Year: 1866

commanders shall hold the rank of captain in the
navy, or ut least that of ofientenant; it being
theless understood that the instructions originally
issued to all officer holding the rank of lieutenant
OF the navy, or other superior rank shall, in
OF his death or temporary Absence be sufficient
to authorize the officer on whom the command of
the vessel has devolved to make the search al
though such officer may not hold the aforesaid
rank in the service.


Thirdly. That if at any time the commander of


cruiser of either of the two nations shall suspect
that any merchant-vessel under the escort or con-
vOy of any ship ships of of the other nation
carries negroes on board, or has been engaged in
the African slave trade, or is fitted out for the
purpose thereof, the commander of the cruiser
shall communicate his suspicious to the COM
mander OF the convoy, who, accompanied by the
commander of the cruiser, shall proceed to the
search OF the suspected vessel; and in case the
suspicious appear well founded, according to the
tenor of this treaty, then the said vessel shall be
conducted or sent to one of the places where the
mixed m courts of justice are stationed, in order
that it may there be adjudicated upon.


Fourthly. 1t is further mutually agreed that the
comm lnders of the ships of the two navies,
spectively, who shall be employed on this service,
shall adhere strictly to the exact tenor of the
aforesaid Instructions.


Article III. As the two preceding articles are
entirely reciprocal, the two high contracting
parties engage mutually to make good any losses
which their respective subjects citizens may
incur by an arbitrary and illegal detention of their
vessels; it being understood that this indemnity
shall be borne by the Government whose cruiser
shall have been guilty ofsuch arbitrary and illegal
detention and that the search and detention of
vessels specified in the first article of this treaty
shall be effected only by ships which may form
part of the two navies, respectively, and by such
OF those ships only provided with the special


instructions annexed to the present treaty, in
pursuance of the provisions thereof The indem-
nifcation for the damages of which this article
treats shall be paid within the term of one year,
reckoning from the day in which the mixed court
OF Justice pronounceS its sentence.


Article ". In order to bring to adjudication
the vessels which may be detained according to
the tenor of the first article of this treaty. there
shall be established, as soon as may be practical
bic, three mixed courts of justice, formed by
equal number of individuals of the two nations,
named for this purpose by their respective Gov
crnments. These courts shall reside one at Sierra
Leone, one at the Cape of Good Hope, and one at
New York.


But each of the two high contracting parties
reserves to itself the right of changing, at its
pleasure, the place of residence of the court or
courts held within its own territories.


These courts shall judge the causes submitted
to them according to the provisions of the present
treaty, and according to the regulations and in
structions which annexed to the present treaty,
and which considered an integral part thereof;
and there shall be no appeal from their decision


Article V. In case the commanding officer of
any of the ships of the navies of either country,
duly commissioned according to the provisions
of the first article of this treaty, shall deviate in
any respect from the stipulations of the said
treaty. or from the instructions annexed to it, the
Government which shall conceive itself to be
wrOnged thereby shall be entitled to demand re-
paration; and in such case the Government to
which such commanding officer may belong binds
itself to inquiry to be made into the subject
of the complaint, and to intiict upon the said
officer punishment proportioned to any wifui
transgresslon which he may be proved to have
committed.


Article VI. 1t is hereby further mutually agreed
that every American or British mercnant-vessel
which shall be searched by virtue of the present
treaty may lawfully be detained, and sent or
brought before the mixed courts of justice estab-
lishcd in pursuance of the provisions thereof, if
in her equipment, there shall be found any of the
things hereinafter mentioned, namely:


First HatcheS with open gratlngS, instead of
the close matches, which are usual in merchant
vessels.


Second. visions or bulk heads in the hold or
on deck, in greater number than necessary for
vessels engaged in lawful trade.


Third Spare plank fitted for laying down as a
second or slave deck.


Fourth. Shacklcs, bolts, or handouts.


Fifth. A larger quantity of water in casks or in
tanks than is requisite for the consumption of the
crew of the vessel as a merchant-vessel


Sixth. An extraordinary number of water casks,
or of other vessels for holding liquid; unless the
master shall produce certificate from the
tom-house at the place from which he cleared
outwards, stating that i sufficient security had
been given by the owners of such vessel that such
extra quantity of casks, or of other vessels should
ce used only to hold palm OIL or for other pur-
poses OF lawful commerce.


Seventh. A greater number of mess tubs or
kids than requisite for the OF the crew of the
vessel a merchant-vessel.


Eighth boiler, or other cooking apparatus,
of an unusual size, and larger capable of being
made larger, than tequisite for the of the crew
of the vessel as merchant-vessel; or more than
one boiler, or other cooking apparatus, OF the
ordinary size.


Ninth. An extraordinary quantity of rice, of
the flour of Brazil, of manioc cassada, COM
monty called farinha, OF maize, of Indian corn,
or of any other article of food whatever, beyond
the probable wants of the crew; unless such rice,


flour, tarinha, maize, Indian corn, or other article
of food, be entered on the manifest as part of the
cargo for trade.


Tenth. quantity of mats mating greater
than is necessary for the of the crew of the
vessel as a merchant-vesse.; unless such mats or
m he
cargo for trade.


Ii it be proved that any more of the ar
tcles above specified is or are on board, or hIve
been on board during the voyage in which the
vessel was captused that fact shall be considered
as prima tacie evidence that the vessel was en-
plOyed in the African slave trade, and she shall In
be condemned and declared lawful
prize; unless the master owners shall furnish
clear and incontrovertiblc evidence, proving to
the satisfaction of the mixed court OF justice that
at the time OF her detention capture the vessel
was employed in a lawful undertaking, and that
such OF the different articles above speclhed as
were found on board at the detention, or as may
hsve been embark ed duril the voyage on which
she was engaged when captured, were indispens-
able for the lawful object of her voyage.


Article VII. II any one of the articles specified
in the preceding article as grounds for condemna-
ton should be found on board merchant vessel,
or should be proved to have been on board OF her
during the voyage on which she was captured, no
for losses, demages, expenses
consequent upon the detention of such vessel,
shall in any case be granted either to the master,
the owner, or any other person interested in the
equipment in the lading, even though she
should not be condemned by the mixed court of
justice.


Article VII. It is agreed between the two high
parties, that in all cases in which
vessel shall be detained under this treaty, by their
respective cruisers, as having been engaged in the
African slave trade, or having been fitted out
for the purposes thereof and shall consequently |
be adjudged and condemned by one of the mixed !
courts OF justice to be established aforesaid,
the said vessel shall, Immediately after its con-
demnation, be broken up entirely, and shall be |
sold in separate parts after having been SO broken
up; unless either of the two Governments should |
wish to purchase her for the use of its navy, at
price to be fixed by competent person chosen |
tor that purpose by the mixed court OF justice In
which case the Government whose cruiser shall |
have detained the condemned vessel shall have |
the first option OF purchase.


Article TX. The captain, master, pilot, and crew
Of any vessel condemned by the mixed courts OF
Justice shall be punished according to the laws of
the country to which such vessel belongs, as shall
also the owner or owners and the persons inter
ested in her equipment cargo, unless they |
prove that they had no participation in the enter
PRISE


For this purpose, the two high contracting par
ties agree that in far as it may not be attended
with grev1ous expense and Inconvenience, the
master and crew OF any vessel which may be con-
1emned by sentence of one of the mixed courts |
Of Justice, as well as any other persons found on |
the vessel, shall be sent and delivered up to the