ཎཱ that One of the Two Commissions shall always be held upon the Coast of Africa, and the other in the Brazils. These Commissions shall judge the Causes submitted to them without Appeal, and according to the Regulations and Instruc ⚫tions annexed to the present Convention, of which they shall be 'considered as an integral Part. Article the Ninth.-His Britannic Majesty, in Conformity with the Stipulations of the Treaty of the Twenty second of January One thousand eight hundred and fifteen, engages to 'grant, in the Manner hereafter explained, sufficient Indemni'fication to all the Proprietors of Portuguese Vessels and Cargoes captured by British Cruizers between the First of June One thousand eight hundred and fourteen, and the Period at which the Two Commissioners pointed out in Article VIII. of the present Convention, shall assemble at their respective • Posts. The Two High Contracting Parties agree, that all Claims of the Nature hereinbefore mentioned shall be received and liquidated by a Mixed Commission, to be held at London, and which shall consist of an equal Number of Individuals of the • Two Nations, named by their respective Sovereigns, and upon the same Principles stipulated by the Eighth Article of this 'Additional Convention, and by the other Acts which form integral Part of the same. The aforesaid Commissions sha commence their Functions Six Months after the Ratification of the present Convention, or sooner if possible. The Two High Contracting Parties have agreed, that the Proprietors of Vessels captured by the British Cruizers cannet claim Compensation for a larger Number of Slaves than that which, according to the existing Laws of Portugal, they were 'permitted to transport, according to the Rate of Tonnage of the 'captured Vessel. The Two High Contracting Parties are equally agreed, that every Portuguese Vessel captured with Slaves on board for the Traffic, which shall be proved to have been embarked with < the Territories of the Coast of Africa situated to the North of Cape Palmas, and not belonging to the Crown of Portuga * well as all Portuguese Vessels captured with Slaves on board for the Traffic Six Months after the Exchange of the Ratification of the Treaty of the Twenty second of January One thousand eight hundred and fifteen, and on which it can be proved, the the aforesaid Slaves were embarked in the Roadsteads of the Coast of Africa situated to the North of the Equator, shall not be entitled to claim any Indemnification. Article the Tenth. His Britannic Majesty engages to pay within the Space of a Year at farthest from the Decision of each Case, to the Individual having a just Claim to the same the Sums which shall be granted to them by the Commissions named in the preceding Articles. Article the Eleventh.-His Britannic Majesty formally gages to pay the Three hundred thousand Pounds Sterling Indemnification, stipulated by the Convention of the Tw 'first of January One thousand eight hundred and fifteen in favour of the Proprietors of Portuguese Vessels captured by 'British Cruizers up to the Period of the First of June One 'thousand eight hundred and fourteen, in the Manner follow'ing; viz. 6 The First Payment of One hundred and fifty thousand Pounds Sterling Six Months after the Exchange of the Ratification of the present Convention, and the remaining One hundred and fifty thousand Pounds Sterling, as well as the Interest at Five 'per Cent. due upon the total Sum from the Day of the Exchange of the Ratifications of the Convention of the Twenty first of January One thousand eight hundred and fifteen, shall be paid 'Nine Months after the Exchange of the Ratifications of the 'present Convention. The Interest due shall be payable up to the Day of the last Payment. All the aforesaid Payments shall 'be made in London to the Minister of His Most Faithful Majesty at the Court of His Britannic Majesty, or to the Persons whom 'His Most Faithful Majesty shall think proper to authorize for that Purpose. Article the Twelfth.-The Acts or Instruments annexed to 'this Additional Convention, and which form an integral Part 'thereof, are as follow: No. 1. Form of Passport for the Portuguese 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, at the Brazils, and in 'London. Article the Thirteenth.-The present Convention shall be ratified, and the Ratifications thereof exchanged at Rio 'Janeiro, within the Space of Four Months at furthest, dating from the Day of its Signature. In Witness whereof the respective Plenipotentiaries have signed the same, and have thereunto affixed the Seal of their Arms. 