Rutland weekly herald. [volume] (Rutland, Vt.) 1859-1877, 1863-02-26

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BE Order Of the Bath, and Ter Envoy ExtraorSnar,
and Minister Plenpotentary to the United States O
Who after having communicated to each other thei,
respective full powers, found in good and due form
have agreed upon and concluded the following arti
Article 1. The two high contracting parties mutual
~ consent that those ships OF their respective nayes
which shall be provided with special instructions 70,
that purpose, hereinafter mentioned may visit such
merchant Of the two nations may upon
enable grounds be suspected Of being engaged in the
that purpose or Of having during the voyage o.. on
which they are by the said cruisers been ENGAGED
this and that such cruisers %eT dea and
send carry away, such vessels in order that they
may brought to trial in the manner hereinafter agreed
In order to fix the reciprocal right of search in such
shall be adapted to the attainment Of the
disputes and complaints the said right Of search shall
be understood in the manner and according to the rules
First It shall be exercised except by vessels
of war; authorised expressly for that object according
to the stipulatons Of this treaty. f7 -
exercised with respect to vessel Of the navy of either
Of the two Powers but shall be exercised only
BY vessel Of war Of either contracting party within
the limits Of settlement or port within the terri
t0T siI waters % Of the other party;
by ship Of war the commander of the said ship SHALL
in the act of doing exhibit the commander Of the
duly authorized to search and shall deliver to such
commander Certificate signed by himself stating his
Of the vessel be commands and also declaring that the
only object of the search is ascertain whether the
ted for s said Wan be ae n
officer Of the cruiser who not the commander such
officer shall exhibit to the captain of the merchan-ves
signed BY the commander of the cruiser and he shall
in like manner deliver certificate signed by HIMSELF
ns the
search, that Of the cruiser in which he Sails and the
from the search that the Of the vessel reg
ular order, and that it employed lawful objects
the search has been made in of the aforesaid
v.sy asd zaalx 0 THE 0mcer who
ant in the navy, unless the command either by reason
OF death or other cause is at the time held by an officer
Fourthy The reciprocal right of search and deten-
ton shall be exercised only within the distance of two
hundred miles from the coast Of Africa, and to the
southwark Of the parallel of north ati.
tude and within thirty leagues from the coast Of the
Island Of Cuba. " RI - -
Article IL. In order to regulate the mode of carry
ing the provisions OF the preceding article into
ton, it is agreed oIeE 49, -
First That all the ships of the nayies of the two ma
tons which shall be hereafter employed to prevent the
African slave trade shall be furnished by their respect
i've Governments with copy Of the present treaty of
the instructions for cruisers annexed thereto marked
Al and of the regulations for the mixed courts of JUS
tice annexed thereto, (mark ed 3D. which annexes re-
present treaty. ~
Secondly. That each of the high contracting par
ties SHALL from time to tme communicate to the other
the names of the several ships furnished with such in
sructions the force of each and the names of their
the rank of captain in the navy or at least that of
lieutenant being nevertheless understood that the
rank of lieutenant navy or other Superior rank
shall in case OF his death temporary absence, be
and Of the vessel has devoved to make the search al
through such officer may not hold the aforesaid rank in
Thirdly. That if at any time the commander of a
cruiser of either of the nations shall that
any under the escort convoy any
ship of the other nation carries negroes
on board, has been engaged in the African slave
trade or is fitted out for the purpose thereof the COM
mander OF the cruiser shall communicate his suspicious
the commander of the convoy, who ACCOMPANIED by
the commander of the cruiser shall proceed to the
search of the suspected vessel IN case the suspc
ions appear we'll founded, according to the tenor of
this treaty then the said vessel shall be conducted or
to of the places where the mixed court OF JUS
ce are Stationed IN order that it there adudi-
Gated upon.
Fourthly. 1t is further mutually agreed that tho
commanders of the ships of The naves respective
ly, who shall be employed this service shall ad-
kere strictly to the exact tenor of the aforesaid nstruc
tons.
