Sivut kuvina

The Order in Council directing the distribution of the proceeds of slave ships and bounties is dated 14 March, 1827. (Gazetted 30 March, 1827.)

New regulations will also be found in an Order of 30 June, 1827. (Gazetted 6 July, 1827.)

7 and 8 Geo. IV. c. 54. An Act to carry into effect the Treaty with Sweden relative to the

Slave Trade (2 July, 1827.) By this act British ships of war are duly authorized to seize Swedish vessels acting contrary to the Treaty between Sweden and Great Brilain, dated 6 Nov. 1824. § 1.

British vessels trading in slaves subject to seizure by British or Swedish vessels, and to condemnation by judges appointed according to the Treaty. $ 2.

Hlow claims are to be made for ships seized, see § 9. and the Treaty, *** For this Treaty see A Complete Collection of 'Treaties between Great Britain and Foreign Powers, by Lewis Hertslet, Esq.Butterworth, Fleet-street.

7 and 8 Geo. IV. c. 74. An Act to carry into Erecution a Convention between His Majesty and

the Emperor of Brazil, for the Regulation and Abolition of the African Slave Trade (2 July, 1827.)

After reciting that by a Convention signed at Rio de Janeiro, 23 Nov. 1826, it was agreed between the two powers that the slave trade should be abolished, -it provides that the powers in the acts of the 5 Geo. IV. c. 113—58 Geo. III. c. 85.—and 59 Geo. III. c. 17. should be applied in the execution of the Treaty with the Emperor of Brazil.

For this Convention, see also Hertslet's Collection of Treaties.

CONVENTION between his MAJESTY and the KING of the FRENCH, for the

more effectual Suppression of the Traffic in Slaves. The Courts of Great Britain and of France being desirous of rendering more effec tual the means of suppression which have hitherto been in force against the criminal traffic known under the name of “The Slave Trade," they have deemed it expedient to negotiate and conclude a Convention for the attainment of so salutary an object; and they have to this end named as their plenipotentiaries, that is to say

His Majesty the King of the United Kingdom of Great Britain and Ireland, the Right Honourable Viscount Granville, Peer of Parliament, Member of the Privy Council, Knight Grand Cross of the Most Honourable Order of the Bath, Ambassador Extraordinary and Plenipotentiary at the Court of France ;

And his Majesty the King of the French, the Lieutenant-General Count Horace Sebastiani, Grand Cross of the Order of the Legion of Honour, Member of the Chainber of Deputies of the Departments, and Minister and Secretary of State for the Dee partment of Foreign Affairs ;

Who, after having exchanged their full powers, found to be in due form, have signed the following articles :

Article 1.-The mutual right of search may be exercised on board the vessels of each of the two nations, but only within the waters hereinafter described, namely,

Ist. Along the western coast of Africa, from Cape Verd to the distance of 10 degrees to the south of the Equator,-that is to say, from the 10th degree of south latitude to the 15th degree of north latitude, and as far as the 30th degree of west longi. tude, reckoning from the meridian of Paris.

2d. All round the island of Madagascar, to the extent of 20 leagues from that island.

3d. To the same distance from the coasts of the island of Cuba.
4th. To the same distance from the coasts of the island of Porto Rico.
5th. To the same distance from the coasts of Brazil.

It is, however, understood that a suspected vessel descried and begun to be chased by the cruisers whilst within the said space of 20 leagues, may be searched by them beyond those limits, if, without having ever lost sight of her, they should only suc. ceed in coming up with her at a greater distance from the coast.

2.—The right of searching merchant vessels of either of the two nations in the waters herein before mentioned, shall be exercised only by ships of war whose commanders shall have the rank of captain, or at least that of lieutenant, in the navy.

3.-The number of ships to be invested with this right shall be fixed, each year, by a special agreement. The number for each nation need not be the same, but in no case shall the number of the cruisers of the one nation be more than double the nuinber of the cruisers of the other.

4-The names of the ships and of their commanders shall be communicated by each of the contracting governments to the other, and information shall be reciprocally given of all changes which may take place in the cruisers.

5.- Instructions shall be drawn up and agreed upon in common by the two governments for the cruisers of both nations, which cruisers shall afford to each other mutual assistance in all circumstances in which it may be useful that they should act in concert,

The ships of war authorized to exercise the reciprocal right of search shall be furnished with a special authority from each of the two governinents.

6.-Whenever a cruiser shall have chased and overtaken a merchant-vessel as liable to suspicion, the commanding officer, before he proceeds to the search, shall exhibit to the captain of the merchant-vessel the special orders which confer upon him, by excep tion, the right to visit her; and in case he shall ascertain the ship's papers to be regu. Lar, and her proceedings lawful, he shall certify upon the log-book of the vessel that the search took place only in virtue of the said orders: these formalities having been completed, the vessel shall be at liberty to continue her course.

7.—The vessels captured for being engaged in the slave-trade, or as being suspected of being fitted out for that infamous traffic, shall, together with their crews, te de livereid over, without delay, to the jurisdiction of the nation to which they shall belong. It is furthermore distinctly understood, that they shall only be judged according to the laws in force in their respective countries.

8.-In no case shall the right of mutual search be exercised upon the ships of war of either nation.

