230 ANNUAL REGISTER, 1818. 



subjects may incur unjustly, by 

 the arbitrary and illegal detention 

 of their vessels ; it being under- 

 stood that this indemnity shall 

 invai'iably be borne by the govern- 

 ment whose cruizer shall have 

 been guilty of the arbitrary de- 

 tention ; and that the visit and 

 detention of ships specified in 

 this Article shall only be effected 

 by those British or Netherland 

 vessels which may form part of 

 the two royal navies, and by those 

 only of such vessels which are 

 provided with the special instruc- 

 tions annexed to the present 

 treaty, in pursuance of the provi- 

 sions thereof. 



Art. 5. No British or Nether- 

 land cruizer shall detain any ship 

 whatever not having slaves actu- 

 ally on board; and in order to 

 render lawful the detention of 

 any ship, whetiier British or Ne- 

 therland, the slaves found on 

 board such vessel must have been 

 brought there for the express 

 purpose of the traffic. 



Art. 6. All ships of the royal 

 navies of the two nations, which 

 shall hereafter be destined to 

 prevent the traffic in slaves, shall 

 be furnished by their respective 

 govei"nments v/ith a copy of the 

 instructions annexed to the pre- 

 sent treaty, and which shall be 

 considered as an integral part 

 thereof. These instructions shall 

 be written in the Dutch and 

 English languages, and signed 

 for the vessels of each of the two 

 powers, by the minister of their 

 respective marine. The two high 

 contracting parties reserve t!ie 

 faculty of altering the said in- 

 structions, in whole or in part, 

 according to circumstances ; it 

 being, however, well understood, 



that the said alterations cannot 

 take place but by the common 

 agreement, and by the consent of 

 the two high contracting parties. 

 Art. 7. In order to bring to 

 adjudication, with the least delay 

 and inconvenience, the vessels 

 which may be detained for having 

 been engaged in a traffic of slaves, 

 according to the tenor of the fifth 

 Article of this treaty, there shall 

 be established, within the space 

 of a year at furthest from the 

 exchange of the ratifications of 

 the present treaty, two mixed 

 courts of justice, formed of an 

 equal number of individuals of 

 the two nations, named for this 

 purpose by their respective sove- 

 reigns. These courts shall reside 

 — one in the possession belonging 

 to his Britannic Majesty, the 

 other within the territories of his 

 majesty the king of the Nether- 

 lands ; and the two governments, 

 at the period of the exchange of 

 the ratifications of the present 

 treaty, shall declare, each for its 

 own dominions, in what places 

 the courts shall respectively 

 reside. Each of the two high 

 contracting parties reserving to 

 itself the right of changing, at its 

 pleasure, the place of residence 

 of the court held within its owa 

 dominions: provided, however, 

 that one of the tM^o courts shall 

 always be held upon the coast of 

 Africa, and the other in one of 

 the colonial possessions of his 

 majesty the king of the Nether- 

 lands. — These courts shall judge 

 the causes submitted to them 

 according to the terms of the 

 present treaty, without appeal, | 

 and according to the regulations 

 and instructions annexed to the 

 present treaty, of which they 



shall 



