|William Loney RN - Background|
Treaty between His Britannic Majesty and His Catholic Majesty, for preventing Their Subjects from engaging in any illicit Traffic in Slaves. Signed at Madrid the 23d of September 1817
In the Name of the Most Holy Trinity: It having been stated, in the second Additional Article of the Treaty signed at Madrid on the 5th day of July of the year 1814, between His Majesty the King of the United Kingdom of Great Britain and Ireland, and His Majesty the King of Spain and the Indies, that "His Catholic Majesty concurs, in the fullest Manner, in the Sentiments of His Britannic Majesty, with respect to the Injustice and Inhumanity of the Traffic in Slaves, and promises to take into consideration, with the Deliberation which the State of His Possessions in America demands, the Means of acting in conformity with those Sentiments; and engages, moreover, to prohibit his Subjects from carrying on the Slave Trade, for the Purpose of supplying any Islands or Possessions, excepting those appertaining to Spain; and to prevent, by effectual Measures and Regulations, the Protection of the Spanish Flag being given to Foreigners who may engage in this Traffic, whether Subjects of His Britannic Majesty, or of any other State or Power."
And His Catholic Majesty, conformably to the Spirit of this Article, and to the Principles of Humanity with which he is animated, having never lost Sight of an Object so interesting to him, and being desirous of hastening the Moment of its attainment, has resolved to co-operate with His Britannic Majesty in the Cause of Humanity, by adopting, in concert with His said Majesty, efficacious Means for bringing about the Abolition of the Slave Trade, for effectually suppressing illicit Traffic in Slaves, on the part of Their respective Subjects, and for preventing Spanish Ships trading in Slaves, conformably to Law and to Treaty, from being molested or subjected to Losses from British Cruizers: the Two High Contracting Parties have accordingly named as their Plenipotentiaries, viz:
His Majesty The King of the United Kingdom of Great Britain and Ireland, the Right Honourable Sir Henry Wellesley, a Member of His Majesty's Most Honourable Privy Council, Knight Grand Cross of the Most Honourable Order of the Bath, and His Majesty's Ambassador Extraordinary and Plenipotentiary to His Catholic Majesty; and His Majesty the King of Spain and the Indies, Don Josef Garcia de Leon y Pizarro, Knight Grand Cross of the Royal and distinguished Spanish Order of Charles III., of that of Saint Ferdinand and of Merit, of Naples, of those of Saint Alexander Newsky and of Saint Anne of Russia, and of that of the Red Eagle of Prussia, Counsellor of State, and First Secretary of State and of the General Dispatch; who, having exchanged their respective full Powers, found to be in good and due Form, have agreed upon the following Articles:
ARTICLE THE FIRST. - His Catholic Majesty engages, that the Slave Trade shall be abolished throughout the entire Dominions of Spain, on the 30th day of May 1820, and that, from and after that Period, it shall not be lawful for any of the Subjects of the Crown of Spain to purchase Slaves, or to carry on the Slave Trade, on any Part of the Coast of Africa, upon any pretext or in any Manner whatever; provided, however, that a term of five months, from the said Date of the 30th of May 1820, shall be allowed for completing the Voyages of Vessels, which shall have cleared out lawfully previously to the said 30th of May.
ARTICLE THE SECOND.- It is hereby agreed, that from and after the Exchange of the Ratifications of the present Treaty, it shall not be lawful for any of the Subjects of the Crown of Spain to purchase Slaves, or to carry on the Slave Trade on any Part of the Coast of Africa to the north of the Equator, upon any Pretext or in any Manner whatever; provided, however, that a term of six months, from the date of the Exchange of the Ratifications of this Treaty, shall be allowed for completing the Voyages of Vessels which shall have cleared out from Spanish Ports tor the said Coast, previously to the Exchange of the said Ratifications.
ARTICLE THE THIRD. - His Britannic Majesty engages to pay, in London, on the 20th of February 1818, the sum of four hundred thousand Pounds Sterling, to such Person as His Catholic Majesty shall appoint to receive the same.
