* Home * Loney home * Life & career * Documents * Album * Ships * Portrait * Uniform * Background * * Search this site *
William Loney RN - Background  

Home-Loney-Background-West Africa  

COMMISSION for a British Commissary-Judge, a Commissioner of Arbitration, and a Secretary or Registrar, to reside at Sierra Leone, under the Convention signed at London, July 28th 1817, between His Majesty and his Most Faithful Majesty, for preventing the illicit Traffic in Slaves.

In the Name and on the Behalf of His Majesty,
(L.S.) GEORGE P. R.

GEORGE the Third, by the grace of God, King of the United Kingdom of Great Britain and Ireland, Defender of the Faith, King of Hanover, &c. &c. &c. To all and singular to whom these presents shall come, greeting: Whereas by an additional convention concluded at London on the twenty-eighth day of July 1817, between Us and his Majesty the King of the United Kingdom of Portugal, Brazil and Algarves, for preventing our respective subjects from engaging in any illicit Traffic in Slaves, it is, amongst other things, stipulated and agreed, that in order to bring to adjudication, with the least delay and inconvenience, the vessels which may be detained for having been engaged in an illicit Traffic of Slaves, there shall be established, within the space of a year at furthest from the exchange of the ratifications of the said convention, two mixed commissions, formed of an equal number of individuals of the two nations, named for that purpose by their respective Sovereigns, and that those commissions shall reside, one in a possession to Us belonging, the other within the territories of his Most Faithful Majesty, one of which commissions is stipulated by the said convention to be always held upon the coast of Africa, and the other in the Brazils: And it was by the said convention further stipulated and agreed, that the said commissions should judge the causes submitted to them without appeal, and according to the regulations and instructions annexed to the said convention, of which they should be considered as an integral part. And whereas it was, by the said regulations annexed to the said convention, amongst other things provided, that the said mixed commissions should be composed in the following manner, that is to say, that We and his Most Faithful Majesty should each of us name a Commissary Judge and a Commissioner of Arbitration, who should be authorized to hear and decide, without appeal, all cases of capture of Slave vessels which, in pursuance of the stipulations of the said convention, might be laid before them, and that there should be attached to each commission, a Secretary or Registrar, appointed by the Sovereign of the country in which the commission might reside: And whereas, by an act of parliament made and passed in the 58th year of Our reign, intituled, "An Act to carry into execution a convention made between His Majesty and the King of Portugal, for the preventing Traffic in Slaves," it is, amongst other things enacted, that it shall be lawful for Us, by any warrant under Our Royal Sign Manual, countersigned by one of our principal secretaries of state for the time being, to appoint such Commissary-Judges and Commissioners of Arbitration as are in and by the said convention and regulations thereunto annexed, mentioned to be appointed by Us; and such Commissary-Judges and Commissioners are thereby authorized and empowered to examine and decide all such cases of detention, captures and seizures of vessels and their cargoes, detained, seized, taken or captured under the said treaty or convention, or instructions and regulations, as are by the said treaty, convention, instructions and regulations, and by that Act, made subject to their jurisdiction, and to proceed therein, and give such judgments, and make such orders therein, and do all other acts, matters and things appertaining thereto, agreeably to the provisions of the said treaty, convention, and the instructions and regulations annexed thereto, as fully and effectually, to all intents and purposes, as if special powers and authorities for that purpose were specifically and particularly inserted and given in relation thereto in the said Act: And it was thereby further, amongst other things enacted, that it should be lawful for the said Commissary-Judges, or either of them, and they are thereby respectively empowered to administer oaths to, and take the depositions of all parties, witnesses and other persons who may come or be brought before them to be examined, or for the purpose of deposing, in the course of any proceeding, before the said Commissary-Judges, or before the said Commissary Judges and the Commissioner of Arbitration, in the cases in which such Commissioners of Arbitration shall act with the said Commissary Judges under the said convention, instructions or regulations, or that act; and that it should also be lawful for the said Commissary-Judges, or for the said Commissary-Judges and Commissioners of Arbitration, in the cases aforesaid, to summon before them all persons whom they may deem it necessary or proper to examine in relation to any suit, proceeding, or matter or thing under their cognizance, and to send for and issue precepts for the producing of all such papers as may relate to the matters in question before them, and to enforce all such summonses, orders and precepts by such and the like means, powers and authorities, as any Court of Vice-Admiralty may do: Now know ye, that We, reposing especial trust and confidence in the approved learning, wisdom and fidelity of our trusty and well-beloved Thomas Gregory, Esquire, and of our trusty and well-beloved Edward Fitz-Gerald, Esquire, have named, made, constituted and appointed, as we do by these presents name, make, constitute and appoint our said trusty and well-beloved Thomas Gregory, Esquire, to be our Commissary-Judge, and our said trusty and well-beloved Edward Fitz-Gerald, Esquire, to be our Commissioner of Arbitration, under and pursuant to the said convention and act of parliament, to meet the Commissary-Judge and Commissioner of Arbitration appointed, or to be appointed by his Most Faithful Majesty, at our possession or settlement of Sierra Leone, on the coast of Africa, there to be resident with them, and to form a mixed commission, according to the stipulations of the said convention, for the adjudication of all such causes as shall be submitted to the said Commissioners under the said convention, and according to the regulations and instructions thereto annexed: And we do hereby give and grant to our said Commissary-Judge and Commissioner of Arbitration jointly, in all cases in which they shall or may by the regulations annexed to the said convention be required or directed to act together and severally, in all cases in which either of them shall or may by the said regulations be required or directed to act separately from the other, full power and authority to examine and decide all such cases of detention, captures and seizures of vessels and their cargoes, detained, seized, taken or captured under the said convention, or instructions and regulations, as are by the said convention, instructions and regulations, and by the said act of parliament, made subject to the jurisdiction of the Commissary-Judges and Commissioners of Arbitration respectively to be by Us appointed; and to proceed in all such cases, and give such judgments, and make such orders therein, and do all such other acts, matters and things appertaining thereto, agreeably to the provisions of the said convention, and the instructions and regulations annexed thereto, as fully and effectually to all intents and purposes, as if special powers and authorities for all and every such purposes were specifically and particularly inserted and given herein in relation thereto. And we do hereby further give and grant to our said Commissary-Judge, and our said Commissioner of Arbitration, full power and authority to administer oaths to, and take the depositions of all parties, witnesses and other persons who may come or be brought before them, or either of them, to be examined under the said convention, instructions or regulations, or under the said act of parliament, and to summon before them, or either of them, all persons whom they, or either of them, may deem it necessary or proper to examine in relation to any suit, proceeding, matter or thing under their respective cognizance, and to send for and issue precepts for the producing of all such papers as may relate to any matters in question before them or either of them, and to enforce all such summonses, orders and precepts by such and the like means, powers and authorities, as any Court of Vice-Admiralty may do. And we do hereby require all and every our officers and ministers to be aiding and assisting to them, and each of them, in the due execution of this our commission: Provided always, and we do hereby will and require, that our said Commissary-Judge, and our said Commissioner of Arbitration, before they shall respectively enter upon the execution of any of the duties of their said respective offices, shall, in the presence of the principal magistrate then residing and acting in our possession or settlement of Sierra Leone aforesaid, take the following oath, which oath such magistrate is hereby, and by the said Act, authorized and required to administer; that is to say, "I Thomas Gregory, (or I Edward Fitz-Gerald), do solemnly swear that I will, according to the best of my skill and knowledge, act in the execution of my office as Commissary-Judge, (or Commissioner of Arbitration) faithfully, impartially, fairly, and without preference or favour either for claimants or captors, or any other persons; and that I will to the best of my judgment and power, act in pursuance of, and according to the stipulations, regulations and instructions contained in, or annexed to the additional convention concluded at London, on the 28th day of July 1817, between his Majesty and His Most Faithful Majesty. So help me God." And we having made choice of and appointed our trusty and well-beloved Daniel Molloy Hamilton, Esquire, to be Secretary (or Registrar) to the said mixed commission, pursuant to the said convention and act of parliament, Our said Commissary-Judge is hereby authorized and required to administer to the said Daniel Molloy Hamilton, Esquire, before he enters on the duties of his said office, the following oath: that is to say, "I Daniel Molloy Hamilton do solemnly swear that I will, according to the best of my skill and knowledge, act in the execution of my office, and that I will conduct myself with respect to the authority of the Commissary Judges and Commissioners of Arbitration of the commission to which I am attached, and will act with fidelity in all the affairs which may belong to my charge, and without preference or favour either for claimants or captors, or any other persons. So help me God."

