"By the President of the Republic of Texas, PROCLAMATION," September 16, 1842
Summary: Texas and Great Britain signed a treaty promising mutual cooperation in shutting down the African Slave Trade. The first few articles declared the slave trade to be piracy and authorized both sides to have their naval ships search each others and other countries' vessels if they are suspected of engaging in the trade. Other articles outlined the criteria for searching a ship, the evidence to look for, and the procedure for stopping a ship suspected of transporting slaves. Authorized the British and Texian governments to purchase any ship they confiscated and found to have engaged in the slave trade, after ensuring the freedom of the slaves and their safe passage to a British colony in Africa. The treaty also contained two annexes showing copies of warrants issued to ship captains to search for slave ships and the procedures a captain must follow when hunting down and detaining a suspected slave ship. The treaty was signed by representatives of Great Britain and Texas and by Sam Houston.
To all and singular to whom these presents shall come,--Greeting:
Whereas, a treaty between the Republic of Texas and Great Britain, for the suppression of African slave trade, was concluded and signed at the City of London, on the sixteenth day of November, in the year of our Lord one thousand eight hundred and forty, together with two forms of Warrants and Instructions to cruisers, thereunto annexed, by the Plenipotentiaries of this Republic and her Britannic Majesty, duly and respectively authorized for that purpose; which Treaty and forms of Warrants and Instructions are, word for word, as follows:
TREATY BEWEEN[sic] THE REPUBLIC OF TEXAS AND
GREAT BRITAIN FOR THE SUPPRESSION OF
AFRICAN SLAVE TRADE.
Her Majesty, the Queen of the United Kingdom of Great Britain and Ireland, wishing to give fuller effect to the principles which form the basis of the Treaties which have been concluded between Great Britain and several other European powers, for the suppression of the African Slave Trade, and the Republic of Texas being likewise desirous of rendering effectual the fundamental article in her Constitution, which declares the said trade piracy, have determined to negotiate and conclude a Treaty for the more effectual extinction of this traffic.
For this purpose the Republic of Texas and Her Majesty, the Queen of the United Kingdom of Great Britain and Ireland, have named as their Plenipotentaries, that is to say:--The Republic of Texas, Gen. James Hamilton, &c &c.; and Her Majesty, the Queen of the United Kingdom of Great Britain and Ireland, the Right Honorable Henry John, Viscount Palmerston, Baron Temple, a Peer of Ireland, a member of Her Britannic Majesty's Most Honorable Privy Council, a Member of Parliament, Knight Grand Cross of the Most Honorable Order
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of the Bath, and Her Britannic Majesty's Principal Secretary of State for Foreign Affairs; who, after having communicated to each other their respective Full Powers, found in good and due form, have agreed upon and concluded the following articles:
ARTICLE I.
The Republic of Texas and Her Majesty, the Queen of the United Kingdom of Great Britain and Ireland, engage to prohibit African Slave Trade, either by their respective citizens or subjects, or under their respective flags, or by means of capital belonging to their respective citizens or subjects, and to declare such trade piracy. And the high contracting parties further declare, that any vessel attempting to carry on the slave trade shall, by that act alone, lose all right to claim the protection of their flag.
ARTICLE II.
In order more completely to accomplish the object of the present treaty, the high contracting parties mutually consent that those ships of their respective navies which shall be provided with special warrants and orders, according to the form in Annex A, to this treaty, may visit such merchant vessels of either of the high contracting parties as may, upon reasonable grounds, be suspected of being engaged in the aforesaid traffic in slaves, or of having been fitted out for that purpose, or of having, during the voyage on which they are met with by the said cruisers, been engaged in the aforesaid traffic; 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 hereinafter agreed upon.
But the above mentioned right of searching merchant vessels of either of the high contracting parties, shall be exercised only by ships of war, whose commanders shall have the rank of captain, or at least that of lieutenant in the navy, unless the command shall, by reason of death or otherwise, be held by an officer of inferior rank, and the commander of such ship of war shall be furnished with a warrant according to the form annexed to this treaty, letter A, and the said right shall not be exercised within the Mediterranean sea, nor within those seas in Europe which lie without the Straits of Gibralter, and to the northward of the 37th parallel of north latitude, and within and
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to the eastward of the meridian of longitude, twenty degrees west of Greenwich; nor in the Gulf of Mexico, to the northward of the 25th parallel of north latitude, nor to the westward of the 90th degree of longitude, west of Greenwich.