ARTICLE THE FOURTH. - The said Sum of four hundred thousand Pounds Sterling is to be considered as a full Compensation for all Losses sustained by the Subjects of His Catholic Majesty engaged in this Traffic, on account of Vessels captured previously to the Exchange of the Ratifications of the present Treaty, as also for the Losses, which are a necessary Consequence of the Abolition of the said Traffic.
ARTICLE THE FIFTH. - One of the Objects of this Treaty, on the part of the two Governments, being mutually to prevent their respective Subjects from carrying on an illicit Slave Trade;
The two High Contracting Parties declare, that they consider as illicit, any Traffic in Slaves carried on under the following Circumstances:
First. Either by British Ships, and under the British Flag, or for the Account of British Subjects, by any Vessel or under any Flag whatsoever.
Second. By Spanish Ships, upon any Part of the Coast of Africa north of the Equator, after the Exchange of the Ratifications of the present Treaty; provided, however, that six months shall be allowed for completing the Voyages of Vessels, conformably to the Tenor of the second Article of this Treaty.
Third. Either by Spanish Ships, and under the Spanish Flag, or for the account of Spanish Subjects, by any Vessel or under any Flag whatsoever, after the 30th of May 1820, when the Traffic in Slaves, on the Part of Spain, is to cease entirely; provided always, that five Months shall be allowed for the Completion of Voyages commenced in due time, conformably to the first Article of this Treaty.
Fourth. Under the British or Spanish flag, for the Account of the subjects of any other Government.
Fifth. By Spanish vessels bound for any Port not in the Dominions of His Catholic Majesty.
ARTICLE THE SIXTH. - His Catholic Majesty will adopt, in conformity to the Spirit of this Treaty, the Measures which are best calculated to give full and complete Effect to the laudable Objects which the High Contracting Parties have in view.
ARTICLE THE SEVENTH. - Every Spanish Vessel which shall be destined for the Slave Trade, on any Part of the Coast of Africa where this Traffic still continues to be lawful, must be provided with a Royal Passport, conformable to the Model annexed to the present Treaty, and which Model forms an integral Part of the same. This Passport must be written in the Spanish Language, with an authentic Translation in English annexed thereto; and it must be signed by His Catholic Majesty, and countersigned by the Minister of Marine, and also by the Principal Naval Authority of the District, Station, or Port from whence the Vessel clears out, whether in Spain, or in the Colonial Possessions of His Catholic Majesty.
ARTICLE THE EIGHTH. - It is to be understood that this Passport, for rendering lawful the Voyages of Slave Ships, is required only for the Continuation of the Traffic to the south of the Line; those Passports which are now issued, signed by the First Secretary of State of His Catholic Majesty, and in the form prescribed by the Order of the 16th of December 1816, remaining in full Force for all vessels which may have cleared out for the Coast of Africa, as well to the North as to the South of the Line, previously to the Exchange of the Ratifications of the present Treaty.
ARTICLE THE NINTH. - The two High Contracting Parties, for the more complete Attainment of the Object of preventing all illicit Traffic in Slaves, on the Part of their respective Subjects, mutually consent, that the Ships of War 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, acquired by an illicit Traffic, and, in the Event only of their finding 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.
Provided always, that the Commanders of the Ships of War 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.
As this Article is 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; provided always, that the Visit and Detention of Slave Ships, specified in this Article, shall only be effected by those British or Spanish 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.
ARTICLE THE TENTH. - No British or Spanish Cruizer shall detain any Slave Ship, not having Slaves actually on board; and in order to render lawful the Detention of any Ship, whether British or Spanish, the Slaves found on board such Vessel must have been brought there for the express Purpose of the Traffic; and those on board of Spanish ships must have been taken from that part of the Coast of Africa where the Slave Trade is prohibited, conformably to the Tenor of the present Treaty.
ARTICLE THE ELEVENTH. - All Ships of War of the two Nations, which shall hereafter be destined to prevent the illicit Traffic in Slaves, shall be furnished by their own Government with a copy of the Instructions annexed to the present Treaty, and which shall be considered as an integral part thereof.
These Instructions shall be written in Spanish and English, 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 the common Agreement, and by the Consent of the two High Contracting Parties.
ARTICLE THE TWELFTH. - 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 present Treaty, two mixed Commissions, formed of an equal number of Individuals of the two Nations, named for this purpose by their respective Sovereigns.
