be both of the Equatorial judge and of the Equatorial arbitrator, then the vacancy of the Equatorial judge shall be filled by the Equatorial Consul, and that of the Equatorial arbitrator by the Equatorial Vice-Consul, if there be an Equatorial Consul and an Equatorial Vice-Consul appointed to and resident in such possession; and if there be no Equatorial Consul or Equatorial Vice-Consul to fill the place of Equatorial arbitrator, then the British arbitrator shall be called in, in those cases in which an Equatorial arbitrator would be called in; and in case the vacancy be both of the Equatorial judge and Equatorial arbitrator, and there be neither Equatorial Consul nor ViceConsul to fill, ad interim, the vacancies, then the British judge and British arbitrator shall sit, and shall proceed to adjudge all cases brought before them for adjudication, and shall pass sentence accordingly.

The highest civil authority of the settlement wherein either of the Mixed Courts of Justice shall sit, shall, in the event of a vacancy arising either of the judge or of the arbitrator of the other High Contracting Party, forthwith give notice of the same to the highest civil authority of the nearest settlement of such other High Contracting Party, in order that such vacancy may be supplied at the earliest period; and each of the High Contracting Parties agrees to fill up definitively, as soon as possible, the vacancies which may arise in the above-mentioned Courts, from death or from any other cause whatever.

The undersigned Plenipotentiaries have agreed, in conformity with the XIIIth Article of the Treaty signed by them on this day, the 24th of May, 1841, that the preceding Regulations, consisting of 10 Articles, shall be annexed to the said Treaty, and considered as an integral part thereof.

The 24th day of May, 1841. (L.S.) WALTER COPE.

(L.S.) F. MARCOS.

(ANNEX C.) Regulations for the good treatment of Liberated

Negroes.

ART. I. The object of these Regulations is to secure to Negroes, liberated by virtue of the stipulations of the Treaty to which these Regulations form an Annex (marked C), permanent

good treatment, and full and complete freedom, in conformity with the humane intentions of the High Contracting Parties.

II. Immediately after sentence of condemnation shall have been passed by a Mixed Court of Justice established under the Treaty to which these Regulations form an Annex, on a vessel charged with being concerned in Slave Trade, all Negroes who were on board such vessel, and who were brought on board for the purpose of traffic, shall be delivered over to the Government to whom belongs the cruizer which made the capture.

III. If the cruizer which made the capture is British, the British Government engages that the Negroes shall be treated in exact conformity with the laws in force in the British colonies, applicable to free-born or to emancipated Negroes.

IV. If the cruizer which made the capture is Equatorial, then the Negroes shall be delivered over to the Equatorial authorities of that place in the dominions of the Republic of the Equator, in which the Mixed Court of Justice is established; and the Equatorial Government solemnly engages that such Negroes shall be there treated strictly according to the regulations in force at the time being in the Republic of the Equator, with respect to free Negroes. The Republic of the Equator further engages that those regulations shall always be framed with the view of securing, honestly and faithfully, to emancipated Negroes, unmolested liberty, good treatment, a knowledge of the tenets of the Christian religion, advancement in morality and civilization, and sufficient instruction in the mechanical arts to enable the said emancipated Negroes to earn their own subsistence as artisans, mechanics, or servants.

V. For the purpose which is explained in the following Article, there shall be kept in the office of the Governor, in that part of the possessions of the Republic of the Equator where the Mixed Court of Justice resides, a register of all emancipated Negroes; and in such register shall be entered, with scrupulous exactness, the names given to the Negroes, the names of the vessels in which they were captured, the names of the persons to whose care they have been committed, and any other circumstances likely to contribute to the full and permanent liberty and welfare of such emancipated Negroes.

VI. The register to which the preceding Article refers, will serve to form a general return, which the Governor of that part of the possessions of the Republic of the Equator where the Mixed Court of Justice resides, shall be bound to deliver every 6 months to the aforesaid Mixed Commission, in order to show the continued freedom of the Negroes emancipated under this Treaty, the improvement effected in their condition, and the progress made in their religious and moral instruction, and in their acquirement of the arts of life. The aforesaid return shall also specify the names and descriptions of such of the emancipated Negroes as shall have died since the period of the last

return.

VII. The High Contracting Parties agree, that if in future it should appear necessary to adopt new measures, in consequence of those which are laid down in this Annex turning out inefficacious, the said High Contracting Parties will consult together, and will agree upon other means better adapted for the complete attainment of the objects they have in view.

