Year: 1862

TREATY FOb THE SUPPRESSION OF THE AFRICAN
SLAVE TRADE.


The United States OF America and her Majesty tn,
Queen Of the United Kingdom OF Great Britain and Ire
land being desirous to render efecual tho
hitherto adopted for the suppression the slave trad
carried on upon the Of Africa have deemed it
pedient to conclude treaty for that purpose and have
named as their penpotentiaries. that Is to say: The
President OF the United States of America William H.
Seward Secretary OF State and her Majesty the Queen
OF the United Kingdom OF Great Britain and Ireland the
right honorable Richard Bickcrton Pencil Lord Lyons
peer OF her United Kingdom, Knight Grand Cross of
Ter most honorable Order OF the Bath and her Envoy
Extraordinary and Minister Plenipotenary to the United
States Of America who, after having communicated to
each other their respective full powers found in good
and duo iorm have agreed upon and concluded the fol
lowing articles


ARTICLE l. The two high contracting parties mutually
consent that those ships of their respective naves which
shall be provided with that pur
posc as hereinafter mentioned may visit such merchant
vessels ol the two nations Us may upon reasonable
grounds be suspected OF beng engaged i'll the African
slave trade, Of having bsen fitted for that pur
pose OF having during voyage which they are
met by the said cruisers, been engaged in tho African
Slave trade, contrary to the provisions OF this
and that such cruisers may detaa and send, carry
away such vessel in order that they may be brought
trial in the manner hereinafter agreed upon.


In order TO fix tho reciprocal right OF search in such
manner shall be adapted to the attainment OF the OBJ
jsct OF this treaty, and the time avoid doubts
disputes and complaints the said right Of search shall be
understood in the manner and according to the rules fol-
lowing


Frs-It shall be exercised except by vesseIs-of
war authorized expressly for that object according to
the stpuiations OF this treaty.


ScOnd-Ths right OF search shall u no case be exor-
csed with respect TO vessel Of the navy OF either Of the
Powers but shall be exercised only as regards mer-
chant vessels and shall be exercised by vessel
ofwar Of either contracting party within the limits
settlement or port nor within the territorial waters Of
the other party
Ta,rd-Whenever q merchant vessel is searched
by shipofwsr tho commander OF the said ship SHALL
IN the act OF SO doing exhibit to the commander of the


,rchant vessel the special Instructions by which he ia
duly authorized to search and Shall deliver to
mander certificate, signed by himself stating his rank
in the naval service OF his country name
vessel he commands and also declaring that the only
object or the iEch TO ascertain whether the vessel
is employed in he African slave trade is lifted up
for the said trade When the search made by OIL
OF the cruiser who not the commander such oer
shall exhlbt TO the captain OF the merchant vessel
copy 1he before mentioned special signed
oy the commander oil the cruiser and he shall in like
manner deliver certificate signed by himself stating
his rank in the navy, the name Of tho commander by
whose orders he proceeds 10 make the search that the
cruiser in which he sails and the obect OF the search
above described IL appears from the search that
the papers the vessel regular order
is employed lawful objects the officer shall enter IN
the ogbook OF the vessel that the been
pursuance OF the aforesaid special Instructions and


the vessel shall be left at liberty pursue its voyage
Tie rank OF the officer who makes the search
must be less than that Of lieutenant in the navy
unless the command either by OF death other
cause, s at the time held by officer Of in eror rank
Fbrthty-Ihe reciprocal right OF search and detention
shall be exercised only within the distance OF
dred miles from tho coast Of Africa aud to the south.
ward OF the thirty second parallel north latitude
and within thirty leagues from the coast OF the Island Of
Cubs.


