ther of them having any wish to appropriate territory which may lawfully belong to the other, have consented to refer their respective claims to the arbitration of a third Power in whom both repose confidence.

For this purpose they have agreed to apply to the President of the United States of America and it now becomes necessary to place on record certain terms and arrangements with a view to obtaining the speedy and convenient hearing and determination of the claims in question; and the unidersigned, the Marquis de Sà da Bandeira, a peer of the realm, President of the Council of Ministers, Minister and Secretary of State of War and ad interim Minister for Foreign Affairs of His Most Faithful Majesty, and the Honourable Sir Charles A. Murray, knight commander of the Bath, etc., and Her Britannic Majesty's Envoy Extraordinary and Minister Plenipotentiary at the Court of Lisbon, being duly authorised by their respective Governments, have agreed as follows:

ART. I. The respective claims of His Most Faithful Majesty's Government and of the Government of Her Britannic Majesty to the island of Bulama, on the western coast of Africa, and to a certain portion of territory opposite to that island on the mainland shall be submitted to the arbitration and award of the President of the United States of America, who shall decide thereupon finally and without appeal.

ART. II. The award of the President of the United States, whether it be wholly in favour of the claim of either party, or in the nature of an equitable solution of the difficulty, shall be considered as absolutely final and conclusive; and full effect shall be given to such award without any objection, evasion or delay whatsoever. Such decision shall be given in writing and dated; it shall be in whatsoever form the President may choose to adopt: it shall be delivered to the Ministers or other Public Agents of Portugal and of Great Britain, who may be actually at Washington and shall be considered as operative from the day of the date of the delivery thereof.

ART. III. The written or printed case of each of the two parties accompanied by the evidence offered in support of the same shall be laid before the President within 6 months from the date hereof and a copy of such case and evidence shall be communicated by each party to the other, through their respective Ministers at Washington. After such communication shall have taken place, each party shall have the power of drawing up and laying before the President a second and definitive statement, if it think fit to do so, in reply to the case of the

other party so communicated, which definitive statement shall be also laid before the Arbiter, and also be mutually communicated, in the same manner as aforesaid, by each party to the other within 5 months from the date of laying the first statement of the case before the Arbiter. ART. IV. If in the case submitted to the Arbiter, either party shall specify or allude to any report or documents in its own exclusive possession without annexing a copy, such party shall be bound, if the other party thinks proper to apply for it, to furnish that party with a copy thereof, and if the Arbiter should desire further elucidation or evidence with regard to any point contained in the statements laid before him, he shall be at liberty to require it from either party, and he shall be at liberty to hear one counsel or agent for each party, in relation to any matter which he shall think fit; and at such time, and in such manner as he may think fit.

ART. V. The Ministers or other Public Agents of Portugal and of Great Britain at Washington respectively shall be considered as the Agents of their respective Governments to conduct their case before the Arbiter who shall be requested to address all his communications and give all his notices to such Ministers or other Public Agents, whose acts shall bind their Governments to and before the Arbiter on this matter.

ART. VI. It shall be competent to the Arbiter to proceed in the said Arbitration and all matters relating thereto, as and when he shall fit either in person or by a person or persons named by him for that purpose, either with closed doors or in public sitting, either in the presence or absence of either or both Agents and either viva voce or by written discussion or otherwise.

ART. VII. The Arbiter shall, if he think fit, appoint a secretary registrar, or clerk, for the purposes of the proposed arbitration, at such rate of remuneration as he shall think proper. This and all other expenses of, and connected with the said arbitration shall be provided for as herein after stipulated.

ART. VIII. The Arbiter shall be requested to deliver, together with his award, an account of all the costs and expenses which he may have been put to, in relation to this matter, which shall forthwith be repaid in two equal portions, one by each of the two parties.

ART. IX. The Arbiter shall be requested to give his award in writing as early as convenient after the whole case on each side shall have been laid before him, and to deliver one copy thereof to each of the said agents.