Article III As the two preceding articles are entirely
recprocalthe two high contracting parties engage mu
ualiy TO make good any losses which their respective
subjects or citizens may incur by arbitrary and lille
gal detention of their it being understood that
whose cruiser shall have been guilty of such arbitrary
and illegal detention and that the search and deten-
vessels streaf
shall be effected only by ships which may form part Of
the two navies respectively and by such those ships
only as are provided with the special instructions
nexed to the present treaty in of tho pro-
visions thereof The Naturalization for the damages
of which this cle treats shall be paid within the
term of one year. reckoning from the day in which the
mixed court of justice pronounces its sentence
Article ~. In order to bring to adjudication with
as little delay and inconvenience possible the ves-
sells which may be detained according to the of
the first article of this treaty there shall be established
justice, formed by an equal number Of individuals Of
the two nations, named for this purpose by their
at Sierra Leone one at the Cape of Good Hopeand
at New York
But each of the high contracting parties
itself the right Of changing, its pleasure place
of residence Of the court or courts held within its
The courts shall Judge the causes submitted TO them
according to the provisions of the present treaty and
annexed to the treaty and which are consider
ed an integral part thereof and there shall be no APP
Article v. In case the commanding officer of anv
of the ships Of the navies of either country duly
missoned according to the provisions of the first article
stipulatons of the said treaty. from the instructions
annexed to it, the Government which shall conceive
itself to be wronged thereby shall be entitled demand
rsparaon and in such case the Government to which
such commanding officer may belong binds itself to
inquiry to be made into the subject of the
plant, and to nic upon the said officer punishment
proportioned to any wiul transgresson which he may
be proved to have committed.
Article VI. 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 brought before the
mixed courts of justice established pursuance Of the
provisions thereof it, in her equipment, there shall
be found any of the things hereinafter mentioned,
namely
First. Matches with open gratings instead of the
close hatches which are usual in merchant vessels
Second. Divisions or bulk-heads in the hold or on
seek in greater number than sssary for
engaged in lawful trade ~ t-i q
THIRD. Spare plank fitted for laying down q Sec
ond or slave deck. ..--, .
o,fy5b boil
Fifth. large quantity of water in casks or in tanks
than requisite for the consumption of the the
vessel as a merchant vessels. f..f .7T raet
SirHt. An extraordinary number OF water casks, or
Of other vessels for holding liquid unless the master
place from which he cleared outwards, stating that
sufficient security had been given by the such
vessels should be used only hold palm OIL or for 9TH
er purposes oflawful commerce
Seventh. greater number of mess-tubs kids than
requisite for the of the of the vessel
chant vessel.
Eighth. A boiler, other cooking apparatus, of an
unusual size, and larger, or capable of being made
larger than requisite for the use of the of the
vessel a merchant-vessel more than boiler
or ether cooking apparsatus of the ordinary size
Aeur Of Brazil, of mani cassada commonly called
farnha, OF maize Indian corn, of any other
tcle of food whatever beyond the probable wants of
the crew unless such rice, -four, arinha maize In
dian corn other article of food be entered on the
manifest part of the cargo for trade. 1t
Tenth A quantity of mats mating greater than
necessary for the of the of the vessel as
merchant-yessel unless such mats mating be en-
tered on the manifest part of the cargo for trade
If it be proved that any one more of the
articles above specified is are on board
or have been on board during the voyage in
which the vessel captured that fact shall be con-
sldered prnd dcie evidence that the vessel en-
poyed in the African slave trade and she shall in con-
sequence be condemned and declared lawful prize I'M
less the master owners shall furnish clear and in
controverble evidences proving to the satisfaction of
the mixed court of justice that at the time of her de-
tention capture the vessel employed in lawful
undertaking, and that such of the different articles
above specified found on board at the time Of
detention or as may have been embarked during the