ARTICLE III.
Each of the high contracting parties reserves to itself the right to fix, according to its own convenience, the number of ships of its navy which shall be employed on the service mentioned in the second article of this treaty, and the stations on which such ships shall cruize.
The names of the ships so to be employed, and of their commanders, shall be communicated by each contracting party to the other; and information shall be reciprocally given by each to the other, when a cruizer is moved from or to a cruizing station, in order that the necessary warrants for the cruizers may be delivered by the Government of either party, as the case may be, and may, when no longer wanted for use under this treaty, be returned to the government which issued them, by the government which received them.
ARTICLE IV.
Immediately after the government which employs the cruizers shall have notified to the government which is to authorize the visit, the number and names of the cruizers intended to be employed, the warrants authorizing the visit shall be made out according to the form annexed to this treaty, letter A, and shall be delivered by the government authorizing the visit, to the government employing the cruizer.
In no case shall the right of mutual visit be exercised upon the ships of war of either nation.
The high contracting parties shall agree upon a particular signal to be used by those cruizers exclusively which are invested with the right to visit.
ARTICLE V.
The cruizers of the high contracting parties, authorized to exercise the right of visit and detention in execution of this treaty, shall, in all that relates to the formalities of the visit and of the detention, as well as in regard to the measures to be taken for delivering up to the proper jurisdiction, vessels sus-
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pected of being engaged in the slave trade, conform strictly to the instructions annexed to the present treaty, letter B.
The high contracting parties reserve to themselves the power of making in these instructions, by common consent, any alterations which circumstances may render necessary.
The cruizers of the high contracting parties shall afford to each other mutual assistance, on all occasions when it may be useful that they should act in concert.
ARTICLE VI.
Whenever a merchant vessel, navigating under the flag of either of the contracting parties, shall have been detained by a cruizer of the other, duly authorized to that effect, conformably to the provisions of this treaty, such merchant vessel, as also her master, her crew, her cargo, and the slaves who may be on board of her, shall be carried to such place as shall have been appointed to that end by the contracting parties, respectively; and they shall be delivered over to the authorities appointed for that purpose by the government within whose territory such place shall be, to be proceeded against before the proper tribunals, as hereinafter directed.
When the commander of the cruizer shall not think proper to take upon himself to carry in and deliver up the detained vessel, he shall not entrust that duty to an officer below the rank of lieutenant in the navy, unless it be to the officer who at the time shall not be lower than third in command of the detaining ship.
ARTICLE VII.
If the commander of a cruizer of either of the contracting parties shall have reason to suspect that a merchant vessel, navigating under convoy of, or in company with, a ship of war of the other contracting party, has been engaged in the slave trade, or has been fitted out for the said trade, he is to make known his suspicions to the commander of the ship of war, who shall proceed alone to visit the suspected vessel; and if the last mentioned commander shall find that the suspicion is well founded, he shall cause the vessel, together with her master, her crew, and the cargo, and the slaves who may be on board of her, to be taken into a port of her own nation, to be proceeded against before the proper tribunals, as hereinafter directed.
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ARTICLE VIII.
As soon as any merchant vessel, detained and sent in for adju-[sic] the provisions of annex B, to this treaty, the commander of the cruizer which shall have detained her, or the officer appointed to bring her in, shall deliver to the authorities appointed for that purpose, a copy, signed by himself, of all the lists, declarations, and other documents specified in the instructions which are annexed to the present treaty, letter B; and the said authorities shall, in consequence, proceed to a survey of the detained vessel and her cargo, and to an inspection of her crew, and of the slaves who may be on board, after having previously given notice of the time of such survey and inspection to the commander of the cruizer, or to the officer who shall have brought in the vessel, in order that he, or some person on his behalf, may be present thereat.
