Slave Trade.
The Times, 1824-06-28T00:00:00

We hsve evtived p~iTo rte.-k siUi and eytratt from the Mecfrrnak mei,_ ct 4r. lu t-ije foHowingoconvent}hn, which vs alltreld krite daj' M., by fiF. Canning inr the Honse of Commons. r Conresad.. journed on the:29th of May-(after a session- of .nearI'-nc months) to the first MAonday in Decemlbjr " The Usited States of America, and his ai jesty the -inG-oc the United Kingdom of Great Britain and Ireland, beng-deeiros to co-operate for the completesuppression:f the African xve.triadae by making the law cf piracy, as applied t.e- hat traffic under the statutes of their respective legislatures, immediately nand recipoo. ically operative on tbe vessels and subjects, or citizesp, of ech-&otei, hsve respectively appointed their Plenipotentidries to negothteand conclude a convention for that purpose-that is to say, ornthe part of the United States of America, Richard Rush, Etw!or Ext6sdu nary and Minister Plenipotentiary from those States to the Court of his Majesty; and, on the part of his Britannic Majesty, the Right Jionourable WVilliam Buslisson, a Member of his Majesty'si most henoarable Privy Council, President of the Co:n. mittee of Privy Council for AfEuirs of Trade and Foreign Plxn. tations, Treasurer of his Majesty's Navy, and a Member of the Parliament of the United Kingdomn; and tbe Right Honourable Stratford Canning, a M1ember of his said Majest's 3Most Honorable Privy Cpuncil, and his Envoy Extraordinary and XMinster Plenipo. tentfary to the United States ofAmerica; which Plenipotentariea arFer duly communicating to each other their respectre ful1 powns, fbund to be in proper form, have agreed upon, and concluded the followvinx articles:- "Art 1. The commanders ar.d commissioned officers of each of tie two higli contracting parties, duly authorized, under the regula. tions and inctructions of theig respective Governments, to cruise on the coasts of Africa, of America, and of the West Indies, for the suppression of the sLave trade, shall be empowered, under the con- (litionfs, limiitations, and rcstrictions, hereinafter specified, to detain, exaimiine, captare, and deliver over for trial and adjudication, by .some competent tribunal of whichever of the two countries it sh be found, on examination, to belong to, any ship orvessel conerened in the illicit traffic of slaves, and carrnin the flag of the other, tr owned by any suibjects or citizens of either of the two contrae.n. peart it:, except wnen inm ie presenceot a shlp ot warot its OWe na- tion: and it is fuirther agreed, that anv such ship or veel, So cop. tured. shall be either carried, or sent Iby the capturing officer, to, somc port of the country to which it belongs, and there given up to the competent authorities, or be delivered up fq,r.-the gasse purpose to anyduly commissioned officer of the otherparty, it being thuein_ tention of the high contracting powers, that any slhip or vessel within the purview of this conventinn, and seized on that account, sball be, tried and adjudged by the tribunals of the captured party, and not by those of the captor. " Art. 2. In the case of anv ship or vessel detained under this convention, by the cruisers of either of the two contracting parties, on suspicion of carryingon the slavetrade, being fourd, onduep.. aminauon by the boarding officer, to be chartered on account of any of the subjects or citizens of the other party, although not a-E tnally bearing the fag of that partv, nor owned by the individata on whose account she is chartered, or by any other dtizens or sub jects of the same nation; it is hereby agreed that, in such Gaft also, upon -the delivery af the said vessel to the tribunals of that country to which the persons on whose accoun' she is chartered, be. long, the vessel, cargo, and crew, shall be proceeded against in like manlier as any other vessel, cargo, and crew, within the purview of this convention. in so far as the general practice under the law a na:iens wil allow. " Art. 3. Whenever any naval commander, or commissioned officer of either of the two contrac!ing nower, shall, on the high seas, or anv where not rithin the exclusive iurisdictior of either party, board or cause to be boarded, any merchant vessel beariag tbe flgg of the other power, and visit the samne as a slave trader,or onsus.. picion of her being concerned in tbeslave trade, in every such case,whe_ ther the vessel so visited shall. orshall not, bec2ptured urid delivered over, or sent into the ports of her own conntry for trial and adjudi- cation, the boarding officer shall deliver to the master or commander of the visited vessel,acertificate, in