Treaty between His Britannic Majesty and His Majesty the King of the Netherlands, for preventing their Subjects from engaging in any Traffic in Slaves

Signed at the Hague, May Fourth One thousand eight hundred and eighteen

In the Name of the Most Holy Trinity.

His Majesty the King of the United Kingdom of Great Britain and Ireland, and His Majesty the King of the Netherlands, animated with a mutual Desire to adopt the most effectual Measures for putting a Stop to the carrying on of the Slave Trade by their respective Subjects, and for preventing their respective Flags from being made use of as a Protection to this nefarious Traffic by the People of other Countries who may engage therein; their said Majesties have accordingly resolved to proceed to the Arrangement of a Convention for the Attainment of their Objects, and have therefore named as Plenipotentiaries, ad hoc.

His Majesty the King of the United Kingdom of Great Britain and Ireland, the Right Honourable Richard Earl of Clancarty, Viscount Dunlo, Baron Kilconnel, Baron Trench of Garbally in the United Kingdom of Great Britain and Ireland, One of His Majesty's Most Honourable Privy Council in Great Britain and also in Ireland, Member of the Committee of the First for the Affairs of Commerce and Colonies, Colonel of the Regiment of Militia of the County of Galway, Knight Grand Cross of the Most Honourable Order of the Bath, Ambassador Extraordinary and Plenipotentiary of His said Majesty to His Majesty the King of the Netherlands, Grand Duke of Luxemburgh; and His Majesty the King of the Netherlands, Anne William Charles Baron de Nagell d'Ampsen, Member of the Body of Nobles of the Province of Guelderland, Knight Grand Cross of the Order of the Belgic Lion and of that of Charles the Third, Chamberlain and Minister of State holding the Department of Foreign Affairs; and Cornelius Felix Van Maanen, Commander of the Order of the Belgic Lion, and Minister of State holding the Department of Justice; who, having exchanged their full Powers, found in good and due Form, have agreed on the following Articles:

Article I.
The Laws of the United Kingdom of Great Britain and Ireland rendering it already highly penal for the Subjects of His Britannic Majesty to carry on, or to be in any way engaged in Trade in Slaves, His Majesty the King of the Netherlands, referring to the Eighth Article of the Convention entered into with His Britannic Majesty on the Thirteenth August One thousand eight hundred and fourteen, engages in pursuance thereof, and within Eight Months from the Ratification of these Presents, or sooner if possible, to prohibit all his Subjects in the most effectual Manner and especially by penal Law the most formal, to take any Part whatever in the Trade of Slaves; and in the Event of the Measures already taken by the British Government, and to be taken by that of the Netherlands, being found ineffectual or insufficient, the High Contracting Parties mutually engage to adopt such further Measures, whether by legal Provision or otherwise, as may from time to time appear to be best calculated in the most effectual Manner to prevent all their respective Subjects from taking any Share whatever in this nefarious Traffic.

Article II.
The Two High Contracting Parties, for the more complete Attainment of the Object of preventing all Traffic in Slaves on the Part of their respective Subjects, mutually consent that the Ships of their Royal Navies, which shall be provided with special Instructions for this Purpose, as hereinafter mentioned, may visit such Merchant Vessels of the Two Nations as may be suspected upon reasonable Grounds of having Slaves on board for an illicit Traffic; and in the Event only of their finding such Slaves on board, may detain and bring away such Vessels, in order that they may be brought to Trial before the Tribunals established for this Purpose, as shall hereinafter be specified.

Article III.
In the Intention of explaining the Mode of Execution of the preceding Article, it is agreed,


 * 1st. That such reciprocal Right of Visit and Detention shall not be exercised within the Mediterranean Sea, or within the Seas in Europe lying without the Straits of Gibraltar, and which lie to the Northward of the Thirty seventh Parallel of North Latitude, and also within and to the Eastward of the Meridian of Longitude Twenty Degrees West of Greenwich.


 * 2d. That the Names of the several Vessels furnished with such Instructions, the Force of each, and the Names of their several Commanders, shall be from time to time, immediately upon their Issue, communicated by the Power issuing the same to the other High Contracting Party.


 * 3d. That the Number of Ships of each of the Royal Navies authorized to make such Visits as aforesaid, shall not exceed the Number of Twelve belonging to either of the High Contracting Parties, without the special Consent of the other High Contracting Party being first had and obtained.