A declaration of these proceedings shall be drawn up in duplicate, signed by the persons who shall have acted therein, or who shall have been present at the same; and one of the said declarations shall be delivered to the commander of the cruizer, or to the officer who shall have been appointed to bring in the detained vessel.
ARTICLE IX.
Any merchant vessel of either of the high contracting parties, which shall be visited and detained in pursuance of the provisions of this treaty, shall, unless proof be given to the contrary, be deemed to have been engaged in the African Slave Trade, or to have been fitted out for the purposes of such traffic, if any of the particulars hereinafter specified shall be found in her outfit or equipment, or to have been on board during the voyage on which the vessel was proceeding when captured, videlicet[sic]:
First:--Hatches with open gratings, instead of the close hatches which are usual in merchant vessels;
Secondly:--Divisions or bulk-heads in the hold or on deck, in greater number than are necessary for vessels engaged in lawful trade;
Thirdly:--Spare plank fitted for being laid down as a second or slave deck;
Fourthly:--Shackles, bolts, or handcuffs;
Fifthly:--A larger quantity of water in casks or in tanks,
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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 receptacles for holding liquid; unless the master shall produce a certificate from the custom-house at the place from which he cleared outwards, stating that sufficient security had been given by the owners of such vessel, that such extra quantity of casks or of other receptacles should only be used to hold 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, or other cooking apparatus, of an unusual size, and larger, and fitted for being made larger, than requisite for the use of the crew of the vessel as a merchant vessel; or more than one boiler, or other cooking apparatus of the ordinary size;
Ninthly:--An extraordinary quantity of rice, of the flour of Brazil manioc, or cassada, commonly called farina, of maize, or of Indian corn, or of any other article of food whatever, beyond what might probably be requisite for the use of the crew; such rice, flour, maize, Indian corn, or other articles of food, not being entered in the manifest, as part of the cargo for trade;
Tenthly:--A quantity of mats or matting, greater than is necessary for the use of the vessel as a merchant vessel.
Any one or more of these several things, if proved to have been found on board, or to have been on board during the voyage on which the vessel was proceeding when captured, shall be considered as prima facie evidence of the actual employment of the vessel in the African Slave Trade; and the vessel shall thereupon be condemned and be declared lawful prize, unless clear and incontestible evidence on the part of the master or owners shall establish, to the satisfaction of the court, that such vessel was, at the time of her detention or capture, employed in some legal pursuit; and that such of the several things, above enumerated, as were found on board her at the time of her detention, or which had been put on board her during the voyage on which she was proceeding when captured, were needed for legal purposes on that particular voyage.
ARTICLE X.
A vessel detained as before mentioned, together with her master, crew, and cargo, shall be forthwith proceeded against
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before the proper tribunals of the country to which she belongs, and shall be tried and adjudged by, and according to, the established forms and laws in force in that country; and if, in consequence of such proceedings, the said vessel shall be found to have been employed in the African Slave Trade, or to have been fitted out for the purposes thereof, the vessel and her equipments, and her cargo of merchandize, shall be confiscated; and the master, the crew, and the accomplices shall be dealt with conformably to the laws by which they have been tried.
If the said vessel shall be confiscated, the proceds[sic] arising from her sale shall, within six months from the date of such sale, be paid into the hands of the government of the country to which the captor belongs, to be distributed according to law among the officers and crew of the capturing ship.
ARTICLE XI.
If any of the things specified in Article IX of this treaty shall be found on board, or to have been on board, of any merchant vessel, during the voyage, on which the vessel was proceeding when captured, no compensation for losses, damages, or expenses, 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 person interested in her equipment or lading, even though sentence of condemnation should not be pronounced against her, in consequence of her detention.
ARTICLE XII.
In all cases in which a vessel shall, under this treaty, be detained as having been engaged in the African Slave Trade, or as having been fitted out for the purposes thereof, and shall be adjudged and confiscated accordingly, the government whose cruizer detained the vessel, or the government by whose tribunal the vessel may be condemned, may purchase the condemned vessel for the use of its navy, at a price to be fixed by a competent person, to be chosen for that purpose by the said tribunal, the government whose cruizer detained the condemned vessel having the first choice of purchasing her. But if the condemned vessel shall not be so purchased, the said vessel shall, immediately after the sentence of confiscation, be broken up entirely, and shall be sold in separate parts, after having been so broken up.
