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ou aux Magistrats dans les Ports du Royaume, au Gouverneur, Commandant, ou aux autres Magistrats dans les Iles et Possessions Françaises, aux Consuls, Vice-Consuls et Agens commerciaux du Roi dans les Ports étrangers, les faits relatifs au susdit trafic dont ils auront eu connaissance.
IV. Les arrêts et jugemens de condamnation en matière de traite seront insérés dans la Partie Officielle du Moniteur, par extraits, contenant les noms des Individus condamnés, ceux des Navires et des Ports d'expédition. Cette insertion sera ordonnée par les Cours et Tribunaux, indépendamment des publications prescrites par l’Article 36 du Code Penal.*
V. Les peines portées par la présente Loi sont indépendantes de celles qui doivent être prononcées conformément au Code Pénal pour les autres crimes ou délits qui auraient été commis à bord du Navire.
VI. La Loi du 15 Avril, 1818, est abrogée.
Donné en notre Château des Tuileries, le 25me jour du mois d'Avril, l'an de Grâce, 1827, et de notre Règne le 3ème. Par le Roi :
CHARLES. Le Pair de France, Ministre, Secrétaire d'Etat de la Marine et des Colonies,
COMTE DE CHABROL.
ACT of the British Parliament, “ to carry into effect the
Treaty with Sweden relative to the Slave Trade.” [7 & 8 Geo. 4. Cap. 54.]
[2d July, 1827.]
WHEREAS a Treaty was made between His Majesty and the King of Sweden and Norway, for preventing their Subjects from engaging in any traffick in Slaves, and signed at Stockholm on the 6th day of November 1824 : and whereas by the 1st Article of the said Treaty, wherein it is recited that the Laws of Sweden and Norway, from the remotest time, never have recognized the existence of Slavery under any form whatever; and that the Laws of the United Kingdom of Great Britain and Ireland prohibit to the Subjects of His Britannick Majesty, under the severest penalties, any participation whatever in a
* Code Pénal, Art. 36.–Tous arrêts qui porteront la peine de mort, des travaux forcés à perpétuité ou à temps, la déportation, la réclusion, la peine du carcad, lc bannissement et la dégradation civique, seront imprimés par extrait. Ils seront affichés dans la Ville centrale du Département, dans celle où l'arrêt aura été rendu, dans la Commune du lieu où lo délit aura été commis, dans cello oà se fera l'exécution, et dans celle du domicile du condamné.
+ See State Papers, 1822, 1823. Page 769.
commerce degrading to humanity and unworthy of a civilized Age; His Majesty the King of Sweden and Norway engages himself in consequence, to reiterate, within the space of 6 months after the Ratification of the said Treaty, or sooner if possible, to all his Subjects, in the most explicit manner, the prohibition then already existing, that they should take any part in the traffick of Slaves; and by the said Ist Article, in order to render more effective the measures to which His Majesty the King of Sweden and Norway pledges himself by the said Treaty for the suppression of the said traffick, and with a view of assimilating them more nearly to those already adopted by Great Britain, His said Majesty engages to add to them as soon as possible, with the concurrence of the States General of the Kingdom of Sweden, and of the Storthing of the Kingdom of Norway, Penal Laws according to the spirit of the Legislation of each of the said Countries, which Laws shall visit with a punishment proportionate to the magnitude of the crime, any participation whatever by Swedish or Norwegian Subjects in the Slave Trade; and in the mean time and until these subsequent arrangements could be put in force, the tenor of the Royal Ordinance of the 7th day of February, 1823, of which a Copy is annexed to the said Treaty, marked with the letter A, is formally maintained and confirmed by the said Ist Article: and whereas by the 2d Article of the said Treaty, in order more completely to prevent all infringement of the spirit of the said 1st Article, His Majesty, and His Majesty the King of Sweden and Norway do declare, that the Vessels belonging to their respective Subjects, which, contrary to all expectation, may be found employed in the said forbidden traffick, shall by that act lose all right to claim the protection of their Flag; and His Majesty, and His Majesty the King of Sweden and Norway mutually consent, that the Ships of their Royal Navies, which shall be provided with special In. structions for this purpose as therein-after mentioned, shall visit such merchant Vessels of the two Nations as may be suspected, on reasonable grounds of being concerned in the traffick of Slaves contrary to the provisions of the said Treaty, and in case thereof, may detain and bring away such Vessels, in order that they may be brought to trial in the manner stipulated in the 4th Article of the said Treaty: and whereas by the 3d Article of the said Treaty, in order to explain the mode of execution of the preceding Article, it is agreed, Ist that such reciprocal right of visit and detention shall not be exercised within the Mediterranean Sea, nor within the European Seas lying without the Straits of Gibraltar, to the Northward of the 37th degree of North Lati, tude, and within and to the Eastward of the meridian of Ferro; 2dly, that all Ships of the Royal Navies of the two Nations, which shall be thereafter employed to prevent the traffick in Slaves, shall be furnished by their respective Governments with a Copy in the English, Swedish, and Norwegian languages of the Instructions annexed to the said
