any, on board of her
list ofait tho papers received, or found on board
/ other at the time of capture, and delivered over
with her, andth names of the master, or COM
f;lander, OF the captured vessel, and of every
person on beard other, other than the slaves, at
the said time ofdciivcry; and the third copy of
The said captured vessel, and the papers found
on board of her, to one of the ports Of the coun-
try TO which the said captured vessel shall be-
long, to be Pr@ineed before the tribunal appom-
ted, or authorized, 10 decide upon the said cap
ture; and the commander of The said capturing
vessel shall be authorized 10 send the boarding
officer, and one az two of his crew. with tie said
! captured vessel, 10 appear as witnesses of the
| facts III relation TO her capture and detention,
before the said tribunal. The reasonable ex.
| penses OF which witnesses, in proceeding to the
place oftrial, during their necessary detention
/ fart Inlt. a.,
or to reioin their station in IFS service, shall be
allowed by the tribunal of Il iaI a:ld in case of
I the condemnation of the captured vessel, be de-
fTayed from the proceeds of the sales thereof;
and in case Of the. acGuittai of tI,e sail vessel
they shall be paid by the Government Of the cap
turing officer.
ARTICLE Z. The commander, or commission
cd officer, of the Navy of either ofthc contract
ing parties, having captured merchant vessel
OF the other, as being engaged in the slave trade
fthere be nopublic vessel of the nation to which
hesaId captured vessel belongs, criiizine uoonthe
same station, to the commander of whom the said
captured vessel may be delivered over as stipu-
lated in the preceding article, shall carry or send
the said captured vessel to some convenient port
of her own country, there TO be delivered ND TO
the competent tribunal, for trial and adudica
ton. And the said captured vessel shall there
be beiie II the name and behalf of the capors;
and In case of the conformation of the said
vessel, the proceeds Of l,e sale thereof and of
her cargo, if also condemned, sEalI be paid TO !
the commander of the said capturing vessel, for
the benefit Of the captors to be distributed ac-
cording TO the established rules of the service of
the nation TO which such capturing vessel shall
belong for the distribution of prize money.
ARTICLE 3. The captain conman. n and
crew, OF the said vessel captured and sent in
for trial and adjudication, shall be proceeded
against confornably 10 the laws of Tie country
whercinto they shall be so brought upon the
charge ofpiracy, By being engaged in the Afri-
can slave trade and the captain, or commander
the boarding officer, and other persons belonging
to the capturing vessel shall be competent wit
| nesses to the facts relating to the said charge
and to the capture of The said vessel TO which
they shall be personally knowing: Bat every
such witness, upon the criminal trial for piracy
shall be liable to be challenged by the pc, son ac
cused, and set aside as incompetent, unless he
shall release a d Tcneunce all his individual
claim 10 any part Of the prize money, upon the
condemnation of the vessel and cargo
ARTICLE 0. 1t is agreed between the birb
contracting parties, tiiat the right of visiting,
capturing, and delivering over for trial the
vessels engaged 10 the African Slave trade, and
assuming their respective flags. is mutually con-
coded to the officers of their respective Nayics
ON the consideration that they have, by their
respective laws, declared their citizens and sub
Jects, actively participating in the said traffic,
guilty OF the crime of piracy.
That no part Of this Convention shall be so
construed, as to authorize the detontion search
or visitation, of she merchant vessels of either
nation, by the public officers of the Navy of tic
other, except vessels engaged in the African
slave trade, or for any other purpose whatever