Should the Arbiter be unable to decide wholly in favour of either of the respective claims, he shall be requested to give such a decision as

will, in his opinion, furnish an equitable solution of the difficulty.

Should he decline to give any decision, then everything done in the permises by virtue of this agreement shall be null and void, and it shall be competent for the Portuguese and British Governments to do and proceed in all respects as if the reference to arbitration had never been made.

Done at Lisbon, the 13th of January 18691.

Award of the President of the United States, as Arbiter on the Claims of Great Britain and of Portugal to the Island of Bulama, on the Western Coast of Africa, and to a certain portion of territory, opposite to that Island, on the Mainland, Washington, April 21, 1870.

Ulysses S. Grant, President of the United States, to whom it shall concern, greeting:

The functions of Arbiter having been conferred upon the President of the United States, by virtue of a Protocol of a Conference held in Lisbon, in the Foreign Office, on the 13th day of January, in the year of our Lord 1869, between the Minister and Secretary of State for Foreign affairs of His Most Faithful Majesty the King of Portugal, and Her Britannic Majesty's Envoy Extraordinary and Minister Plenipotentiary, whereby it was agreed that the respective claims of His Most Faithful Majesty's Government and of the Government of Her Britannic Majesty to the Island of Bulama on the Western Coast of Africa, and to a certain portion of territory opposite to that island, on the mainland, should be submitted to the arbitration and award of the President of the United States of America, who should decide thereupon finally and without appeal;

And the written or printed case of each of the two parties, accompanied by the evidence offered in support of the same, having been laid before the Arbiter within 6 months from the date of the said Protocol, and a copy of such case and evidence having been communicated by each party to the other through their respective Ministers at Washington, and each party, after such communication had taken place, having drawn up and laid before the Arbiter a second and definitive statement in reply to the case of the other party so communicated, which said definitive statements were so laid before the Arbiter, and were also mutually communicated, in the same manner as aforesaid, by each party to the other, within 6 months from the date of laying the first statement before the Arbiter;

And it appearing that neither party desires to apply for any report or document in the exclusive possession of the other party, which has been specified or alluded to in any of the cases submitted to the Arbiter, and that neither party desires to be heard by counsel or agent in relation to any of the matters submitted in this arbitration:

And a person named by the Arbiter for that purpose, according to the terms of the said Protocol, having carefully considered each of the said written or printed statements so laid before the Arbiter, and the evidence offered in support of each of the same, and each of the said second or definitive statements;

And it appearing that the said Island of Bulama and the said mainland opposite thereto were discovered by a Portuguese navigator in 1446: that long before the year 1792, a Portuguese settlement was made at Bissao, on the River Jeba, which said settlement has ever since been maintained under Portuguese sovereignty; that in the year 1699, or about that time, a Portuguese settlement was made at Guinala, on the Rio Grande, which last named settlement, in the year 1778, was a large village, inhabited only by Portuguese, who had been there from father to son for a long time; that the coast line from Bissao to Guinala, after crossing the River Jeba, includes the whole coast on the mainland opposite to the Island of Bulama; that the Island of Bulama is adjacent to the mainland, and so near it that animals cross at low water; that in 1752 formal claim was made by Portugal to the Island of Bulama, which claim has been ever since asserted; that the island was not inhabited prior to 1792, and was unoccupied, with the exception of a few acres thereof, at the west end, which were used by a native tribe for the purpose of raising vegetables; that the British title is derived from an alleged cession by native Chiefs in 1792, at which time the sovereignty of Portugal had been established over the mainland and over the Island of Bulama; that the Portuguese Government has not relinquished its claim, and now occupies the island with a Portuguese settlement of 700 person; that attempts have been made since 1792 to fortify the British claim by further similar cessions from native Chiefs; and that none of the acts done in support of the British title have been acquiesced in by Portugal:

And no further elucidation or evidence with regard to any point contained in the statements so laid before the Arbiter being required;

Now, therefore, J. Ulysses S. Grant, President of The United States, do award and decide, that the claims of the Government of His Most

Faithful Majesty the King of Portugal to the Island of Bulama on the Western Coast of Africa, and to a certain portion of territory opposite to this island on the mainland, are proved and established.

