'the Kingdom of Sweden, and of the Storthing of the Kingdom of Norway, penal Laws according to the Spirit of the Legis'lation of each of the said Countries, which Laws shall visit with a Punishment proportionate to the Magnitude of the Crime, any Participation whatever by Swedish or Norwegian Subjects in the Slave Trade; and in the meantime and until these subsequent Arrangements could be put in force, the Tenor of the Royal Ordinance of the Seventh Day of February One thousand eight hundred and twenty three, of which a Copy is annexed to the said Treaty, marked with the Letter A., is formally main'tained and confirmed by the said First Article: And Whereas by the Second Article of the said Treaty, in order more completely to prevent all Infringement of the Spirit of the said First Article, His Majesty and His Majesty the King of Sweden and Norway do declare, that the Vessels belonging to their respective Subjects, which contrary to all Expectation may be found employed in the said forbidden Traffic, shall by that Act lose all Right to claim the Protection of their Flag; and His Majesty and His Majesty the King of Sweden and Norway mutually consent, that the Ships of their royal Navies, which shall be provided with special Instructions for this Purpose as therein' after mentioned, shall visit such Merchant Vessels of the Two Nations as may be suspected on reasonable Grounds of being ' concerned in the Traffic of Slaves contrary to the Provisions of the said Treaty, and in case thereof, may detain and bring away such Vessels, in order that they may be brought to Trial in the Manner stipulated in the Fourth Article of the said Treaty And Whereas by the Third Article of the said Treaty, in order to explain the Mode of Execution of the preceding Article, it is agreed, First, that such reciprocal Right of Visit • and Detention shall not be exercised within the Mediterranean 'Sea, nor within the European Seas lying without the Straits of Gibraltar, to the Northward of the Thirty seventh Degree of North Latitude, and within and to the Eastward of the Meridian of Ferro; Secondly, that all Ships of the Royal Navies of the Two Nations, which shall be thereafter employed to prevent the Traffic in Slaves, shall be furnished by their respective Governments with a Copy in the English, Swedish, and Norwegian Languages of the Instructions annexed to the said Treaty, and which Instructions shall be considered as an integral Part thereof, provided that they shall not be altered or • modified but with the common Consent of His Majesty and of His Majesty the King of Sweden and Norway; Thirdly, that the Names of the several Vessels furnished with such Instructions, the Force of each, and the Names of their several Commanders, shall be from time to time communicated forthwith by the Power issuing the same to the other High Contracting Party; Fourthly, that the Ships of each of the Royal Navies authorized to make such Visit as aforesaid shall not exceed the Number of Twelve belonging to either of the High Contracting Parties, without the previous Consent of the other High Contracting Party; Fifthly, that the Right of Visit, such as thus reciprocally agreed on by His Majesty and His Majesty the King of Sweden and Norway, shall not be directly exercised upon Mer'chant

6

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chant Vessels sailing under the Convoy of one or more Ships ❝ of War of either His Majesty or His Majesty the King of Sweden and Norway; but that if, contrary to all Expectation, the Com'mander of a Ship of War of either of the Two Governments employed in the Suppression of the Slave Trade, should have ' reasonable Grounds for suspecting that a Ship under Convoy of the other Government should in fact have on board Slaves de'stined for Sale, or be otherwise engaged in the Traffic of Slaves contrary to the Provisions of the said Treaty, the Commander of such Ship of War as aforesaid shall address himself to the • Commander of the Convoy, in order to communicate his Suspi'cions, and the latter shall then proceed to visit the suspected Ship, accompanied by either the Commander of the Cruiser himself, or any Officer whom the latter may delegate as his Repre'sentative; and it is agreed that the Commander of the Convoy shall afford all the Aid and Assistance possible to the Visit of the suspected Ships, and to their eventual Detention, according to the Spirit and true Sense of the said Treaty: And Whereas it is by the Fourth Article of the said Treaty agreed, in order to bring to Adjudication, with the least Delay and Inconvenience, the Ships of the Two Nations which may be detained for being engaged in a Traffic of Slaves, contrary to the Provisions of the 'said Treaty, that mixed Courts of Justice shall be formed, of an equal Number of Individuals to be named for this Purpose by 'their respective Sovereigns, and that One of the said Courts shall be established in One of the Possessions of His Britannic Majesty on the Coast of Africa, which shall be named at the Exchange of the Ratification of the said Treaty, and the other in the Island of Saint Bartholomew in the West Indies, belonging to His Majesty the King of Sweden and Norway, each of their said Majesties reserving to himself the Right of changing at his Pleasure the Place of Residence of the Court within his Dominions; and it is also thereby provided, that in the Event of the Absence, on account of Illness or any other unavoid 'able Cause, of One or more of the Commissioners, Judges, or 'Arbiters under the said Treaty, or in case of their Absence on Leave from their Government, duly notified to the Board of 'Commissioners sitting under the said Treaty, their Posts shall be supplied in the same Manner in which, by the Ninth Article of the Regulations for the Mixed Commissioners, those Vacancies are to be supplied which may occur by the Death of One or more of the Commissioners aforesaid; and it is thereby also agreed, that each Government shall name, to sit in each of these Courts, a Judge and an Arbiter, reserving, however, to itself, according to Circumstances and as it shall think proper, the Power either of naming for that Purpose permanent salaried Officers, or of eventually appointing duly qualified Individuals on the Spot, who shall, when the Case occurs, assemble in the Quality of Judges and Arbiters; and it is provided, nevertheless, that after the Term fixed for the Meeting of the said ⚫ Commissioners, their Proceedings in Examination and Adju'dication shall not be delayed by reason of the Absence of any Judge or Arbiter to be appointed under the Provisions of the said Treaty, but that the same shall be had and deter

