222 ANNUAL REGISTER, ISIS. 



stipulated, that the number of 

 slaves found on board a slave 

 ship by the cruizers, even should 

 the number not agree with that 

 contained in their passport, shall 

 not be sufficient reason to justify 

 the detention of the ship ; but 

 the captain and the proprietor 

 shall be denounced in the Spanish 

 tribunals, in order to their being 

 punished according to the laws 

 of the countr3\ 



Art. 4. Every Spanish vessel 

 intended to be employed in the 

 legal traffic in slaves, in confor- 

 mity with the principles laid 

 down in the treaty of this date, 

 shall be commanded by a native 

 Spaniard, and two-thirds, at least, 

 of the crew shall likewise be Spa- 

 niards ; provided always, that its 

 Spanish or foreign construction 

 shall, in no wise, affect its nation- 

 ality, and that the negro sailors 

 shall always be reckoned as Spa- 

 niards, provided they belong, as 

 slaves, to subjects of the crown 

 of Spain, or that they have been 

 enfranchised in the dominions of 

 his Catholic Majesty. 



Art. 5. Whenever a ship of 

 war shall meet a merchantman 

 liable to be searched, it shall be 

 done in the most mild manner, 

 and with every attention which 

 is due between allied and friendly 

 nations ; and in no case shall the 

 search be made by an officer 

 holding a rank inferior to that of 

 lieutenant in the navy of Great 

 Britain, or of ensign of a ship of 

 the line in the Spanish navy. 



Art. 6. The ships of war which 

 may detain any slave ship, in 

 pursuance of the principles laid 

 down in the present instructions, 

 shall leave on board all the cargo 

 of negroes untouched, as well as 



the captain and a part, at leagt, 

 of the crew of the above-men- 

 tioned slave ship; the captain 

 shall draw up in writing, an 

 authentic declaration, which shall 

 exhibit the state in which he 

 found the detained ship, and the 

 changes which may have taken 

 place in it; he shall deliver to the 

 captain of the slave ship a signed 

 certificate of the papers seized on 

 board the said vessel, as well as 

 of the number of slaves found 

 on board at the moment of de- 

 tention. — The negroes shall not 

 be disembarked till after the 

 vessels which contain them shall 

 be arrived at the place where the 

 legality of the capture is to be 

 tried by one of the two mixed 

 commissions, in order that in the 

 event of their not being adjudged 

 legal prize, the loss of the pro- 

 prietors may be more easily 

 repaired. If, however, urgent 

 motives, deduced from the length 

 of the voyage, the state of health 

 of the negroes or other causes, 

 required that they should be 

 disembarked entirely, or in part, 

 before the vessel could arrive at 

 the place of residence of one of 

 the said commissions, the com- 

 mander of the capturing ship 

 may take on himself the respon- 

 sibility of such disembarkation, 

 provided that the necessity be 

 stated in a certificate in proper 

 form. 



Art. 7. No conveyance of slaves 

 from one port in the Spanish pos- 

 sessions to another shall take place, 

 except in ships provided with 

 passports from the government 

 on the spot, ad hoc. 

 No. [^. Regulations for the 

 Mixed Commissions, which are 

 to reside on the Coast of 



Africa, 



