' able Grounds of being engaged in the Traffic in Slaves, or of having been fitted out for the Purposes thereof, or of having during the Voyage on which they are met with by the said Cruisers been engaged in the Traffic in Slaves, contrary to the Provisions of this Treaty, and that such Cruisers may detain and send or carry away such Vessels, in order that they may be brought to Trial in the Manner herein-after agreed upon.

• ARTICLE V.—In order to regulate the Mode of carrying the Provisions of the preceding Article into execution it is agreed,

First,―That all Ships of the Navies of the Two Nations which shall be hereafter employed to prevent the Traffic in Slaves shall be furnished by their respective Governments with a Copy, in the English and Spanish Languages, of the present Treaty, of the Instructions for Cruisers annexed thereto, sub literá (A.), and of the Regulations for the Mixed Courts of Justice annexed thereto, sub literá (B.), which Annexes respectively shall be considered as an integral Part of the • Treaty.

6

Secondly,That each of the High Contracting Parties shall from Time to Time communicate to the other the Names of the several Ships furnished with such Instructions, the Force of each, and the Names of their several Commanders.

'Thirdly,-That if at any Time there shall be just 'Cause to suspect that any Merchant Vessel, under the Flag and proceeding under Convoy of any Ship or Ships of War of either of the Contracting Parties, is engaged or intended to be engaged in the Traffic in Slaves, or is fitted out for the Purposes thereof, or has during the Voyage on which she may be met with 'been engaged in the Traffic in Slaves, it shall be lawful for the Commander of any Ship of the Navy of ' either of the Two High Contracting Parties furnished with such Instructions as aforesaid to visit such Mer'chant Vessel, and such Commander shall proceed to ' effect the same in communication with the Commanding Officer of the Convoy, who it is hereby agreed 'shall give every Facility to such Visit, and to the • eventual Detention of such Merchant Vessel, and in all Things shall assist to the utmost of his Power in the due Execution of the present Treaty, according to the true Intent and Meaning thereof.

• Fourthly,-And it is further mutually agreed, that the Commanders of the Ships of the Two Navies respectively who shall be employed on this Service shall adhere strictly to the exact Tenor of the aforesaid Instructions.

• ARTICLE

· ARTICLE VI.-As the Two preceding Articles are entirely reciprocal, the Two High Contracting Parties engage mutually to make good any Losses which their respective Subjects or Citizens may incur by the arbitrary and illegal Detention of their Vessels, it being ' understood that this Indemnity shall invariably be borne by the Government whose Cruiser shall have been guilty of such arbitrary and illegal Detention, and that the Visit and Detention of Vessels specified in the Fourth Article of this Treaty shall only be effected by those 'British or Monte-Videan Ships which may form Part of the Navies, Royal and National respectively, of the Two High Contracting Parties to the Treaty, and by those only of such Ships which are provided with the special Instructions annexed to the present Treaty, in pursuance of the Provisions thereof.

6

ARTICLE VII.-In order to bring to Adjudication with as little Delay and Inconvenience as possible the Vessels which may be detained according to the Tenor of the Fourth Article of this Treaty, there shall be 'established, within the Space of a Year at furthest from the Exchange of the Ratifications of the present Treaty, Two Mixed Courts of Justice, formed of an equal Number of Individuals of the Two Nations, named for this Purpose by the Two High Contracting Parties respectively.

6

These Courts shall reside, one in a Possession belonging to Her Britannic Majesty, the other within the Territories of the Oriental Republic of the Uruguay; and the Two Governments, at the Period of the Exchange of the Ratifications of the present Treaty, shall declare, each for its own Territories, in what Places the Courts 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 Court held within its own Territories :-Provided, however, that one of the Two Courts shall always be held upon the Coast ' of Africa, and the other in one of the Possessions of the Oriental Republic of the Uruguay.

These Courts shall judge the Causes submitted to them according to the Provisions of the present Treaty, without Appeal, and according to the Regulations and Instructions which are annexed to the present Treaty, and which are considered as forming an integral Part 'thereof.

'ARTICLE VIII.-In case the Commanding Officer of any of the Ships of the Navies of Great Britain and 'Monte Video respectively, duly commissioned according to 'the Provisions of the Fourth Article of this Treaty, shall deviate in any respect from the Stipulations of the said [No. 11. Price 2d.] 6 Treaty,

L

Treaty, or from the Instructions annexed to it, the • Government which shall conceive itself to be wronged thereby shall be entitled to demand Reparation, and in such Case the Government to which such Commanding Officer may belong binds itself to cause Inquiry to be 'made into the Subject of the Complaint, and to inflict upon the said Officer a Punishment proportioned to any 'wilful Transgression which may have been committed.

