Nebraska advertiser., 1863-06-25

mercha al vessel liable to be serehed under the pro.
visions Of the soid treaty, th e vesse shall be cOnduc
ted with the courtesy and consideration which
ought to be observed between allied and friendlJ
nations: and tho search sail, in all cases., be made
by an officer holding q rank not lower than that o.
q lieuteIiant in the nsvy;or by the officer who at tbs
time shell be second In command of the ship by
which such seAveh is made.
Art. 3. The ommander of any ship of the two
navies, duly authorized as Aforesaid, who may de
tain any mrrchat-vessel, in pursuance Of the tenor
Of the pfefent instructions, shall leave on board the
vessel 50 detained, the master. the mate Or boat :
swain, and two or three, at least, of the crew, the
whole hi the negroes, if any, and all the cargo. The
captOr shall, at the time Of detention, draw up, in
writing, q declaration, which shall exhibit the
state inWhich he found the detained vessel; such
declaration shsll be signed by himself, and shall be
given in or sent, together with the captured vessel
to the mixed court Of justice before which such yes
sci shall be carried or sent for adjucation. He
shall deliver to the master of the detained vessel
a signed and certified list of the papers found on
board the same, as well as t certificate of the num-
her of negroes found on board at the moment Of de-
tention.
In the declaration whice the captor is hereby re-
quiIsd TO make, as well as in the certified list Of the
papers seized, and in the certificate Of the number
Of negroes found on board the detained vessel, he
shall insert his own name and snrname,, the name
Of thu capturing ship, and the latitude and longi-
tude of the place where the detention shall have
been made.
The officer in charge Of the detained vessel shall
at the time of brining the vessels papers into the
mixed court of justice, deliver into the court a GER
tihcate signed qy himself and varifed on oath,
stoting any changes which may have taken place
in respect to the vessel, her crew, the negroes if
any, and her cargo, between the period Of her de-
tention and the time Of delivering in such paper.
Art. 4. If urgent reasons. arising FROM the length
of the voyage the state of health Of the negroer, or
any other cause, should require that either the
whole or a portion of such negroes should be disem-
barked before the vessel can arrive at the place nc
which one Of the mixed courts of justice is estab-
lished, the commander ofthe capturing ship may
take upon himself the responsibility of so disembark-
ing the negroes, provided che necessity OF the dis
ebarka lion, and The cause thereof, be stated in a
certificate in proper form. Tuch certificate shall
be drawn up and entered at the time on the log
book of the detained vessel.
Art. 5. In case any merchant-vesse detcined in
pursuance Of the present Instructions, should prove
to be unseaWorthy, or in such q condition as not to
be taken to one of the three ports where the mixed
courts Of Justice are to be established in Uursu-
ance of the treaty of this cate, the commander of
the detail ming cruiser may take upon himself the
responsibility Of abandoning or destroying her, pro-
vided the exact causes which made such u step inn
D~eratiVely necessary be stated in a certsfeaie YER
fled OH oath. Tuch certificate shall be drawn up
formally executed in q duplicate at the time.
In case Of the Abandonment or destruction Of a
vessel, the master and crew, together with
the negroes and papers found on board, and one
copy Of the swOren certificate mentioned in the pro-
cedi1g paragraph of this article, shall be sent aud
to the proper mived court Of justice at
the earliest possible moment.
The unpersigned plenipOten tiaries have agreed
in conformity with the XIth article of the said
treaty signed by them on this day, that the present
shall be annexed to the said treaty, and
be considered an integral part thereof.
Done at Washington the seventh day Of April in
year Of our Lord one thousand eight hundred