writing. signed by the said board. ing officer, and specifyinFhis rank in the navy of his country, toge- ther with the names of the commander bv whosc orders he iz acting and of the national vessel commanded by him; and the said ceri- cate rhall farther contain a declaration, purporting that the only obh ject of the visit is to ascertain whether the merchant vessel in ques- tion is engaged in the slave-trade or not; and, if found to be so en. gaged, to take and Oeliverher to the officers or tribunals of Iser own coantry, being that ef one of the two contracting parties, for tial and adjudication. In all such case-. the commander of thenational ves- se], whether belongingto Great Britain or to the United States, shall, when be makes deliverv of his capture, either to the officers or to the tribunals of the other Power. deliver all the papers found on board the captured vessel, indicatine her national character, and the ob. jects of her voyage, and together with them, a certificate as above of the visit, signed with his name, and specifying his rank in the navy- of his country, aswell as the name of the vessel commanded by him, together with the name and professional rank of the boarding officer by whom the said visit has been mnade. This certificate shall also. contain a list of all the papers received from the inaster of the vessel detained er visited, as wel as those found on board the said vessel : it shall also contain an exact description of the state in whieh the Yt:5bt1 was uquaE wnen Qeeamea, ane a statement of the changes, if any, which have taken place in it, and of the namber of slares, if any, found on board at the moment of the detention. " Art. 4. XVhenever any merchant vessel of dither nation shala be visited under this convention, on suspicion of isuch vessel being engaged in the slave trade, no search shall, in any such case, be made on board the said vessel, except wbat is necessary fbrascertzin- ing, by due and sufficient proofs, whether she is or is not engaged in tbat illit trafflc. No person shll betaken out of?lhevesel so visit- ed (though such reasonable restraints as may be indispensable for the dletention and safe delivery of the vessel mav be wsed against the crew) by the commanding office of the visiting vessel, or under his orders; nor shall any part of the cargo of the visited vessel be taken out of her, tiU after her delivery to the officers or tribunals of her own nstion, exceptingonly when the removal of all, or a part of the slaves, if any, found on board the visited vessel, shall be indis- pensable, either for the preservation of their lives, or from any other urgent consideration ot humanity, or for the safety of the person charged with the navigation of the said vesnsel after her capture. And any of the dlaves so removed shall be duly accounted fox to the Government of that country to which the visited vessel belongs, and shaU be disposed of according to the laws of the country intok which they are carried; the regular bounty, or head-rnoncy, alowed by law, being in each 'nstance secured to the caPtors, for their use and benefit, by the receiving Government. - iirs. a. tv Renever any vaerchant vessel of either nation shall be captured under this convention, it shaU be the duty of the com- mander of any ship belonging to the public service of the other, charged with the instructions of his Gavernment for carrying intoexT. ecutiolt the provisions of this convention, at the requisition of the commander of the capturing vessel, to receive into his custody the vessel so captured, and to carry or senrd the same for tial awid adjs dication into some part of his awn country, or its dependeDcies. En every such case, at the timneof the delivery of the vessel, an authen- tic declarstion shall b drawn up in triplicate, and signed bythe cor- manders. both of the delivering andl receiving vessels; one copy signed by both to be kept by each of them, stating the circumn- sstances of the deliverr, the condition of the captured vesvsd at the tirie of the delivery, including the names of her master or com- mander, and of every other person, not a slave, on board at the time, end exhibitingthe number of the slaves, if any, then on board her, and a list of all the papers received or fbund on board at the time of capture, and delivered over with her. The third copy oef the said dedara-ion shall be left in the coptured vessel, with the papers found on board, to be produced before tbe tribunal charged with the adjudicution of the capturm. AnDf the commanderof thecap. turing vessel shall be authorized to send any one of the of icers under his