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with special Instructions for that Purpose, as herein-after ⚫ mentioned, may visit such Merchant Vessels of the Two Nations as may upon reasonable Grounds be suspected of being engaged in the Traffic in Slaves, or of having been fitted out for that Purpose, or of having, during the Voyage on which they are met by the said Cruizers, been engaged in the Traffic in Slaves, contrary to the Provisions of this Treaty; and that such Cruizers may detain and send or ⚫ carry away such Vessels, in order that they may be brought to Trial in the Manner herein-after agreed upon.

In order to fix the reciprocal Right of Search in such a Manner as shall be adapted to the Attainment of the • Object of this Treaty, and at the same Time avoid Doubts, Disputes, and Complaints, the said Right of Search shall ⚫ be understood in the Form and according to the Rules following:

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1o. It shall never be exercised except by Vessels of • War authorized expressly for that Object, according to the Stipulations of this Treaty.

2o. In no Case shall the Right of Search be exercised ⚫ with respect to a Vessel of the Royal Navy of either of the Two Powers, but only as regards Merchant Vessels.

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3o. Whenever a Merchant Vessel is searched by a Ship <of War the Commander of the said Ship shall, in the Act of so doing, exhibit to the Commander of the Merchant Vessel the Document by which he is duly authorized to that End, and shall deliver to him a Certificate, signed by him, stating his Rank in the Naval Service of his Country, and the Name of the Vessel he commands; and 'which also declares that the only Object of the Search is to ascertain whether the Vessel is employed in the Slave Traffic, or if it is fitted up for the said Traffic: When the Search is made by an Officer of the Cruizer who is not the Commander, the said Officer shall exhibit to the Captain of the Merchant Vessel a Copy of the before' mentioned special Orders, signed by the Commander of ‹ the Cruizer, and shall in like Manner deliver a Certificate, ‹ signed by him, stating his Rank in the Royal Navy, the Name of the Commander by whose Orders he proceeds to 'make the Search, that of the Cruizer in which he sails, and the Object of the Search, as has been already laid 'down: If it appears from the Search that the Papers of 'the Vessel are in regular Order, and that it is employed on licit Objects, the Officer shall enter in the Log Book of the Vessel that the Search has been made in pursuance of the aforesaid especial Orders, and the Vessel 'shall be left at liberty to pursue its Voyage. The Rank of the Officer who makes the Search must not be less than 'that of Lieutenant of the Royal Navy, unless the Com'mand, either by reason of Death or other Cause, is at the Time held by an Officer of inferior Rank.

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4o. The reciprocal Right of Search and Detention shall 'not be exercised within the Mediterranean Sea, or within the Seas in Europe lying without the Streights of Gibral

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tar 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.

ARTICLE V.-In order to regulate the Mode of carrying the Provisions of the preceding Article into execution, it is agreed :

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1o. That all the Ships of the Royal Navies of the Two Nations which shall be hereafter employed to prevent the Traffic in Slaves shall be furnished by their respective Governments with a Copy in the English and Spanish Languages of the present Treaty, of the Instructions for Cruizers annexed thereto, marked (A.), and of the Re'gulations for the Mixed Courts of Justice annexed thereto, marked (B.); which Annexes respectively shall be considered as integral Parts of the Treaty.

2o. That each of the High Contracting Parties shall from Time to Time communicate to the other the Names of the several Ships furnished with such Instructions, the Force of each, and the Names of their several Com'manders: The said Commanders ought to hold the Rank of Captain in the Royal Navy, or at least of Lieutenant, it being nevertheless understood that the Instructions originally issued to an Officer holding the Rank of Lieutenant in the Navy, or other superior Rank, shall be suffi'cient, in case of Death or temporary Absence of the same, to authorize the Officer on whom the Command of the Vessel has devolved to make the Search although 'the said Officer may not hold the aforesaid Rank in the 'Service.