In testimony whereof I have hereunto set my hand, and have coused the seal of The United States to be hereto affixed.

Done in triplicate, in the city of Washington, on the 21st day of April, in the year of our Lord 1870, and of the Independence of the United States of America the 94th 1.

XXXI. Grande-Bretagne. Portugal.

28 juillet 1817.

Les commissions arbitrales dont il est question dans le traité reproduit plus loin, ont eu pour objet de régler les indemnités dues aux propriétaires de vaisseaux, saisis par les croiseurs anglais pour avoir coopéré au trafic illicite des esclaves. Nous ne reproduisons de ce traité que les articles qui ont directement trait à l'organisation des commissions arbitrales; par contre nous avons cru devoir reproduire entièrement le règlement qui y a été annexé et qui est des plus intéressants à raison du soin avec lequel il a été rédigé.

Additional convention to the Treaty of the 22th January 1815, between His Britannic Majesty and His Most Faithful Majesty, for the purpose of preventing their Subjects from engaging in any illicit Traffic in Slaves. Signed at London, the 28th July 1817.

ART. VIII. In order to bring to adjudication, with the least delay and inconvenience, the vessels which may be detained for having been engaged in an illicit trafic of slaves, there shall be established, within the space of a year at furthest from the exchange of the ratifications of the present Convention, two mixed Commissions, formed of an equal number of individuals of the two nations, named for this purpose by their respective Sovereigns. These Commissions shall reside, one in a possession belonging to His Britannic Majesty, the other within the Territories of His most Faithful Majesty; and the two Governments at the period of the exchange of the ratifications of the present Convention, shall declare each for its own Dominions in what places the Commissions shall respectively reside. Each of the two High Contracting Parties reser

1 State Papers, vol. LXI, p. 1103.

ving to itself the right of changing, at its pleasure, the place of residence of the Commission held within its own Dominions, provided, however, that one of the two Commissions shall always be held upon the coast of Africa, and the other in the Brazils.

These Commissions shall judge the causes submitted to them without appeal, and according to the Regulations and Instructions annexed to the present Convention, of which they shall be considered as an integral part.

ART. IX. His Britannic Majesty, in conformity with the stipulations of the Treaty of the 22nd of January 1815, engages to grant, in the manner hereafter explained, sufficient indemnification to all the proprietors of Portugueze vessels and cargoes captured by British cruizers between the 1st of June 1814 and the period at which the two Commissions pointed out in Article VIII of the present convention, shall assemble at their respective posts.

The two High Contracting Parties agree that all claims of the nature herein before mentioned, shall be received and liquidated by a mixed Commission, to be held at London, and which shall consist of an equal number of the individuals of the two nations, named by their respective Sovereigns, and upon the same principles stipulated by the VIIIth Article of this Additional Convention, and by the other Acts which form an integral part of the same. The aforesaid Commission shall commence their functions six months after the ratification of the present Convention, or sooner if possible.

The two High Contracting Parties have agreed that the proprietors of vessels captured by the British cruizers cannot claim compensation for a larger number of slaves than that which, according to the existing laws of Portugal, they were permitted to transport, according to the tonnage of the captured vessels.

The two High Contracting Parties are equally agreed that every Portugueze vessels captured with slaves on board for the traffic, which shall be proved to have been embarked within the territories of the coast Africa, situated to the north of Cape Palmas, and not belonging to the Crown of Portugal, as well as all Portugueze vessels captured with slaves on board for the traffic, six months after the exchange of the ratifications of the Treaty of the 22nd of January, 1815, and on which it can be proved that the aforesaid slaves were embarked in the roadsteds of the coast of Africa, situated to the north of the Equator, shall not be entitled to claim any indemnification.

