Hình ảnh trang
PDF
ePub

in Slaves; and the said republic especially engages that, within two months after the above-mentioned exchange of ratifications, they will renew the promulgation, throughout the territory of the republic, of the penal law by which the Slave Trade has been declared piracy; and that the punishment attached to piracy shall be inflicted on all those citizens who shall, under any pretext whatever, take any part whatever in the traffic of Slaves.

ARTICLE III. In order more completely to accomplish the object of the present Treaty, the two high contracting parties mutually consent that those ships of their navies respectively, which shall be provided with special instructions for that purpose, as hereinafter mentioned, may visit such mer chant vessels of the two nations as may, upon reasonable grounds, be suspected of being engaged in the traffic in Slaves, or of having been fitted out for the purposes thereof, or of having, during the voyage in which they are met with by the said cruisers, been engaged in the traffic in Slaves, contrary to the provisions of this 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 hereinafter agreed

[blocks in formation]

of the present Treaty; of the in structions for cruizers annexed thereto, letter A; and of the regulations for the Mixed Courts of Justice, annexed thereto, letter B; which Annexes shall be considered as integral parts of the Treaty.

2ndly. That each of the high contracting parties shall, from time to time, communicate to the other the names of the several ships which have been furnished with such instructions, the force of each ship, and the names of their several commanders.

3rdly. That if, at any time, there shall be just cause to suspect that any merchant vessel, sailing under the flag of either nation, and proceeding under the convoy of any ship or ships of war of either of the contracting parties, is engaged, or is intended to be engaged, in the traffic in Slaves, or is fitted out for the purposes thereof, or has, during the voyage on which she may be met with, been engaged in the traffic in Slaves, it shall be lawful for the commander of any ship of the Royal navy of Great Britain, or of the navy of the Argentine Confederation, furnished with such instructions as aforesaid, to communicate his suspicions to the commander of the convoy, who, accompanied by the commander of the cruizer, 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 vessel shall be conducted or sent to one of the points where the Mixed Courts of Justice are stationed, in order to undergo the sentence applicable to the case.

4thly. It is further mutually agreed, that the commanders of the ships of the two navies re

spectively, who shall be employed on this service, shall adhere strictly to the exact tenor of the aforesaid instructions.

ARTICLE V.-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 the arbitrary and illegal detention of their vessels; it being understood that this indemnity shall invariably be borne by the Government whose cruizer shall have been guilty of such arbitrary and illegal detention. It is further agreed, that the visit and detention of vessels specified in the third Article of this Treaty, shall be effected only by those British or Argentine ships which may form part of the navies (Royal and National) respectively of the two high contracting parties to this Treaty; and by such ships only of those navies as shall be provided with the special instructions annexed to the present Treaty.

The compensation for damages mentioned in this Article shall be made within the term of one year, reckoned from the day on which the Mixed Court of Justice pronounces sentence on the vessel, for the detention of which such compensation is claimed.

ARTICLE VI.-In order to bring to adjudication, with as little delay and inconvenience as possible, vessels which may be detained according to the tenor of the third Article of this Treaty, there shall be established, within the space of a year at furthest from the exchange of the ratifications of the present Treaty, two Mixed Courts of Justice, formed of an equal number of individuals of the two nations, named for this purpose by

the two high contracting parties respectively.

These Courts shall reside, one in a possession belonging to her Britannic Majesty, the other within the territories of the Argentine Confederation; and the two Governments, at the period of the exchange of the ratifications of the present Treaty, shall declare, each for its own territories, in what places the said Courts shall respectively reside; each of the two high contracting parties reserving to itself the right of changing, at its pleasure, the place of residence of the Court held within its own territories; provided, however, that one of the two Courts shall always be held upon the coast of Africa, and the other in the territory of the Argentine Confederation.

These Courts shall judge the causes submitted to them according to the provisions of the present Treaty, without appeal, and in conformity with the regulations and instructions which are annexed to the present Treaty, and which are considered as forming an integral part thereof.

ARTICLE VII. If the commanding officer of any of those ships of the navies of Great Britain and of the Argentine Confederation respectively, which shall be duly provided with instructions according to the provisions of the third 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 matter of the complaint, and to inflict upon the said officer a punishment proportioned to any wilful transgression which he may have committed.

ARTICLE VIII. It is hereby further mutually agreed, that every merchant vessel, British or Argentine, which shall be visited by virtue of the present Treaty, may lawfully be detained, and be 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.

2ndly. Divisions or bulkheads in the hold or on deck, in a greater number than are necessary for vessels engaged in lawful trade.

3rdly. Spare plank fitted for being laid down as a second or slave deck.

4thly. Shackles, bolts, or handcuffs.

5thly. 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.

6thly. An extraordinary number of water-casks, or of other receptacles for holding liquid; unless the master shall produce a certificate from the Custom-house at the place from which he cleared outwards, stating that sufficient security had been given by the owners of such merchant vessels, that such extra quantity of casks, or of other receptacles, should only be used for the reception of palm oil, or for other purposes of lawful

commerce.

7thly. A greater quantity of

mess tubs or kids, than are requisite for the use of the crew of the vessel as a merchant vessel.

8thly. A boiler or other cooking apparatus of an unusual size, and larger, or fitted for being made larger, than requisite for the use of the vessel as a merchant vessel; or more than one boiler or other cooking apparatus of the ordinary size.

9thly. An extraordinary_quantity of rice; of the flour of Brazil, manioc, or casada, commonly called farina of maize; of Indian corn, or of any other article of food whatever, beyond what might probably be requisite for the use of the crew of the vessel; such rice, flour, maize, Indian corn, or other article of food, not being entered on the manifest, as part of the cargo for trade.

