New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1870-12-28

ceetling done or taken in virtue thereof be-
| fore this additional convention shall be of
| ficially communicated to the said mixed
| courts of justice. The said courts shall
| nevertheless have the power, and 1t shall be
their duty. to proceed with all practicabie
dispatch to the final determination OF all
ca{lses and. proceedings which may be
pending, and undetermined in them, or
| either Of them, at the time of receiving no.
tice Of the ratification Of this convention.
ARTICLE II.
| The jurisdiction heretofore exercised by
/ the said mixed courts in pursuance OF the
| provisions of the said treaty shall, after the
| exchange of the ratificatiOns of the present
additional convention, be exercised by the
courts of the high contracting parties &C
| cOrding to their respective modes OF pro.
| cedure in matters of maritime prize; and
all the provisions of the said treaty with re
gard to the sending or bringing in Of cap
tured vessels for adjudication before the
said mixed courts, and with regard to he
adjudication of such vessels by the said
courts, and the rules of evidence to be ap
piled and the proceedings consequent OF
such adjudication, shall apply, mutatis mu
tandis, to the courts Of the high contracting
parties. 1t is, however, provided that there
may be an appeal from the decision OF any
l ~AA>
same manner as by the law OF the country
where the court sits is allowed in othe'
cases Of maritime prize.
| ARTICLE III.
! 1t is agreed that in case Of an American
merchant vessel searched by a British
cruiser being detained as having been en-
gagged in the African slave trade, or az
having been fitted on. for the purpose:
thereof, she shall be sent to New York OF
| Kew West, whichever shall be most acces
sible for adjudication, or shall be handed
over to an United States cruiser, II one
should be available in the neighborhood o.
the capture: and that in the corresponding
| case Of British merchant vessel searched by
United States cruiser being detained as
having been engaged in the African slave
trade, or as having been fitted out for the
purposes thereof, she shall be sent for adju
clication to the nearest or most accessible
British colony, or shah be handed over to a
British cruiser, if one should be available
| in the neighborhood Of the capture.
| All the witnesses and proofs necessary
to establish the guilt of the master, crew
or other persons found on board of any
such vessel. shall be sent and handed over
| with the vessel itself, in order to be pro
| duced to the court before which such vessel
or persons may be brought for trial
| All negroes, or others, necessary wit.
nessees excepted, who may be on board
either an American OF British vessel fol
the purpose Of being consigned to slavery
| shall be handed over to the nearest British
authority. They shall be Immediately set
at liberty. and shall remain free, her Bri
fannie Majesty guaranteeing their liberty
/ With regard to such of those negroes, OF
| others, as may be sent in with the detained
vessel as necessary witnesses, the govern
ment to which they may have been delivered
shall set them at liberty as soon as theil
testimony shall no longer be required, and
| shall guarantee their liberty.
| Where detained vessel is banded over
! to a cruiser of her own nation. an officer i'll
| charge, and other necessary witnesses and
proofs, shall accompany the vessel.
| ARTICLE ".
| It's mutually agreed that the instructions
| for the ships Of the navies OF both nations
| destined to prevent the African slave trade
| which are annexed to this convention, shall
| form an integral part thereof, and shall
| have the same force and effect as II they
had been annexed to the treaty of the sew
enth of April, 1862, in lieu Of the instruc
lions forming annex A to that treaty.
| ARTICLE V.
| In all other respects the stipulations o.
| the treaty of April Z, 1862. shall remain II
full force and effect until terminated by
| notice given by one OF the high contracting
parties to the other. in the manner pre-
| scribed by Article MI thereof.
| ARTICLE VI.
The high contracting parties engage t.
| communicate the present convention to TIKI
mixed courts OF justice, and to the ofhcer'
| in command of their respective cruisers
and TO give them the requisite instructions
in pursuance thereof, with the least possible
delay.
| ARTICLE VII.
The present additional convention shall
have the same duration as the treaty of thu
seventh of April, 1862, and the additional
article thereto of the seventeenth OF Feb
ruary, 1863. 1t shall be ratified, and TIL
Publications shall be exchanged at Londor
as soon as possible.
In witness whereof, the respective pieni
potentjaries have signed the same, and hav'
affixed thereto their respective seals.
| Done at Washington, the third day o
June in the year of our Lord one thousant
eight hundred and seventy.
HAMILTON FISH.
| EDWARD THORNTON.
ANNEX TO THE ADDITIONAL CON
VENTION BETWEEN THE UNITEL
| STATES OF AMERICA AND GREAT
BRITAIN, FOR THE SUPPRESSION
|
| SIGNED AT WASHINGTON ON TIL
THIRD DAY OF JUNE, 1870.
Instructions for the ships of tn
United States and British navies EN-
ployed to prevent the African slave trade
ARTICLE
The commander of any ship belonging t.
the United States or British navy, whicl
shall be furnished with these instructions
shall have right to search and detain an.
United States or British merchant vesse
which shall be actually engaged, or sus
pected to be engaged in the African slav
. trade, or to be fitted out for the purpose
thereof, or to have been engaged in sue
trade during the voyage in which she ma.
be met with by such ship of the Unite'
States or British navy; and such CON
mander shall thereupon bring or sen,
such merchant vessel lsave in the case pre-
vided for in Article v of these instruc
tions) as soon as possible for judgment, i
the manner provided by Article III of tn
additional convention of this date, that i
to say:
In the case of an American vessel searches
and detained as aforesaid by BIRTHS
cruiser, she shall be sent to New York Q
Kew West, whichever shall be most access
Bile, or to handed over to an Unite
States cruiser, if one should be available j
the nc;ghbOrhOOd Ofthe capture.
; In the case of British vessel searches
and detained as aforesaid by an Unite
States cruiser, she shall be sent to the neal
est or most accessible British colony, Q
shall be handed over to n British cruiser,
one should be available in the neighborhoo
. Of the capture.
ARTICLE II.
Whenever ship of either of th
two navies. duly authorized a
aforesaid, shall meet d merchan