liberated by Sentence of the Mixed Courts of Justice, have been drawn up, and are declared to form an integral Part of this Treaty; the Two High Contracting Parties reserve to themselves the Right to alter or suspend, by common Consent and mutual Agreement, but not otherwise, the Terms and Tenor of such Regu⚫lations.

ARTICLE XIII.-The Acts or Instruments annexed to this Treaty, and which it is mutually agreed shall form an integral Part thereof, are as follows:

(A.) Instructions for the Ships of the Navies of both Nations destined to prevent the Traffic in Slaves.

(B.) Regulations for the Mixed Courts of Justice, which are to hold their Sittings on the Coast of Africa, and in one of the Possessions of the Republic of • Bolivia.

(C.) Regulations as to the Treatment of liberated Negroes.

ARTICLE XIV.-The present Treaty, consisting of Fourteen Articles, shall be ratified, and the Ratifications thereof exchanged at London, as soon as possible within the Space of Twenty Months from this Date.

In witness whereof, the respective Plenipotentiaries have signed, in triplicate Originals, English and Spanish, the present Treaty, and have thereunto affixed the Seal of their Arms.

Done at Sucre, the Twenty-fifth Day of September in the Year of our Lord One thousand eight hundred and forty.

(L.S.)

(L.S.)

Belford Hinton Wilson.
Jose Ma Linares.

ANNEX (A.)

To the TREATY between GREAT BRITAIN and the REPUBLIC ' of BOLIVIA, for the ABOLITION of the SLAVE TRADE of the REPUBLIC of BOLIVIA.

"Instructions for the Ships of the British and Bolivian Navies employed to prevent the Traffic in Slaves.

• ARTICLE I.—The Commander of any Ship belonging to the Navy of Her Britannic Majesty or of the Republic of Bolivia, which shall be furnished with these Instructions, shall have a Right to visit, search, and detain 6 any British or Bolivian Merchant Vessel which shall be actually engaged or which shall be suspected to be en

⚫gaged

gaged in the Slave Trade, or to be fitted out for the Purposes thereof, or to have been engaged in the Traffic in Slaves during the Voyage in which she may be met ⚫ with by such Ship of the British or Bolivian Navy; and such Commander shall thereupon bring or send such Merchant Vessel as soon as possible for Judgment before that one of the Two Mixed Courts of Justice, established • in virtue of Article VII. of the said Treaty, which shall be the nearest to the Place of Detention, or which such • Commander shall upon his own Responsibility think can 'be soonest reached from such Place.

ARTICLE II.-Whenever a Ship of either of the said Navies, duly authorized as aforesaid, shall meet a Merchantman liable to be visited under the Provisions of the said Treaty, the Search shall be conducted in the 'mildest Manner, and with every Attention which ought 'to be observed between allied and friendly Nations; and the Search shall in all Cases be made by an Officer holding a Rank not lower than that of Lieutenant in the Navy of Great Britain or of the Republic of Bolivia respectively (unless the Command shall, by reason of Death or otherwise, be held by an Officer of inferior Rank), or by the Officer who at the Time shall be second in Command of the Ship by which such Search is made.

• ARTICLE III.-The Commander of any Ship of the Two Navies, duly authorized as aforesaid, who may detain any Merchant Vessel in pursuance of the Tenor of the present Instructions, shall leave on board the Vessel so detained the Master, the Mate, or Boatswain, and Two or Three at least of the Crew thereof, the whole of the Slaves, if any, and all the Cargo.

The Captor shall at the Time of Detention draw up in Writing an authentic Declaration which shall exhibit the State in which he found the detained Vessel, such Declaration to be signed by himself, and to be given in or sent together with the captured Vessel to the Mixed Court of Justice before which such Vessel shall be carried or sent for Adjudication.

He shall deliver to the Master of the detained Vessel a certified List of the Papers seized on board the same, " as well as of the Number of Slaves found on board at the Moment of Detention.

In the authenticated Declaration which the Captor is hereby required to make, as well as in the certified List of the Papers seized, he shall insert his own Name, the Name of the capturing Ship, the Latitude and Longitude of the Place where the Detention shall have taken place, and the Number of Slaves found on board 'the Vessel at the Time of the Detention.

• The

The Officer in charge of the Vessel detained shall, at the Time of his bringing the Vessel's Papers into the • Mixed Court of Justice, deliver into the Court a Paper, signed by himself, and verified on Oath, stating any Changes which may have taken place in respect to the Vessel, her Crew, the Slaves (if any), and her Cargo, between the Period of her Detention and the Time of delivering in such Paper.

ARTICLE IV.-The Slaves shall not be disembarked 'till after the Vessel which contains them shall have arrived at the Place of Adjudication, in order that in the event ⚫ of the Vessel not being adjudged legal Prize the Loss of the Proprietors may be more easily repaired; and even after the Slaves have arrived at such Place they are not to be landed without the Permission of the Mixed Court ' of Justice.

