the captured vessel, to the Hanseatic Authorities, as hereinafter directed. OF ADJUDI- In the event of your detaining a Hanseatic vessel, you must CONDUCTING without delay either carry her in for trial yourself, or send her TO THE PORT in charge of an Officer not below the rank of Lieutenant in the Navy; and in the latter case that Officer must be provided with copies, certified by the Commander, of the Warrant and Special SupplemenOrder authorizing him to carry the Conventions into effect, and tion; Art. I. of the certificate contained in Form No. 1, if the vessel has been Instructions searched by you, or in Form No. 2, if she has been searched by an Officer under your command. tary Conven to Cruizers, Sect. 3. Lubeck vessels detained under these Conventions shall be convention conducted or sent to Travemunde. Bremen vessels to Bremerhaven. Hamburgh vessels to Cuxhaven. If however the navigation of the Baltic should be interrupted or impracticable, Lubeck vessels detained as above mentioned may be delivered up at Bremerhaven or Cuxhaven. with the Hanse Towns ; Art. II. Do. Slaves found on board a Hanseatic vessel shall be landed at Do. Art. III. that one of the four undermentioned ports which shall be nearest Do. to the place of capture, namely, Bathurst on the Gambia: Port Royal in Jamaica: the Cape of Good Hope: or Demerara. The Officer in charge of the detained vessel shall deliver up Do. the Slaves to the order of the Governor of the colony, taking from the person who shall receive them a receipt in duplicate. Do. Do. No part of the Slaves found on board a Hanseatic vessel are Do. to be removed from her until after her arrival at one of the above ports, excepting only where the removal of the whole or of part Instructions of them shall be deemed necessary, either for the preservation of to Cruizers, their lives, or for any other consideration of humanity. Sect. 4. Sect. 4. No other person whatever is to be taken out of the detained Instructions vessel; nor is any part of her cargo to be removed from her to Cruizers, until after such vessel shall have been delivered over to the Hanseatic Authorities, excepting only when the removal of the whole or of part of the crew shall be deemed necessary, either for the preservation of their lives, or for any other consideration of humanity, or for the safety of the persons charged with the navigation of the vessel. Sect. 4. If any removals shall have taken place in either of the above- Instructions mentioned cases, you or the Officer appointed to bring in the to Cruizers, detained vessel, as the case may be, will make a declaration thereof, according to Form No. 3, in which the reasons for the Form No. 3. same are to be specified. If Slaves have been so removed they must be immediately conducted to one of the four ports already named for that purpose; if the Master, Officers, sailors or passengers, have been removed, they must be conducted immediately to the same port as the vessel and its cargo. The Officer bringing in a detained vessel to one o the places PROCEEDINGS CATION. AT THE PORT above mentioned, will forthwith apply to the Governor or acting OF ADJUDI- Governor to indicate the Authorities duly appointed to receive the vessel, and upon such information reaching him, he will lose Instructions no time in delivering over to the person appointed, the vessel to Cruizers, and her cargo, together with all the persons found on board her, the Slaves being previously landed according to the Convention. He is at the same time to deliver to the proper Authorities, in order to be produced before the Court on trial, Sect. 6. Instructions to Cruizers, Sect. 6. Form No. 8. Instructions to Cruizers, Section 6. First. Duplicate list of papers which shall at any time have been found on board the vessel, drawn up at the time of seizure, according to Form No. 8. Secondly. Duplicate of the authenticated declaration, drawn up also at the time of the seizure, according to Form No. 9; and Form No. 9. the Officer in charge will add thereto a statement of any changes which may have taken place since the time of detention. Thirdly. If any removal of the crew or Slaves shall have taken place, as mentioned in the Instructions to Cruizers, Section 4, he will deliver in to the Court the declaration of such removal, Form No. 3. according to Form No. 3. Fourthly. An affidavit, to which all the ship's papers, together with all other documents and letters at any time found on board, must be annexed. This affidavit must verify the papers, and must also attest the truth of the three preceding documents: Form No. 10. Form No. 10 is to be used for this purpose, unless there should be a different Form prescribed by the Court. Supplemen tary Conven- Supplemen tion; Art. VIII. Fifthly. A duplicate of the receipt for all Slaves landed. The Officer in charge of the vessel will reserve, to be produced on demand of the Court, the other documents with which he will have been furnished, namely: 1. Copies of the Warrant and Special Order to carry the Treaty into effect. 