mined by such Commissioners as shall or may be assembled, observing in all Things, as nearly as may be, the several • Provisions of the said Treaty: And Whereas, by the Fifth Arti-. cle of the said Treaty, His Majesty and His Majesty the King of Sweden and Norway each engage to make good to the Subjects of the other any Losses which their respective Cruisers. may cause them to experience by the illegal or arbitrary Deten-. tion of their Vessels; and it is thereby declared to be under' stood, that the Visit and Detention shall not under any Pretext, 'whatever be effected but by Ships which form a Part of the Two. Royal Navies of their said Majesties, and which shall be pro'vided with the special Instructions annexed to the said Treaty, and in pursuance to the Provisions thereof: And Whereas by, 'the Sixth Article of the said Treaty it is agreed, that in case the. Officers commanding Vessels employed for the Suppression of 'the Slave Trade shall deviate in any respect whatever from the. • Stipulations of the said Treaty, the Government which shall con'ceive itself to be wronged by such Conduct shall have the Right to demand Reparation, and in such Case the Government to which the said Commanding Officers shall belong binds itself to 'cause Enquiry to be made into the Subject of the Complaint, ، and to inflict, should such Complaint be grounded, Punish ment proportioned to the Transgression which may have been. committed: And Whereas by the Seventh Article of the said. ، Treaty it is agreed, that in case of clear and undeniable Proof, ⚫ that during the immediate Voyage of a Vessel so visited as afore'said, one or more Slaves shall, for the Purpose of Traffic, have 'been embarked on board of such Vessel, then and in such Case 'the Vessel in question shall be detained and brought to Trial in the Manner therein above mentioned in the Second Article of the said Treaty; and it is thereby further mutually agreed, ' that all Merchant Vessels which shall be found hovering or sail⚫ing near the Coasts of Africa, within One Degree to the West'ward of the said Coasts, between the Twentieth Degree of North Latitude and the same Degree of South Latitude, or at anchor. ، within any of the Rivers, Gulfs, or Creeks of these Coasts within the Limits herein above established, or at anchor in any Part within the said Limits, may be lawfully detained and brought 'before the established Tribunals, provided that in her Equip'ment there shall be found any of the Particulars thereinafter ، mentioned; namely, First, that her Hatches are fitted with open ، Gratings instead of close Hatches, as usual in Merchants' Vessels; Secondly, that there are more Divisions or Bulk Heads in ، her Hold, or on her Deck, than are necessary for Trading Vessels; Thirdly, that on board of her there is spare Plank either actually fitted in that Shape, or fit for readily laying a Second or moveable Deck, or Slave Deck; Fourthly, that on board of ، her there are Shackles, Bolts, and Handcuffis; Fifthly, that on ⚫ board of her there is an unreasonable Quantity of Water in Casks or in Tanks, more than sufficient for the Consumption of her • Crew as a Merchant Vessel; Sixthly, that on board of her there ' is an unreasonable Number of Water Casks or other Vessels for ⚫ holding Water, unless the Master shall produce a Certificate ⚫ from the Custom House from the Place from which he cleared ، Outwards,