These Commissions shall reside - one in a Possession belonging to His Britannic Majesty - the other within the Territories of His Catholic Majesty; 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 Commissions 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 Commission held within its own Dominions; provided, however, that one of the two Commissions shall always be held upon the coast of Africa, and the other in one of the Colonial Possessions of His Catholic Majesty.
These Commissions shall judge the causes submitted to them without Appeal, and according to the Regulation and Instructions annexed to the present Treaty, of which they shall be considered as an integral Part.
ARTICLE THE THIRTEENTH. - The Acts or Instruments annexed to this Treaty, and which form an integral Part thereof, are as follows:
No. 1. Form of Passport for the Spanish merchant Ships, destined for the lawful Traffic in Slaves.
No. 2. Instructions for the Ships of War of both Nations, destined to prevent the illicit Traffic in Slaves.
No. 3.Regulation for the mixed Commissions, which are to hold their Sittings, on the Coast of Africa, and in one of the Colonial Possessions of His Catholic Majesty.
ARTICLE THE FOURTEENTH. - The present Treaty, consisting of fourteen Articles, shall be ratified, and the Ratifications exchanged at Madrid, within the space of two months from this Date, or sooner if possible.
In witness whereof the respective Plenipotentiaries have signed the same, and have thereunto affixed the Seal of their Arms.
Done at Madrid, this twenty-third day of September, in the year of our Lord one thousand eight hundred and seventeen.
|Henry Wellesley. (L.S.)||Jose Pizarro. (L.S.)|
Form of Passport for Spanish Vessels destined for the lawful Traffic in Slaves
FERDINAND, by the Grace of God, King of Castille, of Leon, of Aragon, of the two Sicilies, of Jerusalem, of Navarre, of Granada, of Toledo, of Valencia, of Gallicia, of Majorca, of Minorca, of Seville, of Sardinia, of Cordova, of Corsica, of Murcia, of Jaen, of the Algarves, of Algeciras, of Gibraltar, of the Canary Islands, of the East and West Indies, Isles, and Terra Firma of the Ocean; Arch Duke of Austria; Duke of Burgundy, of Brabant, and of Milan; Count of Apsburgh, Flanders, Tirol, and Barcelona; Lord of Biscay and of Molina, &c.
Whereas I have granted permission for the vessel called __________ of __________ tons, and carrying __________ Men and __________ Passengers; __________ Master and __________ Owner, both Spaniards and Subjects of My Crown, to proceed bound to the Ports of __________ and __________ Coast of Africa, from whence she is to return to __________, the said Master and Owner having previously taken the required oath before the Tribunal of Marine of the proper Naval Division from whence the said vessel sails, and legally proved that no Foreigner has any share in the above vessel and cargo, as appears by the certificate annexed to this passport; which certificate is given by the same Tribunal, in consequence of the steps taken in pursuance of the directions contained in the Ordnance of Matriculation of 1802.
The said __________ Captain, and __________ Owner of the said vessel being under an obligation to enter solely such ports on the Coast of Africa as are to the south of the Line; and to return from thence to any of the ports of My dominions, where alone they shall be permitted to land the Slaves whom they carry, after going through the proper forms, to shew that they have, in every respect, complied with the provisions of My Royal Decree of __________ 1817, by which the mode of conveying Slaves from the Coast of Africa to My Colonial Dominions is regulated; and should they fail in any of these conditions, they shall be liable to the penalties denounced by the said Decree against those who shall carry on the Slave Trade in an illicit manner.