'Done at London, the Twenty eighth Day of July in the Year of our Lord One thousand eight hundred and seventeen. (Signed) (L. s.) The Count of Palmella. Form of Passport for Portuguese Vessels destined for the lawful Passport for I, Traffic in Slaves. (Place for the Royal Arms.) Minister and Secretary of State for the Affairs of the Marine and Transatlantic Dominions, &c. &c. &c. [or, Governor of this Province,] [or, Secretary of the Government of Portugal,] make known to those that shall see the present Passport, that the Vessel 'called Men and Master and of Tons, and carrying Subjects of the United Kingdom, is bound to the Ports of and and Coast of the said Portuguese ' said Master and Owner having previously taken the required 'Oath before the Royal Board of Commerce of this Capital (or the Board of Inspection of this Province), and having legally proved that no Foreigner has any Share in the above Vessel and Cargo, as appears by the Certificate of that Royal Board (or Board of Inspection) which is annexed to this Passport. • The said Master and Owner of the said Vessel being under an Obligation to enter solely such Ports on the 'Coast of Africa where the Slave Trade is permitted to the Subjects of the United Kingdom of Portugal, Brazils and Algarves, and to return from thence to any of the Ports of this Kingdom, 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 the Alvará of the Twenty fourth of November One thousand eight hundred and thirteen, by which His Majesty was pleased to regulate the Conveyance of Slaves from the Coast of Afric to His Dominions of Brazil. And should they fail to execute any of these Conditions, they shall be liable to the Penalties ' denounced by the Alvará of* against those ' who shall carry on the Slave Trade in an illicit Manner. And 'as in going or returning she may, either at Sea or in Port, meet Officers of Ships and Vessels of the same Kingdom, the King · our Lord orders them not to give her any Obstruction; and His Majesty recommends to the Officers of the Fleets, Squadrons and Ships of the Kings, Princes, Republics and Potentates, the • Friends and Allies of the Crown, not to prevent her from proAid 'secuting her Voyage, but on the contrary to afford her any and Accommodation she may want for continuing the same; 'being persuaded that those recommended by their Princes will on our Part, experience the same Treatment. In Testimony of which His Majesty has ordered her to be furnished by me with this Passport, signed and sealed with the Great Seal of the Royal Arms, which shall have Validity only for Voyage alone. Given in the Palace of the and for one This Passport, numbered ( of Slaves not exceeding ), authorizes any Number being per Ton, (as permitted by the Alvará of + ) to be on board of this Ship at one Time, excepting always such Slaves employed as Sailors or Domestics, and • Children born on board during the Voyage. [Signed as above, by the proper Portuguese Authorities.] (Signed) • Castlereagh. (Signed) The Count of Palmella. • This Alvará to be promulgated in pursuance of the Third Article of the Additional Convention of the 28th July 1817. + That is to say, the Alvará of the 24th of November 1815, or any other Portuguese Law which may hereafter be promulgated in lieu thereof. • Instructions • Instructions intended for the British and Portuguese Ships of War Instructions for employed to prevent the illicit Traffic in Slaves. Article I.-Every British or Portuguese Ship of War shall, in Conformity with Article V. of the Additional Convention 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; and should any Slaves be found on board according to the Tenor of the Sixth Article of the aforesaid Additional Convention, and as to what regards the Portuguese • Vessels, should there be ground to suspect that the said Slaves ⚫ have been embarked on a Part of the Coast of Africa where the Traffic in Slaves can no longer be legally carried on, in consequence of the Stipulations in force between the Two High • Powers, in these Cases alone the Commander of the said Ship of • War may detain them; and having detained them, he is to bring ⚫ them as soon as possible for Judgment before that of the Two • Mixed Commissions appointed by the Eighth Article of the • Additional Convention 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 Slave 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.