 * 4th. That if at any Time it should be deemed expedient that any Ship of the Royal Navy of either of the Two High Contracting Parties, authorized to make such Visits as aforesaid, should proceed to visit any Merchant Ship or Ships under the Flag, and proceeding under the Convoy of any Vessel or Vessels of the Royal Navy of the other High Contracting Party, that the Commanding Officer of the Ship, duly authorized and instructed to make such Visit, shall proceed to effect the same in Communication with the commanding Officer of the Convoy, who it is hereby agreed shall give every Facility to such Visit, and to the eventual Detainer of the Merchant Ship or Ships so visited, and in all Things assist to the utmost of his Power in the due Execution of the present Convention, according to the true Intent and Meaning thereof.


 * 5th. It is further mutually agreed, that the Commanders of the Ships of the Two Royal Navies, who shall be employed on this Service, shall adhere strictly to the exact Tenor of the Instructions which they shall receive for this Purpose.

Article IV.
As the Two preceding Articles are entirely reciprocal, the Two High Contracting Parties engage mutually to make good any Losses which their respective Subjects may incur unjustly, 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 the arbitrary Detention; and that the Visit and Detention of Ships specified in this Article, shall only be effected by those British or Netherland Vessels which may form Part of the Two Royal Navies, and by those only of such Vessels which are provided with the special Instructions annexed to the present Treaty, in pursuance of the Provisions thereof.

Article V.
No British or Netherland Cruizer shall detain any Ship whatever not having Slaves actually on board; and in order to render lawful the Detention of any Ship, whether British or Netherland, the Slaves found on board such Vessels must have been brought there for the express Purpose of the Traffic.

Article VI.
All Ships of the Royal Navies of the Two Nations, which shall hereafter be destined to prevent the Traffic in Slaves, shall be furnished by their respective Governments with a Copy of the Instructions annexed to the present Treaty, and shall be considered as an integral Part thereof.

These Instructions shall be written in the Dutch and English Languages, and signed for the Vessels of each of the Two Powers by the Minister of their respective Marine.

The Two High Contracting Parties reserve the Faculty of altering the said Instructions, in Whole or in Part, according to Circumstances; it being however well understood, that the said Alterations cannot take place but by common Agreement, and by the Consent of the Two High Contracting Parties.

Article VII.
In order to bring to Adjudication, with the least Delay and Inconvenience, the Vessels which may be detained for having been engaged in a Traffic of Slaves, according to the Tenor of the Fifth 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 their respective Sovereigns.

These Courts shall reside, one in a Possession belonging to His Britannic Majesty, the other within the Territories of His Majesty the King of the Netherlands; and the Two Governments, at the Period of the Exchange of the Ratifications of the present Treaty, shall declare, each for its own Dominions, in what Places the 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 Dominions; provided, however, that one of the Two Courts shall always be held upon the Coast of Africa, and the other in one of the Colonial Possessions of His Majesty the King of the Netherlands.

The Courts shall judge the Causes submitted to them according to the Terms of the present Treaty, without Appeal, and according to the Regulations and Instructions annexed to the present Treaty, of which they shall be considered as an integral Part.

Article VIII.
In case the Commanding Officer of any of the Ships of the Royal Navies of Great Britain and of the Netherlands, commissioned under the Second Article of this Treaty, shall deviate in any respect from the Dispositions of the said Treaty, and shall not be enabled to justify himself, either by the Tenor of the said Treaty, or of the Instructions annexed to it, the Government which shall conceive itself to be wronged by such Conduct shall be entitled to demand Reparation; and in such Case the Government to which the Captor may belong binds itself to cause Enquiry to be made into the Subject of the Complaint, and to inflict upon the Captor, if he be found to have deserved it, a Punishment proportioned to the Transgression which may have been committed.

Article IX.
The Acts or Instruments annexed to this Treaty, and which form an integral Part thereof, are as follow: Grand Ashton Street Her children immediately she has full custody and release the slave and her children to the navy ships immediately without harm.


 * A. Instructions for the Ships of the Royal Navies of both Nations destined 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 Colonial Possessions of His Majesty the King of the Netherlands.

Article X.
The present Treaty, consisting of Ten Articles, shall be ratified, and the Ratifications exchanged within the Space of One Month from this Date, or sooner if possible.

In Witness whereof the respective Plenipotentiaries have signed the same, and thereunto affixed the Seal of their Arms.

