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CHAPTER III. REPRESSION OF THE SLAVE-TRADE BY SEA
Section I. General Provisions.
Article XX The signatory powers recognize the desirability of taking steps in common for the more effective repression of the slave trade in the maritime zone in which it still exists.
Article XXI This zone extends, on the one hand, between the coasts of the Indian Ocean (those of the Persian Gulf and of the Red Sea included), from Beloochistan to Cape Tangalane (Quilimane); and, on the other hand, a conventional line which first follows the meridian from Tangalane till it intersects the 26th degree of South latitude; it is then merged in this parallel, then passes round the Island of Madagascar by the east, keeping 20 miles off the east and north shore, till it intersects the meridian at Cape Ambre. From this point the limit of the zone is determined by an oblique line, which extends to the coast of Beloochistan, passing 20 miles off Cape Ras-el-Had.
Article XXII The signatory powers of the present General Act, among whom exist special conventions for the suppression of the slavetrade, have agreed to restrict the clauses of those conventions concerning the reciprocal right of visit, of search and of seizure of vessels at sea, to the above mentioned zone.
Article XXIII The same powers also agree to limit the above mentioned right to vessels whose tonnage is less than 500 tons. This stipulation shall be revised as soon as experience shall have shown the necessity thereof.
Article XXIV All other provisions of the conventions concluded for the suppression of the slave-trade between the aforesaid powers shall remain in force provided they are not modified by the present General Act.
Article XXV The signatory powers engage to adopt efficient measures to prevent the unlawful use of their flag, and to prevent the transportation of slaves on vessels authorized to fly their colours.
The signatory powers engage to adopt all measures necessary to facilitate the speedy exchange of information calculated to lead to the discovery of persons taking part in operations connected with the slave-trade.
Article XXVII At least one international bureau shall be created; it shall be established at Zanzibar. The high contracting parties engage to forward to it all the documents specified in Article XLI, as well as all information of any kind likely to assist in the suppression of the slave-trade.
Article XXVIII Any slave who has taken refuge on board a ship of war bearing the flag of one of the signatory powers, shall be immediately and definitely set free. Such freedom, however, shall not withdraw him from the competent jurisdiction if he has been guilty of any crime or offence at common law.
Article XXIX Any slave detained against his will on board of a native vessel shall have the right to demand his liberty. His release may be ordered by any agent of any of the signatory powers on whom the present general act confers the right of ascertaining the status of persons on board of such vessels, although such release shall not withdraw him from the competent jurisdiction if he has committed any crime or offence at common law. - (Supplement to the American Journal of International Law, Jan., 1909, pp. 29-61.)
NOTE. - This Treaty is worthy to be ranked with the Geneva Convention as a valuable humanitarian document. It was signed by all the great Powers of Europe, the United States of America, Belgium, Denmark, Holland, Portugal, Persia, Turkey, Spain, Sweden, and Zanzibar; that is to say, by all the Powers specially interested in the African Slave Trade, whether because of their territorial possessions, trading interests or benevolent activities. The extracts here given deal only with the broad and general aspect of the plan embodied in the Treaty. Not only have details been passed over, but many matters of minor importance have been omitted altogether. Careful regulations were drawn up concerning the grant to native vessels by any signatory power of the right to use its flag. Precautions were taken lest slaves should be carried under the guise of negro passengers. The methods to be employed in making captures and carrying on trials were prescribed. An International Information Office was set up at Zanzibar. Measures were taken for the protection of liberated slaves and the restriction of the traffic in intoxicating liquors. The provisions concerning these and other matters were too minute to be reproduced here. Moreover, lapse of time, changed circumstances, the lack of interest shewn by some Powers and the diverson of the zeal of others into different channels have rendered some of the regulations obsolete. From the beginning difficulties arose about ratification, mainly because of the Right of Search given in the Treaty. They were, ho ver, overcome by 1892. In 1899 further provision was made for restricting the trade in spirituous liquors with the native tribes.
30. Bargain for the Substitution of Territorial for
MADAGASCAR AND ZANZIBAR
The Marquess of Salisbury to Sir E. Monson
FOREIGN OFFICE, April 22, 1897. SIR,
I have received your Excellency's despatch of the 6th instant, containing copies of two notes addressed to your Excellency by the French Minister of Foreign Affairs.
In the first of these M. Hanotaux states that he takes note of the assurances given to him by your Excellency on the 29th ultimo, to the effect that Her Majesty's Government were prepared to instruct their Agents in Madagascar to recognize the jurisdiction of the French Tribunals in the island over the British subjects established there, and adds that he would be glad to hear that the instructions had been sent by telegraph.
In the second his Excellency states that, in compliance with the wish expressed by your Excellency, the Government of the Republic is disposed to abandon the exercise of its rights of jurisdiction over those now subject to it in Zanzibar, on the day when the administration of justice there shall have been assured by properly constituted British Tribunals. His Excellency asks that you will communicate this declaration to Her Majesty's Government.
I requested your Excellency on the 11th instant to inform the French Government that, in view of these assurances, I had instructed the British Consular officers in the Island of Madagascar to recognize the jurisdiction of the French Tribunals in the island over British subjects.
Those instructions were sent by telegraph, and I request your Excellency to inform M. Hanotaux that Her Majesty's Government takes note with satisfaction of his Excellency's declaration in regard to the abandonment of French jurisdiction in Zanzibar.
(Signed) SALISBURY. (British Parliamentary Papers, Africa, No. 8 (1897), p. 59.)
31. A Modern Extradition Treaty
THE UNITED STATES AND FRANCE, 1909 The United States of America and the Republic of France, being desirous to confirm their friendly relations and to promote the cause of justice, have resolved to conclude a new treaty for the extradition of fugitives from justice, and have appointed for that purpose the following plenipotentiaries: (Here follow certain names.)
Who, after having communicated to each other their respective full powers, found in good and due form, have agreed upon and concluded the following articles:
The Government of the United States and the Government of France mutually agree to deliver up persons who, having been charged with or convicted of any of the crimes or offences specified in the following article, committed within the jurisdiction of one of the contracting parties, shall seek an asylum or be found within the territories of the other: provided that this shall only be done upon such evidence of criminality as, according to the laws of the place where the fugitive or person so charged shall be found, would justify his or her apprehension and commitment for trial if the crime or offence had been there committed.
Extradition shall be granted for the following crimes and offences:
1°. Murder, assassination, parricide, infanticide and poisoning; manslaughter, when voluntary; assault with intent to commit murder.
2o. Rape, abortion, bigamy. 3o. Arson. 4°. Robbery, burglary, house-breaking or shop-breaking.
5o. Forgery; the utterance of forged papers, the forgery or falsification of official acts of government, of public authority, or of courts of justice, or the utterance of the thing forged or falsified.
6o. The counterfeiting, falsifying or altering of money, whether coin or paper, or of instruments of debt created by national, state, provincial, municipal or other governments, or of coupons thereof, or of bank-notes, or the utterance or circulation of the same; or the counterfeiting, falsifying, or altering of seals of state.