The two governments shall agree upon a particular signal, with which those cruisers only shall be furnished which are invested with this right, and which signal shall not be made known to any other ship not employed upon this service.

9.— The high contracting parties to the present treaty agree to invite the other maritime powers to accede to it within as short a period as possible.

10.- The present Convention shall be ratified, and the ratifications of it shall be exchanged, within one inonth, or sooner, if it be possible.

In faith of which the plenipotentiaries have signed the present Convention, and hare affixed thereto the seal of their arms.

Done at Paris, the 30th of November, 1831.



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Of Privateers, or private Ships of War.

Privateers are vessels which have a commission which empowers them to appropriate to their own use whatever prize they make, after legal condemnation; and, in case we are at war with more potentates than one, they must have commissions for acting against each of them ; otherwise, if a captain, carrying only one against the Spaniards, should in his course meet with and take a Frenchman, this prize is not good, but would be taken from him by any man of war he met.

In soine of these adventures, the men on board go on the terms of no prize no pay; in this case, the produce of whatsoever is taken goes half io the ship, (for the owners,) and half to the inen, divided among them according to the articles of agreement; but, when the men sail for wages, the captures appertain entirely to the owners, except a small part, which is commonly stipulated to be given the sailors, extra of their wages, in order to animate them in their behaviour; and both ways of arining are regulated by the articles entered into between the owners and mariners, of which a copy is hereto subjoined.

No privateers may attempt any thing against the law of nations, as to assault an enemy in a port or haven under the protection of any prince or republic, be he friend, ally, or neutral; for the peace of such place must be kept inviolable.-Molloy de Jur. Mar. p. 49.

To preserve the different treaties made with other states, security is required of responsible men (not concerned in the ship) to the value of 15001. for all ships carrying less than 150 men, and 30001, for every ship carrying more, that they will give full satisfaction for any damage or injury that they shall commit in their courses at sea, contrary to, and in breach of any of these treaties, and also under the penalties of forfeiting their commissions, and for which their ships are likewise made liable.

By several of our treaties* with European powers, (especially Spain, Holland, and Denmark,) it is recited that, “whereas the masters of merchant-ships, and likewise the mariners and passengers do sometimes suffer many cruelties and barbarous usage when they

A complete Collection of the Treaties subsi-ting between Great Britain and Foreign Powers has been published by Lewis Hertslet, Esq., Librarian of the Foreign Office, from authentic documents.-Butterworth, Flvet-street, 1827.

are brought under the power of ships, which take prizes in the time of war, the takers, in an inhuman manner, tormenting them, thereby to extort from them such confessions as they would have to be made; it is agreed that both his Majesty and the StatesGeneral shall, by the severest proclamations, forbid all such heinous and inhuman offences, and as many as they shall, by lawful proofs, find guilty of such acts, they shall take care that they be punished with due and just punishment, and which may be a terror to others; and shall command that all captains and officers of ships, who shall be proved to have committed such heinous practices, either themselves, or by instigating others to act the same, or by conniving while they were done, shall (besides other punishments to be inflicted proportionally to their offences) be forthwith deprived of their office, respectively. And every ship, brought up as a prize, whose mariners or passengers shall have suffered any torture, shall forthwith be dismissed and freed, with all her lading, from all farther proceedings and es. aminations against her, as well judicial as otherwise.”

It is a general stipulation too, in most of our treaties, that ships may sail to, and trade with, all kingdoms, countries, and estates, which shall be in peace, amity, or neutrality, with the princes whose flags they carry, and who are then at peace with the contracting parties, and are not to be molested, provided such ships are not bearers of contraband goods.

And, to avoid disputes about the understanding the term of contraband goods, they have been expressly determined to be only arms, pieces of ordnance, with all implements belonging to them, fire-balls, powders, matches, bullets, pikes, swords, lances, spears, halberts, guns, mortar-pieces, petards, bombs, grenades, fire-crancels, pitched-hoops, carriages, musket-rests, bandeliers, saltpetre, musket-shot, helmets, corslets, breastplates, coats of mail, and the like kind of armature; soldiers, horses, and all things necessary for the furniture of horses; holsters, belts, and all other warlike instruments whatever.

All other goods whatsoever are generally by such treaties permitted freely to be carried, except to places besieged; and therefore a privateer will have no right to put a hinderance thereto: but, if he make a prize of a ship loaden entirely with the above-mentioned contraband goods, both ship and loading will be condemned; and, if part be prohibited goods, and the other part not, the former only will become a prize, and the ship and the remainder be set free; and, in case the captain of the merchant-ship deliver to the captor that part of his cargo which is prohibited, the other shall receive it, without compelling the merchantman to go out of her course to any port he thinks fit, but shall forthwith dismiss her, and upon no account hinder her from freely prosecuting her intended voyage.

If such ships be attacked, in order to be examined, and refuse submitting thereto, they may be assaulted and entered by force. But, if any persons on board do not yield and surrender, those that resist may be slain.—Molloy de Jure Mar. p. 52. § 13. See Ditto on Reprisals, $ 20. Ditto, $ 14.

But, if any privateer wilfully commit any spoil, depredation, or any other injuries, either on the ships of friends or neuters, or on the ship or goods of their fellow subjects, they will be punished, in proportion to the crime, either with death or otherwise ; and the vessels are subject to forfeiture.

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