The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1844-08-23

/ Vhe Nl8ht 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
| The slave trade has been denounced by all the
civilized world as rspugnant TO every principle OF
justice and humanity You are, however, TO bear
| in mind that Great Britain claims no rights what
ever with respect 10 foreign ships engaged In that
traffic, excepting such as the law OF nations war
rants, or she possesses by virtue Of special rea-
| ties and conventions with particular States
| g. In proceeding to deal with 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 careful study OF the treaty,
| vention, or law upon which they are founded. You
are therefore to make yourself thoroughly CONVEX
well with all the instructions given to you rea-
tive TO the slave trade and you TO enjoin the
officers under your command 10 make themselves
acquainted with the parts that refer to the duties
which those officers are to perform, taking care to
afford every facility for this purpose.
3 The powers with which you are invested on
this service ntrusted to you for the sole purpose
OF suppessing the slave trade. and are never TO be
exercised without reasonable grounds OF suspicion
that the case is one OF vessel liable, on account
of being engaged in the slave trade, TO be brought
to justice by her Maiesty's ship under your COM
mand.
| 4. You are not to visit a vessel under foreign
| flag on the high seas on suspicion OF slave trade,
except in virtue Of special authority under treaty,
you have reason to believe that the yes
sci has no right or title to claim the protection OF
| the flag she bears. 1&
5 You are not on any account to search any
vessel, whether British or foreign, lying within the
recognised jurisdiction Of foreign civilized state,
wi bout the formal permission OF the local auiho-
| rites
6. Towards every functionary, British or foreign,
with whom you may come IN contact, you Will
invariably maintain respectful and cOur eOus de-
meanor.
T. Towards the masters and crews of vessels
the service Of suppressng the slave trade, you will
not only use moderation and discretion, combined
with frmness in the execution Of the duty ntrust-
ed to you, but will take every opportunity Of af-
fordng them assistance in distress, giving them
medical advice when required. and furnishing sup
plies when they are urgently needed, and pro-
peIly be spared by her Majesty's ships.
8 You will take special care TO ensure propriety
Of language and demeanor on the part of officers,
| seamen, and marines towards all persons with
whom they may come into contact IN the service
Of SURPRISING the slave trade !; and they must be
hbiton Of intemperance, will be visited with Sc
we're punishment and, in all cases, her Majesty's
officers are to recollect that they will be held an.
swerable, not only tor their own conduct, but for
that of their men,
8. You are not, without necessity, to resort to
coerclve measures for bringing vessels to and you
are 10 be cautious not to occasion further deva-
due regard to the service on which you are en-
ployed may require !; and you will bear in mind,
that in every case, and in all stages of the proceed
ings, it is highly important to cause the vessel
visited as little delay or Inconvenience as possible,
consistent with the efectual discharge OF tine duty
to be executed
TO- You are not entitled to insist that boat shall
be sent to, you from vesse! which has been
brought to for the purpose Of being visited that
any person shall come, or that any papers shall be
brought on board OF her Majestys ships, upon such
occasions.
H. On all occasions Of visiting suspected vessels,
the officer board is to be in proper uniform,
and of the rank required by the treaty or instruc
tons under which the visit IS made; and The boat
IN which he goes is always to carry British flag
and pendant; and he Is to be provided with the
documents comforting authority to visit and search,
and the instructions applicable to the occasion
IL Before an officer proceeds TO search vessel,
the minutest inspection is to be made Of her pa
pers, and every Information ehcited which can be
obtained by inquiries courteously made, as by this
means the necessity OF a search may be avoided.
ID. The crew OF a boat sent TO visit q suspected
vessel is to be suffered to quit the boat unless
s,ecially ordered to do so. The officer is not to
order them to quit the boat, unless II may be me-
ces Of the moment imperatively require it. If
further assistance s obtained from the cruiser tor
| the purpose Of making minute search, the addi-
| tional men must be accompanied by sufficient
number of officers to prevent damage to the cargo,
| or any rreguldriy or excess.
IA. Neither the master, nor any OF the persons
on board the vessel, are TO be removed during the
search, without their consent.
| Is. When, after the examination, there appears
to be no sufficient ground for SEIZURE, everything
that has been removed is tobe replaced as quickly
as possible, and carefully restored to its original
state and condition; and the vessel Is to be permit
| ted to pursue her course without delay.
16 In the case mentioned IN the proceeding ar
ce, 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 con-
| Quoted, or on any other ground; 1t the master
| should have any complaint TO make, the officer is
to request him to specify the particulars in writing
the the same mos. carefully, and to loose no time in
| applying such remedy as circumstances admit and
| the case may require.
Ii You make the search in person, you will your
self follow the directions contained In this article
II. 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 to offer TO enter on her log statement OF
| proce edings on board and, in Case the order is
accepted, he is to be careful to note down the ex
act time that elapsed from thu time the vessel was
boarded to the time she was liberated or seized
Is When the visiting officer has verbally report
ed his proceedings TO you, he Is, in all cases, we-
| Their the vessel be seized or not, TO commit the
same to writing imme dlately, with all the partcu-
| lars, while the facts 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 officers signature
attached, anu you Will IOTWdIu copy Vi IL, Will
YOUR own remarks, TO the senior officer Of the
| lion, and duplicate thereof to the Admiralty by
the first opportunity
49, When you have determined to detan yes
sci, you will Immediately notify your intention to
| her master; you will cause 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 list which on
will sign In this lie the papers voluntarily deliver
| ed ,ip must be distinguished from any that may
! have been concealed. II any should have been de-
stroycd or thrown overheard, the nature Of the pa
| pers. 40 far as il may be known, with the crcum-
| stances under which they were made away with.
must he carefully stated at the bottom OF the list ;
| and some person cognizant Of the facts must be
sent with the vessel TO make affidavit thereof 10
| the Court Of Adjudication.
20 On the detention Of vessel you will have a
| note made OF the quantity Of money or other valu
ables on board, and sign the same, and have that