I therefore command all General and other Officers commanding My squadrons and ships; the Captain Generals of the departments of Marine, the Military Commandants of the Provinces of the same, their Subalterns, Captains of the Ports, and all other Officers and persons belonging to the Navy; the Viceroys, Captain Generals or Commandants of Kingdoms and Provinces; the Governors, Mayors, and Justices of the Towns upon the sea coast of My Dominions of Indies; the Royal Officers or Judges of Entries therein established; and all others of My subjects to whom it belongs, or may belong, not to give her any obstruction, nor to occassion her any inconvenience or detention, but rather to aid her and to furnish her with whatever she may want for her regular navigation; and of the vassals and subjects of Kings, Princes, and Republics in friendship and alliance with Me; of the Commanders, Governors, or Chiefs of their Provinces, Fortresses, Squadrons, and Vessels, I require that they likewise shall not impede her in her free navigation, entry, departure, or detention in the ports to which, by any accident, she may be carried; but permit her to provide and supply herself therein with whatever she may be in need of, for which purpose I have commanded this passport to be made out, which, being signed for its validity by my Secretary of State for the Dispatch of Marine, shall serve for the time that a voyage, going and returning, may last; after the conclusion of which, it shall be returned to the Commandant of Marine, Governor or other person by whom it may have been issued; adding, for its proper use, the corresponding note.
Given at Madrid, on __________
I, THE KING.
(Here the Signature of the Secretary of State and of the Dispatch of Marine.)
Note. This passport, No. __________ authorizes any number of Slaves, not exceeding __________ being in the proportion of five Slaves for every two tons (as permitted by the Royal Decree of __________ 1817) excepting always such Slaves employed as sailors or domestics, and children born on board during the voyage; and the same is issued by me the undersigned __________ on the day of this date, made out in favour of __________ who has previously conformed with all the formalities required by the Royal Decree of __________ 1817, and is bound to return it immediately upon his return from the voyage.
Given at __________ on the __________ of __________ of the year __________
(Here the Signature of the Principal Marine Authority of the Naval Division, Station, Province, or Port from whence the vessel clears out.)
|HENRY WELLESLEY. (L.S.)||JOSE PIZARRO. (L.S.)|
Instructions for the British and Spanish Ships of War employed to prevent the illicit Traffic in Slaves
ARTICLE I. - EVERY British or Spanish ship of war shall, in conformity with Article IX. 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; and should any Slaves be found on board, according to the tenor of the Xth Article of the aforesaid Treaty; - and as to what regards the Spanish vessels, should there be ground to suspect that the said Slaves have been embarked on a part of the coast of Africa where the Traffic is no longer permitted, conformably to the Articles I. and II. of the Treaty of this date; in these cases alone, the Commander of the said ship of war may detain them; and having detained them, he is to bring them, as soon as possible, for judgment, before that of the two mixed Commissions appointed by the Xllth 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 Slave 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. - No Spanish merchantman or Slave ship shall, on any pretence whatever, be detained, which shall be found any where near the land or on the high seas, south of the Equator, during the period for which the Traffic is to remain lawful, according to the stipulations subsisting between the High Contracting Parties, unless after a chace that shall have commenced north of the Equator.
ARTICLE III. - Spanish vessels, furnished with a regular passport, having Slaves on board, shipped at those parts of the coast of Africa where the Trade is permitted to Spanish subjects, and which shall afterwards be found north of the Equator, shall not be detained by the ships of war of the two nations, though furnished with the present instructions, provided the same can account for their course, either in conformity with the practice of the Spanish navigation, by steering some degrees to the northward in search of fair winds, or for other legitimate causes, such as the dangers of the sea, duly proved; provided always, that, with regard to all Slave ships detained to the north of the Equator, after the expiration of the term allowed, the proof of the legality of the voyage is to be furnished by the vessel so detained. On the other hand, with respect to Slave ships detained to the south of the Equator, in conformity with the Stipulations of the preceding Article, the proof of the illegality of the voyage is to be exhibited by the captor.
It is in like manner stipulated, that the number of Slaves found on board a Slave ship by the cruizers, even should the number not agree with that contained in their passport, shall not be sufficient reason to justify the detention of the ship; but the Captain and the Proprietor shall be denounced in the Spanish Tribunals, in order to their being punished according to the laws of the country.
ARTICLE IV. - Every Spanish vessel intended to be employed in the legal Traffic in Slaves, in conformity with the principles laid down in the Treaty of this date, shall be commanded by a native Spaniard, and two-thirds, at least, of the crew shall likewise be Spaniards; provided always, that its Spanish or Foreign construction shall, in no wise, affect its nationality, and that the Negro sailors shall always be reckoned as Spaniards, provided they belong, as Slaves, to subjects of the Crown of Spain, or that they have been enfranchised in the dominions of His Catholic Majesty.