The undersigned Plenipotentiaries have agreed, in conformity with the XIIIth Article of the Treaty signed by them on this day, the 24th of May, 1841, that this Annex, consisting of 7 Articles, shall be united to the said Treaty, and be considered as an integral part thereof.

ART. I. It is agreed and understood that, if there should be any delay in appointing the judge and the arbitrator to be nominated on the part of the Republic of the Equator, to act in each of the Mixed Courts of Justice to be established under this Treaty; or if those officers, after being appointed, should at any time be absent; then and in either of such cases, the judge and arbitrator who shall be appointed on the part of Her Britannic Majesty, and who shall be present in the said Courts, shall, in the absence of the Equatorial judge and arbitrator, proceed to open the said Courts, and to adjudge such cases as may be brought before them under the Treaty; and the sentence pro

nounced upon such cases of the said British judge and arbitrator, shall have the same force and validity as if the judge and the arbitrator on the part of the Republic of the Equator had been present and acting with them.

II. It is also agreed, notwithstanding the provisions of the Ist Article of the Annex B, that so long as no Equatorial judge and arbitrator shall have been nominated, it will be unnecessary for the Republic of the Equator to nominate the secretary or registrar mentioned in the said Article; that in the meanwhile the secretary or registrar of the Court which may exist within the territory of the Republic of the Equator, shall be named and paid by the Government of Her Britannic Majesty, and that the entire expense of both the Courts to be established under this Treaty shall be borne by the Government of Her Britannic Majesty.

The present Additional Articles shall form an integral part of the Treaty for the abolition of the Slave Trade of the Republic of the Equator, signed this day, and shall have the same force and validity as if they were inserted word for word in that Treaty, and shall be ratified in the same form, and at the same time.

The 24th day of May, 1841.
(L.S.) WALTER COPE.

(L.S.) F. MARCOS.

FURTHER ADDITIONAL ARTICLE. Signed at Cuenca, January

15, 1846.

Her Majesty the Queen of the United Kingdom of Great Britain and Ireland, and his Excellency the President of the Republic of the Equator, having deemed it convenient and necessary to prorogue the term stipulated in Article XIV of the Treaty concluded on the 24th of May, 1841, between Great Britain and the Republic of the Equator, for the abolition of the Traffic in Slaves, have named and authorized as their Plenipotentiaries ad hoc, that is to say:

Her Majesty the Queen of the United Kingdom of Great Britain and Ireland, Walter Cope, Esquire, Her Majesty's Consul in the Equator;

And his Excellency the President of the Republic of the

Equator, General José Maria Urbina, Minister of State in general;

Who, after having exchanged their full powers, found to be in good and due form, have agreed upon the following:

The term stipulated for the exchange of the ratifications of the Treaty for the abolition of the Traffic in Slaves, signed by the Plenipotentiaries of Great Britain and the Equator, on the 24th of May, 1841, is prorogued; and in virtue of that prorogation it is agreed by the 2 Contracting Parties, that the said Treaty shall be ratified, and the ratifications exchanged in Quito, within the space of 2 years from the date hereof, or sooner, if possible.

In witness whereof the respective Plenipotentiaries have signed this Agreement in duplicate, and have sealed it with their respective seals.

Done in the city of Cuenca, on the 15th day of January, in the year of our Lord 1846.

(L.S.) WALTER COPE.

(L.S.) JOSE MA. URBINA.

TRATADO entre la Republica del Ecuador y la Gran Bretana, para la extincion del Trafico de Esclavos. Fecho en Quito à 24 del mes de Mayo, del Ano 1841*.

[See English version, Page 201.]

LA República del Ecuador, y Su Majestad la Reyna del Reyno Unido de la Gran Bretaña é Yrlanda, igualmente animados del sincero deseo de cooperar á la completa extincion del Tráfico de Esclavos, han determinado concluir un Tratado con este especial objeto, y al efecto han nombrado como sus Plenipotenciarios, á saber:

La República del Ecuador, al Señor Francisco Marcos, Ministro de Estado en los Despachos del Interior y Relaciones Esteriores;

Y Su Majestad la Reyna del Reyno Unido de la Gran Bretaña é Yrlanda, á Walter Cope, Escudero, y Consul de Su Majestad en el Ecuador:

Los cuales, despues de haberse comunicado sus respectiv

* Ratifications exchanged at Quito, July 5, 1847.