2. Copy of the certificate No. 1 or 2, as the case may have been, delivered to the Master before making the search. After the proper documents have been delivered to the Authorities, the Conventions require them to proceed to a survey of the detained vessel and her cargo, and to an inspection of her crew, previously giving notice of the time of such survey to the Officer who shall have brought in the vessel, in order that he, or some person in his behalf, may be present thereat. A detailed statement of these proceedings is to be drawn up in duplicate, signed by the persons who shall have acted therein, or been present at the same, and one of the said statements is to be delivered to the Officer who shall have brought in the detained vessel. The Officer in charge will render every assistance in his power to the Hanseatic Authorities, for the complete and effectual investigation of the case. When a Hanseatic merchant-vessel shall have been searched tary Conven- and detained illegally, or without sufficient cause of suspicion, or when the search and detention shall have been attended with any abuse of authority, or vexatious acts, the Officer in fault will be liable to pay costs and damages to the Master and to the Owners of the vessel and cargo. These costs and damages may be awarded by the Tribunal before which the proceedings shall have been instituted. 1831; You will not fail to afford to the Commanders of Hanseatic Convention ships of war, cordial assistance in all circumstances in which it of Nov. 30), may be useful that you should act in concert under these Con- Art. V. ventions; in all your proceedings, both on board and on shore, you will conduct yourself with the greatest forbearance and courtesy; and in all your communications with Hanseatic Authorities, will treat them with respect and consideration, and carefully avoid giving any just ground of offence. If on any occasion of searching or detaining a Hanseatic vessel, a Hanseatic ship of war should make her appearance, and her Commander should desire to take charge of the vessel, you will readily give her up. 1831; You will be furnished with particular signals, to be used Convention upon occasion of meeting with Hanseatic ships of war also of Nov. 30, authorized to act under these Conventions, which signals are not to be made known to any ship not employed upon this service. All Hanseatic ships of war duly authorized under these Conventions have the same right of search and detention with respect to British merchant-vessels suspected of being engaged in Slave Trade, as may be exercised by Her Majesty's ships so authorized with respect to Hanseatic merchant-vessels. France is a party to this Convention, and, as regards the Hanse Towns, is entitled to the same rights and subject to the same obligations as Great Britain. Given under our hands, this 12th day of June, 1844. Art. VIII. G. COCKBURN. W. H. GAGE. By command of their Lordships, SIDNEY HERBERT. [Forms 1, 2, 3, 8, 9, 10, apply to this Convention.] 10. TUSCANY. Instructions for Commanders of Her Majesty's Ships authorized By the Commissioners for executing the Office of Lord High By the Convention of the 24th of November, 1837, between Ratifications Great Britain, France, and Tuscany, the Grand Duke of Tuscany, subject to modifications hereinafter set forth, acceded to the Con- 1838. exchanged › March 2, with Tus Convention vention of the 30th November, 1831, and the Supplementary Convention of the 22nd March, 1833, between Great Britain and France, and to the Annex to the latter Convention, containing Instructions to Cruizers. cany; Art. I. AUTHORITY TO ACT UNDER THE Convention of Nov. 30, Do Do. VISIT AND SEARCH. Instructions Your conduct in suppressing Slave Trade carried on in Tuscan vessels, must be governed and regulated by these three Conventions and the Instructions to Cruizers. The following Instructions are framed in conformity with these documents, for the purpose of distinctly pointing out the course which you are to pursue in carrying the same into effect. The right of searching Tuscan merchant-vessels is to be exercised only by British ships of war whose Commanders have the rank of Captain, or at least that of Lieutenant in the Navy, and who are duly provided with a special authority from each of the two Governments, namely, a Warrant