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of the present Treaty, shall declare, each for its own dominions, in what places the Commissions shall respectively reside. Each of the two High Contracting Parties reserving to itself the right of changing, at its pleasure, the place of residence of the Commission held within its own dominions; provided, however, that one of the two Commissions shall always be held upon the coast of Africa, and the other in one of the Colonial Possessions of His Catholic Majesty.
These Commissions shall judge the causes submitted to them without appeal, and according to the regulation and instructions annexed to the present Treaty, of which they shall be considered as an integral part.
Art. 13. The acts or instruments annexed to this Treaty, and which form an integral part thereof, are as follows:
No. 1. Form of passport for the Spanish merchant ships, destined for the lawful Traffic in Slaves.
No. 2. Instructions for the ships of war of both nations, destined to prevent the illicit Traffic in Slaves.
No. 3. Regulation for the mixed Commissions, which are to hold their sittings on the coast of Africa, and in one of the Colonial Possessions of His Catholic Majesty.
Art. 14. The present Treaty, consisting of fourteen Articles, shall be ratified, and the Ratifications exchanged at Madrid, within the space of two months from this date, or sooner if possible.
In witness whereof the respective Plenipotentiaries have signed the same, and have thereunto affixed the Seal of their Arms.
Done at Madrid, this twenty-third day of
September, in the year of our Lord one thousand eight hundred and seventeen.
HENRY WELLESLEY. (L. S.)
(Signed) JOSE PIZARRO. (L. S.)
Form of Passport for Spanish Vessels destined for the lawful Traffic in Slaves. FERDINAND, by the Grace of God, King of Castille, of Leon, of Aragon, of the two Sicilies, of Jerusalem, of Navarre; of Granada, of Toledo, of Valencia, of Gallicia, of Majorca, of Minorca, of Seville, of Sardinia, of Cordova, of Corsica, of Murcia, of Jaen, of the Algarves, of Algeciras, of Gibraltar, of the Canary Islands, of the East and West Indies, Isles, and Terra Firma of the Ocean; Arch Duke of Austria; Duke of Burgundy, of Brabant, and of Milan; Count of Apsburgh, Flanders, Tirol, and Barcelona; Lord of Biscay and of Molina, &c.
Whereas I have granted permission for the vessel called
tons, and carrying
Men and Master Owner, both Spaniards and Subjects of My Crown, to proceed bound to the Ports of Coast of
Africa, from whence she is to return to the said Master and Owner having previously taken the required oath before the Tribunal of Marine of the proper Naval Division from whence the said vessel sails, and legally proved
that no Foreigner has any share in the above vessel and cargo, as appears by the certificate. annexed to this passport; which certificate is given by the same Tribunal, in consequence of the steps taken in pursuance of the directions contained in the Ordnance of Matriculation of 1802.
The said Owner of the said vessel being under an obligation to enter solely such ports on the Coast of Africa as are to the south of the Line; and to return from thence to any of the ports of My dominions, where alone they shall be permitted to land the Slaves whom they carry, after going through the proper forms, to shew that they have, in every respect, complied with the provisions of My Royal Decree of 1817, by which the mode of conveying Slaves from the Coast of Africa to My Colonial Dominions is regulated; and should they fail in any of these conditions, they shall be liable to the penalties denounced by the said Decree against those who shall carry on the Slave Trade in an illicit
I therefore command all General and other Officers commanding My squadrons and ships; the Captain Generals of the departments of Marine, the Military Commandants of the Provinces of the same, their Subalterns, Captains of the Ports, and all other Officers and persons belonging to the Navy; the Viceroys, Captain Generals or Commandants of Kingdoms and Provinces; the Governors, Mayors, and Justices of the Towns upon the sea coast of My Dominions of Indies; the Royal Officers or Judges of Entries therein established; and all others of
My subjects to whom it belongs, or may belong; not to give her any obstruction, nor to occasion her any inconvenience or detention, but rather to aid her and to furnish her with whatever she may want for her regular navigation; and of the vassals and subjects of Kings, Princes, and Republics in friendship and alliance with Me; of the Commanders, Governors, or Chiefs of their Provinces, Fortresses, Squadrons, and Vessels, I require that they likewise shall not impede her in her free navigation, entry, departure, or detention in the ports to which, by any accident, she may be carried; but permit her to provide and supply herself therein with whatever she may be in need of, for which purpose I have commanded this passport to be made out, which, being signed for its validity by my Secretary of State for the Dispatch of Marine, shall serve for the time that a voyage, going and returning, may last; after the conclusion of which, it shall be returned to the Commandant of Marine, Governor or other person by whom it may have been issued; adding, for its proper use, the corresponding note.
Given at Madrid, on
İ, THE KING.
(Here the Signature of the Secretary of State and of the Dispatch of Marine.)
Note. This passport, No.
any number of Slaves, not exceeding
being in the proportion of five Slaves for every two tons (as permitted by the Royal Decree 1817) excepting always such
Slaves employed as sailors or domestics, and children born on board during the voyage; and the same is issued by me the undersigned on the day of this date, made who has pre
out in favour of viously conformed with all the formalities required by the Royal Decree of
1817, and is bound to return it immediately upon his return from the voyage.
of the year
(Here the Signature of the Principal Marine Authority of the Naval Division, Station, Province, or Port from whence the vessel clears out.)
HENRY WELLESLEY. (L. Si)
JOSE PIZARRO. (L.S.)
Instructions for the British and Spanish Ships of War employed to prevent the illicit Traffic in Slaves.
EVERY British or Spanish ship of war shall, in conformity with Article IX. of the Treaty of this date, 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;