Sidor som bilder
PDF
ePub

f such proceedings, the said Vessels should be found 1833 to have been employed in the Slave-trade, or to have been fitted out for the purposes thereof, the Master, the Crew, and the Accomplices, as well as the Ship and Cargo, should be dealt with conformably to the respective Laws of the 2 Countries; and that in case the said Vessel should be confiscated, a portion of the proceeds arising from their sale should be paid into the hands of the Government to which the Captor should belong, to be distributed among the Officers and Crew of the capturing Ship; that this portion should be 65 per centum of the net produce of the sale, as long as such a distribution of the proceeds should be consistent with the respective Laws of the 2 Countries: and whereas by the VIth Article of the said Supplementary Convention it was agreed, that any Merchant Vessel of either of the 2 Nations visited and detained in pursuance of the Convention of the 30th of November 1831, and of the Provisions hereinbefore recited, should, unless proof were given to the contrary, be held and taken of right to have engaged in the Slave-trade, or to have been fitted out for the purposes of such Traffic, if any of the particulars therein after specified should be found in her outfit or equipment, or on board of her: videlicet,

First. Having her hatches fitted with open gratings, instead of being close hatches, as usual in Merchant Vessels:

Second. Having more divisions or bulk heads in the hold or on deck than necessary for trading Vessels. Third. Having on board spare planks, either actually fitted in that shape, or fit for readily laying a second or moveable deck, or slave deck:

Fourth: Having on board shackles, bolts, or handcuffs:

Fifth. Having on board a supply of water more than sufficient for the consumption of her Crew as a Merchant Vessel:

Sixth. Having on board an unreasonnable number of water casks or other vessels for holding water, unless the Master should produce a Certificate from the Custom House of the place at which he cleared outwards, stating that a sufficient security had been given by the Owners of such Vessel that such casks

1833 or other vessels should only be used for the rece of palm oil, or be employed in any other lawful t Seventh. Having on board a greater qua of mess tubs or kids than requisite for the u her Crew as a Merchant Vessel:

Eighth. Having on board 2 or more copper lers, or even 1 evidently larger than requisite fo use of her Crew as a Merchant Vessel:

Ninth. Having on board a quantity of rice rinha, flour of the manioc of Brazil, or cassac maize or Indian corn, beyond any probable req provision for the use of her Crew, and such rice, 1 maize, or Indian corn not being entered in the fest as part of the Cargo for trade:

7

And whereas by the VIIth Article of the said plementary Convention it was agreed, that no pensation should in any case be granted either to Master or to the Owner or to any other Person terested in the equipment or lading of a Merc Vessel in which any of the particulars specified in preceding Article should be found, even if the T nals should not pronounce any Condemnation, in sequence of her detention: And whereas by the V Article of the said Supplementary Convention it agreed, that when a Merchant Vessel of either of 2 Nations should have been visited and detained gally, or without sufficient cause of suspicion, or w the visit and detention should have been attended any abuse or vexatious act, the Commander of Cruizer, or the Officer who should have boarded said Vessel, or the Officer who should have been pointed to bring her in, as the case might be, sho be liable to costs and damages to the Master and Owners of the Vessel and Cargo; that those costs a damages might be awarded by the Tribunal bef which the proceedings against the detained Véssel, Master, Crew, and Cargo, should have been insti ted; and the Government of the Country to which Officer who gave occasion for such award should long, should pay the amount of the said costs a damages within the period of one year from the da of the award: And whereas by the IXth Article of t said Supplementary Convention it was agreed, that in the visit or detention of a Merchant Vessel ma

[ocr errors]

it virtue of the provisions of the said Convention of 1833 the 30th of November, 1831, or of the said present Convention, any abuse or vexation should have been committed, but the Vessel should not have been delivered over to the jurisdiction of her own Nation, the Master of the Vessel should make a declaration on oath of the abuses or vexations of which he had to complain, and of the costs and damages to which he laid claim, before the competent Authorities in the first Port of his own Country at which he might arrive, or before the Consular Agent of his Nation, if the Vessel should proceed to a Foreign Port where there was such an Agent; that this Declaration should be confirmed by an examination under oath of the principal persons of the Crew or Passengers who had witnessed the visit or detention, and 1 formal declaration of the whole should be drawn up, and 2 Copies thereof delivered to the Master, who should forward 1 of them to his own Government in support of his claim for costs and damages; and that it was understood, that if any compulsory circumstances should prevent the Master from making his Declaration, it might be made by the Owner or by any other person interested in the Vessel or in her Cargo; that on the official transmission of 1 Copy of the formal Declara.. tion above mentioned, through the channel of the respective Embassies, the Government of the Country to which the Officer charged with abuses or vexations should belong, should forthwith institute an inquiry into the matter, and if the validity of the complaint should be admitted, the said Government should cause to be paid to the Master or Owner, or to any other person, interested in the Vessel which should have been molest-> ed, or in her Cargo, the amount of costs and dama ges which might be due to them: And whereas by the Xth Article of the said Supplementary Convention. it was agreed, that the 2 Governments did engage reciprocally to communicate each to the other, free expence, and upon application being made, Copies: of all the Proceedings instituted and judgments given relative to Vessels visited or detained in execution of the provisions of the said Convention, of the 30th day of November, 1831, and of the said present Convention: And whereas by the XIth Article of the said