H. In order regulate the mode Of carrying the
provisions Of tho preceding article into execution it is
agreed


lions which shall be hereafter employed to pre- the
African slave trade shall be furnished by Their respective
sirucons for cruisers thereto (uarked A. and
of the regulations for the mixed courts OF justice
nexed thereto (marked b. which annsxes respect
vsy shall be considered as integral OF the
treaty.


scond.v-rhat each of the high contracting parties
shall from time TO time communicate TO the other the
OF the several ships furnished with such


ons the force OF each and the Of their several
commanders The said commanders shall hold the
OF captain IN the navy at least that OF lieutenant
being nevertheless understood that the instructions
originally issued TO officer holding the rank OF lieu.


tenant OF the navy or other superior rank, SHALL
OF his death or temporary Absence be sufficient autho
the officer on whom the command Of the
devolved to mske the search although such officer may
not hold the Aforesaid rank in the service.
Ttirdty-That il at any time the commander Of a
cruiser OF either OF the two nations shall suspect
that any merchant vessel under the escort con
voy any ship or ships OF Of the other nation
carries negroes on board has been engaged in
the African slave trade, or s fitted for the pur.
thereof she commander OF the cruiser shall
mis- suspicious the commander Of the CONVOY
who, accompanied by the commander Of the cruiser
shall proceed TO the search of the suspected vessel and
the suspicious appear well founded according to
the Of this treaty, then the SAID shall be
conducted sent TO of the places where the mixed
courts OF justice stationed order that may there
he adjudicatedupo


FJ,rth-rt is further mutually agreed that the com.
manders Of the ships OF the two navies, respectively
who shall be employ on this service, shall adhere
Iy to the exact tenor Of the Aforesaid Instructions


ART. III. AS the two proceeding articles entirely
reciprocal the two high contracting parties engage
tuay to make good any losses which their respective
subjects citizens may incur BY arbitrary and e
gal detention Of their vessels being understood that
indemnity shall be borne by the government whose
cruiser shall have been guilty OF such arbitrary and s
gal detention and that the search and detention Of YES
specified in the first article OF this treaty shall be
effected only by ships which may form part OF the two
vies respectively and by such OF those ships only
are provided with the special Instructions annexed


the present treaty Of the provisions there
o. The inemnitcation for the damages Of which this
article treats shall be paid within the OF year
reckoning from the day IN which tho mixed court ius
l tice pronounces It's sentence.


AKr w In order bring adjudication with as li,


tie delay and Inconvenience as possible the vessels which
may be detained according to the tenor OF the first art
Uf this treaty, there shall be established as soon
may be practicable three mixed Of Justice formed
BY equal number OF individuals Of the two nations
named for this purpose by their
These courts shall rssdoons at Sierra Leone one At the
Cape OF Good Hope, and one at New York.


But each Of the two high contracting parties reserves


itself the right Of changing At its pleasure the place
ofresidencs OF the court or courts held within its
l territories


These courts shall Judge the causes submitted TO them
according tbe provisions of the preseus treaty and &C.
cordng TO the regulations and instructions which


exed the present treaty and which are considered an


integral part thereof there shall be 10 appeal from
| their decision.


Arr v. In case shs commanding officer Of any Of the
sbps OF the naviss Of either country duly comiss
according the provisions Of the hrst article OF this


treaty shall deviats IN any respect from the
Of the treaty, from the instructions annexed TO u
| the government which shall conceive itself to bs
wronRcd thereby, shall ~ entitled 70 rsparaton and il
| such case the government TO which such commanding
officer may belong binds itself TO inquiry TO bs
made INTO the subject Of the complaint, and to inlic


upon the said officer punishment proportioped 10 apy
| wlful iraasgrssson which he may be proved 10 hav,
l committed.


| Am. VI II 10 hereby further mutually agreed tina
| every American British merchant vessel which shal


ossearchsd by virtue OF the present treaty may lawful


~ oe detained snd sent or brought before the mixed


courts OF justice established In pursuance Of the pro


visions thereof II IN her equipment there shall be founc
| any OF nathngs hereinafter mentioned, namely
| Fra--hatchss, with open gratings, instead OF th,


close hatcnes which are usual in merchant vessels.


Scond-Divsbns OF bulkheads in the hold or on decl


In greater NUMBER than necessary for vessels on
| gagged In lawful trade.


Third-spsrs plank fitted for laying down second o.
| slave deck.


| FJpr,h-shsekes bolts, or handouts