Orders from the Admiralty, to carry the same into effect; but Art. IV. The authority to visit and search must be exercised under VISIT AND the following restrictions and regulations: SEARCH. First. Search is to be made only by you, or by an Officer of Annex A, your ship, not under the rank of Lieutenant in the Navy, unless Art. II. he be second in command of your ship. Secondly. The Right of Search can only be exercised with Annex A, respect to merchant-vessels. Thirdly. Search can only be made, 1. Along the western coast of Africa, from the 40th degree of South latitude, to the 25th degree of North latitude, and to the 27th degree of West longitude, from the meridian of Greenwich. 2. All round the Island of Madagascar to the extent of twenty leagues from that island. 3. The same distance from the coasts of the Island of Cuba. 4. The same distance from the coasts of the Island of Porto Rico. 5. The same distance from the coasts of Brazil. Nevertheless, a suspected vessel descried and begun to be chased by you while within the said limits, may be searched beyond those limits, if, without having lost sight of the suspected vessel, you should succeed in coming up with her. Art. IV. Art. II. Sect. 3. Fourthly. If you should suspect that a Chilian merchant-vessel Treaty; under convoy of a Chilian ship of war is engaged in Slave Trade, Art. V, you are to proceed to visit her in company with the Commander of the convoy, who, by the Treaty, is bound to give every facility to such visit, and to the eventual detention of the vessel by you, if required, and in all things to assist to the utmost of his power in the execution of the Treaty. In case of your commanding a convoy, you are in like manner to permit a Chilian ship of war, duly authorized under the Treaty, to visit, in company with you, any British vessel under your convoy suspected of Slave Trade, and to give every facility to the visit, and to the eventual detention of the vessel, by the Chilian Commander, if required. A full report of the circumstances relating to any British or Chilian vessels, so met with under convoy, must be made to the Officer under whose orders you are serving, and a duplicate of the Report is to be sent to the Admiralty at the earliest opportunity. It will be your duty, when duly authorized under this Treaty, to seize any Chilian vessel found where search is permitted, whenever it shall appear,― DETENTION, 1 Treaty; Treaty; First. That Slaves are on board contrary to Treaty. Secondly. That the vessel is, or has, during the voyage, been engaged in Slave Trade. If Thirdly. That the vessel has, or has had on board during the voyage, any of the fittings or equipments described in Article IX of the Treaty, excepting in the particular cases wherein it is provided to the contrary by Sections 6 and 9 of the said Article. you should determine to seize the vessel you are forthwith to take possession of the ship's papers, and of all other documents and letters found on board; and to cause a list to be made out Form No. 4. thereof in duplicate, according to Form No. 4, verifying the same by your signature, and you will deliver to the Master of the seized vessel one of the said certificates. Annex A, You are also at the time of seizure to draw up in writing a Form No. 5. declaration, according to Form No. 5, signed by yourself, which is to be given in or sent, together with the captured vessel, to the Mixed Court of Justice before which such vessel shall be taken for adjudication. CONDUCTING OF ADJUDICA TION, In the event of your seizing a Chilian vessel, you must without TO THE PORT delay either carry or send her in for trial, before that one of the Mixed Courts of Justice, established in virtue of the Treaty, which shall be nearest the place of detention, or which can soonest be reached from such place; and the Officer in charge must be provided with a copy certified by you, of the Special Order authorizing you to carry the Treaty into effect. Annex A, Treaty; Annex A, Annex A, PROCEEDINGS AT THE PORT The Treaty provides that two Mixed Courts of Justice shall be established under this Treaty, one in Chile, the other in a British Possession in Africa: the only Mixed Court of Justice at present established is at Sierra Leone; therefore all vessels detained under the Treaty are to be taken thither. You are to leave on board the seized vessel, the Master, the mate or boatswain, and two or three at least of the crew, the whole of the Slaves, if any, and all the cargo; unless urgent reasons should require that the whole or a portion of the Slaves should be disembarked before the vessel can arrive at the Port of Adjudication, and in this case you must draw out a certificate, in which you will declare the necessity for the disembarkation, and the causes thereof, and this certificate is to be entered at the time on the log-book of the seized vessel. As soon as the Officer in charge of the seized vessel shall OF ADJUDI have brought her to the place where the Mixed Court of Justice is sitting, he is to deliver to the Court, CATION. Annex A, Form No. 4. First. Duplicate of certificate delivered to the Master at the time of seizure, according to Form No. 4. Secondly. Authenticated declaration drawn up also at the Form No. 3. time of seizure, according to Form No. 5. Thirdly. An affidavit, to which all the ship's papers, together with all other documents and letters at any time found on board, must be annexed; and this affidavit must verify the same: Form No. 6 is to be used for this purpose, unless there should be a dif- Form No. 6. ferent Form prescribed by the Court. Fourthly. An affidavit, in which are to be stated any changes which may have taken place in respect to the vessel, her crew, the Slaves, if any, and her cargo, between the period of her detention and the time of delivering in such papers: Form No. 7 Form No.7. is to be used for this purpose, unless there should be a different Form prescribed by the Court. The Officer in charge of the vessel will reserve, to be produced upon demand of the Court, the copy of the Special Order to carry the Treaty into effect. The Officer will then by himself or agent proceed in the case, according to