« ПретходнаНастави »
In order to bring to adjudication, with as little delay and inconvenience as possible, the vessels which may be detained according to the tenor of the First Article of this Treaty, there shall be established, as soon as may be practicable, three Mixed Courts of Justice, formed of an equal number of individuals of the two nations, named for this purpose by their respective Governments. These Courts shall reside, one at Sierra Leone; one at the Cape of Good Hope; and one at New York.
But each of the two High Contracting Parties reserves to itself the right of changing, at its pleasure, the place of residence of the Court or Courts held within its own territories.
These Courts shall judge the causes submitted to them according to the provisions of the present Treaty, and according to the Pegulations and instructions which are annexed to the present Treaty, and which are considered an integral part thereof; and there shall be no appeal from their decision.a
In case the commanding officer of any of the ships of the navies of either country, duly commissioned according to the provisions of the First 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 itself 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 be proved to'have committed.
It is hereby further mutually agreed, that every American or British merchant-vessel which shall be searched 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 hereinafter mentioned, namely:
1st Hatches with open gratings, instead of the close hatches which are usual in merchant-vessels.
2nd Divisions or bulk-heads in the hold or on deck, in greater number than are necessary for vessels engaged in lawful trade.
3rd Spare plank, fitted for laying down as a second or slave deck. 4 Shackles, bolts, or handcuffs.
5th 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.
6th 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 bad been given by the owners of such vessel that such extra quantity of casks, or of other vessels, should be used only to hold palm oil, or for other purposes of lawful commerce.
a Abolished, see Convention of 1870, p. 338.
7th A greater number of mess-tubs or kids than requisite for the use of the crew of the vessel as a merchant-vessel.
gila A boiler, or other cooking apparatus, of an unusual size, and larger, or capable of being made larger, than requisite for the use of the crew of the vessel as a merchant vessel; or more than one boiler, or other cooking apparatus, of the ordinary size.
gth An extraordinary quantity of rice, of the flour of Brazil, of manioc or cassada, commonly called farinha, of maize, or of Indian corn, or of any other article of food whatever, beyond the probable wants of the crew; unless such rice, flour, farinha, maize, Indian corn, or other article of food, be entered on the manifest as part of the cargo for trade.
104. A quantity of mats or matting greater than is necessary for the use of the crew of the vessel as a merchant-vessel, unless such mats or matting be entered on the manifest as part of the cargo for trade.
If it be proved that any one or more of the articles above specified is or are on board, or have been on board during the voyage in which the vessel was captured, that fact shall be considered as primá-facie evidence that the vessel was employed in the African Slave Trade, and she shall in consequence be condemned and declared lawful prize; unless the master or owners shall furnish clear and incontrovertible evidence, proving to the satisfaction of the Mixed Court of Justice, that at the time of her detention or capture the vessel was employed in a lawful undertaking, and that such of the different articles above specified as were found on board at the time of detention, or as may bave been embarked during the voyage on which she was engaged when captured, were indispensable for the lawful object of her voyage.
If any one of the articles specified in the preceding Article as grounds for condemnation should be found on board a merchantvessel, or should be proved to have been on board of her during the voyage on which she was captured, no compensation for losses, damages, or expenses consequent upon the detention of such vessel shall in any case be granted either to the master, the owner, or any other person interested in the equipment or in the lading, even though she should not be condemned by the Mixed Court of Justice.
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 cruisers, as having been engaged in the African Slave Trade, or as having been fitted out for the purposes thereof, and shall consequently be adjudged and condemned by one of the Mixed Courts of Justice to be established as aforesaid, the said vessel shall, immediately after its condemnation, he broken up entirely, and shall be sold in separate parts, after having been so broken up; unless either of the two Governments should wish to purchase her for the use of its navy at a price to be fixed by a competent person chosen for that purpose by the Mixed Court of Justice; in which case the Government whose cruizer shall have detained the condemned vessel shall have the first option of purchase.
The captain, master, pilot, and crew of any vessel condemned by the Mixed Courts of Justice shall be punished according to the laws of the country to which such vessel belongs, as shall also the owner or owners, and the persons interested in her equipment or cargo, unless they prove that they had no participation in the enterprize.
For this purpose the two High Contracting Parties agree that, in so far as it may not be attended with grievous expense and inconvenience, the master and crew of any vessel which may be condemned by a sentence of one of the Mixed Courts of Justice, as well as any other
persons found on board the vessel, shall be sent and delivered up to the jurisdiction of the nation under whose flag the condemned vessel was sailing at the time of capture; and that the witnesses and proofs necessary to establish the guilt of such master, crew, or other persons, shall also be sent with them.
The same course shall be pursued with regard to subjects or citizens of either Contracting Party who may be found by a cruizer of the other on board a vessel of any third Power, or on board a vessel sailing without flag or papers, which may be condemned by any competent Court for having engaged in the African Slave Trade.
