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inhuman treatment which the Negroes experience on their passage from the Ports of Africa to those of Brazil, the barbarity and sordid avarice of many of the Masters of the Vessels who convey them, being carried to the extreme, and who, misled by the fatal ambition of getting freights and more profit, overload the Ships, by admitting a much greater number of Negroes than can be conveniently stowed, standing in need of necessary food for their subsistence, not only in quantity, but also in quality, inasmuch as they give them such damaged and corrupted provisions as turn out most to account; and as the result of so abominable a traffic, which cannot be thought of without horror and indignation, is sickness, which for want of being cured and of proper treatment, turns to epidemic and mortal diseases, as experience has unfortunately proved; and as my constant and natural sentiments of humanity and beneficence cannot tolerate the continuance of such acts of barbarity, committed under a manifest violation of Divine and natural rights, and of the Royal dispositions of the Kings my august Progenitors, according to the Decrees of the 18th March, 1684, and the Act passed on the 1st July, 1730, which I order to be observed in all such parts as shall not be annulled in this my present Decree, or substituted by other dispositions more conformable to the present state of things, and to the advancement and perfection to which physical knowledge and the new chemical discoveries have arrived, particularly as far as regards the important object of public health; I have, in consequence thereof, been pleased to determine and pronounce the following provisions, to be inviolably observed and fulfilled.

I. As it is necessary for the health and lives of the Negroes who are conveyed from the Ports of Africa to those of this State of Brazil, that they should have during the passage sufficient room to lie in, and enjoy that ease which is indispensable for the preservation thereof, the dimensions of the space necessary for that purpose, not being dependant on the arbitrary or capricious notions of the Masters of the Vessels; under all these considerations, I have deemed fit to determine, conforming myself to the measures which other enlightened States have adopted respecting this subject, and which constant experience has manifested to appertain to the ends which I purpose; that Ships employed in the conveyance of Negroes shall not receive a greater number than their quota, according to the proportion of 5 Negroes for every 2 tons, which proportion is only to take place for the quantity of 201 tons, and for the additional tonnage beside the 201 above expressed, I permit them to ship one Negro only for each additional ton.

And, in order to prevent the frauds that may be practised by conveying a greater number of Individuals than those regulated by the established Orders, and also to be cautious of the liquidation of my [1812-14.] 3 R

Royal Duties, and of the frauds practised by some Masters of Vessels who convey Negroes for their own account, and that of private Individuals, and are accustomed to supply the deficiency of their own Negroes when it proceeds from sickness or any other misfortune, by availing themselves of the Negroes of other Owners, and wickedly and fraudulently making them suffer the loss which ought only to attach to the said Masters; I order that each Ship shall have a Cargo-book, arranged in the same manner as those made use of for goods: that in the left margin of the Book there be specified the number of Africans embarked, denominating their sex, declaring whether they are Adults or Children, to whom they are consigned, and enumerating the distinctive mark which denotes him or her; and in the column or margin on the right, that a description of the Individual who may die be given, stating his or her quality, mark, and consignee. And inasmuch as it is highly repugnant to the sentiments of humanity that such marks should be permitted to be made with hot iron; I order that such a barbarous invention shall not be practised in future, substituting in lieu thereof a handcuff or collar, whereon is to be engraved their mark, to serve as a distinction; those who contravene this part being subject to the penalty set forth in the Ordinance, book the 5th, title 36, paragraph 1, in the beginning thereof. And for the due legality of the above-mentioned particulars, I order that the Book in which they are made be certified by the Judge of the Custom House, or whomsoever may officiate in his stead, in the Port from whence the Vessel may depart, the Masters immediately on their entering any of the Ports of this State of Brazil being required to produce this Book for the inspection of the Authorities whom I may appoint for that purpose; and should it happen that, in violation of what I have determined, a greater number of Slaves be introduced on board than that established, in such event the Transgressors will incur the penalties set forth in the Act of the 1st July, 1730, which I order to be observed in that part as is therein contained. And in order that it may legally appear if this my Royal determination be observed or not, I order that Vessels employed in this kind of conveyance shall be visited at the time of departure from the Port in which they have been laden, and at that where they may arrive to which they are destined, by the respective Judges of the Custom House, Intendency, or such other Authority as I may think fit to appoint for that purpose.

