Constitutional Whig. [volume] (Richmond, Va.) 1824-1832, 1824-06-11


ludcatiou of the capture.
And the comma ,ier of the pturing vessel shall
be authorized to send any one of the officers under
ks command, and one two of his crew, will, the
vessel, to appear before the competent tribunal,
witnesses of the facts regarding her detention and
capture; the reasonable expenses of which wit
ncsscs, in proceeding to the place of trial, during
their detention there, and for their return their
own country or To- their station III its service, shall
he allowed by the court of adjudication, and de
irayet, III the event of the vessel being condemned
out of the proceeds Of its salc in of the acquit
tai OF the vessel the expenses, above specified, of
these witnesses, shall be betrayed by the government
ct the capturing officer.
ARTICLE VI.
Whenever any capture shall bc made, under this
convcution by the officers of either of the contract
ing parties, and national vessel of that country
Ia which the captured vessel belongs is cruizing
the station where the capture takes place, tue
commander of the capturins vessel shall, in such
case either carry send his prize IT, conveni
eat port OF its country, of any of its DEEPEN
denotes, where court of vice admiralty has iuris
diction and there give it competent autholtc
for trial and adjudication.
The captured vessel shall then he libcllcd accord
ing to the practice of the taking cognzancc of
the case aud, if condemned, the proceeds of the
sale thereof, and its cargo if also condemned shall
be paid TO the commander of the capturing vessel
for the benefit of the captors, to be distributed u
respecting prize money.
ARTICLE VII.
The commander aud crew of any vessel, ca ptur-
cd under this convention, and sent for trial, shall
be proceeded against confornably the law of the
country whcreiuto they shall be brought rs pirates
engaged in the African slave trade; and it is fur
Their agreed, that any individual being a citizen or
subject ofcithcr of the two contracting parties who
shall DC found board any vessel not carrying the
flag of tho other party nor belonging 10 the subjects
citizens of either, but engaged in the illic,
hc OF slaves, and lawfully seized that account Ivy
the cruzcrs of the other party, or condemned under
circumstances which by involving such individual
III the guilt of slave trading, would subject him to
the penalties OF piracy, he shall be for trial be-
fore the competent court in the country Which Inc
belongs, and the reasonable expenses of any wit
nesScs belonging to the capturing vessel in proceed
ing to the place of trial. during their detention there
and for their return heir country or to their
station in its service, SHALL i'll every such case, be
allowed by the court, and betrayed by the country
III which the trial takes place ; but every witness
belonging to the capturing vessel, shall, upon the
criminal trial for piracy, be liable be challenged
by the accused person, and set aside as imcompc-
tent, unless he shall release his claim any part
of the prize money, upon the condemnation of the
vessel and cargo.
ARTICLE VIII.
The right reciprocally conceded by the two con-
tracing powers, of visiting, capturing, and deliver
ing for trial. tho mcIchant vessels Of the other
engaged i'll the rattle of slaves, shall be exercised
only by such commissioned officers of their respcc-
tive navies as shall be furnished with Instructions
for executing the laws Of their respective countries
against the slave trade.
For every veXatious and abusive exercise of this
right, the boarding officer aud the commander of the
capturing or searching vessel shall, in each case be
personally liahlc in costs and damages to the mas
ter and owners of any merchant vessel delivered o.
yer, detained, visited by them under the provi-
sions OF this convention.
Whatever court of admiralty shall have cogni-
lance of the cause, regards the captured vessel
in each case the same court shall be competent Ia
hear the complaint of the ma ,ter or owners or OF
any person or persons, on board The said vessel oil
Interested III the property Of her cargo at the time
of her detention; and, on due and sufficient proof
being given 10 the court of any vcxation and abuse
having been praCtisct during the search and deten-
hon Of the said vessel contrary to the provision:
nnl meaning Of this convention, To award reasona-
BILE costs and damages To The sufferers, to be paid y
the commanding boarding officer convicted al
such misconduct.
The government Of tie party thus cast in DANA
ScS and costs shall cause the amodnt Of the anne
To be paid, III each Instance agrccably the iutIg-
ment OF the court. within twelve months from the
date thereof.
In case Of any such vocation and abuse occur.
ring III the detention or search of any vessel details
ed under this conventions and not afterwards deli
vered over for trial, the persons aggrieved, being
such as arc specified above, any of them, sha II
he heard by any court of admiralty of the country
OF the captors, before which they make complaint
thereof, and the commander and boarding officer of
the OBTAINING vessel shall, in such instance be liza
BILE, as above i'll costs and damages the complain
ants, according to the Judgment of the court, and
their government shall equally cause payment of the
same To be made, within twelve months fon the
time when such judgment shall have been pronoun-
ced.
Copies Of this convention, and the laws of both
Counties, actually in force for the prohibition and
suppression of the African sla trade shall I've fur
nishcd to every commander Of the national vessel,
OF either party, charged with the execution of those
laws; and, i'll case any such commanding Officer
shall be accused, by either of the two governments
OF having dcviatcd, in any respect, from the pro.
vision OF this convention, and the instructions OF
his own government i'll conformity thereto the
government to which such complaint shall be adj.
dressed, agrees, hereby, to make inquiry into the
circumstances of the case, and to infct on the
oihcer complained of, IN the event Of his appear
ing to deserve it, punishment adequate to his
transgression.
ARTICLE X.
The high contracting parties declare, that the
right which, III the foregoing articles they ha We
each reclprocaDy conceded, of OBTAINING yisitinr
capturing and delivering, over for trial, the ncr-
chant vessels of the other, engaged in the African
slave trade, Is wholly &cXcluSively grounded on the
consideration oi their having made that traffic pira-
cy, by their respective laws and further, tina, TIM
reciprocal concession of the said right, as guaycd
limited, and regulated by this convention, shan not
be SO construed as to authorize the detention o,
search of the merchant vessels of either nation bv
the officers nj the navy of the other, except vessel.
engaged, or suspected of being engaged in the AZ
rican slave trade or for any other purpose, what
ever, than that ofscizing and delivering up the
sons and vessels concerned in that traffic, for trial