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The Parties mutually stipulate, that each shall prepare, equip, and maintain in service on the coast of Africa, a sufficient and adequate squadron, or naval force of vessels, of suitable numbers and descriptions, to carry in all not less than eighty guns, to enforce, separately and respectively, the laws, rights, and obligations of each of the two countries for the suppression of the Slave Trade; the said squadrons to be independent of each other, but the two Governments stipulating nevertheless to give such orders to the officers commanding their respective forces, as shall enable them most effectually to act in concert and co-operation, upon mutual consultation, as exigencies may arise, for the attainment of the true object of this Article; copies of all such orders to be communicated by each Government to the other respectively.
Whereas, notwithstanding all efforts which may be made on the coast of Africa for suppressing the Slave Trade, the facilities for carrying on that traffick, and avoiding the vigilance of cruizers, by the fraudulent use of flags and other means, are so great, and the temptations for pursuing it, while a market can be found for slaves, so strong, as that the desired result may be long delayed, unless all markets be shut against the purchase of African negroes;-the Parties to this Treaty agree, that they will unite in all becoming representations and remonstrances with any and all Powers within whose dominions such markets are allowed to exist; and that they will urge upon all such Powers the propriety and duty of closing such markets effectually, at once and for ever.
It is agreed that Her Britannick Majesty and the United States shall, upon mutual requisitions by them or their ministers, officers, or authorities, respectively made, deliver up to justice all persons who, being charged with the crime of murder, or assault with intent to commit murder, or piracy, or arson, or robbery, or forgery, or the utterance of forged paper, committed within the jurisdiction of either, shall seek an asylum, or shall be found within the territories of the other:-provided that this shall only be done upon such evidence of criminality as, according to the laws of the place where the fugitive or person so charged shall be found, would justify his apprehension and commitment for trial, if the crime or offence had there been committed; and the respective Judges and other Magistrates of the two Governments shall have power, jurisdiction, and authority, upon complaint made under oath, to issue a warrant for the apprehension of the fugitive or person so charged, that he may be brought before such Judges or other Magistrates, respectively, to the end that the evidence of criminality may be heard and considered; and if, on such hearing, the evidence be deemed sufficient to sustain the charge, it shall be the duty of the examining Judge or Magistrate to certify the same to the proper executive authority, that a warrant may issue for the surrender of such fugitive. The expense of such apprehension and delivery shall be borne and defrayed by the Party who makes the requisition and receives the fugitive.
The Eighth Article of this Treaty shall be in force for five years from the date of the exchange of the Ratifications, and afterwards, until one or the other Party shall signify a wish to terminate it. The Tenth Article shall continue in force until one or the other of the Parties shall signify its wish to terminate it, and no longer.
The present Treaty shall be duly ratified, and the mutual exchange of Ratifications shall take place in London within six months from the date hereof, or earlier if possible.
In faith whereof we, the respective Plenipotentiaries, have signed this Treaty, and have hereunto affixed our seals.
Done in duplicate at Washington, the ninth day of August, Anno Domini One thousand eight hundred and forty-two.
GREAT BRITAIN AND THE UNITED STATES
THE TREATY LATELY CONCLUDED AT
INSTRUCTIONS FROM THE EARL OF ABERDEEN TO LORD
Presented to the House of Commons, by Her Majesty's Command,
GREAT BRITAIN AND THE UNITED STATES,
THE TREATY LATELY CONCLUDED AT WASHINGTON; INCLUDING
The Earl of Aberdeen to Lord Ashburton.
Foreign Office, February 8, 1842. THE last subject to which I propose to advert is that which, under the designation of the "right of search," has already created so much excitement in the United States.
I am persuaded that this excitement has in great measure been the consequence of misapprehension, and that when the real state of the question at issue shall have been fully explained and understood, it must necessarily subside.
Undoubtedly it would be much more agreeable to Her Majesty's Government, and, I must be permitted to think, more honourable to the United States, if the Cabinet of Washington were now to enter into the league which has been formed by the Great Powers of Europe, and by the mutual concession of a duly regulated right of search, to hold out to humanity the cheering prospect of the final extinction of the odious traffic in slaves. Your Lordship will constantly keep this object in view, and will not omit any seasonable opportunity to renew propositions tending to this result. With the example now happily afforded by all Europe I am unwilling to doubt the ultimate success of our endeavours to include the American Continent in these engagements.
But whatever objections may exist in the United States to the right of search, properly so called, these are not applicable to the present case under discussion between the two Governments. Upon this subject I have really nothing to add to the explanations contained in my notes recently addressed to the Representatives of the United States in this country, with copies of which you have already been furnished. You will there have seen that no such right is asserted by Great Britain. Our object is exclusively limited, where reasonable ground of suspicion shall exist, to ascertain the genuineness of the flag which any vessel may display. Her Majesty's Government have given ample proof of their desire to make these inquiries, when necessary, with every possible precaution, and with the least inconvenience to those concerned. They are ready to adopt additional provisions, if such can be pointed out, which may be still further calculated to prevent the possibility of abuse; but the right itself, being manifestly founded on justice and common sense, they are determined to maintain.