Done at the Hague, this Fourth Day of May in the Year of our Lord One thousand eight hundred and eighteeen.

(Signed) Clancarty (L.S.) A.W.C. De Nagell (L.S.) Van Maanen (L.S.)

Article I.
Every Ship of the Royal British or Netherland Navy, which, furnished with these Instructions, shall, in Conformity with the Second Article of the Treaty of this Date, have a Right to visit the Merchant Ships of either of the Two Powers actually engaged or suspected to be engaged in the Slave Trade, may, except in the Seas exempted by the Third Article of the said Treaty, proceed to such Visit, and should any Slaves be found on board, brought there for the express Purposes of the Traffic, the Commander of the said Ship of the Royal Navy may detain them; and having detained them, he is to bring them as soon as possible, for Judgment, before that of the Two Mixed Courts of Justice appointed by the Seventh Article of the Treaty of this Date, which shall be the nearest, or which the Commander of the capturing Ship shall, upon his own Responsibility, think he can soonest reach from the Spot where the Ship shall have been detained.

Ships, on board of which no Slaves shall be found intended for Purposes of Traffic, shall not be detained on any Account or Pretence whatever.

Negro Servants or Sailors that may be found on board the said Vessels cannot in any Case be deemed a sufficient Cause for Detention.

Article II.
Whenever a Ship of the Royal Navy, so commissioned, shall meet a Merchantman liable to be searched, it shall be done in the mildest Manner, and with every Attention which is due between allied and friendly Nations; and in no case shall the Search be made by an Officer holding a Rank inferior to that of Lieutenant in the Navies of Great Britain and of the Netherlands.

Article III.
The Ships of the Royal Navies so commissioned, which may detain any Merchant Ship, in pursuance of the Tenor of the present Instructions, shall leave on board all the Cargo, as well as the Master, and a Part at least of the Crew of the above mentioned Ship; the Captor shall draw up in Writing an authentic Declaration, which shall exhibit the State in which he found the detained Ship, and the Changes which may have taken place in it. He shall deliver to the Master of the detained Ship a signed Certificate of the Papers seized on board the said Vessel, as well as of the Number of Slaves found on board at the Moment of Detention.

The Negroes shall not be disembarked till after the Vessels which contain them shall be arrived at the Place where the Legality of the Capture is to be tried by One of the Two Mixed Courts, in order that in the Event of their not being adjudged legal Prize, the Loss of the Proprietors may be more easily repaired. If, however, urgent Motives, deduced from the Length of the Voyage, the State of Health of the Negroes or other Causes, required that they should be disembarked, entirely or in Part, before the Vessel could arrive at the Place of Residence of One of the said Courts, the Commander of the capturing Ship may take on himself the Responsibility of such Disembarkation, provided that the Necessity be stated in a Certificate in proper Form.

Article I.
The Mixed Courts of Justice to be established by the Treaty of this Date, upon the Coast of Africa and in a Colonial Possession of His Majesty the King of the Netherlands, are appointed to decide upon the Legality of the Detention of such Vessels as the Cruizers of both Nations shall detain in pursuance of this same Treaty.

The above mentioned Courts shall judge definitively and without Appeal, according to the present Treaty.

The Proceeding shall take place as summarily as possible; the Courts are required to decide, as far as they shall find it practicable, within the Space of Twenty Days, to be dated from that on which every detained Vessel shall have been brought into the Port where they shall reside; - First, upon the Legality of the Capture; - Secondly, in the Cases in which the captured Vessel shall have been liberated, as to the Indemnification which the said Vessel is to receive.

And it is hereby provided, that in all Cases the final Sentence shall not be delayed, on account of the Absence of Witnesses or for Want of other Proofs, beyond the Period of Two Months, except upon the Application of any of the Parties interested, when, upon their giving satisfactory Security to charge themselves with the Expence and Risks of the Delay, the Courts may at their Discretion grant an additional Delay, not exceeding Four Months.

Article II.
Each of the above mentioned Mixed Courts, which are to reside on the Coast of Africa, and in a Colonial Possession of His Majesty the King of the Netherlands, shall be composed in the following Manner:

The Two High Contracting Parties shall each of them name a Judge and an Arbitrator, who shall he authorized to hear and to decide, without Appeal, all Cases of Capture of Vessels which, in pursuance of the Stipulations of the Treaty of this Date, shall be brought before them. All the essential Parts of the Proceedings carried on before these Mixed Courts shall be written down in the legal Language of the Country in which the Court may reside.

