Year: 1862

ARTICLE l.


The two high contracting parties mu
tually consent that those ships of their
respective navies which shall be provided
with special instructions for that purpose,
as hereinafter mentioned, may visit such
merchant vessels of the two nations as
may, upon reasonable grounds, be sus-
pected of being engaged in the African
slave trade, or of having been fitted out
for that purpose; or OF having during the
voyage on which they are met by the said
cruisers, been engaged in the African
! slave trade, contrary to the provisions of
this treaty; and that such cruisers may
detain, and send or carry away such ves-
sells, in order that they may be brought
to trial in the manner hereinafter agreed
upon.


In order to fix The reciprocal right of
| search in such a manner as shall be
! adapted TO the attainment of the object
Of the y, and at the same time avoid
doubts, disputes, and complaints, the said
right of search shall be understood in the
manner and according TO the rules fol-
lowing:


First 1t shall never be exercised ex-
cept by vessels of war, authorized ox-
pressly for that object according TO the
stipuations of this treaty.


Secondly. The right of search shall in
no case be exercised with respect TO a
vessel of the navy of either Of the two
Powers but shall be exercised only as re-
CARDS merchant vessels; and it shall not
be exercised by a vessel Of war Of either
contracting party within the limits of q
settlement or port, nor within the terrific
rial waters of the other party.


Thirdly. Whenever a merchant ves-
sci is searcded by ship of war, the COM
mander Of the ship shall, in the act of so
doing, exhibit TO the commander of the
merchant vessel the special instruction
by which he is duly authorized 10 search,
and shall deliver 10 such commander a
certificate, signed by himself, stating his
rank in the naval service of his country,
and the name of the vessel he commands,
and also declaring that the only object of
the search is to ascertain whether the
vessel is employed in the African slave
trade, or is fitted up for the said trade.
When the search is made Big an officer OF
the cruiser who is not the commander
such officer shall exhibit TO the captain of
the merchant vessel copy Of the before
mentioned special instructions, signed
by the commander of the cruiser; and
he shall in like manner deliver a certiH-
cate signed by himself stating his rank in
the navy, the name Of the commander by
whose orders he proceeds TO make the
search, that if the cruiser in which he
sails, and the object of the search, as
above described If it appears from the
search that the papers OF the vessel ar,
in regular order, and that il is employed
on lawful objects, the officer shall entel
in the log book Of the vessel that tn,
search has been made in pursuance o
the aforesaid special instructions ; and
the vessel shall be left at liberty TO pur
, sue its voyage The rank OF the Office
who makes the search must not be les
than that Of lieutenant in the navy, un
less the command either by reason o
death or other cause, is at the time helC
by an officer of inferior rank.


Fourthly. The reciprocal right o
search and detention shall be exercise,
! only within the distance Of two hundre,
miles from the coast Of Africa, and 4
; the southwark Of the thirty-second paral
lei Of north latitude, and within thirtl
leagues from the coarst Of the island O
Cuba,


ARTICLE H.


In order to regulate The mode Of carryiu
a the provisions Of the preceding articl
y into execution, il is agreed


, First, That all the ships Of the nayic
of the two nations which shall be here
after employed to prevent the Africa
slave trade shall De furnished by thei
% respective Governments with a copy {
the present treaty, of the instructions IA
4, cruisers annexed thereto, (marked A. an
ID Of the regulations for the mixed courts
Y Justice annexed thereto, (marked B
rs which annexes respectively shall be con
p siderod as integral parts Of the presor
treaty.


Secondly. That each Of the high con


tracting parties shall, from time 70 tim
p communicate 20 the other the names


the several ships furnished with such ia


struouOns, the force of each, and Il


names Of their several commanders. III