Secretaries of State, seize vessels engaged in Slave Trade, in cases where such vessels are not justly entitled to claim the protection of the Flag of any State or Nation: and, under the same Statutes, the High Court of Admiralty and all Courts of Vice-Admiralty are authorized to adjudicate upon vessels so seized. You will, therefore, when furnished with an Order, as aforesaid, proceed to carry the Statutes into effect accordingly. 2. You may detain vessels described in the preceding Article wherever you meet with them, except within the jurisdiction of a foreign recognized State. 3. Any proof of Slave-Trading which would justify the detention of a British vessel, will also authorize you to detain a vessel of this description; and according to the 4th section of the first-named Statute, if, in the equipment of such vessel, or on board of her, there shall be found any of the things therein enumerated, the vessel is to be seized by you and brought to adjudication. 4. When a vessel is seized by you under these Statutes, you are to send in with her a copy, verified by your signature, of the Order furnished to you to carry the Statutes into effect, and that copy is to be delivered by the Officer in charge to the Court before which the case is to be adjudicated. 5. In all proceedings with respect to the visit, search, and detention of vessels not justly entitled to claim the protection of the Flag of any State or Nation, you will follow the Instructions laid down in Section 1st. Given under our hands, this 12th day of June, 1844. G. COCKBURN. By command of their Lordships, SIDNEY HERBERT. SECTION 5th. Instructions for Commanders of Her Majesty's Ships and Vessels, with respect to Vessels suspected of hoisting a Flag to which they are not legally entitled, in order to evade seizure by Her Majesty's Ships. By the Commissioners for executing the Office of Lord High Admiral of the United Kingdom of Great Britain and Ireland, &c. 1. WHEN you meet with a vessel in any place not within the jurisdiction of any recognized foreign State, and suspect her of fraudulently assuming a Flag to which she is not entitled, and of being engaged in the Slave Trade, you will proceed to visit her, provided there be sufficient cause to believe,— VISIT. First. That the vessel is British property; or Secondly. That the vessel is not justly entitled to claim the protection of the Flag of any State or Nation; or Thirdly. That the vessel belongs to a foreign State with which Great Britain has concluded a Treaty for the suppression of the Slave Trade, and granting the Right of Search. In the last case it will be necessary that the vessel should be found within the limits of search prescribed by the Treaty, and that you should be in possession of authority to search under the Treaty. 2. On meeting with a vessel to which these Instructions apply, you are, if the state of the wind and weather admit, to communicate your intention to visit, by hailing, and then cause your ship to go a-head of the suspected vessel, and drop a boat on board of her, to ascertain her national character; so that, in the event of her proving really to be a vessel of that foreign State whose Flag she bears, and not liable to be detained, and searched under Treaty, she may not be delayed in the prosecution of her voyage. 3. If the strength of the wind or other circumstances should render such mode of visit impracticable, you are to require the suspected vessel to be brought-to, for the purpose of ascertaining her national character, and, if necessary, you will be justified in enforcing this; understanding always that you are not to resort to any coercive measure, until every other means of effecting the visit shall have failed. 4. If you do not visit the suspected vessel in person, you are to entrust that duty to an Officer not under the rank of Lieutenant in the Royal Navy, unless such Officer be second in command of Her Majesty's ship; and you must be careful not to commit this duty to any Officer on whose judgment and discretion you cannot place full reliance. 5. The visiting Officer is to be accompanied by another Officer to whom directions are to be given, to observe carefully everything occurring during the visit, in order to give his testimony respecting the same. 6. If the visiting Officer, on boarding the vessel, is at once satisfied by circumstances, that she is entitled to the Flag she bears, and not liable to be detained in virtue of Treaty, he is immediately to quit her. If not so satisfied, he will require to see her papers, and, if necessary, enforce the production of them; making what further enquiries may be requisite, but without searching the cargo. If by the examination of the papers, or other proofs, he is satisfied that the Flag is genuine, and the vessel not liable to be detained in virtue of Treaty, he is likewise in this case immediately to quit her. On leaving the vessel, he will always offer to note on her log-book the cause of suspecting her national character, the duration of the delay, if any delay took place, the date and place of visit, and the name of Her Majesty's ship and of the Commander; and he will sign this note, adding his rank in the Navy. This entry, however, is not to be made without the consent of the Master of the vessel. 7. If the investigation made as before directed should afford SEARCH. sufficient grounds for concluding that the Flag has been fraudulently assumed, you will, if the visit be made by you in person, proceed to search the vessel and cargo. If the visit be made, not by you, but by an Officer under your directions, the visiting Officer will immediately report the fact to you, and if you agree in this conclusion, you will order the vessel and cargo to be searched. The visiting Officer will not, without such order, proceed to search, excepting when you have specially given him discretionary authority so to do. 8. It will be the duty of the Officer making the search to ascertain in the first instance, Whether the vessel is amenable to his authority as British, or as not entitled to any Flag, or by virtue of Treaty. If this preliminary examination shall satisfy the Officer, that the vessel is British, or not entitled to any Flag, or that she may be liable to detention by Her Majesty's ship in virtue of Treaty, he will then prosecute a further search, for the purpose of ascertaining whether she is engaged in the Slave Trade. These investigations are not to be proceeded in one step after it shall have been ascertained that the vessel cannot be legally detained by the visiting ship; as soon as that fact is ascertained, she must be allowed to proceed on her voyage forthwith. 