, 1862-05-02

4e1 u TdNt73tof, dpf1E I, l6t3-
TREATY E9R1d1N f9R THE kf1EH kSGRRREssRoE OF TEE
The Tinted states Of America and her Ma-
Iesty the Queen Of the United Kingdom Of
GTtat Britain and ireland, being des1rous to
render more eftectuA the. means hitherto
adopted for the suppression Of the slave trade
carried on upon the Coast Of Africa, have
deemed it ezpedient to conclude treaty for
that purpose, and have named as their pleni-
pofentiaries, that is to say: The President Of
the United States of America, Wm. e. Sew
ard, Secretary Of State, and her Majesty the
Qneen Of the United ksingdom Of Great Bri-
ard Bickerton Pencil, Lord Lyons, Peer Of
her United Kingdom, a Knight Grand Cross
Of her most Honorable Order OF the Bath, aud
her Envoy Extraordinary and Minister PIeui-
potentiary to the United States Of America,
VINO, after having communicated to each 9TH
ard due form, have agreed upon and conclu~
ded The following articles:
ARTICLE I.
The two high contracting parties mutually
consent that those ships Of their respective
naV1es which sball be provided with special in
struct1onB for that purpose, as hereinafter
mentioned, may visit such merchant vessels of
ground be suspected of being engaged in the
African slave trade, or Of haTing 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 African slave
trade, contrary to the provisions of this treaty:
and.that such cruisers may detain, and send
or cIFry away such vessel, in order that they
may be brought to trial in the manner herein
after agreed upon.
In order to tx the reciprocal right Of search
n sueh manner as shall be adPatsd to the at
tainment OF the object of this treaty, and at
same time avoid doubts, disputes, and COM
plalnts, the said right Of search shall be un-
deTstood in the manner and according to the
rules following;
F1r*t, 1t shall never be exercised except By
vessels-of-War, authorized expressly tor that
object, according to the stipnlations Of this
treaty,
Secondly, The right Of search shall in no
case be exercised with respect to 4 vessel Of
the paEy Of either Of the two Powers, bat
sels and it shall not be exercised By s vessel
o1-War Of either contracting party within the
limits Of settlement or port, nor within the
territorial wate1s Of the other party.
Thirdly: Whenever merchant vessel Is
searched By 8 ship-ot-war, the commander of
the said ship shall, in the act OF so doing, ex-
hlbit to the commander Of the merchant vessel
the special instructions by which he is duly
authorized to search, and shall deliver to such
commander certificate, signed by himself,
stating his Eank III the naval service Of his
%ouI4lt3 dEu tuG ulu4E VI Inc vessel ne GQu1-
1nauds, and also dt claring that the only object
Of the search is to ascertain whether the vessel
is employed in the African slave trade, or is
fitted up for said trade. When the search is
made BY an officer Of the cruiser, who is not
the commander such 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 nav ;,
the name Of the commander by whose orders
&c proeeeds to make the search, as above de-
scrlbed. II it appears from the search that the
| papers OF the vessel are in regular order, and
that it is employed on lawful objects the off
I Ger shall enter in the 1og-book of the vessel
that the search las been made in pursuance
o. the Aforesaid special instructions; and the
vessel shall be left at Liberty 10 pursue its
voyage. The rank Of the officer who makes
the search must not be less than that Of lieu
tenant in the navy, unless the command,
either By reason Of death or other cause, is at
the time held by an officer Of inferior rank
foat7thly: The reciprocal right Of search
and detention shall be exercised only within
the distance Of two hundred and fifty miles Of
tue coast OF Africa, and to the southwark of
the thirty y-sccond parallel Of north latitude,
and within thirty leagues of the coast Of the
Island of Cul,2.
ARTICLE II.
