Art. 2. 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 com. posed 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.

Art. 3. 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 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 above-mentioned judges, and of the above-mentioned arbitrator.

Art. 4. In the authenticated declaration, which the captor shall make before the court, as

well

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.

Art. 5. 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.

Art. 6.-In 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. +

Art. 7. 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, ap: pareil 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

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.

Art. 8. 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.

Art. 9. 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

on whatever part of the said territories they please. They may rent and occupy houses and magazines for their trade; and generally the merchants and traders of each of the two nations shall enjoy the most entire security and protection in the other, with regard to their commercial affairs, being merely held to conform to the laws and ordinances of the respective countries.

Art. 2. There shall be imposed no higher duties on goods of the manufacture or produce of the United States imported into Sweden and Norway, nor on goods of the manufacture or produce of Sweden and Norway imported into the United States, than those to which the same articles would be subject in each of the States respectively, if they were the produce of the soil or manufactures of any other country. The same principle shall be observed with regard to exportations. There shall be no impost or prohibition on the importations or exportations of the two countries respectively, respectively, which does not also extend to all other nations. Swedish and Norwegian vessels arriving in ballast, and importing into the United States goods the produce or manufacture of Sweden and Norway, shall be liable to no other charges than those paid in the like case by vessels of the United States; and, vice versa, the same rule shall apply to vessels of the United States arriving in Sweden and Norway. The above regulations shall equally apply to the Swedish colony of St. Bartholomew.

Art. 3. The King of Sweden and Norway consents that all the

articles of the produce of the West Indies, the importation of which into his States is permitted in Swedish and Norwegian vessels, whether coming indirectly or directly from the said West Indies, may also be imported by vessels of the United States, and that in such case the said vessels shall not pay higher duties than would in similar circumstances be paid by Swedish or Norwegian vessels, except solely an addition of 10 per cent on the import duties. To avoid all misunderstanding on this point, it is expressly declared, that the deno. mination of West Indies extends to and includes all that part of the world, whether islands or continent, which has always been called West Indies, in contradistinction to that other part called East Indies.

Art. 4. On their part, the United States consent that all articles of the produce or manufactures of the countries on the coast of the Baltic, the importation of which is permitted into the United States by the vessels of the said States, may likewise be imported by Swedish and Norwegian vessels; and, in that case, no higher duties shall be charged than those paid by vessels of the United States, except the addition of ten per cent.

In the case of mixed cargoes, consisting partly of goods of the produce or manufacture of the respective countries, and of other countries of which the importation is permitted, it is agreed, that the vessel shall always be charged according to the nature of that part of the cargo which is