• TABLE OF CONTENTS
HIDE
 Title Page
 Table of Contents
 Argentine confederation
 Bolivia
 Borneo
 Brazil
 Chile
 Colombia
 Costa Rica
 Dominica
 Equator
 Hayti
 Liberia
 Mexico
 New Granada (Colombia)
 Uruguay
 Venezuela














Title: Instructions for the guidance of the captains and commanding officers of Her Majesty's ships of war employed in the suppression of the slave trade
CITATION THUMBNAILS PAGE IMAGE ZOOMABLE
Full Citation
STANDARD VIEW MARC VIEW
Permanent Link: http://ufdc.ufl.edu/UF00076621/00002
 Material Information
Title: Instructions for the guidance of the captains and commanding officers of Her Majesty's ships of war employed in the suppression of the slave trade
Physical Description: 2 v. : ;
Language: English
Creator: Great Britain -- Admiralty
Publisher: Printed for Her Majesty's Stationery Office by Harrison
Place of Publication: London
Publication Date: 1892
 Subjects
Subject: Slave trade   ( lcsh )
Genre: non-fiction   ( marcgt )
 Record Information
Bibliographic ID: UF00076621
Volume ID: VID00002
Source Institution: University of Florida
Rights Management: All rights reserved by the source institution and holding location.
Resource Identifier: aleph - 002663833
oclc - 17932251
notis - AND0989

Table of Contents
    Title Page
        Title Page 1
        Title Page 2
    Table of Contents
        Table of Contents
    Argentine confederation
        Page 1
        Page 2
        Page 3
        Page 4
        Page 5
        Page 6
        Page 7
        Page 8
        Page 9
        Page 10
        Page 11
        Page 12
        Page 13
        Page 14
        Page 15
        Page 16
        Page 17
        Page 18
        Page 19
        Page 20
        Page 21
        Page 22
        Page 23
        Page 24
    Bolivia
        Page 25
        Page 26
        Page 27
        Page 28
        Page 29
        Page 30
        Page 31
        Page 32
        Page 33
        Page 34
        Page 35
        Page 36
        Page 37
        Page 38
        Page 39
        Page 40
        Page 41
        Page 42
        Page 43
        Page 44
        Page 45
        Page 46
        Page 47
        Page 48
    Borneo
        Page 49
        Page 50
        Page 51
    Brazil
        Page 52
        Page 53
        Page 54
    Chile
        Page 55
        Page 56
        Page 57
        Page 58
        Page 59
        Page 60
        Page 61
        Page 62
        Page 63
        Page 64
        Page 65
        Page 66
        Page 67
        Page 68
        Page 69
        Page 70
        Page 71
        Page 72
        Page 73
        Page 74
        Page 75
        Page 76
        Page 77
        Page 78
        Page 79
        Page 80
        Page 81
    Colombia
        Page 82
    Costa Rica
        Page 83
    Dominica
        Page 84
        Page 85
    Equator
        Page 86
        Page 87
        Page 88
        Page 89
        Page 90
        Page 91
        Page 92
        Page 93
        Page 94
        Page 95
        Page 96
        Page 97
        Page 98
        Page 99
        Page 100
        Page 101
        Page 102
        Page 103
        Page 104
        Page 105
        Page 106
        Page 107
        Page 108
        Page 109
        Page 110
        Page 111
        Page 112
    Hayti
        Page 113
        Page 114
        Page 115
        Page 116
        Page 117
        Page 118
        Page 119
    Liberia
        Page 120
        Page 121
        Page 122
    Mexico
        Page 123
        Page 124
        Page 125
        Page 126
        Page 127
        Page 128
        Page 129
        Page 130
        Page 131
        Page 132
        Page 133
        Page 134
        Page 135
        Page 136
        Page 137
        Page 138
        Page 139
        Page 140
        Page 141
        Page 142
    New Granada (Colombia)
        Page 143
        Page 144
        Page 145
        Page 146
        Page 147
        Page 148
        Page 149
        Page 150
        Page 151
        Page 152
        Page 153
        Page 154
        Page 155
    Uruguay
        Page 156
        Page 157
        Page 158
        Page 159
        Page 160
        Page 161
        Page 162
        Page 163
        Page 164
        Page 165
        Page 166
        Page 167
        Page 168
        Page 169
        Page 170
        Page 171
        Page 172
        Page 173
        Page 174
        Page 175
        Page 176
        Page 177
        Page 178
        Page 179
        Page 180
        Page 181
        Page 182
        Page 183
        Page 184
        Page 185
        Page 186
        Page 187
        Page 188
        Page 189
        Page 190
        Page 191
    Venezuela
        Page 192
        Page 193
        Page 194
        Page 195
        Page 196
        Page 197
        Page 198
        Page 199
        Page 200
        Page 201
        Page 202
        Page 203
        Page 204
        Page 205
Full Text




INSTRUCTIONS

FOR THE GUIDANCE

OF THE


CAPTAINS


AND COMMANDING


OFFICERS


OF HER MAJESTY'S SHIPS OF WAR

EMPLOYED IN


THE SUPPRESSION OF THE SLAVE

TRADE.


VOL. II.


LONDON:
PRINTED FOR HEI MAJESTY'S STATIONERY OFFICE,
BY HARRISON AND SONS, ST. MARTIN'S LANE.
PRINTERS IN ORDINARY TO HER MAJESTY,
1892.



































(Wt. 5702 500 6 ) 92-H & S 6047.)




















CONTENTS.



Treaties with States, other than those whose institutions admit of
domestic Slavery, who are not parties to the Brussels Act, and Special
Instructions in regard thereto.



PAGE
Argentine Confederation .. .... .. 1
Bolivia .. .. .. .. .. .... 25
Borneo .. .. .... .... 49
Brazil .. .. .. 52
Chile .. ... .. .. 55
Colombia .. .. .. .. .. .. .. 82
Costa Rica .. .. .. .. ... 83
Dominica .... .. .. 84
Equator .. .. .. .. .. .. 86
Hayti .. .. .. ... .. 113
Liberia .... .. .. 120
Mexico .. .. .. .. 123
New Granada .. .. .. 143
Uruguay .. .. .. .. 156
Venezuela .. .. .. .. .. .. .. 192















TREATIES WITH FOREIGN POWERS AND SPECIAL
INSTRUCTIONS IN REGARD THERETO.



ARGENTINE CONFEDERATION.


The Treaty Engagements in force between Great
Britain and the Argentine Confederation for the Sup--
pression of the Slave Trade, to which your attention is:
particularly directed, are :-
The Treaty, dated the 24th of May, 1839, and the.
Annexes A., B., and C. thereto;
The Additional Articles thereto of the same date.
The Treaty does not prescribe any limits within-
which you are authorised to exercise the powers of
Visit, Search, and Detention over Argentine Vessels.
If you have reason to suspect that a Vessel sailing Tea'
under the Escort or Convoy of an Argentine Cruizer is.
engaged in or equipped for the Slave Trade, you will
communicate your suspicions to the Commander of the
Convoy, and offer to accompany him in a Visit to the-
suspected Vessel. If your suspicions prove to be well
founded, the right to take further proceedings with!
respect to the Vessel will rest with the Commander-
of the Convoy; but, should he decline to exercise-
the right, you will, on obtaining his consent, but not
otherwise, detain her, provided that the Vessel is, by
reason of her Nationality, subject to your Authority.
In like manner, if a Commander of an Argentine-
Ship, duly authorised under the Treaty, communicates;
to you his suspicions that a Vessel under your Convoy
is engaged in or equipped for the Slave Trade, young
will invite him to accompany you on a visit to the-
(VOL. I.) B






ARGENTINE CONFEDERATION.


suspected Vessel; and you will take care that the
Visit is conducted in a strict and satisfactory manner.
In the event of the suspicions proving well ibunded,
you will detain the Vessel, provided that, by reason of
her Nationality, she is subject to your Authority. You
will by the first opportunity send a full Report of the
Case, together with your own remarks thereon, to
the Senior Officer of your Division, and a Duplicate
thereof to the Secretary of the Admiralty.
Annex A. The Visit and Search of an Argentine Vessel shall
-r. nI. not be made by an Officer of a Rank lower than that of
Lieutenant, unless he is at the time second in command
of the Ship.
jAnex A. The Authority for the Visit and Search of an Argentine
-A-t L Vessel is the Copy of Annex A. to the Treaty which
you will find at page 10.
Annex A. Copies of the Certificates, Nos. 3 and 4* respectively,
-At.L LL required to be made on the detention of a Vessel, shall
be delivered to the Master.
-Traty. The proper Port of Adjudication for an Argentine
Art. vI. Vessel is Sierra Leone, that being at present the only
Port at which there is a Mixed Court of Justice esta-
blished in pursuance of the Treaty.
Annex A. A copy of the Certificate No. 9,* required to be made
Art, IV. on the removal of any Person or Article from the
Detained Vessel, shall be inserted on her Log Book.
Annex A. The slaves shall not be landed at the Port of Adjudi-
-A. IV., cation ,until permission has been obtained from the
Mixed Court of Justice.


* &e. Appendix to General Instrutions, Vol. I, page 21.











ARGENTINE CONFEDERATION.


TREATY* between HER MAJESTY and the ARGENTINE
CONFEDERATION for the Abolition of the Slave Trade.
Signed at Buenos Ayres, May 24, 1839.
Treaty between Great Britain and the Argentine Con-
federation for the Abolition of the Traffic in Slaves.
Her Majesty the Queen of the United Kingdom of
Great Britain and Ireland, and the Argentine Confedera-
tion, being equally animated by a sincere desire to
co-operate for the utter extinction of the infamous and
piratical traffic in slaves, have resolved to conclude a
Treaty for the special purpose of attaining this object,
so far as relates to the total and final abolition of the
slave trade in the Argentine Confederation; and have
respectively named for this purpose, as their plenipoten-
tiaries, to wit, John Henry Mandeville, Esq., Her said
Majesty's Minister Plenipotentiary to the United Pro-
vinces of the Rio de la Plata, and Sefor Don Felipe de
Arana, Minister for Foreign Affairs and Member of the
Council; who, having duly communicated to each other
their respective full powers, and found them to be in
proper form, have agreed upon and concluded the fol-
lowing Articles :-

ARTICLE I.
The slave trade having been legally abolished through-
out the territories of the Argentine Confederation, is
hereby declared to be henceforward and for ever totally
prohibited to all the citizens of the said republic, in all
parts of the world.

ARTICLE II.
The Argentine Confederation hereby engage, that
immediately after the exchange of the ratifications of
the present Treaty, and from time to time afterwards,
as may become needful, they will take the most effectual


Confirmed by Act of Parliament, 5 & 6 Vict. c. 40.
(VOL. II.) B







ARGENTINE CONFEDERATION.


measures for preventing the citizens of the said republic
from being concerned, and the flag of that republic from
being used, in carrying on in any way the trade in
slaves; and the said republic especially engages that,
within two months after the above-mentioned exchange
of ratifications, they will renew the promulgation,
throughout the territory of the republic, of the penal
law by which the slave trade has been declared piracy;
and that the punishment attached to piracy shall be
inflicted on all those citizens who shall, under any
pretext whatever, take any part whatever in the traffic
of slaves.

ARTICLE III.
In order more completely to accomplish the object of
the present Treaty, the two High Contracting Parties
mutually consent that those ships of their navies re-
spectively which shall be provided with special instruc-
tions for that purpose, as herein-after mentioned, may
visit such merchant vessels of the two nations as may,
upon reasonable grounds, he suspected of being engaged
in the traffic in slaves, or of having been fitted out for
the purposes thereof, or of having, during the voyage
in which they are met with by the said cruisers, been
engaged in the traffic in slaves, contrary to the provi-
sions of this treaty, and that such cruizers may detain,
ard send or carry away, such vessels, in order that they
may be brought to trial in the manner herein-after agreed
upon.
ARTICLE IV.
In order to regulate the mode of carrying the pro-
visions of the preceding article into execution, it is
agreed: First, that all ships of the navies of the two
nations, which shall hereafter be employed to prevent
the traffic in slaves, shall be furnished by their respective
Governments with a copy, in the English and Spanish
languages, of the present treaty; of the instructions for
cruisers annexed thereto, letter A. ; and of the regula-
tions for the Mixed Courts of Justice, annexed thereto,
letter B. ; which annexes shall be considered as integral
parts of the Treaty.
Secondly.-That each of the High Contracting Parties
shall, from time to time, communicate to the other the







ARGENTINE CONFEDERATION.


names of the several ships which have been furnished
with such instructions, the force of each ship, and the
names of their several commanders..
Tzirdly.-That if, at any time, there shall be just
cause to suspect that any merchant vessel, sailing under
the flag of either nation, and proceeding under the
convoy of any ship or ships of war of either of the
Contracting Parties, is engaged, or is intended to be
engaged, in the traffic in slaves, or is fitted out for the
purposes thereof, or has, during the voyage on which
she may be met with, been engaged in the traffic in
slaves, it shall be lawful for the commander of any
ship of the Royal Navy of Great Britain, or of the navy
cf the Argentine Confederation, furnished with such
instructions as aforesaid, to communicate his suspicions
to the commander of the convoy, who, accompanied by
the commander of the cruizer, shall proceed to the
search of the suspected vessel; and in case the sus-
picions appear well founded, according to the tenor of
this Treaty, then the said vessel shall be conducted or
sent to one of the points where the Mixed Courts of
Justice are stationed, in order to undergo the sentence
applicable to the case.
Fourthly.-It is further mutually agreed, that the
commanders of the ships of the two navies respectively,
who shall be employed on this service, shall adhere
strictly to the exact tenor of the aforesaid instructions.

ARTICLE V.
As the two preceding articles are entirely reciprocal,
the two High Contracting Parties engage mutually to
make good any losses which their respective subjects or
citizens may incur by the. arbitrary and illegal detention
of their vessels ; it being understood that this indemnity
shall invariably be borne by the Government whose
cruizer shall have been guilty of such arbitrary and
illegal detention. It is further agreed, that the visit
and detention of vessels specified in the third article of
this Treaty shall be effected only by those British or
Argentine ships which may form part of the navies
(royal and national) respectively of the two High Con-
tracting Parties to this Treaty, and by such ships only of
those navies as shall be provided with the special in-
structions annexed to the present Treaty.






ARGENTINE CONFEDERATION.


The compensation for damages mentioned in this
article shall be made within the term of one year,
reckoned from the day on which the Mixed Court of
Justice pronounces sentence on the vessel for the
detention of which such compensation is claimed.

ARTICLE VI.
In order to bring to adjudication, with as little delay
and inconvenience as possible, vessels which may be
detained according to the tenor of the third article of
this Treaty, there shall be established, within the
space of a year at furthest from the exchange of the
ratifications of the present Treaty, two Mixed Courts of
Justice, formed of an equal number of individuals of the
two nations, named for this purpose by the two High
Contracting Parties respectively.
These courts sha" -eside, one in a possession belonging
to Her Brifannic M isty, the other within the territories
of the Argentine Cofdederation; and the two Govern-
ments, at the period of the exchange of the ratification
of the present Treaty, shall declare, each for its own
territories, in v hat places the said courts shall re-
spectively reside each of the the two High Contracting
Parties reserving to itself the right of changing, at its
pleasure, the place of residence of the court held within
its own territories, provided, however, that one of
the two courts stall always be held upon the coast of
Africa, and the oiher in the territory of the Argentine
Confederation.
These courts s1 i1l judge the causes submitted to them
according to the provisions of the present Treaty,
without an appeal, and in conformity with the regula-
tions and. instructions which are annexed to the present
Treaty, and which are considered as forming an integral
part thereof.

ARTICLE VII.
If the commanding officer of any of those ships of the
navies of Great Britain and of the Argentine Con-
federation respectively, which shall be duly provided
with instructions according to the provisions of the
third article of this Treaty, shall deviate in any respect
from the stipulations of the said Treaty, or from the







ARqt8XTINE CONFEDERATION.


instructions annexed to it, the Government which shall'
conceive itself to be wronged thereby shall be entitled
to demand reparation; and in such, case the Government
to which such commanding officer may belong binds
itself to cause inquiry to be made into the subject
matter of the complaint, and to inflict upon the said
officer a punishment proportioned to any wilful trans-
gression which he may have committed.

ARTICLE VIIr.
It is hereby further mutually agreed, that every
merchant vessel, British or Argentine, which shall be
visited by virtue of the present Treaty, may lawfully
be detained, and be sent or brought before the Mixed
Courts of Justice established in pursuance of the pro-
visions thereof, if in her equipment there shall be found
any of the things herein-after mentioned, namely:-
Fi,'.,.y.-Hatches with open gratings, instead of the
close hatches which are usual in merchant vessels.
Secondly.- Divisions or bulkheads in the hold or on,
deck, in a greater number than are necessary for vessels
engaged in lawful trade.
7.i l,/y.---Spare plank fitted for being laid down as a
second or slave deck.
Fourthly.--Shackles, bolts, or handcuffs.
Fifthly.--A larger quantity of water, in casks or in
tanks, than is requisite for the consumption of the crew
of the vessel as a merchant vessel.
Sixthly.-An extraordinary number of water casks, or
of other receptacles for holding liquid, unless the master-
shall produce a certificate from the custom house at the
place from which he cleared outwards, stating that
sufficient security had been given by the owners of such,
merchant vessels that such extra quantity of casks, or of
other receptacles, should only be used for the reception
of pAnlm oil, or for other purposes of lawful commerce.
Seventhly.-A greater quantity of mess tubs or kids
than is requisite for the use of the crew of the vessel
as a merchant vessel.
Eighthly.-A boiler or other cooking apparatus of an-
unusual size, and larger, or fitted for being made larger,
than requisite for the use of the vessel as a merchant
vessel; or more than one boiler or other cooking appa-
ratus of the ordinary size.







ARGENTINE CONFEDERATION.


V1W',,iX1.-An extraordinary quantity of rice; of the
flour of Brazil, manioc, or casada, commonly called
farina of maize; of Indian corn; or of any other article
.of food whatever, beyond what might probably be
requisite for the use of the crew of the vessel; such
rTice, flour, maize, Indian corn, or other article of food
Unot being entered on the manifest as part of the cargo
for trade.
Tenthly.-A quantity of mats or matting greater than
is necessary for the use of the crew of the vessel as a
merchant vessel.
Any one or more of these several things, if proved
to have been found on board, shall be considered as
prima' facie evidence of the actual employment of the
vessel in the slave trade; and the vessel shall thereupon
be condemned and be declared lawful prize, unless clear
and incontestable evidence on the part of the master or
owners shall establish, to the satisfaction of the court,
-that such vessel was, at the time of her detention or
capture, employed in some legal pursuit, and that such
of the several things above enumerated as were found
,on board her at the time of her detention, or which had
been put on board her on the voyage on which she was
proceeding when captured, were needed for legal pur-
poses on that particular voyage.

ARTICLE IX.
If any of the things specified in the preceding
*article shall be found in any merchant vessel, no com-
pensation for losses, damages, or expenses, consequent
upon the detention of such vessel, shall in any case be
granted, either to her master or to her owner, or to any
other person interested in her equipment or lading, even
though the Mixed Courts of Justice should not pro-
nounce any sentence of condemnation in consequence of
her detention.
ARTICLE X.
It is hereby agreed between the two High Contracting
Parties, that in all cases in which a vessel shall be
detained under this Treaty, by their respective cruizers,
as having been engaged in the slave trade, or as having
been fitted out for the purposes thereof, and shall con-
sequently be adjudged and condemned by the Mixed






ARGENTINE CONFEDERATION.


Courts of Justice to be established as aforesaid, the said
vessel shall, immediately after condemnation, be broken
up entirely, and shall be sold in separate parts after
having been so broken up.

