den and cautiously avoided, the same being regarded as a violation of Territory; and whoever shall be guilty of this offence shall be forthwith apprehended, if he be detected in the act, and be delivered up to his own Government, in order that he may receive the legal punish ment. XXI. If, however, a Subordinate Authority should be despatched into the Territory of the other Party by the Commander-General, who has pursued one or more Deserters as far as the Frontiers, in order to give information of the desertion to the Magistrates of the nearest Place, such a proceeding shall not be regarded in the light of a violation of Territory. But the Magistrates shall proceed, forthwith, to arrest the Deserter, if he be within their jurisdiction,—and in this case, as also in all others generally, when a Deserter is apprehended by the Magistrates, no Cartel-Money shall be paid. The Subordinate Authority shall not, however, on any account, himself apprehend the Deserter, otherwise he shall be proceeded against, according to Article XX. XXII. Every forcible or clandestine enlistment in the Territory of the other Party, and every temptation held out to Soldiers of the other Party, to induce them to desert, or to other Subjects of that Party, to induce them to decamp, and thereby avoid the Military Duty to which they are liable, shall be strictly forbidden. Whoever shall be apprehended in consequence of any such proceeding, shall be subject to the punishment awarded by the Laws of that State, in which he has been found guilty of such an offence. And whoever shall avoid this punishment by flight, or shall endeavour to operate in the above manuer, from his own Country, upon Subjects of the other Country, shall, upon a requisition being made to that effect, be subjected to an inquiry, and visited with special punishment, in his own Country. XXIII. Those Individuals who may have deserted, before the publication of the present Convention, from the Troops of one of the High Contracting Sovereigns, and have either taken Military Service in the Army of the other Sovereign, or have resided in his Territories, without having again adopted such Service, shall not be liable to reclamation and to be delivered up. XXIV. Those Natives of the Countries belonging to either Party, who may be actually in the Military Service of the other Sovereign, at the time of the publication of the present Convention, shall be free to choose, either to return to the place of their birth, or to remain in the Service in which they may have engaged. They must, however, at the latest within one year from the date of the publication of the present Convention, distinctly declare their determination upon these points, and a Discharge will be granted without hesitation to those who are desirous of returning to their own homes. In the case of those who voluntarily capitulate, these stipulations shall take effect, only after the expiration of the Capitulation. XXV. The present Convention, the Ratifications of which shall be exchanged within 3 weeks, shall be published by the High Contracting Parties, respectively, at the same time, in order that it may be most scrupulously observed and enforced, and it shall be valid and effective for 6 years, with a tacit prolongation, until the period when a declaration for its discontinuance may be given, which declaration, moreover, each of the High Contracting Parties shall, at any subsequent time, be at liberty to give, one year previously thereto. Done and subscribed at Dresden, on the 18th of April, 1817. (L.S) BARON VON OELSSEN. DETTLEV COUNT VON EINSIEDEL. We have approved and ratified the above Convention, after having previously examined its contents, as we do by the present Instrument approve and ratify it; and, at the same time, We do, for ourselves, and our Successors, pledge our Royal word to fulfil and maintain it entire, and not to allow any violation thereof. In testimony of which we have subscribed with our own hand, the present Declaration of Ratification, and caused it to be sealed with our Royal Seal. Given at Berlin, on the 3rd of May, 1817. (L.S.) PRINCE VON HARDENBERG. FREDERICK WILLIAM. BRITISH ORDER IN COUNCIL, relative to the Disposal of, and the Payment and Distribution of Bounties for, Captured Slaves.