time of the publication of the present Convention, betake themselves into the Territory of the other Sovereign, or to his Troops, shall also in like manner be subject to be delivered up, after a previous requisition to that effect; and with respect to such delivery in general, as well with reference to the forms to be observed on such occasions, as also to those Expences of subsistence which are to be reimbursed, the same proceedings shall be observed as are laid down in the present Convention, for the delivering up of Military Deserters.

But upon all such deliveries, when effected by the Magistracy, in consequence of a Requisition from the other Party, no Cartel-Money shall be paid.

XVI. Those Individuals who are of the age which renders them liable to Military Duty, according to the respective Laws of the Contracting Parties, and who, upon passing over into the Territory of the other Party, should, from their not being able to satisfy inquiries, incur the suspicion that they have intentionally withdrawn themselves from the Military Duty which they owe to their own State, shall be immediately remanded, and neither a residence nor protection shall be allowed to such Persons in the Territory of the other Party.

XVII. The Authorities and Subjects of both Parties shall be strictly prohibited from enlisting, for War-service, Deserters, and such other Individuals as are liable to Military Duty, who cannot satisfactorily prove their exemption from such duty, and from concealing the place of their retreat, or facilitating their removal to more distant Countries, in order to prevent any reclamations being made upon them. Moreover, it shall not be permitted that any Individuals of this description shall be enlisted by any Foreign Power whatever, within the Territories of the High Contracting Sovereigns.

XVIII. Whoever shall be guilty of wilfully concealing a Deserter, or Person liable to Military Duty, and of facilitating his escape, shall be severely punished by fine or imprisonment.

XIX. In like manner, the Subjects of each of the High Contracting Parties shall be forbidden to purchase, or otherwise to appropriate to themselves, the horse, saddle and equipments, arms, or uniform of a Deserter from the other Party. Any Person contravening this interdiction shall not only be compelled to restore the articles so purchased or appropriated, without the slightest compensation, or reimbursement of the value of them, but shall in addition be severely punished, by fine or imprisonment, if it can be proved that he has knowingly purchased or appropriated to himself such Articles from a Deserter.

XX. Whilst in the manner thus pointed out a reciprocal delivering up of Deserters, and Persons liable to Military Duty, will be regularly established, every arbitrary or forcible pursuit of a Deserter into the Territory of the other Party, shall be strictly forbid.

den and cautiously avoided, the same being regarded as a violation of Territory; and whoever shall be guilty of this offence shall be forthwith apprehended, if he be detected in the act, and be delivered up to his own Government, in order that he may receive the legal punish

ment.

XXI. If, however, a Subordinate Authority should be despatched into the Territory of the other Party by the Commander-General, who has pursued one or more Deserters as far as the Frontiers, in order to give information of the desertion to the Magistrates of the nearest Place, such a proceeding shall not be regarded in the light of a viola. tion of Territory.

But the Magistrates shall proceed, forthwith, to arrest the Deserter, if he be within their jurisdiction,and in this case, as also in all others generally, when a Deserter is apprehended by the Magistrates, no Cartel-Money shall be paid. The Subordinate Authority shall not, however, on any account, himself apprehend the Deserter, otherwise he shall be proceeded against, according to Article XX.

XXII. Every forcible or clandestine enlistment in the Territory of the other Party, and every temptation held out to Soldiers of the other Party, to induce them to desert, or to other Subjects of that Party, to induce them to decamp, and thereby avoid the Military Duty to which they are liable, shall be strictly forbidden.

Whoever shall be apprehended in consequence of any such proceeding, shall be subject to the punishment awarded by the Laws of that State, in which he has been found guilty of such an offence. And whoever shall avoid this punishment by flight, or shall endeavour to operate in the above manner, from his own Country, upon Subjects of the other Country, shall, upon a requisition being made to that effect, be subjected to an inquiry, and visited with special punishment, in his own Country.