ARTICLE XI.
The negroes who are found on board of a vessel
which has been detained by a cruizer, and has been
condemned by the Mixed Courts of Justice, in con-
formity with the stipulations of this Treaty, shall be
placed at the disposal of the Government whose cruizer
made the capture, on the distinct understanding that
they shall be immediately set at liberty, and shall be
thenceforward kept free. The two High Contracting
Parties respectively guarantee the full and permanent
liberty of such negroes; and with a view of ensuring
the due execution of the Treaty in this respect, they
each engage to afford from time to time, and whenever
required to do so by the other High Contractirg Party,
the fullest information as to the state and condition of
such negroes.
The regulations, letter C., annexed to this Treaty, as
to the treatment of negroes liberated by sentence of the
Mixed Courts of Justice, are declared to form an integral
part of this Treaty.
The two High Contracting Parties reserve to them-
selves the right to alter or suspend by common consent,
but not otherwise, the terms of the regulations.

ARTICLE XII.
The Annexes to this Treaty, which it is mutually
agreed shall form an integral part thereof, are as
follows :-
A. Instructions for the ships of the navies of both
nations employed to prevent the traffic in slaves.
B. Regulations for the Mixed Courts of Justice,
which are to hold their sittings on the coast of Africa,
and in one of the possessions of the Argentine Republic.
C. Regulations for the treatment of liberated negroes.

ARTICLE XIII.
The pireent Treaty, consisting of thirteen articles,
shall be ratified, and the ratifications thereof shall be







ARGENTINE CONFEDERATION.


exchanged at Buenos Ayres, as soon as possible within
the space of eight months from this date.
In witness whereof the respective plenipotentiaries.
have signed, in duplicate originals, English and Spanish,
the present Treaty, and have thereunto affixed the seal
of their arms.
Done at Buenos Ayres, this twenty-fourth day of May
in the year of our Lord one thousand eight hundred and
thirty-nine.
,(.s.) J. H. MANDEVILLE.


ANNEX A. to the TREATY between GREAT BRITAIN and the
ARGENTINE CONFEDERATION for the Abolition of the
Slave Trade of the Argentine Confederation.
Instructions for the Ships of the British and Argentine
Navies employed to prevent the Traffic in Slaves.

ARTICLE I.
The commander of any ship belonging to the navy of
Her Britannic Majesty or of the Argentine Confedera-
tion, which shall be furnished with these instructions,
shall have a right to visit, search, and detain any
British or Argentine merchant vessel which shall be
actually engaged, or which shall be suspected to be
engaged, in the slave trade, or to be fitted out for the
purposes thereof, or to have been engaged in the traffic
in slaves during the voyage in which she may be met
with by such ship of the British or Argentine navy ;
and such commander shall thereupon bring or send such
merchant vessel, as soon as possible, for judgment before
that Mixed Court of Justice established in virtue of the
seventh article of the said Treaty which shall be the
nearest to the place of detention, or which such com-
mander shall, upon his own responsibility, think can be
soonest reached from such place.

ARTICLE Ii.
Whenever a ship of either of the said navies, duly
authorised as aforesaid, shall meet a merchant vessel
liable to' be visited under the provisions of the said
Treaty, the search shall be conducted in the mildest






ARGENTINE CONFEDERATION.


manner, and with every attention which ought to be
observed between allied and friendly nations; and the
search shall in all cases be made by an officer holding a
rank not lower than that of a lieutenant in the navy of
Great Britain or in that of the Argentine Republic
respectively (unless the command shall, by reason of
death or otherwise, be held by an officer of inferior
rank), or by the officer who at the time shall be second
in command of the ship by which the search is made.

ARTICLE III.
The commander of any ship of the two navies, duly
authorised as aforesaid, who may detain any merchant
vessel in pursuance of the present instructions, shall
leave on board the vessel so detained the master, the
mate or boatswain, and two or three, at least, of the
crew thereof, the whole of the slaves, if any, and all
the cargo.
The captor shall at the time of detention draw up ini
writing an authentic declaration, which shall exhibit the
state in which he found the detained vessel; and such
declaration shall be signed by himself, and shall be
given in or sent, together with the captured vessel, to.
the Mixed Court of Justice before which such vessel.
shall be carried or sent for adjudication.
The captor shall deliver to the master of the detained
vessel a certified list of the papers seized on board the
same, as well as a statement of the number of slaves.
found on board at the moment of detention.
In the authenticated declaration which the captor is
hereby required to make, as well as in the certified list
of the papers seized, he shall insert hs own name, the
name of the capturing ship, the latitude and longitude
of the place where the detention shall have taken place,
and the number of slaves found on board the vessel at
the time of detention.
The officer in charge of the vessel detained shall, at
the time when he brings the vessel's papers into the
Mixed Court of Justice, deliver into the Court a paper;
signed by himself, and verified on oath, stating 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 paper.







ARGENTINE CONFEDERATION.


ARTICLE IV.
The slaves shall not be disembarked till after the
vessel which contains them shall have arrived at the
place of adjudication; and even after the vessel has
arrived at such place they shall not be landed without
the permission of the Mixed Court of Justice.
But if urgent reasons, deduced from the length of the
voyage, from the state of health of the slaves, or from
other causes, should require that either the whole or a
portion of the negroes should be disembarked or be
transhipped before the vessel can arrive at the place at
which one of the said courts is established, or atter her
-arrival there and before adjudication, the commander of
the capturing ship may take upon himself the responsi-
bility of so disembarking or transhipping the negroes,
provided that such necessity, and the causes thereof, be
stated in a certificate in proper form, and that this
certificate be entered at the time on the log-book of the
-detained vessel.
The undersigned plenipotentiaries have agreed, in
conformity with the twelfth article of the Treaty signed
by them on this day, the twenty-fourth day of May one
thousand eight hundred and thirty-nine, that the pre-
ceding instructions, consisting of four articles, shall be
annexed to the said Treaty, and shall be considered as
an integral part thereof.
The twenty-fourth day of May one thousand eight
hundred and thirty-nine.
(L S.) J. I-. MANDEVILLE.



ANNEX B. to the TREATY between GREAT BRITAIN and
the ARGENTINE CONFEDERATION for the abolition of
the Slave Trade of the Argentine Confederation.
Regulations for the Mixed Courts !of Justice which are to
reside on the Coast of Africa and in the Possessions of
the Argentine Confederation.

ARTICLE I.
The Mixed Courts of Justice to be established under
the provisions of this Treaty, of which these regulations







ARGENTINE CONFEDERATION.


are declared to be an integral part, shall be composed in
the following manner: Each of the two High Contracting
Parties shall name a judge and an arbitrator, who shall
be authorized to hear and to decide, without appeal, all
cases of the capture or detention of vessels which, in
pursuance of the stipulations of the aforesaid Treaty,
shall be brought before them. The judges and the
arbitrators shall, before entering upon the duties of
their office, respectively make oath before the principal
magistrate of the places in which such courts respec-
tively shall reside, that they will judge fairly and faith-
fully; that they will have no preference either for the
claimants or the captors; and that in all their decisions
they will act in pursuance of the stipulations of the
aforesaid Treaty.
There shall be attached to each of such courts a
secretary or registrar, who shall be appointed by the
Government of the country within whose territories
such court shall reside. Such secretary or registrar
shall register all the acts of such court, and shall, before
he enters upon his office, make oath before the court
to which he is appointed, that he will conduct himself
with due respect for its authority, and will act with
fidelity and impartiality in all matters relating to his
said office.
The salary of the secretary or registrar of the court
to be established on the coast of Africa shall be paid by
Her Britannic Majesty, and that of the secretary or
registrar of the court to be established in the possessions
of the Argentine Confederation shall be paid by the
Government of that republic.
Each of the Governments shall defray half of the
.i-, e .ite amount of the incidental expenses of such
courts.

ARTICLE II.
The expenses incurred by the officer charged with the
reception, maintenance, and care of the detained vessel,
slaves, and cargo, and with the execution of the sentence,
and all disbursements occasioned by bringing the vessel
to adjudication, shall, in case of condemnation, be
defrayed out of the funds arising from the sale of the
materials of the broken-up vessel, of the ship's stores,
and of such parts of the cargo as shall consist of mer-







ARGENTINE CONFEDERATION.


.chandise; and in case the proceeds arising from this
sale should not prove sufficient to defray such expenses,
then the deficiency shall be made good by the Govern-
ment of the country within whose territories the adjudi-
cation shall have taken place.
If the detained vessel shall be released, the expenses
.occasioned by bringing her to adjudication shall be
-defrayed by the captor, excepting in the cases specified
and otherwise provided for by Article IX. of the Treaty
to which these regulations form an annex, and by
Article VII. of these Regulations.

ARTICLE III.
The Mixed Courts of Justice are to decide upon the
legality of the detention of such vessels as the cruizers
.of either nation shall, in pursuance of the said Treaty,
.detain.
These courts shall judge, definitively and without
appeal, all questions which shall arise out of the capture
.and detention of such vessels.
The proceedings of these courts shall take place with
.as little delay as possible; and for this purpose the
courts are required to decide each case, as far as may be
practicable, within the space of twenty days, to be dated
from the day on which the detained vessel shall have
been brought into the port where the deciding court
shall reside.
If, in consequence of such proceedings, the vessel
whose case is brought before the court shall be found to
be employed in the slave trade, or to have been fitted
.out for the purposes thereof, such vessel, her cargo of
merchandise, and her equipment, shall be condemned
by the court, and shall be declared lawful prize; and
any slaves who may have been put on board such vessel
for the purposes of traffic shall be emancipated.
The final sentence shall not in any case be delayed
beyond the period of two months, either on account of
the absence of witnesses or for any other reason, except
upon the application of any of the parties interested, in
which case, if such party or parties shall give satisfac-
tory security that they will take upon themselves the
expense and risks of the delay, the courts may, at their
discretion, grant an additional delay, not exceeding four
months.






ARGENTINE CONFEDERATION.


Either party shall be allowed to employ such counsel
as he may think fit to assist him in conducting his cause.
All the essential parts of the proceedings of the said
courts shall be written down in one Act, in the language
:of the country in which the courts shall respectively
reside.

ARTICLE IV.
The form of the process shall be as follows:-The
judges appointed by the two Governments respectively
shall, in the first place, proceed to examine the papers
of the detained vessel, and to take the depositions of the
master or commander, and of two or three, at least, of
the principal individuals on board such vessel, as well
as the declaration on oath of the captor, should such
declaration appear to be necessary in order to enable
them to judge and to pronounce whether the said vessel
has been justly detained or not, according to the stipula-
tions of the aforesaid Treaty.
In the event of the two judges not agreeing as to the
sentence which they ought to pronounce with respect to
the legality of the detention of any vessel, as to the
liability of the vessel to compensation, as to the com-
pensation to be allowed to the owners, or as to any other
question which may arise out of any capture, or if any
difference of opinion should arise between them as to
the mode of proceeding in the said court, they shall, in
any such case, draw by lot the name of one of the two
arbitrators appointed as is stated in Article I. of this
annex; and the arbitrator whose name shall be so drawn
shall, after he has considered the proceedings which
have taken place, consult with the two above-mentioned
judges, and the final sentence or decision shall be pro-
nounced in conformity with the opinion of the majority
of the three.

ARTICLE V.
If the detained vessel shall be restored by the sentence
of the court, the vessel and the cargo, in the state in
which they shall then be found, shall forthwith be given
up to the master, or to the person who represents him;
and such master or other person may, before the same
court, claim to have a valuation made, in order to ascer-
tain the amount of the damages to which he shall be






ARGENTINE CONFEDERATION.


entitled. The captor himself, and, in his default, his
Government, shall remain responsible for the damages
which may definitively be pronounced to be due to the
master of such vessel, or to the owners of the vessel or
of her cargo.
The two High Contracting Parties bind themselves to
,pay, within the term of a year from the date of the
sentence, the costs and damages which may be awarded
by the aforesaid Court; it being mutually understood
and agreed, that such costs and damages shall be made
good by the Government of the country of which the
captor shall be a subject or citizen.

ARTICLE VI.
If a detained vessel shall be condemned, she shall be
declared lawful prize, together with her cargo, whatever
it may be, with the exception of the slaves who shall
have been found on board ; and the said vessel, in con-
formity with the regulations in Article X of the Treaty
of this date, shall, as well as her cargo, be sold by public
sale, for the profit of the two Governments, subject to
the payment of the expenses herein-befbre mentioned.
Each slave shall receive from the Court a certificate
of emancipation, and shall be delivered over to the
Government to whom belongs the cruizer which made
the capture, to be dealt with according to the regula-
tions and conditions contained in the annex to this
Treaty, letter C.

ARTICLE VII.
The commander and the crew of a vessel condemned
under this Treaty, and all persons found on board who
shall have been accomplices in her slave trade under-
taking, shall, on condemnation of the vessel, be sent as
prisoners to the nearest settlement of the country of
which they are subjects or citizens, and shall be there
delivered over to the authorities of the place, to be tried
according to the laws of their country for the offences
which they have committed against those laws. The
commander of the cruizer which made the capture of the
vessel shall, on the requisition of the members of the
Mi::.Vl Courts of Justice, take charge of the commander,
the crew, and accomplices on board of the captured







ARGENTINE CONFEDERATION.


vessel, and shall convey them and deliver them over as
before mentioned.
The charges incurred for the support and return
voyage of the commander, the crew, and the accomplices
thus sent as prisoners, shall be defrayed by the Govern-
ment of which they are the subjects or citizens,

ARTICLE VIII.
The Mixed Courts of Justice shall also take cognisance
of, and shall decide definitely and without appeal, all
claims for compensation on account of losses occasioned
to vessels and cargoes which shall have been detained
under the provisions of this Treaty, but which shall. not
have been condemned as legal prize by the said courts;
and in all cases wherein restitution of such vessels and
cargoes shall be decreed (save as mentioned in a subse-
quent part of these Regulations, and in Article IX. of
the Treaty to which these Regulations form an annex),
the Court shall award to the claimant or claimants, or
to his or their lawful attorney or attorneys, for his or
their use, a just and complete indemnification for all costs
of suit, and for all losses and damages which the owner
or owners may have actually sustained by such capture
and detention; that is to say,
First : In case of total loss, the claimant or claimants
shall be indemnified;
a. For the ship, her tackle, equipment, and stores.
b. For all freights due and payable.
c. For the value of the cargo of merchandise, if any,
deducting all charges and expenses payable
upon the sale of such cargo, including commission
of sale.
d. For all other regular charges in such case of total
loss.
Secondly: In all other cases not of total loss, save as
herein-after mentioned, the claimant or claimants shall
be indemnified:
a. For all special damages and expenses occasioned
to the ship by her detention, and for loss of
freight when due or payable.
b. For demurrage according to the schedule annexed
to the present article.
c. For any deterioration of the cargo.
d. For all premium of insurance on additional risks.
VOL. II, C







18 ARGENTINE CONFEDERATION.
Further, the claimant or claimants shall be entitled
to interest, at the rate of 5 per cent. per annum on the
sum awarded, until such sum is paid by the Government
to which the capturing ship belongs. The whole
amount of such indemnification shall be calculated in
the money of the country to which the detained vessel
belongs, and shall be paid at the rate of exchange current
at the time of the award.
The two High Contracting Parties, however, have
agreed, that if it shall be proved to the satisfaction of
the judges of the two nations, and without recourse to
the decision of an arbitrator, that the captor has been led
into error by the fault of the master or commander of
the detained vessel, the detained vessel shall, in such
case, not receive for the time of her detention the
demurrage stipulated by the present article, nor any
other compensation for losses, damages, or expenses con-
sequent upon such detention.
Schedule of D. ,,,, ,' ,0,,,' or daily alloowace for a vessel of
100 tons to 120 inclusive, 51. per diem.
121 ,, 150 ,, 61.
151 ,, 170 ,, 81.
171 ,, 200 ,, 101.
201 ,, 220 ,, 111.
221 ,, 250 ,, 121. ,,
251 ,, 270 ,, 141.
271 ,, 300 ,, 151. ,,
And so on in proportion.

ARTICLE IX.
Neither the judges, nor the arbitrators, nor the secre-
taries of the Mixed Courts of Justice, shall demand or
receive from any of the parties concerned in the cases
which shall be brought before such courts any emolument
or gift, under any pretext whatsoever, for the performance
of the duties which such judges, arbitrators, and secre-
taries have to perform.

ARTICLE X.
The two High Contracting Parties have agreed that,
in the event of the death, sickness, absence on leave,
or other legal impediment of one or more of thejudges or
arbitrators composing the above-mentioned courts, the







ARGENTINE CONFEDERATION.


post of such judge or of such arbitrator shall be sup-
plied, ad interim, in the following manner :
First: On the part of Her Britannic Majesty, and in
that court which shall sit in one of the possessions
of Her said Majesty, if the vacancy be that of the
British judge, his place shall be filled by the British
arbitrator; and either in that case, or if the vacancy be
originally that of the British arbitrator, the place of such
arbitrator shall be filled successively by the Governor or
Lieutenant-Governor resident in such possession, by the
principal magistrate of the same, and by the secretary of
the Government; and the said court, so constituted as
above, shall sit, and shall proceed to adjudge all cases
brought before them for adjudication, and shall pass
sentence ,..-.:r.ligly.
Secondly: On the part of Great Britain, and in that
court which shall sit in some place within the territories
of the Argentine Confederation, if the vacancy be that
of the British judge, his place shall be filled by the
British arbitrator ; and either in that case, or if the
vacancy be originally that of the British arbitrator, the
place of British arbitrator shall be filled, successively,
by the British Consul and British Vice-Consul, if there
be a British Consul or British Vice-Consul appointed to
and resident in such place; and if the vacancy be both
of the British judge and of the British arbitrator, then
the vacancy of the British judge shall be filled by the
British Consul, and that of the British arbitrator by
the British Vice-Consul, if there be a British Consul
and a British Vice-Consul appointed to and resident
in such place; and if there shall be no British Consul
or British Vice-Consul to fill the place of British
arbitrator, then the Argentine arbitrator shall be
called in in those cases in which a British arbitrator,
if there were any, would be called in; and in case the
vacancy be both of the British judge and British
arbitrator, and there be neither British Consul nor
British Vice-Consul to fill, ad interim, the vacancies,
then the Argentine judge and Argentine arbitrator
shall sit, and shall proceed to adjudge all cases brought
before them for adjudication, and shall pass sentence
accordingly.
Thirdly: On the part of the Argentine Republic, and
in that court which shall sit within the territories of
that Republic, if the vacancy be that of the Argentine
VOL. II, c 2






ARGENTINE CONFEDERATION.


judge, his place shall be filled by the Argentine
arbitrator; and either in that case, or if the vacancy
be originally that of the Argentine arbitrator, the
place of such arbitrator shall be filled, successively,
by the highest civil authority resident in such pos-
session, by the principal magistrate of the same, and
by the secretary of the Government, which, if the Court
is held at Buenos Ayres, will be executed by the
President of the Court of Appeal, by the senior
member of that court, and by the Attorney-General
of the province ; and the said court, so constituted as
above, shall sit, and shall proceed to adjudge all cases
brought before them for adjudication, and shall pass
sentence accordingly.
Fourthly : On the part of the Argentine Republic,
and in that court which shall sit within the possessions
of Her Britannic Majesty, if the vacancy be that of the
Argentine judge, his place shall be filled by the Argen-
tine arbitrator ; and either in that case, or if the vacancy
be originally that of the Argentine arbitrator, the place
of the Argentine arbitrator shall be filled, successively,
by the Argentine Consul and Argentine Vice-Consul, if
there be an Argentine Consul or Argentine Vice-Consul
appointed to and resident in such possession; and if the
vacancy be both of the Argentine judge and of the
Argentine arbitrator, then the vacancy of the Argentine
judge shall be filled by the Argentine Consul, and that
of the Argentine arbitrator by the Argentine Vice-
Consul, if there be an Argentine Consul and an Argentine
Vice-Consul appointed to and resident in such posses-
sion; and if there be no Argentine Consul or Argentine
Vice-Consul to fill the place of Argentine arbitrator, then
the British arbitrator shall be called in in those cases
in which an Argentine Arbitrator would be called in;
and in case the vacancy'be both of the Argentine judge
and Argentine arbitrator, and there be neither Argentine
Consul nor Argentine Vice-Consul to fill, ad interim, the
vacancies, then the British judge and British arbitrator
shall sit, and shall proceed to adjudge all cases brought
before them for adjudication, and shall pass sentence
accordingly.
The highest civil authority of the settlement wherein.
either of the Mixed Courts of Justice shall sit shall, in
the event of a vacancy arising either of the judge or of
the arbitrator of the other High Contracting Party,







ARGENTINE CONFEDERATION.


forthwith give notice of the same to the highest civil
authority of the nearest settlement of such other High
Contracting Party, in order that such vacancy may be
supplied at the earliest possible period; and each of the
High Contracting Parties agrees to fill up definitively,
as soon as possible, the vacancies which may arise in
the above-mentioned courts, from death, or from any
other cause whatever.
The undersigned Plenipotentiaries have agreed, in
conformity with Article XII. of the Treaty signed by
them on this day, the twenty-fourth of May one
thousand eight hundred and thirty-nine, that the pre-
ceding Regulations, consisting of ten articles, shall be
annexed to the said Treaty, and considered an integral
part thereof. Signed this day, the twenty-fourth day
of May one thousand eight hundred and thirty-nine.
(L.s.) J. H. MANDEVILLE.


