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master, and a part at least of the crew of the above-mentioned ship: the captor shall draw up in writing an authentic declaration, which shall exhibit the state in which he found the detained ship, and the changes which may have taken place in it. He shall deliver to the master of the detained ship, a signed certificate of the papers seized on board the said vessel, as well as of the number of Slaves found on board at the moment of detention.
The Negroes shall not be disembarked till after the vessels which contain them shall be arrived at the place where the legality of the capture is to be tried by one of the two Mixed Courts, in order that, in the event of their not being adjudged legal prize, the loss of the proprietors may be more easily repaired. If, however, urgent motives, deduced from the length of the voyage, the state of health of the Negroes, or other causes, required that they should be disembarked entirely or in part, before the vessel could arrive at the place of residence of one of the said Courts, the commander of the capturing ship may take on himself the responsibility of such disembarkation, provided that the necessity be stated in a certificate in proper form.
Regulations for the Mixed Courts of Justice, which are to reside on the Coast of Africa, and in a Colonial Possession of His Majesty the King of the Netherlands.
ARTICLE I. The Mixed Courts of Justice, to be established by the Treaty of this date, upon the coast of Africa and in a colonial possession of His Majesty the King of the Netherlands, are appointed to decide upon the legality of the detention of such vessels as the cruizers of both nations shall detain in pursuance of this same Treaty. The above-mentioned Courts shall judge definitively and without appeal, according to the present Treaty.
The proceeding shall take place as summarily as possible: the Courts are required to decide (as far as they shall find it practicable), within the space of twenty days, to be dated from that on which every detained vessel shall have been brought into the port where they shall reside,-First, upon the legality of the capture;-Secondly, in the cases in which the captured vessel shall have been liberated, as to the indemnification which the said vessel is to receive.
And it is hereby provided, that in all cases the final sentence shall not be delayed on account of the absence of witnesses, or for want of other proofs, beyond the period of two months, except upon the application of any of the parties interested, when, upon their giving satisfactory security to charge themselves with the expense and risks of the delay, the Courts may at their discretion grant an additional delay not exceeding four months.
ARTICLE II. Each of the above-mentioned Mixed Courts, which are to reside on the coast of Africa, and in a colonial possession of His Majesty the King of the Netherlands, shall be composed in the following manner :—
The two High Contracting Parties shall each of them name a Judge and an Arbitrator, who shall be authorized to hear and to decide without appeal all cases of capture of vessels which, in pursuance of the stipulations of the Treaty of this date, shall be brought before them. All the essential parts of the proceedings carried on before these Mixed Courts shall be written down in the legal language of the country in which the Court may reside.
The Judges and the Arbitrators shall make oath before the principal Magistrate of the place in which the Courts may reside, to judge fairly and faithfully, to have no preference either for the claimants or the captors, and to act in all their decisions, in pursuance of the stipulations of the Treaty of this date.
There shall be attached to each Court a Secretary or Registrar, appointed by the Sovereign of the country in which the Court may reside, who shall register all its acts, and who, previous to his taking charge of his post, shall make oath before the Court to conduct himself with respect for their authority, and to act with fidelity in all the affairs which may belong to his charge.
ARTICLE III. The form of the process shall be as follows:
The Judges of the two nations shall, in the first place, proceed to the examination of the papers of the vessels, and to receive the depositions of the captain, and of two or three at least of the principal individuals on board of the detained vessel, as well as the declaration on oath of the captor, should it appear necessary, in order to be able to judge and to pronounce whether the said vessel has been justly detained or not, according to the stipulations of the present Treaty, and in order that according to this judgment it may be condemned or liberated. And, in the event of the two Judges not agreeing in the sentence they ought to pronounce, whether as to the legality of the detention, or the indemnification to be allowed, or any other question which might result from the stipulations of the present Treaty, they shall draw by lot the name of one of the two Arbitrators, who, after having considered the documents of the process, shall consult with the above-mentioned Judges on the case in question, and the final sentence shall be pronounced conformably to the opinion of the majority of the abovementioned Judges and of the above-mentioned Arbitrator.