-11th July, 1817. At the Court at Carlton House, the 11th day of July, 1817. PRESENT, HIS ROYAL HIGHNESS THE PRINCE REGENT IN COUNCIL. WHEREAS, by an Act made in the 47th Year of His Majesty's Reign, intituled "An Act for the Abolition of the Slave-trade," it is among other things enacted, that all Slaves, and all Natives of Africa, treated, dealt with, carried, kept, or detained as Slaves, which shall be seized or taken as Prize of War, or liable to forfeiture under that or any other Act of Parliament made for restraining or prohibiting the African Slave-trade, shall and may, for the purposes only of seizure, * See Vol. 1817-18. Page 559. prosecution, and condemnation, as prize or as forfeitures, be considered, treated, taken, and adjudged as Slaves and Property, in the same manner as Negro Slaves have been heretofore considered, treated, taken, and adjudged, when seized as Prize of War, or as forfeited for any offence against the Laws of Trade and Navigation respectively; but the same shall be condemned as Prize of War, or as forfeited to the sole use of His Majesty, His Heirs and Successors, for the purpose only of divesting and barring all other property, right, title or interest whatever, which before existed, or might afterwards be set up or claimed, in or to such Slaves or Natives of Africa so seized, prosecuted, and condemned; and the same, nevertheless, shall in no case be liable to be sold, disposed of, treated, and dealt with as Slaves by or on the part of His Majesty, His Heirs or Successors, or by or on the part of any Person or Persons claiming or to claim from, by, or under His Majesty, His Heirs and Successors, or under or by force of any such Sentence of Condemnation: Provided always, that it shall be lawful for His Majesty, His Heirs and Successors, and such Officers, Civil or Military, as shall by any General or Special Order of the King in Council be from time to time appointed and empowered to receive, protect, and provide for such Natives of Africa as shall be so condemned, either to enter and enlist the same, or any of them, into His Majesty's Land or Sea Service as Soldiers, Seamen, or Marines, or to bind the same, or any of them, whether of full age or not, as Apprentices, for any term not exceeding 14 years, to such Person or Persons, in such Place or Places, and upon such terms and conditions, and subject to such Regulations, as to His Majesty shall seem meet, and as shall by any General or Special Order of His Majesty in Council be in that behalf directed and appointed; and any Indenture of Apprenticeship duly made and executed by any Person or Persons to be for that purpose appointed by any such Order in Council, for any term not exceeding 14 years, shall be of the same force and effect as if the Party thereby bound as an Apprentice had himself or herself, when of full age, upon good consideration, duly executed the same; and every such Native of Africa who shall be so enlisted or entered as aforesaid into any of His Majesty's Land or Sea Forces as a Soldier, Seamau, or Marine, shall be considered, treated, and dealt with in all respects as if he had voluntarily so enlisted or entered himself. Provided also, and it is thereby further enacted, that where any Slaves or Natives of Africa, taken as Prize of War by any of His Majesty's Ships of War or Privateers duly commissioned, shall be finally condemned as such to His Majesty's use as aforesaid, there shall be paid to the Captors thereof by the Treasurer of His Majesty's Navy, in like manner as the Bounty called Head Money is now paid, by virtue of an Act of Parliament, made in the 45th year of His Majesty s Reign, intituled "An Act for the Encouragement of Seamen, and for the better and more effectually manning His Majesty's Navy, during the present War," such Bounty as His Majesty, His Heirs and Successors, shall have directed by any Order in Council, so as the same shall not exceed the Sum of £40 lawful money of Great Britain for every Man, or £30 of like money for every Woman, or £10 of like money for every Child or Person not above 14 years old, that shall be so taken and condemned, and shall be delivered over in good health to the proper Officer or Officers, Civil or Military, so appointed as aforesaid to receive, protect, and provide for the same; which Bounties shall be divided amongst the Officers, Seamen, Marines, and Soldiers on board His Majesty's Ships of War, or hired Armed Ships, in manner, form, and proportion as by His Majesty's Proclamation for granting the distribution of Prizes already issued or to be issued for that purpose, is or shall be directed and appointed, and amongst the Owners, Officers, and Seamen of any private Ship or Vessel of War, in such manner and proportion as by any Agreement in writing that they shall have entered into for that purpose shall be directed. And it is in and by the said Act