ARTICLE V. - Whenever a ship of war shall meet a merchantman liable to be searched, it shall be done in the most mild 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 Navy of Great Britain, or of Ensign of a ship of the line in the Spanish Navy.
ARTICLE VI. - The ships of war which may detain any Slave ship, in pursuance of the principles laid down in the present instructions, shall leave on board all the cargo of Negroes untouched, as well as the Captain and a part, at least, of the crew of the above-mentioned Slave ship; the Captain 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 Captain of the Slave 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 Commissions, 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 Commissions, 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 VII. - No conveyance of Slaves from one port in the Spanish possessions to another shall take place, except in ships provided with passports from the Government on the spot, ad hoc,
Done at Madrid the twenty-third day of September, in the year of our Lord one thousand eight hundred and seventeen.
|(L.S.) HENRY WELLESLEY.||(L.S.) JOSE PIZARRO.|
Regulations for the Mixed Commissions, which are to reside on the Coast of Africa, and in a Colonial Possession of His Catholic Majesty
ARTICLE I. - The Mixed Commissions to be established by the Treaty of this date, upon the Coast of Africa and in a Colonial Possession of His Catholic Majesty, are appointed to decide upon the legality of the detention of such Slave vessels as the cruizers of both nations shall detain, in pursuance of this same Treaty, for carrying on an illicit commerce in Slaves.
The above-mentioned Commissions shall judge, without appeal, according to the letter and spirit of the Treaty of this date.
The Commissions shall give sentence as summarily as possible, and they 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; second, in the case in which the captured vessel shall have been liberated, as to the indemnification which she 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 expense and risks of the delay, the Commissioners may, at their discretion, grant an additional delay, not exceeding four months.
ARTICLE II. -Each of the above-mentioned Mixed Commissions which are to reside on the coast of Africa, and in a Colonial Possession of His Catholic Majesty, shall be composed in the following manner:
The two High Contracting Parties shall each of them name a Commissary Judge, and a Commissioner of Arbitration, who shall he authorized to hear and to decide, without appeal, all cases of capture of Slave vessels which, in pursuance of the stipulations of the Treaty of this date, may be laid before them. All the essential parts of the proceedings carried on before these Mixed Commissions, shall be written down in the legal language of the country in which the Commission may reside.
The Commissary Judges and the Commissioners of Arbitration, shall make oath, in presence of the principal Magistrate of the place in which the Commission 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 Commission a Secretary or Registrar, appointed by the Sovereign of the country in which the Commission may reside, who shall register all its acts, and who, previous to his taking charge of his post, shall make oath, in presence of at least one of the Commissary Judges, 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 Commissary Judges of the two nations shall, in the first place, proceed to the examination of the papers of the vessel, and to receive the depositions on oath 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 if the said vessel has been justly detained or not, according to the stipulations of the Treaty of this date, and in order that, according to this judgment, it may be condemned or liberated. And in the event of the two Commissary Judges not agreeing on the sentence they ought to pronounce, whether as to the legality of the detention, or the indemnification to be allowed, or on any other question which might result from the stipulations of the Treaty of this date, they shall draw by lot the name of one of the two Commissioners of Arbitration, who, after having considered the documents of the process, shall consult with the above-mentioned Commissary Judges on the case in question, and the final sentence shall be pronounced conformably to the opinion of the majority of the above-mentioned Commissary Judges, and of the above-mentioned Commissioner of Arbitration.
ARTICLE IV. - As often as the cargo of Slaves found on board of a Spanish Slave ship, shall have been embarked on any point whatever of the coast of Africa where the Slave trade continues to be lawful, such Slave ship shall not be detained on pretext that the above-mentioned Slaves have been brought originally by land from any other part whatever of the Continent.
ARTICLE V. - In the authenticated declaration which the captor shall make before the Commission, 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 living on board of the Slave ship at the time of the detention.
ARTICLE VI. - As soon as sentence shall have been passed, the detained vessel, if liberated, and what remains of the cargo shall be restored to the proprietors, who may, before the same Commission, 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 defray, within the term of a year from the date of the sentence, the indemnifications which may be granted by the above-named Commission; it being understood that these indemnifications shall be at the expense of the Power of which the captor shall be a subject.
