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APPENDIX TO SECTION EIGHTH.
By the Commissioners for executing the Office of Lord High Admiral of the United Kingdom of Great Britain and Ireland, &c.
WHEREAS a Treaty between Great Britain and the Netherlands for the Abolition of the Slave Trade, was signed at the Hague on the 4th of May, 1818; and Instructions for Cruizers, marked A, and Regulations for Mixed Courts of Justice, marked B, were annexed thereto, and declared to form an integral part thereof; and the ratifications of the same were exchanged on the 25th of May, 1818: and whereas the High Contracting Parties mutually agreed thereby, that twelve ships of their Royal Navies, respectively furnished with the Instructions contained in Annex A to the Treaty, might search and send in for trial, vessels suspected of the illegal Traffic in Slaves: and whereas we think fit that Her Majesty's ship under your command should be one of those authorized to act under the Treaty,
We furnish you with a copy of the said Treaty and of its Annexes, marked A and B; and you are hereby expressly authorized, empowered, and ordered, to act in the suppression of the Traffic in Slaves according to the said Treaty.
Given under our hands, this 12th day of June, 1844.
Commander of Her Majesty's ship
By command of their Lordships,
W. H. GAGE.
Treaty between His Britannic Majesty and His Majesty the King of the Netherlands, for preventing their Subjects from engaging in any Traffic in Slaves. Signed at the Hague, May 4th, 1818.
In the name of the Most Holy Trinity.
His Majesty the King of the United Kingdom of Great Britain and Ireland, and His Majesty the King of the Netherlands, animated with a mutual desire to adopt the most effectual measures for putting a stop to
the carrying on of the Slave Trade by their respective subjects, and for preventing their respective flags from being made use of as a protection to this nefarious traffic, by the people of other countries who may engage therein; their said Majesties have accordingly resolved to proceed to the arrangement of a Convention for the attainment of their objects, and have therefore named as Plenipotentiaries, ad hoc,
His Majesty the King of the United Kingdom of Great Britain and Ireland, the Right Honourable Richard, Earl of Clancarty, Viscount Dunlo, Baron Kilconnel, Baron Trench of Garbally, in the United Kingdom of Great Britain and Ireland, one of His Majesty's Most Honourable Privy Council in Great Britain and also in Ireland, Member of the Committee of the First for the affairs of Commerce and Colonies, Colonel of the Regiment of Militia of the County of Galway, Knight Grand Cross of the Most Honourable Order of the Bath, Ambassador Extraordinary and Plenipotentiary of His said Majesty to His Majesty the King of the Netherlands, Grand Duke of Luxemburg; and His Majesty the King of the Netherlands, Anne William Charles, Baron de Nagell d'Ampsen, Member of the Body of Nobles of the Province of Guelderland, Knight Grand Cross of the Order of the Belgic Lion and of that of Charles the Third, Chamberlain and Minister of State holding the department of Foreign Affairs; and Cornelius Felix van Maanen, Commander of the Order of the Belgic Lion, and Minister of State holding the department of Justice: who, having exchanged their full powers, found in good and due form, have agreed on the following Articles :
ARTICLE I. The laws of the United Kingdom of Great Britain and Ireland rendering it already highly penal for the subjects of His Britannic Majesty to carry on, or to be in any way engaged in Trade in Slaves, His Majesty the King of the Netherlands, referring to the 8th Article of the Convention entered into with His Britannic Majesty on the 13th August, 1814, engages in pursuance thereof, and within eight months from the ratification of these presents, or sooner, if possible, to prohibit all his subjects, in the most effectual manner, and especially by penal law the most formal, to take any part whatever in the Trade of Slaves; and in the event of the measures already taken by the British Government, and to be taken by that of the Netherlands, being found ineffectual or insufficient, the High Contracting Parties mutually engage to adopt such further measures, whether by legal provision or otherwise, as may from time to time appear to be best calculated in the most effectual manner, to prevent all their respective subjects from taking any share whatever in this nefarious traffic.
ARTICLE II. The two High Contracting Parties, for the more complete attainment of the object of preventing all Traffic in Slaves, on the part of their respective subjects, mutually consent that the ships of their Royal Navies, which shall be provided with Special Instructions for this purpose, as hereinafter mentioned, may visit such merchant vessels of the two nations as may be suspected, upon reasonable grounds, of having Slaves on board for an illicit traffic; and in the event only of their finding such Slaves on board, may detain and bring away such vessels, in order that they may be brought to trial before the tribunals established for this purpose, as shall hereinafter be specified.
ARTICLE III. In the intention of explaining the mode of execution of the preceding Article, it is agreed,
1st. That such reciprocal right of visit and detention shall not be exercised within the Mediterranean Sea, or within the seas in Europe lying without the Straits of Gibraltar, and which lie to the northward of the thirty-seventh parallel of North latitude, and also within and to the eastward of the meridian of longitude twenty degrees West of Greenwich.
2nd. 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, immediately upon their issue, communicated by the Power issuing the same to the other High Contracting Party.
3rd. That the number of 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 special consent of the other High Contracting Party being first had and obtained.