ANNEX C.-REGULATIONS for the Good Treatment of
Liberated NEGROES.
ARTICLE 1.
The object of these Regulations is to secure to negroes
liberated by virtue of the stipulations of the Treaty to
which these Regulations form an Annex (marked C.),
permanent good treatment, and full and complete
freedom, in conformity with the humane intentions of
the High Contracting Parties.

ARTICLE II.
Immediately after sentence of condemnation shall
have been passed by a Mixed Court of Justice esta-
blished under the Treaty to which these Regulations
for an Annex, on a, vessel charged with being con-
cerned in slave trade, all negroes who were on board
such vessel, and who were brought on board for the
purpose of traffic, shall be delivered over to the Govern-
ment to whom belongs the cruizer which made the
capture.
ARTICLE III.
If the cruizer which made the capture is British, the
British Government engages that the negroes shall be







ARGENTINE CONFEDERATION.


treated in exact conformity with the laws in force in the
British colonies applicable to free-born or to emancipated
negroes.
ARTICLE IV.

If the cruizer which made the capture is Argentine,
then the negroes shall be delivered over to the Argentine
authorities of that place in the dominions of the Argen-
tine Confederation in which the Mixed Court of Justice
is established; and the Argentine Government solemnly
engages that such negroes shall be there treated strictly
according to the regulations in force at the time being in
the Argentine Confederation with respect to free
negroes. The Argentine Confederation further engages
that those regulations shall always be framed with the
view of securing honestly and faithfully to emancipated
negroes unmolested liberty, good treatment, a knowledge
of the tenets of the C'ln i- ti.m religion, advancement in
morality and civilisation, and sufficient instruction in the
mechanical arts to enable the said emancipated negroes
to earn their own subsistence as artizans, mechanics, or
servants.
ARTICLE V.

For the, purpose which is explained in the following
article, there shall be kept in the office of the Governor
of that part of the possessions of the Argentine Con-
federation where the Mixed Court of Justice resides a
register of all emancipated negroes; and in such register
shall be entered with scrupulous exactness the names
given to the negroes, the names of the vessels, in which
they were captured, the names of the persons to whose
care they have been committed, and any other circnm-
stance likely to contribute to the full and permanent
liberty and welfare of such emancipated negroes.

ARTICLE VI.

The register to which the preceding article refers will
serve to form a general return, which the Governor of
that part of the possessions of the Argentine Confedera-
tion where the Mixed Court of Justice resides shall be
bound to deliver every six months to the aforesaid Mixed
Commission, in order to show the continued freedom of






ARGENTINE CONFEDERATION.


the negroes emancipated under this Treaty, the improve-
ment effected in their condition, and the progress made
in their religious and moral instruction, and in their
acquirement of the arts of life. The aforesaid return
shall also specify the names and descriptions of such of
the emancipated negroes as shall have died since the
period of the last return.

ARTICLE VII.
The High Contracting Parties agree that if in future
it should appear necessary to adopt new measures, in
consequence of those which are laid down in this annex
turning out inefficacious, the said High Contracting
Parties will consult together, and will agree upon other
means better adapted for the complete attainment of the
objects they have in view.

ARTICLE VIII.
The undersigned Plenipotentiaries have agreed, in con-
formity with the thirteenth article of the Treaty signed
by them on this day, the twenty-fourth day of May, one
thousand eight hundred and thirty-nine, that this Annex,
consisting of eight articles, shall be united to the said
Treaty, and be considered an integral part thereof." This
twenty-fourth day of May, one thousand eight hundred
and thirty-nine.
(L.S,) J. H. MANDEVILLE.



ARTICLES additional to the TREATY concluded this
Twenty-fourth day of May, One thousand eight
hundred and thirty-nine, between HER BRITANNIC
MAJESTY and the ARGENTINE CONFEDERATION, for
the Suppression of the Slave Trade.

ARTICLE I.
It is agreed and understood, that if there should be
any delay in appointing the judge and the arbitrator to
be nominated on the part of the Argentine Confederation
to act in each of the Mixed Courts of Justice to be
established under this Treaty, or if those officers, after







ARGENTINE CONFEDERATION.


being appointed, should at any time be absent, then and
in either of such cases the judge and arbitrator who shall
have been appointed on the part of Her Britannic Majesty,
and who shall be present in the said courts, shall, in the
absence of the Argentine judge and arbitrator, proceed
to open the said courts, and to adjudge such cases as may
be brought before them under the Treaty ; and the
sentence pronounced upon such cases by the said British
judge and arbitrator shall have the same force and
validity as if the judge and the arbitrator on the part of
the Argentine Confederation had been appointed, and had
been present and acting in the Miked Courts in the cases
in question.
ARTICLE I1.
It is also agreed, notwithstanding the provisions of the
first article of the Annex B, that so long as no Argentine
judge and arbitrator shall have been nominated, it will
be unnecessary for the Argentine Confederation to
nominate the secretary or actuary mentioned in the said
article; that in the meanwhile the secretary or actuary
of that court which may exist within the territory of the
Argentine Confederation shall be named and paid by the
Government of Her Britannic Majesty; and that the
entire expense of both the courts to be established under
this Treaty shall be borne by the Government of Her
Britannic Majesty.
ARTICLE TII.
If, in the drawing up of this Treaty in the Spanish
language, any involuntary error has been made in the
translation, the English text is to be adhered to.
The present additional articles shall form an integral
part of the Treaty for the suppression of the slave trade
signed this day, and shall have the same force and
validity as if they were inserted word for word in that
Treaty, and shall be ratified as soon as possible within
the term of eight months from the date of the present
Treaty.
Done at Buenos Ayres, this twenty-fourth day of May,
in the year of our Lord one thousand eight hundred and
thirty-nine.
(L.s.) J. H. MANDEVILLE.


_ I _~_ _I












BOLIVIA.


The Treaty Engagements in force between Great
Britain and Bolivia for the Suppression of the Slave
Trade, to which your attention is particularly directed,
are :-
The Treaty, dated the 25th of September, 1.840, and
the Annexes A., B., and C., thereto.
The additional Articles thereto of the same date.
The Treaty does not prescribe any Limits within
which you are authorised to exercise the powers of Visit,
Search, and Detention over Bolivian Vessels.
If you have reason to suspect that a Vessel sailing Treaty,
under the Escort or Convoy of a Bolivian Cruizer isArt. 3.
engaged in or equipped for the Slave Trade, you will
communicate your suspicions to the Commander of the
Convoy, and offer to accompany him in a Visit to the
suspected Vessel. If your suspicions of the Vessel
prove to be well founded, you will detain her, provided
that, by reason of her Nationality, she is subject to your
authority. You will be careful, however, so far as may
be compatible with the execution of your duty, to act
with the concurrence of the Commander of the Convoy,
and you are authorised to call upon him for. any assis-
tance that you may require. In like manner, if a Com-
mander of a Bolivian ship, duly authorised under this
Treaty, communicates to you his suspicions that a Vessel
under your. Convoy is engaged in or equipped for the
Slave Trade, you will invite him to accompany you in
a Visit to the suspected Vessel; and you will take care
that the Visit is conducted in a strict and satisfactory
manner, In the event of the suspicions proving to be
well founded, you will give every facility for the Deten-
tion of the Vessel by the Bolivian Commander. You
will, by the first opportunity, send a full Report of the
Case, together with your own remarks thereon, to the
Senior Officer of your Division, and a Duplicate thereof
to the Secretary of the Admiralty.






BOLIVIA.


Annex A. The Visit and Search of a Bolivian Vessel shall not
Art. II. be made by an Officer of a Rank lower than that of
Lieutenant, unless he is at the time second in command
of the Ship.
Annex A. The Authority for the Visit and Search of a Bolivian
Art. Vessel is the Copy of Annex A. to the Treaty which
you will find at p. 34.
Annex A. Copies of the Certificates, Nos. 3 and 4' respectively,
Art. III. required to be made on the detention of a Vessel, shall
be delivered to the Master.
Treaty, The proper Port of Adjudication for a Bolivian Vessel
Art. VII. is Sierra Leone, that being at present the only Port at
which there is a Mixed Court of Justice established in
pursuance of the Treaty.
Annex A. A copy of the Certificate No. 9,* required to be made
Art. IV. on the removal of any Person or Article from the
Detained Vessel, shall be inserted on her Log Book.
Annex A.' The Slaves shall not be landed at the Port of Adjudi-
Art. IV. cation until permission has been obtained from the Mixed
Court of Justice.

See Appendix to General Instructions, Vol. I., page 21.










BOLIVIA


TREATY* between HER MAJESTY and the REPUBLIC Of
BOLIVIA for the Abolition of the Traffic in Slaves.
Signed at Sucre, September 25th, 1840.
[Ratifications exchanged October 8, 1842.]
In the Name of the Most Holy Trinity.
Her Majesty the Queen of the United Kingdom of
Great Britain and Ireland, and the Republic of Bolivia,
being mutually animated by a sincere desire to co-
operate for the utter extinction of the barbarous traffic
in slaves, have resolved to proceed to the conclusion of a
Treaty for the special purpose of immediately attaining
this object, and have respectively named for this purpose
as their plenipotentiaries, to wit:-
Her Majesty the Queen of the United Kingdom of
Great Britain and Ireland, Belford Hilton Wilson,
Esquire, and Charg6 d'Affaires of Her Britannic Majesty
at Lima;
And the Republic of Bolivia, the citizen Jos6 Maria
Linares, Minister of State for the departments of the
Home and Foreign Affairs;
Who, having duly communicated to each other their
respective full powers, and found them to be in proper
form, have agreed upon and concluded the following
Articles:-
ARTICLE I.
The Slave Trade having been constitutionally abolished
throughout the territories of the Republic of Bolivia, is
hereby declared to be, henceforward, totally prohibited
to all the citizens of the said republic, in all parts of the
world.
ARTICLE II
The Republic of Bolivia hereby specially engages that
two months after the exchange of the ratifications of

Confirmed by Act of Parliament, 6 Vict. c. 14







BOLIVIA.


the present Treaty, if the ordinary Congress shall be
assembled at that time, or two months after the subse-
quent meeting of Congress, it will promulgate throughout
its territories a penal law inflicting the punishment
attached to piracy on all those citizens of Bolivia who
shall, under any pretext whatsoever, take any part
whatever in the traffic in slaves; and from time to time
afterwards, as it may become needful, it will take the
most effectual measures for preventing the citizens of
the republic from being concerned, and the flag of the
republic from being used, in carrying on, in- any way,
the trade in slaves.

ARTICLE III
Her Majesty the Queen of the United Kingdom of
Great Britain and Ireland, and the Republic of Bolivia,
hereby mutually engage that, by an additional Con-
vention to the present Treaty, hereafter to be concluded
between the said High Contracting Parties to the
present Treaty, they will concert and settle the details
of the measures by which the law of piracy, which will
become applicable to that traffic by the legislation of
each of the two countries, shall be immediately and
reciprocally carried into execution with respect to the
vessels and subjects or citizens of each.

ARTICLE IV
In order more completely to .carry into effect the
spirit of the present Treaty, the two High Contracting
Parties mutually consent that those ships of their navies
respectively which shall be provided with special instruc-
tions for that purpose, as herein-after mentioned, may
visit such merchant vessels of the two nations as may
be suspected, upon reasonable grounds, of being engaged
in the traffic of slaves, or of having been fitted out for
the purposes thereof, or of having, during the voyage
in which they are met by the said cruizers, been en-
gaged in the traffic in slaves, contrary to the provisions
of this Treaty; and the two High Contracting Parties
likewise consent that such cruizers may detain and send
or carry away such vessels, in order that they may be
brought to trial in the manner herein-after agreed
upon.






BOLIVIA.


ARTICLE V.
In order to regulate the nmde of carrying the pro-
visions of the preceding- Article into execution, it is
agreed :
1st. That all ships of the navies of the two nations
which shall be hereafter employed to prevent the traffic
in slaves shall be furnished by their respective Govern-
ments with a copy, in the English and Spanish languages,
of the present Treaty; of the instructions for cruizers,
annexed thereto, sub literal A.; and of the regulations
for the Mixed Courts of Justice, annexed thereto, sub
literal B. ; which annexes shall be considered as an integral
part of the Treaty.
2nd, That each of the High Cointracting Parties shall
from time to time communicate to the other the names
of the several ships furnished with such instructions, the
force of each ship, and the names of their several com-
imanders.
3rd. That if at any time there shall be just cause to
suspect that any merchant vessel, sailing under the flag
of either nation, and proceeding under the convoy of any
ship or ships of war of either of the Contracting Parties,
is engaged, or is intended to be engaged, in the traffic
in slaves, or is fitted out for the purposes thereof, or has,
during the voyage on which she may be met with, been
engaged in the traffic in slaves, it shall be lawful for the
commander of any ship of the navy of either of the two
High Contracting Parties, furnished with such instruc
tions as aforesaid, to visit such merchant vessel; and
such commander shall proceed to visit the same, in com-
munication with the commanding officer of the convoy,
who, it is hereby agreed, shall give every facility to
the visit, and to the effectual detention, if necessary,
of such merchant vessel; and in all things shall assist,
to the utmost of his power, in the due execution of the
present Treaty, according to the true intent and meaning
thereof.
4th. It is further mutually agreed that the commanders
of the ships of the two navies respectively who shall be
employed on this service shall adhere strictly to the exact
tenor of the aforesaid instructions.







BOLIVIA.


ARTICLE VI.
As the two preceding articles are entirely reciprocal,
the two HBigh Contracting Parties engage mutually to
make good an) losses which their respective subjects
or citizens may incur by the arbitrary and illegal deten-
tion of their vessels; it being understood that this
indemnity shall invariably be borne by the Government
whose cruizer shall have been guilty of such arbitrary
and illegal detention, and that the visit and detention
of such vessels, specified in the fourth article of this
Treaty, shall only be effected by those British or Bolivian
ships which may form part of the navies (Royal and
National) respectively of the two High Contracting
Parties to the Treaty, and by such ships only of those
navies as shall be provided with the special instructions
annexed to the present Treaty, in pursuance of the pro-
visions thereof.
The compensation for damages of which this article
treats shall be made within the term of one year, reckoned
from the day on which the Mixed Courts of Justice pro-
nounce sentence on the vessel for the detention of which
such compensation is claimed.

ARTICLE VII
In order to bring to adjudication with as little delay
and inconvenience as possible the vessels which may be
detained according to the tenor of the fourth article of
this Treaty, there shall be established, within the space
of a year at furthest from the exchange of the ratifica-
tions of the present Treaty, two Mixed Courts of Justice,
formed of an equal number of individuals of the two
nations, named for this purpose by the Governments of
the two High Contracting Parties respectively.
These courts shall reside, one in a possession belong-
ing to Her Britannic Majesty, the other within the
territories of the Republic of Bolivia; and the two
Governments, at the period of the exchange of ratifica-
tions of the present Treaty, shall declare, each for its
own territories, in what places the Courts shall respec-
tively reside, each of the two High Contracting Parties
reserving to itself the right of changing at its pleasure
the place of residence of the court held within its own
territories; p.i .-vi].ld however, that one of the two






BOLIVIA.


courts shall always be held upon the coast of Africa, and
the other in one of the possessions of the Republic of
Bolivia.
These courts shall judge the causes submitted to
them, according to the provisions of the present Treaty,
without appeal, and according to the regulations and
instructions which are annexed to the present Treaty,
and which are considered as forming an integral part
thereof.
ARTICLE VIII
If the commanding officer of any of the ships of the
navies of Great Britain and of the Republic of Bolivia
respectively, duly commissioned according to the pro-
visions of the fourth article of this Treaty, shall deviate
in any respect from the stipulations of the said Treaty,
or from the instructions annexed to it, the Government
which shall conceive itself to be wronged thereby shall be
entitled to demand reparation; and in such case the
Government to which such commanding officer may belong
binds itself to cause inquiry to be made into the subject
of the complaint, and to inflict upon the said officer a
punishment proportioned to any wilful transgression
which he may have committed.

ARTICLE IX.
It is hereby further mutually agreed that every mer-
chant vessel, British or Bolivian, which shall be visited
by virtue of the present Treaty, may lawfully be detained
and be sent or brought before the Mixed. Courts of Justice
established in pursuance of the provisions thereof, if in
her equipment there shall be found any of the things
herein-after mentioned, namely :-
1. Hatches with open gratings, instead of close hatches,
which are usual in merchant vessels.
2. Divisions or bulkheads in the hold or on deck in a
greater number than are necessary for vessels engaged in
lawful trade.
3. Spare plank, fitted for being laid down as a second
or slave deck.
4. Shackles, bolts, or handcuffs.
5. A larger quantity of water, in casks or in tanks,
than is requisite for the consumption of the crew of the
vessel as a merchant vessel.







.1OLIVIA.


6. An extraordinary number of water casks or of other
vessels for holding liquid, unless the master shall produce
a certificate from the custom house at the place from
which he cleared outwards, stating that a sufficient
security had been given by the owners of such merchant
vessel that such extra quantity of casks or of other vessels
should only be used for the reception of palm oil, or for
other purposes of lawful commerce.
7. A greater quantity of mess tubs or kids than are
requisite for the use of the crew of the vessel as a mer-
chant vessel.
8. A boiler of an unusual size, and larger, or fitted for
being made larger, than requisite for the use of the crew
of the vessel as a merchant vessel, or more than one
boiler of the ordinary size.
9. An extraordinary quantity either of rice, of the flour
of Brazil, manioc or cassada, commonly called farinha, of
maize, of Indian corn, or of any other article of food what-
ever, beyond what might probably be requisite for the
use of the crew, such rice, flour, maize, Indian corn, or
other article of food not being entered on the manifest as
part of the cargo for trade.
10. A quantity of mats or matting, greater than is
necessary for the use of the crew of the vessel as a mer-
chant vessel.
Any one or more of these several things, if proved, shall
be considered as prima facie evidence of the actual em-
ployment of the vessel in the slave trade; and the vessel
shall thereupon be condemned, and be declared lawful
prize, unless clear and incontestable evidence, on the part
of the master or owners, shall establish to the satisfaction
of the court that such vessel was at the time of her deten-
tion or capture employed in some legal pursuit, and that
such of the several things above enumerated as were found
on board her at the time of her detention, or had been
put on board on the voyage on which the vessel when
captured was proceeding, were needed for legal purposes
on that particular voyage.


ARTICLE X.

If any of the things specified in the preceding article
shall be found in any merchant vessel, no compensation
for losses, damages, or expenses consequent upon the







BOLIVIA.


detention of such vessel shall in any case be granted
either to her master, or to her owner, or to any other
person interested in her equipment or lading, even
though the Mixed Court of Justice should not pronounce
any sentence of condemnation in consequence of her
detention.

ARTICLE XI.
It is hereby agreed between the two High Contracting
Parties, that in all cases in which a vessel shall be
detained under this treaty, by their respective cruizers,
as having been engaged in the slave trade, or as having
been fitted out for the purposes thereof, and shall
consequently be adjudged and condemned by the Mixed
Courts of Justice to be established as aforesaid, the said
vessel shall, immediately after its condemnation, be
broken up entirely, and shall be sold in separate parts,
after having been so broken up.