ARTICLE IV. In the authenticated declaration which the captor shall make before the Court, as well as in the certificate of the papers seized, which shall be delivered to the captain of the captured vessel at the time of the detention, the above-mentioned captor shall be bound to declare his name, the name of his vessel, as well as the latitude and longitude of the place where the detention shall have taken place, and the number of Slaves found on board of the ship at the time of the detention.
ARTICLE V. As soon as sentence shall have been pronounced, the detained vessel, if liberated, and the cargo, in the state in which it shall then be found, shall be restored to the master, or the person who represents him, who may, before the same Court, claim a valuation of the damages which they may have a right to demand: the captor himself, and, in his default, his Government, shall remain responsible for the above-mentioned damages.
The two High Contracting Parties bind themselves to pay, within the term of a year from the date of the sentence, the costs and damages which may be granted by the above-named Court, it being understood that these costs and damages shall be at the expense of the Power of which the captor shall be a subject.
ARTICLE VI. In the case of the condemnation of a vessel, she shall be declared lawful prize, as well as her cargo, of whatever description it may be, with the exception of the Slaves who may be on board as objects of commerce; and the said vessel, as well as her cargo, shall be sold by public sale, for the profit of the two Governments; and as to the Slaves, they shall receive from the Mixed Court a certificate of emancipation, and shall be delivered over to the Government on whose territory the Court which shall have so judged them, shall be established, to be employed as servants or free labourers.
Each of the two Governments binds itself to guarantee the liberty of such portion of these individuals as shall be respectively consigned to it.
ARTICLE VII. The Mixed Courts shall also take cognizance and decide according to the Third Article of this Regulation, on all claims for compensation, on account of losses occasioned to vessels detained under suspicion of having been engaged in the Slave Trade, but which shall not have been condemned as legal prize by the said Courts; and in all cases wherein restitution shall be decreed, the Court shall award to the claimant or claimants, his or their lawful attorney or attornies, for his or their use, a just and complete indemnification for all costs of suit, and for all losses and damages which the claimant or claimants may have actually sustained by such capture and detention; that is to say, first, in case of total loss, the claimant or claimants shall be indemnified,
a. For the ship, her tackle, apparel, and stores.
b. For all freights due and payable.
c. For the value of the cargo of merchandize, if any; deducting for all charges and expenses payable upon the sale of such cargoes, including commission of sale.
d. For all other regular charges, in such cases of total loss; and,
Secondly, in all other cases not of total loss, the claimant or claimants shall be indemnified,
a. For all special damages and expenses occasioned to the ship by the detention, and for loss of freight, when due or payable.
b. A demurrage when due, according to the Schedule annexed to the present Article.
c. For any deterioration of cargo.
d. An allowance of five per cent. on the amount of the capital employed in the purchase of cargo, for the period of delay occasioned by the detention; and,
e. For all premium of insurance on additional risks.
The claimant or claimants shall in all cases be entitled to interest, at the rate of five per cent. per annum on the sum awarded, until paid by the Government to which the capturing ship belongs, the whole amount of such indemnifications being calculated in the money of the
country to which the captured ship belongs, and to be liquidated at the exchange current at the time of the award.
The two High Contracting Parties wishing, however, to avoid, as much as possible, every species of fraud in the execution of the Treaty of this date, have agreed, that if it should be proved, in a manner evident to the conviction of the Judges of the two nations, and without having recourse to the decision of an Arbitrator, that the captor has been led into error by a voluntary and reprehensible fault on the part of the captain of the detained ship; in that case only, the detained ship shall not have the right of receiving, during the days of her detention, the demurrage stipulated by the present Article.
Schedule of demurrage or daily allowance for a vessel of
ARTICLE VIII. Neither the Judges nor the Arbitrators, nor the Secretary of the Mixed Court, shall be permitted to demand, or receive from any of the parties concerned in the sentences which they shall pronounce, any emolument, under any pretext whatsoever, for the performance of the duties which are imposed upon them by the present Regulation.
