I 18th CONGRESS, 2d SESSION. Documents accompanying the President's Message. pected vessel to be searched and detained under his exclusive authority; provided, however, that the delay required for this purpose be not such, from peculiar and unavoidable circumstances, as to enable the suspected vessel to escape. [Sen. and H. of R. IV. Whenever any merchant vessel, of either nation, shall be visited, under this convention, on suspicion of such vessel being engaged in the slave trade, no search shall, in any such case, be made on board the said vessel, except what is necessary for ascertaining, by posiIt is further agreed, that any such ship or vessel, so tive and sufficient proofs, whether she is, or is not, encaptured, shall either be carried, or sent, by the captur-gaged in that illicit traffic. No person shall be taken ing officer, to some port of the country to which it be- out of the vessel so visited, though measures of restraint longs, and there given up to the competent authorities, and personal coercion, necessary for the detention and or be delivered up for the same purpose, to any duly safe delivery of the vessel, may be employed against its commissioned officer of the other party : it being the crew, by the commanding officer of the visiting vessel, intention of the high contracting powers, that any ship or under his orders; nor shall any part of the cargo of or vessel within the purview of this convention, and the visited vessel be taken out of her, till after her deliseized on that account, shall be tried and adjudged by very to the officers or tribunals of her own nation; exthe tribunals of the captured party, and not by those of cepting only when the immediate removal of all, or a the captor. part of the slaves, if any, found on board the visited vesII. In the case of any ship or vessel detained by the sel, shall be necessary either for the preservation of cruizers of either of the two contracting parties, on sus- their lives, or for the safety of the persons charged with picion of carrying on the slave trade, being found, on the navigation of the said vessel after her capture. And due examination by the boarding officer, to be charter- any of the slaves, so removed, shall be duly accounted ed on account of any of the subjects or citizens of the for to the government of that country to which the visitother party, although not actually bearing the flag of ed vessel belongs, and shall be disposed of according to hat party, nor owned by the individuals on whose ac- the laws of the country into which they are carried; the count she is chartered, or by any other citizens or sub-regular bounty or head money, allowed by law, being, in ects of the same nation, it is hereby agreed, that, in uch case also, upon the delivery of the said vessel to he tribunals of that country to which the persons, on V. Whenever any merchant vessel, of either nation, whose account she is chartered, belong, the vessel, car- shall be captured, under this convention, it shall be the o, and crew, shall be proceeded against in like man- duty of the commander of any ship belonging to the pub er as any other vessel, cargo, and crew, within the pur-lic service of the other, charged with the instructions of iew of this convention, insofar as the general practice nder the law of nations will allow. e each instance, secured to the captors, for their use and benefit, by the receiving governinent. his government for carrying into execution the provisions of this convention, on the coast of Africa, of AmeIII. Whenever any naval commander or commission- rica, or of the West Indies, at the requisition of the comdofficer of either of the two contracting powers shall, mander of the capturing vessel, to receive into his custon the high seas, or any where not within the exclusive dy the vessel so captured, and to carry or send the same, irisdiction of either party, board, or cause to be board- for trial and adjudication, into some port of his own coun1, any merchant vessel, bearing the flag of the other try. In every such case, at the time of the delivery of ɔwer, and visit the same as a slave trader, or on suspi- the vessel, an authentic declaration shall be drawn up in on of her being concerned in the slave trade, in every triplicate, and signed by the commanders both of the dech case, whether the vessel so visited, shall, or shall livering and receiving vessels; one copy, signed by both, st, be captured and delivered over, or sent into the to be kept by each of them, stating the circumstances of uts of her own country, for trial and adjudication, the delivery, the condition of the captured vessel at the boarding officer shall deliver to the master or com- time of delivery, including the names of her master or ander of the visited vessel a certificate, in writing, commander, and of every other person, not a slave, on ned by the said boarding officer, and specifying his board at that time, and exhibiting the number of the nk in the navy of his country, together with the names slaves, if any, then on board her, and a list of all the pathe commander by whose orders he is acting, and of pers received or found on board at the time of capture, e national vessel commanded by him; and the said and delivered over with her. The third copy of the said rtificate shall further contain a declaration, purport-declaration