command, and one or two of his crew, with the captured vessel, to appear before the competent tribunal, as wit- nesses of the facts regardiRg her detention and capture, the resson- able expenser of which witnesses, in proceeding to the placeof trial, during their detention there, and for their return to thiir*wn coun- try, or to their station in its service, sh1all be allowed by the' court of adjudication, and defrayed, in the event of the vessel b'eng condemned, our of the proceeds of its sale; in case of the rqu of the vessel, the expenses, as above specified, of those vi shall he defraved by the government of the cApturing officer. " Art 6. Whenever any capture sball be made, under thiX con. vention by the offlcers of either of the contracting parties, and no national ves%el of that country to which the capture4ressel belongs is cruising on the same station where the capture takes zlace, the commander of the capturing vessel shall, in such case, eitlbern r or send hisi vrize to some convenient port of its own coumtry, or of any of its dpendencies, where a court of vice-admiral has ' si&.- diction, and there give it up to competent suthorities, or ti. and adjudication. The captured vessel shall then be libeeled according to the practice of the court tal inF cognizance of the casee and, if condemned, the proceeds of the sale thereof, and its cargo, if also condemned, shall be paid to thecommander of the capturing vessel, for the henefit of the captors, to he distributed among them, accordA lnc to the rules of their service resoectine sirrize money. Art. 7.-Thc commander and crew of iny vessel captured nder. this convention, and cent in for trial, shall be proceeded ngaingE co.s ftrmably to the laws of the country whereunto they shall be brcvght as pirates engaged in theAfrican slavetrade ; anditisfurtheragreew, that any individual, being a citizen or subject of either of the two coitracting parties, who shall be found on board any Yerswel not car- rying the flag of the other party, nor belonging to the subjects or citizens of either, but engaged in the illicit trattc of slvesxid law- fuliv scized on that account by the cruisers of the other yartv, or, condemned under crcumrstances wahich, by involving aucbindiv:du31 in the guilt of slave trading, would subject him to the penlties; cfe piracy, he shall be sent for trial betbre the competent court in thE 9 country to which hc belongs; and the reasonable expenses of witnessesbelonging to the capturing vessel, in proceeding tr, the place oi trial, during their (letention there, and for their Teturn to their own country, or to their statitn in its service, shall, in ever_, such case, be allowed by the court, and defrayed by the coantry ii whic'n the trial takcs place- but every witness belonging to therkp- turing vessel shall, upon the criminal trial for piracy, bellaba to. be challenged by the accused person; and set aside as inooepetent, unless lie shall release his claim to any part of the prize monery upon the condemnation of the vessel and carao. tri. o. ane rignt rec)r8caUy concedec by thb two cO3tct.g powers, of viiting, captunrng, and delvering tver for rial, thelrne' chant vessels of the other, engaged in the trafFc of sUIves, siha b4 exercised only by such commissioned officers of their rspective navies as s,h. be furnjs.hd with inatrnculoti for.e,eciting thc Jlxs oftheir respectiveconstriesagainst the slavetrade. For everyvex- atious and abusive exercise of this right, the boarding officer and the commander of the eaptQring or searching vessel shall, in ech ease, be personully liable, in costs and dainages, to.the nmaster an4 owners of any merchant vessel delicredovercWirincad, er1iited b$ them, under the provisions of this convention. W-satever eourt bf admiralty shall have cognizance of the cause as regards the .cip. tured ves4el, in cach cae the same eeurt *lnbe Lcompettto hear the complaint of the master orowners, qr ofany person *or persoW on board the said vesre, or interested in the Vroperty of her c at the time of her detention; and, on due and sufficient piojeun given to the coart of any vexatioa ldsabuse having been during the scarch or detentio4 of the said vcssel ce tO provisions and meaning of this tonrention to awazA reoonabIe eost6 and damages to the suffxars, to be pWid% by the commanaing or boarding fficer,eovlctedof such raisrco3duct. Tliegoverimeut 3f. theparity thu&tit-in iaaiagesand 06its shll cause tea6uuntoZ. the same tebe yneach nstance, apably to the jud eo the eonzttswitlsn tm elveino"ths fronm.tlieiateutbereof. XnIii-tie' - aniyguch vt u a u ab ol;ese tgin b ethe tion or =a .e, a,wiwebinawJe