Page:United States Statutes at Large Volume 18 Part 2c.djvu/346

 GREAT BRITAIN, 1862. 339 which shall be actually engaged, or sus ccted to be en a i African slave trade, or to be fitted out fgr the purposes €h§:ebf,lbrut§ have been engaged in such trade during the voyage in which she may be met with by such ship of the United States or British navy ; and Vessels to be such commander shall thereupon bring or send such merchant vessel **6*** l" *`°l” 5****% (save in the case provided for in Article V of these instructions) as soon "°°”°' as possible for judgment before one of the three mixed courts of justice established in virtue of the IVth article of the said treaty, that is to say: If the vessel shall be detained on the coast of Africa, she shall be D¤¤>¤li<>}¤ <>¤ brought before that one of the two mixed courts of justice to be estab— °°”° °f M"""‘ lished at the Cape of Good Hope and at Sierra Leone which may be nearest to the place of detention, or which the captor, on his own responsibility, may think can be soonest reached from such place. If the vessel shall be detained on the coast of the Island of Cuba, she Detention on shall be brought before the mixed court of justice at New York. 30:;; <>*` I¤l¤¤¢l ¤*` Anmrcnrz II. Whenever a ship of either of the two navies, duly authorized as afore— Method erseamh. said, shall meet a merchant vessel liable to be searched under the pro— visions of the said treaty, the search shall be conducted with the courtesy and consideration which ought to be observed between allied and friendly nations; and the search shall, in all cases, be made by an officer holding a rank not lower than that of lieutenant in the navy, or by the officer who at the time shall be second in command of the ship by which such search is made. Anrrona III. The commander of any ship of the two navies, duly authorized as p,-,,c,,,,d,,,g, in aforesaid, who may detain any merchant-vessel in pursuance of the case of detention. tenor of the present instructions, shall leave on board the vessel so detained the master, the mate or boatswain, and two or three, at least, of the crew, the whole of the negroes, if any, and all the cargo. The captor shall, at the time of detention, draw up, in writing, a declaration, which shall exhibit the state in which he found the detained vessel. Such declaration shall be signed by himself, and shall be given in or sent, together with the captured vessel, to the mixed court of justice before which such vessel shall be carried or sent for adjudication. He shall deliver to the master of the detained vessel a siguedand certified list of the papers found on board the same, as well as a certificate of the number of neroes found on board at the moment of detention. In the declaration which the captor is hereby required to make, as Dm,,,-M50;. gf well as in the certified list of the papers seized, and in the certificate cnptvr. of the number of negroes found on board the detained vessel, he shall insert his own name and surname, the name of the capturing ship, and the latitude and longitude of the place where the detention shall have been made. The officer in charge of the detained vessel shall, at the time of bring- C,_,,,,,,,,,,,,,,,,,»,,,,_,_ ing the vessel’s papers into the mixed court of justice, deliver into the cer in charge. court a certificate, signed by himself and veriiied on oath, stating any changes which may have taken place in respect to the vessel, her crew, the negroes, if any, and her cargo, between the period of her detention and the time of delivering in such paper. Anrrcnn IV. If urgent reasons arising from the length of the voyage, the state of when negmss health of the negroes, or any other cause. should require that either the may M d ¤ ¤ <> ¤¤ - whole or ar portion of such negroes should be disembarked before the l’“E'g,‘f)dé ,,1, mw vessel can arrive at the place at which one of the mixed courts of jus- m,,,,," A,.,,c°f§ v_] tice is established, the commander of the capturing ship may take upon