ART. X. His Britannic Majesty engages to pay within the space of a year at furthest, from

he decision of each case, to the individuals having a just claim to the same, the sums which shall be granted to them by the Commissions named in the preceeding Articles.

ART. XI. His Britannic Majesty formally engages to pay the 300,000 of indemnification stipulated by the Convention of the 21st of January 1815, in favour of the proprietors of Portugueze vessels captured by British cruizers, up to the period of the 1st of June 1814, in the manner following, viz.

The first payement of £ 150,000 six months after the exchange of the ratifications of the present convention, and the remaining £150,000 as well as the interest at five per cent, due upon the total sum, from the day of the exchange of the ratifications of the Convention of the 21st of January 1815, shall be paid nine months after the exchange of the ratifications of present Convention. The interest due shall be payable up to the day of the last payement. All the aforesaid payements shall be made in London, to the Minister, His Most Faithful Majesty shall think proper to authorize for that purpose.

ART. XII. The Acts or Instruments annexed to this additional Convention, and which form an integral part thereof, are as follows:

No 1. Form of passport for the Portugueze merchant ships destined for the lawful traffic in slaves.

No 2. Instructions for the ships of war of both nations, destined to prevent the illicit traffic in slaves.

N° 3. Regulation for the mixed Commissions, which are to hold their sittings on the coast of Africa, at the Brazils and in London.

ART. XIII. The present Convention shall be ratified, and the ratifications thereof exchanged at Rio Janeiro, within the space of four months at furthest, dating from the day of its signature.

In witness whereof, the respective Plenipotentiaries have signed the same, and have thereunto affixed the seal of their arms.

Done at London, the 28th July 18171.

Regulation for the mixed Commissions, which are to reside on the Coast of Africa, in the Brazils, and at London.

ART. I. The mixed Commissions to be established by the Additional Convention of this date, upon the Coast of Africa and in the Brazils, are appointed to decide upon the legality of the detention of such slave vessels as the cruizers of both nations shall detain, in pursuance of this same Convention, for carrying on an illicit commerce in slaves.

1 HERTSLET, A complete Collection..., t. II, p. 89-95.

The above-mentioned Commissions shall judge, without appeal, according to the letter and spirit of the Treaty of the 22nd of January 1815, and of the Additional Convention to the said Treaty, signed at London on this 28th day of July 1817. The Commissions shall give sentence as summarily as possible and they are required to decide, (as far as they shall find it praticable) within the space of twenty days, to be dated from that on which every detained vessel shall have been brought into the port where they shall reside; 1st, upon the legality of the capture; 2nd in the case in which the captured vessel shall have been liberated, as to the indemnification which she is to receive.

And it is hereby provided, that in all cases the final sentence shall not be delayed on account of the absence of witnesses or for want of other proofs, beyond the period of two months: except upon the application of any of the parties interested, when, upon their giving satisfactory security to charge themselves with the expense and risks of the delay, the Commissioners may, at their discretion, grant an additional delay not exceeding four months.

ART. II. Each of the above-mentioned mixed Commissions, which are to reside on the Coast of Africa and in the Brazils, shall be composed in the following manner:

The two High Contracting Parties shall each of them name a Commissary Judge, and a Commissioner of Arbitration, who shall be authorized to hear and to decide, without appeal, all cases of capture of slave vessels which, in pursuance of the stipulation of the Additional Convention of this date may be laid before them. All the essential parts of the proceedings carried on before these mixt Commissions shall be written down in the language of the country in which the Commission may reside.

The Commissary Judges and the Commissioners of Arbitration, shall make oath, in presence of the principal Magistrate of the place in which the Commission may reside, to judge fairly and faithfully, to have no preference either for the claimants or the captors, and to act, in all their decisions, in pursuance of the stipulations of the Treaty of the 22nd January 1815, and of the Additional Convention to the said Treaty.

There shall be attached to each Commission a Secretary or Registrar, appointed by the Sovereign of the Country in which the Commission may reside, who shall register all its acts, and who, previous to his taking charge of his post, shall make oath, in presence of at least one of the Commissary Judges, to conduct himself with respect for their authority, and to act with

fidelity in all the affairs which may belong to his charge.

