718466-1863-TREATY-BETWEEN-HER-MAJESTY-AND-THE-UNITED-STATES-OF-AMERICA-FOR-THE-SUPPESSION-OF-THE-AFRICAN-SLAVE-TRADE-SINGED-AT-WASHINGTON-APRIL-7-1862- — Page 2

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THE HONGKONG GOVERNMENT GAZETTE, 3RD OCTOBER, 1863.

Thirdly. Whenever a merchant-vessel is searched by a ship of war, the Cominander of the said ship shall, in the act of so doing, exhibit to the Commander of the merchant-vessel the special Instruc tions by which he is duly authorized to search; and shall deliver to 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 employed in the African Slave Trade, or is fitted up for the said Trade. When the search is made by an officer of the cruizer who is not the Commander, such officer shall exhibit to the Captain of the merchant-vessel a copy of the before-mentioned special Instructions, signed by the Commander of the cruizer; and he shall in like manner deliver a certificate signed by himself, stating his rank in the Navy, the name of the Commander by whose orders he proceeds to make the search, that of the cruizer 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 are in regular order, and that it is employed on lawful objects, the officer shall enter in the log-book of the vessel that the search has been made in pursuance of the aforesaid special Instructions; and the vessel shall be left at liberty to pursue its voyage.

The rank of the officer who makes the search must not be less than that of Lieutenant in the navy, unless the command, either by reason of death or other cause, is at the time held by an officer of inferior rank.

Fourthly. The reciprocal right of search and detention shall be exercised only within the distance of two hundred miles from the Coast of Africa, and to the southward of the thirty-second parallel of north latitude; and within thirty leagues from the Coast of the Island of Cuba.

ARTICLE II.

In order to regulate the mode of carrying the provisions of the preceding Article into execution, it is agreed:-

First. That all the ships of the navies of the two nations which shall be hereafter employed to prevent the African Slave Trade shall be furnished by their respective Governments with a copy of the present Treaty, of the Instructions for cruizers annexed thereto, marked A, and of the regulations for the Mixed Courts of Justice annexed thereto, marked B, which Annexes respectively shall be considered as integral parts of the present Treaty.

Secondly. That each of the High Contracting Parties shall, from time to time, communicate to the other the names of the several ships furnished with such Instructions, the force of each, and the names of their several Commanders. The said Commanders shall hold the rank of Captain in the navy, or at least that of Lieutenant: it being nevertheless understood that the instructions originally issued to an officer holding the rank of Lieutenant of the navy, or other superior rank, shall in case 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, although such officer may not hold the aforesaid rank in the service.

Thirdly. That if at any time the Commander of a cruizer of either of the two nations shall suspect that any merchant-vessel under the escort or convoy of any ship or ships of war of the other nation carries negroes on board, or has been engaged in the African Slave Trade, or is fitted out for the pur- pose thereof, the Commander of the cruizer shall communicate his suspicions to the Commander of the convoy, who, accompanied by the Commander of the cruizer, shall proceed to the search of the suspected vessel; and in case the suspicions 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 Courts of Justice are stationed, in order that it may there be adjudicated upon.

Fourthly. It is further mutually agreed, that the Commanders of the ships of the two navies, respectively, 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 or 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 cruizer shall have been guilty of such 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 as are provided with the special Instructions annexed to the present Treaty, in pursuance of the provisions thereof. The indemnification 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 IV.

In order to bring to adjudication, with as little delay and inconvenience as possible, the vessels which may be detained according to the tenor of the First Article of this Treaty, there shall be esta blished, as soon as may be practicable, three Mixed Courts of Justice, formed of an equal number of individuals of the two nations, named for this purpose by their respective Governments. These Courts shall reside, one at Sierra Leone; one at the Cape of Good Hope; and one at New York.