Art. VI. Provides that in cases of capture by the officer of either party, on a station where no national vessel is cruising, the captor shall either send or carry his prize to some convenient port of its own country for adjudication, etc.
Art. VII. Provides that the commander and crew of the captured vessel shall be proceeded against as pirates, in the ports to which they are brought, etc.
Art. VIII. Confines the Right of Search, under this treaty, to such officers of both parties as are especially authorized to execute the laws of their countries in regard to the slave-trade. For every abusive exercise of this right, officers are to be personally liable in costs and damages, etc.
Art. IX. Provides that the government of either nation shall inquire into abuses of this Convention and of the laws of the two countries, and inflict on guilty officers the proper punishment.
Art. X. Declares that the right, reciprocally conceded by this treaty, is wholly and exclusively founded on the consideration that the two nations have by their laws made the slave-trade piracy, and is not to be taken to affect in any other way the rights of the parties, etc.; it further engages that each power shall use its influence with all other civilized powers, to procure from them the acknowledgment that the slave-trade is piracy under the law of nations.
Art. XI. Provides that the ratifications of the treaty shall be exchanged at London within twelve months, or as much sooner as possible. Signed by Mr. Rush, Minister to the Court of St. James, March 13, 1824.
The above is a synopsis of the treaty as it was laid before the Senate. It was ratified by the Senate with certain conditions, one of which was that the duration of this treaty should be limited to the pleasure of the two parties on six months’ notice; another was that the Right of Search should be limited to the African and West Indian seas: i.e., the word “America” was struck out. This treaty as amended and passed by the Senate (cf. above, p. 141) was rejected by Great Britain. A counter project was suggested by her, but not accepted (cf. above, p. 144). The striking out of the word “America” was declared to be the insuperable objection. Senate Doc., 18 Cong. 2 sess. I. No. 1, pp. 15-20; Niles’s Register, 3rd Series, XXVI. 230-2. For proceedings in Senate, see Amer. State Papers, Foreign, V. 360-2.
1824, March 31. [Great Britain: Slave-Trade made Piracy.
“An Act for the more effectual Suppression of the African Slave Trade.”
Any person engaging in the slave-trade “shall be deemed and adjudged guilty of Piracy, Felony and Robbery, and being convicted thereof shall suffer Death without Benefit of Clergy, and Loss of Lands, Goods and Chattels, as Pirates, Felons and Robbers upon the Seas ought to suffer,” etc. Statute 5 George IV., ch. 17; Amer. State Papers, Foreign, V. 342.]