captain, the master, and pilot, of the vessels which sail from any port of my dominions, for the coasts of Africa, north of the line, before the 22d of November of the present year; to which period I grant, besides, an extension of six months, counting from the above date, to complete their voyages.

"Art. iii. From the 30th of May, 1820, I equally prohibit all my subjects, as well in the Peninsula as in America, from going to purchase negroes along those parts of the coast of Africa which are to the south of the line, under the same penalties imposed in the first article of this decree; allowing, likewise, the space of five months from the above date to complete the voyages that may be undertaken before the abovementioned 30th of May, in which the traffic in slaves shall cease in all my dominions, as well in Spain as in America.

"Art. iv. Those who, using the permission which I grant till the 30th of May, 1820, shall purchase slaves on that part of the coast of Africa which lies south of the line, shall not be allowed to carry more slaves than five to two tons of tonnage of their vessel; and any persons contravening this enactment shall be subjected to the penalty of losing all the slaves on board, who shall be declared free at the first port of my dominions in which the ship arrives.

"Art. v. This computation is made without a reference to those who may be born during the voyage, or to those who may be serving on board as sailors or servants.

"Art. vi. Foreign vessels, which may import negroes into any port of my dominions, shall be subjected to the regulations prescribed in this decree; and in case of contravening them, shall be subjected to the penalties contained in it.

"And, my royal pleasure being that the above decree should circulate in my dominions of America and Asia, for its punctual observance I communicated it to my Supreme Council of the Indies, signed with my own hand, under date of the 22d of September last past; and on its being published in that tribunal the 1st instant, a resolution passed, that steps should be taken to enforce it, and that the said tribunal should, for such purpose, circulate this my royal cedula, by which I direct all my viceroys, presidents, courts of judicature, commandants general, governors and intendants of the Indies, of the adjacent, and of the Philippine islands, to keep, fulfil, and execute, and cause to be kept, fulfilled, and executed, all that has been enjoined in this my sovereign determination, without transgressing or contravening, or permitting to be transgressed or contravened, its contents in any way; causing it, for that

purpose, to be published as an order, not only in the capital cities, but also in the chief towns of jurisdiction of their respective districts, and communicating it likewise, each in his territory, to the tribunals, justices, authorities, and persons, who in any way may be bound to observe it. And this my royal cedula shall be attended to by the accountants' general offices of my said council. Dated, Madrid, the December, 1817.

"Your majesty prohibits for ever all your subjects of the Peninsula, as well as of America, from purchasing negroes on the coasts of Africa, enacting, that voyages for that purpose may not be undertaken to the coasts north of the equator, after the 22d of November, nor to those south of the equator, after the 30th of May, 1820, under the penalties specified."*

(G.)

PORTUGUESE EDICT.

"I, the king, make known to those to whom the present Alvará, having the force and effect of a law, shall come, that as the abolition of the slave trade in the ports of the coast of Africa, north of the equator, established by the ratification of the treaty, dated the 22d of January, 1815, and of the additional convention, dated the 28th of July, 1817, requires the adoption of fresh measures, which, fixing just and adequate penalties that shall attach to offenders, may afford to judges, and other persons charged with the execution of those measures, a standard for deciding upon such cases as shall occur relative to this object, think proper to ordain as follows :

"Art. i. All persons, of whatsoever quality or condition, who shall proceed to fit out or prepare vessels for the traffic in slaves, in any part of the coast of Africa lying north of the equator, shall incur the penalty of the loss of the slaves, who shall be declared free, with a destination hereinafterwards mentioned. The vessels engaged in the traffic shall be confiscated, with all their tackle and appurtenances, together with the cargo, of whatever it may consist, which shall be on board on ac

* B. p. 3.

count of the owners or freighters of such vessel, and of the owners of such slaves. The officers of such vessel-to wit, the captain or master, the pilot, and supercargo-shall be banished for five years to Mosambique, and each shall pay a fine equivalent to the pay or other profits which he was to gain by the adventure. Policies of insurance cannot be made on such vessels, or their cargoes; and if they are made, the assurers who shall knowingly make them shall be condemned in triple the amount of the stipulated premium.

"Art. ii. All persons, of whatever rank or condition, who shall import slaves into Brazil, in foreign vessels, shall incur the same penalty of the loss of the slaves, who shall become freemen, and be provided for as hereinafter directed.

"Art. iii. Informations shall be received relative to all the above cases. And if the vessel and her cargo have been confiscated, half of the whole proceeds of the property, sold by public auction, as well as half of the fines, shall be given to the informer, and the other half shall be paid into my royal treasury, to which the whole produce shall belong, if there be no informer. In case, however, of a vessel having been captured by a ship of war, such vessel and her cargo shall be subject to the provisions specified in the seventh article of the regulations concerning the mixed commission, annexed, under number 3, to the above Convention of July the 28th, 1817. But in case the ship should be captured or confiscated, it shall not be lawful to commence an action for the recovery of such ship and cargo, except within a term not exceeding three years, to reckon from the date of the ship's entrance into the port where she has unloaded; after the expiration of which period, the said action shall be inadmissible and void.