of

1833 Supplementary Convention the 2 Governments did to insure the immediate freedom of all Slaves who be found on board Vessels visited and detained tue of the stipulations of the principal Conventio rein- before referred to, or of the said presen vention, whenever the offence of trafficking in should have been established by the sentence respective Tribunals; the 2 Governments did, b by the said last-mentioned Article, reserve to th ves, for the welfare of the Slaves themselves, the to employ them as Servants or free Labourers formably to their respective Laws: And wher the XIIth Article of the said Supplementary C tion it was agreed between the 2 High Conti Parties, that in all cases in which a Vessel und said Convention of the 30th day of November, year of our Lord, 1831, or under the said S imentary Convention, should be detained by the spective Cruizers as having been engaged in the trade or fitted out for the purposes thereof, and be placed at the disposal of either Governmen the purpose of being sold in consequence of a tence of Confiscation pronounced by a competen bunal, the said Vessel should be broken up, in or in part, before the sale, whenever its peculiar struction or outfit should give reason to fear th might be again employed in the Slave - trade o other illicit traffic: And whereas, by the XIIIth last Article of the said Supplementary Conventi was agreed, that the said present Convention s be ratified, and the Ratification should be excha at Paris within the space of 1 month, or soo possible: And whereas the said Supplementary Co tion was ratified by and between His Majesty Majesty the King of the French, respectively, and Ratifications were exchanged on the 12th day of 4 in the year of our Lord, 1833: And whereas expedient and necessary that effectual provision sh be made for carrying into execution the provision Convention aforesaid: Be it therefore enacted by King's Most Excellent Majesty, by and with the ad and consent of the Lords Spiritual and Temporal, Commons, in this present Parliament assembled, by the authority of the same, that it shall be lay

[ocr errors]

1

and

for any Officer commanding any Ship of War of His 1833 Majesty or of the King of the French, who shall have such rank as by the said IInd Article of the said first-mentioned Convention is agreed, and shall be duly instructed and authorized and furnished according to the several provisions of the said 2 Conventions, and within the waters described, and according to the provisions and exceptions contained in the Ist Article of the said first- mentioned Convention, to exercise the right of visiting and searching any Merchant Vessel of either of the said 2 Nations liable to suspicion, and suspected of having engaged in or of having been employed in the Slave trade, or of having been fitted out for the purposes of such traffic, according to the several provisions and instructions of the said 2 Conventions, except as in the said IIIrd Article of the said Supplementary Convention is excepted, and, upon sufficient grounds, of detaining, and of sending or carrying in and delivering over without delay any such Vessel, together with its Master, Sailors, Passengers, Slaves, and Cargo to the Authorities appointed for the purposes of the said 2 Conventions, by the respective Governments of the said 2 Nations, and to one of the Jurisdiction in the said Instructions mentioned, in order that proceedings may be instituted conformably to the respective Laws of the said 2 Countries; and all such Commanders of His said Majesty's Ships are hereby authorized and required, in the exercice of such rights of visiting, searching, detaining, sending, carrying in, and delivering as aforesaid, to execute, perform, and comply with the said several Provisions and Instructions of the said 2 Conventions as apply thereto respectively.

[ocr errors]

II. And be it further enacted, that where any such Officer of His Majesty the King of the French shall send, carry, or deliver over, as aforesaid, any such Merchant Vessel, wholly or in part owned by any Subject or Subjects of His Majesty the King of the United Kingdom of Great Britain and Ireland, all and every proceeding instituted in the Tribunals herein-after mentioned in regard to such Merchant Vessel, and its Crew, Cargo, and Slaves, and in respect to the cause, shall be conducted in the name of his said Majesty the King of the United Kingdom of Great

[blocks in formation]
« FöregåendeFortsätt »