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ARTICLE XIII.
When a merchant vessel, detained under this treaty, shall, upon adjudication before the proper tribunal, be held not to have been engaged in the African Slave Trade, and not to be fitted up for the purposes thereof, she shall be restored to her lawful owner or owners; and if, in the course of adjudication, it shall be proved that she has been visited and detained illegaly, or without sufficient cause of suspicion; or if it shall be proved that the visit and detention have been attended with any abuse, or with vexatious acts, the commander of the cruizer, or the officer who shall have boarded the said vessel, or the officer who shall have been appointed to bring her in, and under whom (as the case may be) the abuse or vesatious acts shall have been committed, shall be liable to costs and damages to be paid 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 against the detained vessel, her master, crew, and cargo, shall have been instituted: and the government of the country to which the officer whose proceedings gave occasion for such award belongs, shall pay the amount of the said costs and damages within the period of one year from the date of the award.
ARTICLE XIV.
If in the visit or detention of a merchant vessel under this treaty, any abuse or vexation shall have been committed, and if the vessel shall not have been delivered over to the jurisdiction of her own nation, the master of the vessel shall make a declaration, on oath, of the abuses or vexations of which he has to complain, and of the costs and damages to which he lays claim; and this declaration shall be made to him before the competent authorities in the first port of his own country at which he may arrive, or before the Consular Agent of his own nation at a foreign port, if the vessel shall first proceed to a foreign port, where there is such an agent.
This declaration shall be confirmed by an examination, upon oath, of the principal persons among the crew or passengers, who have witnessed the visit or detention; and a formal statement of the whole shall be drawn up, and two copies thereof shall be delivered to the master, who shall forward one of them to his own government, in support of his claim for costs and damages.
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It is understood, that if any circumstances should unavoidably prevent the master from making this declaration, it may be made by the owner, or by any other person interested in the vessel and in her cargo.
On receiving, officially, a copy of the formal statement, above-mentioned, the Government of the country to which the officer so charged with abuses and vexations shall belong, shall forthwith institute an inquiry into the matter; and if the complaint be proved to be valid, the said government shall cause to be paid to the master or owner, or to any other person interested either in the vessel which has been molested, or in her cargo, the proper amount of costs and damages.
ARTICLE XV.
The high contracting parties engage, reciprocally, to communicate each to the other, when asked to do so, and free of expense, copies of proceedings instituted, and of judgments given, relative to vessels visited or detained in execution of the provisions of this treaty.
ARTICLE XVI.
The high contracting parties agree to ensure the immediate freedom of slaves who shall be found on board vessels detained and condemned in virtue of the stipulations of the present treaty; and, for this purpose, it is agreed that all slaves found on board a Texian vessel detained in the West Indies, shall, if the vessels be condemned by the Texian tribunals be delivered over by the Texian to the British authorities, to be conveyed, at the expense of the British government, to some one of the British colonies in the West Indies; and in regard to Texian vessels detained on the coast of Brazil, or on the coast of Africa, it is further agreed that, in order that any slave found on board such vessels may not be exposed to the sufferings which would attend a voyage to Texas, such slaves shall, notwithstanding any thing to the contrary in Articles VI and VII of this treaty, be carried or sent, at once, by the commander of the capturing cruizer, to one of the British settlements on the coast of Africa, the vessel herself being sent on to Galveston for adjudication.
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ARTICLE XVII.
The acts or instruments annexed to this treaty, and which it is mutually agreed shall form an integral part thereof, are as follows:--
A. Forms of warrants to authorize, and of orders to guide, the cruizers of either nation, in making visits and detentions under this treaty.
B. Instructions for the cruizers of the respective Navies, employed, under this treaty, to prevent the African Slave Trade.
ARTICLE XVIII.
The present treaty, consisting of eighteen Articles, shall be ratified, and the ratifications thereof shall be exchanged at London, in nine months from this date, or sooner if possible.