In witness whereof, we have signed these presents in the name and on the behalf of His Majesty.

Given at the Palace of Carlton-House, the twentieth day of February, in the year of our Lord one thousand eight hundred and nineteen, and in the fiifty-ninth year of His Majesty's reign.

By Command of His Royal Highness the Prince Regent, in the name and on the behalf of His Majesty.

(Countersigned) Castlereagh.


MEMORANDUM.

Three similar commissions were signed on the same day by His Royal Highness the Prince Regent:

The First. - Appointing Henry Hayne, Esquire, Commissary-Judge, and Alexander Cunningham, Esquire, Commissioner of Arbitration, to reside in the Brazils, under the convention between His Majesty, and his Most Faithful Majesty, signed at London, July 28th 1817.

The Second. - Appointing Thomas Gregory, Esquire, Commissary-Judge, Edward Fitz-Gerald, Esquire, Commissioner of Arbitration, and Daniel Molloy Hamilton, Esquire, Secretary or Registrar, to reside at Sierra Leone, under the Treaty between His Majesty and his Catholic Majesty, signed at Madrid, September 23d 1817, (in addition to their above-mentioned appointment under the Portuguese convention.)

And the Third. - Appointing Henry Theophilus Kilbie, Esquire, Commissary-Judge, and Robert Francis Jameson, Esquire, Commissioner of Arbitration, to reside at the Havannah, under the said Treaty between His Majesty and his Catholic Majesty.


Top  

Valid HTML 4.0