II. And as the assistance of a skilful Surgeon is likewise essentially necessary for the preservation of health, and the attendance on and cure of diseases, I order that all Vessels destined for the conveyance of Negroes shall carry an expert Surgeon, without whom they shall not be permitted to depart. And as it is proper to reward those who by their skill, attention, aud humanity, may contribute to the preservation of health, and the cure and re-establishment of the

Negroes that may be conveyed to the Ports of Brazil, I have been pleased to determine, that should it happen that the number of those who die in the passage from the Ports of Africa to those of Brazil do not exceed 2 in 100, in that event the Master of the Vessel is to receive, as a remuneration, 240 mil-reis, and the Surgeon 120; and should the number of those who die exceed 3 per hundred, there shall be allowed to the Master and Surgeon one half part of the remuneration above stated, to be paid out of the coffers of the Board of Health; and in the event of the number of Persons who die being to such a degree as to create suspicion of neglect in the execution of the Regulations for the salubrity of the Passengers or the cure of the Sick, I order the Judge in the Criminal Department, to whom the lists of mortality of every Vessel are to be produced, to proceed to a minute examination of Witnesses; in order that those, whom it may be proved shall have violated my Royal Orders, relative to the completion of the obligations required of them in so important an affair, be punished.

III. For the better and more regular treatment of the Invalids, and in order to guard against the infection of disease, which for want of necessary precaution, may turn to epidemic or still more grievous distempers, by a neglect in the necessary treatment, cleanliness, and supply of proper food, I order that in the forecastle, or in any part of the Ship that may be deemed more convenient, an infirmary be established, in which the Sick are to be admitted, there to be treated in the manner directed to be observed on board Ships of War; and it not being possible that the care and attention of the Sick can be entrusted to Persons who, being employed in other services, cannot attend to the infirmary with that assiduity which is requisite, I order, in compliance with the 10th chapter of the Law of the 18th of March, 1684, that there be appointed 2, 3, or more Persons, according to the number of the Sick, who are to be occupied in attending on them, and for that purpose excluded from all and every

other service.

IV. And also, to provide against the introduction of diseases on board, I order that no one be permitted to embark who may labour under any contagious distemper, for which purpose the proper examinations ought to be made by the Persons appointed by the principal Physician of the Kingdom, where there is one, (to be professional Men,) by the Surgeon or Physician who may be in the Port of shipment, or by the Surgeon of the Vessel.

V. As it is materially conducive to the preservation and existence of the Individuals who are exported from the Ports of Africa, that the food which Masters of Vessels ought to furnish to the Crew and Passengers should be of a good quality, and that in the distribution thereof a sufficient quantity be given to each Individual: I order that

the provisions which the Masters propose to take in, shall be first approved of and examined on shore in the presence of the Person appointed by the Chief Physician of the Kingdom, should there be any, or by such Physician or Surgeon as there may be in the Port of shipment, or by the Surgeon of the Ship, and on the provisions being approved of, as well in the quality as in the quantity, the competent Licence shall be required from the Governor for shipping the same; for which examination, searches, and licences, the Masters are not to pay any fees whatever; and as it is repugnant to the feelings of humanity, that even the slightest variation or negligence should be exercised and tolerated, and more particularly in order that any neglect in the approval of provisions should be punished, which very frequently proceeds from mercenary views, bribery, or from a prospect of illegal gains, by admitting such as ought to be rejected as hurtful : I positively order the General Governors and Captains, and the Governors, or such as may represent them, not to grant Licence for such provi sions to be laden, on its appearing that the approval thereof was not. given with due sincerity, but on the contrary, they shall proceed to a fresh examination, informing me of the result, that the Transgressors may be punished according to Law; and I particularly recommend the Governors to be present as often as their occupations will admit of it, at such examinations and researches, so as that the Subalterns may be more exact and punctual in the performance of their duty, in the execution whereof humanity is so much concerned, as well as the benefit of my Royal service.