shall be left in the captured vessel, with the that the only object of the visit is to ascertain whe-papers found on board, to be produced before the tribuer the merchant vessel in question is engaged in the ve trade, or not, and if found to be so engaged, to take 1 deliver her to the officer or tribunals of her own intry, being that of one of the two contracting pars, for trial and adjudication. nal charged with the adjudication of the capture. And the commander of the capturing vessel shall be authorized to send any one of the officers under his command, and one or two of his crew, with the captured vessel, to appear before the competent tribu capture; the reasonable expenses of which witnesses, in proceeding to the place of trial, during their detention there, and for their return to their own country, or to their station in its service, shall be allowed by the court of adjudication, and defrayed, in the event of the vessel being condemned, out of the proceeds of its sale. In case of the acquittal of the vessel, the expenses, as above specified, of these witnesses, shall be defrayed by the government of the capturing officer. In all such cases, the commander of the national ves-nal, as witnesses of the facts regarding her detention and 2, whether belonging to Great Britain or to the United tes, shall, when he makes delivery of his capture, her to the officers or to the tribunals of the other powdeliver all the papers found on board the captured sel, indicating her national character, and the objects her voyage; and, together with these, a certificate, Babove, of the visit, signed with his name, and specing his rank in the navy of his country, as well as the ne of the vessel commanded by him, together with name and professional rank of the boarding officer. whom the said visit has been made. his certificate shall also contain a list of all the pa6s received from the master of the vessel detained, visited, as well as those found on board the said vesIt shall, also, contain an exact description of the e in which the vessel was found when detained, and atement of the changes, if any, which have taken e in it, and of the number of slaves, if any, found on rd at the moment of detention. VI. Whenever any capture shall be made under this convention, by the officers of either of the contracting parties, and no national vessel of that country to which the captured vessel belongs is cruising on the same station where the capture takes place, the commander of the capturing vessel shall, in such case, either carry or send his prize to some convenient port of his own country, or of any of its dependencies, where a court of vice admiralty has jurisdiction, and there give it up to the competent authorities, for trial and adjudication. The 18 CONGRESS, } 21 SESSION Documents accompanying the President's Message. [Sen. and H. of R. And captured vessel shall then be libelled according to the any such commanding officer shall be accused, by either practice of the court taking cognizance of the case; and, of the two governments, of having deviated, in any rein case of its being condemned, the proceeds of the sale spect, from the provisions of this convention, and the inthereof, and of its cargo, if also condemned, shall be paid structions of his own government, in conformity thereto, to the commander of the capturing vessel, for the bene the government to which such complaint shall be addres fit of the captors, to be distributed among them, accord-ed,agrees, hereby, o make inquiry into the circumstances ing to the rules of their service respecting prize-money. of the case, and to inflict on the officer complained VII. The commander and crew of any vessel captured in the event of his appearing to deserve it, a punishment under this Convention, and sent in for trial, shall be pro adequate to his transgression. ceeded against conformably to the laws of the country X. The high contracting parties declare, that the rig whereinto they shall be brought, as pirates engaged in which, in the foregoing articles, they have each recipro the African Slave Trade; and it is further agreed, that cally conceded, of detaining, visiting, capturing, any individual, being a citizen or subject of either of the delivering over for trial, the merchant vessels of the o two contracting parties, who shall be found on boarder, engaged in the African slave trade, is wholly and ex any vessel not carrying the flag of the other party, nor clusively grounded on the consideration of their bag belonging to the subjects or citizens of either, ut en made that traffic piracy, by their respective laws; gaged in the illicit traffic of slaves, and seized or con- further, that the concession of the said right, as gua demned on that account, by the cruisers of the other par- ed, limited, and regulated, by this convention, is m ty, under circumstances which, by involving such indi- and understood by them neither to extend to, nor in an vidual in the guilt of slave-trading, would subject him to way to affect, any other existing or eventual rights the penalties of piracy, he shall be sent for trial before scarch, or of capture at sea; in like manner as the m the competent court in the country to which he belongs, of delivery and adjudication, stipulated in this conte and the reasonable expenses of any witnesses belonging tion, is not intended