ARTICLE VII. - In case of the condemnation of a vessel for an unlawful voyage, 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 Commission a certificate of emancipation, and shall be delivered over to the Government on whose territory the Commission, which shall have so judged them, shall be established, 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 he respectively consigned to it.
ARTICLE VIII. - Every claim for compensation of losses occasioned to ships suspected of carrying on an illicit trade in Slaves, not condemned as lawful prize by the Mixed Commissions, shall be also heard and judged by the above-named Commissions, in the form provided by the Third Article of the present Regulation. And in all cases wherein restitution shall be so decreed, the Commission shall award to the claimant or claimants, or 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, in case of total loss, the claimant or claimants shall be indemnified, first for the ship, her tackle, apparel, and stores; secondly, for all freight due and payable; thirdly, for the value of the cargo of merchandize, if any; fourthly, for the Slaves on board at the time of detention, according to the computed value of such Slaves at the place of destination, deducting therefrom the usual fair average mortality for the unexpired period of the regular voyage; deducting also for all charges and expenses payable upon the sale of such cargoes, including commission of sale; and fifthly, for all other regular charges in such cases of total loss: and in all other cases not of total loss, the claimant or claimants shall be indemnified; first, for all special damages and expenses occasioned to the ship by the detention, and for loss of freight when due or payable; secondly, a demurrage, when due, according to the schedule annexed to the present Article; thirdly, a daily allowance for the subsistence of Slaves, of one shilling or four reals and half de Vn. for each person, without distinction of sex or age, for so many days as it shall appear to the Commission that the voyage has been, or may be delayed by reason of such detention; as likewise; fourthly, for any deterioration of cargo or Slaves; fifthly, for any diminution in the value of the cargo of Slaves, proceeding from an increased mortality beyond the average amount of the voyage, or from sickness occasioned by detention; this value to be ascertained by their computed price at the place of destination, as in the above case of total loss; sixthly, an allowance of five per cent, on the amount of the capital employed in the purchase and maintenance of cargo, for the period of delay occasioned by the detention; and seventhly, for all premium of insurance on additional risks.
The claimant or claimants shall likewise 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 award, excepting the sum for the subsistence of Slaves, which shall be paid at par, as above stipulated.
The two High Contracting Parties wishing 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 Commissary Judges of the two nations, and without having recourse to the decision of a Commissioner of Arbitration, 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.
|Schedule of demurrage or daily allowance for a vessel of|
|100 tons to 120 inclusive,||£5 per diem.|
|121 ditto - 150 ditto,||6|
|151 ditto - 170 ditto,||8|
|171 ditto - 200 ditto,||10|
|201 ditto - 220 ditto,||11|
|221 ditto - 250 ditto,||12|
|251 ditto - 270 ditto,||14|
|271 ditto - 300 ditto,||15|
|and so on in proportion.|
ARTICLE IX. - When the Proprietor of a ship, suspected of carrying on an illicit trade in Slaves, released in consequence of a sentence of one of the Mixed Commissions (or in the case, as above-mentioned, of total loss), shall claim indemnification for the loss of Slaves which he may have suffered, he shall in no case be entitled to claim for more than the number of Slaves which his vessel, by the Spanish laws, was authorised to carry, which number shall always be stated in his Passport.
ARTICLE X. - Neither the Judges, nor the Arbitrators, nor the Secretary of the Mixed Commissions 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 XI. - When the parties interested, shall imagine they have cause to complain of any evident injustice on the part of the Mixed Commissions, they may represent it to their respective Governments, who reserve to themselves the right of mutual correspondence for the purpose of removing, when they think fit, the individuals who may compose these Commissions.
