(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

100 tons to 120 inclusive, £5 per diem.

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.

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 warraut 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,
Saturday, September 15, 1860.

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. LII.] F

from the opposite door, and thrown out of the door on to the platform. The lady who was with me was also treated in a very rough

manner.

After the train went off, and we were in the telegraph office, the same railway official came pushing up to me (without any provocation), in the most insolent manner. I pushed him back, and was immediately surrounded by all the officials of the place, and treated, shaken, in a most savage manner. Being by myself I was entirely at their mercy.

I was taken before a police officer, accused of striking and kicking the railway people, and marched off to prison, where I was searched, all my money, watch, &c., taken from me, and locked up in a cell. I could not get anything to eat (though I had not tasted food since that morning), and in the morning when I again asked for food, they brought me some stuff which (when I tried to eat it) made me sick.

The next day, some officials came to me, and they took down what I had to say (through an interpreter), and told me I should be put on my trial perhaps next Tuesday, but they could not say for certain. In the meantime I am kept a close prisoner here, only allowed to see any one for half-an-hour in a day, and that in presence of the Governor, and even that indulgence requires a special order.

Our Consul came to see me yesterday. He says the punishment of the offence I am charged with must be imprisonment, the least a fortnight, and the most two years, and that they will not take into account the punishment I am now undergoing; that I have no chance of justice, as the officials of the railway all pull together, and no one can speak for me, as the train at once went off.

But the principal person here told the Consul you can claim me as an English subject, and Member of Her Majesty's Household (which I am), and thus put an end to the matter.

Our Consul has advised me to write this letter to you. If I was in an English prison, with cleanliness about me, I would not ask you to lay this, my humble request, before Her Majesty, as I have no desire to seek notoriety; but being locked up every night in a chilly cell, in a foreign land, not understanding their language, with other prisoners, and their dirty habits, is no small punishment to an English officer and gentleman, and so I take the liberty of troubling your Lordship with this unavoidably long letter. If I am treated thus before I am even tried, how shall I be treated when condemned? I would willingly undergo any punishment if there was any chance of bringing the fellows to justice, but I am told there is not the slightest. I state, upon my honour, that I did not strike the man, for two reasons, 1st, because I know how jealous foreigners