The negroes who are found on board of a vessel condemned by the Mixed Courts of Justice, in conformity with the stipulations of this Treaty, shall be placed at the disposal of the Government whose cruiser has made the capture; they shall be immediately set at liberty and shall remain free, the Government to whom they have been delivered guaranteeing their liberty.
ARTICLE XI. 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 navies of both nations destined to prevent the African Slave Trade.
(B.) Regulations for the Mixed Courts of Justice.
The present Treaty shall be ratified, and the ratifications thereof shall be exchanged at London in six months from this date, or sooner if possible.
It shall continue and remain in full force for the term of ten years, from the day of exchange of the ratifications, and further, until the end of one year after either of the contracting parties shall have given notice to the other of its intention to terminate the same; each of the contracting parties reserving to itself the right of giving such notice to the other at the end of said term of ten years: And it is hereby agreed between them, that, on the expiration of one year after such notice shall have been received by either, from the other party, this Treaty shall altogether cease and determine.
In witness whereof the respective Plenipotentiaries have signed the present Treaty, and have thereunto affixed the seal of their arms.
Done at Washington the seventh day of April, in the year of our Lord one thousand eight hundred and sixty-two. [SEAL.
WILLIAM H. SEWARD. (SEAL.]
Lyons Annexes A and B to this treaty were superseded by the Convention of 1870 and by Instructions annexed thereto, p. 247.
ADDITIONAL ARTICLES TO THE TREATY FOR
SLAVE TRADE, 1862.
THE SUPPRESSION OF
Concluded February 17, 1863; ratification advised by the Senate Feb
ruary 27, 1863; ratified by the President March 5, 1863; ratifications erchanged April 1, 1863; proclaimed April 22, 1863. "(Treaties and Conventions, 1889, p. 466.) (This treaty extends the right of visit and detention to within 30 leagues of Madagascar, Puerto Rico, and Santo Domingo.)
Whereas by the first Article" of the 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, signed at Washington on the 7th of April, 1862, it was stipulated and agreed that those ships of the respective navies of the two High Contracting Parties which shall be provided with special instructions for that purpose, as thereinafter 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 titted out for that purpose, or of having, during the voyage on which they are met by the said cruisers, been engaged in the African slave trade contrary to the provisions of the said treaty; and that such cruisers may detain and send or carry away such vessels in order that they may be brought to trial in the manner thereinafter agreed upon: And whereas it was by the said Article further stipulated and agreed, that the reciprocal right of search and detention should 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: and whereas the two High Contracting Parties are desirous of rendering the said treaty still more efficacious for its purpose; the Plenipotentiaries who signed the said treaty have, in virtue of their full powers, agreed that the reciprocal right of visit and detention, as defined in the Article aforesaid, may be exercised also within thirty leagues of the Island of Madagascar, within thirty leagues of the Island of Puerto Rico, and within thirty leagues of the Island of San Domingo.
The present Additional Article shall have the same force and validity as if it had been inserted word for word in the treaty concluded between the two High Contracting Parties on the 7th of April, 1862, and shall have the same duration as that treaty. It shall be ratified, and the ratifications shall be exchanged at London in six months from this date, or sooner if possible.
u See Article 1, p. 330.
In witness whereof, the respective Plenipotentiaries have signed the same, and have thereunto affixed the seal of their arms.
Done at Washington the 17th day of February, in the year of our Lord one thousand eight hundred and sixty-three. [SEAL.)
WILLIAM H. SEWARD SEAL.
Concluded July 1, 1863; ratification advised by the Senate January 18,
1864; ratified by the President March 2, 1864; ratifications exchanged March 3, 1864; proclaimed March 5, 1864. (Treaties and Conventions, 1889, p. 467.)
By this treaty the claims of the Hudson's Bay Company and the Puget's Sound Agricultural Company against the United States were referred to a commission. The commission met in Washington January 7, 1865, and on September 10, 1869, rendered their awards of $150,000 to the Hudson's Bay Company, and $200,000 to the Puget's Sound Agricultural Company.
Concluded May 13, 1870; ratification advised by the Senate July 8,
1870; ratified by the President July 19, 1870; ratifications erchanged August 10, 1870; proclaimed September 16, 1870. (Treaties and Conventions, 1889, p. 470.)
I. Naturalization recognized.
III. Resumption of original citizenship.
The President of the United States of America, and Her Majesty the Queen of the United Kingdom of Great Britain and Ireland, being desirous to regulate the citizenship of citizens of the United States of America who have emigrated or who may emigrate from the United States of America to the British dominions, and of British subjects who have emigrated or who may emigrate from the British dominions to the United States of America, have resolved to conclude a Convention for that purpose, and have named as their Plenipotentiaries, that
is to say:
The President of the United States of America, John Lothrop Motley, Esquire, Envoy Extraordinary and Minister Plenipotentiary of the United States of America to Her Britannic Majesty;
And Her Majesty the Queen of the United Kingdom of Great Britain and Ireland, the Right Honourable George William Frederick, Earl of Clarendon, Baron Hyde, of Hindon, a Peer of the United Kingdom,