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THE HONGKONG GOVERNMENT GAZETTE, 3RD OCTOBER, 1863.
Trade, or as 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 as aforesaid, the said vessel shall, immediately after its condemnation, be broken up entirely, and shall be sold in separate parts, afte having been so broken up; unless either of the two Governments should wish to purchase her for the use of its navy at a price to be fixed by a competent person chosen for that purpose by the Mixed Court of Justice; in which case the Government whose cruizer shall have detained the condemned vessel shall have the first option of purchase.
ARTICLE IX.
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 interested in her equipment or cargo, unless they prove that they had no participation in the enterprize.
For this purpose, the two High Contracting Parties agree that, in so far as it may not be attended with grievous expense and inconvenience, the master and crew of any vessel which may be condemnel by a sentence of one of the Mixed Courts of Justice, as well as any other persons found on board the vessel shall be sent and delivered up to the jurisdiction of the nation under whose flag the condemned vessel was sailing at the time of capture; and that the witnesses and proofs necessary to establish the guilt of such master, crew, or other persons, shall also be sent with them.
The same course shall be pursued with regard to subjects or citizens of either Contracting Party who may be found by a cruizer of the other on board a vessel of any third Power, or on board a vessel sailing without flag or papers, which may be condemned by any competent Court for having engaged in the African Slave Trade.
ARTICLE X.
The negroes who are found on board of a vessel condemned by the Mixed Courts of Justice, in conformity with the stipulations of this Treaty, shall be placed at the disposal of the Government whose cruizer has made the capture; they shall be inmediately set at liberty and shall remain free, the Government to whom they have been delivered guaranteeing their liberty.
ARTICLE XI.
The Acts or Instruments annexed to this Treaty, and which it is mutually agreed shall form an integral part thereof, are as follows:
(A.) Instructions for the ships of the navies of both nations destined to prevent the African Slave Trade.
(B.) Regulations for the Mixed Courts of Justice.
ARTICLE XII.
The present Treaty shall be ratified, and the ratifications thereof shall be exchanged at London in six months from this date, or 30oner if possible. It shall continue and remain in full force for the term of ten years from the day of exchange of the ratifications, and further, until the end of one year after either of the Contracting Parties shall have given notice to the other of its intention to terminate the same; each of the Contracting Parties reserving to itself the right of giving such notice to the other at the end of said term of ten years. And it is hereby agreed between them, that on the expi- ration of one year after such notice shall have been received by either from the other party, this Treaty shall altogether cease and determine.
In witness whereof the respective Plenipotentiaries have signed the present Treaty, and have thereunto affixed the seal of their arms.
Done at Washington, the seventh day of April, in the year of our Lord one thousand eight hundred and sixty-two.
(L.S.) (L.S.)
LYONS.
WILLIAM H. SEWARD.
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