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


he President ofehe Um4ed States, June Z, 1852.
ny TIE PRESIDENT OF THE UNITED STATES or
AMERICA:
A PROCLAMATION,
Whereas n treaty between the United States of
America and Her Majesty the Queen Of the United
Kingdom of Great Britain and Ireland was con-
cluded aud signed by their respective Plenipoten-
tiaries at the city Of Washington, the seventh
day Of April last, which treaty is, word for word,
"a follows:
Treaty between the United States of America and
Her Majesty the Queen of the United Kingdom
of Great Britain and Ireland, for the suppress
sion of the African slave trade
The United States of America and Her Majesty
the Queen of the United Kingdom of Great Britain
and Ireland, being DESTROYS to render more elect
ual the means hitherto adopted for the suppression
OF the slave trade carried on upon the coast OF
Africa have deemed it expedient to conclude a
treaty for that purpose, and have named rs tn ir
PlenpOtentRries, that IS to say
Tho President of the United States of America,
" illsm II seward, Secretary OF state;
And Her Majesty the Queen of the United King
dom of Great Britain aud ireland, the right hon
orahle Richard Bickerton Pencil, Lord Lyons, a
peer of her United Kingdom, knight grand cross
OF her most honorable Order of the Bath, and her
Envoy Extraordinory and Minister Plenipoten-
tiary to the United States OF America;
Who, after having communicated to each other
their respective full powers, found in good and due
form, have agreed upon ard concluded the follow
ing articles
ARTICLE l. The two high contracting parties
mutually that those ships of their respect
i've navi which shall be provided with special
instructions for that purpose, as hereinafter men
toned, may visit such merchant vessels of the two
nations may, upon reasonable grounds, be sus-
pected of being engaged in the African slave trade,
or of having been fitted out for that purpose; or
Of having, during the voyage on which they are
met by the said cruisers been engaged in the Airi-
slave trade contrary to the provisions of this
treaty; and that such cruisers may detain, and
send or carry away, such vessels, in order that
they may be brought to trial in the manner here
matter agreed upon.
Inc rfa tn fly h. ecID
such manner shall be adapted to the attain
ment of the object Of this treaty, and at the same
time avoid doubts, disputes, and complaints, the
said right OF search shall understood IN the
manner and according tO1he rules following:
First. 1t shall be exercised except by
sells of war, authorized expressly for that object,
according to the stipulations of this treaty.
Secondly. The right of search shall in no case be
exercised with respect to a vessel OF tue navy of
either of the two Powers but shall be exercised
only as regards merchant-vcsses and it shall not
be exercised Ivy vessel of war of either contracting
party within- the limits Of a settlement or port,
nor within the territorial of the other party
Thirdly. Whenever a merchant-yessel is search.
ed by a ship of war, the commander of the said
ship shall, in the act of so doing, exhibit to the
commander of the merchRnt-yessel the special in
structions by which he is duly authorized to
search; and shall deliver to such commander a
certificate, signed by himself, stating his rank in
the naval servic of his country, and the name of
the vessel he commands, and also declaring that
the only object of the search is TO ascertain whe
Their the vessel is employed in the African slave
trade, or is fitted up Tor the said trade. When the
search is made by an officer of the cruiser who is
not the commander, suce officer shall exhibit to
the captain of the merchant-vessel copy of the
aforementioned special instructions, signed by
the commander of the cruiser; and he shall in like
manner deliver certificate signed by himself,
stating his rank in the navy, the name of the COM
mander by whose orders he proceeds to make the
search, that of the cruiser in which he sails and
the object of the search, as above described If it
appears from the search that the papers of the
sci in regular ORDER and that it is employed on
lawful objects, the officer shall enter in the log
book of the vessel that the search has been made in
pursuance OF the aforesaid special instructions
and the vessel shall be left at liberty to pursue its
voyage. The rank of the officer who makes the
search must not be less than that of lieutenant in
the navy unless the command, either by reason OF
death other cause, is at the time held by an Off
Ger of inferior rank.