by them to affect, in any way, th to the capturing vessel, in proceeding to the place of ordinary modes of proceeding against vessels capta trial, during their detention there, and for their return to on the high seas, under the law of nations; and they do their own country, or to their station in its service, shall, hereby agree and engage to use their influence, respic in every such case, be allowed by the court, and defray-ively, with other maritime and civilized powers, ta ed by the country in which the trial takes place. end that the African slave trade may be generally clared to be piracy, under the law of nations. vill. The right, reciprocally conceded by the two contracting powers, of visiting, capturing, and delivering over for trial, the merchant vessels of the other, engaged in the traffic of slaves, shall be exercised only by such commissioned officers of their respective navies, as shall be furnished with instructions for executing the laws of their respective countries against the slave trade. For every vexatious and abusive excrcise of this right, the boarding officer and the commander of the capturing or searching vessel shall, in each case, be liable, in costs and damages, to the master and owners of any merchant vessel delivered over, detained, or visited, by them, under the provisions of this convention. Whatever court of admiralty shall have cognizance of the cause, as regards the captured vessel in each case, the same court shall be competent to bear the complaint of the master, or of any person on board, or interested in the property of her cargo, at the time of her detention; and, on clear, indubitable proof being given to the court, of any vexation and abuse having been practised during the search or detention of the said vessel, contrary to the provisions and meaning of this convention, to award reasonable costs and damages to the sufferers, to be paid by the commanding or boarding officer convicted of such misconduct. The government of the party thus cast in damages and costs, shall cause the amount of the same to be paid, in each instance, agreeably to the judgment of the court, within twelve months from [and] after the date thereof. In case of any such vexation and abuse occurring in the detention or search of a vessel detained under this convention, and not afterwards delivered over for trial, the persons aggrieved, being such as are specified above, or any of them, shall be heard by any court of admiralty of the country of the captors, before which they make complaint thereof, and the commander and boarding of ficer of the detaining vessel shall, in each instance, be liable, as above, in costs and damages, to the complainants, according to the judgment of the court, and their government shall equally cause payment of the same to be made, within twelve months from the time when such judgment shall have been pronounced. (With Mr. Rush's No. 2, of March 15th, 1824) Protocol of the first conference of the American ak.2tish Plenipotentiaries, held at the Board of Trade the 23d of January, 1824. PRESENT-Mr. Rush, Mr. Huskisson, Mr. Stratford Canning. It was agreed, after the communication and excis of the respective full powers, that the negotiation be carried on by conference and protocol, with the r on both sides, of annexing to the protocol any wa statement, which either party might consider necess as matter either of record or of explanation. It was further agreed, that the slave trade sha made the first subject of discussion; and that any ac on that head, which the parties might agree ind up, should be formed into a separate convention, submitted for ratification to the respective gover immediately on its conclusion, and without refres the state of the negotiation on other matters. The British Plenipotentiaries intimated their expe tion to receive from Mr. Rush, in the first instance, communication of the proposals intended to be br forward, successively, by his government, unde heads of the several questions, for the adjustme which the negotiation had been opened, in contar with the annexed memorandum, previously come ed by him, (marked A.) In pursuance of this intimation. Mr. Rush, after s introductory remarks, explanatory of the views of vernment upon this subject, communicated, in the projet of a Convention, for effecting a systemoperation between the United States and Great E with a view to the complete suppression of the trade. The British Plenipotentiaries, in receiving this F observed, that they could not be expected to et any opinion, as to its admissibility, either in whol part, on a first perusal; to which observation the can Plenipotentiary assented, and it was agreed B. next conference should take place on Monday t IX Copies of this convention, and of the laws of both countries actually in force, for the prohibition and sup-cond of February, pression of the African slave trade, shall be furnished to every commander of the national vessels of either party, charged with the execution of those laws; and, in case RICHARD RUSH, 18th CONGRESS, Documents accompanying the President's Message. A. Memorandum referred to in the first conference. 1. Commercial intercourse between the United States and the colonial possessions of Great Britain in America and the West Indies; and the claim of the United States to the navigation of the river St. Lawrence. 