Who, after having exchanged their full powers, found in due form, have agreed upon the following Articles: ART. I. When a joint capture shall be made by the naval forces of the 2 countries, the adjudication thereof shall belong to the jurisdiction of the country whose flag shall have been borne by the officer having the superior command in the action. II. When the capture shall be made by a cruizer of either of the 2 allied nations in the presence and in the sight of a cruizer of the other, such cruiser having thus contributed to the intimidation of the enemy and encouragement of the captor, the adjudication thereof shall belong to the jurisdiction of the actual captor. III. In case of the capture of a merchant vessel of one of the two countries, the adjudication of such capture shall always belong to the jurisdiction of the country of the captured vessel. The cargo shall be dealt with, as to the jurisdiction, in the same manner as the vessel. IV. In case of condemnation under the circumstances described in the preceding Articles: 1. If the capture shall have been made by vessels of the 2 nations whilst acting in conjunction, the net proceeds of the prize, after deducting the necessary expenses, shall be divided into as many shares as there were men on board the capturing vessels, without reference to rank, and the shares belonging to the men on board the vessels of the ally shall be paid and delivered to such person as may be duly authorized on behalf of the allied Government to receive the same; and the distribution of the amount belonging to each vessel shall be made by each Government according to the laws and regulations of the country. 2. If the capture shall have been made by cruizers of either of the 2 allied nations in the presence and in sight of a cruizer of the other, the division, the payment, and the distribution of the net proceeds of the prize, after deducting the necessary expenses, shall likewise be made in the manner above mentioned. 3. If a capture, made by a cruizer of one of the 2 countries, shall have been adjudicated by the Courts of the other, the net proceeds of the prize, after deducting the necessary expenses, shall be made over in the same manner to the Government of the captor, to be distributed according to its laws and regulations. V. The commanders of the vessels of war of their Majesties shall, with regard to the sending in and delivering up of prizes, conform to the instructions annexed to the present Convention, and which the 2 Governments reserve to themselves to modify by common consent, if it should become necessary. VI. When, with a view to the execution of the present Convention, it shall become necessary to proceed to the valuation of a captured vessel of war, the calculation shall be according to the real value of the same; and the allied Government shall be entitled to delegate one or more competent officers to assist in the valuation. In case of disagreement, it shall be decided by lot which officer shall have the casting voice. VII. The crews of the captured vessels shall be dealt with according to the laws and regulations of the country to which the present Convention attributes the adjudication of the prize. VIII. With regard to the mode of division of trophies and booty which may be captured by the combined land forces of their Majesties, it is agreed: 1st. That flags, cannon, and other articles which may be considered as trophies, captured by corps, or parts of corps, belonging to the land forces of the 2 countries, and acting in common, with or without the co-operation of the combined naval forces, shall be equally divided between the 2 Governments. 2ndly. That such division shall be made by corps. 3rdly. That the first choice for each kind of trophy shall be decided by lot, between the 2 Commanders-in-Chief. 4thly. That the division of booty and of the value of trophies, such as cannon, tumbrils, and other articles which are capable of being valued, shall be made between the 2 Governments, according to the number of men who shall have co-operated at the capture, without deducting those who shall have fallen in the action, in order that the proceeds may be distributed according to the law of each country. 5thly. That disputed questions which may arise with regard to the distribution of booty, shall be decided by a Mixed Commission, which shall sit at Paris, and shall be composed of 2 delegates, one English and the other French, appointed by their respective Governments. Those delegates, before entering upon the performance of their duties, shall name 2 persons, of whom one shall be chosen by lot to act as an umpire in all cases in which they may themselves differ in opinion. The decision of the delegates, or of the umpire, as the case may be, shall be final and without appeal. 6thly. That whenever it may be necessary to make a valuation upon the spot of any article captured, it shall be done by a Mixed Commission, composed of competent officers. IX. The present Convention shall be ratified, and the ratifications shall be exchanged at Paris within 10 days from this date, or sooner if possible. In witness whereof, the respective Plenipotentiaries have signed the present Convention, and have affixed thereto the seals of their arms. Done at Paris, the 22nd day of the month of February, in the year of our Lord, 1860. (L.S.) COWLEY. (L.S.) E. A. THOUVENEL. (ANNEX.)—Instructions to the Commanders of Ships of War belonging to Her Majesty the Queen of the United Kingdom of Great Britain and Ireland, and to His Majesty the Emperor of the French. You will find inclosed a copy of a Convention which was signed on the 22nd of February, 1860, between Her Majesty the Queen of the United Kingdom of Great Britain and Ireland, and His Majesty the Emperor of the French, regulating the jurisdiction to which shall belong the adjudication of the joint captures made by the allied naval forces, or of the captures of merchant vessels belonging to the subjects of either of the 2 countries which shall be made by the cruizers of the other, as likewise the mode of distribution of the proceeds of such joint captures. In order to ensure the execution of this Convention, you will conform yourself to the following instructions: ART. I. Whenever, in consequence of a joint action, you are required to draw up the report or procès-verbal of a capture, you will take care to specify with exactness the names of the ships-ofwar present during the action, as well as the names of their commanding officers, and, as far as possible, the number of men embarked on board those ships at the commencement of the action, without distinction of rank. You will deliver a copy of that