XXIII. Those Individuals who may have deserted, before the publication of the present Convention, from the Troops of one of the High Contracting Sovereigns, and have either taken Military Service in the Army of the other Sovereign, or have resided in his Territories, without having again adopted such Service, shall not be liable to reclamation and to be delivered up.

XXIV. Those Natives of the Countries belonging to either Party, who may be actually in the Military Service of the other Sovereign, at the time of the publication of the present Convention, shall be free to choose, either to return to the place of their birth, or to remain in the Service in which they may have engaged. They must, however, at the latest within one year from the date of the publication of the present Convention, distinctly declare their determination upon these points, and a Discharge will be granted without hesitation to those who are desirous of returning to their own homes.

In the case of those who voluntarily capitulate, these stipulation's shall take effect, only after the expiration of the Capitulation.

XXV. The present Convention, the Ratifications of which shall be exchanged within 3 weeks, shall be published by the High Contracting Parties, respectively, at the same time, in order that it may be most scrupulously observed and enforced, and it shall be valid and effective for 6 years, with a tacit prolongation, until the period when a declaration for its discontinuance may be given, which declaration, moreover, each of the High Contracting Parties shall, at any subsequent time, be at liberty to give, one year previously thereto.

Done and subscribed at Dresden, on the 18th of April, 1817.

(L.S.)
(L.S.)

BARON VON OELSSEN.

DETTLEV COUNT VON EINSIEDEL.

We have approved and ratified the above Convention, after having previously examined its contents, as we do by the present Instrument approve and ratify it; and, at the same time, We do, for ourselves, and our Successors, pledge our Royal word to fulfil and maintain it entire, and not to allow any violation thereof.

In testimony of which we have subscribed with our own hand, the present Declaration of Ratification, and caused it to be sealed with our Royal Seal.

Given at Berlin, on the 3rd of May, 1817.

(L.S.)

PRINCE VON HARDENBERG.

FREDERICK WILLIAM.

BRITISH ORDER IN COUNCIL, relative to the Disposal of, and the Payment and Distribution of Bounties for, Captured Slaves.-11th July, 1817.

At the Court at Carlton House, the 11th day of July, 1817.

PRESENT,

HIS ROYAL HIGHNESS THE PRINCE REGENT IN

COUNCIL.

WHEREAS, by an Act made in the 47th Year of His Majesty's Reign, intituled "An Act for the Abolition of the Slave-trade,” it is among other things enacted, that all Slaves, and all Natives of Africa, treated, dealt with, carried, kept, or detained as Slaves, which shall be seized or taken as Prize of War, or liable to forfeiture under that or any other Act of Parliament made for restraining or prohibiting the African Slave-trade, shall and may, for the purposes only of seizure,

*See Vol: 1817-18. Page 559.

prosecution, and condemnation, as prize or as forfeitures, be considered, treated, taken, and adjudged as Slaves and Property, in the same manner as Negro Slaves have been heretofore considered, treated, taken, and adjudged, when seized as Prize of War, or as forfeited for any offence against the Laws of Trade and Navigation respectively; but the same shall be condemned as Prize of War, or as forfeited to the sole use of His Majesty, His Heirs and Successors, for the purpose only of divesting and barring all other property, right, title or interest whatever, which before existed, or might afterwards be set up or claimed, in or to such Slaves or Natives of Africa so seized, prosecuted, and condemned; and the same, nevertheless, shall in no case be liable to be sold, disposed of, treated, and dealt with as Slaves by or on the part of His Majesty, His Heirs or Successors, or by or on the part of any Person or Persons claiming or to claim from, by, or under His Majesty, His Heirs and Successors, or under or by force of any such Sentence of Condemnation: Provided always, that it shall be lawful for His Majesty, His Heirs and Successors, and such Officers, Civil or Military, as shall by any General or Special Order of the King in Council be from time to time appointed and empowered to receive, protect, and provide for such Natives of Africa as shall be so condemned, either to enter and enlist the same, or any of them, into His Majesty's Land or Sea Service as Soldiers, Seamen, or Marines, or to bind the same, or any of them, whether of full age or not, as Apprentices, for any term not exceeding 14 years, to such Person or Persons, in such Place or Places, and upon such terms and conditions, and subject to such Regulations, as to His Majesty shall seem meet, and as shall by any General or Special Order of His Majesty in Council be in that behalf directed and appointed; and any Indenture of Apprenticeship duly made and executed by any Person or Persons to be for that purpose appointed by any such Order in Council, for any term not exceeding 14 years, shall be of the same force and effect as if the Party thereby bound as an Apprentice had himself or herself, when of full age, upon good consideration, duly executed the same; and every such Native of Africa who shall be so enlisted or entered as aforesaid into any of His Majesty's Land or Sea Forces as a Soldier, Seaman, or Marine, shall be considered, treated, and dealt with in all respects as if he had voluntarily so enlisted or entered himself.

