Memoir on Slavery!/Appendix

The separation of the empire of Brazil from the kingdom of Portugal having put his Britannic Majesty in a situation to reclaim the execution, on the part of his Most Faithful Majesty, of the treaties concluded with the Court of Lisbon, on the 22d of January, 1815, and the 28th July, 1817, which prohibit the exportation of slaves from the coast of Africa to foreign countries ; and his majesty the Emperor of Brazil desiring to put an end to the trade in slaves, satisfying by such conduct the sentiments of his own heart, and the wishes and desires manifested in this respect by all the Sovereigns and Governments of civilized nations, and very particularly those manifested by his Majesty the King of the United Kingdom of Great Britain and Ireland ; their said Majesties the Emperor of Brazil and the King of the United Kingdom of Great Britain and Ireland, have resolved to adopt and arrange in the present Treaty the most efficacious means to suppress the illicit commerce in slaves on the part of their respective subjects, as likewise to bring about the final Abolition of the Slave Trade in the shortest space of time possible. In consequence of these principles the two High Contracting Parties have nominated as their Plenipotentiaries, to wit, &c.

Art. 1. Four years after the exchange of the ratifications of the present treaty, it shall not be lawful for the subjects of the Empire of Brazil to carry on the trade of slaves on the coast of Africa under any pretext or in any manner whatever.

Art. II. The object of this Treaty, on the part of the two Governments, being to oppose mutually the trade in slaves, the two High Contracting Parties declare that they shall consider any trading in slaves to be piracy carried on under the following circumstances :—

1. In British ships or vessels, either with the flag, or on account of English subjects in any ship or under any flag.

2. In Brazilian vessels, or with the Brazil flag, or on account of Brazilian subjects in any vessel, or under any flag, according to the conditions stipulated in the first article of this Treaty.

3. Under the Brazil or English flag, on account of the subjects of any other Government.

4. By any Brazil vessels destined to any port without the limits of the Empire.

Art. III. The territories in which, according to this Treaty, the traffic in slaves is permitted for the space of four years, to the subjects of his Imperial Majesty, are―

1. The territories of the Crown of Portugal, on the coast of Africa, to the south of the Equator—viz. on the eastern coast of Africa, the territory comprehended between Cape Delgado and the Bay of Lorenzo Marques ; and on the western coast, all the territory comprehended between the 8th and 18th degree of south latitude.

2. The territories on the coast of Africa to the south of the Equator, over which the Crown of Portugal has declared its right—namely, the territories of Molembo and of Cabinda, on the western coast of Africa, from the degree 5. 12 minutes, to the 8th degree south latitude.

Art. IV. His Imperial Majesty, in accordance with the spirit of the present Treaty, shall adopt all the means that may appear the most efficacious to carry into entire and complete effect the laudable objects which the High Contracting Parties hare in view.

Art. V. Determines the formula of the passports.

Art VI. The navigation shall be direct from Brazil to the port mentioned in the passport, and the vessels shall return to ​the same port whence they sailed, without touching at any other port.

Art. VII. No vessel shall sail till the proprietor or the master present a certificate of the register.

Art. VIII. The High Contracting Parties, the better to attain the proposed end of preventing all illicit commerce in slaves by their respective subjects, mutually consent that the ships of war of both nations, which shall be for that end provided with special instructions, of which mention shall be made below, may visit the merchant ships of both nations, when they have reasonable ground to suspect that they have on board slaves obtained by illicit trade. The same ships of war shall be empowered (not only in cases provided for in the 6th article of this treaty, or when in fact there are slaves on board) to detain and carry into port such vessels for the purpose of having them judged by the tribunals established for that purpose, as shall be afterwards declared ; it being well understood that the Commanders of both the Imperial and Royal ships, who may execute this commission, shall observe strictly and accurately the instructions with which they shall be provided for that purpose. This article being entirely reciprocal, the two Contracting Parties become bound to each other to grant an indemnity for the losses which their respective subjects may suffer unjustly by arbitrary detention, or detention without legal cause by their ships ; it being likewise well understood, that the indemnity shall always be at the expence of the Government to which the cruizer shall belong which has committed the act of arbitrary detention. Finally, the search or detention of slave-ships (as it is declared in this article) shall be limited to Brazilian or British ships which belong to either the Imperial or Royal navy, or which shall be provided with special instructions annexed to the present treaty.

Art IX. Brazilian or British cruizers shall not be empowered to detain any slave-ship on board of which there are not actually found slaves ; and it shall be necessary, to legalize the detention of any vessel, that the slaves found on board be actually carried for traffic, and that those found on board Brazil​ian vessels shall have been taken from that part of the coast of Africa beyond the limits specified in the third article of this treaty.

Art. X. All the ships of war of the two nations which in future shall be destined to prevent the slave-trade, shall be provided by their own Government with a copy of the instructions annexed to this treaty, and which shall be considered an integral part of it. These instructions shall be written in Portuguese and English, and prepared for the ships of each of the two nations by their respective Ministers of Marine. The two high contracting parties reserve to themselves the power of changing entirely or in part these instructions, as circumstances may require ; it being well understood that these said changes shall not be made without the common agreement and consent of the two High Contracting Parties.

XI. Two mixed commissions, composed of an equal number of individuals of the two nations, shall decide upon the detention of vessels. One shall reside in Brazil, and the other in the dominions of his Britannic Majesty. Each of the two governments shall declare, in the act of the exchange of ratifications, what is to be the place of residence of its respective commissioners, and they shall guide themselves by the regulations and instructions annexed to the present treaty.

Art XII. Makes an enumeration of the instruments annexed to the treaty, which are―

1. The formula of the passports.

2. Instructions for the ships of war of both nations.

3. The regulations for the mixed commissions.

Art. XIII. Stipulates for the exchange of ratifications at London, in the space of four months, if possible.

Done at Rio de Janeiro, Oct. 18, 1825.