Fourthly. The reciprocal right of search and do
tention shall be exercised only within the distance
of two hundred miles from the coast of Africa, and
to the southwark of the thirty -secOnd parallel Of
north latitude, and within thirty leagues from the
coast of the Island of Cuba.
ART. II. In order to regulate the mode of carry
ing the provisions of the preceding article into exc
cution, it is agreed
First That all the ships of the navies of the two
nations which shall be hereafter employed to pre-
vent the African slave trade shall be furnished b.
their respective Governments with copy of tn
present treaty of the instructions for cruisers an
nexed thereto (narked Az, and of the regulation
for the mixed courts of justice annexed theret
(marked b., which annexes respectively shall b
considered as integral parts of the present treaty
Secondly That each of the high contracting par
ties SHALL from time to time, communicate TO Ith
other the names of the several ships furnished wit
such instructions, the force of EACH and the name
of their several commanders. The said command
ers shall hold the rank of captain in the navy, o
at least that of lieutenant; it being nevertheless
understood that the Instructions originally issue
to an officer holding the rank Of lieutenant OF th
navy, other superior rank, shall, in case of hi
death or temporary absence, be sufficient to au
thorize the officer whom the command of tn
vessel has devolved to make the search, althoug
such officer may not hold the aforesaid rank in tn
service.
Thirdly. That if at any time the commander
cruiser of either of the two nations shall suspe,
that any merchaut-yessel under the escort cor
vOy of any ship ships OF war of the other natiO
carries negroes board, has been engaged
the African slave trade, is fitted out for the pun
pose thereof, the commander OF the cruiser sha
communicate his suspicious to the commander
thu convoy, who, accompanied by the commands
OF the cruiser, shall proceed to the search of ii
suspec- ed vessel and in case the suspicious appe;
well founded, according to the tenor of this treat
then tine said vessel shall be conducted sent
oue of the places where the mixed courts of justi
are stationed in order that it may there be adiud
Gated upon.
Fonrthy. 1t is further mutually agreed that Il
commanders of the ships sof the two nayies re
pectiyely, who shall be employed this servi
shall adhere strictly to the exact tenor of the aor
said instructions.
ART. III. As the two preceding articles are G
tirely reciprocal the two high contracting, parti
engage mutually to make good any losses viii
their respective subjects citizens may incur
an arbitrary and illegal detention of their vesse
it being understood that this indemnity shall
borne by the Government whose cruiser shall ha
been guilty of such arbitrary and illegal detenti
and that the search and detention of vessels spe,
fled in the first article of this shall he elIe,
cd only by ships which may form part of the t,
navics, respectively, aud by such of those shi
only as are provided with the special instructio
annex d to the present treaty, in pursuance of
provisions thereof The indemnifcation for
damages of which this article treats shall be ps
within the term of year, reckoning from
day in which the mixed court of justice pronoun,
its sentence.
ART ". In order to bring to adjudication wi
as little delay and inconvenience as possible,
vessels which may be detained according to
of the first article of this treaty, there sh
he established, as soon as may be practicable, tn
mixed courts of justice, formed by equal nu
her of individuals of the two nations named
this purpose by their respective GOuernmen
These courts shall reside, one at Sierra Leone,
at the Cape of Good Hope, and one at New York
But each of the two high contracting parti
to itself the right of changing at its pie
uTe the place of residence of the court or cou
held within its own territories.
These courts shall judge she causes submitted
them according to the provisions of the prest
treaty, and according to the regulations and
structions which are annexed to the present tre
and which considered an integral part there
ana there shall be no appeal from their decision
ART v. In case the commanding officer of q
OF the ships of tn navies of either country dl
commissioned according TO the provisions of
hrst article OF this treaty, shall deviate in any
pect irom.the supulations ofthe said treaty or fr
the instructions annexed to it, the Goyernm
which shall conceive itself to be wronged tbere
shall be entitled to demand reparation and
Il