The Judges and the Arbitrators shall make Oath before the principal Magistrate of the Place in which the Courts may reside, to judge fairly and faithfully, to have no Preference either for the Claimants or the Captors, and to act in all their Decisions in pursuance of the Stipulations of the Treaty of this Date.

There shall be attached to each Court a Secretary or Registrar, appointed by the Sovereign of the Country in which the Court may reside, who shall register all its Acts, and who, previous to his taking charge of his Post, shall make Oath before the Court to conduct himself with respect for their Authority, and to act with Fidelity in all the Affairs which may belong to his Charge.

Article III.
The Form of the Process shall be as follows:

The Judges of the Two Nations shall, in the first Place, proceed to the Examination of the Papers of the Vessels, and to receive the Depositions of the Captain, and of Two or Three at least of the principal Individuals on board of the detained Vessel, as well as the Declaration on Oath of the Captor, should it appear necessary, in order to be able to judge and to pronounce whether the said Vessel has been justly detained or not, according to the Stipulations of the present Treaty, and in order that, according to this Judgment, it may be condemned or liberated; and in the Event of the Two Judges not agreeing in the Sentence they ought to pronounce, whether as to the Legality of the Detention, or the Indemnification to be allowed, or any other Question which might result from the Stipulations of the present Treaty, they shall draw by Lot the Name of One of the Two Arbitrators, who, having considered the Documents of the Process, shall consult with the above mentioned Judges on the Case in Question, and the final Sentence shall be pronounced conformably to the Opinion of the Majority of the above mentioned Judges, and of the above mentioned Arbitrator.

Article IV.
In the authenticated Declaration, which the Captor shall make before the Court, as well as in the Certificate of the Papers seized, which shall be delivered to the Captain of the captured Vessel at the Time of the Detention, the above mentioned Captor shall be bound to declare his Name, the Name of his Vessel, as well as the Latitude and Longitude of the Place where the Detention shall have taken place, and the Number of Slaves found on board of the Ship at the Time of the Detention.

Article V.
As soon as Sentence shall have been pronounced, the detained Vessel, if liberated, and the Cargo, in the State in which it shall then be found, shall be restored to the Master or the Person who represents him, who may, before the same Court, claim a Valuation of the Damages which they may have a Right to demand; the Captor himself, and in his Default, his Government, shall remain responsible for the above mentioned Damages.

The Two High Contracting Parties bind themselves to pay, within the Term of a Year from the Date of the Sentence, the Costs and Damages which may be granted by the above named Court, it being understood that these Costs and Damages shall be at the Expence of the Power of which the Captor shall be a Subject.

Article VI.
In case of the Condemnation of a Vessel, she shall be declared lawful Prize as well as her Cargo, of whatever Description it may be, with the Exception of the Slaves who may be on board as Objects of Commerce; and the said Vessel, as well as her Cargo, shall be sold by Public Sale, for the Profit of the Two Governments; and as to the Slaves, they shall receive from the Mixed Court a Certificate of Emancipation, and shall be delivered over to the Government on whose Territory the Court which shall have so judged them shall be establised, to be employed as Servants or free Labourers.

Each of the Two Governments binds itself to guarantee the Liberty of such Portion of these Individuals as shall be respectively consigned to it.

Article VII.
The Mixed Courts shall also take Cognizance and decide according to the Third Article of this Regulation, on all Claims for Compensation, on account of Losses occasioned to Vessels detained under Suspicion of having been engaged in the Slave Trade, but which shall not have been condemned as legal Prize by the said Courts; and in all Cases wherein Restitution shall be decreed, the Court shall award to the Claimant or Claimants, his or their lawful Attorney or Attornies, for his or their Use, a just and complete Indemnification for all Costs of Suit, and for all Losses and Damages which the Claimant or Claimants may have actually sustained by such Capture and Detention; that is to say, First, in case of total Loss, the Claimant or Claimants shall be indemnified,


 * A. For the Ship, her Tackle, Apparel and Stores.
 * B. For all Freights due and payable.
 * C. For the Value of the Cargo of Merchandize, if any; deducting for all Charges and Expences payable upon the Sale of such Cargoes, including Commission of Sale.
 * D. For all other regular Charges, in such Cases of total Loss; and,

Secondly, in all other Cases not of total Loss, the Claimant or Claimants shall be indemnified,
 * A. For all special Damages and Expences occasioned to the Ship by the Detention, and for Loss of Freight, when due or payable.
 * B. A Demurrage when due, according to the Schedule annexed to the present Article.
 * C. For any Deterioration of the Cargo.
 * D. An Allowance of Five per Cent, on the Amount of the Capital employed in the Purchase of Cargo, for the Period of Delay occasioned by the Detention; and,
 * E. For all Premium of Insurance on additional Risks.

