Annex, Art. III. zuela from one port to another of that Republic, does not subject the vessel conveying them to seizure. If 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 certified lists. You are also, at the time of seizure, to draw up in writing a Form No. 5. declaration, according to Form No. 5, and this declaration is to be signed by yourself, and given in or sent, together with the captured vessel, to the proper Authorities at the port to which such vessel shall be taken for adjudication. CONDUCTING TO THE PORT OF ADJUDI TION, Annex, Annex, Annex, In the event of your seizing a Venezuelan vessel, you must without delay carry or send her in for trial to that port of Venezuela which shall be nearest the place of detention, or can be soonest 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. Slaves found on board a Venezuelan vessel are to be landed at that one of the four undermentioned ports which shall be nearest to the place of capture: namely, Bathurst on the Gambia, Port Royal in Jamaica, the Cape of Good Hope, or Demerara. The Officer in charge of the detained vessel is to deliver up the Slaves to the order of the Governor of the Colony, taking from the person who shall receive them a receipt in duplicate. No part of the Slaves found on board a Venezuelan vessel is to be removed from her until after her arrival at one of the above ports; excepting only where the removal of the whole, or of part of them, shall be deemed necessary, either for the preservation of their lives, or for any other consideration of humanity. No other person whatever is to be taken out of the detained vessel; nor is any part of her cargo to be removed from her until after such vessel shall have been delivered over to the Venezuelan Authorities, excepting only when the removal of the whole or of part of the crew shall be deemed necessary, either for the preservation of their lives, or for any other consideration of humanity, or for the safety of the persons charged with the navigation of the vessel. If any removals shall have taken place in either of the abovementioned cases, you, or the Officer appointed to bring in the detained vessel, as the case may be, will make a declaration thereof, in which the reasons for the same are to be specified; and this declaration is to be entered at the time on the log-book of the detained vessel. If the Slaves have been so removed they must be immediately conducted to one of the four ports already named for that purpose. If the Master, Officers, sailors, or passengers, have been so removed, they must be conducted immediately to the same port as the vessel and cargo. AT THE PORT Annex, Art. I. As soon as the Officer in charge of the seized vessel shall have PROCEEDINGS brought her to a Venezuelan port, he is to apply to the principal functionary of the Venezuelan Government to indicate the Authorities duly appointed to receive possession of the vessel; and upon such information reaching him, he will lose no time in delivering over to such Authorities the vessel and her cargo, together with all the persons found on board her, excepting the Slaves who have been previously landed according to Treaty. He is at the same time to deliver to the appointed Authorities, in order to be produced before the Court, on trial,— First. Duplicate of certificate delivered to the Master at Annex, time of seizure, according to Form No. 4. Art. III. Form No. 4. Secondly. Authenticated declaration, drawn up also at the Annex, time of seizure, according to Form No. 5. Art. III. 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 papers and documents: Form No. 6 is to be used for this purpose, unless Form No. 6. there should be a different Form prescribed by the Court. Fourthly. Another affidavit, in which are to be stated any Annex, changes which may have taken place in respect to the vessel, her Art. III. 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 is to be used for this purpose, unless there should be a Form No. 7. different Form prescribed by the Court. The Officer in charge of the vessel will reserve, to be produced on demand of the Court, the copy of the Special Order to carry the Treaty into effect. On the delivery of the vessel to the proper Authorities, the Officer in charge will request them to cause a survey to be made of the vessel and her cargo and equipments, and to draw up a statement thereof in duplicate, and to give him one original thereof. The Officer in charge will render every assistance in his power to the Venezuelan Authorities for the complete and effectual investigation of the case. The rights conferred by the Treaty must in every case, and in Annex, all stages, be exercised in the mildest manner, and with every Art. II. attention which ought to be observed between friendly and allied nations; and you will bear in mind the responsibility of Great Treaty; Britain to see that any losses which Venezuelan citizens may Art. XI. suffer by the arbitrary or illegal detention of their vessels shall be made good. You will mark that, in case Her Majesty's Officers shall deviate from the Treaty and the Instructions annexed thereto, Her Majesty's Government, upon complaint, has bound itself to cause Treaty: enquiry to be made, and to inflict on the offending Officer a punish- Art. IX. ment proportionate to any wilful transgression which he may have committed. Venezuelan ships of war duly authorized under the Treaty, have the same right of search and detention, with respect to British vessels suspected of being engaged in the Slave Trade, as may be exercised by Her Majesty's ships so authorized with respect to Venezuelan merchant-vessels. Given under our hands, this 12th day of June, 1844. G. COCKBURN. W. H. GAGE. By command of their Lordships, SIDNEY HERBERT. Ratifications exchanged May 16, 1840. [Forms 4, 5, 6, 7, apply to this Treaty.] 14.