"Art. iv. Informations, and all proceedings inclusive of the final sentence and its execution, shall be brought before the judges appointed to try causes respecting contraband goods and embezzlement, in any place or district, whither the slaves have been carried, or before any other magistrate or judge competent to decide on those matters, to whom I deem proper to commit this jurisdiction, as well as the authority requisite for carrying into execution the sentences passed by the mixed commission, in cases cognizable by the latter, and for trying and determining other cases that may occur, as also those accruing from them, allowing the party to bring an appeal conformably to the ordinance. It shall, however, be lawful for either of the parties to apply to the mixed commission, for them to determine whether or not the case have reference to the abolition; in which event, the proceedings upon it shall be delivered

up to the commission in the state in which they are; and whatever the commission may decide, shall be carried into effect.

"Art. v. The slaves made over to my royal treasury in the manner specified in the above seventh article of the regulations concerning the mixed commissions, and those declared free by the above article, (as it would be unjust to abandon them without support,) shall be delivered into the office of the judge of the district, or, where there is none, into that of the judge charged to watch over the rights of the Indians, whose powers I enlarge with that jurisdiction, to serve as freedmen for fourteen years in any public service of the navy, the fortresses, agriculture, or manual trades, as may be thought most convenient, being for that purpose enrolled in the respective stations; or shall be hired out to individuals of known property and probity, who shall be bound to support, clothe, and instruct them, teaching them some handicraft or labour, that may be agreed upon, during the stipulated period; the terms and the conditions of which shall be renewed as often as necessary, till the fourteen years are expired; the time of servitude may be shortened by two or more years, according as the good conduct of these persons may entitle them to the enjoyment of full freedom. In case these freedmen are destined for the public service, the officer who shall have authority in the respective stations to which they are assigned, shall nominate a proper person to fix the period as above mentioned, who shall be responsible for their education and treatment. They shall have as curator a person of known probity, who shall be nominated every three years by the judge, and approved by the judicial council or governor, and captain general of the province. To him it shall belong to provide every thing which may contribute to their well-being, to testify abuses that may affect them, to procure them release after their proper term of service, and enforce generally, for their benefit, the observance of the laws prescribed for the protection of orphans, in as far as those laws are applicable to them, to the end that whatever is ordered concerning them may be strictly executed.

"Art. vi. In the ports to the south of the equator, where the traffic in slaves is still permitted, the regulations passed in the law of the 24th of November, 1813, shall be observed, with the following modifications: The distinction between vessels which shall exceed or shall not exceed 201 tons shall be abolished, and the number of slaves shall be regulated according to the tonnage of the vessel, in the proportion of five to every two tons, according to the ancient measure. The prohibition respecting marks made with iron on the body of the slaves, shall not extend to

marks imprinted with silver carimbos, which, being excepted, shall be permitted. It shall be allowed to the persons who own or freight slave vessels, to use, indiscriminately, iron or copper kettles, provided the latter every voyage be tinned anew, which shall be ascertained by proper officers visiting those vessels. If surgeons do not sail on board such vessels, on account of the impossibility of procuring them, or for some other reason equally conclusive, the owners shall be obliged to carry with them black sangradores, experienced in the treatment of the diseases with which the slaves are commonly afflicted, and in the remedies proper for curing them; because, in regard to all these objects, experience has evinced the necessity of specifying the provisions set forth in this Alvará, which, under the above modifications, shall be observed in all its details.

"Art. vii. Whereas the alteration effected in the slave trade by the restrictions contained in the above treaty and additional convention, requires considerable modifications in the provisions of the former laws enacted on this subject, independent of the last change, which will tend to render many of them void, I think proper to order, that it shall be permitted to import into the ports of Brazil, slaves from any ports where this traffic is not prohibited, and that the freight shall continue to be settled by the parties.

"The present injunctions shall be strictly complied with; wherefore I direct the Tribunal of the Privy Council, of Conscience and of Orders; the President of my Royal Exchequer; the Council of my Royal Treasury; the Chief Justice of the Supreme Court of Appeal in Brazil; the President of the Tribunal of Bahia; the Governors and Captains General; and the other Governors of Brazil, and of my dominions beyond sea; also all the Ministers of Justice, and other persons whom the present Alvará may concern, to comply with and observe the same, notwithstanding any decision that may be at variance with it, and which I rescind for this end only; and it shall have the force and effect of a letter issued by the Chancellery, though it be not actually issued by the same, and though its validity extend beyond a year, notwithstanding the law to the contrary. Given at the palace of Rio de Janeiro, the 26th of January, 1818."