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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.

4. As often as the Cargo of Slaves found on board of a Portuguese Slave Ship shall have been embarked on any Point whatever of the Coast of Africa, where the Slave Trade continues lawful to the Subjects of the Crown of Portugal, 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.

5. 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 Piace 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.

6. 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 expence of the Power of which the Captor shall be a Subject.

7. 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 be respectively consigned to it.

8. 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 3rd 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 Attorneys, for his or their use, a just and complete Indemnifica tion: First, for all Costs of Suit, and for all losses and damages which the Claimant or Claimants may have actually sustained by such Capture and Deention; that is to say, in case of total loss, the Claimant or Claimants sha!!

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 there from the usual fair average mortality for the unexpired period of the regular Voyage; deducting also for all charges and expences payable upon the Sale of such Cargoes, including Commission of Sale when payable at such Port; and, Fifthly, for all other regular charges in 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 expences 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 180 Reis 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 5 per Cent. on the amount of 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 5 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 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 Additional Convention 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 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

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9. When the Proprietors 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 was by the Portuguese Laws authorized to carry, which number shall always be declared in his Passport.

10. The Mixed Commission established in London by Article 9 of the Convention of this Date, shall hear and determine all Claims for Por tuguese Ships and Cargoes captured by British Cruizers on account of the unlawful trading in Slaves, since the 1st of June, 1814, till the period when the Convention of this Date is to be in complete execution, awarding to them, conformably to Article 9 of the Additional Convention of this Date, a just and complete compensation, upon the Basis laid down in the preceding Article, either for total Loss, or for Losses and Damages sustained by the Owners and Proprietors of the said Ships and Cargoes. The said Commission established in London shall be composed and proceed exactly upon the same Basis determined in the Articles 1, 2, and 3, of the present Regu lations for the Commissions established on the Coast of Africa and the Brazils.

11. It shall not be permitted to any of the Commissary Judges, nor to the Arbitrators, nor to the Secretary of any of the Mixed Commissions, to demand or receive, from any one 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.

12. 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 removing, when they think fit, the Individuals who may compose these Commissions.

13. In the case of a Vessel detained unjustly, under pretence of the Stipulations of the Additional Convention of this date, and in which the Captor should neither be authorized by the tenor of the above-mentioned Convention, nor 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 the subject of complaint to be fully examined, 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.

14. The Two High Contracting Parties have agreed, that in the event of the Death of One or more of the Commissioners, Judges, and Arbitrators, 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 Place, and by the Secretary; and in the Brazils by the British Consul and Vice-Consul resident in the City in which the Mixed Commission may be established.

On the part of Portugal, the Vacancies shall be supplied, in the Braziu, by such Persons as the Captain-General of the Province shall name for that purpose; and, considering the difficulty which the Portuguese Government

would feel, in naming fit Persons to fill the Posts which might become vacant in the Commission established in the British Possessions, it is agreed, that in case of the death of the Portuguese Commissioners, Judge, or Arbi. trators in those Possessions, the remaining Individuals of the above-mentioned Commission shall be equally authorized to proceed 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 in the Brazils; and the Government to which the Captor shall belong shall be bound fully to defray the Indemnification which shall be due to them, if the Appeal be judged in favour of the Claimants; it being well understood that the Ship and Cargo shall remain during this Appeal in the Place of Residence of the first Commission before whom they may have been conducted.

The High Contracting Parties have agreed to supply, as soon as possible, every Vacancy that may arise in the above-mentioned Commissions, from death or any other contingency. And in case that the Vacancy of each of the Portuguese Commissioners residing in the British Possesions be not supplied at the end of 6 months, the Vessels which are taken there to be judged, after the expiration of that time, shall no longer have the Right of Appeal herein-before stipulated.

Done at London, the 28th of July, 1817. (L.8.) CASTLEREAGH,

(L.S.) CONDE DE PALMELLA. Separate Article.-As soon as the total Abolition of the Slave Trade for the Subjects of the Crown of Portugal shall have taken place, the Two High Contracting Parties hereby agree, by common consent, to adapt to that state of circumstances, the Stipulations of the Additional Convention concluded at London the 28th of July last; but in default of such alterations, the Additional Convention of that Date shall remain in force until the expiration of 15 years from the day on which the general Abolition of the Slave Trade shall so take place on the part of the Portuguese Government.

The present Separate Article shall have the same force and validity as if it were inserted, word for word, in the Additional Convention aforesaid. It shall be ratified, and the Ratifications shall be exchanged as soon as possible. In Witness whereof the respective Plenipotentiaries have signed the same, and have thereunto affixed the Seals of their Arms.

Done at London, this 11th of September, 1817.



Declaration, signed the 3d of April, 1819, touching Molembo and Cabinda, as described in the Convention of the 28th July, 1817, between His Majesty and His Most Faithful Majesty.

WHEREAS a Convention, having for its object the Prevention of the illicit Traffick in Slaves, was concluded between His Britannic Majesty and His Most Faithful Majesty, and signed at London on the 28th of July, 1817:

And whereas by the 2d Article of that Convention, the Traffick in Slaves was declared still to be permitted to Portuguese Subjects, only within certain Territories therein described. And whereas the Territories of Molembo and Cabinda are described by that Article to be on the Eastern Coast

of Africa; and whereas this Description is evidently a verbal mistake, the said Territories of Molembo and Cabinda lying in fact upon the Western and not upon the Eastern Coast of Africa :—

It is hereby declared by the Undersigned, that the word "Eastern," in that part of the Second Article above alluded to, shall be held to be annulled, and the word “Western," to stand in its place; and the latter part of the Article in question shall accordingly be held to run thus:

"The Territories of Molembo and Cabinda upon the Western Coast of “ Africa, from the 5th degree 12 minutes to the 8th degree South Latitude." It was further agreed between the Undersigned, that the present Decla ration shall be considered as an integral part of the said Convention.

In Witness and in Faith of the above, the Undersigned, His Britannic Majesty's Secretary of State for Foreign Affairs, and His Most Faithful Majesty's Envoy Extraordinary and Minister Plenipotentiary at the Court of St. James's, have hereunto set their Hands and Seals, at London, this 3d of April, 1819. (L.S.) CASTLEREAGH.


MEM.-Here follow the " Additional Articles to the Convention between His Britannic Majesty and His Most Faithful Majesty, of the 28th of July, 1817; Signed at Lisbon, 15th of March, 1823."

TREATY between His Britannic Majesty and His Catholic Majesty for preventing Their Subjects from engaging in any illicit Traffick 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 of July, 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 "Traffick 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, "over, to prohibit His Subjects from carrying on the Slave Trade, for the "purpose of supplying any Islands or Possessions, excepting those apper taining 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 Traffick, whether Subjects of His Britannic Majesty, or e any other State or Power."


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And His Catholic Majesty, conformably to the spirit of this Article, and to the principles of humanity with which He is animated, having never last 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 Mr jesty in the cause of humanity, by adopting, in concert with His said Ma jesty, efficacious means for bringing about the Abolition of the Slave Trade * See page 2 .

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