2. Suppression of the slave trade. 3. Boundary line under the fifth article of the treaty of Ghent. 4. Admission of consuls of the United States in the colonial ports of Great Britain. 5. Newfoundland Fishery. 6. Ukase of his Imperial Majesty the Emperor of Rus sia, of September, 1821, with a view to an adjustment of the boundaries between the United States and Great Britain, on the northwest coast of America. 7. Questions of maritime law, heretofore in discussion between the two nations; and, also, that of abolishing privateering as between them. [Sen. and H. of R. The protocol of the preceding conference was read over, and signed. The discussion which had taken place at the last conference, upon the subject of the slave trade, was renewProtocol of the second conference of the American and Bri-ed, principally with reference to the first and tenth artitish Plenipotentiaries, assembled at the Board of Trade cles of the counter-projet of the British Plenipotenon the 2d of February, 1824. PRESENT-Mr. Rush, Mr. Huskisson, Mr. Stratford Canning. The protocol of the preceding conference was read over, and signed. The British Plenipotentiaries stated that, after mature consideration of the projet given in by Mr. Rush, at the former conference, they were disposed to consent to the general principle on which it rested, but that there were serious difficulties in the mode of carrying that principle into effect, which they wished to point out and discuss with Mr. Rush, in the hope of arriving, with his assist. ance, at some solution satisfactory to both parties. The discussion which ensued, with a view to the removal or modification of such provisions in the projet as were thought likely to render the proposed convention more or less ineffectual, terminated in an agreement, on the part of the American Plenipotentiary, after he had stated his first impressions on the subject, to reconsider, more at leisure, the points of his projet, which appeared objectionable to the British Plenipotentiaries; and, on their part, to ascertain, by reference to the proper law officers, how far it might be practicable to obviate the legal difficulties on their side. It was agreed to meet again on the 5th instant, and, in case of any further causes of delay arising in the consideration of the slave trade projet, to proceed at once with the next subject of negotiation, until these causes should be removed. RICHARD RUSH, Protocol of the fourth conference of the American and British Plenipotentiaries, held at the Board of Trade, Feb. 16th, 1824. PRESENT-Mr. Rush, Mr. Huskisson, Mr. Stratford Canning. The protocol of the preceding conference was read over, and signed. Several points connected with the propositions brought forward by the American Plenipotentiary, in the previous conferences, were informally discussed, with a view to explanation, and, if possible, to the removal of difficulties on both sides. The British Plenipotentiaries communicated a counter-projet, (marked Ċ.,) comprising the principal alterations which they proposed to introduce into the articles on the slave trade, presented by Mr. Rush, and annexed to the protocol of the first conference. Vol. I-C tiaries. No satisfactory adjustment of the points at issue being arrived at, it was agreed to meet again on the 11th inst. for their further consideration. Letter from Mr. Rush to the Secretary of State, 1st Letter from Mr. Huskisson to Mr. Rush, 1st April, 1824. Mr. Rush to Mr. Adams. [Sen. and H. of R. in the act, but merely its consolidation with all the other slave trade regulations in one general act, which is in tended to be brought in before the close of this session of Parliament, in order that the British officers may be furnished with one comprehensive code of instruction on this subject. I have the honor to be, &c. &c. GEORGE CANNING HENRY UNWIN ADDINGTON, Esq. &c. AN ACT for the more effectual suppression of the March 31, 1894. Whereas it is expedient to make further provision for de suppression of the African slave trade, by enacting that persons and adjudged to be guilty of piracy: Be it therefore ene committing the offences hereinafter specified, shall be deemed by the King's Most Excellent Majesty, by and with the adv and consent of the Lords Spiritual and Temporal and Co mons, in this present Parliament assembled, and by the sa rity of the same, That, if any subject or subjects of his Maje or any person or persons residing or bemg within any of the u minions, forts, settlements, factories, or territories, LONDON, 1st April, 1824. hereafter belonging to his Majesty, or being in his Majesty Sin: I have now the honor to transmit, in the shape occupation or possession, or under the government of the in which it has received the royal assent, a copy of theed Company of Merchants of England trading to the Ear British act of Parliament making the slave trade piracy.in force, permitted, after the first day of January, one tho dies, shall, except in such cases as are, in and by the lavi It was sent to me to-day by Mr. Huskisson, with a note, eight hundred and twenty-five, upon the high seas, or of which a copy is enclosed. It passed the House of haven, river, creek, or place, where the admiral has jursk Lords the day before yesterday, by an unanimous vote. tion, knowingly and wilfully carry away, convey, or remot In addition to