742 



PUBLIC DOCUMENTS. 



which may be detained according to the tenor of the 

 first article of this treaty, there shall be established, as 

 soon as may be practicable, three mixed courts of jus- 

 tice, formed of an equal number of individuals of the 

 two nations, named tor this purpose by their respec- 

 tive Governments. These courts shall reside, one at 

 Sierra Leone one at the Cape of Good Hope ; and one 

 at New York. 



But each of the two high contracting parties re- 

 serves to itself the right of changing, at its pleasure, 

 the place of residence of the court or courts held within 

 its own territories. 



These courts shall judge the causes submitted to 

 them according to the provisions of the present treaty, 

 and according to the regulations and instructions 

 which are annexed to the present treaty, and which 

 are considered an integral part thereof, and there shall 

 be no appeal from their decision. 



ART. 5. In case the commanding officer of any of 

 the ships of the navies of either country, duly commis- 

 sioned according to the provisions of the first article 

 of this treaty, shall deviate in any respect from the 

 stipulations of the said treaty, or from the instructions 

 annexed to it, the Government which shall conceive 

 itself to be wronged thereby shall be entitled to de- 

 mand reparation; and in such case the Government 

 to which such commanding officer may belong binds 

 itself to cause inquiry to be made into the subject of 

 the complaint, and to inflict upon the said officer a 

 punishment proportioned to any wilful transgression 

 which he may be proved to have committed. 



ART. 6. It is hereby further mutually agreed that 

 every American or British merchant vessel which shall 

 be searched by virtue of the present treaty may lawful- 

 ly be detained, and sent or brought before the mixed 

 courts of justice established in pursuance of the pro- 

 visions thereof, if, in her equipment, there shall 

 be found any of the things hereinafter mentioned, 

 namely : 



First. Hatches with open gratings, instead of the 

 close hatches, which are usual in a merchant vessel. 



Second. Divisions or bulk heads in the hold or on 

 deck in greater number than are necessary for vessels 

 engaged in lawful trade. 



Third. Spare plank fitted for laying down as a sec- 

 ond or slave deck. 



Fourth. Shackles, bolts, or handcuffs. 



Fifth. A larger quantity of water in casks or in 

 tanks than is requisite for the consumption of the crew 

 of the vessel as a merchant vessel. 



Sixth. An extraordinary number of water casks or 

 of other vessels for holding liquid, unless the master 

 shall produce a certificate from the custom-house at the 

 place from which he cleared outward, stating that a 

 sufficient security had been given by the owners of 

 such vessel that such extra quantity of casks or of 

 other vessels should be used only to hold palm oil, or 

 for other purposes of lawful commerce. 



Seventh. A greater number of mess tubs or kids 

 than requisite for the use of the crew of the vessel as a 

 merchant vessel. 



Eighth. A boiler, or other cooking apparatus, of an 

 unusual size, and larger, or capable of being made 

 larger, than requisite for the use of the crew of the 

 vessel as a merchant vessel ; or more than one boner, 

 or other cooking apparatus, of the ordinary size. 



Ninth. An extraordinary quantity of rice, of the 

 flour of Brazil, of manioc or cassada, commonly called 

 farinha, of maize, or of Indian corn, or of any other ar- 

 ticle of food whatever, beyond the probable wants of 

 the crew; unless such rice, flour, farinha, maize, In- 

 dian corn, or other article of food, be entered on the 

 manifest as part of the cargo for trade. 



Tenth. A quantity of mats or matting greater than 

 is necessary for the use of the crew of the vessel as a 

 merchant vessel ; unless such mats or matting be en- 

 tered on the manifest as part of the cargo for trade. 



If it be proved that any one or more of the articles 

 above specified is or are on board, or have been on 

 board during the voyage in which the vessel was cap- 

 tured, that fact shall be considered as prima facie evi- 



dence that the vessel was employed in the African slave 

 trade, and she shall in consequence be condemned and 

 declared lawful prize, unless the master or owners shall 

 furnish clear and incontrovertible evidence, proving 

 to the satisfaction of the mixed court of justice that at 

 the time of her detention or capture the vessel was 

 employed in a lawful undertaking, and that such of 

 the different articles above specified as were found on 

 board at the time of detention, or as may have been em- 

 barked during the voyage on which she was engaged 

 when captured, were indispensable for the lawful ob- 

 ject of her voyage. 



ART. 7. If any one of the articles specified in the 

 preceding article as grounds for condemnation should 

 be found on board a merchant vessel, or should be 

 proved to have been onboard of her during the voyage 

 on which she was captured, no compensation for losses, 

 damages, or expenses consequent upon the detention 

 of such vessel, shall, in any case, be granted either to 

 the master, the owner, or any other person interested 

 in the equipment or in the lading, even though she 

 should not be condemned by the mixed court of 

 justice. 



ART. 8. It is agreed between the two high contract- 

 ing parties that in all cases in which a vessel shall be 

 detained under this treaty by their respective cruisers 

 as having been engaged in the African slave 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, after 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 courts of justice, in which case the Gov- 

 ernment whose cruiser shall have detained the con- 

 demned vessel shall have the first option to purchase. 



ART. 9. 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 enterprise. 



For this purpose the two high contracting parties 

 agree that, in so far as it may not be attended with griev- 

 ous expenses and inconvenience, the master and crew 

 of any vessel which may be condemned 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 ne- 

 cessary to establish the guilt of such master, crew, or 

 other persons, shall alsol)e 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 cruiser 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. 



ART. 10. 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 cruiser 

 has made the capture ; they shall be immediately set 

 at liberty, and shall remain free, the Government 

 to whom they have been delivered guaranteeing their 

 liberty. 



ART. 11. 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. 



ART. 12. The present treaty shall be ratified, and the 

 ratifications thereof shall be exchanged at London in, 

 six months from this date, or sooner if possible. It 



