Page:United States Statutes at Large Volume 18 Part 2c.djvu/342

 GREAT BRITAIN, 1862. 335 commander, such oniicer shall exhibit to the captain of the merchant vessel a copy of the beforementioned special instructions, signed by the commander of the cruiser; and he shall in like manner deliver a certicate 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 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 exer- Limits of searchcised only within the distance of two hundred miles irom the coast of ‘ [See Additional Africa, and to the southward of the thirty-second parallel of north lati- A*`§*°*°· 1*°‘63· P- tnde, and within thirty leagues from the coast of the island of Cuba. 34*] 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 Ships of wm to be hereafter employed to prevent the African slave trade shall be fur- be furnished with nished by their respective Governments with a copy of the present treaty, i¤°*'“°*i°¤¤- of the instructions for cruisers annexed thereto, (marked A,) and of the [SBB PP- 3381 340-] 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 Communication to time, communicate to the other the names of the several ships fur- of ¤¤¤¤*=¤( &°·· ef nished with such instructions, the force of each, and the names of their  S °m ` several commanders. The said commanders sha-ll hold the rank of cap- ` tain 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 Sugpgctgd vu;. the two nations shall suspect that any merchant vessel under the escort sei under convoy- 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 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. Fourthly. It 18 further mutually agreed that the commanders of the _ Compliaucewith ships of the two navies, respectively, who shall be employed on this i¤¤'¤¤*¤¤°¤¤- service, shall adhere strictly to the exact tenor of the aforesaid instructions. Aurronn III. As the two preceding articles are entirely reciprocal, the two high I-·<>¤¤¢¤l>yW¤>¤8· contracting parties engage mutually to make good any losses which their f"] d“°““°“‘ 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