ARTICLE XII.
The negroes who are found on board of a vessel
detained by a cruizer, and condemned by the Mixed
Courts of Justice, in conformity with the stipulations of
this Treaty, shall be placed at the disposition of the
Government whose cruizer has made the capture, on the
distinct understanding that they shall be immediately
set at liberty and kept free, the Government to which
they have been delivered guaranteeing the same, and
likewise engaging to afford from time to time, and
whenever demanded by the other High Contracting
Party, the fullest information as to the state and con-
dition of such negroes, with a view of ensuring the due
execution of the Treaty in this respect.
For this purpose the regulations annexed to this
Treaty sub literal C., as to the treatment of negroes
liberated by sentence of the Mixed Courts of Justice,
have been drawn up, and are declared to form an
integral part of this treaty. The two High Contracting
Parties reserve to themselves the right to alter or
suspend, by common consent and mutual agreement,
but not otherwise, the terms and tenor of such regula-
tions.
VOL. II. D






BOLIVIA.


ARTICLE XIII.
The. Acts or instruments annexed in this Treaty, and
which it is mutually agreed shall form an integral part
thereof, are as follows:-
A. Instructions for the ships of the navies of both
nations destined to prevent the traffic in slaves.
B. Regulations for the Mixed Courts of Justice which
are to hold their sittings on the coast of Africa and in
one of the possessions of the Republic of Bolivia.
C. Regulations as to the treatment of liberated
negroes.
ARTICLE XIV.
The present Treaty, consisting of fourteen articles,
shall be ratified, and the ratifications thereof exchanged
at London, as soon as possible within the space of twenty
months from this date.
In witness whereof the respective Plenipotentiaries
have signed, in triplicate originals, English and Spanish,
the present Treaty, and have hereunto affixed the seal of
their arms.
Done at Sucre, the twenty-fifth day of September in
the year of our Lord one thousand eight hundred and
forty.
(L.S.) BELFORD HINTON WILSON.
(TL..) JOSE MA. LINARES.


ANNEX A. to the TREATY between GREAT BRITAIN and
the REPUBLIC of BOLIVIA for the abolition of the
Slave Trade of the REPUBLIC of BOLIVIA.
Instructions for the Ships of the British and Bolivian
Navies employed to prevent the Traffic in Slaves.

ARTICLE I.
The commander of any ship belonging to the navy of
Her Britannic Majesty or of the Republic of Bolivia,
which shall be furnished with these instructions, shall
have a right to visit, search and detain any British or
Bolivian merchant vessel which shall be actually engaged
or which shall be suspected to be engaged in the slave
trade, or to be fitted out for the purposes thereof, or to






BOLIVIA.


have been engaged in the traffic in slaves during the
voyage in which she may be met with by such ship of
the British or Bolivian navy; and such commander
shall thereupon bring or send such merchant vessel, as
soon as possible, for judgment before that one of the
two Mixed Courts of Justice established in virtue of the
seventh article of the said Treaty which shall be the
nearest to the place of detention, or which such com-
mander shall, upon his own responsibility, think can be
soonest reached from such place.

ARTICLE II.
Whenever a ship of either of the said navies, duly
authorised as aforesaid, shall meet a merchantman liable
to be visited under the provisions of the said Treaty, the
search shall be conducted in the mildest manner, and
with every attention which ought to be observed between
allied and friendly nations; and the search shall in all
cases be made by an officer holding a rank not lower
than that of lieutenant in the navy of Great Britain or
of the Republic of Bolivia respectively (unless the com-
mand shall, by reason of death or otherwise, be held by
an officer of inferior rank), or by the officer who at the
time shall be second in command of the ship by which
such search is made.

ARTICLE III.
The commander of any ship of the two navies, duly
authorised as aforesaid, who may detain any merchant
vessel in pursuance of the tenor of the present instruc-
tions, shall leave on board the vessel so detained the
master, the mate, or boatswain, and two or three, at least,
of the crew thereof, the whole of the slaves, if any, and
all the cargo.
The captor shall, at the time of detention, draw up in
writing an authentic declaration, which shall exhibit the
state in which he found the detained vessel, such de-
claration to be signed by himself, and to be given in or
sent, together with the captured vessel, to the Mixed
Court of Justice before which such vessel shall be carried
or sent for adjudication.
He shall deliver to the master of the detained vessel
a certified list of the papers seized on board the same,
VOL, II, D 2







BOL1VIA.


as well as the number of slaves found on board at the
moment of detention.
In the authenticated declaration which the captor is
hereby required to make, as well as in the certified list
of the papers seized, he shall insert his own name, the
name of the capturing ship, the latitude and longitude
of the place where the detention shall have taken place,
and the number of slaves found on board the vessel at
the time of the detention.
The officer in charge of the vessel detained shall, at
the time of his bringing the vessel's papers in to the
Mixed Court of Justice, to deliver into a court a paper
signed by himself and verified on oath, stating 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 paper.

ARTICLE IV.
The slaves shall not be disembarked till after the
vessel which contains them shall have arrived at the
place of adjudication, in order that, in the event of the
vessel not being adjudged legal prize, the loss of the
proprietors may be more easily repaired; and even after
the slaves have arrived at such place they are not to be
landed without the permission of the Mixed Court of
Justice.
But if urgent reasons, deduced from the length of the
voyage, from the state of health of the slaves, or from
other causes, should require that either the whole or a
portion of the negroes should be disembarked before the
vessel can arrive at the place at which one of the said
courts is established, the commander of the capturing
ship may take upon himself the responsibility of so dis-
embarking the negroes, provided that such necessity, and
the cause thereof, be stated in a certificate in proper
form, and that this certificate be entered at the time on
the log-book of the detained vessel.

The undersigned Plenipotentiaries have agreed, in
conformity with the thirteenth article of the Treaty
signed by them on this day, the twenty-fifth of Septem-
ber of one thousand eight hundred and forty, that the
preceding instructions, consisting of four articles, shall







BOLIVIA.


be annexed to the said Treaty, and be considered as an
integral part thereof.
The twenty-fifth day of September of one thousand
eight hundred and forty.
(L.S.) BELFORD HINTON WILSON.
(L.S.) JOSE MA. LINARES.


ANNEX B. to the TREATY between GREAT BRITAIN and
the REPUBLIC of BOLIVIA for the Abolition of the
Slave Trade of the REPUBLIC Of BOLIVIA.
Regulations for the MVixed Courts of Justice which are to
reside on the coast of Africa and in the possessions of
the Republic of Bolivia.
ARTICLE I.
The Mixed Courts of Justice to be established under
the provisions of the Treaty, to which these regulations
are declared to be an integral part, shall be composed
in the following manner:-
Each of the two High Contracting Parties shall name
a judge and an arbitrator, who shall be authorised to
hear, and to decide without appeal, all cases of the
capture or detention of vessels'which, in pursuance of
the stipulations of the aforesaid Treaty, shall be brought
before them. The judges and the arbitrators shall,
before entering upon the duties of the office, respectively
make oath before the principal magistrate of the places
in which such courts respectively shall reside that they
will judge fairly and faithfully ; that they will have no
preference either for the claimants or the captors; and
that they will act in all their decisions in pursuance of
the stipulations of the aforesaid Treaty.
There shall be attached to each of such courts a secre-
tary or registrar, who shall be appointed by the Govern-
ment of the county within the territories of which such
court shall reside.
Such secretary or registrar shall register all the acts
of such court, and shall, before le enters upon his office,
make oath before the court to which he is appointed that
he will conduct himself with due respect for its authority,
and will act with fidelity and impartiality in all matters
relating to his said office.
The salary of the secretary or registrar of the court






BOLIVIA.


to be established on the coast of Africa shall be paid by
Her Britannic Majesty, and that of the secretary or
registrar of the court to be established in the possessions
of the Republic of Bolivia, shall be paid by the Govern-
ment of the Republic of Bolivia.
Each of the Governments shall defray half of the
aggregate amount of the incidental expenses of such
courts.
ARTICLE II.
The expenses incurred by the officer charged with the
reception, maintenance, and care of the detained vessel,
slaves, and cargo, and with the execution of the sentence,
and all disbursements occasioned by bringing a vessel to
adjudication, shall, in case of condemnation, be defrayed
from the funds arising from the sale of the materials of
the broken-up vessel, of the ship's stores, and of such
parts of the cargo as shall consist of merchandise; and in
case the proceeds arising from this sale should not prove
sufficient to defray such expenses, the deficiency shall
be made good by the Government of the country
within whose territories the adjudication shall have taken
place.
If the detained vessel shall be. released, the expenses
occasioned by bringing her to adjudication shall be
defrayed by the captor, excepting in the cases specified,
and otherwise provided for, under Article X. of the
Treaty to which these regulations form an annex, and
under Article VII. of these regulations.

ARTICLE III.
The Mixed Courts of Justice are to decide upon the
legality of the detention of such vessels as the cruisers
of either nation shall, in pursuance of the said Treaty,
detain.
These courts shall judge definitively and without
appeal all questions which shall arise out of the capture
and detention of such vessels.
The proceedings of these courts shall take place with
as little delay as possible; and for this purpose the
courts are required to decide each case, as far as may be
practicable, within the space of twenty days, to be dated
from the day on which the detained vessel shall have
been brought into the port where the deciding court
shall reside.






BOLIVIAA.


The final sentence shall not in any case be delayed
beyond the period of two months, either on account of
the absence of witnesses or for any other cause, except
upon the application of any of the parties interested, in
which case, upon such party or parties giving satis-
factory security that they will take upon themselves the
expense and risks of the delay, the courts may, at their
discretion, grant an additional delay, not exceeding four
months. Either party shall be allowed to employ such
counsel as he may think fit to assist him in the conduct
of his cause.
All the essential parts of the proceedings of the said
courts shall be written down in the language of the
country in which the courts shall respectively reside.

ARTICLE IV.

The form of the process shall be as follows :-
The judges appointed by the two nations respectively
shall in the first place proceed to examine the papers of
the detained vessel, and to take the depositions of the
master or commander, and of two or three at least of
the principal individuals on board such vessel, as well
as the declaration on oath of the captor, should such
declaration appear necessary to enable them to judge
and to pronounce whether the said vessel had been
justly detained or not according to the stipulations of
the aforesaid Treaty, so that, according to the judg-
ment pronounced, the vessel may be condemned or
released.
In the event of the two judges not agreeing as to the
sentence which they ought to pronounce in any case
brought before them, either with respect to the legality
of the detention, the liability of the vessel to condem-
nation, or the compensation to be allowed, or as to any
other question which may arise out of the said capture;
or if any difference of opinion should arise between
them as to the mode of proceeding in the said court,
they shall draw by lot the name of one of the two arbi-
trators appointed as aforesaid, which arbitrator, after
having considered the proceedings which have taken
place, shall consult with the two above-mentioned judges,
and the final sentence or decision shall pronounced
conformably to the opinion of the majority of the three.






BOLIVIA.


ARTICLE V.
If the detained vessel shall be restored by the sentence
of the court, the vessel and the cargo, in the state in
which they shall then be found, shall forthwith be given
up to the master, or to the person who represents him ;
and such master or other person may, before the same
court, claim to have a valuation made in order to ascer-
tain the amount of the damages to which he shall be
entitled. The captor himself and in his default his
Government, shall remain responsible for the damages
which may definitively be pronounced to be due to the
master of such vessel, or to the owners of the vessel or
of her cargo.
The two High Contracting Parties bind themselves to
pay, within the term of a year from the date of the
sentence, the costs and damages which may be awarded
by the above-named court; it being mutually understood
and agreed that such costs and damages shall be made
good by the Government of the country of which the
captor shall be a subject or citizen.

ARTICLE VI.
If the detained vessel shall be condemned, she shall
be declared lawful prize, together with her cargo, of
whatever description it may be, with the exception of
the slaves who shall have been brought on board for the
purposes of commerce ; and the said vessel, in conformity
with the regulations in Article XI. of the Treaty of this
date, shall, as well as her cargo, be sold by public sale,
for the profit of the two Governments, subject to the
payment of the expenses herein-before mentioned.
The slaves shall receive from the court a certificate of
emancipation, and shall be delivered over to the Govern-
ment to whom belongs the cruizer which made the
capture, to be dealt with according to the regulations
and conditions contained in the annex to this Treaty,
sub literal C.
The charges incurred for the support and for the
return voyage of the commanders and crews of con-
demned vessels shall be defrayed by the Government of
which such commanders and crews are the subjects or
citizens.






BOLIVIA,


ARTICLE VII.
The Mixed Courts of Justice shall also take cognisance
of, and shall decide definitively and without appeal, all
claims for compensation on account of losses occasioned
to vessels and cargoes detained under the provisions of
this Treaty, but which shall not have been condemned
as legal prize by the said courts ; and in all cases
wherein restitution of such vessels and cargoes shall be
decreed (save. as mentioned in Article X. of the Treaty
to which these regulations form an annex, and in a sub-
sequent part of these regulations) the court shall award
to the claimant or claimants, or to his or their lawful
attorney or attorneys, for his or their use, a just and
complete indemnification for all costs of suit and for all
losses and damages which the owner or owners may have
actually sustained by such capture and detention, that is
to say :-
1. In case of total loss, the claimant or claimants shall
be indemnified :
a. For the ship, her tackle, equipment, and stores.
6. For all freights due and payable.
c. For the value of the cargo of merchandise, if any,
deducting all charges and expenses payable upon the sale
of such cargo, including commission of sale.
d. For all other regular charges in such case of total
loss.
2. In all other cases, not of total loss, save as herein-
after mentioned, the claimant or claimants shall be
indemnified:-
a. For all special damages and expenses occasioned to
the ship by the detention, and for loss of freight when
due or payable.
b. For demurrage, according to the schedule annexed
to the present article.
c. For any deterioration of the cargo.
d. For all premium of insurance on additional risks.
Further, the claimant or claimants shall be entitled to
interest at the rate of five per cent. per annum on the
sum awarded, until such sum is paid by the Government
to which the capturing ship belongs. The whole amount
of such indemnifications shall be calculated in the money
of the country to which the detained vessel belongs, and
shall be paid at the rate of exchange current at the time
of the award.







DOLIVIA.


The two High Contracting Parties, however, have,
agreed, that if it shall be proved to the satisfaction of the
judges of the two nations, and without recourse to the
decision of an arbitrator, that the captor has been led
into error by the fault of the master or commander of the
detained vessel, the detained vessel in that case shall not
have the right of receiving for the time of her detention
to demurrage stipulated by the present article, nor any
other compensation for losses, damages, or expenses con-
sequent upon such detention.
SCHEDULE of demurrage or daily allowance for a
vessel of-
100 to 120 tons inclusive 5 per diem.
1.21 to 150 ,, 6 ,
151 to 170 ,, 8 ,,
171 to 200 10
201 to 220 ,, 11
221 to 250 12
251 to 270 ,, -14 ,,
271 to 300 ,, 15
and so in proportion.

ARTICLE VIII.
Neither the judges, nor the arbitrators, nor the secre-
taries of the Mixed Courts of Justice, shall demand or
receive from any of the parties concerned in the cases
which shall be brought before such courts any emolument
or gift, under any pretext whatsoever, for the perform-
ance of the duties which such judges, arbitrators, and
secretaries have to perform.

ARTICLE IX
The two High Contracting Parties have agreed that
in the event of the death, sickness, absence on leave, or
other legal impediment of one or more of the judges or
arbitrators composing the above-mentioned courts respec-
tively, the post of such judge or of such arbitrator shall
be supplied ad interim in the following manner :-
1. On the part of Her Britannic Majesty, and in that
court which shall sit within the possessions of Her said
Majesty, if the vacancy be that of the British judge, his
place shall be filled by the British arbitrator; and either
in. that case, or if the vacancy be originally that of the






BOLIVIA.


British Arbitrator, the place of such arbitrator shall be
filled successively by the Governor or Lieutenant-
Governor resident in such possession, by the principal
magistrate of the same, and by the Secretary of the
Government and the said court, so constituted as above,
shall sit, and in all cases brou.7ht before them for adjudi-
cation shall proceed to adjudge the same, and to pass
sentence accordingly.
2. On the part of Great Britain, and in that court
which shall sit within the possessions of the Republic of
Bolivia, if the vacancy be that of the British Judge, his
place shall be filled by the British arbitrator : and either
in that case, or if the vacancy be originally that of the
British arbitrator, the place of British arbitrator shall
be filled successively by the British Consul and British
Vice-Consul, if there be a British Consul or British Vice-
Consul appointed to and resident in such possession, and
if the vacancy be both of the British judge and of the
British arbitrator, then the vacancy of the British judge
shall be filled by the British Consul, and that of the
British arbitrator by the British Vice-Consul, if there be
a British Consul and a British Vice-Consul appointed to
and resident in such possession; and if there shall be no
British Consul or British. Vice-Consul to fill the place of
British arbitrator, then the Bolivian arbitrator shall be
called in in those cases in which a British. aribitrator, if
there were any, would be called in; and in case the
vacancy I:e both of the British judge and British arbi-
trator, and there be neither British Consul nor British
Vice-Consul to fill ad interim the vacancies, then the
Bolivian judge and Bolivian arbitrator shall sit, and in
all cases brought before them for adjudication shall
proceed to adjudge the same, and pass sentence accord-
ingly.
3. On the part of the Republic of Bolivia, and in that
court which shall sit within the territories of the said
Republic, if the vacancy be that of the Bolivian judge,
his place shall be filled by the Bolivian arbitrator ; and
either in that case, or if the vacancy be originally that
of the Bolivian arbitrator, the place of such arbitrator
shall be filled successively by the highest civil authority
resident in such possession, by the principal magistrate
of the same, and by the secretary of the highest civil
authority ; and the said court, so constituted as above,
shall sit, and in all cases brought before them for adjudi-







BOLIVIA.


cation, shall proceed to adjudge the same, and pass
sentence accordingly.
4. On the part of the Republic of Bolivia, and in that
court which shall sit within the possessions of Her
Britannic Majesty, if the vacancy be that of the Bolivian
judge, his place shall be filled by the Bolivian arbitrator;
and either in that case, or if the vacancy be originally
that of the Bolivian arbitrator, the place of arbitrator
shall be filled successively by the Bolivian Consul and
Bolivian Vice-Consul, if there be a Bolivian Consul or
Vice-Consul appointed to and resident in such possession ;
and if the vacancy be both of the Bolivian judge and of
the Bolivian arbitrator, then the vacancy of the Bolivian
judge shall be filled by the Bolivian Consul, and that of
the Bolivian arbitrator by the Bolivian Vice-Consul, if
there be a Bolivian Consul and a Bolivian Vice-Consul
appointed to and resident in such possession; and in the
case in which there be no Bolivian Consul or Vice-
Consul to fill the place of Bolivian arbitrator, then the
British arbitrator shall be called in those cases in which
a Bolivian arbitrator would be called in; and in case
the vacancy be both of the Bolivian judge and Bolivian
arbitrator, and there be neither Bolivian Consul nor
Bolivian Vice-Consul to fill ad interim the vacancies,
then the British judge and British arbitrator shall sit,
and in all cases brought before them for adjudication
shall proceed to adjudge the same, and to pass sentence
accordingly.
The highest civil authority of the settlement wherein
either of the Mixed Courts of Justice shall sit, shall, in
the event of a vacancy arising either of the judge or the
arbitrator of the other High Contracting Party, forth-
with give notice of the same to the highest civil authority
of the nearest settlement of such other High Contracting
Party, in order that such vacancy may be supplied at the
earliest possible period; and each of the High Con-
tracting Parties agrees to supply definitively, as soon as
possible, the vacancies which may arise in the above-
mentioned courts from death or from any other cause
whatever.
The undersigned plenipotentiaries have agreed, in
conformity with the XIIIth Article of the Treaty signed
by them on this day, the twenty-fifth of September of
one thousand eight hundred and forty, that the preceding
regulations, consisting of nine articles, shall be annexed






BOLIVIA.


to the said Treaty, and considered as an integral part
thereof.
The'twenty-fifth day of September of one thousand
eight hundred and forty.
(L.S.) BELFORD HINTON WILSON.
(L.S.) JOSE MA LINARES.