-No Merchantman or Slave Ship can, on any 'Account or Pretence whatever, be visited or detained whilst in 'the Port or Roadstead belonging to either of the Two High 'Contracting Powers, or within Cannon shot of the Batteries on 'Shore. But in case suspicious Vessels should be found so circumstanced, proper representations may be addressed to the Authorities of the Country, requesting them to take effectual 'Measures for preventing such Abuses. Article III.—The High Contracting Powers having in view 'the immense Extent of the Shores of Africa to the North of the Equator along which this Commerce continues prohibited, and 'the Facility thereby afforded for illicit Traffic on Points where either the total Absence or at least the Distance of lawful Authorities bar ready Access to those Authorities, in order to 'prevent it, have agreed, for the more readily attaining the salutary End which they propose, to grant, and they do actually 'grant to each other the Power, without prejudice to the Rights of Sovereignty, to visit and detain, as if on the High Seas, any Vessel having Slaves on board, even within Cannon shot of the Shore of their respective Territories on the Continent of Africa to the North of the Equator, in case of there being no Local Authorities to whom Recourse might be had, as has been stated in the preceding Article. In such Cases, Vessels so visited may be brought before the Mixed Commissions, in the Form ' prescribed in the first Article of the preceding Instructions. U u 2 • Article British and Article IV.-No Portuguese Merchantman or Slave Ship shall, on any Pretence whatever, be detained, which shall be found any where near the Land, or on the High Seas, South of the Equator, unless after a Chace that shall have commenced North of the Equator. 'Article V.-Portuguese Vessels furnished with a regular Passport, having Slaves on board, shipped at those Parts of the Coast of Africa where the Trade is permitted to Portuguese Subjects, and which shall afterwards be found North of the Equator, shall not be detained by the Ships of War of the Two Nations, though furnished with the present Instructions, pro'vided the same can account for their Course, either in Conformity with the Practice of the Portuguese Navigation, by steering some Degrees to the Northward in search of fair Winds, or for other ⚫ legitimate Causes, such as the Dangers of the Seas duly proved: or, lastly, in the Case of their Passports proving that they were bound for a Portuguese Port not within the Continent of Africa: Provided always, that with regard to all Slave Ships detained to the North of the Equator, the Proof of the Legality of the Voyage is to be furnished by the Vessel so detained. On the other Hand, with respect to Slave Ships detained to the South of the Equator, in Conformity with the Stipulations of the preceding Article, the Proof of the Illegality of the Voyage is to be exhibited by the Captor. It is in like Manner stipulated, that the Number of Slaves found on board a Slave Ship by the Cruizers, even should the • Number not agree with that contained in their Passport, shali not be a sufficient Reason to justify the Detention of the Ship but the Captain and the Proprietor shall be denounced in the 'Portuguese Tribunals in the Brazils, in order to their being 'punished according to the Laws of the Country. Article VI.-Every Portuguese Vessel intended to be em ployed in the legal Traffic in Slaves, in Conformity with the Principles laid down in the Additional Convention of this Date, shall be commanded by a Native Portuguese, and Two Thirds at least of the Crew shall likewise be Portuguese: Provided always, that its Portuguese or Foreign Construction shall in no wise affect its Nationality, and that the Negro Sailors shall always be reckoned as Portuguese, provided they belong, as Slaves, to Subjects of the Crown of Portugal, or that they have been enfranchised in the Dominions of His Most Faithful Majesty. Article VII.—Whenever a Ship of War shall meets Mer chant Vessel liable to be searched, it shall be done in the most mild 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 Navy. Article VIII.-The Ships of War which may detain the Slave Ships, in pursuance of the Principles laid down in the present Instructions, shall leave on board all the Cargo of Negroes untouched, as well as the Captain and a Part at least of the Crew of the above mentioned Slave Ship: the Captain shall dra up in Writing an authentic Declaration, which shall exhibit the State in which he found the detained Ship, and the Change 6 which |