224 ANNUAL REGISTER, 1818. 



to the examination of the papers 

 of the vessel, and to receive the 

 depositions on oath of the cap- 

 tain and of two or three, at least, 

 of the principal individuals on 

 board of the detained vessel, as 

 well as the declaration on oath 

 of the captor, should it appear 

 necessary, in order to be able to 

 judge and to pronounce if the 

 said vessel has been justly de- 

 tained or not, according to the 

 stipulations of the treaty of this 

 date, and in order that, according 

 to this judgment, it may be con- 

 demned or liberated. And in the 

 event of the two commissary 

 judges not agreeing on the sen- 

 tence they ought to pronounce, 

 whether as to the legality of the 

 detention, or the indemnification 

 to be allowed, or on any other 

 question which might result from 

 the stipulations of the treaty of 

 this date, — they shall draw by 

 lot the name of one of the two 

 commissioners of arbitration, who, 

 after having considei-ed the docu- 

 ments of tlie process, ^lall consult 

 with the above-mentioned com- 

 missary judges on the case in 

 question, and the final sentence 

 shall be pronounced conformably 

 to the opinion of the majority of 

 the above-mentioned conmiissary 

 judges, and of the above-men- 

 tioned commissioner of arbitra- 

 tion. 



Art. 4. As often as the cargo 

 of slaves found on board of a 

 Spanish slave ship, shall have 

 been embarked on any point 

 whatever of the coast of Africa 

 where the slave trade continues 

 to be lawful, such slave ship shall 

 not be detained on pretext that 

 the above-mentioned slaves have 

 been brought originally by land 



from any other part whatever of 

 the continent. 



Art. 5. In the authenticated 

 declaration which the captor 

 shall make before the commis- 

 sion, as well as in the certificate 

 of the papers seized, which shall 

 be delivered to the captain of the 

 captured vessel at the time of the 

 detention, the above-mentioned 

 captor shall be bound to declare 

 his name, the name of his vessel, 

 as well as the latitude and longi- 

 tude of the place where the deten- 

 tion shall have taken place, and 

 the number of slaves found living 

 on board of the slave ship at the 

 time of the detention. 



Art. 6. As soon as sentence 

 shall have been passed, the de- 

 tained vessel, if liberated and what 

 remains of the cargo, shall be 

 restored to the proprietors, who 

 may before the same commis- 

 sion, claim a valuation of the da- 

 mages, which they may have aright 

 to demand; the captor himself, 

 and in his default, his government, 

 shall remain responsible for the 

 above-mentioned damages. — The 

 two high contracting parties bind 

 themselves to defray, within the 

 term of a year from the date of 

 the sentence, the indemnifications 

 which may be granted by the 

 above-named commissions, it 

 being understood that these in- 

 demnifications shall be at the 

 expense of the power of which 

 the captor shall be a subject. 



Art. 7. In case of the con- 

 demnation of a vessel for unlawful 

 voyage, she shall be declared 

 lawful prize, as well as her cargo, 

 of whatever description it may 

 be, with the exception of the 

 slaves who may be on board as 

 objects of commerce: and the 



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