u tsA evention, and not afterwards deuivered ovflrttaJ, the wrs4mns iatgried-tat?g stch zs ae sfimd sbove,-t anyofthevF, aleld at4 by any court of admlrAt' af hiercotntr O.becaptoNrs;bftore which thevimakeeomplaint the'e. of; anitn atnmandev andiEoarding of}icir of the letle inn ves tha!, ff 5u.bust,hrtce, be liable as ab9ye in eosts and damages to t;e ebaiants, according to the juigmetit of the court; and their Gaettlnaent shall equally cause payment of the same to be mtade within twelve niontha from the time when such judgment * ,.21 Ut bfn -pronourt"td.. it. 9' Copies of this. convention. and of the laws of bath 0tes 0t1dlly in force for the prohibition anti suppression of te *f`1t ilave-trade shall be fiernished to eyery commander of the netlnafl* cels dW tither party charged with the execution of those ls and in csMe any such commanding officer shall be ac cused by tither of the, two Governments of having deviated in n reYftt from theprovisions of this convention, and the instrue- "Oent tfis owni Goverbment In conformitv thereto, the Govetn- to eat th *rch suchI complaint shall be addressed agreem hereby tOm4k inquirv into the circnntitanccs of the case, aind to indict ?a eOfier conplained of, in the event of his appearing to de- e A Purlshm6ti adequate to his transgresSion. h Am 10. The high contracting parties declare, that thc right -hich, in the foregoing nrticles, they havc each reciprocally con- cededh of detaining, visiting, capturing, and delivering over for trial, Ih erhantvsels of the other engaged in the African slave-trade, Is WhOllY and extcusively grounded on the considetation of their h {avlDMiade thit trffic piracy by theirrespectivelaws; and further, Isiuit tIe leciptocal concession of the said right, as guarded, limitedl, nd rglated by this convention, shaU not be so construed as to au- thflTize the dttertion or search of the merchant vessels of either nla- tionl by the officers of the navv of the other, except vessels engaged, Or sUpectei of being engaged. in the African slave-trade; or for any 'tlb purpose whatever than that of seizing and delivering up the persons end vessels concerned in that traffic, for trial and adjudica- tion- b the tribunals znd laws of their own couvntry; nor be taken to a%ecttin anY other way, the existing rights of cither of the high contmh .tlg parties. Anid they do also hereby agree and engaae to r2ac ther influence, respectively, with other maritime and civilized powers to the er,d that the African slave-trade may be declared to be liracy under the law of nations. Art. 11. The present 'onvention, consisting of 11 articles, shall te ratified, and the ratiflcations exchanged at London, within the ter,m of 12 mott7ts, or as rnuch sooncr as5 possiblc. n wtness whereof', the respective Plenipotentiaries have signed .th ae,3Tt and have affixed thereunto the seasl of their arms. LrDlone at London, the 13th day of Mlarch, in the year of our (L. S) " itICHARD RUSH, (1,. S. " W. HUSKISSON, (L. S. " STRATFORD CANNING. " TN SENATE MAY 22, 1824. "RLolved, two.thirds of the genator present concurring therein, That the Senate do advise and consent to the ratification oI the Con- VCention made and concluded at London, the 13th day of larch. 1824 between the Unitd Stafes of America, and the King of the United Kingdom of Great Btitain and Ireland, with the exception of the Words of ' America,' in line four, of the finst urticle: with the ex- ception of the second article; and of the following words in the !:ZVenth artidc-l And it is further agreed, that any individual being a CtiZen orubjcet ofeithet of thie two contracting parties, who siall be foundon board any vesscl not carryhqg the flag of theotherparty, nor beloE t4-xgtothe subjectsor citizens of either but engaged in the illi. citX V:ucof slaves, and seized or condemned on that accosnt by the cn4ers of the other party, under circumstances which, by involv- ingif'.b individual in the guilt ot slave trading, would subject bin, tothe penalties of piracy, he shall be sent for trial berore the coinpe- rent court in the country to which he belongs, and the reasonable ucren.ses of any witimeses,:belonging to the capturing vessel, in pro. ceeding to theplace of trial, during their detention there, and for their rcturn to their owvn country, or to their station in its service, shmll, in every such case, be alowed by the coturt, and defrayed by the country in which the trial takes place.' Provided, That an ar. ticle beadded, whereby it shall be free to either of theparties at rnv time, to renounce the said convention, giving 9ix months' notice haeorc-hand." ... ,.tIY R - 4 -D - -