The two High Contracting Parties bind themselves to pay, within the term of a year from the date of the sentence, the costs and damages which may be awarded by the court; it being mutually agreed, that such costs and damages shall be paid by the Government of the country of which the captor shall be a subject. VI. If the detained vessel shall be condemned, she shall be declared lawful prize, together with her cargo, of whatever description it may be, with the exception of the negroes who shall have been brought on board for the purpose of trade; and the said vessel, subject to the stipulations in Article VIII of the Treaty of this date, shall, as well as her cargo, be sold by public sale for the profit of the two Governments, subject to the payment of the expenses hereinafter mentioned. The negroes who may not previously have been disembarked, shall receive from the court a certificate of emancipation, and shall be delivered over to the Government to whom the cruizer which made the capture belongs, in order to be forthwith set at liberty. VII. The Mixed Courts of Justice shall also take cognizance of, and shall decide definitively and without appeal, all claims for compensation on account of losses occasioned to vessels and cargoes which shall have been detained under the provisions of this Treaty, but which shall not have been condemned as legal prize by the said courts; and in all cases wherein restitution of such vessels and cargoes shall be decreed, save as mentioned in Article VII of the Treaty to which these Regulations form an Annex, and in a subsequent part of these Regulations, the court shall award to the claimant or claimants, or to his or their lawful attorney or attorneys, for his or their use, a just and complete indemnification for all costs of suit, and for all losses and damages which the owner or owners may have actually sustained by such capture and detention: and it is agreed that the indemnification shall be as follows: First. In case of total loss, the claimant or claimants shall be indemnified, (A.) For the ship, her tackle, equipment, and stores. (B.). For all freights due and payable. (c.) For the value of the cargo of merchandize, if any, deducting all charges and expenses which would have been payable upon the sale of such cargo, including commission of sale. (D.) For all other regular charges in such case of total loss. Secondly. In all other cases (save as hereinafter mentioned) not of total loss, the claimant or claimants shall be indemnified, (A.) For all special damages and expenses occasioned to the ship by the detention and for loss of freight, when due or payable. (B.) For demurrage when due, according to the schedule annexed to the present Article. (c.) For any deterioration of the cargo. (D.) For all premium of insurance on additional risks. The claimant or claimants shall be entitled to interest at the rate of 5 per cent. per annum on the sum awarded, until such sum is paid by the Government to which the capturing ship belongs. The whole amount of such indemnifications shall be calculated in the money of the country to which the detained vessel belongs, and shall be liquidated at the exchange current at the time of the award. The two High Contracting Parties, however, have agreed, that if it shall be proved to the satisfaction of the judges of the two nations, and without having recourse to the decision of an arbitrator, that the captor has been led into error by the fault of the master or commander of the detained vessel, the detained vessel in that case shall not have the right of receiving, for the time of her detention, the demurrage stipulated by the present Article, nor any other compensation for losses, damages, or expenses consequent upon such detention. Schedule of demurrage, or daily allowance for a vessel of VIII. Neither the judges nor the arbitrators, nor the secretaries or registrars of the Mixed Courts of Justice, shall demand or receive from any of the parties concerned in the cases which shall be brought before such courts, any emolument or gift, under any pretext whatsoever, for the performance of the duties which such judges, arbitrators, and secretaries or registrars, have to perform. IX. The two High Contracting Parties have agreed that, in the event of the death, sickness, absence on leave, or on any other legal impediment, of one or more of the judges or arbitrators composing the above-mentioned courts respectively, the post of such judge or arbitrator shall be supplied, ad interim, in the following manner: 1st. On the part of Her Britannic Majesty, and in those courts which shall sit within the possessions of her said Majesty : if the vacancy be that of the British judge, his place shall be filled by the British arbitrator; and either in that case, or in case the vacancy be originally that of the British arbitrator, the place of such arbi trator shall be filled by the Governor or Lieutenant-Governor resident in such possession; in his unavoidable absence, by the principal magistrate of the same; or in the unavoidable absence of the principal magistrate, by the Secretary of the Government; and the said court, so constituted as above, shall sit, and in all cases brought before it for adjudication shall proceed to adjudge the same, and to pass sentence accordingly. 2ndly. On the part of Great Britain, and in that court which shall sit within the territories of The United States of America: if the vacancy be that of the British judge, his place shall be filled by the British arbitrator; and either in that case, or in case the vacancy be originally that of the British arbitrator, his place shall be filled by the British Consul, or in the unavoidable absence of the Consul, by the British Vice-Consul; and in case the vacancy be both of the British judge and of the British arbitrator, then the vacancy of the British judge shall be filled by the British Consul, and that of the British arbitrator by the British Vice-Consul. But if there be no British Consul or Vice-Consul to fill the place of British arbitrator, then The United States' arbitrator shall be called in, in those cases in which the British arbitrator would be called in; and in case the vacancy be both of the British judge and of the British arbitrator, and there be neither British Consul nor ViceConsul to fill, ad interim, the vacancies, then The United States' judge and arbitrator shall sit, and in all cases brought before them for adjudication shall proceed to adjudge the same and pass sentence accordingly. 