ARTICLE IX. The two High Contracting Parties have agreed that, in the event of the death or legal impeachment of one or more of the Judges or Arbitrators composing the above-mentioned Mixed Courts, their posts shall be supplied, ad interim, in the following manner :
On the part of the British Government, the vacancies shall be filled successively in the Court which shall sit within the possessions of His Britannic Majesty, by the Governor or Lieutenant-Governor resident in that Colony, by the principal Magistrate of the same, and by the Secretary; and in that which shall sit within the possessions of His Majesty the King of the Netherlands, it is agreed that, in case of the death of the British Judge or Arbitrator there, the surviving individuals of the said Court shall proceed equally to the judgment of such ships as may be brought before them, and to the execution of their sentence.
On the part of the Netherlands, the vacancies shall be supplied, in the possessions of His Majesty the King of the Netherlands, successively by the Governor or Lieutenant-Governor, the principal Magistrate, and Secretary of Government; and upon the coast of Africa, in case of the death of any Netherland Judge or Arbitrator, the surviving members of the Court shall proceed to judgment in the same manner as above specified for the Court resident in the possession of His Majesty the King of the Netherlands, in the event of the death of the British Judge or Arbitrator.
The High Contracting Parties have further agreed, that the Governor or Lieutenant-Governor of the settlement, wherein either of the Mixed Courts shall sit, in the event of a vacancy arising, either of the Judge or Arbitrator of the other High Contracting Party, shall forthwith give notice of the same to the Governor or Lieutenant-Governor of the nearest settlement of such High Contracting Party, in order that the loss may be supplied at the earliest possible period; and each of the High Contracting Parties agrees to supply definitively, as soon as possible, the vacancies that may arise in the above-mentioned Courts, from death or any other cause whatever.
Traité entre Sa Majesté Britannique et Sa Majesté le Roi des Pays Bas, afin d'empêcher tout Commerce d'Esclaves de la part de leurs Sujets respectifs. Signé à La Haye, le 4 Mai, 1818.
Au nom de la Très Sainte Trinité.
SA Majesté le Roi des Pays Bas, et Sa Majesté le Roi du Royaume Uni de la Grande Bretagne et d'Irlande, animées d'un désir mutuel d'adopter les mesures les plus efficaces pour empêcher le Commerce des Esclaves par leurs sujets, et prévenir que d'autres nations qui s'y trouvent engagées ne se servent de leurs pavillons respectifs pour protéger cet odieux trafic; leurs dites Majestés ont résolu de procéder à la conclusion d'un Traité pour atteindre ce double but, et ont nommé à cette fin leurs Plénipotentiaires, ad hoc, savoir :
Sa Majesté le Roi des Pays Bas, le Sieur Anne Willem Carel, Baron de Nagell d'Ampsen, Membre du Corps des Nobles de la Province de Gueldre, Grand-Croix des Ordres du Lion Belgique et de Charles III, son Chambellan et Ministre d'Etat ayant le département des Affaires Etrangères; et le Sieur Cornelis Felix van Maanen, Commandeur de l'Ordre du Lion Belgique, son Ministre d'Etat ayant le département de la Justice; et Sa Majesté le Roi du Royaume Uni de la Grande Bretagne et d'Irlande, le Très Honorable Richard, Comte de Clancarty, Vicomte Dunlo, Baron Kilconnel, Baron Trench de Garbally, du Royaume Uni de la Grande Bretagne et de l'Irlande, Conseiller en son Conseil Privé de la Grande Bretagne et de l'Irlande, Membre du Comité du Premier pour les affaires de Commerce et des Colonies, Colonel du Régiment de Milice du Comté de Galway, Chevalier GrandCroix du Très Honorable Ordre du Bain, son Ambassadeur Extraordinaire et Plénipotentiaire auprès de Sa Majesté le Roi des Pays Bas, Grand Duc de Luxembourg: lesquels, après avoir échangé leurs pleinpouvoirs, trouvés en bonne et due forme, sont convenus des Articles suivans:
ARTICLE I. Les lois du Royaume Uni de la Grande Bretagne et de l'Irlande assujettissant déjà à de très graves peines, les sujets de Sa Majesté Britannique qui font la Traite des Nègres ou qui y seront concernés d'une manière quelconque, Sa Majesté le Roi des Pays Bas, se référant à l'Article VIII de la Convention conclue avec Sa Majesté