« PrejšnjaNaprej »
18. You will forward to the Admiralty a detailed report of REPORTS tɔ all proceedings which may have taken place on the occasion of BE MADE. visiting any port or place for the purposes mentioned in this Instruction. And in those cases in which you shall have deputed to another Officer the duty of visiting the place, the Officer so deputed will forward direct to the Admiralty a duplicate of his report to you.
19. You will make to the Admiralty an annual detailed report on the state of legal commerce, and the extent of Slave Trade, throughout your station, recapitulating therein the prineipal points of your occasional reports during the year, and adding thereto such other information as may serve to give to Her Majesty's Government a correct view of the course of your proceedings and of their result in the service of suppressing the Slave Trade.
Given under our hands, this 12th day of June, 1844.
Instructions for Her Majesty's Officers appointed to act in execution of the Treaties, Conventions, and Engagements, hereinafter
[Forms 3, 4, 5, 6, 7, apply to this Treaty.]
Instructions for Commanders of Her Majesty's Ships authorized
By the Commissioners for executing the Office of Lord High
THE Treaty of the 4th May, 1818, between Great Britain Ratifications and the Netherlands, has two Annexes, marked A and B, which, exchanged by the terms of the Treaty are declared to form an integral part 1818. thereof.
Annex A contains Instructions for the ships of the Royal Navies of both nations employed to prevent the illicit Traffic in Slaves.
Annex B contains Regulations for the Mixed Courts of Justice established under the Treaty.
There are also three Additional Articles to the Treaty, dated Ratifications respectively December 31, 1822, January 25, 1823, and February Feb.11,1823.
Your conduct in suppressing Slave Trade carried on in Feb.27,1837. Netherland vessels must be governed and regulated by the Treaty and its Annexes; and the following Instructions are framed, in conformity with these documents, for the purpose of distinctly pointing out the course which you are to pursue in carrying the Treaty into effect.
Commanders of Her Majesty's ships are not authorized to AUTHORITY search Netherland vessels under this Treaty, unless duly provided with the Instructions contained in Annex A, signed by the Lords of the Admiralty; but when furnished with this document, they are authorized to visit, search and detain, under the con- Treaty; ditions prescribed by the Treaty, any Netherland vessel which, Treaty; upon reasonable grounds, may be suspected of being engaged in Art. II. Slave Trade.
The authority to visit and search must be exercised under the VISIT AND following restrictions and regulations :
First. In no case is the search to be made by an Officer under Annex A, the rank of Lieutenant in the Navy.
Secondly. The Right of Search can only be exercised in Treaty;
respect to merchant-vessels.
Treaty; Art. II. Additional Article I, Dec. 31,
Article, Jan. 25, 1823.
Thirdly. The Right of Search is not to be exercised in the Mediterranean Sea, nor within the seas of Europe which lie without the Straits of Gibraltar, and to the northward of the 37th degree of North latitude, and within and to the eastward of the 29th degree of West longitude from Greenwich.
Fourthly. If you should deem it expedient to visit any merchant-vessel or vessels, under the Flag and proceeding under the convoy of any ship of the Royal Navy of the Netherlands, you will proceed to make the visit in company with the Commander of the convoy, who, by the Treaty, is bound to give every facility to such visit, and to the eventual detention of the vessel by you, if required, and in all things to assist to the utmost of his power in the execution of this Treaty.
In the event of your commanding a convoy you are in like manner to permit the Commander of a Netherland ship of war, duly authorized under this Treaty, to visit, in company with you, any British merchant-vessel under your convoy suspected of Slave Trade, and to give every facility to such visit, and to the eventual detention of the vessel by the Netherland Commander, if required.
A full report of the circumstances relating to any British or Netherland vessels, so met with under convoy, must be made to the Officer under whose orders you are serving, and a duplicate of the report is to be sent to the Admiralty, at the earliest opportunity.
It will be your duty when duly authorized under this Treaty, to seize any Netherland vessel found where search is permitted, whenever it shall appear,
First. That Slaves for the purpose of traffic are or have been on board during the particular voyage on which the vessel may be captured.
Secondly. That the vessel has on board any of the fittings or Additional equipments described in the Additional Article, January 25, 1823, excepting in the particular cases wherein it is provided to the contrary by Sections 6 and 9 of the said Article; and provided also such vessel be met with in any river, bay, or creek, on the Coast of Africa, or within one geographic degree to the westward thereof, and between the 20th degree of North latitude and the 20th degree of South latitude.
Negro servants or sailors found on board Netherland vessels cannot in any case be deemed a sufficient cause for detention.
If you should determine to seize the vessel, you are forthwith to take possession of the ship's papers, and of all other documents and letters found on board; and cause a list to be made Form No. 4. out thereof in duplicate, according to Form No. 4, verifying the same by your signature; and you are to deliver to the Master of the seized vessel one of the said certified lists.
You are, also, at the time of seizure, to draw up in writing a declaration of the state in which you found the seized vessel, Form No. 5. according to Form No. 5; and this declaration is to be signed by yourself, and to be given in or sent, together with the cap
jured vessel, to the Mixed Court of Justice before which such yessel shall be taken for adjudication.
PORT OF AD
In the event of your seizing a Netherland vessel, you must, CONDUCTwithout delay, take her for trial, before that one of the Mixed ING TO THE Courts of Justice which shall be nearest the place of detention, JUDICATION. or which can be soonest reached from such place.
There are two Mixed Courts of Justice established under this Treaty, one at Sierra Leone, the other at Surinam.
You are to leave on board the seized vessel all the cargo, the Annex A, Master, and a part at least of the crew.
The Negroes are not to be disembarked until the arrival of the vessel at the Port of Adjudication, unless urgent reasons, arising from the length of the voyage, their state of health, or other causes, require that the whole or a portion of the Slaves should be disembarked before such arrival, in which case you may take on yourself the responsibility of such disembarkation, provided the necessity be stated in a certificate; and then you must draw out a certificate, according to Form No. 3, in which Form No. 3. you are to declare the reasons for the said disembarkation.
As soon as the Officer in charge of the seized vessel shall have brought her to the place where the Mixed Court of Justice is sitting, he is to deliver to the Court,
First. Duplicate of the certificate delivered to the Master at the time of seizure, according to Form No. 4.
Secondly. The authenticated declaration drawn up also at the time of seizure, according to Form No. 5.
INGS AT THE
PORT OF AD-
Form No. 5.
Thirdly. An affidavit to which all the ship's papers, together with all other documents and letters at any time found on board, must be annexed; and this affidavit must verify the same: Form No. 6 is to be used for this purpose, unless there should be a Form No. 6. different Form prescribed by the Court.
Fourthly. Another affidavit, in which are to be stated any changes which may have taken place in respect to the vessel, the Slaves, if any, and her cargo, between the period of her detention and the time of delivering in such papers: Form No. 7 is to be used for this purpose, unless there should be a different Form prescribed by the Court.
Form No. 7.
Fifthly. If any Slaves shall have been removed under the provisions of Article III, Annex A, he is also to deliver in to Annex A, the Court the certificate therein described, according to Form Art. III. No. 3.
The Officer will then by himself or agent proceed in the case, according to the forms of business in use in the Mixed Courts of Justice, which he will learn on application to the Registrar.
Form No. 3.
The rights conferred by the Treaty must in every case, and Treaty: in all stages, be exercised in the mildest manner and with every attention which ought to be observed between allied and friendly