Slike strani
PDF
ePub

These Forms of Warrants and Orders shall be annexed to the Treaty signed this day between Great Britain and the Republic of Texas, for the suppression of African Slave Trade, and shall be considered as an integral part of that Treaty.

In witness whereof the respective Plenipotentiaries have signed the present Annex, and have affixed thereto the seals of their arms.

Done at London, the sixteenth day of November, in the year of our Lord one thousand eight hundred and forty. (L.S.) (L.S.) J. HAMILTON.

PALMerston.

ANNEX B to the Treaty between Great Britain and the Republic of Texas, for the suppression of African Slave Trade, signed at London, November 16, 1840.

Instructions to Cruizers.

First. Whenever a merchant vessel belonging to, or bearing the flag of, either of the High Contracting Parties to the Treaty of this date, shall be visited by a cruizer of the other, the officer commanding the cruizer shall, before he proceeds to the visit, exhibit to the master of such vessel the special Orders which confer upon him, by exception, the right to visit her; and he shall deliver to such master a certificate, signed by himself, specifying his rank in the navy of his country, with the name of the ship which he commands; and declaring that the only object of his visit is to ascertain whether the vessel is engaged in the African Slave Trade, or is fitted out for the purpose of such traffic, or has been engaged in the said traffic during the voyage in which she is met with by the said cruizer. When the visit is made by an officer of the cruizer other than her commander, such officer shall not be under the rank of lieutenant in the navy, unless he be the officer who at the time is second in command of the ship by which the visit is made; and in these cases such officer shall exhibit to the master of the merchant vessel, a copy of the special Orders above-mentioned, signed by the commander of the cruizer;

and shall likewise deliver to such master a certificate, signed by himself, specifying the rank which he holds in the navy of his country, the name of the commander under whose orders he is acting, the name of the cruizer to which he belongs, and the object of his visit as hereinbefore recited.

If it shall be ascertained by the visit that the ship's papers are regular, and her proceedings lawful, the officer shall certify upon the log-book of the vessel, that the visit took place in virtue of the special Orders above-mentioned; and these formalities having been completed, the vessel shall be permitted to continue her course.

Secondly. If in consequence of the visit, the officer commanding the cruizer shall be of opinion that there are sufficient grounds for believing that the vessel is engaged in the African Slave Trade, or has been fitted out for that traffic, or has been engaged in that traffic during the voyage in which she is met with by the cruizer; and if he shall in consequence determine to detain her, and to have her delivered up for adjudication, he shall forthwith cause a list to be made out, in duplicate, of all the papers found on board, and he shall sign this list, and the duplicate, adding, after his own name, his rank in the navy, and the name of the vessel under his command.

He shall in like manner make out and sign, in duplicate, a declaration, stating the place and time of the detention, the name of the vessel and that of her master, the names of the persons composing her crew, and the number and condition of the Slaves found on board.

This declaration shall further contain an exact description of the state of the vessel, and of her cargo.

Thirdly. The commander of the cruizer shall without delay carry or send the detained vessel, with her master, crew, passengers, cargo, and the Slaves found on board, to one of the ports or places hereinafter specified, in order that proceedings may be instituted in regard to them, conformably to the laws of the country under whose flag the vessel is sailing; and he shall deliver the same to the competent authorities, or to the persons who shall have been specially appointed for that purpose by the Government within whose territory such port or place shall be.

Fourthly. No person whatever shall be taken out of the

detained vessel; nor shall any part of her cargo, nor any of the Slaves found on board, be removed from her, until after such vessel shall have been delivered over to the authorities of her own nation; excepting in the cases otherwise provided for in the Treaty to which these Instructions form an Annex, or in the present Instructions; or unless the removal of the whole or of part of the crew or of the Slaves found on board, shall be deemed necessary, either for the preservation of their lives or from any other consideration of humanity, or for the safety of the persons who shall be charged with the navigation of the vessel after her detention. In any such case, the commander of the cruizer, or the officer appointed to bring in the detained vessel, shall make a declaration of such removal, in which he shall specify the reasons for the same; and, except as otherwise provided for with respect to Slaves, in the said Treaty, or in these Instructions, the masters, sailors, passengers, or Slaves, so removed, shall be carried to the same port or place as the vessel and her cargo, and they shall be received in the same manner as the vessel, agreeably to the regulations hereinafter set forth.