In witness whereof, the respective Plenipotentiaries have signed the same, and have affixed thereto the seals of their arms.
Done at London, the sixteenth day of November, in the year of our Lord one thousand eight hundred and forty.
J. HAMILTON. [L.S.]
PALMERSTON. [L.S.]
ANNEX A.
To the Treaty between the Republic of Texas and Great Britain, for the suppression of African Slave Trade, signed at London, November 16th, 1840.
FORM I.
Warrant in virtue of which a cruizer of either of the high contracting parties may visit and detain a merchant vessel belonging to, or bearing the flag of the other, and suspected of African Slave Trade, or of being fitted out for it.
Whereas, by a treaty between the Republic of Texas and Great Britain, signed at London, on the 16th. of November, 1840, for the total extinction of the African Slave Trade, it was
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stipulated that certain cruizers belonging to the said countries respectively, shall be authorized, under the special instructions thereto annexed, to visit and detain, within particular limits, merchant vessels of the other contracting party, engaged in the African Slave trade, or suspected of being fitted out for that traffic: and
Whereas, the Government of ------------ has thought fit that the vessel you command shall be one of the ---------- cruizers furnished with the said special instructions, and you will accordingly receive instructions from the said Government for your guidance on the said service;
You are, therefore, authorized and empowered, by virtue of those instructions, and of this present warrant, to visit merchant vessels under the ------- flag, suspected of being engaged in the African Slave Trade, within the limits set forth in the second article of the aforesaid treaty, and to deal with such vessels as shall have engaged in the African Slave Trade, or shall be suspected of being fitted out for that traffic, as pointed out in the said treaty, and in the instructions thereunto annexed.
Given under our hands, and the seal of the Office of Admiralty, this ------ day of -------- 18---.
(Signature.)
To the Commander of the ---------- ship,
the "-----------"
FORM II.
Order for the guidance of the commander of the cruizer of either of the high contracting parties, in visiting and detaining a merchant vessel belonging to, or bearing the flag of the other.
Whereas, by a treaty between the Republic of Texas and Great Britain, signed at London, on the 16th. of November, 1840, for the total extinction of the African Slave Trade, it was stipulated that certain cruizers belonging to the said countries respectively, should be authorized, under the special instructions thereto annexed, to visit and detain, within particular limits, merchant vessels of the other contracting party, engaged in the African Slave Trade, or suspected of being fitted out for that traffic: and
Whereas, we think fit that the vessel you command shall be one of the ------------ cruizers furnished with the said special instructions:
We, herewith, transmit to you a copy of the said treaty, and of the instructions thereto annexed; and you are accordingly
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authorized and empowered, by virtue of this present order, and of the accompanying warrant from the Government of --------, to visit, within the limits set forth in the second article of the aforesaid treaty, merchant vessels under the ---------- flag, suspected of being engaged in the African Slave Trade, and to deal with such vessels as shall have engaged in the said traffic, or shall be suspected of being fitted out for that traffic, in the manner pointed out in the said treaty, instructions and warrant; and we charge and require you to conform most strictly to all the provisions and stipulations contained therein, taking care to exercise the authority so conferred upon you in the mildest manner, and with every attention which is due between allied and friendly nations, and to co-operate cordially with the commanders of any -------------- vessels of war employed in the same service.
Given under our hands, the ------ day of --------- 18---.
(Signature.)
To the Commander of the ----------- ship,
the "---------"
These forms of warrants and orders shall be annexed to the treaty signed this day between the Republic of Texas and Great Britain, for the suppression of African Slave Trade, and shall be considered as an integral part of that treaty.
In witness whereof, the respective plenipotentiaries have signed the present annex, and have affixed thereto the seals of their arms.
Done at London, the sixteenth day of November, in the year of our Lord one thousand eight hundred and forty.
J. HAMILTON, [L.S.]
PALMERSTON, [L.S.]
ANNEX B.
To the Treaty between the Republic of Texas and Great Britain, for the suppression of the African Slave Trade; signed at London, November 16th, 1840.