VI. Although French beans may be the principal food furnished to Africans on board Vessels, it having been ascertained by experience that they decline and reject the same, the first days of their voyage being over it is proper it should be varied, giving them a portion of rice at least once a week, and mixing the French beans with the Indian corn, which aliment the Negroes prefer to any other, excepting mandoby, to which they always give the preference, and therefore ought to be supplied with the same, providing for them a sufficient quantity of fish and dried meat likewise of good quality, for the cookery whereof iron cauldrons shall be used instead of copper ones, the latter being disallowed.

VII. A want of sufficiency of water being the greatest misfortune to experience, and especially on board of Ships overladen with Passengers, whilst they cannot get clear of the scorching heat of the Coasts of Africa, and it having been ascertained that from such a deficiency there usually results the diseases and death of a great number of Negroes, victims of the inhumanity and avarice of Masters of Vessels: I order that the water shall be regulated at the rate of 2 cauadas per head per day for drinking and cooking, calculating the voyages from the Ports of Angola, Benguela, and Cabindo, to this of Rio de Janeiro,

at 50 days; from the same Ports to the Bahia and Pernambuco at 35 to 40 days; and 3 months when the Ship comes from Mosambique ; and out of the said allowance of water, each Individual is to be furnished indiscriminately with 1 canada per day for drink, as follows: half a canada at dinner, and half a canada at supper; and being desirous that in future the barbarity made use of in the distribution of the water be not exercised, the cruelty having arrived to such a pitch as to strike those who, being most afflicted by thirst, came eagerly to satisfy themselves: I order that, retaining the established practice for provisioning the Negroes, they being divided into messes of 10 each, there be furnished alike to each mess such quantity of water as may be required, at the rate of half a canada per head at dinner, and at supper supplying each mess with a vase of Madeira or Cassengos, containing 5 canadas of water.

VIII. As the preservation of the water, as well of the quantity as of the quality, depends on the vessels, pipes or tuns, being perfectly secured, and fastened, and quite clean; I order that there be not admitted for containing the water, anything that shall not have those requisites, excluding all such as may as have served for wine, vinegar, brandy, or any other use, that may contribute to the corruption of the water and in the examination of the state of such vessels I order that the most rigorous investigation take place.

IX. Experience having proved that on the greatest care and vigilance, in the cleanliness and uncorruptedness of the Vessels, and of the frequent readmission of the air, the preservation of the Mariners depends, and even the personal interest of the Owners of Ships; therefore, and in order that they may not receive freight for the conveyance of the Negroes who die in the voyage from the Eastern Coast to the Ports of this Continent: I order that no Ships destined for the conveyance of Negroes shall depart from the Ports of my Dominions on the Coast of Africa, without an examination being previously made as to her cleanliness, refusing to grant the competent Licences for departure to such as shall not be in a fit state to receive them; and a similar examination is to take place in the Ports where the Ship or Vessel may unload, those Captains who convey to the Ports of the Brazil, Negroes from other Ports, being subject to a like examination, and on non compliance with the regulations ordered in this Decree, they will be subject to the penalties herein specified as far as relates to Transgressors.

X. The Captain or Master of the Ship is to be particularly careful in often renovating the air by means of ventilators which he shall be obliged to carry for that purpose, and the Master or Captain of the Ship or Vessel is likewise to cause the Negroes on board to be brought on the quarter deck in the morning and afternoon, in order to breathe the free air, providing them in the morning of every foggy

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