In order to regulate the mode Of carving
the provisions Of the preceding article into
execution, it is agreed
Fifct: That ali the ships Of the pavies Of
the tTD rations which shall be hereafter en-
ployed to prevent the african slave trade shall
be furnished by their respective Governments
with copy of the present treaty, Of the in
EtIuctions for cruisers annexed thereto (mark-
cd AZ, and OF the regulations for the mixed
courts OF Justice annexed thereto (markcd b,
which anneSes respectively shall be consd-
cred as integral parts Of the present treaty.
btco7adtg: That each Of the high contracting
parties shall from time to time communicate
to the other the names Of the several ships
furnished with such Instructions, the force Of
each, ard the names Of their several command
ers. The said commanders shall hold the
rank OF captain III the navy, or at least tn It Of
lieutenant; it bling nevertheless understood
that the instructions originally issued to an
officer holding the rauk Of lieutenant Of the
navy, or other superior rank, shall, in case Of
his death or ttlup uporary absence, he sufi eient
to authorize the officer on whom the COM
mand OF the vessel has dcrolyed to make the
search, although such officer may not hold the
aforesaid rank in the service.
1Hird{y: That ii at any time the commander
of a cruiser of either Of the two nations shall
suspect that any merchant vessel under the
escort or convoy Of any ship OF ships OF
war OF the other nation carries negroes on
board, or has been engaged in the African
slayetrade, or is fitted out for the purposc
thereof, the commander of the cruiser shall
communicate his suspicious to the commander
OF the convoy, who, accompanied by the eom-
mander OF the cruiser, shall proceed to the
search OF the suspected vessel; aud in case the
suspicious appear well founded, according to
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 be adiudicatcd
| upon.
Fourthly, It is further mutu lily oyrecd that
ff1ftL1 eF{
respectively, who shall be employed on this
service, shall adhere strictly to the exact tenor
| Of the aforesaid instructions.
ARTICLE ILL.,
! As the two preceding articles are entirely
| reciprocal, the TWO contracting parties eug1ge
| mutually to make COED any losses which thelr
| respective subjects or citizens may incur by
an arbitrary and illegal detention Of their YES.
| sells 1t being understood that this indemnity
| shall he borne by the Government whose
cruiser shall have been guilty Of such arbitrary
| ard illegal detention; and that the search aud
| detention Of vessels specified in the first artl-
Gle OF this trcaty shall be effected only By ship;
| which nay form part of the two navcs, re.
! spective1y, and By such Of those ships only as
are provided with the special Instructions al
ncScd to the present treaty, in pursuance o1
I the provisions thereof. The indeuniicatiou
for the damages Of which this article treats
shall be paid within the term OF one year,
! 1cChuulHS 1TnIil IHt uaf III WHICH Lne mixed
! court Justice pronounces its sentence.
ARTICLE ".
! III order to bring to adjudication, with 4:
/ little delay and Inconvenience as possibie, the
! vessels which may be detained according to
/ the tenor of the first article of this trelty
| there shall De established, Us soon as NAV be
| practicable, three mixed courts Of Justice,
.! formed by an equal number of individuals oi
| the two nations, named for this purpose b}
!; tLcir respective Governments. Tnese courts
shai1 Tcsldc-one at Sierra Leone, one at the
t Cape Of Good Hope, and one at New York.
t But each OF the Two high contracting partics
Eesefyesto Itself The right ol changing at it:
pleasure, the place Of residence Of the court
or courts held within its own territories.
These courts shall judge the causes sub.
mittvd to them according to the provisions
i vi the present treaty, and according to tht
rcenlations aud Instructions which are an
considered IN integral part thereof, and there
shall be no appeal from their decision.
i ARTICLE Y.
In case the commanding officer of auy O.
the ships of either country. duly commis
stoned according to the provisions Of the tirs
article OF this treaty, shalt deyiate 1t in any
| respect from the stipulations of the said
treaty. or from the instructions annexed to it,
the Government which shall CONCEIVE itsel
to be wronged thereby shall be entitled Il
demand repa1ation; and il such c:sses tht
Government to which such commanding Of
f1ccr may belong birds itself to cause inquir,
to be made into the subject of the complaint
and to iDaict upon the said officer punish
ment proportioned to any wiIlful trims
grtssIon which he may be proved to hay,