Daily intelligencer. [volume] (Wheeling, Va. [W. Va.]) 1859-1865, 1862-08-21

- - q ~ ~ 10 20 lf.4-
J. AUGUST 81. 1862.
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appear well founded. according 70 the tenor
of this treaty, then the said vessel shall be
conducted or sent to one of the places
where the mixed courts of justice are sta
toned, in order that it may there be adju-
dicated upon. ian s.s..- .r-.
Fourthly. It is further mutually agreed
that the commanders of the ships of the two
nayies, respectively, who shall be employ
ed on this service shall adhere strictly to
the exact tenor of the aforesaid instruc-
tons.
ARTICLE Ill.
/ As the two preceding articles are entirely
reciprocal, the two high contracting parties
engage mutually to make good any losses
which their respective subjects or citizens
may incur by an arbitrary and illegal de-
tentiou of their vessels; it being under
stood that this indemnity shall be borne by
tho government whose cruiser snail have
been guilty of such arbitrary and illegal
detention; and that tie search and deten-
tion of vessels specified in the first article
| of this treaty shall be effected only by ships
which may form part of the two navies, re-
spectively, and by such of those ships ouly
| as are provided with special Instructions
annexed to the present treaty, in pursuance
of the provisions thereof. The indemnii
cation for the damages of which this article
treats shall be paid within the term of one
year. reckoning from the day in which the
mixed court of Justice pronOunces its seu-
teuce.
In order to bring to adjudication. with
as little delay and Inconvenience as psssi-
BILE, the vessels which may be detained ac-
cording to the tenor of the first article of
this treaty, there shall be established, as
soon as may be practicable, three mixed
courts of Justice. formed by an equal NUM-
Der of individuals of the two nations, named
for this purpose br their respective Gov,
ernmeuts. These courts shall reside-one
at Sierra Leone, one at the Cape of Good
Hope, and one at New York. sr4.ss,I b
But each of the two high contracting
parties reserves to itself the right of chang
ing, at its pleasure, the place OF residence
of the court or courts held within its own
territories. E
These courts shall judge the causes sub
mitted to them according to the provisions
of the present treaty, and according to the
regulations and Instructions which are an
nexed TO the present treaty, and which are
considered an integral part thereof, and
there shall be no appeal from their dicision-
ARTICLE v. - s5o
In case the commanding officer of any of
the ships of the Dayies OF either country,
dolly Commissioned according to the pro-.
visions of the first article of this treaty,
shall deviate in any respect from the stip-
nlations of the said treaty, or from the in
strpctions annexed, to it, the Government
which shall conceive itself to be Wronged
thereby shall be entitled to demand repa-
ration; aud in such case the Government
to which such commanding officer may
belong binds itself to cause inquiry to be
made into the subject OF the complaint, and
to inflict upon the said officer punishment
proportioned to any; wilful transgression
which he may be proved to have committed.
iia ATTToLE VI. 1i7flHo Ias
1t is hereby further mutually agreed that
every American or British merchant vessel
which shall be searched by virtue of the
present treaty may lawfully be detained.
and sent or brought before the mixed
courts of justice established 10 pursuance
of the provisions thereof, if, in her equip=
ment, there shall be found any of the things
hereinafter mentioned, namely: fif at
First. Hatches with open grhtiugs, in
stead of the close matches, which are usual
in merchant vessels. '4N A1aa27h
Second. Divisions or bulk heads in the
hold or on deck in greater number than
trade. p t'9'''f'
Third. Spare plank fitted for laying
down second or slave deck.
Fourth. Shaekles, bolts or handcuffs!
Fifth. A larger quantity of water In
casks or tanks than is requisite for the
consumption ofth crew of the vessel as a
merchant vessel. rt
Sixth. An extraordinary number Of wa
ter casks, or of other vessels for holding
Iliquid. unless the master shall produce a
certificate from the custom-house at the.
place from which he cleared outwards,
stating that a Sufficient security had been
given by the owners of such vessel that
such extra quantity of casks or of other
vessels should be used only to hold palm
oil, OF for other purposes of lawful com
| .rerce. 20 on1 p -i.shi'3ia1 81 IS, ~ -.
Seventh. A greater number of mess
tubs or kids than requisite for the use of
the crew OF the vessel as merchant yes
sci. ir4 - n'e1f sa1 71f 1 a
| Eighth. A boiler or other cooking ap-
paratus, of an unusual size, and larger, or
capably of being made larger, than reaui-
SlNs for NH0 uSe VI bue SEeW VI hne NeSsSi
ns a merchant vessel or more than one
boiler, or other cooking apparatus, of the
or diuary size. !,
Ninth AN extraordinary quantity Of
rice, of the flower Of Brazil, of manioc OF
cascade, commonly called laFfua, of maize,
or of Indian corn, or of any other
article OF food whatever, beyond the
probable wants Of the crew unless such
rice, -four, farina; maize, Indian gtotn, OF
other article of food, be entered on the
manifest as part of the cargo for trade. 5d
Tenth. Aiquantity of mats or mattiug
greater than is necessary for the use ofthe
crew of the vessel as merchant vessel /;
unless such mats or mating be entered on
the manifest as part of the cargo for trade
IL If IL be proved that auy one or more of