Provided also, and it is thereby further enacted, that where any Slaves or Natives of Africa, taken as Prize of War by any of His Majesty's Ships of War or Privateers duly commissioned, shall be finally condemned as such to His Majesty's use as aforesaid, there shall be paid to the Captors thereof by the Treasurer of His Majesty's Navy, in like manner as the Bounty called Head Money is now paid, by virtue of an Act of Parliament, made in the 45th year of fis

Majesty s Reign, intituled "An Act for the Encouragement of Seamen, and for the better and more effectually manning His Majesty's Navy, during the present War," such Bounty as His Majesty, His Heirs and Successors, shall have directed by any Order in Council, so as the same shall not exceed the Sum of £40 lawful money of Great Britain for every Man, or £30 of like money for every Woman, or £10 of like money for every Child or Person not above 14 years old, that shall be so taken and condemned, and shall be delivered over in good health to the proper Officer or Officers, Civil or Military, so appointed as aforesaid to receive, protect, and provide for the same; which Bounties shall be divided amongst the Officers, Seamen, Marines, and Soldiers on board His Majesty's Ships of War, or hired Armed Ships, in manner, form, and proportion as by His Majesty's Proclamation for granting the distribution of Prizes already issued or to be issued for that purpose, is or shall be directed and appointed, and amongst the Owners, Officers, and Seamen of any private Ship or Vessel of War, in such manner and proportion as by any Agreement in writing that they shall have entered into for that purpose shall be directed.

And it is in and by the said Act further enacted, that on the condemnation to the use of His Majesty, His Heirs and Successors, in manner aforesaid, of any Slaves or Natives of Africa, seized and prosecuted as forfeited for any offence against that Act, or any other Act of Parliament made for restraining or prohibiting the African Slavetrade, except in the case of seizures made at Sea by the Commanders or Officers of His Majesty's Ships or Vessels of War, there shall be paid to and to the use of the Person who shall have sued, informed, and prosecuted the same to condemnation, the sums of £13 lawful money aforesaid for every Man, of £10 like money for every Woman, and of £3 like money for every Child or Person under the age of 14 years, that shall be so condemned and delivered over in good health to the said Civil or Military Officer so to be appointed to receive, protect, and provide for the same, and also the like sums to and to the use of the Governor or Commander-in-Chief of any Colony or Plantation wherein such Seizure shall have been made; but in cases of any such Seizures made at Sea by the Commanders or Officers of His Majesty's Ships or Vessels of War for forfeiture under that Act, or any other Act of Parliament made for restraining or prohibiting the African Slave Trade, there shall be paid to the Commander or Officer who shall so seize, inform, and prosecute, for every Man so condemned and delivered over, the sum of £20 like money, for every Woman the sum of £15 like money, and for every Child or Person under the age of 14 years the sum of £5 like money, subject nevertheless to such distribution of the said bounties or rewards for the said Seizures made at Sea as His Majesty, His Heirs [1816—17.]

3 I