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3o. That if at any Time the Commander of a Cruizer of either of the Two Nations shall suspect that any • Merchant Vessel under the Escort or Convoy of any Ship or Ships of War of the other Nation carries Slaves on board, or has been engaged in the Traffic in Slaves, or is 'fitted out for the Purpose thereof, the said Commander of the Cruizer shall communicate his Suspicions to the Com'mander of the Convoy, who, accompanied by the Com'mander of the Cruizer, shall proceed to the Search of the suspected Vessel; and in case that the Suspicions appear 'well founded according to the Tenor of this Treaty, then the said Vessel shall be conducted or sent to one of the Points where the Mixed Courts of Justice are stationed, in order that the just Sentence may there be pronounced.

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4. It is further mutually agreed, that the Commanders of the Ships of the Two Royal Navies respectively who shall be employed on this Service shall adhere strictly to the exact Tenor of the aforesaid Instructions.

ARTICLE VI.-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 by the arbitrary and illegal Detention of their Vessels; it being understood that this Indemnity shall be borne by the Government whose Cruizer shall have been guilty

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guilty of such arbitrary and illegal Detention, and that the Visit and Detention of Vessels specified in the Fourth Article of this Treaty shall only be effected by those British or Spanish Ships which may form Part of the Two Royal • Navies respectively, and by such of those Ships only as are ' provided with the special Instructions annexed to the present Treaty, in pursuance of the Provisions thereof. The Indemnification for the Damages of which this Article treats ⚫ shall be made within the Term of One Year, reckoning from the Day in which the Mixed Court of Justice pronounces its ، Sentence.

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ARTICLE VII.-In order to bring to Adjudication, with ' as little Delay and Inconvenience as possible, the Vessel 'which may be detained according to the Tenor of the Fourth Article of this Treaty, there shall be established, as 'soon as may be practicable, Two Mixed Courts of Justice, formed of an equal Number of Individuals of the Two Nations, and named for this Purpose by their respective "Sovereigns. These Courts shall reside, the one in a Pos'session belonging to His Britannic Majesty, the other within • the Territories of Her Catholic Majesty; and at the Period of the Exchange of the Ratifications of the present Treaty the Two Governments shall declare, each for its own 'Dominions, in what Place these Courts shall respectively ، reside.

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But each of the Two High Contracting Parties reserves to itself the Right of changing at its Pleasure the Place 6 of Residence of the Court held within its own Dominions : 'Provided always, 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 Her Catholic Majesty.

، These Courts, from which there shall be no Appeal, shall 'judge the Causes submitted to them according to the Provisions of the present Treaty, and according to the Regu⚫lations and Instructions which are annexed to the present ، Treaty, and which are considered an integral Part thereof. 'ARTICLE VIII.-It is hereby agreed between the High Contracting Parties, that the Mixed Commissions which are at present established and sitting under the Convention ⚫ concluded between Great Britain and Spain on the Twenty'third Day of September One thousand eight hundred and 'seventeen shall continue to sit, and shall during Two Months, to be reckoned from the Exchange of the Ratifications of this Treaty, and until the further Appointment and definitive • Establishment of the Mixed Courts of Justice under the ' present Treaty, adjudge without Appeal, according to the Principles and Stipulations of the same, and of the several Annexes thereof, the Cases of such Vessels as may be sent or brought before them; and any Vacancies which may ' occur in such Mixed Commissions shall be filled up in the same Manner in which Vacancies of the Mixed Courts of Justice to be established under the Provisions of this Treaty are to be supplied.

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‹ ARTICLE IX.—In case the Commanding Officer of any of the Ships of the Royal Navies of Great Britain and Spain respectively, duly commissioned according to the Provisions of the Fourth Article of this Treaty, shall deviate in any respect from the Stipulations of the said Treaty, or from the Instructions annexed to it, the Government which shall ' conceive itself to be wronged thereby shall be entitled to demand Reparation; and in such Case the Government to which such Commanding Officer may belong binds himself to cause Inquiry to be made into the Subject of the Complaint, and to inflict upon the said Officer a Punishment proportioned to any wilful Transgression which he may have committed.

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ARTICLE X.-It is hereby further mutually agreed, that every Merchant Vessel, British or Spanish, which shall be visited by virtue of the present Treaty, may lawfully be 'detained and sent or brought before the Mixed Courts of 'Justice established in pursuance of the Provisions thereof, if in her Equipment there shall be found any of the Things herein-after mentioned; (namely,)

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1o. Hatches with open Gratings, instead of the close Hatches which are usual in Merchant Vessels.

