, 1862-05-02

have been on board during tho voyage In
| which the vessel Ta6 Captured, that fact shall
| be considered Us pri,aa ,facze evidence that
| the vessel was employed in the African Slave
demned aud declared lawful Drfze. nnIess the
master or owners shall furnish clear and in
| coutroyertible evidence, proving to the satis-
| faction Of the mixed court Of Justice that at
the time Of her detention or capture the YES
sci was emPloyed IN a. h~fa1 undertaking,
and that such Of the different articles above
| specified as we're found on board at the time
Of detention, or as may nave been embarked
during the voyage on which she was ensaged
when captured, were Indispensable for the
lawful object Of her voyage.
ARTICLE vi.
II any one OF the articles specified In the
preceding article as grounds for condemna-
ton, should be found on board merchant
vessel or should be proved to baye been on
board OF her during the voyage on which she
was captured, no compensation for losses,
damages, or expenses consequent upon the
detention OF such vessel, shall, in anT case be
granted either to the master, the owner, or
any other persons: interested in. the equip
ment OF in the la1ing, even though she should
not be CONDEMNED by the mixed court Of JUS
tice.
ARTICLE VII.
It is agreed between the two hish contract-
ing parties that in all cases in which vessel
shall be retained under this treaty by their re-
sapeetiye e1nise1s IS having been engaged in
the African slave trade, or as having been TT
ted out for the purpose thereof, and shall con-
se4uent1y be adjudged and condemned BY one
ofthe mixed courts OF Justice to be established
as aforesaid, the said vessel shall, immediately
after its condemnation, be broken up entirely,
and shall be sold in separate parts, after having
been go broken up, unless either Of the two
Governments should wish to purch $50 her for
the use OF its navy, at price to be liked By
competent person chosen for that purpose bJ
the mixed court OF justice, in whicn case the
the condemned vessel shall have the first op-
ton Of purchase.
ARTICLE IL,
The captain, master, pilot aud crew Of any
Vessel condemned By the mixed courts Of iu:-
uce shall be punished according to the Iaws
Of the country to which such vessel belongs,
as Shall also the owner OF ow'pers and the per
son6 interested in her equipment or cargo, IN
less they prove that they had no participation
in the enterprise.
For this purpose the two high contracting
parties agree that in 80 far as it may not be at
tended with grievous expense and inconyeni-
ence, the master and crew Of any vessel which
may be condemned by q sentence Of one Of
the mixed courts Of Justice, as well as any
other persons found on board the vessel, shall
be sent and delivered up to the jurisdiction of
the nation under whose flag the condemned
vessel was sailing at the time Of capture; and
th1. tha1 ne M ;i ana proofs necessary to es
er persons, Shall also be sent with them.
The sanle course shall be pursued with re-
gard to subjects citizens OF either contract-
ing party who may be found by cruiser Of
the other on board vessel of any third Pow
er, or on board vessel sailing without Hasr or
papers, which may be condemned by any com
perent court for having engaged in the African
s1aye-trade.
ARTICLE T.
The negroes who are found on board of
vessel condemned by the mixed courts of ius~
tice, in conformity with the stipulations of
this treaty, shall be placed at the disposal Of
the Government whose cruiser has made the
capture; they s'tall be Immediately set at lib
cry and shall remain free the Government to
whom they have been delivered guaranteeing
their liberty.
ARTICLE II.
The acts or instruments annexed to this
treaty, and which it is mutually agreed shall
form an integral part thereof are as follows;
{A-) Instructions for the ships Of the navies
Of both nations, destined to prevent the Afri-
can slayc-tradc.
{B.} Regulations for the mixed co urtsof
justice.
ARTICLE XII
The present treaty shall be ratified, and
the ratitlcations thereof shall be exchanged at
ADEA0A Ill Ola L4OAlu5 HULL kl16 uAtc+ OF
sooner il, possible. It shall continue and re-
main in full force for the term often years from
/ the day Of exchange Of tue ratifcations aud
further, until the end Of one year after either
| Of the contracting parties shall have given
| notice to the other Of its intention to termi-
nate the same, each Of said parties rcserying
to itself the right Of glying such notice to the
! other at the end Of said term Of ten years,
| And it is hereby agreed between them that,
OIL the expiration Of one year after such no.
| tice shall have been received by either from
the other party, this treaty shall altogether
cease and determine.
| In witness whereof the respective plenipo-
| tentiarics have signed the present treaty, and
have tlereucto affixed the seal Of their arms.
Done at Washington the seventh day Of April,
in the year Of our Lord One thousand eight
hundred and si1ty-wo.
WILLIAM e. SEWARD,
LYONS.