report or procès-verbal to the officer of the allied Power who shall have had the superior command during the action, and you will conform yourself to the instructions of that officer, as far as relates to the measures to be taken for the conduct and the adjudication of the joint captures so made under his command. If the action has been commanded by an officer of your nation, you will conform yourself to the regulations of your own country, and you will confine yourself to handing over to the highest officer in rank of the allied Power who was present during the action, a certified copy of the report or of the procès-verbal which you shall have drawn up. II. When you shall have effected a capture in presence and in sight of an allied ship-of-war, you will mention exactly, in the report which you will draw up, when the capture is a ship-of-war, and in the report or procès-verbal of the capture when the prize is a merchant vessel, the number of men on board your ship at the commencement of the action, without distinction of rank, as well as the name of the allied ship-of-war which was in sight, and, if possible, the number of men embarked on board that ship, likewise without distinction of rank. You will deliver a certified copy of your report or procès-verbal to the commander of that ship. III. Whenever, in the case of a violation of a blockade, of the transport of contraband articles, of land or sea troops of the enemy, or of official despatches from or for the enemy, you find yourself under the necessity of stopping and seizing a merchant vessel of the allied nation, you will take care : 1. To draw up a report or procès-verbal, stating the place, the date, and the motive of the arrest; the name of the vessel, that of the captain, the number of the crew; and containing besides an exact description of the state of the vessel and of her cargo. 2. To collect and place in a sealed packet, after having made an inventory of them, all the ship's papers, such as registers, passports, charter-parties, bills of lading, invoices, and other documents calculated to prove the nature and the ownership of the vessel and of her cargo. 3. To place seals upon the hatches. 4. To place on board an officer, with such number of men as you may deem advisible, to take charge of the vessel, and to ensure its safe conduct. 5. To send the vessel to the nearest port belonging to the Power whose flag it carried. 6. To deliver up the vessel to the authorities of the port to which you shall have taken her, together with a duplicate of the report or procès-verbal, and of the inventory above mentioned, and with the sealed packet containing the ship's papers. IV. The officer who conducts the captured vessel will procure a receipt proving his having delivered her up, as well as his having delivered the sealed packet, and the duplicate of the report or procès-verbal, and of the inventory above mentioned. V. In case of distress, if the captured vessel is not in a fit state to continue its voyage, or in case the distance should be too great, the officer charged to conduct to a port of the allied Power a prize made on the merchant service of that Power, may enter a port of his own country or a neutral port; and he will deliver his prize to the local authority, if he enters a port of his own country, and to the Consul of the allied nation if he enters a neutral port, without prejudice to the ulterior measures to be taken for the adjudication of the prize. He will take care in that case that the report or procès-verbal, and the inventory which he shall have drawn up, as well as the sealed packet containing the ship's papers, be sent exactly to the proper Court of Adjudication. VI. You are not to consider as prisoners of war, and you will allow freely to land, all women, children, and persons not belonging to the military or maritime profession, who shall be found on board the captured vessels. With this exception and those which may be suggested by the consideration of your own security, you will not permit any person to be removed from on board the vessel; and in all cases you will retain the master, supercargo, and others whose evidence may be essential to the adjudication of the prize. You will treat as prisoners of war, with the exceptions above mentioned in Section 1, all persons whatever who may be found. on board the enemy's vessels. You will place no other restriction on the liberty of allied or neutral subjects found on board allied or neutral vessels than such as may be necessary for the security of the vessel. With respect to your own countrymen you will treat them according to the general instructions with which you are furnished, and you will in no case deliver them up to a foreign jurisdiction. The persons who may have been exceptionally removed from the captured vessels shall afterwards be sent back to their own country, if they belong to the allied nation; if they are neutrals or enemies, they shall be treated as if they had been found on board vessels captured by you separately. (L.S.) COWLEY. (L.S.) E. A. THOUVENEL. SECOND ADDITIONAL ARTICLE to the Treaty of Commerce of 23rd January, 1860, between Great Britain and France. Signed, in English and French, at Paris, June 27, 1860.* IT having been found impossible to conclude the negotiation of the arrangement which is to fix, according to Paragraph 1 of Article XIII of the Treaty of Commerce concluded between Great Britain and France, the 23rd of January last,† the rate of the specific duties to be levied on British merchandize imported into France, within the period stipulated by the said Article, the High Contracting Parties have considered it advisable, in the interest of the respective commerce of the 2 countries, to make a fresh arrangement with a view to ensure the gradual execution of the aforesaid Treaty within the periods fixed by the same. In consquence whereof, the undersigned, invested with full powers on the part of Her Majesty the Queen of the United Kingdom of Great Britain and Ireland, on one side, and of His Majesty the Emperor of the French, on the other, have agreed upon the following Articles : I. Instead of a single Convention establishing the specific duties to be paid by British merchandize imported into France, 3 separate Conventions shall be successively concluded, the first of which shall comprise bar and pig iron, steel and worked metals, machines, tools, and mechanical instruments of all sorts; the 2nd, yarns and manufactures in flax and hemp; the 3rd, all other articles of British production and manufacture enumerated in Article I. of the Treaty of the 23rd of January.‡ VOL. XI. * Ratifications exchanged at Paris, July 1, 1860. M |