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ON FOREIGN
SLAVE
TRADE.

Boats found in waters not within the recognized jurisdiction of a
CARRYING foreign civilized State, and actually engaged in carrying Slaves,
SO* for the export traffic, are to be stopped, and Slaves in them

intended for the traffic, are to be taken to a British colony to be
liberated; but the native crews belonging to such vessels or
boats are not to be subjected to any ill-treatment, and are to be
permitted to proceed with their vessels or boats and other pro-
perty, whither they please.
Given under our hands, this 12th day of June, 1844.

G. COCKBURN.

W. H. GAGE.
By command of their Lordships,

SIDNEY HERBERT.

SECTION 3rd.

Instructions for Commanders of Her Majesty's Ships and Vessels,

with respect to British Vessels in British waters, on the high seas, and within Foreign jurisdiction, and to Foreign Vessels

in British waters. By the Commissioners for executing the Office of Lord High

Admiral of the United Kingdom of Great Britain and

Ireland, &c. AUTHORITY. 1. The Act of the 5th of Geo. IV., cap. 113, and the Act of

the 6th and 7th Victoria, cap. 98, are the Statutes by which you will be governed in respect to Slave Trade carried on by British vessels, or by Foreign vessels in British waters.

cap. 113.

OFFENCES 2. Sections 1 to 12, and section 43 of the 5th of Geo. IV. AGAINST THE apply to the duties which you have to perform under that STATUTKS.

*. Statute; to these sections, therefore, your attention must be parAct 6 Geo. 4, ticularly directed.

By the 1st section all previous Statutes relating to the Slave Trade are repealed.

By the 2nd section, Slave Trade, as therein described, is prohibited.

By the 3rd and subsequent sections to the 11th inclusive, particular acts of Slave Trade and their penalties are enumerated.

To constitute the offence prohibited by the 7th section, it is not sufficient that the money, goods, or effects, of British subjects, be shipped or received on board, and afterwards employed in the Slave Trade, but to bring the act within the Statute as an offence, the person who ships, or the person who receives on board, the money, goods, or effects, must be conscious that they are to be so employed.

The term i engaged in Slave Trade," whenever used in this present Instruction, is meant to express the committing of any of the acts prohibited by the 2nd and subsequent sections to the 11th inclusive.

By the 12th section, jurisdiction is given to Vice-Admiralty Courts in cases of forfeiture and penalties under the Statute.

By the 43rd section authority is given to every Officer of Her Majesty's Navy to seize vessels and Slaves, or persons dealt with as Slaves, and goods, monies, or effects subject to forfeiture under the Statute.

3. By the Act of the 6th and 7th Vict. cap. 98, all persons Act 6 & 7 holden in servitude as pledges for debt, and commonly called Vict. cap. 98. "pawns," or by what other name called or known, are to be deemed Slaves, or persons intended to be dealt with as Slaves.

4. These Statutes apply to acts done by British subjects British everywhere; but acts done by Foreigners can only be dealt with SUBJECTS as criminal under these Statutes, when such Foreigners are taken or found within British jurisdiction, or on board British vessels.

AND FO-
RRIGXERS.

5. Articles of equipment for Slave Trade, although not ex- EQUIPMENT pressly described in these Statutes, will be primâ facie evidence for Slave

TRADE. of a British vessel being engaged in Slave Trade: and the Commissioners of Her Majesty's Customs require a bond from the owners of all British vessels entering outwards with casks or vessels intended to contain palm oil, specifying that such casks or vessels are solely intended for palm oil, or for other purposes of lawful commerce; and a custom-house certificate will be given to the masters of vessels for which bonds may have been so entered into.

6. By these Statutes, you are authorized to search any British DETENTION. vessel met with on the high seas, in British waters, or in waters not belonging to any recognized State, if you have reason to suspect that she is engaged in the Slave Trade contrary to the Statutes; and if the suspicion is confirmed, you are authorized to detain her.

But if such a vessel is found within the ports or territorial jurisdiction of a foreign State, she must not be seized, save by the permission of the Government of that State. Should such a case arise, it will be your duty to ask permission from the foreign Government, and in case the permission be granted, then to seize and send in the vessel as before mentioned; but if the permission be refused, then, so long as the vessel remains within such foreign jurisdiction, you must confine yourself to reporting the circumstances to the Senior Officer.

- A Foreign vessel in British waters may be seized by Her Majesty's Officers for being engaged in the Slave Trade contrary to the Statutes.

TAKING IN 7. When a vessel is seized under these Statutes, anywhere FOR A DJUDI- but in the British seas, she is to be taken to the nearest and CATION.

most convenient Court of Vice-Admiralty for adjudication; and, with respect to proceedings at the Port of Adjudication, you are in such cases to be governed by the Instructions, Section 1st.

If the vessel be taken in the British Seas, you will report the capture to the Lords Commissioners of the Admiralty, and await further instructions.

CREW OF
THE DE-
TAINED
VESSEL.

8. The Master, Supercargo, and crew of a British Slavevessel, are criminals by the Law of Great Britain, and you will be responsible for their safe custody. It will be your duty to take the proper measures for delivering the whole of them over to the Civil Power, taking care to furnish also the witnesses necessary to prove the facts.

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9. Her Majesty's Officers must recollect that, while they are to use their utmost endeavours to prevent any participation in the Slave Trade by vessels subject to the Laws of Great Britain, the discretionary authority with which they are invested for this purpose must never be exercised with unnecessary severity: and that in the event of any Officer using his power in a wanton or unwarrantable manner, he will incur the serious displeasure of Her Majesty's Government, and will be liable to a prosecution by the aggrieved parties in the Civil Courts of Law; and in the event of his having detained a vessel improperly, he will be personally liable to an award of heavy damages in a Court of ViceAdmiralty. Given under our hands, this 12th day of June, 1844.

G. COCKBURN.

W. H. GAGE.
By command of their Lordships,

SIDNEY HERBERT.

SECTION 4th.

Instructions for Commanders of Her Majesty's Ships and Vessels,

with respect to Vessels not justly entitled to claim the protection of the Flag of any State or Nation.

By the Commissioners for executing the Office of Lord High

Admiral of the United Kingdom of Great Britain and
Ireland, &c.

1. By the Statutes of the 2nd and 3rd Victoria, cap. 73, and of the 5th and 6th Victoria, cap. 114, it is enacted, that Her Majesty's Officers may, under an Order from the Lords Commissioners of the Admiralty, or from one of Her Majesty's

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 80 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.

W. H. GAGE. 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 evadc 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 frandulently 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,

First. That the vessel is British property; or

Secondly. That the vessel is not justly entitled to claim thel: 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.

V1817.

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.

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