further enacted, that on the condemnation to the use of His Majesty, His Heirs and Successors, in manner aforesaid, of any Slaves or Natives of Africa, seized and prosecuted as forfeited for any offence against that Act, or any other Act of Parliament made for restraining or prohibiting the African Slavetrade, except in the case of seizures made at Sea by the Commanders or Officers of His Majesty's Ships or Vessels of War, there shall be paid to and to the use of the Person who shall have sued, informed, and prosecuted the same to condemnation, the sums of £13 lawful money aforesaid for every Man, of £10 like money for every Woman, and of £3 like money for every Child or Person under the age of 14 years, that shall be so condemned and delivered over in good health to the said Civil or Military Officer so to be appointed to receive, protect, and provide for the same, and also the like sums to and to the use of the Governor or Commander-in-Chief of any Colony or Plantation wherein such Seizure shall have been made; but in cases of any such Seizures made at Sea by the Commanders or Officers of His Majesty's Ships or Vessels of War for forfeiture under that Act, or any other Act of Parliament made for restraining or prohibiting the African Slave Trade, there shall be paid to the Commander or Officer who shall so seize inform, and prosecute, for every Man so condemned and delivered over, the sum of £20 like money, for every Woman the sum of £15 like money, and for every Child or Person under the age of 14 years the sum of £5 like money, subject nevertheless to such distribution of the said bounties or rewards for the said Seizures made at Sea as His Majesty, His Heirs [1816-17.] 3 I and Successors, shall think fit to order and direct by any Order in Council made for that purpose; for all which payments so to be made as Bounties or rewards upon seizures and prosecutions for offences against this Act, or any other Act of Parliament made for restraining or abolishing the African Slave trade, the Officer or Officers, Civil or Military, so to be appointed as aforesaid to receive, protect, and provide for such Slaves or Natives of Africa so to be condeinned and delivered over, shall, after the condemnation and receipt thereof as aforesaid, grant Certificates in favour of the Governor and Party seizing, informing, and prosecuting as aforesaid respectively, or the latter alone, (as the case may be,) addressed to the Lords Commissioners of His Majesty's Treasury, who, upon the production to them of any such Certificate, and of an authentic Copy duly certified of the Sentence of Condemnation of the said Slaves or Africans to His Majesty's use as aforesaid, and also of a Receipt under the hand of such Officer or Officers so appointed as aforesaid, specifying that such Slaves or Africans have by him or them been received in good health as aforesaid, shall direct payment to be made from and out of the Consolidated Fund of Great Britain, of the amount of the monies specified in such Certificate, to the lawful Holders of the same, or the Persons entitled to the benefit thereof respectively. And whereas, by another Act of Parliament passed in the 55th year of His Majesty's Reign, intituled "An Act to provide for the support of captured Slaves during the period of adjudication," it is further enacted, "That the provision in the said Act passed in the 47th year of His present Majesty's Reign, for the disposal of Slaves condemned to His Majesty's use, and for the payment of Bounty thereon in cases of capture by Ships of War or Privateers, shall be applied to all cases of Slaves captured or seized and condemned as Prize of War, during the last War, or that may hereafter be captured, seized, or condemned (as aforesaid), or otherwise forfeited, or liable to forfeiture to His Majesty, or subject to condemnation by any Law whatsoever." And whereas His Majesty was pleased, by Order in Council bearing date the 16th day of March, 1808, to make provisions for the due execution of the said first-recited Act, and, amongst other things, for the Bounties to be paid for such Slaves, and the distribution thereof: And whereas it is expedient that such Bounties should be altered so far as may relate to future Captures: His Royal Highness the Prince Regent, in the name and on behalf of His Majesty, is pleased, by and with the advice of His Majesty's Privy Council, to order, and it is hereby ordered, that the aforesaid Order in Council shall henceforth be revoked and annulled, saving only so far as it may be applicable to * See Vol. 1817-18. Page 578. |