INSTRUCTIONS TO CRUIZERS.
First.--Whenever a merchant vessel belonging to, or bearing the flag of either of the high contracting parties to the treaty of this date, shall be visited by a cruizer of the other, the officer commanding the cruizer shall, before he proceeds to the visit, exhibit to the master of such vessel, the special orders which confer upon him, by exception, the right to visit her; and he
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shall deliver to such master a certificate signed by himself, specifying his rank in the navy of his country, with the name of the ship which he commands, and declaring that the only object of his visit is to ascertain whether the vessel is engaged in the African Slave Trade, or is fitted out for the purpose of such traffic, or has been engaged in the said traffic during the voyage in which she is met with by the said cruizer. When the visit is made by an officer to the cruizer other than her commander, such officer shall not be under the rank of lieutenant in the navy, unless he be the officer who, at the time is second in command of the ship by which the visit is made; and, in these cases, such officer shall exhibit to the master of the merchant vessel a copy of the special orders above mentioned, signed by the commander of the cruizer: and shall likewise deliver to such master, a certificate, signed by himself, specifying the rank which he holds in the navy of his country, the name of the commander under whose orders he is acting, the name of the cruizer to which he belongs, and the object of his visit, as herein before recited.
If it shall be ascertained by the visit, that the ship's papers are regular, and her proceedings lawful, the officers shall certify upon the log-book of the vessel, that the visit took place in virtue of the special orders, above mentioned; and these formalities having been completed, the vessel shall be permitted to continue her course.
Secondly.--If, in consequence of the visit, the officer commanding the cruizer shall be of opinion that there are sufficient grounds for believing that the vessel is engaged in the African Slave Trade, or has been fitted out for that traffic, or has been engaged in that traffic during the voyage in which she is met with by the cruizer; and if he shall, in consequence, determine to detain her, and to have her delivered up for adjudication, he shall forthwith cause a list to be made out, in dpulicate[sic], of all the papers found on board; and he shall sign this list and the duplicate, adding, after his own name, his rank in the navy, and the name of the vessel under his command.
He shall, in like manner, make out and sign, in duplicate, a declaration, stating the place and time of the detention, the name of the vessel, and that of her master, the names of the persons composing her crew, and the number and condition of the slaves found on board.
This declaration shall further contain an exact description of the state of the vessel and of her cargo.
Thirdly.--The commander of the cruizer shall, without
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delay, carry or send this detained vessel, with her master, crew, passengers, cargo, and the slaves found on board, to one of the ports or places hereinafter specified, in order that the proceedings may be instituted in regard to them, conformably to the laws of the country under whose flag the vessel is sailing; and he shall deliver the same to the competent authorities or to the persons who shall have been specially appointed for that purpose, by the Government within whose territory such port or place shall be.
Fourthly.--No person whatever shall be taken out of the detained vessel; nor shall any part of her cargo, nor any of the slaves found on board, be removed from her until after such vessel shall have been delivered over to the authorities of her own nation--excepting in the cases otherwise provided for in the treaty to which these instructions form an annex, or in the present instructions; or unless the removal of the whole, or of part, of the crew, or of the slaves found on board, shall be deemed necessary, either for the preservation of their lives, or from any other consideration of humanity, or for the safety of the persons who shall be charged with the navigation of the vessel after her detention. In any such case, the commander of the cruizer, or the officer appointed to bring in the detained vessel, shall make a declaration of such removal, in which he shall specify the reasons for the same; and, except as otherwise provided for with respect to slaves in the said treaty, or in these instructions, the master, sailors, passengers, or slaves so removed, shall be carried to the same port or place as the vessel and her cargo; and they shall be received in the same manner as the vessel, agreeably to the regulations hereinafter set forth.
Fifthly:--All Texian vessels which shall be detained by the cruizers of Great Britain in consequence of being engaged in the African Slave Trade, shall be carried and delivered up to the Texian jurisdiction at Galveston. But any slaves found on board of Texian vessels detained on the coast of Brazil, or on the coast of Africa, whether by a British or by a Texian cruiser, under the treaty to which these instructions form an annex, shall at once be carried or sent by the commander of the capturing cruizer, to one of the British settlements on the coast of Africa. And any slaves found on board of Texian vessels detained in the West Indies, whether by a British or Texian cruizer, under the treaty to which these instructions form an annex, shall, together with the vessels so detained, be carried and delivered up to the Texian authorities at Galveston to be disposed of, after adjudication, according to the provisions of the said treaty.
