First. Duplicate of certificate delivered to the Master at the time of seizure, according to Form No. 4. Form No. 4. Secondly. The authenticated declaration, drawn up also at Annex A, the 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 same: Form No. 6 is to be used for this purpose, unless there should be a Form No. 6, different Form prescribed by the Court. Fourthly. Another 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 is to be used for this purpose, unless there should be a different Form No. 7. 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 act under the Treaty. 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 upon application to the Registrar. The Slaves are not to be landed without the permission of Annex A, the Mixed Court of Justice. Art. IV. The rights conferred by the Treaty must, in every case and in all stages, be exercised in the mildest manner, and with every attention which ought to be observed between allied and friendly nations; and you will bear in mind the responsibility of Great Treaty; Art. Britain to see that any losses which Argentine citizens suffer may by the arbitrary or illegal detention of their vessels shall be made good. V. You will mark that, in case any of Her Majesty's Officers deviate in any respect from the stipulations of the Treaty, or the Instructions annexed to it, Her Majesty Government, upon complaint, is bound to cause enquiry to be made, and to inflict upon Treaty; Art. the offending Officer a punishment proportionate to any wilful VII. transgression he may have committed. Argentine 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 Argentine merchant-vessels. Given under our hands, this 12th day of June, 1844. By command of their Lordships, G. COCKBURN. W. H. GAGE. SIDNEY HERBERT. Ratifications exchanged Jan. 21, 1842. [Forms 4, 5, 6, 7, apply to this Treaty.] 15. URUGUAY. Instructions for Commanders of Her Majesty's Ships authorized to By the Commissioners for executing the Office of Lord High THE Treaty of the 13th July, 1839, between Great Britain and the Oriental Republic of the Uruguay, has three Annexes, Treaty; Art. marked A, B, and C, which, by the terms of the Treaty, are declared to form an integral part thereof. XIII. AUTHORITY TO ACT UNDER THE TREATY, IV. Annex A contains Instructions for the ships of the British and Monte-Videan Navies employed to prevent the 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 the Slave Trade carried on in Monte-Videan 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 Monte-Videan vessels under this Treaty, unless duly provided with the Instructions contained in Annex A, and with Treaty; Art. 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 Monte-Videan merchant-vessel which, upon reasonable grounds, may be suspected of being engaged in the Slave Trade. And for the purposes of this Treaty, every vessel subject to such suspicions, and showing the Monte-Videan Flag, shall be considered as a Monte-Videan vessel. Treaty; Art. IV. Annex A, Art. I. Annex A, Art. I. VISIT AND The authority to visit and search must be exercised under the SEARCH. following restrictions and regulations: 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 respect to merchant-vessels. V, Rule 3. Thirdly. If you should suspect that a Monte-Videan mer- Treaty; Art. chant-vessel under convoy of a Monte-Videan ship of war is engaged in Slave Trade, 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 atmost of his power in the execution of the Treaty. In the event of your commanding a convoy you are in like manner to permit a Monte-Videan 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 are to give every facility to the visit and to the eventual detention of the vessel by the Monte- Videan Commander, if required. A full report of the circumstances relating to any British or Monte-Videan 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 Monte-Videan vessel, whenever it shall appear,First. That Slaves are on board contrary to Treaty. Secondly. That the vessel is, or has during the voyage, been engaged in Slave Trade. Annex A, Thirdly. That the vessel has on board any of the fittings or equipments mentioned in Article IX of the Treaty, excepting in Treaty; Art. the particular cases wherein it is provided to the contrary by IX. Sections 6 and 9 of the said Article. If you should determine to seize the vessel, you are forthwith Annex A, to take possession of the ship's papers and of all other documents Art. III. and letters found on board, and to cause a list to be made out thereof in duplicate, according to Form No. 4, verifying the same Form No. 4. 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 declaration, according to Form No. 5; and this declaration is to Form No. 5. 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. OF ADJUDI In the event of your seizing a Monte-Videan vessel, you CONDUCTING must, without delay, either carry or send her in for trial before TO THE PONT that one of the Mixed Courts of Justice established in virtue of CATION. the Treaty, which shall be nearest to the place of detention, or which can be soonest reached from such place; and the Officer Annex A, Art. I. Annex A, and IV. in charge must be provided with a copy, certified by you, of the Special Order authorizing you to carry the Treaty into effect. There are two Mixed Courts of Justice to be established inpursuance of the Treaty, one in the dominions of Her Britannic Majesty, the other within the territory of the Republic of the Uruguay. 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 Articles III 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 are to declare the necessity of the disembarkation. and the causes thereof; and this certificate is to be entered at the time on the log of the seized vessel. PROCEEDINGS As soon as the Officer in charge of the seized vessel shall AT THE PORT have brought her to the place where the Mixed Court of Justice is sitting, he is to deliver to the Court, OF ADJUDI CATION. Form No. 4. Form No. 5. First. Duplicate of certificate delivered to the Master at the time of seizure, according to Form No. 4. Secondly. The authenticated declaration drawn up also at the time of detention, 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 Form No. 6. No. 6 is to be used for this purpose, unless there should be a different Form prescribed by the Court. Annex A, Fourthly. Another affidavit, in which are to be stated any changes which may have taken place in respect to the vessel, the Slaves, if any, and her cargo, between the period of her detenForm No. 7. tion and the time of delivering in such papers: Form No. 7 is to be used for this purpose, unless there should be a different Form prescribed by the Court. Annex A, 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 upon application to the Registrar. The Slaves are not to be landed without the permission of the Court of Justice. The rights conferred by the Treaty must in every case, and in all stages, be exercised in the mildest manner, and with every attention which ought to be observed between allied and friendly nations; and you will bear in mind the responsibility of Treaty; Art. Great Britain to see that any losses which Monte-Videan citizens may suffer by the arbitrary or illegal detention of their vessels shall be made good. IV. You will mark that, in case Her Majesty's Officers deviate in any respect from the stipulations of the Treaty, or the Instruc-tions annexed to it, Her Majesty's Government, upon complaint, is bound to cause enquiry to be made, and to inflict upon the Treaty; Art. offending Officer a punishment proportionate to any wilful VIII. transgression he may have committed. Monte-Videan 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 Monte-Videan merchant-vessels. J Given under our hands, this 12th day of June, 1844. By command of their Lordships, SIDNEY HERBERT. G. COCKBURN. W. H. GAGE. [Forms No. 4, 5, 6, 7, apply to this Treaty.] 16.-BOLIVIA. Instructions for Commanders of Her Majesty's Ships authorized to By the Commissioners for executing the Office of Lord High THE Treaty of the 25th September, 1840, between Great Ratifications Britain and Bolivia, has three Annexes, marked, A, B, and C, exchanged which, by the terms of the Treaty, are declared to form an inte- July 13, 1841. gral part thereof. Annex A contains Instructions for the ships of the British and Bolivian Navies employed to prevent the 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 the Treaty, dated the same day with the Treaty itself, and relating to the Courts of Justice to be appointed under it. Your conduct in suppressing Slave Trade carried on in Bolivian vessels, must be governed and regulated by the Treaty, the Annexes, and the Additional Articles; and the following Instructions are framed in conformity with these documents, for Art. XIII. |