ANNEX C.
REGULATIONS for the GooD TREATMENT of liberated
NEGROES.

ARTICLE I.
The object and spirit of these regulations is to secure
to negroes liberated by virtue of the stipulations of the
Treaty to which these regulations form an Annex
(marked C.), permanent good treatment, and full and
complete freedom, in conformity with the humane inten-
tions of the High Contracting Parties.

ARTICLE II.
immediatelyy after sentence of condemnation shall have
been passed by a Mixed Court of Justice established
under the Treaty to which these regulations form an
annex, on a vessel charged with being concerned in
illegal slave trade, all negroes who were brought on
board such vessel, and who were brought on board for
the purpose of traffic, shall be delivered over to the
Government to whom belongs the cruizer which made
the capture.
ARTICLE III.
If the cruizer which made the capture is British, the
British Government engages that the negroes shall be
treated in exact conformity with the laws in force in the
British colonies for the regulation of free or of emanci-
pated negroes.
ARTICLE IV.
If the cruizer which makes the capture is Bolivian,
then the negroes shall be delivered over to the Bolivian
authorities of that place in the dominions of the Republic







BOLIVIA.


of Bolivia in which the Mixed Court of Justice is
established; and the Bolivian Government solemnly
engages that such negroes shall there be treated strictly
according to the regulations actually in force in. the
Republic of Bolivia with respect to free negroes, or accor-
ding to such regulations as may in future be established
in the Republic of Bolivia in this respect, and which
regulations shall always have in view the humane object
of securing honestly and faithfully to emancipated
negroes the unmolested enjoyment of their liberty, good
treatment, a knowledge of the tenets of the Christian
religion, advancement in morality and civilisation, and
sufficient instruction in the mechanical arts in order that
the said emancipated negroes may be enabled to earn
their own subsistence, whether as artizans, mechanics, or
servants.
ARTICLE V.
For the purpose which is explained in Article VI.
there shall be kept in the office of .the principal civil
authority of the part of the possessions of the Republic
of Bolivia where the mixed Court of Justice resides a
register of all emancipated negroes, in which shall be
entered with scrupulous exactness the names given to the
negroes, the names of the vessels in which they were
captured, the names of the persons to whose care they
have been committed, and any other circumstances
likely to contribute to the end in view.

ARTICLE VI.

The register to which the preceding article refers
will serve to form a general return, which the highest
civil authority of that part of the possessions of the
Republic of Bolivia where the Mixed Court of Justice
resides shall be bound to deliver every six months to
the aforesaid Mixed Commission, in order to show the
existence of the negroes emancipated under this Treaty,
the improvement made in their condition, and the pro-
gress made in their religious and moral instruction, and
in the arts of life. The aforesaid return shall also specify
the names and descriptions of such of the emancipated
negroes as shall have died during the period for which
the return is made up.






BOLIVIA.


ARTICLE VII.
The High Contracting Parties agree that if in future
it should appear necessary to adopt new measures, in
consequence of those laid down in this annex turning
out inefficacious, the said High Contracting Parties will
consult together, and will agree upon other means better
adapted for the complete attainment of the objects pro-
posed.
ARTICLE VIII.
The undersigned Plenipotentiaries have agreed, in con-
formity with the XIIIth Article of the Treaty signed by
them on this day, the twenty-fifth of September of one
thousand eight hundred and forty, that this annex, con-
sisting of eight articles, shall be united to the said Treaty,
and be considered an integral part thereof.
The twenty-fifth day of September of one thousand
eight hundred and forty.
(L..) BELFORD HINTON WiLSON.
(L.S.) JOSE MA. LINARES.



ARTICLES' ADDITIONAL to the TREATY concluded this
twenty-fifth day of September of one thousand eight
hundred and forty, between HER BRITANNIC MAJESTY
and the REPUBLIC OF BOLIVIA, for the Suppression of
the Slave Trade.
ARTICLE I.
It is agreed and understood, that if there should be
any delay in appointing the judge and the arbitrator to
be nominated on the part of the Republic of Bolivia to
act in each of the Mixed Courts of Justice to be esta-
blished under this Treaty, or if those officers, after being
appointed, should at any time be absent, then and in
either of such cases the judge and arbitrator appointed
on the part of Her Britannic Majesty, and present in
the said courts, shall, in the absence of the Bolivian
judge and arbitrator, proceed to open the said courts,
and to adjudge such cases as may be brought before
them under the Treaty; and. the sentence pronounced
upon such cases by the said British judge and arbitrator







BOLIVIA.


shall have the same force and validity as if the judge
and the arbitrator on the part of Bolivia had been
appointed, and had been present and acting in the Mixed
Courts in the cases in question.
ARTICLE II.
It is also agreed, notwithstanding the provisions of
the first article of the Annex B., that so long as no
Bolivian judge and arbitrator is nominated it will be
unnecessary for the Republic of Bolivia to nominate the
secretary or actuary mentioned in the said article; that
in the meanwhile the secretary or actuary of the court
which may exist within the territory of the Republic of
Bolivia shall be named and paid by the Government of
Her Britannic Majesty, and that the entire expense of
both the courts to be established under this Treaty
shall be borne by the Government of Her Britannic
Majesty.
ARTICLE 11I.
If in the drawing up of this Treaty in the Spanish
language any involuntary error has been made in the
translation, the English text is to be adhered to.

The present additional articles shall form an integral
part of the Treaty for the suppression of slave trade
signed this day, and shall have the same force and
validity as if they were inserted, word for word, in that
Treaty; and shall be ratified and the ratifications shall
be exchanged at the same time.
In witness whereof the respective Plenipotentiaries
have signed the same, and have affixed thereto their
respective seals.
Done at Sucre, the twenty-fifth day of September
in the year of our Lord one thousand eight hundred and
forty.
(L.S.) BELFORD HINTON WILSON.
(L.S.) JOSE MA. LINARES.















BORNEO.


The Treaty Engagements in force between Great
Britain and Borneo for the Suppression of the Slave
Trade, to which your attention is particularly directed,
are :-
The Engagements contained in Articles IX. and XI.
of the Treaty, dated the 27th of May 1847.
You are authorized to exercise the powers of Visit, Treaty,
Search, and Detention over any Borneo Vessel, whether Art. Ix.
on the High Seas or in the Ports, Rivers, or Creeks
within the dominions of the Sultan of Borneo.
The Sultan of Borneo has waived in favour of Great Treaty,
Britain the right which he, as an independent Sovereign, Art. IX.
would naturally possess, to forbid British Cruizers from
exercising any act of authority over Vessels within the
Territorial Waters of his dominions. Accordingly, for
the purpose of exercising such powers of Visit, Search,
and Detention as are vested in you by virtue of any
Treaty or Act of Parliament, the Territorial Waters of
Borneo are to be deemed the High Seas.
The Authority for the Visit and Search of a Borneo
Vessel is contained in Article IX of the Treaty, page 50.
The proper Port of Adjudication for a Borneo Vessel Treaty,
is the nearest or most accessible Port at which a British Art. xr.
Admiralty, Vice-Admiralty, or Consular Court or Colonial
Court of Admiralty having Slave Trade jurisdiction is
established.


VOL. II.


~~






BORNEO.


BORNEO.


TREATY Of FRIENDSHIP and COMMERCE between HER
MAJESTY and the SULTAN Of BORNEO, signed in the
English and Malay Languages, May 27, 1847.
Her Majesty the Queen of the United Kingdom of
Great Britain and Ireland being desirous to encourage
commerce between Her Majesty's subjects and the
subjects of the independent Princes of the Eastern Seas
and to put an end to piracies which have hitherto
obstructed that commerce, and His Highness Omar Ali
Saifadeen, who sits upon the throne and rules the terri-
tories of Borneo, being animated by corresponding dis-
positions, and being desirous to co-operate in any mea-
sures which may be necessary for the attainment of the
above-mentioned objects, Her said Britannic Majesty and
the Sultan of Borneo have agreed to record their deter-
mination in these respects by a Convention containing
the following articles:-


ARTICLE IX.
Her Majesty the Queen of the United Kingdom of
Great Britain and Ireland and the Sultan of Borneo.
hereby engage to use every means in their power for the
suppression of piracy within the seas, straits, and rivers
subject to their respective control or influence; and His.
Highness the Sultan of Borneo engages not to grant
either asylum or protection to any persons or vessels
engaged in piratical pursuits, and in no case will he
permit ships, slaves, or merchandise captured by pirates.
to be introduced into his dominions, or to be exposed
therein for sale; and Her Britannic Majesty claims, and
His Highness the Sultan of Borneo concedes to Her
Majesty, the right of investing her officers and other
duly constituted authorities with the power of entering-
at all times, with her vessels of war, or other vessels.
duly empowered, the ports, rivers, and creeks within the-







BORNEO.


dominions of His Highness the Sultan of Borneo, in
order to capture all vessels engaged in piracy or slave-
dealing, and to seize, and to reserve for the judgment of
the proper authorities, all persons offending against the
Two Contracting Powers in these respects.


ARTICLE XI.
Her Britannic Majesty being greatly desirous of effect-
ing the total abolition of the trade in slaves, His Highness
the Sultan of Borneo, in compliance with Her Majesty's
wish, engages to suppress all such traffic on the part of
his subjects, and to prohibit all persons residing within
his dominions or subject to him from countenancing or
taking any share in such trade ; and His Highness
further consents that all subjects of His Highness who
may be found to be engaged in the slave trade may,
together with their vessels, be dealt with by the cruizers
of Her Britannic Majesty as if such persons and their
vessels had been engaged in a piratical undertaking.

ARTICLE XII.
This Treaty shall be ratified, and the ratifications
thereof shall be exchanged at Brunei, within twelve
months after this date.
This twenty-seventh day of May 1847.


JAMES BROOKE. (L.S.)
The
Seal of the
\ Sultan.


VOL. II.







BRAZIL


BRAZIL.


The only Treaty Engagement in force between Great
Britain and Brazil for the Suppression of the Slave
Trade is--
The First Article of the Convention, dated the 23rd of
November, 1826.
You will not exercise any powers of Visit, Search, or
Detention over Brazilian Vessels under this Article,
and will confine yourself to reporting to Her Majesty's
Government and to Her Majesty's Diplomatic Repre-
sentative in Brazil any suspicious circumstances which
may lead you to suppose that Slaves are being conveyed
razilian Vessels.










BRAZIL.


CONVENTION"' between His MAJESTY and the EMPEROR
of BRAZIL for the Abolition of the African Slave
Trade.-Signed at Rio de Janeiro, November 23,
1826.
Ratifications exchanged ct London, March 13, 1827.
WHEREAS upon the separation of the empire of Brazil
from the kingdom of Portugal His Majesty the King of
the United Kingdom of Great Britain and Ireland and
His Majesty the Emperor of Brazil respectively acknow-
ledged the obligation which devolved upon them to renew,
confirm, and give full effect to the stipulations of the
Treaties subsisting between the Crowns of Great Britain
and Portugal for the regulation and final abolition of the
African Slave Trade, in so far as these stipulations are
binding upon Brazil:
And whereas, in furtherance of that important object,
His Majesty the King of the United Kingdom of Great
Britain and Ireland and His Majesty the Emperor of
Brazil are animated with a sincere desire to fix and
define the period at which the total abolition of the said
trade, so far as relates to the dominions and subjects of
the Brazilian empire, shall take place, their said Majes-
ties have accordingly named as their Plenipotentiaries
to conclude a convention for this purpose; that is to
say,-
His Majesty the King of the United Kingdom of
Great Britain and Ireland, the Right Honourable Robert
Gordon, a member of His Majesty's Most Honourable
Privy Council, and His EnvoyExtraordinary and Minister
Plenipotentiary at the Court of Brazil; and His Majesty
the Emperor of Brazil, the Most Illustrous and Most
Excellent Marquis of Inhanbupe, Senator of the Empire,
of the Council of State, )ignitary of the Imperial Order
of the Cross, Commander of the Order of Christ, and
Minister and Secretary of State for Foreign Affairs;
and the Most Illustrious and Most Excellent Marquis of

Confirmed by Acf of Parliament, 7 & 8 Geo. IV. c. 74.






BRAZIL.


Santo Amaro, Senator of the Empire, of the Council of
State, Gentleman of the Imperial Chamber, Dignitary of
the Imperial Order of the Cross, and Commander of the
Orders of Christ and of the Tower and Sword;
Who, after having communicated to each other their
respective full powers, found to be in due and proper
form, have agreed upon and concluded the following
articles :-
ARTICLE I.
At the expiration of three years, to be reckoned from
the exchange of the ratifications of the present Treaty,
it shall not be lawful for the subjects of the Emperor of
Brazil to be concerned in the carrying on of the African
Slave Trade, under any pretext or in any manner what-
ever, and the carrying on of such trade after that period,
by any person, subject of His Imperial Majesty, shall be
deemed and treated as piracy.


In witness whereof the respective Plenipotentiaries
have signed the same, and have affixed thereto the seals
of their arms.
Done at Rio de Janeiro the 23rd day of November in
the year of our Lord 1826.
(L.s.) RoBT. GORDON. (L.S.) T,.\.'...UEUZ DE INHAMBUPE.
(L.S.) MARQUEZ DE S. AMARO.













CHILE.


The Treaty Engagements in force between Great
Britain and Chile for the Suppression of the Slave
Trade, to which your attention is particularly directed,
are :-
The Treaty, dated the 19th of January, 1839, and the
Annexes A., B., and C. thereto;
The additional Articles thereto of the same date;
An additional and explanatory Convention, dated the
7th of August, 1841.
The Limits within which you are authorised to exercise Coa. Art. II.
the powers of Visit, Search, and Detention over Chilian
Vessels are :-
(1.) Along the Western Coast of Africa, from the For-
tieth Degree of South Latitude to the Twenty-
fifth Dcgree of North La:titude, and to the
Twenty-seventh Degree of West Loagitude,
calculated from the Meridian of Greenwich.
(2.) Within 20 leagues from the Coast of Mada-
gascar.
(3.) Within 20 leagues from the Coast of Cuba.
(4.) Within 20 leagues from the Coast of Porto
Rico.
(5.) Within 20 leagues from the Coast of Brazil.
You are likewise authorised to exercise the same
powers over any Vessel beyond the Limit of 20 Leagues,
provided she was within the Lumnl when you first began
to chase her, and provided you did not lose sight of her
during the chase.
If you have reason to suspect that a Vessel sailing Treaty,
under the Escort or Convoy of a Chilian Cruizer is Art;.., 3.
engaged in or equipped for the Slave Trade, you will
communicate your suspicions to the Commander of the
Convoy, and offer to accompany him in a visit to the
suspected Vessel. If your suspicions of the Vessel
prove to be well founded, you will detain her, provided







CHILE.


that, by reason of her Nationality, she is subject to your
authority. You will be careful, however, so far as may
be compatible with the execution of your duty, to act
with the concurrence of the Commander of the Convoy,
and you are authorized to call upon him for any assis-
tance that you may require. In like manner, if a Com-
mander.of a Chilian Ship, duly authorised under this
Treaty, communicates to you his suspicions that a vessel
under your Convoy is engaged in or equipped for the
Slave Trade, you will invite him to accompany you in
a visit to the suspected Vessel; and you will take care
that the visit is conducted in a strict and satisfactory
manner. In the event of the suspicions proving to be
well founded, you will give every facility for the Deten-
tion of the Vessel by the Chilian Commander. You
will by the first opportunity send a full Report of the
Case, together with your own remarks thereon, to the
Senior Officer of your Division, and a Duplicate thereof
to the Secretary of the Admiralty.
Annex A., The Visit and Search of a Chilian Vessel shall, not
Art. In. be made by an Officer of a Rank lower than that of
Lieutenant, unless he is at the time second in command
of the Ship.
Annex A., The Authority for the Visit and Search of a Chilian
Art. I. Vessel is the Copy of Annex A. to the Treaty which you
will find at page 65.
Annex A., Copies of the Certificates, Nos. 3 and 4" respectively,
Art. III. required to be made on the Detention of a Vessel, shall
be delivered to the Master.
Treaty, The proper Port of Adjudication for a Chilian Vessel
Art. vII. is Sierra Leone, that being at present the only Port at
which there is a Mixed Court of Justice established in
pursuance of the Treaty.
Annex A. A copy of the Certificate No. 9,* required to be made on
t. IV. the removal of any Person or Article from the Detained
Vessel, shall be inserted on her Log Book.
Annex A. The Slaves shall not be landed at the Port of Adjudi-
Art. IV. cation until permission has been obtained from the
Mixed Court of Justice.


* See Appendix to General Instructions, Vol. I., page 21.











CHILE.


TREATY* between HER MAJESTY and the REPUBLIC of
CHILE for the Abolition of Trafic in Slaves. Signed
at Santiago, January [9, 1839.
Ratifications exchanged at Santiago, August 6, 1842.
In the Name of the Most Holy Trinity.
Her Majesty the Queen of the United Kingdom of
Great Britain and Ireland, and his Excellency the
President of the Republic of Chile, being mutually
animated by a sincere desire to co-operate for the utter
extinction of the barbarous traffic in slaves, have resolved
to proceed to the conclusion of a Treaty for the special
purpose of immediately attaining this object, and have
respectively named, for this purpose, as their plenipo-
tentiaries, to wit:-
Her Majesty the Queen of the United Kingdom of
Great Britain and Ireland, the Honourable John
Walpole, Her Britannic Majesty's Consul-General in the
Republic of Chile;
And the Republic of Chile, Don Joaquin Torconal,
Minister of State for Foreign Affairs and Finance;
Who, having duly communicated to each other their
respective full powers, and found them to be in proper
form, have agreed upon and concluded the following
articles :
ARTICLE I.
The slave trade, having been constitutionally abolished
throughout the territories of the Chilian Republic, is
hereby declared to be henceforward totally prohibited
to all the citizens of the said Republic in all parts of the
world.
ARTICLE II.
The President of the Republic of Chile especially
engages within the space of two months after the

Confirmed by Act of. Parliament, 6 & 7 Vict. 52.







CHILE.


exchange of the ratifications, should the ordinary Con-
gress then be in session, or within two months after the
first subsequent ordinary meeting of the said Congress,
to promulgate a law imposing the punishment attached
to piracy on all C'lil; ii citizens who shall, under any
colour or pretext, take any part whatever in the traffic
in slaves; and he, in like manner, engages to adopt from
time to time, as may become needful, the most effectual
measures for preventing the citizens of the said Republic
of Chile from being concerned, and the flag of that
Republic from being used, in carrying on in any way
the traffic in slaves.

ARTICLE III.
Her Majesty the Queen of the United Kingdom of
Great Britain and Ireland, and the President of the
Republic of Chile, hereby mutually engage, that, by an
Additional Convention, hereafter to be concluded between
the said High Contracting Parties to the present Treaty,
they will concert and settle the details of the measures
by which the law of piracy, which will become applicable
to that traffic by the legislation of each of the two
countries, shall be immediately and reciprocally carried
into execution with respect to the vessels and subjects or
citizens of each.

ARTICLE IV.
In order more completely to carry into effect the spirit
of the present Treaty, the Two High Contracting Parties
mutually consent that those ships of their navies respec-
tively which shall be provided with special instructions
for that purpose, as herein-after mentioned, may visit
such merchant vessels of the two nations as may be
suspected upon reasonable grounds of being engaged in
the traffic in slaves, or of having been fitted out for the
purposes thereof, or of having, during the .:.-,-:.; in
which they are met by the said cruizers, been engaged
in the traffic in slaves, contrary to the provisions of this
Treaty; and that such cruizers may detain and send or
carry away such vessels, in order that they may be
brought to trial in the manner herein-after agreed
upon.






CHILE.