9. In order to justify detention the vessel must not only be DETENTION. amenable to the authority of Her Majesty's ship, but must also be liable to seizure as being engaged in Slave Trade. Therefore no vessel can be seized under the following circumstances: First. Though she may have fraudulently assumed a Flag, if there be not sufficient evidence that she is engaged in the Slave Trade. Secondly. Though fraudulently assuming a Flag and engaged in the Slave Trade, if she belong to a country with which Great Britain has not entered into a Treaty granting right of search and capture for the suppression of the Slave Trade. Thirdly. Though fraudulently assuming a Flag, and engaged in the Slave Trade, and belonging to a State with which Great Britain has such a Treaty, if she be met with out of the limits prescribed by that Treaty. Fourthly. Though fraudulently assuming a Flag, and engaged in the Slave Trade, and also belonging to a State with which Great Britain has such a Treaty, and found within the limits prescribed therein, if Her Majesty's ship has not due authority to act under the Treaty. 10. In case you shall have discovered that the vessel assum REPORT. ing a Flag fraudulently, is amenable to your authority, and that there is reason to suppose she is engaged in the Slave Trade, you will carefully examine the Treaty or Law under which she would be adjudicated if you detained her, and will consider whether the evidence of Slave Trade be sufficient by such Treaty or Law to justify seizure. If the vessel be British property, you will refer for your guidance to the Act of the 5th Geo. IV, cap. 113, and to the 6th and 7th Vict., cap. 98, and Section 3rd of these Instructions. If the vessel be not entitled to the Flag of any State, you will refer to the Act of the 2nd and 3rd of Victoria, cap. 73, and Section 4th of these Instructions. If the vessel belong to a Nation which has concluded with Great Britain a Treaty for the suppression of the Slave Trade, you will refer to that Treaty and the Instructions thereon. Upon finding that the evidence is sufficient, you will seize her, and send her in for Adjudication to the proper Port, governing yourself strictly in all your proceedings, by the rules and regulations laid down for your guidance, according to the case. 11. In all cases in which visit has been made on the suspicion of the fraudulent assumption of a Foreign Flag, a statement of the circumstances which have attended the performance of the duty is to be immediately drawn up by the visiting Officer, and entered on the log of Her Majesty's ship, and signed by him. The Officer who accompanied the visiting Officer, as hereinbefore directed, is also immediately to draw up in detail and deliver to you a statement of all the circumstances that took place. Each of these statements is to set forth whether any complaint was made by persons on board the vessel visited; and if such complaint were made, the particulars thereof are to be inserted, with any observation which may be considered necessary. 12. In all cases of vessels visited under this Instruction, you will, whether the vessel be detained or not, send a full statement of all the particulars to the Senior Officer of the station, and a duplicate thereof to the Secretary to the Admiralty, by the first opportunity. 13. You will incur the serious displeasure of Her Majesty's Government if you proceed to exercise your authority without reasonable grounds of suspicion; or if, in the execution of your duty, you shall exceed or depart from this Instruction. Given under our hands, this 12th day of June, 1844. By command of their Lordships, G. COCKBURN. SIDNEY HERBERT. SECTION 6th. Instructions for the Senior Officer of Her Majesty's Ships and Vessels on the West Coast of Africa, with respect to the Treaty with the United States of America, signed at Washington on the 9th of August, 1842. By the Commissioners for executing the Office of Lord High Admiral of the United Kingdom of Great Britain and Ireland, &c. WE transmit to you herewith an extract from the Preamble of a Treaty between Her Majesty and the United States of America, dated the 9th of August, 1842, and a copy of Article VIII thereof, by which it is stipulated, that the Contracting Parties shall each maintain on the coast of Africa a naval force of not less than eighty guns, for the purpose of enforcing, separately and respectively, the laws, rights, and obligations of each country for the suppression of Slave Trade; that the two squadrons are to be independent of each other, but that the Officers in command shall receive such orders from their respective Governments as shall enable them to act in concert, and cooperate with each other; and we desire that you will take every opportunity, and use your utmost efforts to carry out the objects of the Treaty as here described; remembering that it is for this purpose, above all others, that Her Majesty's ships upon the west coast of Africa are placed under your command. With this view, you are to take the earliest opportunity of putting yourself in communication with the Senior Officer of the United States' squadron, for the purpose of coming to such an understanding as may best conduce to the end which your respective Governments have in view. It will be the duty of yourself and of the Commanding Officers of Her Majesty's ships under your orders, upon all occasions to communicate to the Officers of the United States any information which may be of service in detecting the frauds of the Slave Traders, and especially to give notice of any vessel supposed to belong to the United States, and suspected of being engaged in the Slave Trade, which may be met with or heard of in the course of a cruize; and you will give directions to the Officers under your orders to pay strict attention to this duty. The occasions upon which it may be convenient for a vessel ander your orders to cruize in company with a vessel of the United States, will depend on circumstances which can best be judged of on the spot, and must be left to your own decision, or to that of the Commanding Officers of vessels under your orders, * See Appendix to Section 6th. |