But if urgent Reasons, deduced from the Length of the Voyage, from the State of Health of the Slaves, or 'from other Causes, should require that either the Whole or a Portion of the Negroes should be disembarked 'before the Vessel can arrive at the Place at which one ' of the said Courts is established, the Commander of the 'capturing Ship may take upon himself the Responsibility ' of so disembarking the Negroes; provided that such Necessity and the Causes thereof be stated in a Certifi'cate in proper Form, and that this Certificate be entered ' at the Time on the Log Book of the detained Vessel.

The undersigned Plenipotentiaries have agreed, in 'conformity with the Article XIII. of the Treaty signed by them on this Day, the Twenty-fifth of September of One thousand eight hundred and forty, that the preceding • Instructions, consisting of Four Articles, shall be annexed to the said Treaty, and be considered as an 6 integral Part thereof.

The Twenty-fifth Day of September of One thousand 6 eight hundred and forty.

• ANNEX (B.)

To the TREATY between GREAT BRITAIN and the REPUBLIC of BOLIVIA for the ABOLITION of the SLAVE TRADE of the REPUBLIC of BOLIVIA.

"Regulations for the Mixed Courts of Justice which are to reside on the Coast of Africa, and in the Possessions of the 6 Republic of Bolivia.

• ARTICLE I.-The Mixed Courts of Justice to be estab'lished under the Provisions of the Treaty, of which these Regulations are declared to be an integral Part, shall be composed in the following Manner:-Each of the • Two High Contracting Parties shall name a Judge and C an Arbitrator, who shall be authorized to hear and to ' decide, without Appeal, all Cases of the Capture or De• tention of Vessels which, in pursuance of the Stipulations of the aforesaid Treaty, shall be brought before them; the Judges and the Arbitrators shall, before entering upon the Duties of their Office, respectively make Oath before the principal Magistrate of the Places in which such Courts respectively shall reside, that they will judge fairly and faithfully, that they will have no Preference either for the Claimants or the Captors, and that they will act in all their Decisions in pursuance of the • Stipulations of the aforesaid Treaty.

• There shall be attached to each of such Courts a Secretary or Registrar, who shall be appointed by the • Government of the Country within the Territories of which such Court shall reside.

Such Secretary or Registrar shall register all the Acts ' of such Court, and shall, before he enters upon his Office, make Oath before the Court to which he is appointed, that he will conduct himself with due Respect for its Authority, and will act with Fidelity and Impartiality in all Matters relating to his said Office.

The Salary of the Secretary or Registrar of the Court to be established on the Coast of Africa shall be paid by Her Britannic Majesty, and that of the Secretary or Registrar of the Court to be established in the Possessions of the Republic of Bolivia shall be paid by the Government of the Republic of Bolivia.

Each of the Governments shall defray Half of the aggregate Amount of the incidental Expences of such • Courts.

ARTICLE II.-The Expences incurred by the Officer charged with the Reception, Maintenance, and Care of the detained Vessel, Slaves, and Cargo, and with the • Execution of the Sentence, and all Disbursements occa

•sioned

sioned by bringing a Vessel to Adjudication, shall, in "Case of Condemnation, be defrayed from the Funds arising from the Sale of the Materials of the broken-up Vessel, of the Ship's Stores, and of such Parts of the Cargo as shall consist of Merchandize; and in case the Proceeds arising from the Sale should not prove sufficient to defray such Expences, the Deficiency shall be made good by the Government of the Country within whose Territories the Adjudication shall have taken place.

If the detained Vessel shall be released, the Expences 'occasioned by bringing her to Adjudication shall be ' defrayed by the Captor, excepting in Cases specified and otherwise provided for under Article X. of the Treaty to which these Regulations form an Annex, and under Article VII. of these Regulations.

ARTICLE III.-The Mixed Courts of Justice are to 'decide upon the Legality of the Detention of such Vessels as the Cruisers of either Nation shall, in pursuance ' of the said Treaty, detain.

These Courts shall judge definitively, and without Ap'peal, all Questions which shall arise out of the Capture and Detention of such Vessels.

The Proceedings of these Courts shall take place with as little Delay as possible, and for this Purpose the Courts are required to decide each Case, as far as may be practicable, within the Space of Twenty Days, to be dated from the Day on which the detained Vessel shall have been brought into the Port where the deciding • Court shall reside.

• The final Sentence shall not in any Case be delayed beyond the Period of Two Months, either on account of the Absence of Witnesses or for any other Cause, except upon the Application of any of the Parties interested, in which Case, upon such Party or Parties giving 'satisfactory Security that they will take upon themselves the Expence and Risks of the Delay, the Courts may, at their Discretion, grant an additional Delay, not exceeding Four Months; either Party shall be allowed to employ such Counsel as he may think fit, to assist him in the Conduct of his Cause.

All the essential Parts of the Proceedings of the said Courts shall be written down in the Language of the Country in which the Courts shall respectively reside.

ARTICLE IV.-The Form of the Process shall be as follows:-The Judges appointed by the Two Nations ' respectively shall, in the first place, proceed to examine the Papers of the detained Vessel, and to take the Depositions of the Master or Commander, and of Two or Three at least of the principal Individuals on board ' such

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