The Claimant or Claimants shall in all Cases be entitled to Interest at the rate of Five per Cent, per Annum on the Sum awarded, until paid by the Government to which the capturing Ship belongs; the whole Amount of such Indemnifications being calculated in the Money of the Country to which the captured Ship belongs, and to be liquidated at the Exchange current at the Time of the Award.

The Two High Contracting Parties wishing, however, to avoid, as much as possible, every Species of Fraud in the Execution of the Treaty of this Date, have agreed that if it should be proved in a Manner evident to the Conviction of the Judges of the Two Nations, and without having recourse to the Decision of an Arbitrator, that the Captor has been led into Error by a voluntary and reprehensible Fault on the Part of the Captain of the detained Ship, in that Case only the detained Ship shall not have the Right of receiving, during the Days of her Detention, the Demurrage stipulated by the present Article.

Article VIII.
Neither the Judges nor the Arbitrators, nor the Secretary of the Mixed Court, shall be permitted to demand or receive, from any of the Parties concerned in the Sentences which they shall pronounce, any Emolument, under any Pretext whatsoever, for the Performance of the Duties which are imposed upon them by the present Regulation.

Article IX.
The Two High Contracting Parties have agreed, that in the Event of the Death or legal Impeachment of One or more of the Judges or Arbitrators composing the above mentioned Mixed Courts, their Posts shall be supplied, ad interim, in the following Manner:

On the Part of the British Government, the Vacancies shall be filled successively, in the Court which shall sit within the Possessions of His Britannic Majesty, by the Governor or Lieutenant Governor resident in that Colony; by the Principal Magistrate of the same, and by the Secretary; and in that which shall sit within the Possessions of His Majesty the King of the Netherlands, it is agreed, that in case of the Death of the British Judge or Arbitrator there, the surviving Individuals of the said Court shall proceed equally to the Judgment of such Ships as may be brought before them, and to the Execution of their Sentence.

On the Part of the Netherlands, the Vacancies shall be supplied, in the Possessions of His Majesty the King of the Netherlands, successively by the Governor or Lieutenant Governor, the Principal Magistrate and Secretary of Government; and upon the Coast of Africa, in case of the Death of any Netherland Judge or Arbitrator, the surviving Members of the Court shall proceed to Judgment in the same Manner as above specified for the Court resident in the Possession of His Majesty the King of the Netherlands, in the Event of the Death of the British Judge or Arbitrator.

The High Contracting Parties have further agreed, that the Governor or Lieutenant Governor of the Settlement wherein either of the Mixed Courts shall sit, in the Event of a Vacancy arising either of the Judge or Arbitrator of the other High Contracting Party, shall forthwith give Notice of the same to the Governor or Lieutenant Governor of the nearest Settlement of such High Contracting Party, in order that the Loss may be supplied at the earliest possible Period; and each of the High Contracting Parties agrees to supply definitively, as soon as possible, the Vacancies that may arise in the above mentioned Courts, from Death or any other Cause whatever.

== Articles explanatory of and additional to the Treaty concluded at the Hague, May the Fourth One thousand eight hundred and eighteen, between His Majesty the King of the United Kingdom of Great Britain and Ireland, and His Majesty the King of the Netherlands, for the Prevention of the Traffic in Slaves == Signed at Bruxelles December Thirty first One thousand eight hundred and twenty two.