ART. III. The form of the process shall be as follows:

The Commissary Judges of the two nations shall, in the first place, proceed to the examination of the papers of the vessel and recieve the depositions on oath of the captain and of two or three, at least, of the principal individuals on board of the detained vessel, as well as the declaration on oath of the captor, should it appear necessary, in order to be able to judge and to pronounce if the said vessel has been justly detained or not, according to the stipu lations of the Additional Convention of this date, and in order that, according to this judgment, it may be condemned or liberated. And in the event of the two Commissary Judges not agreeing on the sentence they ought to pronounce, wether as to the legality of the detention or the indemnification to be allowed, or on any other question which might result from the stipulations of the Convention of this date, they shall draw by lot the name of one of the two Commissioners of Arbitration, who, after having considered the documents of the process shall consult with the above-mentioned Commissary Judges on the case in question, and the final sentence shall be pronounced conformally to the opinion of the majority of the above-mentioned Commissary Judges, and of the above-mentioned Commissioner of Arbitration.

ART. IV. As often as the cargo of slaves found on board of a Portugueze slave ship shall have been embarked on any point whatever of the coast of Africa, where the slave trade continues lawful to the subjects of the Crown of Portugal, such slave ship shall not be detained. on pretext that the above-mentioned slaves have been brought originally by land from any other part whatever of the continent.

ART. V. In the authenticated declaration which the captor shall make before the Commission, as well as in the certificate of the papers seized, which shall be delivred to the captain of the captured vessel, at the time of the detention, the above-mentioned captor shall be bound to declare his name, the name of his vessel, as well as the latitude and longitude of the place where the detention shall have taken place, and the number of slaves found living on board of the slave ship, at the time of the detention.

ART. VI. As soon as sentence shall have been passed, the detained vessel, if liberated, and what remains of the cargo, shall be restored to the proprietors, who may, before the same Commission, claim a valuation of the damages which they may have a right to demand: the

captor himself, and in his default, his Government, shall remain responsible for the abovementioned damages. The two High Contracting Parties bind themselves to defray, within the term of a year, from the date of the sentence, the indemnifications which may be granted by the above-named Commission, it being understood that these indemnifications shall be at the expense of the Power of which the captor shall be a subject.

ART. VII. In case of condemnation of a vessel for an unlawful voyage, she shall be declared lawful prize, as well as her cargo, of whatever description it may be, with the exception of the slaves who may be on board as objects of commerce and the said vessel, as well as her cargo, shall be sold by public sale, for the profit of the two Governments, and as to the slaves, they shall receive from the mixt Commission a certificate of emancipation, and shall be delivered over to the Government on whose territory the Commission, which shall have to judged them, shall be established, to be employed as servants or free labourers. Each of the two Governments binds itself to guarantee the liberty of such portion of these individuals as shall be respectively consigned to it.

ART. VIII. Every claim for compensation of losses occasioned to ships suspected of carrying on an illicit trade in slaves, not condemned as lawful prize by the mixt Commissions, shall be also heard and judged by the above-named Commissions, in the form provided by the third Article of the present regulation.

And in all cases wherein restitution shall be so decreed the Commission shall award to the claimant or claimants, or his, or their lawful attorney or attornies, for his or their use, a just and complete indemnification:

First, for all costs of suit, and for all losses and damages which the claimant or claimants may have actually sustained by such capture and detention; that is to say, in case of total loss, the claimant or claimants shall be indemnified:

1. For the ship, her tackle, apparel and

stores ;

2dly. For all freight due and payable; 3dly. For the value of the cargo of merchandize, if any;

4thly. For the slaves on board at the time of detention, according to the computed value of such slaves at the place of destination; deducting there from the usual fair average mortality for the unexpired period of the regular voyage; deducting also for all charges and expenses payable upon the sale of such cargoes, including commission of sale when payable at such port; and,