'ARTICLE IX.-It is hereby further mutually agreed, that every Merchant Vessel, British or Monte-Videan, which shall be visited by virtue of the present Treaty, may lawfully be detained and sent or brought before the Mixed Courts of Justice established in pursuance of the Provisions thereof, if in her Equipment there shall be found any of the Things herein-after mentioned; namely,

First,-Hatches with open Gratings, instead of the close Hatches which are usual in Merchant Vessels. Secondly,-Divisions or Bulkheads in the Hold or on Deck in a greater Number than are necessary for Vessels engaged in lawful Trade.

Thirdly, Spare Plank fitted for laying down as a • Second or Slave Deck.

Fourthly, Shackles, Bolts, or Handcuffs.

Fifthly,-A larger Quantity of Water in Casks or in Tanks than is requisite for the Consumption of the • Crew of the Vessel as a Merchant Vessel.

Sixthly, An extraordinary Number of Water Casks, or of other Vessels for holding Liquid, unless the Master shall produce a Certificate from the Custom House at the Place from which he cleared Outwards, stating that a sufficient Security had been given by the Owners of such Vessel that such extra Quantity of Casks or other • Vessels should only be used for the Reception of Palm Oil, or for other Purposes of lawful Commerce.

Seventhly,-A greater Quantity of Mess Tubs or Kids than are requisite for the Use of the Crew of the Vessel as a Merchant Vessel.

Eighthly,-A Boiler of an unusual Size, and larger than requisite for the Use of the Crew of the Vessel as a Merchant Vessel, or more than One Boiler of the ordinary Size.

Ninthly,- An extraordinary Quantity either of Rice, of the Flour of Brazil, Manioc or Cassada, commonly called Farinha, of Maize or of Indian Corn, beyond what might probably be requisite for the Use of the Crew, such Rice, Flour, Maize, or Indian Corn not being entered on the Manifest as Part of the Cargo ' for Trade.

C Any One or more of these several Circumstances, if proved, shall be considered as prima facie Evidence of the actual Employment of the Vessel in the Slave Trade;

• and

and unless it be established by satisfactory Evidence upon the Part of the Master or Owners that such Vessel was at the Time of her Detention or Capture employed in some legal Pursuit, the Vessel shall thereupon be condemned and declared lawful Prize.

ARTICLE X.-If any of the Things specified in the preceding Article shall be found in any Merchant Vessel, 'no Compensation for Losses, Damages, or Expences consequent upon the Detention of such Vessel shall in any Case be granted either to her Master or to her Owner, or to any other Persons interested in her Equipment or Lading, even though the Mixed Court of Justice should not pronounce any Sentence of Condemnation in consequence of her Detention.

ARTICLE XI.-It is hereby agreed between the Two High Contracting Parties, that in all Cases in which a Vessel shall be detained under this Treaty by their respective Cruisers, as having been engaged in the Slave Trade, or as having been fitted out for the Purposes thereof, and shall consequently be adjudged and con'demned by the Mixed Courts of Justice to be established as aforesaid, the said Vessel shall, immediately after its 'Condemnation, be broken up entirely, and shall be sold in separate Parts after having been so broken up.

• ARTICLE XII.-Each of the Two High Contracting Parties most solemnly binds itself to guarantee the Liberty of the Negroes who may be emancipated under the present Treaty by the Mixed Courts of Justice sitting within the Colonies or Possessions of such Government, and to afford from Time to Time, and whenever demanded by the other Party, or by the Members of the Mixed "Court of Justice by whose Sentence the Slaves shall have been liberated, the fullest Information as to the State and Condition of such Negroes, with a view of ensuring the due Execution of the Treaty in this respect.

For this Purpose the Regulations annexed to this Treaty sub litera (C.), as to the Treatment of Negroes liberated by Sentence of the Mixed Court of Justice, have been drawn up, and are declared to form an integral Part of this Treaty, the Two High Contracting Parties reserving to themselves the Right to alter by ' common Consent and mutual Agreement, but not otherwise, the Terms and Tenor of such Regulations.

6

6

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 Oriental Republic of the Uruguay.

(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, within the Space of Eight Months from this Date, or sooner, if possible.

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

'Done at Monte Video this Thirteenth Day of July in the Year of our Lord One thousand eight hundred and thirty-nine.

To the TREATY between GREAT BRITAIN and the ORIENTAL REPUBLIC of the URUGUAY for the ABOLITION of the SLAVE TRADE of the ORIENTAL REPUBLIC of the URUGUAY, of the Thirteenth July One thousand eight hundred and thirty-nine.

• Instructions for the Ships of the British and Monte-Videan Navies employed to prevent the Traffic in Slaves.

6

ARTICLE I.-The Commander of any Ship belonging to the Navy of Her Britannic Majesty or of the Oriental Republic of the Uruguay, which shall be furnished with these Instructions, shall have a Right to visit, search, and detain any British or Monte-Videan Merchant Vessel ⚫ which shall be actually engaged or suspected to be engaged 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 on which she may be met with by such Ship of the British or Monte-Videan 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 the Seventh Article of the said Treaty, which shall be 6 nearest