ARTICLE XII. - In case of a vessel being improperly detained, under pretence of the stipulations of the Treaty of this date, and the captor not being enabled to justify himself, either by the tenour of the said Treaty, or of the Instructions annexed to it, the Government to which the detained vessel may, belong, 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 XIII. - The two High Contracting Parties have agreed, that, in the event of the death of one or more of the Commissary Judges, or the Commissioners of Arbitration, composing the above-mentioned Mixed Commissions, 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 Commission 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 Catholic Majesty, it is agreed, that, in case of the death of the British Judge or Arbitrator there, the remaining individuals of the said Commission shall proceed equally to the judgment of such Slave ships as may be brought before them, and to the execution of their sentence. In this case alone, however, the parties interested shall have the right of appealing from the sentence, if they think fit, to the Commission resident upon the Coast of Africa; and the Government to which the captor shall belong, shall be bound fully to make good the compensation which shall be due to them, in case the appeal be decided in favour of the claimants; but the vessel and cargo shall remain, during such appeal, in the place of residence of the first Commission before which they shall have been carried.
On the part of Spain, the vacancies shall be supplied, in the possession of His Catholic Majesty, by such persons of trust as the principal authority of the country shall appoint; and upon the coast of Africa, in case of the death of any Spanish Judge or Arbitrator, the Commission shall proceed to judgment in the same manner as above specified for the Commission resident in the possession of His Catholic Majesty, in the event of the death of the British Judge or Arbitrator; an appeal being, in this case likewise, allowed, to the Commission resident in the possession of His Catholic Majesty; and, in general, all the provisions of the former case being to be applied to the present.
The High Contracting Parties have agreed to supply, as soon as possible, the vacancies that may arise in the above-mentioned Commissions, from death or any other cause; and in case that the vacancy of any of the Spanish Commissioners in the British possessions, or of the British Commissioners in the Spanish possession, be not supplied at the end of the term of seven months for America, and of twelve for Africa, the vessels, which shall be brought to the said possessions respectively, shall cease to have the right of appeal above stipulated.
Done at Madrid, the twenty-third day of September, in the year of our Lord one thousand eight hundred and seventeen.
|HENRY WELLESLEY. (L.S.)||JOSE PIZARRO. (L.S.)|
Explanatory Article to the Treaty between His Majesty the King of the United Kingdom, of Great Britain and Ireland and His Majesty the King of the Spains, concluded and signed at Madrid September the Twenty third One thousand eight hundred and seventeen
Whereas it is stated in Article I. of the "Instructions intended for British and Spanish 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 put their Slaves momentarily on Shore, 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.
This explanatory Article shall have the same Force and Effect as if it were inserted Word for Word in the said Treaty, and shall be held to form Part of the same.
In Witness whereof the undersigned, furnished with full Powers to that Effect, have hereunto signed their Names, and affixed their Seals.
Done at Madrid, the Tenth Day of December One thousand eight hundred and twenty two.
(L. s.) William A'Court.
Additional Article to the Treaty between His Majesty the King of the United Kingdom of Great Britain and Ireland, and His Majesty the King of the Spains, signed at Madrid September the Twenty third One thousand eight hundred and seventeen
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 Commission sitting under the said Treaty, their Posts shall be supplied in the same Manner in which, by the Article 14. of the Regulations for the Mixed Commission, those Vacancies in the Commission are to be supplied which may occur by the Death of One or more of the Commissioners aforesaid.
This Article shall have the same Force and Effect as if it had been inserted Word for Word in the above mentioned Treaty, and shall be held to form Part of the same.
In Witness whereof the undersigned, duly furnished with full Powers to that Effect, have signed the present Additional Article, and have affixed thereunto the Seal of their Arms.
Done at Madrid, the Tenth Day of December One thousand eight hundred and twenty two.
(L.S.) William A'Court.
Declaration explanatory of the Additional Article between Great Britain and Spain, signed at Madrid December Tenth One thousand eight hundred and twenty two
Whereas in the additional Article to the Treaty for preventing an illegal Commerce in Slaves, signed at Madrid the Tenth December One thousand eight hundred and twenty two, a Reference is made by a Mistake of the Copyist to the Fourteenth instead of the Thirteenth Article of the Regulations for the Mixed Commissions: We the undersigned, fully authorized to that Effect, do hereby agree and declare, that the Reference aforesaid shall be considered as applying to the Thirteenth Article, according to the evident Intention of the High Contracting Parties.
Done at Madrid, this Second Day of February One thousand eight hundred and twenty four.
(L.S.) William A'Court.
(L.S.) El Conde De Ofalia.