2o. Divisions or Bulk Heads in the Hold or on Deck in greater Number than necessary for Vessels engaged in lawful Trade.

3o. Spare Planks fitted for laying down as a Second or Slave Deck.

40. Shackles, Bolts, or Handcuffs.

5o. A larger Quantity of Water in Casks or in Tanks < than is requisite for the Consumption of the Crew of the Vessel as a Merchant Vessel.

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6o. An extraordinary Number of Water Casks, or of other Vessels for holding Liquid, unless the Master shall produce a Certificate from the Custom House at the Place 'from which he cleared Outwards, stating that a sufficient Security had been given by the Owners of such Vessel that such extra Quantity of Casks or of other Vessels should only be used to hold Palm Oil, or for other Purposes of lawful Commerce.

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7°. A greater Quantity of Mess Tubs or Kids than are requisite for the Use of the Crew of the Vessel as a Merchant Vessel.

8°. A Boiler of an unusual Size, and larger than requisite for the Use of the Crew of the Vessel as a Merchant • Vessel, or more than One Boiler of the ordinary Size.

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9o. An extraordinary Quantity either of Rice, of the Flour of Brazil, Manive or Cassada, commonly called Farinha, of Maize or of Indian Corn, beyond what might properly be requisite for the Use of the Crew; such Rice, Flour, Maize, or Indian Corn not being entered on 'the Manifest as Part of the Cargo for Trade. Any One or more of these several Circumstances, if proved, 'shall be considered as prima facie Evidence of the actual Employment

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• Employment of the Vessel in the Slave Trade, and the Vessel ⚫ shall thereupon be condemned and declared lawful Prize, 'unless satisfactory Evidence upon the Part of the Master or Owners shall establish that such Vessel was at the Time ' of her Detention or Capture employed in some legal Pursuit.

ARTICLE XI.-If any of the Things specified in the ' preceding Article shall be found in any Merchant Vessel, 'neither the Master nor Owner, nor any Person whatever interested in her Equipment or Cargo, shall be entitled to ' Compensation for Losses or Damages, even though the Mixed Courts of Justice should not pronounce any Sentence ⚫ of Condemnation in consequence of her Detention; but the 'same Tribunal shall be authorized to pay out of the Prize Fund, if they shall think it in Equity required, some Sum of Money proportionate to the Demurrage suffered, and ac'cording to the Circumstances of the Case.

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· ARTICLE XII.—It is agreed between the Two High Contracting Parties, that in all Cases in which a Vessel shall be detained under this Treaty by their respective Cruizers as having been engaged in the Slave Trade, or as having 'been fitted out for the Purposes thereof, and shall consequently be adjudged and condemned by the Mixed Courts of Justice to be established as aforesaid, the said Vessel shall immediately after its Condemnation be broken up entirely, and shall be sold in separate Parts after having been so • broken up.

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'ARTICLE XIII.-The Negroes who are found on board of a Vessel detained by a Cruizer, and condemned by the Mixed Courts of Justice, in conformity with the Stipulations of this Treaty, shall be placed at the Disposition of 'the Government whose Cruizer has made the Capture, but on the Understanding that not only they shall be immediately 'put at liberty and kept free, the Government to whom they have been delivered guaranteeing the same, but likewise engaging to afford from Time to Time, and whenever ' demanded by the other High Contracting Parties, the fullest Information as to the State and Condition of such Negroes, 'with a View of ensuring the due Execution of the Treaty in this respect.

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For this Purpose the Regulations annexed to this Treaty 'sub literá (C.), as to the Treatment of Negroes liberated by 'Sentence of the Mixed Courts of Justice, have been drawn up, and are declared to form an integral Part of this Treaty. The Two High Contracting Parties reserve to themselves the Right to alter or suspend, by common Consent and 'mutual Agreement, but not otherwise, the Terms and 'Tenor of such Regulations.

'ARTICLE XIV.-The Acts or Instruments annexed to this Treaty, and which it is mutually agreed shall 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, 6 & 7 GUL. IV. C

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