10thly. A quantity of mats or matting, greater than is necessary for the use of the crew of the vessel as a merchant vessel.

Any one or more of these several things, if proved to have been found on board, shall be considered as prima facie evidence of the actual employment of the vessel in the Slave Trade; and the vessel shall thereupon be condemned and be declared lawful prize, unless clear and incontestible evidence on the part of the master or owners shall establish, to the satisfaction of the Court, that such vessel was, at the time of her detention or capture, employed in some legal pursuit; and that such of the several things above enumerated, as were found on board her at the time of her detention, or which had been put on board her on the voyage on which she was proceeding when captured, were needed for legal purposes on that par ticular voyage.

ARTICLE IX. If any of the things specified in the preceding Article shall be found in any merchant vessel, no compensation for losses, damages, or expenses, consequent upon the detention of such vessel, shall in any case be granted, either to her master or to her owner, or to any other person interested in her equipment or lading, even though the Mixed Court of Justice should not pronounce any sentence of condemnation in consequence of her detention.

ARTICLE X.-It is hereby agreed between the two high contracting parties, that in all cases in which a vessel shall be detained, under this Treaty, by their respective cruizers, as having been engaged in the Slave Trade, or as having been fitted out for the purposes thereof, and shall consequently be adjudged and condemned by the Mixed Courts of Justice to be established as aforesaid, the said vessel shall, immediately after condemnation, be broken up entirely, and shall be sold in separate parts, after having been so broken up.

ARTICLE XI.-The negroes who are found on board of a vessel which has been detained by a cruizer, and has been 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 cruizer made the capture; on the distinct understanding that they shall be immediately set at liberty, and shall be thenceforward kept free. The two high contracting parties respectively guarantee the full and permanent liberty of such negroes; and, with a view of ensuring the due execution of the Treaty in this respect, they each engage to afford from

time to time, and whenever required to do so by the other high contracting party, the fullest information as to the state and condition of such negroes.

The regulations letter C., annexed to this Treaty, as to the treatment of negroes liberated by sentence of the Mixed Courts of Justice, are declared to form an integral part of this Treaty.

The two high contracting parties reserve to themselves the right to alter or suspend by common consent, but not otherwise, the terms of such regulations.

ARTICLE XII.-The Annexes to this Treaty, 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, employed to prevent the traffic in Slaves.

B. Regulations for the Mixed Courts of Justice, which are to hold their sittings on the coast of Africa, and in one of the possessions of the Argentine Republic.

C. Regulations for the treatment of liberated negroes.

ARTICLE XIII. The present Treaty, consisting of thirteen Articles, shall be ratified, and the ratifications thereof shall be exchanged at Buenos Ayres as soon as possible within the space of eight months from this date.

In witness whereof the respective Plenipotentiaries have signed, in duplicate originals, English and Spanish, the present Treaty, and have thereunto affixed the seal of their arms.

Done at Buenos Ayres, this twenty-fourth day of May, in the year of our Lord one thousand eight hundred and thirty-nine.

(L.S.) J. H. MANDEVILLE (L.S.) FELIPE Arana.

ANNEX A.-Instructions for the ships of the British and Argentine navies employed to prevent the traffic in Slaves.

ANNEX B.-Regulations for the Mixed Courts of Justice which are to reside on the coast of

Africa, and in the possessions of the Argentine Confederation.

ANNEX C.-Regulations for the good treatment of liberated negroes. Three additional explanatory Articles.

CONVENTION OF COMMERCE AND NAVIGATION BETWEEN HER MAJESTY AND THE KING OF PRUSSIA AND THE OTHER MEMBERS OF THE GERMAN UNION OF CUSTOMS.

Signed at London, March 2, 1841.

Her Majesty the Queen of the United Kingdom of Great Britain and Ireland, on the one part, and His Majesty the King of Prussia, on the other part, in his own name, as well as in the name of the other Powers, Members of the Association of Customs and Commerce, existing in virtue of the Treaties of the 22nd and 30th of March, and the 11th of May, 1833, the 12th of May and 10th of December, 1835, and the 2nd of January, 1836,-that is to say, Their Majesties the King of Bavaria, the King of Saxony, and the King of Wurtemberg; their Royal Highnesses the Grand Duke of Baden, the Prince Electoral and co-Regent of Hesse, the Grand Duke of Hesse and "bei Rhein;" the States forming the Customs and Commercial Union, called the States of Thuringia, viz., his Royal Highness the Grand Duke of Saxe-Weimar Eisenach, their Serene Highnesses the Dukes of Saxe-Meiningen, Saxe Altenburg, and Saxe-Cobourg-Gotha, the Princes of Schwarzburg-Rudolstadt, of Schwarzburg-Sondershausen, of Reuss-Greiz, of ReussSchleitz, and of Reuss-Lobenstein

and Ebersdorf; his Serene Highness the Duke of Nassau, and the Free Town of Frankfort; being equally animated by the desire of extending, as far as possible, the commercial relations between their respective States, have agreed, for this purpose, to enter into a Convention of Commerce and Navigation, and have named their respective Plenipotentiaries, that is to say;

Her Majesty the Queen of the United Kingdom of Great Britain and Ireland, the Right Honourable Henry John Viscount Palmerston, Baron Temple, a Peer of Ireland, a Member of her Majesty's Most Honourable Privy Council, Knight Grand Cross of the Most Honourable Order of the Bath, a Member of Parliament, and her Britannic Majesty's Principal Secretary of State for Foreign Affairs; and the Right Honourable Henry Labouchere, a Member of her said Majesty's Most Honourable Privy Council, a Member of Parliament, President of the Committee of Privy Council for the Affairs of Trade and Foreign Plantations, and Master of the Mint;

« TrướcTiếp tục »