The Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1837-1845, 1842-04-14
THE oUINTUPfKTREA1f FOR THE SUP
PRESTON OF THE AFRICAN SLAVE
TRADE .H--


AR X Proceedings shall be Immediately taken
against the vessel delta Led above stated her mas
ter, her crew, aud her cargo before the competent
tribunals Of the country to when she belongs: anu
they shall be tired and adudged according to the es-
tablished forms and laws in force In that country
and if it results from the proceedings that the said
vessel was employed the slave trade, fitted out
for that traffic the vessel her fittings, and her cargo
of merchandise, shall DC confscated; and the master
the crew and their accompices, shall be dealt with
comfortably TO the laws by which they shall have
been tried.
In case Of confscaon, the proceeds of the sale of
the aforesaid vessel SHALL within the space of SIX
months reckoning from the date ofthe SALE be placed
at the disposal of the Government OF the country TO
which the ship which made the capture belongs In
order to be employed in conformity with the laws OF
that country.
ART. XII If any one of the articles specified IN
Art. TX. Of the present treaty is found on poaru
merchant vessel or it it is proved TO have been on
board of her during the voyage which she was cap
tued, no compensation for losses damages, or eApen
ses consequent upon the detention OF such vessel
shall in any be granted, either to the MASTER or
the owner to any other person interes'ea IN inc
ca Equipment or ia the ladng though sentence OF
condemnation should not have been pronounced
against the vessel a consequences OF her detention
Arr XII In all cases in which vessel shall have
been detained conformity with the present treaty as
having been employed the slave trade fitted out for
that traffic. and SHALL in consequence have been tried
and conscated the Government of the cruiser which
shall have made the capture or the Government
whose tribunal shall have condemned the vessel may
purchase the condemned vessel for the OF ITS
Royal Navy, at the price fixed by competent person,
selected for that purpose by the said tribunal. The
Government whose cruiser shall have made the cap
ture shall have right of preference In the purchase
of the vessel. But If the condemned vessel should
not be purchased in the manner above pointed out,
she shall be wholly broken up immediately alter the
of con6scation and sold in separate portions
after having been broken up.
ART XIII. When by the sentence OF the compe-
tent tribunal it shall have been ascertained that
chant vessel detained virtue OF the present treaty
engage ed in the slave trade and not fitted
for that traffic she shall be restored to the lawful
owner owners. And if, in the course of the pro-
cecdings it shall have been proved that the vessel was
searched and detained illegally without sufficient
cause of suspIcon that the search and detention
were attended with abuse vexatIon, the commander
of the cruiser or the officer who shall have boarded
the said vessel the officer who shall have been in
trusted with bringing her in, and under whose auhO-
rity according to the nature OF the CASE the abuse or
vexatlon shall have occurred shall be liable in costs
and damages to the masters and the Of the
vessel and Of the cargo
These costs and damages may be awarded by the
tribunal before which the proceedings against the
detained vessel her master, crew, and cargo shall
have been instituted and the Government of the
country to which the officer who shall have given oc-
cason for such award shall belong shall pay the
amount of the said costs and damages within the Pc
riod Of six months from the date of the sentence,
when the sentence shall have been pronounced by a
tribunal sitting in Europe and within the period Of
year when the trial shall have taken place out of
Europe.
ART. XIV When in the search detention of
merchant vessel effected in virtue Of the present trea
ty any abuse vexation shall have been committed,
and when the vessel shall not have been delivered
over to the jurisdiction of her nation, the
ter shall make declaration upon oath of the abuses
or vexations of which he shall have to complain as
well as of the costs and damages to which he shall
lay claim; and such declaration shall be made be-
fore the competent authorities of the first port OF his
own country at which he shall arrive, before the
consular agent Of his nation at foreign port, if
the vessel shall in the first instance touch at foreign
pot where there is such an agent.
This declaration shall be verified by means of an
examination upon oath of the principal persons
amonst the crew or the passengers who shall shall
have witnessed the search or detention; and for
NAL statement of the whole shall be drawn up, two
copies whereof shall be delivered to the MASTER who
shall forward of them to his Government, in
support Of his claim for costs and damages.
1t is understood, that if any circumstance beyond
control shall prevent the from making his de-
claraton, it may be made by the owner OF the vessel
by any other person interested in the equipment
in the lading of the vessel.
On copy Of the formal statement abovemention-
ed being officially transmitted to it, the Government
of the country to which the officer to whom the
abuses or vexations shall be impu ed shall belong,
shall forthwith institute inquiry and if the valid
ity of the complaint shall be ascertaned, that Gov
eminent shall cause to be paid to the master or the
owner or any other person interested in the equip
ment or lading of the molested vessel the amount of
costs and damages which shall be due to him.
ART. XIV. The high contracting part es engage re-
ciprocally to communicate to each other, when ask
ed to do so, and without expense, copies OF the pro-
ceedngs instituted and of the judgments given rela-
tive to vessels searched detained execution Of
the provisions of this treaty.
ART. XVI The high contracting parties agree to
insure the immediate freedom of all the slaves who
shall be found board vessels detained and con-
demned in virtue of the stipulatons of the present
Treaty.
ART. XVII. The high contracting parties agree to
invite the maritime Powers of Europe which have not
yet concluded treaties for the abolition Of tie slave
trade accede to TIE present treaty.
ART. XVIII. The acts Instruments annexed to
the present treaty, and which is mutually agreed to
consider forming integral part thereof, the
following:
A. Forms Of warrants of authorization, and of or
ders for the guidance of the cruisers Of each nation
in the searches and detentlons he made in virtue
the present treaty.
B. Instructions for the cruisers Of the naval force.
employed in virtue of the present treaty, for the sup
pi ession of the slave trade.
ART XIX The present treaty, consisting Of l9
articles, shall be ratified, at the raticat thereof
shall be exchanged at London at the expiration of two
months from this date sooner if possible.
In witness whereof, the respective plenpoten,ares
have signed the present treaty, English and French
and have thereunto affix ed the seal their arms
Done at London, the 10Th day Of December in the
year of our Lord 1S4l
ABERDEEN ROLLER. ST. AULAIRE
SCHLEINIRZ. BRUNov
Anner-Instructions to Cruisers
!. Whenever merchant vessel belonging TO- OF
bearing the flag of any of the high con racing
parties shall be visited by cruiser of any OF the
other high contracting parties, the officer commanding
the cruiser SHALL before he proceeds visit the said
vessel exhibit to the master of such vessel the special
orders wh'ch confer upon him by exception the light
to visit her. and he shall deliver to such master Ger
tfcate, signed by himself specifying his rank in the
navy OF his country, and the OF the ship which