The Commander in Chief of Her Britannic Majesty's Naval Forces in the HER BRITANNIC MAJESTYS SHIP "GANGES" 20th MARCH 1860 SIR: I have the honor to inform you that a detachment of Royal Marines, with their appropriate arms, equivalent in number to the Troops of the United States under your command will be disembarked on the North point of the Island of San Juan for the purpose of establishing a joint military occupation agreeably to the proposition of Lieutenant General Scott. The annexed extract from the orders I have given to Captain Bazalgette the officer commanding I beg to furnish for your information. "The object of placing you there is for the protection of British Interests and to form a joint Military occupation with the Troops of the United States. "As the sovereignty of the Island is still in dispute between the two Governments you will on no account whatever interfere with the Citizens of the United States, but should any offence be committed by such Citizens which you may think it advisable to notice, you will send a report of it immediately to Captain Hunt, or officer Commanding the United States Troops. "American Citizens have equal rights with British Subjects on the Island. "Should the officer Commanding the United States Troops bring to your notice offences committed by any of Her Majesty's Subjects, you will use your best judgement in dealing with the case, and I authorize you if you deem it necessary, to send them off the Island by the first opportunity. "If any doubts arise as to the nationality of an offender you will not act in the case before you have consulted with the United States Commanding officer and not even then unless your opinions coincide. "You will place yourself in frank and free communication with the Commanding officer of the United States Troops, bearing in mind how essential it is for the Public Service that the most perfect and cordial understanding should exist between you, which I have every reason to feel assured you will at all times find Captain Hunt ready and anxious to maintain." ROBERT LAMBERT BAYNES Rear Admiral and Commander in Chief Captain GEORGE Bazalgette Royal Marines Commanding the Detachment disembarked on the The Commanding Officer of United States Troops on San Juan Island to the Commander in Chief of Her Britannic Majesty's Naval Forces in the Pacific CAMP PICKETT, SAN JUAN ISLAND To Rear Admiral ROBERT Lambert BAYNES CB Naval Forces in the Pacific. SIR: I have the honor to acknowledge the receipt of your communication of the 20th Ult° [March 20] accompanied by an Extract from the orders furnished Captain Bazalgette commanding the detachment of Royal Marines now landing on this Island, agreeably to the proposition of Lieutenant General Scott. The instructions to Captain Bazalgette seem to cover every case likely to arise in connection with the joint occupation of the Island. Fully reciprocating their spirit of friendliness and conciliation I have every confidence that mutual harmony and good understanding will continue during the whole term of the joint occupation. I have the honor to be, Sir, With high respect and esteem Your obedient Servant L. C. HUNT Captain 4th Infantry Commanding. SUPPRESSION OF AFRICAN SLAVE TRADE Treaty and annexes signed at Washington April 7, 1862 Ratifications exchanged at London May 20, 1862 Entered into force May 20, 1862 Proclaimed by the President of the United States June 7, 1862 3 2 12 Stat. 1225; Treaty Series 126 TREATY BETWEEN THE United States of AmerICA AND HER Majesty the QUEEN OF THE UNITED KINGDOM OF GREAT BRITAIN AND IRELAND, FOR THE SUPPRESSION OF THE African SLAVE TRADE The United States of America, and Her Majesty the Queen of the United Kingdom of Great Britain and Ireland, being desirous to render more effectual the means hitherto adopted for the suppression of the Slave Trade carried on upon the coast of Africa, have deemed it expedient to conclude a Treaty for that purpose, and have named as their Plenipotentiaries, that is to say: The President of the United States of America, William H. Seward, Secretary of State; And Her Majesty the Queen of the United Kingdom of Great Britain and Ireland, The Right Honorable Richard Bickerton Pemell Lord Lyons, a Peer of Her United Kingdom, a Knight Grand Cross of Her Most Honorable Order of the Bath, and Her Envoy Extraordinary and Minister Plenipotentiary to the United States of America; Who, after having communicated to each other their respective full powers, found in good and due form, have agreed upon and concluded the following Articles: 3 Pursuant to notice of termination given by the United Kingdom Apr. 27, 1922. ARTICLE I The two High Contracting Parties mutually consent that those ships of their respective navies which shall be provided with special Instructions for that purpose, as hereinafter mentioned, may visit such merchant vessels of the two nations as may, upon reasonable grounds, be suspected of being engaged in the African Slave Trade, 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 African Slave Trade, 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 hereinafter 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 manner and according to the rules following: First. It shall never be exercised except by vessels of war, authorized expressly for that object, according to the stipulations of this Treaty. Secondly. The right of search shall in no case be exercised with respect to a vessel of the navy of either of the two Powers, but shall be exercised only as regards merchant-vessels; and it shall not be exercised by a vessel of war of either Contracting Party within the limits of a settlement or port, nor within the territorial waters of the other Party. Thirdly. 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 special Instructions by which he is duly authorized to search; and shall deliver to such Commander a certificate, signed by himself, stating his rank in the naval service of his country, and the name of the vessel he commands, and also declaring that the only object of the search is to ascertain whether the vessel is employed in the African Slave Trade, or is fitted up for the said Trade. When the search is made by an officer of the cruizer who is not the Commander, such officer shall exhibit to the Captain of the merchant-vessel a copy of the before-mentioned special Instructions, signed by the Commander of the cruizer; and he shall in like manner deliver a certificate signed by himself, stating his rank in the 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 above described. If it appears from the search that the papers of the vessel are in regular order, and that it is employed on lawful objects, the officer shall enter in the log-book of the vessel that the search has been made in pursuance of the aforesaid special Instructions; 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 in the navy, unless the command, either by reason of death or other cause, is at the time held by an officer of inferior rank. Fourthly. The reciprocal right of search and detention shall be exercised only within the distance of two hundred miles from the Coast of Africa, and to the southward of the thirty-second parallel of north latitude; and within thirty leagues from the Coast of the Island of Cuba.5 ARTICLE II In order to regulate the mode of carrying the provisions of the preceding Article into execution, it is agreed, First. That all the ships of the navies of the two nations which shall be hereafter employed to prevent the African Slave Trade shall be furnished by their respective Governments with a copy of the present Treaty, of the Instructions for cruizers annexed thereto (marked A), and of the regulations for the Mixed Courts of Justice annexed thereto, marked B, which Annexes respectively shall be considered as integral parts of the present Treaty. Secondly. 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 Commanders. The said Commanders shall hold the rank of Captain in the navy, or at least that of Lieutenant: it being nevertheless understood that the instructions originally issued to an officer holding the rank of Lieutenant of the navy, or other superior rank, shall, in case of his death or temporary absence, be sufficient to authorize the officer on whom the command of the vessel has devolved to make the search, although such officer may not hold the aforesaid rank in the service. Thirdly. 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 negroes on board, or has been engaged in the African Slave Trade, or is fitted out for the purpose thereof, the Commander of the cruizer shall communicate his suspicions to the Commander of the convoy, who, accompanied by the Commander of the cruizer, shall proceed to the search of the suspected vessel; and in case 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 places where the Mixed Courts of Justice are stationed, in order that it may there be adjudicated upon. Fourthly. It is further mutually agreed, that the Commanders of the ships of the two navies, respectively, who shall be employed on this service, shall adhere strictly to the exact tenor of the aforesaid Instructions. ARTICLE III As the two preceding articles are entirely reciprocal, the two High Contracting Parties engage mutually to make good any losses which their re See also additional article signed at Washington Feb. 17, 1863 (TS 127), post, p. 152. |