tinue to exercise its functions, and shall, from and after the end of six months after the exchange of the ratifications of this Treaty, and until the appointment and definitive establishment of the Mixed Commissions under the present Treaty, adjudge without appeal, according to the principles and stipulations of the present Treaty, and of the Annexes thereof, the cases of such vessels as may be sent or brought before it; and any vacancies which may occur in such Mixed Commission, shall be filled up in the same manner in which vacancies in the Mixed Commissions to be established under the provisions of this Treaty are to be supplied.

Article VIII. If the commanding officer of any of the ships of the royal navies of Great Britain and Portugal respectively, duly commissioned according to the provisions of Article II 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. Any vessel, British or Portuguese, which shall be visited by virtue of the present Treaty, may lawfully be detained, and may be sent or brought before one of the Mixed Commissions established in pursuance of the provisions thereof, if any of the things hereinafter mentioned shall be found in her outfit or equipment, or shall be proved to have been on board during the voyage in which the vessel was proceeding when captured, namely: First: Hatches with open gratings, instead of the close hatches which are usual in merchant vessels.

Secondly: Divisions or bulk-heads, in the hold or on deck, in 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.

Sixthly: 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 sufficient security had been given by the owners of such 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, or other cooking apparatus, 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, or other cooking apparatus, of the ordinary size.

Ninthly: An extraordinary quantity of rice, of the flour of Brazil manioc, or cassada, commonly called farinha, of maize, or of Indian corn, or of any other article of food whatever, 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.

Tenthly: A quantity of mats or matting, larger 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, or to have been on board during the voyage on which the vessel was proceeding when captured, shall be considered as prima facie evidence of the actual employment of the vessel in the transport of Negroes or others for the purpose of consigning them to Slavery; and the vessel shall thereupon be condemned, and shall be declared lawful prize, unless clear and incontestably satisfactory 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 on some legal pursuit, and that such of the several things above enumerated, as were found on board of her at the

time of her detention, or had been on board of her on the voyage on which she was proceeding when captured, 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 vessel which is detained under the stipulations of this Treaty, or shall be proved to have been on board the vessel during the voyage on which the vessel was proceeding when captured, no compensation 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 Commission should not pronounce any sentence of condemnation in consequence of her detention.

Article XI. In all cases in which a vessel shall be detained, under this Treaty, by the respective cruizers of the Contracting Parties, as having been engaged in transporting Negroes or others for the purpose of consigning them to Slavery, or as having been fitted out for that purpose, and shall consequently be adjudged and condemned by the Mixed Commissions to be established as aforesaid, either of the two Governments may purchase the condemned vessel for the use of its royal navy, at a price to be fixed upon by a competent person, to be chosen by the Court of Mixed Commission for that purpose; but the Government whose cruizer shall have detained the condemned vessel shall have the first choice of purchasing her. But if the condemned vessel shall not be so purchased, 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 XII. When any vessel shall have been declared good prize by one of the Mixed Commissions, the captain, pilot, crew, and passengers found on board the said vessel, shall be immediately placed at the disposal of the Government of the country under whose flag the said vessel was navigating at the time of her capture, to be tried and punished according to the laws of that country. In the like manner, the owner of the vessel, the persons interested in the equipment and cargo, and their several agents, shall be tried and punished, unless they can prove that they took no part in that infraction of the

present Treaty, on account of which the vessel was condemned.

Article XIII. Each of the two High Contracting Parties most solemnly binds itself to guarantee the liberty of the Negroes who may be emancipated under the present Treaty, by the Mixed Commissions sitting within the colonies or possessions of such Government; and to afford from time to time, and whenever demanded by the other party, or by the members of the Mixed Commissions by whose sentence the Slaves shall have been liberated, 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.

For this purpose, the Regulations C, annexed to this Treaty, as to the treatment of Negroes liberated by sentence of the Mixed Commissions, have been drawn up, and are declared to form an integral part of this Treaty; the two High Contracting Parties reserving to themselves the right to alter, by common consent and by mutual agreement, but not otherwise, the terms and tenour of such Regulations.

Article XIV. The Acts or Instruments annexed to this Treaty, and which, it is mutually agreed, shall form an integral part thereof, are as follows:

A. Instructions for the ships of the royal navies of both nations, employed to prevent the transport of Negroes or others, for the purpose of consigning them to slavery. B. Regulations for the Mixed Commissions.

C. Regulations as to the treatment of liberated Negroes.

Article XV. Her Majesty the Queen of Portugal and Algarves hereby declares the Slave Trade to be piracy, and that those of her subjects who shall, under any pretext whatever, take any part in the Traffic in Slaves, shall be subjected to the most severe secondary punishment.

Article XVI. The present Treaty shall be ratified, and the ratifications shall be exchanged at Lisbon, at the expiration of two months from the date of its signature, or sooner if possible.

In witness whereof the respective Plenipotentiaries have signed, in duplicate originals, English and Portuguese, the

Y

present Treaty, and have thereunto affixed the seal of their

arms.

Done at Lisbon, the third day of July, in the year of our Lord one thousand eight hundred and forty-two. HOWARD DE WALDEN.

DUQUE DE PALMELLA.

(L.S.)

(L.S.)

Additional Article to the Treaty concluded between Great Britain and Portugal, for the abolition of Slave Trade, on the third day of July, in the year of our Lord one thousand eight hundred and forty-two.

As the object of this Treaty, and of the three Annexes which form part of it, is no other than that of preventing the Traffic in Slaves, without any annoyance to the respective merchant shipping of the two nations; and as this fraudulent traffic is carried on from the coast of Africa, where the Crown of Portugal has also extensive colonial possessions where legitimate commerce exists, and which it is important in the spirit of this Treaty to promote and protect, the High Contracting Parties, animated by the same sentiments, agree that if in future it should appear necessary to either of them to adopt new measures, or alter any of the executive regulations for attaining the said beneficent object, or for obviating any unforeseen inconvenience to the aforesaid shipping or lawful commerce which experience shall have made known, in consequence of those established in this Treaty and its Annexes proving inefficacious or injurious,-the said High Contracting Parties engage to consult together for the more complete attainment of the object proposed.

The present Additional Article shall have the same force and effect, as if it were inserted, word for word, in the Treaty signed on this day; and it shall be ratified, and the ratifications shall be exchanged within the term of two months from the date of its signature, or sooner if possible.

In witness whereof the respective Plenipotentiaries have signed it, and have affixed thereto the seal of their arms.