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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 stareh, 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 :
Pirst. 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
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.
W. H. Gage.
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 onder your orders to pay strict attention to this duty.
The occasions upon which it may be convenient for a vessel under your orders to cruize in company with a vessel of the United States, will depend on circumstances which can best be jedged 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.
when the latter are separated from a Senior Officer, and provided that the adoption of such a course will not interfere with their instructions from you. The system of joint 'cruizing should be adopted, whenever, in the judgment of the Officers of both Nations, it can be done with advantage ; and under any such arrangement, the Commanding Officers of Her Majesty's ships on the African station will continue to be guided by the Instructions under which they act when cruizing singly, so far as: relates to the visit, search, and detention of vessels belonging to nations with whom Great Britain has concluded Treaties for the suppression of Slave Trade, and of vessels not entitled to claim the protection of the flag of any nation.
But in the event of meeting with a vessel believed to be British, and suspected of being engaged in the Slave Trade, the Commander of the British cruizer will invite the Commander of the cruizer of the United States to join him in visiting her. So also in the case of a vessel hoisting British colours, and suspected of having no right to carry them. If, on the other hand, a vessel should appear under the colours of the United States, and if the British Commander should not have reason to believe that she is other than a vessel of the United States, he will carefully abstain from all interference with her, unless his co-operation shall be requested by the Commander of the United States' cruizer.
It is only when the British Commander shall have reason to believe that the United States' Flag is dishonestly used, and that the vessel is engaged in the Slave Trade, and either is British, or belongs to a nation which has given to Great Britain the right to detain her vessels when so engaged, that he is, in co-operation with the Officer of the United States, to cause her to be visited and dealt with according to her nationality.
In carrying this part of his Instructions into execution, he will do right to leave the Commander of the United States cruizer to take the first step of visiting the vessel, and ascertaining whether she is entitled to bear the Flag of his country; provided that in so doing no such delay is incurred as may enable her to escape altogether unvisited.
The Commanding Officers of Her Majesty's vessels on the African station are to bear in mind, that it is no part of their duty to capture, or visit, or in any way to interfere with vessels of the United States, whether those vessels shall have Slaves on board or not; and you will give strict instructions to the Commanding Officers of the vessels under your orders, to abstain therefrom ; at the same time, you will remember, that the Government of the United States are far from claiming that the Flag of the Union should give immunity to those who have no right to bear it; and that, most assuredly, Great Britain never will allow vessels of other nations to escape visit and examina
tion by merely hoisting an United States' Flag, or the Flag of any other nation which has not granted to Great Britain the Right of Search. Accordingly, when from intelligence which the Officer commanding Her Majesty's cruizer may have received, or from the man@uvres of the vessel, or other sufficient cause, he may have reason to believe that the vessel does not belong to the nation indicated by her colours, he is, if the state of the weather will admit of it, to go a-head of the suspected vessel, after communicating his intention by hailing, and to drop a boat on board of her to ascertain her nationality, without causing her detention, in the event of her really proving to be a vessel of the nation, the colours of which she has displayed, and, therefore, one which he is not authorized to search ; but should the strength of the wind, or other circumstance, render such mode of visiting the stranger impracticable, he is to require the suspected vessel to be brought-to, in order that her nationality may be ascertained, and he will be justified in enforcing it, if necessary; understanding always, that he is not to resort to any coercive measure until every other shall have failed ; and the Officer wbo boards the stranger is to be instructed, merely in the first instance to satisfy himself by the vessel's papers, or other proof, of her nationality, and if she prove really to be a vessel of the nation designated by her colours, and one which he is not authorized to search, he is to lose no time in quitting her, offering to note on the papers of the vessel the cause of his having suspected her nationality, as well as the number of minutes the vessel was detained (if detained at all) for the object in question ; such notation to be signed by the boarding Officer, specifying his rank, and the name of Her Majesty's cruizer; and, whether the Commander of the visited vessel consents to such notation on the vessel's papers or not (and it is not to be done without his consent), all the said particulars are to be immediately inserted in the log-book of Her Majesty's cruizer; and a full and complete statement of the circumstances is to be sent, addressed to the Secretary of the Admiralty, by the first opportunity, direct to England, and also a similar statement to you as the Senior Officer on the station, to be forwarded by you to our Secretary, accompanied by any remarks you may have reason to make thereon.
Of course in cases when the suspicion of the Commander turns out to be well-founded, and the vessel boarded proves, notwithstanding her colours, not to belong to the nation designated by those colours, the Commander of Her Majesty's cruizer will deal with her as he would have been authorized and required to do, had she not hoisted a false flag. Given under our hands, this 12th day of June, 1844.
W. H. GAGE, By command of their Lordships,