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All British vessels which shall be detained by the cruizers of Texas, in consequence of being engaged in the African Slave Trade, shall, together with the slaves found on board be carried and delivered up to the British jurisdiction at Bathurst on the river Gambia, if taken off the coast of Africa; or at Port Royal in Jamaica, if taken in the West Indies.
Sixthly:--As soon as a merchant vessel, which shall have been detained as aforesaid, shall arrive at one of the ports or places above mentioned, the commander of the cruizer, or the officer appointed to bring in such detained vessel, shall forthwith deliver to the authorities duly appointed for that purpose by the Government within whose territory such place shall be, the vessel and her cargo, together with the master, crew and passengers, and the slaves found on board, unless such slaves shall have been carried or sent to another port or place, as hereinbefore directed, and also the papers which shall have been seized on board the vessel, and one of the duplicate lists of the said papers, retaining the other in his own possession, such officer shall at the same time deliver to the said authorities, one of the declarations made out in duplicate, as hereinbefore specified, adding thereto a statement of any changes which may have taken place, form the time of the detention of the vessel to that of the delivery, as well as a copy of the statement of any removals which may have taken place as above provided for.
In delivering over these several documents, the officers shall make, in writing, and on oath, an attestation of their truth.
Seventhly:--If the commander of a cruizer of either of the high contracting parties, who shall be duly furnished with the aforesaid special instructions, shall have reason to suspect that a merchant vessel, sailing under convoy of, or in company with, a ship of war of the other party, is engaged in the African Slave Trade, or has been fitted out for the purpose of that traffic, or has been engaged in the said traffic during the voyage in which she is met with by the said cruizer, he shall confine himself to communicating his suspicions to the commander of the ship of war, and he shall leave it to the latter to proceed alone to visit the suspected vessel, and to deliver her up to the jurisdiction of her own country, if there should be cause for doing so.
These instructions shall be annexed to the treaty signed this day between the Republic of Texas and Great Britain, for the suppression of African Slave Trade, and shall be considered as an integral part of that treaty.
In witness whereof, the respective Plenipotentiaries have signed the present annex, and have affixed thereto the seals of their arms.
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Done at London, the sixteenth day of November, in the year of our Lord one thousand eight hundred and forty.
J. HAMILTON, [L.S.]
PALMERSTON, [L.S.]
And whereas, the said Treaty as well as the forms of Warrants and Instructions thereto annexed, have been ratified on both parts, and the respective ratifications of the same exchanged at London, on the twenty-eighth day of June, one thousand eight hundred and forty-two, by Ashbel Smith, Minister Charge' d'Affaires of the Republic of Texas, and the Earl of Aberdeen, Her Majesty's Secretary of State for Foreign Affairs, on the part of their respective Governments:
Now, therefore, be it known, that I, SAM. HOUSTON, President of the Republic of Texas, have caused the said Treaty and forms of Warrants and Instructions to cruizers, to be made public, to the end that the same, and every clause and article contained therein may be observed and fulfilled with good faith by the Republic of Texas, and the citizens thereof.
In witness whereof, I have caused the Great Seal of
the Republic to be affixed, and hereunto set my
[L.S.] hand. Done at the City of Houston, the sixteenth
day of September, in the year of our Lord one
thousand eight hundred and forty-two, and of the
Independence of Texas the seventh.
SAM. HOUSTON.
By the President:
JOSEPH WAPLES,
Acting Secretary of State.
Source Copy Consulted: "By the President of the Republic of Texas, PROCLAMATION," September 16, 1842, reprinted in H.P.H. Gammel, The Laws of Texas, 1822-1897, 12 vol., (Austin: Gammel Book Co., 1898), 2:889-904. http://texinfo.library.unt.edu/lawsoftexas