Treaty, and which Instructions shall be considered as an integral part thereof, provided that they shall not be altered or modified but with the common consent of His Majesty and of His Majesty the King of Sweden and Norway; 3rdly, that the names of the several Vessels surnished with such Instructions, the force of each, and the names of their several Commanders, shall be from time to time communicated forthwith by the Power issuing the same to the other High Contracting Party; 4thly, that the Ships of each of the Royal Navies authorised to make such visit as aforesaid shall not exceed the number of 12 belonging to either of the High Contracting Parties, without the previous consent of the other High Contracting Party; 5thly, that the right of visit, such as thus reciprocally agreed on by His Majesty and His Majesty the King of Sweden and Norway, shall not be directly exercised upon
Merchant Vessels sailing under the Convoy of one or more Ships of War of either His Majesty or His Majesty the King of Sweden and Norway, but that if, contrary to all expectation, the Commander of a Ship of War of either of the two Governments employed in the suppression of the Slave Trade, should have reasonable grounds for suspecting that a Ship under Convoy of the other Government should in fact have on board Slaves destined for sale, or be otherwise engaged in the traffick of Slaves contrary to the provisions of the said Treaty, the Commander of such Ship of War as aforesaid shall address himself to the Commander of the Convoy, in order to communicate his suspicions, and the latter shall then proceed to visit the suspected Ship, accompanied by either the Commander of the Cruizer himself, or any Officer whom the latter may delegate as his representative; and it is agreed that the Commander of the Convoy shall afford all the aid and assistance possible to the visit of the suspected Ships, and to their eventual detention, according to the spirit and true sense of the said Treaty; and whereas it is by the 4th Article of the said Treaty agreed, in order to bring to adjudication, with the least delay and inconvenience, the ships of the two Nations which may be detained for being engaged in the traffick of Slaves, contrary to the provisions of the said Treaty, that Mixed Courts of Justice shall be formed of an equal number of Individuals, to be named for this purpose by their respective Sovereigns, and that one of the said Courts shall be established in one of the Possessions of His Britannick Ma. jesty on the coast of Africa, which shall be named at the exchange of the Ratification of the said Treaty, and the other in the Island of Saint Bartholomew in the West Indies, belonging to His Majesty the King of Sweden and Norway, each of their said Majesties reserving to himself the right of changing at his pleasure the place of residence of the Court within his Dominions; and it is also thereby provided, that in the event of the absence, on account of illness or any other unavoidable cause of one or more of the Commissioners, Judges, or Arbiters, under the said Treaty, or in case of their absence op leave from their Government, duly notified to the Board of Commissioners sitting under the said Treaty, their posts shall be supplied in the same manner in which, by the 9th Article of the Regulations for the Mixed Commissioners, those vacancies are to be supplied which may occur by the death of one or more of the Commissioners aforesaid; and it is thereby also agreed, that each Government shall name, to sit in each of these Courts, a Judge and an Arbiter, reserving, however, to itself, according to circumstances, and as it shall think proper, the power either of naming for that purpose permanent salaried Officers, or of eventually appointing duly qualified Individuals on the spot, who shall, when the case occui:, assemble in the quality of Judges and Arbiters; and it is provided nevertheless, that after the term fixed for the meeting of the said Commissioners, their proceedings in examination and adjudication shall not be delayed by reason of the absence of any Judge or Arbiter to be appointed under the provisions of the said Treaty, but that the same shall be had and determined by such Commissioners as shall or may be assembled, observing in all things, as nearly as may be, the several provisions of the said Treaty : And whereas, by the 5th Article of the said Treaty, His Majesty and His Majesty the King of Sweden and Norway each engage to make good to the Subjects of the other any losses which their respective Cruisers may cause them to experience by the illegal or arbitrary detention of their Vessels; and it is thereby declared to be understood, that the visit and detention shall not, under any pretext whatever be effected but by Ships which form a part of the two Royal Navies of their said Majesties, and which shall be provided with the special Instructions annexed to the said Treaty, and in pursuance to the provisions thereof: And whereas by the 6th Article of the said Treaty it is agreed, that in case the Officers commanding Vessels employed for the suppression of the Slave Trade shall deviate, in any respect whatever, from the stipulations of the said Treaty, the Government which shall conceive itself to be wronged by such conduct shall have the right to demand reparation, and in such case the Government to which the said Commanding Officers shall belong, binds itself to cause enquiry to be made into the subject of the complaint, and to inflict, should such complaint be grounded, punishment proportioned to the transgression which may have been committed : And whereas by the 7th Article of the said Treaty it is agreed, that in case of clear and undeniable proof that during the immediate voyage of a Vessel so visited as aforesaid, one or more Slaves shall, for the purpose of traffick, have been embarked on board of such Vessel, then and in such case the Vessel in question shall be detained and brought to trial in the manner therein above-mentioned in the 2d Article of the said Treaty; and it is thereby further mutually agreed, that all Merchant Vessels which shall be found hovering or sailing near the Coasts of Africa, within one degree to the Westward of the said Coasts, between the 20th degree of North Latitude and the same degree of South Latitude, or at anchor within any of the Rivers, Gulfs, or Creeks of these Coasts within the limits herein above esta. blished, or at anchor in any part within the said limits, may be lawfully detained and brought before the established Tribunals, provided that in her equipment there shall be found any of the particulars thereinafter mentioned; namely, 1st. that her hatches are fitted with open gratings, instead of close hatches, as usual in Mercbant Vessels; 2dly. that there are more divisions or bulk-heads in her hold, or on her deck, than are necessary for trading Vessels; 3dly. that on board of her there is spare plank either actually fitted in that shape, or fit for readily laying a second or moveable deck, or Slave-deck; 4thly. that on board of her there are shackles, bolts, and handcuffs; 5thly. that on board of her there is an unreasonable quantity of water in casks or in tanks, more than sufficient for the consumption of her Crew as a Merchant Vessel; 6thly. that ou board of her there is an unreasonable number of water casks, or other vessels for holding water, unless the Master shall produce a Certificate from the Custom House from the Place from which he cleared outwards, stating that a sufficient security had been given by the Owners of such Vessel, that such extra quantity of casks or other vessels should only be used for the reception of palm oil or other lawful commerce; 7thly. that op board of her there is a greater quantity of mess tubs or kids than is requisite for the use of the Crew as a Merchant Vessel ; 8thly. that on board of her there are two or more copper boilers, or even that there is one of an unreasonable size, larger than is requisite for the use of her Crew as a Merchant Vessel; 9thly. that on board of her there is an unreasonable quantity of rice or farinha, flour of the manioc of Brazil or cassada, or maize, or Indian corn, beyond any probable requisite provision for the use of the Crew, and such rice, flour, maize, or Indian corn not being entered on the manifest as part of the cargo for trade; and it is further mutually agreed, that the proof of these, or of any one or more of these several indications shall be considered as primâ facie evidence of her actual employment in the Slave Trade, and unless rebutted by satisfactory evidence upon the part of the Master or Owners, that such Ship or Vessel was otherwise legally employed at the time of her detention and capture, the Ship or Vessel shall thereupon be condemned and declared lawful prize : And whereas it is also in the 8th Article of the said Treaty agreed, that the Acts or Instruments of which mention is made in the said Treaty, and which being annexed thereto form an integral part of it, are the following ; the Proclamation of His Majesty the King of Sweden and Norway, which forbids anew to his Subjects the Slave Trade ; an Extract of a Royal Norwegian Proclamation, dated the 16th day of March, 1792, paragraphs the 1st and 6th ; In