the forms of business in use in the Mixed Court of Justice, which he will learn on application to the Registrar. The Slaves are not to be landed without the permission of Annex A, the Mixed Court of Justice. Art. IV. Art. II. The rights conferred by the Treaty must in every case, and Annex A, in all stages, be exercised in the mildest manner and with every attention which ought to be observed between friendly and allied nations; and you will bear in mind the responsibility of Great Britain to see that any losses which Chilian citizens may suffer Art. VI. by the arbitrary or illegal detention of their vessels shall be made good. Treaty; Treaty; You will mark that, in case Her Majesty's Officers deviate in any respect from the stipulations of the Treaty, or the Instructions annexed to it, Her Majesty's Government upon complaint is bound to cause enquiry to be made, and to inflict on the offending Art. VIII. Officer a punishment proportionate to any wilful transgression he may have committed. Chilian ships of war duly authorized under the Treaty, have the same right of search and detention, with respect to British merchant-vessels suspected of being engaged in Slave Trade, as may be exercised by Her Majesty's ships so authorized with respect to Chilian merchant-vessels. Given under our hands, this 12th day of June, 1844. By command of their Lordships, G. COCKBURN. W. H. GAGE. SIDNEY HERBERT. E Ratifications exchanged Dec. 12, 1839. Treaty; Treaty; AUTHORITY TO ACT UNDER [Forms 4, 5, 6, 7, apply to this Treaty.] 13.-VENEZUELA. Instructions for Commanders of Her Majesty's Ships authorized to By the Commissioners for executing the Office of Lord High By the Treaty of the 15th of March, 1839, between Great Britain and Venezuela, the Republic of Venezuela declares the Traffic in Slaves to be abolished for ever, defining such Traffic to be the Traffic carried on in Negroes brought from Africa in order to transport them to other parts of the world for sale. This Treaty has one Annex, which, by the terms of the Treaty, is declared to form an integral part thereof. This Annex contains Instructions for the ships of the British and Venezuelan Navies destined to prevent the illicit Traffic in Slaves. Your conduct in suppressing Slave Trade carried on in Venezuelan vessels must be governed and regulated by the Treaty and its Annex; and the following Instructions are framed in conformity with these documents, for the purpose of distinctly pointing out the course which you are to pursue in carrying the Treaty into effect. Commanders of Her Majesty's ships are not authorized to THE TREATY, Search Venezuelan vessels unless duly provided with the Instructions contained in the Annex A, and with Special Orders from the Admiralty to carry the same into effect; but when furnished with these documents they are authorized to visit, search, and detain, under the conditions prescribed by the Treaty, any Venezuelan merchant-vessel which, upon reasonable grounds, may be suspected of being engaged in the Slave Trade. Treaty ; Art. I. VISIT AND Annex, Art. II. Treaty ; The authority to visit and search must be exercised under the following restrictions and regulations: First. Search is to be made only by you, or by an Officer of your ship, not under the rank of Lieutenant in the Navy, unless he be second in command of your ship. Secondly. The Right of Search can only be exercised on merchant-vessels. Thirdly. The Right of Search is to be exercised only within Treaty; the following limits, viz.: 1. Along the western coast of Africa, from Cape Verd to the distance of ten degrees south of the Equator; that is to say, from the 15th degree of North to the 10th degree of South latitude, and as far as the 40th degree of East longitude, reckoning from the meridian of Caracas. 2. All round the Island of Madagascar, to the extent of twenty leagues from that island. 3. The same distance from the coasts of the Island of Cuba. 4. The same distance from the coasts of the Island of Porto Rico. 5. The same distance from the coasts of Brazil. Nevertheless, a suspected vessel descried, and begun to be chased within the limits above specified, may be followed out of such limits, and searched by you, provided you had not during the chase lost sight of her. Art. V. VII, Sect. 3. Fourthly. If you should have reason to suspect that any Treaty; Art. merchant-vessel, under the flag and proceeding under the convoy of any ship of the Venezuelan Navy, is concerned in the Slave Trade contrary to the Treaty, you are to visit the said vessel, provided it be within the limits, in company with the above Commander of the convoy, who, by the Treaty, is bound to give every facility to such visit, and to the eventual detention of the vessel by you, if required, and in all things to assist to the utmost of his power in the execution of this Treaty. In case of your commanding a convoy you are in like manner to permit the Commander of a Venezuelan ship of war, duly authorized under this Treaty, to visit, in company with you, any British merchant-vessel under your convoy suspected of Slave Trade, and to give every facility to such visit, and to the eventual detention of the vessel by the Venezuelan Commander, if required. A full report of the circumstances relative to any British or Venezuelan vessels so met with under convoy must be made to the Officer under whose orders you are serving, and a duplicate of the Report is to be sent to the Admiralty at the earliest opportunity. It will be your duty, when duly authorized under this Treaty, DETENTION. to seize any Venezuelan vessel found where search is permitted, whenever it shall appear, Art. I. First. That Slaves for the purpose of traffic are or have been Annex, on board during the particular voyage on which the vessel may be captured. Secondly. That the vessel is or has been engaged in Slave Trade during the voyage. Thirdly. That the vessel has on board any of the fittings or equipments described in Article X, excepting in the particular Treaty; cases wherein it is provided to the contrary by Sections 6 and 9 Art. X. of the said Article. The carrying Slaves previously resident in the States of Vene- Treaty Art. I. |