Page:United States Statutes at Large Volume 12.djvu/1278

 1226 TREATY WITH GREAT BRITAIN. APRIL 7, 1862. of a settlement or port, nor within the territorial waters of the other art. M°d° °*` Search P Thirdly. Whenever a merchant-vessel is searched by 8; ship of YV3i', gg1Q1g2f1in; xfs` the commander of the said ship shall, in the act of so dvtng, Gxhibih to wu'. p H10 00lDm8.¤der‘0f the merchant-vessel the special instructions by which he is duly authorized to search; and shall deliver to such comrnandera certificate, signed by himself, stating his rank in the naval S€1V1C.B 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 xs employed in the African slave trade, or is iitted up for the said trade. When the search is made by an officer of the cruiser who is not the commander, such 0H·icer shall exhibit to the captain of the merchant-vessel a copy of the before-mentioned special instructions, signed by thelcommander of the cruiser; 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 cruiser 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 m regular order, and that it is employed on lawful objects, the officer shall enter m 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. lily3E2z;;:: Fourthly. The recipromi right of search and detention shall be CX8f: of uushwm cised only within the distance of two hundred miles from the coast or °¤°¥°i$°d· .Africa, and to the southward of the thirty-second parallel of north latitude, and within thirty leagues from the coast of the Island of Cuba. Amxcnn II. In order to regulate the mode of carrying the provisions of the preceding article into execution, it is agreed-— beixmisgzgxigg First. That all the ships of the navies of the two nations which shall copy 0; mary be hereafter employed to prevent the African slave trade shall be furand instructions. nished by their respective Governments with a copy of the present treaty, of the instructions for cruisers annexed thereto, (marked A,) and of the regulations for the mixed courts of justice annexed thereto, (marked B,) which annexes respectively shall be considered as integral parts of the present treaty. Each nation to Secondly. That each of the high contracting parties shall, from time to §Q:;;‘°8Q£'$}°h° time, communicate to the other the names of the several ships furnished wm vésseis so with such instructions, the force of each, and the names of their several ¢m§>£>5L¢gE_ com- commanders. The said commanders shall hold the rank of captain in the mmdem 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. Mode of pro- Thirdly. That if at any time the commander of a cruiser of either of gig;? 3** the two nations shall suspect that any merchant-vessel under the escort or under convoy. convoy of any ship or ships-otiwar of the other nation carries negroes ou 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 vcssel; 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 places where the mixed courts of justice are stationed, in order that it may there be adjudicated upon.