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"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 for the Reception of Palm Oil or other lawful Commerce; Seventhly, that on board of her there is a greater Quantity of Mess Tubs or Kids than is requisite for the Use of the Crew as a Merchant Vessel; Eighthly, that on board of her there are Two or more Copper Boilers, or even that there is One of an unreasonable Size, larger than is ' requisite for the Use of her Crew as a Merchant Vessel; Ninthly, that on board of her there is an unreasonable Quantity of Rice or Farinha, Flour of the Mancoe of Brazil or Cassada, or Maize, or Indian Corn, beyond any probable requisite Provision for the Use of the Crew, and such Rice, Flour, Maize, or Indian Corn not being entered on the Manifest as Part of the Cargo for Trade; and it is further mutually agreed, that the Proof of these or of any one or more of these several Indications shall be considered as prima facie Evidence of her actual Employment in the Slave Trade, and unless rebutted by satisfactory Evidence 6 upon the Part of the Master or Owners, that such Ship or Ves'sel was otherwise legally employed at the Time of her Detention and Capture, the Ship or Vessel shall thereupon be condemned and declared lawful Prize: And Whereas it is also in the Eighth Article of the said Treaty agreed, that the Acts or • Instruments of which Mention is made in the said Treaty, and which being annexed thereto form an integral Part of it, are the following; the Proclamation of His Majesty the King of Sweden and Norway, which forbids anew to his Subjects the Slave Trade; an Extract of a Royal Norwegian Proclamation, dated 'the Sixteenth Day of March One thousand seven hundred and ninety two, Paragraphs the First and Sixth; Instructions for the Vessels of the Royal Navies of Great Britain, and of Sweden and Norway, employed in preventing the Slave Trade; and Regulation for the Mixed Courts of Justice: And Whereas the 'said Proclamation, to which the Words " Annex A.❞ are prefixed, is as follows:

• Proclamation.

WE, Charles John, by the Grace of God King of Sweden and Norway, and of the Goths and Vandals, do hereby make known, That desiring sincerely to maintain the Principles manifested by Our well-beloved Father His Majesty the King Charles the XIII., of glorious Memory, concerning the Slave Trade, which Principles perfectly coincide with Our own Sentiments, "We have declared and do hereby declare

That any Swedish and Norwegian Ship, which against all Expectation shall be found employed in the Slave Trade, shall be 'deemed in consequence of that Transgression to have lost all Right to our Protection, or to that of Our Functionaries

"

That We shall learn with Satisfaction the Discovery and the • Punishment of all Abuse of the Swedish and Norwegian Flag in a Traffic so odious; and that accordingly We have admitted, that every Ship bearing the Swedish or Norwegian Flag, which 'shall be found employed in the Slave Trade, shall be considered as if it did not bear the above-mentioned Flag.

· All

All those whom it may concern shall regulate themselves according to the present.

In Witness whereof We have signed it with Our own Hand, ' and have caused to be affixed thereunto Our Royal Seal. Done at the Castle of Stockholm, the Seventh Day of Fe'bruary 1823.

(L.S.)

(Signed) Charles John. (Countersigned)

Skogman.

• And Whereas the said Extract of a Royal Norwegian Proclamation, to which the Words "Annex B." are prefixed, is as • follows:

* Extract of a Royal Proclamation, dated the 16th of March 1792, Paragraphs 1st and 6th.

1o.- From the beginning of the Year 1803, all Traffic in Negroes, for the Subjects of the King, is to be abolished on the Coasts of Africa, and wherever it may be practised out of the Royal Possessions in the West Indies, so that after that Period no Negro nor Negress shall be bought, either on the Coast or ' elsewhere, on account of or by any of the Subjects of the King, nor be transported in Vessels belonging to Subjects of the King, nor be imported into the Possessions of the West Indies for Sale there; and that all Sale in Contravention of this Proclamation shall be regarded as illegal.

6°.-The Exportation of Negroes and Negresses from the Islands of the West Indies is forbidden from this Day, very severely, and those are only excepted from the Effect of this • Prohibition whom the Laws permit to go out of the Country, and those to whom the Governor General and the Regency in the West India Islands, may grant a similar Permission, according to Circumstances, and in particular Cases:

'And Whereas by the First Article of the said Instructions before referred to, and made an integral Part of the said Treaty, it is provided, First, that every Ship of the Royal Navies of the United Kingdom of Great Britain and Ireland or of Sweden and Norway, which, furnished with the said Instructions, shall, in conformity with the Second and Seventh Articles of the said Treaty, have a Right to visit the Merchant Ships of either of the Two Powers actually engaged or suspected to be engaged in the Slave Trade, may, except in the Seas exempted by the Third Article of the said Treaty, proceed to such Visit, and should any Slaves be found on board, brought there for the express Purpose of the Traffic, or that the Ship can in general be included in the Cases provided against in the said Second and • Seventh Articles, the Commander of the said Ship of the Royal Navy may detain it, and having detained it, he is to bring it as soon as possible for Judgment to the Places stipulated by the Fourth Article of the said Treaty; and that Ships on board of ' which no Slaves shall be found intended for Purpose of Traffic, shall not be detained on any Account or Pretence whatever ; and that Negro Servants or Sailors that may be found on board

• the