Rutland weekly herald. [volume] (Rutland, Vt.) 1859-1877, 1863-03-05
TREATIES,

on Monday, the second dag of December, A. b, 1861
ana ended on Thursday, the screnteeN day Of July,
o h TREATIES.
Annex to the Treaty between the United States of
America and Great Britain for the suppression of the
It'll day OF April, 1862. Ana
British Navies employed to prevent the African Slave
Trade.
Article I. The commander Of any ship belonging to
the United States British navy which shall be rn-
ished with these Instructions, shall have right to
chantvessel which shall be actually engaged, or sus-
pected to be engaged, in the African trade to
engaged in such trade during the voyage in which She
may be met with BY such ship of the United States
British navy; and such commander shall thereupon
provided for in article v of these instructionsl as
as possible for judgments before of the three mixed
courts Of justice IN virtue OF the WITH art
If the vessel shall detained on the coast Of Africa
she shall BE brought that e the two
Tors and at serre Leone which may be nearest to tbe
nisce If detention which the captor, on his own re-
sponsibiity, may think can be soonest reached from
'uf9 ts Vessel shall be detained the coast of the
land Of Cuba she sna y 1e before the mixed
cours ~ whenever ship of either Of tba +,,o
Sulv authorized as aforesaid, shall meet ynor
cnant "a treaty the search shall be condnctad .
o. .ne and consideration which ought Ia he ~
served allied sass anq be e sa the
search ot lower than that of lieutenant in tha
- az the officer who at the time shall be second Y
command q The Commander Of an seas s made
.ses duly authorized as aforesaid who NAV deta
any ha 1as Of the Of the
Pined the MASTER the mate or boatswa;n 90 ~
r three at least Of the crew, the whole Of the
kIn noropo M
and az .n draw H. n Inc eaptor shall at the
heh shall exhibit the state in which be found ths on
tanned vessel such decaratlon shall be signed BY him
,nred vessel to the mixed court of i,,s hf .e
Which such vessel shall be carried or sent for aud;s
cation He shall deliver to the master Of the deta;nad
EASEL signed and certified list of the na ne sa
~, hoard the same, well Certificate of th @
Der Of negroes found on board at the moment Of
In the declaration which the captor is hereby
to make as well in the certified list Of the
sezed and in the oeIneate OF the number Of negroes
own name and surname, the name Of the rsbn
and the latitude and longitude Of the place whese tbe
detention shall have been made s 'Ao
The officer in charge OF the detained vessel shall of
the time Of bringing .ne vesseps papers into the mixed
court of justice deliver INTO the court certificate sign
which may have taken place in respect to the her
crew the negroes any, and her CARGO between the
period of her detention and the time of delivering in
| Article ~ II urgent reasons. arising from the
length of the voyage, the state of health of the
negroes or any other cause should require that either
the whole or portion of such negroes should he dis
embarked before the vessel can arrive at the place az
which one of the mixed courts of justice is established
the COMMANDER of the capturing shin NAV take mn
on himself the responsibility of SO disembarking TIE
negroes, providing the necessity of the disembarka
ton, and the causes thereof be stated in Certificate
l in proper form Such certificate shall be drawn mn
and entered the time on the of the detained
| vessel.
Article v In any merchant-vessel detained in
pursuance Of the present instructions, should prove to
be unseaworhy or in such condition as not to be ia
ken to one Of the three ports where the mixed courts
of Justice TO be established in pursuance of the
treaty of this date, the commander of the OBTAINING
cruiser may take upon himself the responsibility Of
abandoning destroying her. provided the exact caus
es which made such step mperatively necessary be
stated in certificate verified OATH Such certificate
shall be drawn up and formally executed in duplicate
In case Of the abandonment or destruction of de-
tanned vessel, the master and crew, together with the
negroes papers found board and one COPY of the
sworn certificate mentioned in the preceding paragraph
of this article, shall be sent and delivered to the pro-
per mixed court OF justice at the earliest possible
| ment.
The Undersigned plenpotentiares have agreed, in
conformity With the XIth article of the treaty signed
by them this day. that the present instructions shall
be annexed to the SAID treaty, and be considered
| tegral part thereof.
| Done at Washington the seventh day of April in the
year of our Lord one thousand eight hundred and six
| ty-two.
| [LI LYONS.
Annex B) to the Treaty between the United States of
America and Great Britain for the abolition of the
African Slave Trade signed at Washington the It'll
| day of April, 1862.
! Regulations for the Mixed Courts of Justice.
ArticleI The mixed courts of justice to be establish
ed under the provisions of the treaty. of which these
regulations declared to be an integral part shall be
| composed in the following manner
| The two high contracting parties shall each name
judge and an arbitrator who shall be authorized to
oil IS
detention Of vessels which, in pursuance of the stip
uations the aforesaid treaty. shall be brought before
| them
The Judges and the arbtrators shall before they en-
ter 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 faithfully that they
will have no preference either for claimant or for
captor and that they will act in all their decis,
ions in pursuance Of the stpulations of the aforesaid
treaty
There shall be attached to each of such courts
Rotary registrar, who shall be appointed by the party
in whose territories such court shall reside. :,
Such secretary registrar shall register all the acts
Of the court which he isappointed and shall before
he enters upon his Office, make oath before the COURT
that he will conduct himself with due respect for its au-
thorty and will act with fidelity and impartis1ty in all
| The salaries of the Judges and arbitrators shall
be paid by the Governments by whom they are APP
| pointed A
| 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 Govern
Il
two TO be established in the territories OF
Great Britain shall be paid by her Britannia Majesty:
Each Of the two Governments shall defray nall OF
the aggregate amount of the other expenses OF such
| courts.
Article IL The expenses incurred by the officer
charged with the reception, maintenance and care OF
the detained vessel negroes and cargo and with the
execution the sentence and all disbursements occa-
deaea 6e @
ing out Of the sale Of the materials OF the vessel after
the vessel shall have been broken up OF the ships
stores and such parts of the cargo as shall consist OF
merchandise And in case the proceeds arising out OF
this sale should not prove sufficient to deray such ex-
penses the deficiency shall be made good by the Gov
the country within whose territories the adj
| publication shall have taken place.
If the detained vessel shall be released the expenses
occasoned by bringing her to adjudication shall be de-
ayed by the eaptr except in the cases specified and
otherwise provided under article VII of the treaty
xnc M these Isssons form an annex ana under
Article III The mixed courts of justice to decide
upon the legality the detention Of such vessels as the
cruisers Of ether nation shall detaln in pursuance OF
The said shall adjudge definitely, and without
appeal questions which shall arise OUT Of the capture
The proceedings Of the courts shall take place as
summary possible and for this purpose the courts
are required decide each case, as far as may be prac
ticable, within the space of twenty days. to be dated
from the day on which the detained vessels shall have
been brought into the port where the deciding court
shall reside
The final sentence shall not in any case be delayed
beyond the period Of two months, either on account OF
the absence Of Witnesses or for any other cause except
upon the application of any Of the parties interested
but in that case upon such party or parties giving sat-
sfactory security that they will take upon themselves
the expense and risks of the delay the courts may at
their discretion grant an additional delay, not exceed
ing four months
Either party Shall be allowed to employ such counsel
as he may think t to assist him in the conduct Of his
cause.
All the acts "A essential parts of the proceedings Of
the said courts r. ii be committed to writing and be
placed upRn d.
AEfi02a form Of the process, or mode Of
ya1al1 - = ~ lows.