Fifthly. All Texian vessels which shall be detained by the cruizers of Great Britain, in consquence of being engaged in the African Slave Trade, shall be carried and delivered up to the Texian jurisdiction at Galveston. But any Slaves found on board of Texian vessels detained on the coast of Brazil or on the coast of Africa, whether by a British or by a Texian cruizer, under the Treaty to which these Instructions form an Annex, shall at once be carried or sent by the commander of the capturing cruizer, to one of the British settlements on the coast of Africa. And any Slaves found on board of Texian vessels detained in the West Indies, whether by a British or a Texian cruizer, under the Treaty to which these Instructions form an Annex, shall, together with the vessels so detained, be carried and delivered up to the Texian authorities at Galveston, to be disposed of after adjudication, according to the provisions of the said Treaty.

All British vessels which shall be detained by the cruizers of Texas, in consequence of being engaged in the African Slave Trade, shall, together with the Slaves found

on board, be carried and delivered up to the British jurisdiction at Bathurst, on the river Gambia, if taken off the coast of Africa; or at Port Royal in Jamaica, if taken in the West Indies.

Sixthly. As soon as a merchant vessel which shall have been detained as aforesaid, shall arrive at one of the ports or places above-mentioned, the commander of the cruizer, or the officer appointed to bring in such detained vessel, shall forthwith deliver to the authorities, duly appointed for that purpose by the Government within whose territory such place shall be, the vessel and her cargo, together with the master, crew, and passengers, and the Slaves found on board, unless such Slaves shall have been carried or sent to another port or place, as hereinbefore directed; and also the papers which shall have been seized on board the vessel, and one of the duplicate lists of the said papers, retaining the other in his own possession. Such officer shall at the same time deliver to the said authorities one of the declarations made out in duplicate, as hereinbefore specified, adding thereto a statement of any changes which may have taken place from the time of the detention of the vessel to that of the delivery, as well as a copy of the statement of any removals which may have taken place, as above provided for.

In delivering over these several documents, the officer shall make, in writing and on oath, an attestation of their truth.

Seventhly. If the commander of a cruizer of either of the High Contracting Parties, who shall be duly furnished with the aforesaid special Instructions, shall have reason to suspect that a merchant vessel, sailing under convoy of, or in company with, a ship of war of the other party, is engaged in the African Slave Trade, or has been fitted out for the purpose of that traffic, or has been engaged in the said traffic during the voyage in which she is met with by the said cruizer, he shall confine himself to communicating his suspicions to the commander of the ship of war; and he shall leave it to the latter to proceed alone to visit the suspected vessel, and to deliver her up to the jurisdiction of her own country, if there should be cause for doing so.

These Instructions shall be annexed to the Treaty signed this day between Great Britain and the Republic of Texas, for the suppression of African Slave Trade, and shall be considered as an integral part of that Treaty.

In witness whereof, the respective Plenipotentiaries have signed the present Annex, and have affixed thereto the seals of their arms.

Done at London, the sixteenth day of November, in the year of our Lord one thousand eight hundred and forty. (L.S.) PALMERSTON. (L.S.) J. HAMILTON.

TUSCANY.

CONVENTION between Her Majesty, the King of the French, and the Grand Duke of Tuscany, containing the Acces sion of the Grand Duke of Tuscany to two Conventions between Great Britain and France, for the more effectual suppression of the Slave Trade.-Signed at Florence, November 24, 1837.

[Ratifications exchanged at Florence, March 2, 1838.]

His Majesty the King of the United Kingdom of Great Britain and Ireland, and his Majesty the King of the French, having concluded on the 30th of November, 1831, and the 22nd of March, 1833, two Conventions, intended to ensure the complete suppression of the Slave Trade;

Her Majesty the Queen of the United Kingdom of Great Britain and Ireland, and His Majesty the King of the French, conformably to the IXth Article of the first of these Conventions, which states that the other Maritime Powers shall be invited to accede to it, have addressed this invitation to His Imperial and Royal Highness the Grand Duke of Tuscany ;

And His Imperial and Royal Highness, animated with the same sentiments, and earnest to concur with his two August Allies in the same humane object, having without hesitation assented to their proposal;

The three High Contracting Parties, with the view of accomplishing this generous design, and of giving due authenticity and all accustomed solemnity to the accession of His Imperial and Royal Highness the Grand Duke of Tus

« PrejšnjaNaprej »