the explanation which Mr. Huskisson af- aid or assist in carrying away, conveying or removing, y forded me, of the clause at the end of the act, both him-son or persons as a slave or slaves, or for the purpose af to self and Mr. Secretary Canning have since stated to me, that a further reason for it was, that a consolidation of this act with all the other British slave trade laws and re gulations, is in contemplation, perhaps in the course of the present session of Parliament, with a view to give the British naval officers one comprehensive code of in structions under them. These copies are, the bill as printed for the House of Lords, in which shape, as no amendment was made in that House, it received the royal assent; but some few days will elapse before it can be published in the usual form, among the laws of the pr sent session. her, or their, being imported or brought as a slave or s into any island, colony, country, territory, or place, whe er, or for the purpose of his, her, or their, being sold, tra red, used, or dealt with as a slave or slaves; or shall, after ty-five, except in such cases as are, in and by the laws said first day of January, one thousand eight hundred and force, permitted, upon the high seas, or within the jur aforesaid, knowingly and wilfully ship, embark, recen", tain, or confine, or assist in shipping, embarking, receiving, taining, or confining, on board any ship, vessel, or bo person or persons, for the purpose of his, her, or the carried away, conveyed, or removed, as a slave or slaves, the purpose of his, her, or their, being imported or breat a slave or slaves, into any island, colony, country, termen place, whatsoever, or for the purpose of his, her, or the then, and in every such case, the person or persons o ing sold, transferred, used, or dealt with, as a slaver ing shall be deemed and adjudged guilty of piracy, feler robbery; and, being convicted thereof, shall suffer desti out benefit of clergy, and loss of lands, goods, and ch pirates, felons, and robbers upon the seas, ought to st II. Provided always, and it is hereby further ens declared, That nothing in this act contained, making claring the aforesaid offences to be piracies, felonies, and ries, shall be construed to repeal, annul, or alter, th I have the honor to be, dear sir, your very faithfulsions and enactments of any other act or acts contac obedient servant, RICHARD RUSH, &c. &c. W. HUSKISSON: Mr. Canning to Mr. Addington. Foreign Office, April 2, 1824. SIR: I herewith enclose to you several copies of the bill which has now passed into a law, affixing to the crime of carrying on the slave trade by British subjects, the pains and penalties attached to piracy. posing forfeitures and penalties, or either of them, p same offences, or to repeal, annul, or alter, the remedis, for the recovery thereof; but that the said provision) 45 medies shall, in all respects, be deemed and taken to b remain in full force, as they existed immediately befor passing of this act: Provided, also, that nothing here enactments or provisions contained in an act passed in the tained shall be construed to repeal, annul, or alter, any first year of his late Majesty, intituled "An act for res more effectual an act made in the forty-seventh year of jesty's reign, entitled 'An act for the abolition of the trade;" except so far as such enactments or provision tered or varied by this act, but that the said act shal other respects. remain in full force and effect. You will lose no time in calling on Mr. Adams, and communicating this act of Parliament to him, in proof of the anxiety of his Majesty to carry into early and effectual execution the convention lately concluded on this every the offences, hereinbefore specified, shail and III. And be it further enacted and declared, The subject by the United States; and, with reference to inquired of, either according to the ordinary course of that clause in the act which provides for possible altera-the provisions of an act passed in the twenty-eighth ye tion in the course of the session, you will explain to the reign of King Henry the Eighth, intituled "An act for American Minister that this clause has in view no change or according to the provisions of an act passed in the la 18th CONGRESS, 2d SESSION. Documents accompanying the President's Message. [Sen. and H. of R. year of the reign of his late Majesty King George the Third, whole or part, or navigated for, or in behalf of, any citientitled "An act for the more speedy trial of offences com- zen or citizens of the United States, shall land from any mitted in distant parts upon the high seas.' such ship or vessel, and on any foreign shore seize, any IV. And be it further enacted, That this act may be amend-negro or mulatto, not held to service or labor by the ed, altered, or repealed, by any act or acts to be passed in this laws of either of the states or territories of the United present session of Parliament. IN SENATE, States, with intent to make such negro or mulatto a slave, or shall decoy, or forcibly bring, or carry, or shall receive, such negro or mulatto, on board any such ship Saturday, May 8, 1824. or vessel, with intent as aforesaid, such citizen or person Mr. Barbour, from the Committee on Foreign Rela- shall be adjudged a pirate, and on conviction thereof, tions, to whom was referred, on the 30th