Cuba, she shall be brought before the Mixed Court of Justice at New York.

II. Whenever a ship of either of the two navies duly authorized as aforesaid, shall meet a merchant-vessel liable to be searched under the provisions of the said Treaty, the search shall be conducted with the courtesy and consideration which ought to be observed between allied and friendly nations; and the search shall, in all cases, be made by an officer holding a rank not lower than that of lieutenant in the navy; or by the officer who at the time shall be second in command of the ship by which such search is made.

III. The Commander of any ship of the two navies, duly authorized as aforesaid, who may detain any merchant-vessel in pursuance of the tenor of the present instructions, shall leave on board the vessel so detained, the master, the mate or boatswain, and two or three, at least, of the crew; the whole of the negroes, if any; and all the cargo. The captor shall, at the time of detention, draw up, in writing, a declaration, which shall exhibit the state in which he found the detained vessel; such declaration shall be signed by himself, and shall be given in or sent, together with the captured vessel, to the Mixed Court of Justice before which such vessel shall be carried or sent for adjudication. He shall deliver to the master of the detained vessel a signed and certified list of the papers found on board the same, as well as a certificate of the number of negroes found on board at the moment of detention.

In the declaration which the captor is hereby required to make, as well as in the certified list of the papers seized, and in the certificate of the number of negroes found on board the detained vessel, he shail insert his own name and surname, the name of the capturing ship, and the latitude and longitude of the place where the detention shall have been made.

The officer in charge of the detained vessel shall, at the time of bringing the vessel's papers into the Mixed Court of Justice, deliver into the Court a certificate signed by himself, and verified on oath, stating any changes which may have taken place in respect to the vessel, her crew, the negroes, if any, and her cargo, between the period of her detention and the time of delivering in such paper.

IV. If urgent reasons, arising from the length of the voyage, the state of health of the negroes, or any other cause, should require that either the whole or a portion of such negroes should be disembarked before the vessel can arrive at the place at which one of the Mixed Courts of Justice is established, the Commander of the capturing ship may take upon himself the responsibility of so disembarking the negroes, provided the necessity of the disembarkation, and the causes thereof, be stated in a certificate in

proper form. Such certificate shall be drawn up and entered at the time on the log-book of the detained vessel.

V. In case any merchant-vessel detained in pursuance of the present instructions should prove to be unseaworthy, or in such a condition as not to be taken to one of the 3 ports where the Mixed Courts of Justice are to be established in pursuance of the Treaty of this date, the commander of the detaining cruizer may take upon himself the responsibility of abandoning or destroying her, provided the exact causes which made such a step imperatively necessary be stated in a certificate verified on oath. Such certificate shall be drawn up and formally executed in duplicate at the time.

In case of the abandonment or destruction of a detained vessel, the master and crew, together with the negroes and papers found on board, and one copy of the sworn certificate mentioned in the preceding paragraph of this Article, shall be sent and delivered to the proper Mixed Court of Justice at the earliest possible

moment.

The undersigned Plenipotentiaries have agreed, in conformity with Article XI of the Treaty signed by them on this day, that the present instructions shall be annexed to the said Treaty, and be considered an integral part thereof.

Done at Washington, the 7th day of April, in the year of our Lord 1862.

(L.S.) LYONS.

(L.S.) WILLIAM H. SEWARD.

ANNEX B.-Regulations for the Mixed Courts of Justice.

ART. I. The Mixed Courts of Justice to be established under the provisions of the Treaty, of which these regulations are declared to be an integral part, shall be composed in the following manner :

The two High Contracting Parties shall each name a judge and an arbitrator, who shall be authorized to hear and to decide, without appeal, all cases of capture or detention of vessels which, in pursuance of the stipulations of the aforesaid Treaty, shall be brought before them.

The judges and the arbitrators shall, before they enter upon the duties of their office, respectively make oath before the principal magistrate of the place in which such courts shall respectively reside, that they will judge fairly and faithfully; that they will have ro preference either for claimant or for captor; and that they will act in all their decisions in pursuance of the stipulations of the aforesaid Treaty.

There shall be attached to each of such courts a secretary or

registrar, who shall be appointed by the party in whose territories such court shall reside.

Such secretary or registrar shall register all the acts of the court to which he is appointed; and shall, before he enters upon his office, make oath before the court, that he will conduct himself with due respect for its authority, and will act with fidelity and impartiality in all matters relating to his office.

The salaries of the judges and arbitrators shall be paid by the Governments by whom they are appointed.

The salary of the secretaries or registrars of the two courts to be established in the territories of Great Britain shall be paid by Her Britannic Majesty; and that of the secretary or registrar of the court to be established in the territories of The United States shall be paid by The United States' Government.

Each of the two Governments shall defray half of the aggregate amount of the other expenses of such courts.

II. The expenses incurred by the officer charged with the reception, maintenance, and care of the detained vessel, negroes, and cargo, and with the execution of the sentence, and all disbursements occasioned by bringing a vessel to adjudication, shall, in case of condemnation, be defrayed from the funds arising out of the sale of the materials of the vessel, after the vessel shall have been broken up, of the ship's stores, and of such parts of the cargo as shall consist of merchandize. And in case the proceeds arising out of this sale should not prove sufficient to defray such expenses, the deficiency shall be made good by the Government of the country within whose territories the adjudication shall have taken place.