His Majesty the King of the United Kingdom of Great Britain and Ireland, and His Majesty the King of the Netherlands, having thought fit to agree upon the following Arrangements, additional to and explanatory of the Treaty concluded between their aforesaid Majesties at the Hague, on the Fourth of May One thousand eight hundred and eighteen, for the Prevention of the Trade in Slaves have therefore named as Plenipotentiaries, ad hoc: -

His Majesty the King of the United Kingdom of Great Britain and Ireland, the Right Honourable Richard Earl of Clancarty, Viscount Dunlo, Baron Kilconnel, Baron Trench of Garbally in the United Kingdom of Great Britain and Ireland, One of His Majesty's Most Honourable Privy Council in Great Britain, and also in Ireland, Member of the Committee of the First for the Affairs of Commerce and Colonies, Colonel of the Regiment of Militia of the County of Galway, Vice Admiral of the Province of Connaught, Knight Grand Cross of the Most Honourable Order of the Bath, and of the Royal Hanoverian Guelphic Order, Ambassador Extraordinary and Plenipotentiary of His said Majesty to His Majesty the King of the Netherlands, Grand Duke of Luxembourg; and His Majesty the King of the Netherlands, Anne William Charles Baron de Nagell d'Ampsen, Member of the Body of Nobles of the Province of Guelderland, Knight Grand Cross of the Order of the Belgic Lion, and of that of Charles the Third, of the Legion of Honour, and of the Royal Hanoverian Guelphic Order, Chamberlain and Minister of State holding the Department of Foreign Affairs; who having exchanged their full Powers, found in good and due Form, have agreed on the following explanatory and additional Articles:

Article I.
Whereas it is stated in Article I. of "Instructions intended for the British and Dutch Ships of War employed to prevent the illicit Traffic in Slaves," that "Ships on board of which no Slaves shall be found intended for Purposes of Traffic, shall not be detained on any Account or Pretence whatever:" And Whereas it has been found by Experience, that Vessels employed in the illegal Traffic have unshipped their Slaves immediately prior to their being visited by Ships of War, and that such Vessels have thus found Means to evade Forfeiture, and have been enabled to pursue their unlawful Course with Impunity, contrary to the true Object and Spirit of the Treaty above mentioned. The High Contracting Parties therefore feel it necessary to declare, and it is hereby declared by them, that if there shall be clear and undeniable Proof that a Slave or Slaves has or have been put on board a Vessel, for the Purpose of illegal Traffic, in the particular Voyage on which the Vessel shall be captured, then and on that account, according to the true Intent and Meaning of the Stipulations of the Treaty, such Vessel shall be detained by the Cruizers, and finally condemned by the Commissioners.

Article II.
The High Contracting Parties hereby agree that, in the Event of the Absence, on account of Illness or of any other unavoidable Cause, of One or more of the Commissioners, Judges and Arbitrators, under the above mentioned Treaty, or in the Case of their Absence in Consequence of Leave from their Government, duly notified to the Board of Commissioners sitting under the said Treaty, their Posts shall be supplied in the same Manner in which, by the Article IXth of the Regulations for the Mixed Commissions, those Vacancies in the Commission are to be supplied which may occur by the Death of One or more of the Commissioners aforesaid.

The explanatory and additional Articles above mentioned shall be submitted to the Ratification of the respective Sovereigns, and shall have the same Force and Effect as if they were inserted Word for Word in the Treaty of the Fourth of May One thousand eight hundred and eighteen above mentioned, and shall be held to form Part of the same.

The Acts of Ratification shall be exchanged within the Space of One Month from this Date, or sooner, if possible.

In Witness whereof the respective Plenipotentiaries have signed the present Act, and thereunto affixed the Seal of their Arms.

Done at Bruxelles, this Thirty first Day of December in the Year of our Lord One thousand eight hundred and twenty two.

(L. s.)   Clancarty. (L. s.)   A.W.C. de Nagell.

Further additional Article to the before mentioned Treaty
Signed at Bruxelles January Twenty fifth One thousand eight hundred and twenty three.