ARTICLE V.
In order to regulate the mode of carrying the pro-
visions of the preceding article into execution, it is
agreed:-
First.-That all ships of the navies of the two nations
which shall be hereafter employed to prevent the traffic
in slaves shall be furnished by their respective. Govern-
ments with a copy, in the English and Spanish languages,
of the present Treaty; of the instructions for cruizers
annexed thereto, sub literal A; and of the regulations
for the Mixed Courts of Justice annexed thereto, sub
literA B.; which annexes shall be considered as an
integral part of the Treaty.
Secondly.-That each of the High Contracting Parties
shall from time to time communicate to the other the
names of the several ships furnished with such instruc-
tions, the force of each ship, and the names of their
several commanders.
Thirdly.--That if at any time there shall be just cause
to suspect that any merchant vessel, sailing under the
flag of either nation, and proceeding under the convoy
of any ship or ships of war of either of the Contracting
Parties, is engaged or is intended to be engaged in the
traffic in slaves, or is fitted out for the purposes thereof,
or has during the voyage on which she may be met with
been engaged in the traffic in slaves, it shall be lawful
for the commander of any ship of the navy of either of
the two High Contracting Parties, furnished with such
instructions as aforesaid, to visit such merchant vessel;
and such commander shall proceed to visit the same,
in communication with the commanding officer of the
convoy, who, it is hereby agreed, shall give every facility
to the visit, and to the eventual detention of such
merchant vessel, and in all things shall assist to the
utmost of his power in the due execution of the present
Treaty, according to the true intent and meaning
thereof.
Fourthly.-It is further mutually agreed, that the
commanders of the ships of the two navies respectively
who shall be employed on this service shall adhere
strictly to the exact tenor of the aforesaid instructions.







CHILE.


ARTICLE VI.
As the two preceding articles are entirely reciprocal,
the two High Contracting Parties engage mutually to
make good any losses which their respective subjects
or citizens may incur by the arbitrary and illegal
detention of their vessels; it being understood that this
indemnity shall invariably be borne by the Government
whose cruizer shall have been guilty of such arbitrary
and illegal detention; and that the visit and detention
of vessels specified in Article IV. of this Treaty shall
only be effected by those British or Chilian ships which
may form part of the navies (royal and national) respec-
tively of the two High Contracting Parties to the Treaty,
and by such ships only of those navies as shall be pro-
vided with the special instructions annexed to the
present Treaty, in pursuance of the provisions thereof.
The compensation for damages, of which this article
treats, shall be made within the term of one year,
reckoned from the day on which the Mixed Court of
Justice pronounces sentence on the vessel for the deten-
tion of which such compensation is claimed.

ARTICLE VII.
In order to bring to adjudication with as little delay
and inconvenience as possible the vessels which may be
detained according to the tenor of Article IV. of this
Treaty, there shall be established, within the space of a
year at furthest from the exchange of the ratifications of
the present Treaty, two Mixed Courts of Justice formed
of an equal number of individuals of the two nations
named for this purpose by the two High Contracting
Parties respectively.
These courts shall reside, one in a possession belonging
to Her Britannic Majesty, the other within the territories
of the Republic of Chile; and the two Governments, at
the period of the exchange of the ratifications of the
present Treaty, shall declare, each for its own territories,
in what places the courts shall respectively reside; each
of the two High Contracting Parties reserving to itself
the right of changing, at its pleasure, the place of resi-
dence of the court held within its own territories; pro-
vided, however, that one of the two courts shall always






CHILE.


be held upon the coast of Africa, and the other in one of
the possessions of the Republic of Chile.
These courts shall judge the causes submitted to
them, according to the provisions of the present Treaty,
without appeal, and. according to the regulations and
instructions which are annexed to the present Treaty,
and which are considered as forming an integral part
thereof.
ARTICLE VIII.
If the commanding officer of any of the ships of the
navies of Great Britain and of Chile respectively, duly
commissioned according to the provisions of Article IV.
of this Treaty, shall deviate in any respect from the
stipulations of the said Treaty, or from the instructions
annexed to it, the Government which shall conceive
itself to be wronged thereby shall be entitled to demand
reparation; and in such case the Government to which
such commanding officer may belong binds itself to
cause inquiry to be made into the subject of the
complaint, and to inflict upon the said officer a punish-
ment proportioned to any wilful transgression which he
may have committed.

ARTICLE IX.
It is hereby further mutually agreed, that every
merchant vessel, British or Ch;il.I,, which shall be
visited by virtue of the present Treaty, may lawfully
be detained, and be sent or brought before the Mixed
Courts of Justice established in pursuance of the provi-
sions thereof, if in her equipment there shall be found
any of the things herein-after mentioned, namely:-
First, hatches with open gratings, instead of the close
hatches which are used in merchant vessels.
Secondly, divisions or bulkheads in the hold or on
deck in a greater number than are necessary for vessels
engaged in lawful trade.
Thirdly, spare plank, fitted for being laid down as a
second or slave deck.
Fourthly, shackles, bolts, or handcuffs.
Fifthly, a larger quantity of water, in casks or in
tanks, than is requisite for the consumption of the crew
of the vessel as a merchant vessel.






CHILE.


Sixthly, an extraordinary number of water casks, or
of other vessels for holding liquids; unless the master
shall produce a certificate from the Custom House at the
place from which he cleared outwards, stating that a
sufficient security had been given by the owners of such
merchant vessel that such extra quantity of casks or of
other vessels should. only be used for the reception of
palm oil, or for other purposes of lawful commerce.
Seventhly, a greater quantity of mess tubs or kids
than are requisite for the use of the crew of the vessel
as a merchant vessel.
Eighthly, a boiler of an unusual size, and larger, or
fitted for being made larger, than is requisite for the
use of the crew of the vessel, as a merchant vessel; or
more than one boiler of the ordinary size.
Ninthly, an extraordinary quantity either of rice; of
the flour of Brazil, manioc, or cassada, commonly called
farinha; of maize or Indian corn; or of any other
article of food whatever, beyond what might probably
be required for the use of the crew, such rice, flour,
maize, Indian corn, or other article of food not being
entered on the manifest as part of the cargo for trade.
Tenthly, a quantity of mats or matting greater than
is necessary for the use of the crew of the vessel as a
merchant vessel.
Any one or more of these several things, if proved,
shall be considered as prima facie evidence of the actual
employment of the vessel in the slave trade; and the
vessel shall thereupon be condemned and be declared
lawful prize, unless clear and incontestable evidence on
the part of the master or owners shall establish to the
satisfaction of the court that such vessel was, at the
time of her detention or capture, employed in some legal
pursuit, and that such of the several things above
enumerated as weie found on board her at the time of
her detention, or had been put on board on the voyage
on which the vessel, when captured, was proceeding,
were needed for legal purposes on that particular
voyage.

ARTICLE X.

If any of the things specified in the preceding article
shall be found in any merchant vessel, no compensation
for losses, damages, or expenses consequent upon the






CHILE.


detention of such vessel shall in any case be granted,
either to her master or to her owner or to any other
person interested in her equipment or lading,, even though
the Mixed Court of Justice should not pronounce any
sentence of condemnation in consequence of her deten-
tion ; the intention of the two High Contracting Parties,
in agreeing to the stipulation, being to discourage, by
all the means at their disposal, the embarkation of stores
of the class enumerated in the foregoing article, under
any pretext or for whatever purpose they may be
intended, and which, though discovered- on board of a
vessel not actually engaged or to be employed in the
traffic in slaves, may be surreptitiously converted to the
furtherance of the iniquitous designs of those who are or
may hereafter be so, in contravention of the provisions of
this Treaty.

ARTICLE XI.

It is hereby agreed between the two High Contracting
Parties, that in all cases in which a vessel shall be de-
tained under this Treaty by their respective cruizers, as
having been engaged in the slave trade, or as having been
fitted out for the purposes thereof, and shall consequently
be adjudged and condemned by the Mixed Courts of
Justice to be established as aforesaid, the said vessel shall,
immediately after its condemnation, be broken up entirely,
and shall be sold in separate parts, after having been so
broken up.

ARTICLE XII.
The negroes who are found on board of a vessel
detained by a cruizer, and condemned by the Mixed
Courts of Justice, in conformity with the stipulations of
this Treaty, shall be placed, at the disposition of the
Government whose cruizer has made the capture, on the
distinct understanding that they shall be immediately
set at liberty and kept free ; the Government to which
they have been delivered guaranteeing the same, and
likewise engaging to afford from time to time, and when-
ever demanded by the other High Contracting Party,
the fullest information as to the state and condition of
such negroes, with a view of ensuring the due execution
of the Treaty in this respect.






CHILE.


For this purpose, the regulations annexed to this
Treaty, sub litert C., as to the treatment of negroes
liberated by sentence of the Mixed Courts of Justice,
have been drawn up, and are declared to form an integral
part of this Treaty. The two High Contracting Parties
reserve to themselves the right to alter or suspend, by
common consent and mutual agreement, but not other-
wise, the terms and tenor of such regulations.

ARTICLE XIII.
The acts or instruments annexed to the Treaty, and
which it is mutually agreed shall form an integral part
thereof, are as follow:
a. Instructions for the ships of the navies of both
nations destined to prevent the traffic in slaves.
b. Regulations for the Mixed Courts of Justice which
are to hold their sittings on the coast of Africa and in
one of the possessions of the Republic of Chile.
c. Regulations as to the treatment of liberated negroes.

ARTICLE XIV.
The present Treaty, consisting of fourteen articles, shall
be ratified, and the ratifications thereof exchanged at
Santiago, as soon as possible within the space of twelve
months from this date.
In witness whereof the respective Plenipotentiaries
have signed, in triplicate originals, English and Spanish,
the present Treaty, and have thereunto affixed the seal
of their arms.
Done at Santiago de Chile, this nineteenth day of
January in the year of our Lord one thousand eight hun-
dred and thirty-nine.
(L.S.) JOHN WALPOLE.
(L.S.) JOAQUIN TOCORNAL.






CHILE.


ANNEX A. to the TREATY between GREAT BRITAIN and
the REPUBLIC of CHILE for the Abolition of the
Traffic in SLAVES.
Instructions for the Ships of the British and Chilian
Navies employed to prevent the Trafic in Slaves.

ARTICLE I.
The commander of any ship belonging to the navy of
Her Britannic Majesty or of the Republic of Chile which
shall be furnished with these instructions shall have a
right to visit, search, and detain any British or Chilian
merchant vessel which shall be actually engaged or which
shall be suspected to be engaged in the slave trade, or to
be fitted out for the purposes thereof, or to have been
engaged in the traffic in slaves during the voyage in
which she may be met with by such ship of the British
or Chilian navy; and such commander shall thereupon
bring or send such merchant vessel, as soon as possible,
for judgment before that one of the two Mixed Courts
of Justice established in virtue of Article VII. of the
said Treaty which shall be the nearest to the place of
detention, or which such commander shall, upon his
own responsibility, think can be soonest reached from
such place.
ARTICLE II.
Whenever a ship of either of the said navies, duly
authorised as aforesaid, shall meet a merchantman liable
to be visited under the provisions of the said Treaty, the
search shall be conducted in the mildest manner, and
with every attention which ought to be observed between
allied and friendly nations; and the search shall in all
cases be made by an officer holding a rank not lower than
that of lieutenant in the navy of Great Britain or Chile
respectively (unless the command shall, by reason of
death or otherwise, be held by an officer of inferior
rank), or by the officer who at the time shall be second
in command of the ship by which such search is made.

ARTICLE 111.
The commander of any ship of the two navies, duly
authorised as aforesaid, who may detain any merchant
VOL. II. F






CHILE.


vessel in pursuance of the tenor of the present in-
structions, shall leave on board the vessel so detained the
master, the mate, or boatswain, and two or three at least
of the crew thereof, the whole of the slaves, if any, and
all the cargo.
The captor shall at the time of detention draw up in
writing an authentic declaration, which shall exhibit the
state in which he found the detained vessel, such
declaration to be signed by himself, and to be given in
or sent, together with the captured vessel, to the Mixed
Court of Justice before which such vessel shall be carried
or sent for adjudication.
He shall deliver to the master of the detained vessel
a certified list of the papers seized on board the same,
as well as of the number of slaves found on board at the
moment of detention.
In the authenticated declaration which the captor is
hereby required to make, as well as in the certified list
of the papers seized, he shall insert his own name, the
name of the capturing ship, the latitude and longitude
of the place where the detention shall have taken place,
and the number of slaves found on board the vessel at
the time of the detention.
The officer in charge of the vessel detained shall, at
the time of his bringing the vessel's papers into the
Mixed Court of Justice, deliver in to the court a paper,
signed by himself, and verified on oath, stating 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 paper-
ARTICLE IV.
The slaves shall not be disembarked till after the
vessel which contains them shall have arrived at the
place of adjudication, in order that, in the event of
the vessel not being adjudged legal prize, the loss of the
proprietors may be more easily repaired; and even after
the slaves have arrived at such place they are not to
be landed without the permission of the Mixed Court
of Justice
But if urgent reasons, deduced from the length of the
voyage, from the state of health of the slaves, or from
ether causes, should require that either the whole or a
portion of the negroes should be disembarked before the






CHILE]


vessel can arrive at the place at which one of the said
courts is established, the commander of the capturing
ship may take upon himself the responsibility of so
disembarking the negroes, provided that such necessity,
and the causes thereof, be stated in a certificate in
proper form, and that this certificate be entered at the
time on the log-book of the detained vessel.

The undersigned Plenipotentiaries have agreed, in
conformity with Article XIII. of the Treaty signed by
them on this day, the nineteenth of January 1839,
that the preceding instructions, consisting of four
articles, shall be annexed to the said Treaty, and be
considered as an integral part thereof.
The nineteenth day of January one thousand eight
hundred and thirty-nine.
(L.S.) JOHN WALPOLE.
(L.S.) JOAQUIN TOCORNAL.

ANNEX B. to the TREATY between GREAT BRITAIN and
the REPUBLIC Of CHILE for the Abolition of the
Traffic in Slaves.
Regulations for the l;.I., Courts of Justice which are
to reside on the Coast of Africa and in the Posses-
sions of the Republic of Chile.
ARTICLE I.
The Mixed Courts of Justice to be established under
the provisions of the Treaty, of which these regulations
are declared to be an integral part, shall be composed
in the following manner: Each of the two High Con-
tracting Parties shall name a judge and an arbitrator,
who shall be authorised to hear and to decide without
appeal all cases of the capture or detention of vessels
which, in pursuance of the stipulations of the aforesaid
Treaty, shall be brought before them. The judges and
the arbitrators shall, before entering upon the duties
of their office, respectively make oath before the prin-
cipal magistrate of the places in which such courts
respectively shall reside, that they will judge fairly and
faithfully; that they will have no preference either for
the claimants or the captors; and that they will act, in
all their decisions, in pursuance of the stipulations of
the aforesaid Treaty,
VOL. II. 2







CHILE.


There shall be attached to each of such courts a
secretary or registrar, who shall be appointed by the
Government of the country within the territories of
which such courts shall reside. Such secretary or
registrar shall register all the acts of such court, and
shall, before he enters upon his office, make oath before
the court to which he is appointed that he will conduct
himself with due respect for its authority, and will act
with fidelity and impartiality in all matters relating to
the said office.
The salary of the secretary or registrar of the court
to be established on the coast of Africa shall be paid by
Her Britannic Majesty, and that of the secretary or
registrar of the court to be established in the possessions
of the Republic of Chile shall be paid by the Govern-
ment of that republic.
Each of the Governments shall defray half of the
aggregate amount of the incidental expenses of such
courts.
ARTICLE II.
The expenses incurred by the officer charged with the
reception, maintenance, and care of the detained vessel,
slaves, and cargo, and with the execution of the sentence,
and all disbursements occasioned by bringing a vessel
to adjudication, shall, in case of condemnation, be
defrayed from the funds arising from the sale of the
materials of the broken-up vessel, of the ship's stores,
and of such parts of the cargo as shall consist of
merchandise. And in case the proceeds arising from
this sale should not prove sufficient to defray such
expenses, the deficiency shall be made good by the
Government of the country within whose territories the
adjudication shall have taken place.
If the detained vessel shall be released, the expenses
occasioned by bringing her to adjudication shall be
defrayed by the captor, except in the cases specified and
otherwise provided for under Article X. of the Treaty
to which these regulations form an Annex, and under
Article VII. of these regulations.

ARTICLE IlI.
The Mixed Courts of Justice are to decide upon the
legality of the detention of such vessels as the cruizers






CHILE.


of either nation shall, in pursuance of the said Treaty,
detain.
These courts shall adjudge definitively, and without
appeal, all questions which shall arise out of the capture
and detention of such vessels.
The proceedings of these courts shall take place with
as little delay as possible; and for this purpose the
courts are required to decide each case, as far as may
be practicable, within the space of twenty days, to be
dated from the day on which the detained vessel shall
have been brought into the port where the deciding court
shall reside.
The final sentence shall not in any case be delayed
beyond the period of two months, whether on account
of the absence of witnesses or for any other cause, except
upon the application of any of the parties interested,
in which case, upon- such party or parties giving satis-
factory security that they will take upon themselves the
expense and risks of the delay, the courts may, at their
discretion, grant an additional delay, not exceeding four
months. Either party shall be allowed to employ such
counsel as he may think fit to assist him in the conduct
of his cause.
All the essential parts of the proceedings of the said
courts shall be written down in the language of the
country in which the courts shall respectively reside.

ARTICLE IV.
The form of the process shall be as follows :--
The judges appointed by the two nations respectively
shall in the first place, proceed to examine the papers
of the detained vessel, and to take the depositions of
the master or commander, and of two or three at least
of the principal individuals on board such vessel, as
well as the declaration on oath of the captor, should
such declaration appear necessary to enable them to
judge and to pronounce whether the said vessel has been
justly detained or not, according to the stipulations of
the aforesaid Treaty, so that, according to the judgment
pronounced, the vessel may be condemned or released.
In the event of the two judges not agreeing as to the
sentence which they ought to pronounce, in any case
brought before them, either with respect to the legality
of the detention, or the liability of the vessel to con-







CHILE.


demnation, or the compensation to be allowed, or .as
to any other question which may arise out of the said
capture, or if any difference of opinion should arise
between them as to the mode of proceeding in the said
court, they shall draw by lot the name of one of the two
arbitrators appointed as aforesaid, which arbitrator,
after having considered the proceedings which have
taken place, shall consult with the two above-mentioned
judges, and the final sentence or decision shall be pro-
nounced conformably to the opinion of the majority of
the three.

ARTICLE V.
If the detained vessel shall be restored by the sentence
of the court, the vessel and the cargo, in the state in
which they shall be then found, shall forthwith be given
up to the master or the person who represents him; and
such master or other person may, before the same court,
claim to have a valuation made in order to ascertain
the amount of the damages to which he shall be entitled.
The captor himself, and in his default, his Government,
shall remain responsible for the damages which may
definitively be pronounced to be due to the master of
such vessel, or to the owner of the vessel or of her
cargo.
The two High Contracting Parties bind themselves to
pay, within the term of a year from the date of the
sentence, the costs and damages which may be awarded
by the above-named court, it being mutually understood
and agreed that such costs and damages shall be made
good by the Government of the country of which the
captor shall be a subject or citizen.

ARTICLE VI
If the detained vessel shall be condemned, she shall
be declared lawful prize, together with her cargo, of
whatever description it may be, with the exception of
the slaves who shall have been brought on board for
the purpose of commerce: and the said vessel, in con-
formity with the regulations in Article XI. of the Treaty
of this date, shall, as well as her cargo, be sold by public
sale for the profit of the two Governments, subject to
the payment of the expenses herein-before mentioned.






CHI LE.