-ARGENTINE CONFEDERATION. Instructions for Commanders of Her Majesty's Ships authorized By the Commissioners for executing the Office of Lord High THE Treaty of the 24th of May, 1839, between Great Britain and the Argentine Confederation, has three Annexes, marked A, Treaty; Art. B, and C, which by the terms of the Treaty are declared to form an integral part thereof. XII. AUTHORITY TO ACT UNDER THE TREATY. Annex A contains Instructions for the ships of the British and Argentine Navies employed to prevent the illicit Traffic in Slaves. Annex B contains Regulations for the Mixed Courts of Justice to be established under the Treaty. Annex C contains Regulations for the treatment of liberated Negroes, to which it is not necessary for Naval Officers to refer. There are also three Additional Articles to this Treaty, dated the same day with the Treaty itself. Your conduct in suppressing Slave Trade carried on in Argentine vessels, must be governed and regulated by the Treaty and its Annexes; 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 search Argentine vessels under this Treaty, unless duly provided with the Instructions contained in Annex A, and with Special Treaty: Art. 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; Art, Treaty, any Argentine vessel which, upon reasonable grounds, may be suspected of being engaged in the Slave Trade. III. Art. I. 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 Treaty; Art. respect to merchant-vessels. III. Thirdly. If you should suspect that an Argentine merchant- Treaty; Art. vessel under convoy of an Argentine ship of war, is engaged in IV. the Slave Trade, you are to communicate such suspicions to the Commander of the convoy, and offer to accompany him on the search to be made. The Commander of the convoy, accompanied by you, is to proceed to search the suspected vessel; and if the suspicion appear well founded, the vessel is to be taken by the Commander of the convoy to one of the Mixed Courts of Justice established under the Treaty. Should the Commander of the convoy omit to fulfil the conditions of the Treaty, you have no authority to take any further steps. In the case of a British vessel under your convoy being suspected of Slave Trade by a Commander of an Argentine ship of war, you will, on the Commander of the Argentine ship of war communicating to you his suspicions, invite the Argentine Officer to accompany you in the search; and if the suspicions appear to be well founded, you will, if duly authorized under the Treaty, conduct or send the vessel to one of the ports Treaty; Art. where the Mixed Courts of Justice are stationed under the Treaty, in order that the case may be tried by the authorized tribunal*. In case an application, such as is above described, should be made to you, you will take care that the search and enquiry which is instituted, shall be strict and satisfactory; and you will treat the Argentine Commander with every courtesy and respect throughout the whole proceeding. A full report of the circumstances relating to any British or Argentine 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. VI. It will be your duty when duly authorized under this Treaty, DETENTION, to seize any Argentine vessel, whenever it shall appear, If the Commander of the convoy be not duly authorized under this Treaty, he is to regulate his conduct with respect to the case, by the Instructions as to British vessels suspected of Slave Trade. Treaty; Art. ΙΠ. Treaty; Art. Treaty; Art. VIIL Annex A, Article III. First. That Slaves are on board contrary to Treaty. Secondly. That the vessel is, or has during the voyage, been engaged in the Slave Trade. Thirdly. That the vessel has on board any of the fittings or equipments mentioned in Article VIII of the Treaty, excepting in the particular cases wherein it is provided to the contrary by Sections 6 and 9 of the said Article. If 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 cause a list thereof to be made Form No. 4. out 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 certified lists. You will also, at the time of seizure, draw up in writing a Form No. 5. declaration, according to Form No. 5; and this declaration is to be signed by yourself, and 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 ADJUDI CATION. In the event of your seizing an Argentine vessel, you must, TO THE PORT without delay, either carry or send her in for trial before that one of the Mixed Courts of Justice to be established in virtue of the Treaty, which shall be nearest the place of detention, or which can be soonest 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, Annex A, PROCEEDINGS AT THE PORT There are two Mixed Courts of Justice to be established in pursuance of the Treaty, one in the dominions of Her Britannic Majesty, the other within the territory of the Argentine Republic. The only Mixed Court of Justice at present established is at Sierra Leone; therefore all vessels detained under the Treaty at present are to be taken thither. You are to leave on board the seized vessel the Master, the Mate, or Boatswain, and at least two or three of the crew, and the whole of the Slaves, if any, and all the cargo; and the Slaves are not to be disembarked till after the vessel which contains them shall have arrived at the place of adjudication, unless urgent reasons, arising from the length of the voyage, from the state of health of the Slaves, or from other causes, should require that the whole or a portion of the Slaves should be disembarked or be transshipped before the vessel can arrive at one of the places at which the said Courts are established; and in this case you may take upon yourself the responsibility of disembarking or transshipping the Slaves, provided that such necessity and the causes thereof be stated in a certificate in proper form; and this certificate is to be entered at the time on the log-book of the detained vessel. As soon as the Officer in charge of the seized vessel shall have brought her to the place where the Mixed Court of Justice is sitting, he is to deliver to the Court, |