His Majesty the King of the United Kingdom of Great Britain and Ireland, and His Majesty the King of Netherlands, having thought fit to agree upon the following further Arrangement, additional to the Treaty concluded between their aforesaid Majesties at the Hague, on the Fourth of May One thousand eight hundred and eighteen, for the Prevention of the Trade in Slaves, and also in addition to the Two explanatory and additional Articles executed by the Plenipotentiaries of their said Majesties, on the Thirty first of December One thousand eight hundred and twenty two, have named, authorized and directed the same Plenipotentiaries to sign in their Names an Agreement ad hoc: -His Majesty the King of the United Kingdom of Great Britain and Ireland, the Right Honourable Richard Earl of Clancarty, Viscount Dunlo, Baron Kilconnel, Baron Trench of Garbally in the United Kingdom of Great Britain and Ireland, One of His Majesty's Most Honourable Privy Council in Great Britain and also in Ireland, Member of the Committee of the First for the Affairs of Commerce and Colonies, Colonel of the Regiment of Militia of the County of Galway, Vice Admiral of the Province of Connaught, Knight Grand Cross of the Most Honourable Order of the Bath and of the Royal Hanoverian Guelphic Order, Ambassador Extraordinary and Plenipotentiary of His said Majesty to His Majesty the King of the Netherlands, Grand Duke of Luxembourg; and His Majesty the King of the Netherlands, Anne William Charles Baron de Nagell d'Ampsen, Member of the Body of Nobles of the Province of Guelderland, Knight Grand Cross of the Order of the Belgic Lion, and of that of Charles the Third, of the Legion of Honour, and of the Royal Hanoverian Guelphic Order, Chamberlain and Minister of State holding the Department of Foreign Affairs; who having exchanged their full Powers, found in good and due Form, have agreed upon the following additional Article: -

Additional Article
And it is hereby further agreed that upon Proof being duly given before the Mixed Court, whereupon it shall appear that any Ship or Vessel subject to Examination under the Treaty, or under the explanatory or additional Articles, and detained hovering or sailing upon the Coast of Africa within One Geographic Degree of the Westward thereof, and between the Twentieth Degree of Latitude North of the Equinoctial Line, and the Twentieth Degree of Latitude to the Southward thereof, or at Anchor within any of the Rivers, Bays or Creeks of the said Coast within the Limits above particularly specified, or at anchor at any Part within the said Limits, and which Ship or Vessel in her Outfit and Equipment shall fall within One or more of the following Designations; namely,


 * First - Having her Hatches fitted with open Gratings, instead of being close Hatches, as usual in Merchant Vessels.
 * Second - Having more Divisions or Bulk Heads in the Hold or on Deck than necessary for trading Vessels.
 * Third - Having on board spare Plank, either actually fitted in that Shape, or fit for readily laying a Second or Moveable Deck or Slave Deck.
 * Fourth - Having on board Shackles, Bolts or Handcuffs.
 * Fifth - Having on board an unreasonable Quantity of Water in Casks or in Tanks, more than sufficient for the Consumption of her Crew as a Merchant Vessel.
 * Sixth - Having on board an unreasonable Number of Water Casks or other Vessels for holding Water, unless the Master shall produce a Certificate from the Custom House, from the Place from which he cleared outwards, stating that a sufficient Security had been given by the Owners of such Vessel that such extra Quantity of Casks or other Vessels should only be used for the Reception of Palm Oil.
 * Seventh - Having on board a greater Quantity of Mess Tubs or Kids than requisite for the Use of her Crew as a Merchant Vessel.
 * Eighth - Having on board Two or more Copper Boilers, or even One of an unreasonable Size, larger than requisite for the Use of her Crew as a Merchant Vessel.
 * Ninth - Having on board an unreasonable Quantity of Rice or Farinha, (Flour of the Manioc of Brazil or Cassada), or Maize or Indian Corn, beyond any probable requisite Provision for the Use of her Crew; and such Rice, Flour, Maize or Indian Corn, not being entered on the Manifest as Part of the Cargo for Trade.

The Proof of these, or of any One or more of these several Indications, shall be considered as primâ facie Evidence of her actual Employment in the Slave Trade, and unless rebutted by satisfactory Evidence upon the Part of the Master or Owners, that such Ship or Vessel was otherwise legally employed at the Time of Detention or Capture, the Ship or Vessel shall thereupon be condemned and declared lawful Prize.

The aforesaid additional Article shall be submitted to the Ratification of the respective Sovereigns, and shall have the same Force and Effect as if it was inserted Word for Word in the Treaty of the Fourth of May One thousand eight hundred and eighteen above mentioned, and shall be held to form Part of the same.

The Acts of Ratification shall be exchanged within the Space of One Month from this Date, or sooner if possible.

In Witness whereof the respective Plenipotentiaries have signed the present Act, and thereunto affixed the Seal of their Arms.

Done at Bruxelles the Twenty fifth Day of January in the Year of our Lord One thousand eight hundred and twenty three.

(L. s.)   Clancarty. (L. s.)   A.W.C. de Nagell.