April, the Mes- before the circuit court of the United States for the dissage of the President of the United States of that date,trict wherein he may be brought or found, shall suffer together with the Convention with Great Britain, reported the same without amendment. The said Convention was read the second time. death. "Sec. 5. And be it farther enacted, That, if any citizen of the United States, being of the crew or ship's company of any foreign ship or vessel, engaged in the slave trade, or any person whatever, being of the crew or ship's company of any ship or vessel, owned wholly or in part, or navigated for, or in behalf of, any citizen or citizens of the United States, shall forcibly confine or detain, or aid and abet in forcibly confining or detaining, on board such ship or vessel, any negro or mulatto, not held to service by the laws of either of the States or Territories of the United States, with intent to make such negro or mulatto a slave, or shall, on board any such ship or vessel, offer or attempt to sell, as a slave, any negro or mulatto, not held to service as aforesaid, or shall, on the high seas, or any where on tide water, transfer or deliver over, to any other ship or vessel, any negro or mulatto, not held to service, as aforesaid, with intent to make such negro or mulatto a slave, or shall land, or deliver on shore from on board any such ship or vessel, any such negro or mulatto, with intent to make sale of, or having previously sold, such negro or mulatto as a slave, such citizen or person shall be adjudged a pirate; and, on conviction thereof, before the Circuit Court of the United States for the district wherein he may be brought or found, shall suffer death." And on the 28th February, 1823, the House of Repre sentatives, by a majority of 131 to 9, passed a resolution to the following effect: "Resolved, That the President of the United States be requested to enter upon, and prosecute, from time to time, such negotiations with the several maritime powers of Europe and America, as he may deem expedient, for the effectual abolition of the African slave trade, and its ultimate denunciation as Piracy under the law of nations, by the consent of the civilized world.” Apprehending, from the delay in the decision, that some difficulty exists with the Senate, respecting the ratification of the Convention lately concluded with the British Government for the suppression of the slave trade, by making it piratical, I deem it proper to communicate, for your consideration, such views as appear to me to merit attention. Charged, as the Executive is, By the act of Congress above referred to, whereby and I have long been, with maintaining the political re the most effectual means that could be devised were lations between the United States and other nations, adopted, for the extirpation of the slave trade, the wish consider it my duty, in submitting for your advice and of the United States was explicitly declared, that all consent, as to the ratification, any treaty or convention nations might concur in a similar policy. It could only which has been agreed on with another power, to ex-be by such concurrence that the great object could be plain, when the occasion requires it, all the reasons which induced the measure. It is by such full and frank explanation, only, that the Senate can be enabled to discharge the high trust reposed in them with advantage to their country. Having the instrument before them, with the views which guided the Executive in forming it, the Senate will possess all the light necessary to a sound decision. By an act of Congress of 15th May, 1820, the slave trade, as described by that act, was made piratical, and all such of our citizens as might be found engaged in that trade, were subjected, on conviction thereof, by the circuit courts of the United States, to capital punishment. To communicate more distinctly the import of that act, I refer to its fourth and fifth sections, which are in the following words: accomplished; and it was by negotiation and treaty, alone, that such concurrence could be obtained, commencing with one power, and extending it to others. The course, therefore, which the Executive, who had concurred in the act, had to pursue, was distinctly marked out for it. Had there, however, been any doubt respecting it, the resolution of the House of Representatives, the branch which might, with strict propriety, express its opinion, could not fail to have removed it. By the tenth article of the treaty of peace between the United States and Great Britain, concluded at Ghent, it was stipulated that both parties should use their best endeavors to accomplish the abolition of the African slave trade. This object has been, accordingly, pursued by both Governments, with great earnestness, by separate acts of legislation, and by negotiation, almost unin"Sec. 4. And be it further enacted, That, if any citi-terrupted, with the purpose of establishing a concert be zen of the United States, being of the crew or ship's tween them, in some measure, which might secure its company of any foreign ship or vessel, engaged in the accomplishment. slave trade, or any person whatever, being of the crew or ship's company of any ship or vessel, owned in the Great Britain, in her negotiations with other powers, had concluded treaties with Spain, Portugal, and the |