4th. That if at any time it should be deemed expedient that any ship of the Royal Navy of either of the two High Contracting Parties autho rized to make such visit as aforesaid, should proceed to visit any merchant ship or ships under the flag, and proceeding under the convoy of any vessel or vessels of the Royal Navy of the other High Contracting Party, that the Commanding Officer of the ship duly authorized and instructed to make such visit, shall proceed to effect the same in com munication with the Commanding Officer of the convoy, who, it is hereby agreed, shall give every facility to such visit, and to the eventual detainer of the merchant-ship or ships so visited, and in all things assist, to the utmost of his power, in the due execution of the present Convention, according to the true intent and meaning thereof.
5th. It is further mutually agreed, that the Commanders of the ships of the two Royal Navies, who shall be employed on this service, shall adhere strictly to the exact tenor of the instructions which they shall receive for this purpose.
ARTICLE IV. 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 unjustly, 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 the arbitrary detention; and that the visit and detention of ships specified in this Article shall only be effected by those British or Netherland vessels which may form part of the two Royal Navies, and by those only of such vessels which are provided with the Special Instructions annexed to the present Treaty, in pursuance of the provisions thereof.
ARTICLE V. No British or Netherland cruizer shall detain any ship whatever not having Slaves actually on board; and in order to render lawful the detention of any ship, whether British or Netherland, the Slaves found on board such vessel must have been brought there for the express purpose of the traffic.
ARTICLE VI. All ships of the Royal Navies of the two nations,
which shall hereafter be destined to prevent the Traffic in Slaves, shall be furnished by their respective Governments with a copy of the Instructions annexed to the present Treaty, and which shall be considered as an integral part thereof.
These Instructions shall be written in the Dutch and English languages, and signed for the vessels of each of the two Powers, by the minister of their respective marine.
The two High Contracting Parties reserve the faculty of altering the said Instructions, in whole or in part, according to circumstances; it being, however, well understood, that the said alterations cannot take place but by the common agreement, and by the consent of the two High Contracting Parties.
ARTICLE VII. In order to bring to adjudication, with the least delay and inconvenience, the vessels which may be detained for having been engaged in a Traffic of Slaves, according to the tenor of the Fifth 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 their respective Sovereigns.
These Courts shall reside-one in a possession belonging to His Britannic Majesty, the other within the territories of His Majesty the King of the Netherlands; and the two Governments, at the period of the exchange of the ratifications of the present Treaty, shall declare, each for its own dominions, 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 residence of the Court held within its own dominions; provided, however, that one of the two Courts shall always be held upon the coast of Africa, and the other in one of the colonial possessions of His Majesty the King of the Netherlands.
These Courts shall judge the causes submitted to them according to the terms of the present Treaty, without appeal, and according to the Regulations and Instructions annexed to the present Treaty, of which they shall be considered as an integral part.
ARTICLE VIII. In case the Commanding Officer of any of the ships of the Royal Navies of Great Britain, and of the Netherlands, commissioned under the Second Article of this Treaty, shall deviate in any respect from the dispositions of the said Treaty, and shall not be enabled to justify himself, either by the tenor of the said Treaty, or of the Instructions annexed to it, the Government which shall conceive itself to be wronged by such conduct, shall be entitled to demand reparation; and in such case, the Government to which the captor may belong, binds itself to cause enquiry to be made into the subject of the complaint, and to inflict upon the captor, if he be found to have deserved it, a punishment proportioned to the transgression which may have been committed.
ARTICLE IX. The acts or instruments annexed to this Treaty, and which form an integral part thereof, are as follows:
A. Instructions for the ships of the Royal 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 colonial possessions of His Majesty the King of the Netherlands.
ARTICLE X. The present Treaty, consisting of ten Articles, shall be ratified, and the ratifications exchanged within the space of one month from this date, or sooner, if possible.
In witness whereof the respective Plenipotentiaries have signed the same, and thereunto affixed the seal of their arms.
Done at the Hague, this fourth of May, in the year of our Lord one thousand eight hundred and eighteen.
Instructions for the Ships of the British and Netherland Royal Navies, employed to prevent the Traffic in Slaves.
ARTICLE I. Every ship of the Royal British or Netherland Navy, which, furnished with these Instructions, shall in conformity with the Second Article of the Treaty of this date, have a right to visit the merchant-ships of either of the two Powers actually engaged, or sus pected 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 purposes of the traffic, the commander of the said ship of the Royal Navy may detain them, and having detained them, he is to bring them as soon as possible for judgment, before that of the two Mixed Courts of Justice, appointed by the Seventh Article of the Treaty of this date, which shall be the nearest, or which the commander of the capturing ship shall, upon his own responsibility, think he can soonest reach from the spot where the ship shall have been detained.
Ships, on board of which no Slaves shall be found intended for purposes of traffic, shall not be detained on any account or pretence whatever.
Negro servants or sailors that may be found on board the said vessels cannot in any case be deemed a sufficient cause for detention.
ARTICLE II. Whenever a ship of the Royal Navies so commissioned, shall meet a merchantman liable to be searched, it shall be done in the mildest manner, and with every attention which is due between allied and friendly nations; and in no case shall the search be made by an Officer holding a rank inferior to that of Lieutenant in the Navies of Great Britain and of the Netherlands.
ARTICLE III. The ships of the Royal Navies so commissioned, which may detain any merchant ship, in pursuance of the tenor of the present Instructions, shall leave on board all the cargo, as well as the