from the Tuscan Government and a Special Order from the Admiralty; but when furnished with these documents, they are authorized to visit, search, and detain, under the conditions prescribed by the Conventions, any Tuscan merchant-vessel which, upon reasonable grounds, may be suspected of being engaged in the Slave Trade. The authority to visit and search must be exercised under the following restrictions and regulations: First. Search is to be made only by you, or, if not made by to Cruizers, you, by an Officer of your ship, not under the rank of Lieutenant in the Navy. Sect. 1. Convention of Nov. 30, 1831; Art. VIII. Do. Art. I. Secondly. In no case can the Right of Search be exercised on ships of war. Thirdly. The Right of Search can be exercised only within the waters hereinafter described, namely:: 1. Along the western coast of Africa from Cape Verd to the distance of ten degrees south of the Equator; that is to say, from the 15th degree of North latitude to the 10th degree of 27° 40 W. of South latitude, and as far as the 30th degree of West longitude Greenwich. reckoned from the meridian of Paris. Instructions 2. All round the Island of Madagascar to the extent of about twenty leagues from that island. 3. To the same distance from the coasts of the Island of Cuba. 4. To the same distance from the coasts of the Island of Porto Rico. 5. To the same distance from the coasts of Brazil. A suspected vessel descried and begun to be chased by you within the said space of twenty leagues, may be searched by you beyond those limits, if, without having lost sight of the suspected vessel, you should succeed in coming up with her though at a greater distance from the coast. Fourthly. If you should have reason to suspect that a Tuscan to Cruizers, merchant-vessel sailing under convoy of or in company with a Sect. 7. Tuscan ship of war, is engaged in Slave Trade, or has been fitted out for that traffic, you are to confine yourself to communicating your suspicions to the Commander of the convoy, or of the ship of war in company, and to leave it to the Tuscan Officer to proceed alone to visit the suspected vessel and to deliver her up, if the case require it, to the jurisdiction of her own country. If the Commander of the convoy omit to fulfil the conditions of the Conventions, you have no authority to take any further steps. Should the Commander of a Tuscan ship of war duly authorized to act under the Conventions, declare to you, that he suspects any British vessel under your convoy, or in company, to be engaged in the Slave Trade, or to have been fitted out for that traffic, you are to proceed alone to visit the suspected vessel and make the strictest investigation into the circumstances, and if the case require it, you will seize her and send her in for trial before a British tribunal. any British or A full report of the circumstances relating to The following Article requires particular attention: 1831; Art. VI. Whenever a Tuscan vessel is visited by you, you are imme- Convention diately on coming on board, and before you begin the search, to of Nov. 30, exhibit to her Master the documents which confer on you the Instructions Right of Search, namely, the Warrant from the Tuscan Govern- to Cruizers, ment, and the Special Order from the Admiralty; and you are to deliver to the Master a certificate, signed by yourself, according to Form No. 1, furnished herewith. Sect. 1. Form No. 1. Sect. 1. When the visit is made by an Officer under your command, Instructions such Officer is to exhibit to the Master of the Tuscan vessel to Cruizers, copies of the above-mentioned Warrant and Special Order, signed by you, and he is then to deliver a certificate signed by himself, according to Form No. 2. Form No. 2. of Nov. 30, 1831; Art. VI. Should it appear that the papers of the vessel are regular, Convention and her proceedings lawful, the Officer is to certify on the logbook of the vessel that the examination took place only in virtue Instructions of the special authority above mentioned; and these formalities to Cruizers, having been completed, the vessel is to be at liberty to pursue her voyage. Sect. 1. It will be your duty, when duly authorized under this Conven- DETENTION. tion, to seize any Tuscan vessel found where search is permitted, whenever it shall appear,― Sect. 2. First. That Slaves are on board contrary to the Conventions. Instructions Secondly. That the vessel is engaged in the Slave Trade. to Cruizers, Thirdly. That the vessel has on board any of the fittings or equipments mentioned in Article VI of the Supplementary Con- Supplemenvention with France, excepting in the particular cases wherein tion; Art. VI. tary Conven |