If the detained vessel shall be released, the expenses occasioned by bringing her to adjudication shall be defrayed by the captor, except in the cases specified and otherwise provided for under Article VII of the Treaty to which these Regulations form an Annex, and under Article VII of these Regulations.

III. The Mixed Courts of Justice are to decide upon the legality of the detention of such vessels as the cruizers of either nation shall detain, in pursuance of the said Treaty.

The said courts shall adjudge definitively, and without appeal, all questions which shall arise out of the capture and detention of such vessels.

The proceedings of the courts shall take place as summarily as possible; and for this purpose the courts are required to decide each case, as far as may be practicable, within the space of 20 days, to be dated from the day on which the detained vessel shall have been brought into the port where the deciding court shall reside.

The final sentence shall not, in any case, be delayed beyond the period of two months, either on account of the absence of witnesses,

or for any other cause, except upon the application of any of the parties interested; but, in that case, upon such party or parties giving satisfactory security that they will take upon themselves the expense and risks of the delay, the courts may, at their discretion, grant an additional delay, not exceeding 4 months.

Either party shall be allowed to employ such counsel as he may think fit, to assist him in the conduct of his cause.

All the acts and essential parts of the proceedings of the said courts shall be committed to writing and be placed upon record.

IV. The form of the process, or mode of proceeding to judgment, shall be as follows:

The judges appointed by the two Governments respectively shall, in the first place, proceed to examine the papers of the detained vessel, and shall take the depositions of the master or commander, and of two or three, at least, of the principal individuals on board of such vessel; and shall also take the declaration on oath of the captor, if it should appear to them necessary to do so, in order to judge and to pronounce whether the said vessel has been justly detained or not, according to the stipulation of the aforesaid Treaty, and in order that, according to such judgment, the vessel may be condemned or released. In the event of the two judges not agreeing as to the sentence which they ought to pronounce in any case brought before them, whether with respect to the legality of the detention, or the liability of the vessel to condemnation, or as to the indemnification to be allowed, or as to any other question which may arise out of the said capture; or in case any difference of opinion should arise between them as to the mode of proceeding in the said court, they shall draw by lot the name of one of the two arbitrators so appointed as aforesaid, which arbitrator, after having considered the proceedings which have taken place, shall consult with the two judges on the case; and the final sentence or decision shall be pronounced conformably to the opinion of the majority of the three.

V. If the detained vessel shall be restored by the sentence of the court, the vessel and the cargo, in the state in which they shall then be found (with the exception of the negroes found on board, if such negroes shall have been previously disembarked under the provisions of Article IV and V of the Instructions annexed to the Treaty of this date), shall forthwith be given up to the master, or to the person who represents him; and such master or other person may, before the same court, claim a valuation of the damages which he may have a right to demand. The captor himself, and, in his default, his Government, shall remain responsible for the damages to which the master of such vessel, or the owners either of the vessel or of her cargo, may be pronounced to be entitled.

The two High Contracting Parties bind themselves to pay, within the term of a year from the date of the sentence, the costs and damages which may be awarded by the court; it being mutually agreed, that such costs and damages shall be paid by the Government of the country of which the captor shall be a subject.

VI. If the detained vessel shall be condemned, she shall be declared lawful prize, together with her cargo, of whatever description it may be, with the exception of the negroes who shall have been brought on board for the purpose of trade; and the said vessel, subject to the stipulations in Article VIII of the Treaty of this date, shall, as well as her cargo, be sold by public sale for the profit of the two Governments, subject to the payment of the expenses hereinafter mentioned.

The negroes who may not previously have been disembarked, shall receive from the court a certificate of emancipation, and shall be delivered over to the Government to whom the cruizer which made the capture belongs, in order to be forthwith set at liberty.

VII. The Mixed Courts of Justice shall also take cognizance of, and shall decide definitively and without appeal, all claims for compensation on account of losses occasioned to vessels and cargoes which shall have been detained under the provisions of this Treaty, but which shall not have been condemned as legal prize by the said courts; and in all cases wherein restitution of such vessels and cargoes shall be decreed, save as mentioned in Article VII of the Treaty to which these Regulations form an Annex, and in a subsequent part of these Regulations, the court shall award to the claimant or claimants, or to his or their lawful attorney or attorneys, for his or their use, a just and complete indemnification for all costs of suit, and for all losses and damages which the owner or owners may have actually sustained by such capture and detention: and it is agreed that the indemnification shall be as follows:

First. In case of total loss, the claimant or claimants shall be indemnified,

(A.) For the ship, her tackle, equipment, and stores.

(B.). For all freights due and payable.

(c.) For the value of the cargo of merchandize, if any, deducting all charges and expenses which would have been payable upon the sale of such cargo, including commission of sale.

(D.) For all other regular charges in such case of total loss. Secondly. In all other cases (save as hereinafter mentioned) not of total loss, the claimant or claimants shall be indemnified,

(A.) For all special damages and expenses occasioned to the ship by the detention and for loss of freight, when due or payable. (B.) For demurrage when due, according to the schedule annexed to the present Article.