3rdly. On the part of The United States, and in that court which shall sit within their territories: if the vacancy be that of The United States' judge, his place shall be filled by The United States' arbitrator; and either in that case, or in case the vacancy be originally that of The United States' arbitrator, the place of of such arbitrator shall be filled by the judge of The United States' for the southern district of New York; and the said Court, so constituted as above, shall sit, and in all cases brought before them for adjudication shall proceed to adjudge the same, and pass sentence accordingly. 4thly. On the part of The United States of America, and in those courts which shall sit within the possessions of Her Britannic Majesty: if the vacancy be that of The United States' judge, his place shall be filled by The United States' arbitrator; and either in that case, or in case the vacancy be originally that of The United States' arbitrator, his place shall be filled by The United States' Consul, or in the unavoidable absence of the Consul by The United States' Vice-Consul. In case the vacancy be both of The United States' judge and of The United States' arbitrator, then the vacancy of the judge shall be filled by The United States' Consul, and that of The United States' arbitrator by The United States' Vice-Consul. But if there be no United States' Consul or Vice-Consul to fill the place of The United States' arbitrator, then the British arbitrator shall be called in, in those cases in which The United States' arbitrator would be called in; and in case the vacancy be both of the United States' judge and of The United States' arbitrator, and there be neither United States' Consul or Vice-Consul to fill, ad interim, the vacancies, then the British judge and the British arbitrator shall sit, and, in all cases brought before them for adjudication shall proceed to adjudge the same, and pass sentence accordingly. The chief authority of the place in the territories of either High Contracting Party where the Mixed Courts of Justice shall sit, shall, in the event of a vacancy arising, either of the judge or the arbitrator of the other High Contracting Party, forthwith give notice of the same by the most expeditious method in his power to the Government of that other High Contracting Party, in order that such vacancy may be supplied at the earliest possible period. And each of the High Contracting Parties agrees to supply definitively, as soon as possible, the vacancies which may arise in the above-mentioned courts from death, or from any other cause whatever. The undersigned Plenipotentiaries have agreed, in conformity with the XIth Article of the Treaty signed by them on this day, that the preceding regulations shall be annexed to the said Treaty, and considered an integral part thereof. Done at Washington, the 7th day of April, in the year of our Lord 1862. (L.S.) LYONS. (L.S.) WILLIAM H. SEWARD. CORRESPONDENCE respecting the Arrest and Imprisonment of a British Subject (Captain Macdonald), by the Prussian Authorities at Bonn; and the Trial of certain other British Residents in that City for Libel.*-1860, 1861. No. 1.-Consul Crossthwaite to Lord J. Russell.-(Rec. Sept. 17.) MY LORD, Cologne, September 15, 1860. I AM requested to transmit the inclosed letter to your Lordship from Captain G. Macdonald, a British subject, at present confined in the jail at Bonn. * Laid before Parliament, 1861. I have been engaged during two days investigating the matter, and endeavouring to induce the authorities to accept bail for the Captain's appearance. The statement made by Mr. Macdonald is in accordance with the reports which are circulated with respect to the occurrence, and it appears that he was undoubtedly justified in endeavouring to retain possession of his own and of his friends' places in the railway carriage, in consequence of which he has undergone so much. suffering. I have sent a full report of the proceedings to Lord Bloomfield, and have called his Lordship's attention to the fact that Captain Macdonald had already been in jail four days, and that up to 4 o'clock this afternoon the "Verwahrungs-Befehl," or warrant for his detention, had not been received by the governor of the prison. According to the law of Prussia, any individual arrested by the police must be examined by the Juge d'Instruction, who must sign the warrant ("Verwahrungs-Befehl") within 24 hours at the latest. In this instance a British subject has been deprived of his liberty without the formality of the law being fulfilled. The trial of Captain Macdonald is to come on, as I understand, on Tuesday next, when I purpose attending to watch the proceedings. I have, &c. Lord J. Russell. G. F. CROSSTHWAITE. (Inclosure.)-Captain Macdonald to Lord J. Russell. MY LORD, The Prison, Bonn, on the Rhine, Prussia, MAY I beg your attention to the following facts? I will state them as briefly as possible, in the hope that you will lay them before the Queen. I started from Mayence last Wednesday, with my sister-in-law, her husband, nurse, and child. When the train stopped at Bonn, the gentleman and nurse and child got out for some refreshment. Some strangers came into the carriage, then a gentleman and lady got in, thus filling the carriage. I told him, in French, that the two places next the door were taken, pointing to them. My sister told him so in German, but he did not move. I then called the conductor, and told him, and when my friend and the nurse came up I pointed them out to the gentleman who had taken our places. He became most insolent. I told him he must move, pushing him lightly on the shoulder, whereupon the railway official came furiously up to me to pull me out. I pushed him back, and was immediately seized by 3 or 4 men who had entered the carriage [1861-62. LU.] F |