The slaves shall receive from the court a c itrtiiua-L
of' emancipation, and shall be delivered over to the
Government to whom belongs the cruizer which miade
the capture, to be dealt with according to the regulations
and conditions contained in the Annex to this Treaty
sub literA C.
The charges incurred for the support and for the
return voyage of the commanders and crews of con-
demned vessels shall be defrayed by the Government
of which such commanders and crews are the subjects
or citizens.
ARTICLE VII.
The Mixed Courts of Justice shall also take cognisance
of and shall decide definitively and without appeal all
claims for compensation on account of losses occasioned
to vessels and cargoes detained under the provisions of
this Treaty, but which shall not have been condemned as
legal prize by the said courts; and in all cases wherein
restitution of such vessels and cargoes shall be decreed
(save as mentioned in Article X. of the Treaty to which
these regulations form an Annex, and in a subsequent
part of these regulations), the court shall award to the
claimant or claimants, or to his or their lawful attorney
or attorneys, for his or their use, a just and complete
indemnification for all costs of suit, and for all losses
and damages which the owner or owners may have
actually sustained by such capture and detention, that is
to say:-
First, in case of total loss, the claimant or claimants
shall be indemnified,-
A. For her ship, her tackle, equipment, and stores.
B. For all freights due and payable.
C. For the value of the cargo of merchandise, if any,
deducting all charges and expenses payable upon the
sale of such cargo, including commission of sale.
D. For all other regular charges in such case of total
loss.
Secondly. In all other cases not of total loss, save as
herein-after mentioned, the claimant or claimants shall
be indemnified,--
A. For all special damages and expenses occasioned
to .the ship by the detention, and for loss of freight
when due or payable.






CHILE.


B. For demurrage, according to the schedule annexed
to the present article.
C. For any deterioration of the cargo.
D. For all premium of insurance on additional risk.
Further, the claimant or claimants shall be entitled to
interest at the rate of five per cent. per annum on the
sum awarded until such sum is paid by the Government
to which the capturing ship belongs. The whole amount
of such indemnifications shall be calculated in the money
of the country to which the detained vessel belongs, and
shall be paid at the rate of exchange current at the
time of the award.
The two High Contracting Parties, however, have
agreed, that if it shall be proved to the satisfaction of
the judges of the two nations, and without recourse
to the decision of an arbitrator, that the captor has been
led into error by the fault of the master or commander of
the detained vessel, the detained vessel in that case shall
not have the right of receiving, for the time of her
detention, the demurrage stipulated by the present
article, nor any other compensation for losses, damages,
or expenses consequent on such detention.
SCHEDULE of demurrage or daily allowance for a vessel
of-
100 to 120 tons inclusive 5 per diem.
121 to 150 ,, 6 ,,
151 to 170 ,, 8
171 to 200 ,, 10
201 to 220 ,, 11
221 to 250 ,, 12
251 to 270 ,, 14
271 to 3.00 ,, 15
and so on in proportion.

ARTICLE VIII
Neither the judges nor the arbitrators, nor the secre-
taries of the Mixed Courts of Justice, shall demand or
receive from any of the parties concerned in the cases
which shall be brought before such courts any emolu-
ment or gift, under any pretext whatsoever, for the per-
formance of the duties which such judges, arbitrators, and
secretaries have to perform.






CHILE,


ARTICLE IX.
The two High Contracting Parties have agreed, that
in the event of the death, sickness, absence on leave, or
other legal impediment of one or more of the judges or
arbitrators composing the above-mentioned courts re-
spectively, the post of such judges or of such arbitrator
shall be supplied ad interim in the following manner:-
First. On the part of Her Britannic Majesty, and in
that court which shall sit within the possessions of Her
said Majesty, if the vacancy be that of the British judge,
his place shall be filled by the British arbitrator; and
either in that case, or if the vacancy be originally
that of the British arbitrator, the place of such arbi-
trator shall be filled successively by the Governor or
Lieutenant-Governor resident in such possession, by the
principal magistrate of the same, and by the secretary
of the Government; and. the said court so constituted
as above shall sit, and in all cases brought before them
for adjudication shall proceed to adjudge the same, and
to pass sentence accordingly.
Secondly. On the part of Great Britain, and in that
court which shall sit within the possessions of the Re-
public of Chile, if the vacancy be that of the British
judge, his place shall be filled by the British arbitrator :
and either in that case, or if the vacancy be originally
that of the British arbitrator, the place of British
arbitrator shall be filled successively by the British
Consul and Vice-Consul, if there be a British Consul or
British Vice-Consul appointed to and resident in such
possession, and if the vacancy be both of the British
judge and of the British arbitrator, then the vacancy of
the British judge shall be filled by the British Consul,
and that of the British arbitrator by the British Vice-
Consul, if there be a British Consul and a British Vice-
Consul appointed to and resident in such possession;
and if there shall be no British Consul or British Vice-
Consul to fill the place of British arbitrator, then the
Chilian arbitrator shall be called in in those cases in
which a British arbitrator, if there were any, would be
called in; and in case the vacancy be both of the
British judge and British arbitrator, and there be
neither British Consul nor British Vice-Consul to fill ad
interim the \,,.-,,,..i--- then the Chilian judge and the
Chilian arbitrator shall sit, and in all cases brought







CHILE.


before them for adjudication shall proceed Lo adjudge
the same, and pass sentence accordingly.
Thirdly. On the part of the Republic of Chile, and in
that court which shall sit within the territories of the
said republic, if the vacancy be that of the Chilian
judge, his place shall be filled by the Chilian [arbitrator ;
and either in that case, or if the vacancy be originally
that of the Chilian arbitrator, the place of such Chilian
arbitrator shall be filled by the Intendant Governor of
the province in which the said tribunal shall reside, or
by the Military Governor of Valparaiso, if the tribunal
should reside in Valparaiso; and the said court, so
constituted as above, shall sit, and in all cases brought
before them for adjudication shall proceed to adjudge
the same, and pass sentence accordingly.
Fourthly. On the part of Chile, and in that court
which shall sit within the possessions of Her Britannic
Majesty, if the vacancy be that of the Chilian judge, his
place shall be filled by the Chilian arbitrator; and either
in that case, or if the vacancy be originally that of the
Chilian arbitrator, the place of Chilian arbitrator shall
be filled successively by the Chilian Consul and Chilian
Vice-Consul, if there be a Chilian Consul or Vice-Consul
appointed to and resident in such possession; and if
the vacancy be both of the Chilian judge and of the
Chilian arbitrator, then the vacancy of the Chilian judge
shall be filled by the Chilian Consul, and that of the
Chilian arbitrator by the Chilian Vice-Consul, if there
be a Chilian Consul and a Chilian Vice-Consul appointed
to and resident in such possession; and in the case in
.which there be no Chilian Consul or Vice-Consul to fill
the place of Chilian arbitrator, then the British arbi-
trator shall be called in in those cases in which a Chilian
arbitrator would be called in; and in case the vacancy
be both of the Chilian judge and Chilian arbitrator, and
there be neither Chilian Consul nor Chilian Vice-Consul
to fill ad interim the vacancies, then the British judge
, and British arbitrator shall sit, and in all cases brought
before them for adjudication shall proceed to adjudge
the same, and pass sentence accordingly.
The highest civil authority of the settlement wherein
either of the Mixed Courts of Justice shall sit shall, in
the event of a vacancy arising either of the judge or the
arbitrator of the other High Contracting Party, forth-
with give notice of the same to the highest civil







CHILE.


authority of' the nearest settlement of such other High
Contracting Party, in order that such vacancy may be
supplied at the earliest possible period; and each of the
High Contracting Parties agrees to supply definitively
as soon as possible the vacancies which may arise in the
above-mentioned courts from death or from any other
cause whatever.

The undersigned Plenipotentiaries have. agreed, in
conformity with Article XIII. of the Treaty signed by
them on this day, the nineteenth of January, 1839, that
the preceding regulations, consisting of nine articles,
shall be annexed to the said Treaty, and considered as
an integral part thereof.
The nineteenth day of January one thousand eight
hundred and thirty-nine.
(L.S.) JOHN WALPOLE.
(L.S.) JOAQUIN TOCORNAL.


ANNEX C. to the TREATY between GREAT BRITAIN and
the REPUBLIC of CHILE for the Abolition of the
Traffic in Slaves.
Regulations for the good Treatment of liberated Negroes.
ARTICLE I.
The object and spirit of these regulations is to secure
to negroes liberated by virtue of the stipulations of the
Treaty to which these regulations form an Annex
(marked C.) permanent good treatment, and full and
complete freedom, in conformity with the humane inten-
tions of the High Contracting Parties.

ARTICLE II.
Immediately after sentence of condemnation shall
have been passed by a Mixed Court of Justice esta-
blished under the Treaty to which these regulations
form an Annex, on a vessel charged with being concerned
in illegal slave trade, all negroes who were on board
such vessel, and who were brought on board for
the purpose of traffic, shall be delivered over to the
Government to whom belongs the cruizer which made
the capture.






CHILE.


ARTICLE III.
If the cruizer which made the capture is British, the
British Government engages that the negroes shall be
treated in exact conformity with the laws in force in the
British colonies for the regulation of free or of emanci-
pated negroes.
ARTICLE IV.
If the cruizer which made the capture is Chilian, then
the negroes shall be delivered over to the Chilian autho-
rities of that place in the dominions of Chile in which
the Mixed Court of Justice is established; and the
Chilian Government solemnly engages that such negroes
shall there be treated strictly according to the regular.
tions actually in force in Chile with respect to free
negroes, or according to such regulations as may in
future be established in Chile in this respect, and which
regulations shall always have in view the humane object
of securing honestly and faithfully to emancipated
negroes the unmolested enjoyment of their liberty, good
treatment, a knowledge of the tenets of the Christian
religion, advancement of morality and civilisation, and
sufficient instruction in the mechanical arts, in order
that the said emancipated negroes may be enabled to
earn their own subsistence, whether as artisans, me-
chanics, or servants.

ARTICLE V
For the purpose which is explained in Article VI
there shall be kept in the office of the Governor of the
part of the possessions of the Republic of Chile where
the Mixed Court of Justice resided a register of all
emancipated negroes, in which shall be entered, with
scrupulous exactness, the names given to the negroes,
the names of the vessels in which they were captured,
the names of the persons to whose care they have been
committed, and any other circumstances likely to con-
tribute to the end in view.

ARTICLE VI.
The register to which the preceding article refers will
serve to form a general return, which the .Governor of






CHfILE.


that part of the possessions of the Republic of Chile
where the Mixed Court of Justice resides shall be
bound to deliver, every six months, to the aforesaid
Mixed Commission, in order to show the existence of
the negroes emancipated under this Treaty, the im-
provement made in their condition, and the progress
made in their religious and moral instruction, and in
the arts of life. The aforesaid return shall also specify
the names and descriptions of such of the emancipated
negroes as shall have died during the period for which
the return is made up.

ARTICLE VII.
The High Contracting Parties agree, that if in future
it should appear necessary to adopt new measures, in
consequence of those laid down in this Annex turning
out inefficacious, the said High Contracting Parties will
consult together, and will agree upon other means being
adapted for the complete attainment of the objects
proposed.
ARTICLE VIII.
The undersigned Plenipotentiaries have agreed, in
conformity with Article XIV. of the Treaty signed
by them on this day, the nineteenth of January, 1839,
that this Annex, consisting of eight articles, shall be
united to the said Treaty, and be considered an integral
part thereof.
The nineteenth day of January one thousand eight
hundred and thirty-nine.
(L.S.) JOHN WALPOLE.
(L.S.) JOAQUIN TOCORNAL.


ARTICLES ADDITIONAL to the Treaty concluded this nine-
teenth day of January, 1839, between Her Britannic
Majesty and the Republic of Chile for the Suppres-
sion of the Slave Trade.

ARTICLE I.
It is agreed and understood, that if there should be
any delay in appointing the judge and the arbitrator to






CHILE.


be nominated on the part of the Republic of Chile to act
in each of the Mixed Courts of Justice to be established
under this Treaty, or if those officers, after being
appointed, should at any time be absent, then and in
either of such cases the judge and arbitrator appointed
on the part of Her Britannic Majesty, and present in the
said courts, shall, in the absence of the Chilian judge
and arbitrator, proceed to open the said courts, and to
adjudge such cases as may be brought before them
under the Treaty; and the sentence pronounced upon
such cases by the said British judge and arbitrator shall
have the same force and validity as if the judge and the
arbitrator on the part of Chile had been appointed, and
had been present and acting in the Mixed Courts in the
cases in question.
ARTICLE II.
It is also agreed, notwithstanding the provisions of
the first article of the Annex B., that so long as no
Chilian judge and arbitrator are nominated it will be
unnecessary for the Republic of Chile to nominate the
secretary or actuary mentioned in the said article; that
in the meanwhile the secretary or actuary of the court
which may exist within the territory of the Republic of
Chile shall be named and paid by the Government of
Her Britannic Majesty; and that the entire expense of
both the courts to be established under this Treaty shall
be borne by the Government of Her Britannic Majesty.

The present Additional Articles shall form an integral
part of the Treaty for the suppression of the slave trade
signed this day, and shall have the same force and
validity as if they were inserted word for word in that
Treaty, and shall be ratified within twelve months, or
sooner if possible.
Done at Santiago de Chile, this nineteenth day of
January in the year of our Lord one thousand eight
hundred and thirty-nine.
(L..) JOHN WALPOLE.
(L.s.) JOAQIN TOCORNAL,






CHILE.


CONVENTION ADDITIONAL to and Explanatory of the
Treaty concluded at Santiago, January 19, 1839,
between Her Majesty and the Republic of Chile,
for the Abolition of the Traffic in Slaves. Signed
at Santiago, August 7, 1841.
[Ratifications exchanged at Santiago, August 6, 1842.]
Her Majesty the Queen of the United Kingdom of
Great Britain and Ireland, and the President of the
Republic of Chile, animated always with the most
lively desire to co-operate for the abolition of the
traffic in slaves in all parts of the world, and to avoid
renewed delays in the fulfilment of the obligations which
they have mutually resolved to impose on themselves by
the Treaty signed on the nineteenth of January 1839,
which unhappily could not be carried into effect, the
ratifications not having been exchanged within the
period therein stipulated, have agreed to proceed to the
celebration of the Convention which may give full force
and vigour, in all which shall not be expressly altered
by it, to the stipulations contained in the said Treaty.
For this purpose they have named for their Plenipoten-
tiaries, to wit:-
Her Majesty the Queen of the United Kingdom of
Great Britain and Ireland, the Honourable John Walpole,
Her Britannic Majesty's Consul General in the Republic
of Chile; and the Republic of Chile, Don Ramon Luis
Yrarrizaval, Minister of State for the Departments of
the Interior and Foreign Relations ; who, having
mutually communicated their full powers, and found
them in due form, have arranged and agreed to the
following articles :-
ARTICLE 1.
The two High Contracting Parties recognize as valid
and existing all the obligations which it was their in-
tention respectively to contract by all and each of the
Articles of the Treaty of the nineteenth of January 1839,
to co-operate for the effectual and complete abolition of
the slave trade, and by all and each of the articles of the
Annexes marked A., B., and C., and by the two separate
Additional Articles, which, as therein stipulated, ought
and are to be considered as integral parts of the above-
mentioned Treaty, all in the same manner as if the







CHILE.


above-mentioned Treaty formed an integral part of the
present Convention, and was inserted word for word in
it, saving, however, the exceptions and modifications
which are hereafter expressed.

ARTICLE II.
The power which by the Articles IV. and V. of the
above-mentioned Treaty of the nineteenth of January
1839 is conceded to the vessels of the navies of the two
nations which shall be employed in impeding the traffic
in slaves to visit the merchant vessels of both which
may be found in the case indicated in Article IV.,
already referred to, and in order that in consequence of
the visit they may proceed with respect to their vessels
and their cargo in accordance with the instructions in
Annex A., shall not be understood as yielded unless to
be exercised solely and exclusively in the places which
are hereafter expressed.; that is to say:
1st. Along the western coast of Africa, from the 40th
degree of south latitude to the 25th degree of north lati-
tude, and to the 27th degree of west longitude, calculated
from the meridian of Greenwich.
2nd. All round the island of Madagascar, to the ex-
tent of twenty leagues from that island;
3rd. The same distance from the coasts of the island
of Cuba;
4th. The same distance from the coasts of the island
of Puerto Rico; and
5th. The same distance from the coasts of Brazil.
Nevertheless, if a vessel of which suspicion should be
entertained, and which should have been chased whilst
within the assigned limits, should succeed in passing
them, it may be searched, provided that it has not been
lost sight of during the chase.

ARTICLE III.
The before-mentioned Treaty, and the present Con-
vention, shall be respectively ratified by Her Majesty
the Queen of the United Kingdom of Great Britain and
Ireland, and by the President of the Republic of Chile;
and the ratifications of both shall be exchanged within
one year, reckoned from the date of the present Con-
vention, or sooner if possible.







CHILE.


In faith of which the respective Plenipotentiaries
have signed three copies of the present Convention in
the English language and other three in the Spanish
language, and have sealed them with their arms.
Done in the city of Santiago, the seventh day of
August in the year of our Lord one thousand eight
hundred and forty-one.

(L.S.) JOHN WALPOLE.
(L.S.) RAIMON LUIs YRAkRAZAVAL


VOr. If.


__I






COLOMBIA.






COLOMBIA.









(See New Granada, p. 143 )














COSTA RICA.


Your attention is called to the following Article in the
Treaty of Friendship, Commerce, and Navigation -I -. I
between Great Britain and Costa Rica on the 27th of
November, 1849 :-
XIV. The Government of the Republic of Costa Rica,
in order to co-operate with Her Britannic 'M10j-hy for
the total abolition of the Slave Trade, engages to execute
perfectly the laws of the said Republic, which prohibit
in the most effectual manner all persons inhabiting
within the territories of the Republic of Costa Rica, or
in places subject to their jurisdiction, from ft-kin-rj any
share in such trade.


Vor, TI,


1~1~ _


a 2






DOMINTCA.


DOMINICA.


The Treaty Engagement in force between Great
Britain and the Dominican Republic for the suppression
of the Slave Trade, to which your attention is particu-
larly directed, is :--
Article IX. of the Treaty of Friendship, Commerce,
and Navigation, dated the 6th of March, 1850.
You will be guided in your dealings with Vessels
sailing under the Dominican Flag by the instructions
given you at page 113, in regard to Haytian Vessels,
excepting only that no special Warrant from the Domi-
nican Government is required for the exercise of your
powers, and that any vessels which you may seize under
the Dominican Flag shall be sent without delay to the
Port of Santo Domingo, in the Dominican Republic.









D&M'lINfCA.


Treaty of Peace, Amity, Commerce, and N;i' i ':ti..l
between Great Britain and the Dominican Republic,
signed at Santo Domingo, March 6, 1850.
[Ratifications exchanged at Santo Domingo,
September 10, 1850.]
ArTICLE IX.
Slavery being perpetually abolished in the Dominican
Republic, and having been already declared by her an
act of piracy punishable with the pain of death, the
Dominican Republic engages to permit any British
vessel of war which may be furnished with special
instructions under the Treaties between Great Britain
and foreign Powers, and with the formalities as are
provided for in such cases by the said Treaties relative
to the prevention of the infamous Slave Trade, to visit
any Vessels sailing under the. Dominican Flag which
may, on reasonable grounds, be suspected of being
engaged in this vile trade in Slaves ; it being understood
that the distances and places between which the right of
visit shall be exercised, as moreover expressed in the
Treaties with other Powers for Cuba and Porto Rico,
shall likewise refer to the same distance of 20 leagues
from the Coasts of the Dominican Republic; and if by
the result of the visit it should appear to the Officer in
command of such British vessel of war, that the sus-
picions which led thereto are well grounded, the Vessel
shall be sent without delay to the Port of Santo Domingo
in the Dominican Republic, and shall be delivered up to
the Local Authorities to be proceeded against according
to the laws of the Republic.
It is understood that the present Article shall not be
extended to other cases which might occasion detentions
and inconveniences to the Dominican vessels in their
voyages and commercial enterprises, during which, on
the contrary, they are authorized to expect protection
and assistance; hence, it' the case should arise, which,
however, is not to be supposed, that the Dominican
Republic should consider to receive by this concession
any vexatious molestation, it rests with her to withdraw
it, after l;-ving given a year previous due notice thereof,


___ .__._







EQUATOR.


EQUATOR.


