576 TREATY WITH GREAT BRITAIN. 1842. between that island and both the American and Canadian shores; and all the several channels and passages between the various islands lying near the junction of the river St. Clair with the lake of that name, shall be equally free and open to the ships, vessels, and boats of both parties. ARTICLE VIII. Mutual agree- The parties mutually stipulate that each shall prepare, equip, and m¤¤*f¤¤‘_¤l¤¤ maintain in service, on the coast of Africa, a sufficient and adequate
- Q§p;f’ff;°{;:j,, squadron, or naval force of vessels, of suitable numbers and descrip-
' tions, to carry in all not less than eighty guns, to enforce, separately and respectively, the laws, rights, and obligations, of each of the two countries, for the suppression of the slave trade; the said squadrons to be independent of each other; but the two Governments stipulating, nevertheless, to give such orders to the officers commanding their respective forces as shall enable them most effectually to act in concert and co·operation, upon mutual consultation, as exigencies may arise, for the attainment of the true object of this article; copies of all such orders to be communicated by each Government to the other, respectively. ARTICLE IX. plmm to umm Whereas, notwithstanding all efforts which may be made on the coast in remcn- _ of Africa for suppressing the slave trade, the facilities for carrying on
that traflic, and avoiding the vigilance of cruisers, by the fraudulent
within Wim., use of flags and other means, are so great, and the temptations for purdominions u suing it, while a market can be found for slaves, so strong, as that the {Eggsés: f°““d desired result may be long delayed, unless all markets be shut against `the purchase of African negroes; the parties to this treaty agree that they will unite in all becoming representations and remonstrances, with any and all Powers within whose dominions such markets are allowed to exist; and that they will urge upon all such Powers the propriety and duty of closing such markets effectually, at once and forever. ARTICLE X. Ctiminumo b,, It is agreed that the United States and Her Britannic Majesty shall, delivered upto upon mutual requisitions by them, or their ministers, officers, or au-
- ";‘;'rg“$* thorities, respectively made, deliver up to justice all persons who, being
,,E,,_ kg charged with the crime of murder, or assault with intent to commit 1848 ch 167 murder, or piracy, or arson, or robbery, or forgery, or the utterance of ’‘ forged paper, committed within the jurisdiction of either, shall seek an asylum, or shall 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 apprehension and commitment for trial, if the crime or offence had there been committed: and the respective judges and other magistrates of the two Governments shall have power, jurisdiction, and authority, upon complaint made under oath, to issue a warrant for the apprehension of the fugitive or person so charged, that he may be brought before such judges or other magistrates, respectivel y, to the end that the evidence of criminality may be heard and considered; and if, on such hearinrr, the evidence be deemed sufficient to sustain the charge, it shall be the duty of the examining judge or magistrate to certify the same to the proper Executive authority, that a warrant may issue for the surrender of such fugitive. The expense of such apprehension and delivery shall be borne and defrayed by the party who makes the requisition, and receives the fugitive.
