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1850.
CONVENTION AS TO SHIP-CANAL CONNECTING ATLANTIC AND

PACIFIC OCEANS.

(CLAYTON-BULWER TREATY.) Concluded April 19, 1850; ratification advised by the Senate May 22, 1850; ratified by the President May 23, 1850; ratifications exchanged July 4, 1850; proclaimed July 5, 1850. (Treaties and Conventions,

(, 1889, p. 440.)

This convention is superseded by the convention concluded November 18, 1901. (Page 380.)

1850. PROTOCOL OF A CONFERENCE HELD AT THE FOREIGN OFFICE, DECEM

BER 9, 1850, CEDING HORSE-SHOE REEF TO THE UNITED STATES. Abbott Lawrence, Esquire, the Envoy Extraordinary and Minister

Plenipotentiary of the United States of America at the Negotiators.

court of Her Britannic Majesty, and Viscount Palmerston, Her Britannic Majesty's Principal Secretary of State for Foreign Affairs, having met together at the foreign office:

Mr. Lawrence stated that he was instructed by his Government to call the attention of the British Government to the dangers to which the important commerce of the great Lakes of the Interior of America, and more particularly that concentrating at the town of Buffalo near the entrance of the Niagara River from Lake Erie, and that passing through the Welland Canal, is exposed from the want of a lighthouse near the outlet of Lake Erie. Mr. Lawrence stated that the current of the Niagara River is at that spot very strong, and increases in rapidity as the river approaches the falls; and as that part of the river is necessarily used for the purpose of a harbor, the Congress of the United States, in order to guard against the danger arising from the rapidity of the current, and from other local causes, made an appropriation for the construction of a lighthouse at the outlet of the lake. But on a local survey being made, it was found that the most eligible site for the erection of the lighthouse was a reef known by the name of the “Horseshoe Reef," which is within the dominions of Her Britannic Majesty; and Mr. Lawrence was therefore instructed by the Government of the United States to ask whether the Government of Her Britannic Majesty will cede to the United States the Horse-shoe Reef, or such part thereof as may be necessary for the purpose of erecting a lighthouse; and if not, whether the British Government will itself erect and maintain a lighthouse on the said Reef.

Viscount Palmerston stated to Mr. Lawrence in reply, that Her MajCession or esty's Government concurs in opinion with the Government morse.shoe of the United States, that the proposed lighthouse wou United States by be of great advantage to all vessels navigating the Lakes; Great Britain and that Her Majesty's Government is prepared to advise of a lighthouse Her Majesty to cede to the United States such portion of

the Horse-shoe Reef as may be found requisite for the intended lighthouse, provided the Government of the United States will engage to erect such lighthouse, and to maintain a light therein; and provided no fortification be erected on the said Reef.

Reef" to

for

Mr. Lawrence and Viscount Palmerston, on the part of their respective Governments, accordingly agreed that the British Crown should make this cession, and that the United States should accept it, on the above-mentioned conditions.

ABBOTT LAWRENCE.

PALMERSTON. On the receipt of this Mr. Webster, January 17, 1851, instructed Mr. Lawrence to "address a note to the British Secretary of State for Foreign Affairs, acquainting him that the arrangement referred to is approved by this Government.” MS. Department of State. Mr. Lawrence did so on the 10th of the following February.

The acts of Congress making appropriations for the erection of the light-house will be found in 9 St. at L., 380 and 627, and 10 St. at L., 343. It was erected in the

year 1856.

1853.

CLAIMS CONVENTION.a

Concluded February 8, 1853; ratification advised by the Senate March

15, 1853; ratified by the President March 17, 1853; ratifications exchanged July 26, 1853; proclaimed August 20, 1853. (Treaties and Conventions, 1869, p. 415.)

The commission authorized by this convention of seven articles met at London September 15, 1853, and adjourned January 15, 1855. The claims considered by the commission were all those arising since December 24, 1814, and remaining unsettled. The awards in favor of American claimants amounted to $329,734.16, and to British claimants $277,102.88.

1854.

RECIPROCITY TREATY AS TO FISHERIES, DUTIES, AND NAVIGATION,

BRITISH NORTH AMERICAN COLONIES.

Concluded June 5, 1854; ratification advised by the Senate August 2,

1854; ratified by the President August 9, 1854; ratifications exchanged September 9, 1854; proclaimed September 11, 1854. (Treaties and Conventions, 1889, p. 448.)

This treaty, consisting of seven articles, granted mutual liberty of sea fisheries on the northeastern coast of the United States and the British North American provinces; it provided for the reciprocal free admission of certain articles, the produce of the British colonies or of the United States, and the right to navigate S. Lawrence River and the canals connecting the Great Lakes with the Atlantic and Lake Michigan. It was terminated by notice from the United States March 17, 1866. The commission authorized by Article I to designate the places reserved from the common right of fishing met in August, 1855, and ceased to exist by the termination of the treaty. Nearly all the work had been accomplished when the commission dissolved.

a See Convention of July 17, 1854, p. 329. o Federal case: Pine Lumber, + Blatch., 189.

1854.

CLAIMS CONVENTION.

Concluded July 17, 1854; ratification advised by the Senate July 21,

1854; ratified by the President July 24, 1854; ratifications erchanged August 18, 1854; proclaimed September 11, 1854. (Treaties and Conventions, 1889, p. 453.)

By this convention the existence of the claims commission under the Convention of 1853 (p. 328) was extended four months.

1862.

TREATY FOR THE SUPPRESSION OF AFRICAN SLAVE TRADE.“ Concluded April 7, 1862; ratification advised by the Senate April 24, 1862; ratified by the President April 25, 1862; ratifications exchanged May 20, 1862; proclaimed June 7, 1862. (Treaties and Conventions, 1889, p. 454.)

ARTICLES. 1. Search of suspected slavers by war VII. No compensation to vessels with vessels.

slave equipments. II. Authority and procedure.

VIII. Disposal of vessels condemned. III. Indemnity for losses.

IX. Punishment of owners, crew, etc. IV. Mixed courts established.

X. Release of negroes. \. Reparation for wrongful seizures. XI. Instructions and regulations. VI. Evidences of slave trading.

XII. Ratification; duration. 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 couclude 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 fullpowers, found in good and due form, have agreed upon and concluded the following articles:

ARTICLE I.

The two High Contracting Parties mutually consent that those ships of their respective navies which shall be provided with special Instruction for that purpose, as hereinafter mentioned, may visit such merchant vessels of the two nations as may, upon reasonable grounds, be

a See Article VIII, p. 333; Convention of 1870, p. 338, and General Act of July 2,

1890, p.

a

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 cruzier, 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 cruzier; 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.a

a See additional article, p. 335.

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 cruisers 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 cruiser of either of the two nations shall suspect that any merebant-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 cruiser shall communicate his suspicions to the Commander of the convoy, who, accompanied by the Commander of the cruiser, 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 ves. sel 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 adjudi

cated 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 respective subjects or citizens may incur by an arbitrary and illegal detention of their vessels; it being understood that this indemnity shall be borne by the Government whose cruiser shall have been guilty of such arbitrary and illegal detention; and that the search and detention of vessels specified in the First Article of this Treaty shall be effected only by ships which may form part of the two navies, respectively, and hy 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 paid within the term of one year, reckoning from the day in which the Mixed Court of Justice pronounces its sentence.

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