The Treaty Engagements in force between Great
Britain and Equator for the Suppression of the Slave
Trade, to which your attention is particularly directed,
are :-
The Treaty dated the 24th of May 1841, and. the
Annexes A., B., and C. thereto;
The additional Articles thereto, dated respectively the
24th of May 1841, and the 15th of January 1846.
The Treaty does not prescribe any Limits within which
you are authorised to exercise the powers of Visit, Search,
and Detention over Equatorian Vessels.
Treaty, If you have reason to suspect that a Vessel sailing
Art. v., a. under the Escort or Convoy of an Equatorian cruizer is
engaged in or equipped for the Slave Trade, you will
communicate your suspicions to the Commander of the
Convoy, and offer to accompany him in a Visit to the
suspected Vessel. If your suspicions prove to be well
founded, the right to take further proceedings with
respect to the Vessel will rest with the Commander of
the Convoy ; but, should he decline to exercise the right,
you will, on obtaining his consent, but not otherwise,
detain her, provided that the Vessel is, by reason of her
Nationality, subject to your Authority. In like manner,
if a Commander of an Equatorian Ship, duly authorised
under the Treaty, communicates to you his suspicions
that a Vessel under your Convoy is engaged in or
equipped for the Slave Trade, you will invite him to
accompany you in a Visit to the suspected Vessel; and
you will take care that the Visit is conducted in a strict
and satisfactory manner. In the event of the suspicions
proving well founded you will detain the Vessel, pro-
vided that, by reason of her Nationality, she is subject
to your Authority. You will by the first opportunity
send a full Report of the Case, together with your
own remarks thereon, to the Senior Officer of your
Division, and a Duplicate thereof to the Secretary of the
Admirali.







EQUATOR.


The Visit and Search of an Equatorian Vessel shall Annex A
not be made by an Officer of a Rank lower than that of Art. I.
Lieutenant, unless he is at the time second in command
of the Ship.
If the Visit and Search is made by yourself in person, Treaty,
the Authority is the Copy of Annex A. to the Treaty rt. IV., 3.
which you will find at page 96 ; if made by an Officer
under your command, it is a Copy, signed by yourself, of
the said Annex. The Authority shall be exhibited to
the Master before the Visit is commenced.
If it shall appear that the Vessel is engaged in lawful Treaty,
commerce, the Visiting Officer will enter upon her Log Art.* I., 3.
Book, in addition to the particulars specified in Sections
32 and 46,* a Certificate that the Visit was made only in
virtue of the Authority above mentioned.
The Visiting Officer shall, before commencing the Treaty,
Search, deliver to the Master of the Vessel the Certificate Art. 1V., 3.
No. 1 or No. 2,t according to circumstances.
The Treaty is designed against the African Slave Treaty,Art. I
Trade exclusively, and expressly reserves to Equa torian
Citizens the right of transporting Slaves previously
resident in Equator from one part of the Republic to
another, whether for sale or otherwise.
Copies of the Certificates, Nos. 3 and 4t respectively Anne A.
required to be made on the Detention of a Vessel, shall Art.III
be delivered to the Master.
The proper Port of Adjudication for an Equatorial Treaty,
Vessel is Sierra Leone, that being at present the only Art. nI.
Port at which there is a Mixed Court of Justice estab-
lished in pursuance of the Treaty.
A copy of the Certificate No. 9,. required to be made Anm.exA.
on the removal of any Person or Article from the Art. I.
Detained Vessel, shall be inserted on her Log Book.
The Slaves shall not be landed at the Port of Adjudica- A mex A.
tion until permission has been obtained from the Mixed Arlt. I.
Court of Justice.


Sec Vol. T, pages 6 and 8.
See Appendix to the General Instructions, Vol. T, page 21.







EQUA'TOR.


EQUATOR.


TIl'EATY*' between HER MAJELSTY and the REPUBLIC of
Ilhe EQUATOR for the Abolition of the Traffic ill
Slaves. Signed at Quito, May 24, 184i.
[ Ratil(cations exchanged at Qui.o, July 5, 1847.]
IIER Majesty the Queen of the United Kingdom of
Great Britain and Ireland, and the Republic of the
Equator, being equally aninu:ted by a sincere desire to
co-operate for the utter extinction of the infamous and
piratical traffic in slaves, have resolved to conclude a
Treaty for the special purpose of attaining this object,
and have named for this purpose as their Plenipoten-
tiaries, to wit :
Her Majesty the Queen of the United Kingdom of
Great Britain and Ireland, Walter Cope, Esq., Her
Majesty's Consul in the Equator;
And the Republic of the Equator, Sefior Francisco
Marcos, Secretary of State for the Interior and Foreign
Affairs ;
Who, having duly communicated to each other their
respective full powers, and found them to be in proper
form, have agreed upon and concluded the following
Articles :-
ARImCLE 1.
Great Britain and. the Republic of the Equator declare
the traffic in slaves abolished for ever. And in order
to avoid any doubts that may hereafter occur from any
circumstance proving prejudicial to the interests of
commerce and navigation, for want of a proper explana-
tion of the real spirit of the phrase traffic in slaves,"
do here mutually declare to be understood by such traffic
such only which is carried on in negroes brought from
Africa, in order to transport them to other parts of the
world tbr sale ; but in no manner whatever the conveying
from one port or place to another belonging to the Republic

Confirmed by Act. of Parliaimcnt, 11 and 12 Viet., c, 116,







EQUATOR.


the slaves existing within it, be such undertaken either
with the object of selling them, or with any other not
prohibited by the laws.

ARTICLE II.
The Republic of the Equator agrees to treat as pirates,
and to punish with the penalties which the existing
penal laws impose on pirates, all such Equatorians who,
on the high seas, or in any other place under the juris-
diction of the Republic, may be found embarking, trans-
porting or disembarking one or more persons brought
from Africa as slaves.

ARTICLE III.
The Republic of the Equator will promulgate every
other legislative provision that may be deemed requisite
for the prevention of her citizens engaging in any way
in the said traffic in slaves, and for the complete extinc-
tion thereof; seeing that the same are in harmony with
those which may be promulgated by Great Britain for
the like object, and with the constitutional principles of
the Republic.

ARTICLE IV.
In order more completely to prevent all infringement
of the spirit of the present Treaty, the High Contracting
Parties mutually consent that those ships of their
respective navies which shall be provided with special
instructions for that purpose, as hereinafter mentioned,
may visit such merchant vessels of the two nations as
may upon reasonable grounds be suspected of being
engaged in the traffic in slaves, or of having been fitted
out for that purpose, or of having, during the voyage on
which they are met by the said cruizers, been engaged
in the traffic of slaves, contrary to the provisions of this
Treaty; and that such cruizers may detain, and send or
carry away such vessels, in order that they may be
brought to trial in the manner hereinafter agreed
upon.
In order to fix the reciprocal right of search in such
a manner as shall be adapted to the attainment of the
object of this Treaty, and at the same time to avoid







EQUATOR.'


doubts, disputes, or complaints, the right of search shall
be understood in the form and according to the rules
following :-
First. It shall never be exercised except by vessels of
war authorized expressly for that object, according to the
stipulations of this Treaty.
Secondly. In no case shall the right of search be
exercised with respect to a vessel of the royal or national
navy of either of the two powers, but only as regards
merchant vessels.
Thirdly. Whenever a merchant vessel is searched by
a ship of war, the commander of the said ship shall, in
the act of so doing, exhibit to the commander of the
merchant vessel the document by which he is duly
authorized to that end; and shall deliver to him. a
certificate, signed by him, stating his rank in the naval
service of this country and the name of the vessel he
commands, and which also declares that the only object
of the search is to ascertain whether the vessel is
employed in the slave trade, or if it is fitted up for the
said traffic. When the search is made by an officer- of
the cruizer who is not the commander, the said officer
shall exhibit to the captain of the merchant vessel a
copy of the before-mentioned special orders, signed by
the commander of the cruizer; and in like manner
deliver a certificate, signed by him, stating his rank in
the navy, the name of the commander by whose orders
he proceeds to make the search, that of the cruizer in
which he sails, and the object of the search, as has
been already laid down. If it appears from the search
that the papers of the vessel are in regular order, and
that it is employed on licit (.li.-.: the officer shall then
enter in the log-book of the vessel that the search has
been made in pursuance of the aforesaid special orders,
and the vessel shall be left at liberty to pursue its
voyage. The rank of the.officer who makes the search
must not be less than that of lieutenant of the royal
or national navy, unless the command, either by reason
of death or other cause, is at the time held by an officer
of inferior rank.
Ai rCOLE V.
In order to regulate the mode of carrying the pro-
visions of the preceding Article into execution, it is
agreed,-







EQ UATOR.


First. That all the ships of the respective navies of
the two nations which shall be hereafter employed to
prevent the traffic in slaves shall be furnished by their
respective Governments with a copy, in the English and
Spanish languages, of the present Treaty, of the instruc-
tions for cruizers annexed thereto, marked A., and of the
regulations for the Mixed Courts of Justice annexed
thereto marked B. ; which Annexes respectively shall
be considered as integral parts of the Treaty.
Secondly. That each of the High Contracting Parties
Shall from time to time communicate to the other the
names of the several ships furnished with such in-
structions, the force of each, and the name of their
several commanders. The said commanders ought to
hold the rank of captain in the navy, or at least of
lieutenant; it being nevertheless understood, that the
instructions originally issued to an officer holding the
rank of lieutenant of the navy, or other superior rank,
shall be sufficient, in case of death or temporary absence
of the same, to authorise the officer on whom the com-
mand of the vessel has devolved to make the search,
although the said officer may not hold the aforesaid
rank in the service.
Thirdly. That if at any time the commander of a
cruizer of either of the two nations shall suspect that
any merchant vessel under the escort or convoy of any
ship or ships of war of the other nation carries slaves on
board, or has been engaged in the traffic of slaves, or is
fitted out for the purpose thereof, the said commander
of the cruizer shall communicate his suspicions to the
commander of the convoy, who, accompanied by the
commander of the cruizer, shall proceed to the search of
the suspected vessel; and in case that the suspicions
appear well founded, according to the tenor of this
Treaty, then the said vessel shall be conducted or sent
to one of the points where the Mixed Courts of Justice
are stationed, in order that the just sentence may there
be pronounced.
Fourthly. It is further mutually agreed, that the
commanders of the ships, of the two navies respectively
who shall be employed on this service shall adhere
strictly to the exact tenor of the aforesaid instruc-
tions.







EQUATOR.


ARTICLE VI.
As the two preceding -Articles are entirely reciprocal,
the two High Contracting Parties engage mutually to
make good any losses which their respective subjects
may incur by the arbitrary and illegal detention of their
vessels: it being understood, that this indemnity shall
be borne by the Government whose cruizer shall have
been guilty of such arbitrary and illegal detention; and
that the visit and detention of vessels specified in the
4th Article of this Treaty, shall only be effected by
those British and Equatorian ships which may form
part of the two respective navies ; and by such of those
ships only as are provided with the special instructions
annexed to the present Treaty, in pursuance of the
provisions thereof. The indemnification for the damage
of which this Article treats shall be made within the
term of one year, reckoning from the day in which the
Mixed Court of Justice pronounces its sentence on the
vessel for the detention of which Euch compensation is
claimed.
ARTICLE VII.
In order to bring to adjudication, with as little delay
and inconvenience as possible, the vessels which may
be detained according to the tenor of the 4th Article
of this Treaty, there shall be established, as soon as
may be practicable, two Mixed Courts of Justice,
formed of an equal number of individuals of the two
nations, and named for this purpose by their respective
Governments.
These courts shall reside, one in a possession belonging
to Her Britannic Majesty, the other within the territory
of the Equatorian Republic; and at the period of the
exchange of the ratifications of the present Treaty, the
two Governments shall declare, each for its own
dominions, in what place these courts shall respectively
reside.
But each of the twvo High Contracting Parties reserves
to itself the right of changing, at its pleasure, the place
of residence of the court held within its own domin;ons;
provided always, that one of the courts shall be held
upon the coast of Africa, and the other in some part
of the territory of the Equator. And these courts,
from which there shall be no appeal, shall judge the






EQUATOR.


causes submitted to them according to the provisions of
the present Treaty, and according to the regulations
and instructions which are annexed to the present
Treaty, and which are considered as integral parts
thereof.
ARTICLE VIII.
In case the commanding officer of any of the ships
of the respective navies of Great Britain and the
Equator, duly commissioned according to the provisions
of Article IV. of the Treaty, shall deviate in any respect
from the stipulations of the said Treaty, or the instruc-
tions annexed to it, the Government which shall conceive
itself to be wronged thereby shall be entitled to demand
reparation; and in such case the Government to which
such commanding officer may belong binds itself to cause
inquiry to be made into the subject of the complaint,
and to inflict upon the said officer a punishment pro-
portioned to any wilful transgression which he may have
committed.
ARTICLE IX.
It is hereby further mutually agreed, that every
merchant vessel, British or Equatorian, which shall be
visited by virtue of the present Treaty, may lawfully
be detained, and sent or brought before the Mixed
Courts of Justice established in pursuance of the pro-
visions thereof, if in her equipment there shall be
found any of the things herein-after mentioned,
namely:
1st. Hatches with open gratings, instead of the close
hatches which are usual in merchant vessels.
2nd. Divisions or bulkheads in the hold, or on deck,
in greater number than are necessary for vessels engaged
in lawful trade.
3rd. Spare planks fitted for laying down a second or
slaves' deck.
4th. Shackles, bolts, or handcuffs.
5th. A larger quantity of water in casks or in tanks
than is requisite for the consumption of the crew of the
vessel as a merchant vessel,
6th. An extraordinary number of water casks or of
other vessels for holding liquid; unless the master shall
produce a certificate from the custom house at the place






EQUATOR.


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 to hold palhn oil, or for other purposes of
lawful commerce.
7th. A greater quantity of mess tubs or kids than
are requisite for the use of the crew of the vessel as a
merchant vessel.
8th. A boiler of an unusual size, and larger than
requisite for the use of the crew of the vessel as a
merchant vessel; or more than one boiler of the ordinary
size.
9th. An extraordinary quantity either of rice, of the
flour of Brazil, of maInice or cassada, commonly called
farinha, of maize or Indian corn, or of any other article
of food whatever beyond what might probably be
requisite for the use cf the crew ; such rice, flour, maize,
or Indian corn, or other article of food, not being
entered on the manifest as part of the cargo for
trade.
10. A quantity of' mats or matting greater than is
necessary for the use of the crew of the vessel as a
merchant vessel.
Any one or more of these several things, if proved
to have been found on board, shall be considered as
prima facie evidence of the actual employment of the
vessel in the slave trade; and the vessel shall thereupon
be condemned and declared lawful prize, unless satis-
factory evidence, upon the part of the master or owners
shall establish that such vessel was, at the time of her
detention or capture, employed in some legal pursuit.

ARTICLE X.
If any of the things specified in the preceding Article
shall be found in any merchant vessel, either the master
nor owner, nor any person whatever interested in her
equipment or cargo, shall be entitled to compensation
for losses or damages, even though the Mixed Couits of
Justice should not pronounce any sentence of condemna-
tion in consequence of her detention ; but the same
tribunal shall be authorised to pay cut of the prize
fund, it they think it in equity required, some sum of
money proportionate to the demurrage suffered, and
n-.:-]:'-,ii to the circumstances of the case.






EQUATO R


ARTICLE XI.
It is agreed between the two High Contracting Parties,
that in all cases in which a vessel shall be detained under
this Treaty by their respective cruizers, as having been
eng:agted in the slave trade, or as having been fitted
out for the purpose thereof, and shall consequently be
a.dj udged and condemned by the Mixed Courts of Justice
to be established as aforesaid, the said vessel shall,
immediately after its condemnation, be broken up entirely,
and shall be sold in separate parts, after having been so
broken up.
ARTICLE XII.
The negroes who are found on board of a vessel
detained by a cruizer, and condemned by the Mixed
Courts of Justice in conformity with the stipulations of
this Treaty, shall be placed at the disposition of the
Government whose cruizer has made the capture; but
on the understanding that not only they shall be im-
mediately put at liberty, and kept free,-the Govern-
ment to whom they have been delivered guaranteeing
the same,-but likewise engaging to afford, from time
to time, and whenever demanded by the other High
Contracting Party, the fullest information as to the state
and condition of such negroes, with a view of insuring
the due execution of the Treaty in this respect.
For this purpose the regulations annexed to this Treaty,
marked C., as to the treatment of negroes liberated by
sentence of the Mixed Courts of Justice, have been
drawn up, and are declared to form an integral part of
this Treaty.
The two High Contracting Parties reserve to themselves
the right to alter or suspend, by common consent and
mutual agreement, but not otherwise, the terms and
tenor of such regulations.

ARTICLE XIII.
The acts and instruments annexed to this Treaty, and
which it is mutually agreed shall form an integral part
thereof, are as follows:-
A. Instructions for ships of the royal and national
navies of both nations destined to prevent the traffic in
slaves.








B. Regulations for the Mixed (Jourts of Justice, which
are to hold their sittings on the coast of Africa, and in
the territory of the Republic of the Equator.
C. Regulations as to the treatment of liberated
negroes.
ARTICLE XIV.
The present Treaty, consisting of fourteen articles,
shall be ratified, and the ratifications thereof exchanged
in Quito, within the space of two years from this date,
or sooner if possible.
In witness whereof, the representative Plenipoten-
tiaries have signed in duplicate two originals, in English
and Spanish, of the present Treaty, and have thereunto
affixed their respective seals.
.Done in Quito, this twenty-fourth day of May in
the year of our Lord one thousand eight hundred and
forty-one.
(L.s.) WALTER. COPE.



ANNEX A. to the TREATY between GREAT BLITAIN and
the REPUBLIC of the EQUATOR for the Abolition of
the Slave Trade of the REPUBLIC of the EQUATOR.
Instructions for the Ships of the British and Equatorial
Navies employed to prevent 1the Tra:fic in Slaves.

ARTICLE 1.
The commander of any ship .belonging to the navy
of Her Britannic Majesty, or of the Republic of the
Equator, which shall be furnished with these instruc-
tions, shall have a right to visit, search, and detain any
British or Equatorial merchant vessel which shall be
actually engaged, or which shall be suspected to be
engaged, in the slave trade, or to be fitted out for the
purposes thereof, or to have been engaged in the traffic
in slaves during the voyage in which she may be met
with by such ship of the British or Equatorial navy;
and such commander shall thereupon bring or send such
merchant vessel, as soon as possible, for judgment
before that Mixed Court of Justice, established in virtue
of the Seventh Article of the said Treaty, which shall







EQUATOR.


be the nearest to the place of detention, or which such
commander shall, upon his own responsibility, think can
be soonest reached from such place.

ARTICLE II.
Whenever a ship of either of the said navies, duly
authorised as aforesaid, shall meet a merchant vessel
liable to be visited under the provisions of the said
Treaty, the search shall be conducted in the mildest
manner, and with every attention which ought to be
observed between allied and friendly nations; and the
search shall, in all cases, be made by an officer holding
a rank not lower than that of a lieutenant in the navy
of Great Britain, or in that of the Republic of the
Equator, respectively (unless the command shall, by
reason of death, or otherwise, be held by an officer of
inferior rank), or by the officer who at the time shall
be second in command of the ship by which the search
is made.

ARTICLE III.
The commander [of any ship of the two navies, duly
authorised as aforesaid, who may detain any merchant
vessel in pursuance of the present instructions, shall
leave on board the vessel so detained the master, the
mate or boatswain, and two or three at least of the crew
thereof, the whole of the slaves, if any, and all the
cargo.
The captor shall, at the time of detention, draw up in
writing an authentic declaration, which shall exhibit the
state in which he found the detained vessel; and such
declaration shall be signed by himself, and shall be
given in or sent, together with the captured vessel, to
the Mixed Court of Justice before which such vessel
shall be carried or sent for adjudication.
The captor shall deliver to the master of the detained
vessel a certified list of the papers seized on board the
same, as well as a statement of the number of slaves
found on board at moment of detention.
In the authenticated declaration which the captor is
hereby required to make, as well as in the certified list
of the papers seized, he shall insert his own name, the
name of the capturing ship, the latitude and longitude
VOL. II. H




University of Florida Home Page
© 2004 - 2010 University of Florida George A. Smathers Libraries.
All rights reserved.

Acceptable Use, Copyright, and Disclaimer Statement
Last updated October 10, 2010 - - mvs