The daily Evansville journal. (Evansville, Ind.) 1862-1863, 1862-11-08

1
| April in the year of our Lord one thousand
| eight hundred and sixty-two.
| r.. s.. WILLIAM Ii SEWARD.
II. LYONS.
Anaer OBJ TO The Treaty becrees the United States Of
Aulertca and Greet Britain for the Abolition of
the African Stare Trade signed at Washington
the 7th day Of april, 1862.
| REGULATIONS THE MIXED COURTS JUSTICE.
ART The mixed courts of justice to be estab-
lshed under the provisions of the treaty, of which
these regulations declared to be integral
part, shall be composed in the following manner:
| The two high contracting parties shall each name
| Judge aud an arbitrator, who shall be authorized
to hear and to decide without appeal, all of
capture detention of vessels which, in pursuance
of the stipuaons of the aforesaid treaty shall be
| brought before them.
| The Judges aud the arbitrator shall, before they
upon the duties of their Office, respectively
make oath before the principal magistrate of the
place in which such courts shall respectively reside
that they will judge fairly and fathfully that they
| will have preference either for claimant for
captor and that they will act in all their decisions
in pursuance of the stipulations of the aforesaid
treaty
There shall be attached to each of such courts
secretary registrar, who shall be appointed by
the party in whose territories such court shall re-
side
Such%ecrctary registrar shalli register all the
acts of the court to which he is appointed and
shall, before he enters upon his offic make oath
before the court that he will conduct himself with
due respect for its authority and will act with fl
uellly III ali AuatteIo icldtAHS ~
his office. y
The salaries of Ethe Judges and arbitrator
shall be paid by the Governments by whom they are
appoi nted.
The salary of the secretary or registrar of the
! court to be established in the territories of the
United States shall be paid by the United States
| Government; and that Of the secretaries regis
of the two courts to be established in the ter
ritories of Great Britain shall be paid by her Bril-
| tai 1ica Majesty.
: Each of the two Governments shall defray half
of the aggregate amount of the other expenses Of
such courts.
Carr. The expenses incurred by the officer charg.
4 ed with the reception maintenance and of the
detained vessel, negroes, and cargo, and with the
execution of the sentence, and all disbursement
casoned by bringing vessel to adjudication, shall
l in case F0f condemnation, be betrayed from the
funds arising out of the sale of the materials of the
vessel after the vessel shall have been broken up,
of the shipls stores and of such parts of the cargo
1 | shall consist of merchandise And in the
proceeds arising ont of this sale should not prove
| sufficient to defray such expenses, the deficiency
; shall be made good by the Government of the
try within whose territories the adjudication shall
+ have tak9n place.
If the detained vessel shall be released the ex-
o penses occasioned by bringing her to adjudication
shall be betrayed by the captor except in the
f specified and otherwise provided for under article
VII. of the treaty to which these regulations form
/ an annex, and under article VII of these regua
n tions,
ART III The m xed courts of Justice are to de-
IF eide upon the legality of the detention of such
g, sells the cruisers of either nation shall detan in
', in pursuance of the said treaty,
The said shall adjudge definitely, and with
,e out appeal, all questions which shall of
., the capture and detention of such vessels.
d The proceedings of the courts shall take place
summarly as possible; and for this purpose he
20 courts are required to decide each case, far
may be practicable within the space twenty days
to be dated from the day which the detained
Of sells shall have been brought into the port where
We the deciding court shall reside
The final sentence not, in any case, be delay
c ed beyond the period of two months, either
d. count of the absence of Witnesses any other
at cause, except upon the application of any Of the
if parties interested but that CASE upon such par
ty parties giving satisfactory security that they
ye will take upon themselves the expense and risks
the delay the courts at their discretion grant
es IN addi tiona delay not exceeding four months.
IN Either party shall be allowed to employ such
r counsel as he may think fit, to assist him in the
o. conduct of his cause.
All the acts and essential parts of the proceedings
he of the said courts shall be committed to writing
We be and placed upon record
lis ART. w. The form of the process, mode
proceeding to Judgement, shall be follows;
a. The judges appointed by the two Governments,
e. respectively shall in the first place proceed to
examine the papers of the detained vessel and shall
of take the deposition of the master commander,
and of two three at least of the principal indi-
viduals on board of such vessel and shall also take
the declaration oath of the Icaptor, if it should
appear to them necessary to do in order to judge
and to pronounce whether the said vessel has been
Justly detained not, according the stipulatons
of the aforesaid treaty and in order that, accord
%" ing to such Judgement the vessel may be condemn
ed released In theeyent of the two judges moi
agreeing as 20 the sentence which they ought to
pronounce in any case brought before them, wheth-
- er with respect to the legality of the detention OF
@ the liability of the vessel to condemnation, tC
He the naturalization to be allowed as to any OF h
question which may arise out of the said captur,
or in any difference of opinion should arise be-
them as to the mode OF proceeding in the said
ali court, they shall draw by lot the name OF one
a the two arbitraters appointed aforesaid
or which arbitrator after having considered the pro
llv ceedngs which have taken place. shall consult will
an thewo judg the casel and. he final sentence
ses decision shall be pronounced conformably to tn
ng ( opinion of the majority of the three
Ann V + thR dot pI CHI ho
md by the sentence of the court the vessel and the
lch CO. in the state in which they shall then be found
ar w hthe exception of the negroes found on board
lie if such negroes shall have been previously disem
rts baked under the provisions of article " and v
Gle the instructions annexed to the treaty of this date
shall forthwith be given up,to the master ito t.
At person who represents him and sudh master othe
vvo person may before the claim valuation
tbo of the damages which he may have right to dc
,a mand. The captOr himself, and, in his default hi
the Government shall remain responsible for the dam
can ages which the master of such vessel the own
either of the vessel or of her cargo, may be pro
the nounced to be entitled.
the The two high contracting parties bind themselvc
to pay, within the term of year from tn date
xo the sentence, the and damages which may b
t a awarded by the court; it being mutually agree
the that such costs and damages shall be paid by tn
be Government OF the country OF which the captC
ion shall be subject.
and Arr vi. Ii the detained vessel shall be col
SOS demned, she shall be declared lawful prize togetl
nan err with her cargo, of whatever description
ircr be- with exception of the negroes who all ha'
The been brought on board for the purpose of trade
tb the With article of the treaty of this shall
nav as well her cargo, be sold by public sale for Il
the profit of the two Governments, subject to the pa
on | ment of the expenses hereinafter mentioned
ate The negr who may not previously have bee
rev dis nbarked shall receive from tn court of
rgo cate of emancipation, and shall be delivered
IN to the Government to whom the cruiser which mat
the the capture belongs, in order to be forthwith
,uch liberty.
hall ART. VII. The mixed courts of justice shall al
1rad take cognizance Of and shall decide definitely
,uch without appeal, all claims for compenla alton
lie count of losses Occasoned to vessels and cargo
sci which snail nave Deeh detained under tine Prov
oard ions Of this treaty but which shall not have bee
of condemned legal prize by the said courts and
ten all wherein restitution of vessels
csrgoes shall be decreed, mentioned in Il
re- With article of the treaty to which these regul
the tions form annex, and in a subsequent part
these regulations the court shall award the ella
l. he mant claimants to his their lawful alto
anne ney attorneys, for his or their uss just
ng complete Naturalization for all costs of suit,
been for all losses and damages which the
ers may have actually sustained by such captu
hall and detenton; and il is agreed that the indemn
the catioa shall be as follows:
IF First. In of total loss, the claimant or CLAIM
atb ants shall be ndemnifed-
,lace "a For the ship, her tackle, equipment al
any stores
ton T. OBJ For all freights due and payable,
(C.) For the value of the cargo of merchandise,
the any. deductng all charges, and expenses viii
I,ov laau =