THE OTTOMAN PORTE. THE OTTOMAN PORTE, 1830. TREATY WITH THE OTTOMAN PORTE. CONCLUDED MAY 7, 1830; RATIFIED FEBRUARY 2, 1831; PROCLAIMED FEBRUARY 4, 1832. (a) The object of this firm instrument, and the motive of this writing well drawn up, is, that— Motives to treaty. No treaty or diplomatic and official convention having heretofore existed between the Sublime Porte, of perpetual duration, and the United States of America, at this time, in consideration of the desire formerly expressed, and of repeated propositions which have lately been renewed by that Power, and in consequence of the wish entertained by the Sublime Porte to testify to the United States of America its sentiments of friendship, we, the undersigned Commissioner, invested with the high office of Chief of the Chancery of State of the Sublime Porte, existing forever, having been permitted by His very Noble Imperial Majesty to negotiate and conclude a treaty, and having thereupon conferred with our friend the Honorable Charles Rhind, who has come to this Imperial Residence furnished with full powers to negotiate, settle, and conclude the articles of a treaty, separately and jointly with the other two Commissioners, Commodore Biddle and David Offley, now at Smyrna, have arranged, agreed upon, and concluded the following articles: ARTICLE I. Merchants. Merchants of the Sublime Porte, whether Mussulmans or Rayahs, going and coming in the countries, provinces, and ports of the United States of America, or proceeding from one port to another, or from the ports of the United States to those of other countries, shall pay the same duties and other imposts that are paid by the most favored nations; and they shall not be vexed by the exaction of higher duties; and, in travelling by sea and by land, all the privileges and distinctions observed towards the subjects of other Powers shall serve as a rule, and shall be observed towards the merchants and subjects of the Sublime Porte. In like manner, American merchants who shall come to the well-defended countries and ports of the Sublime Porte shall pay the same duties and other imposts that are paid by merchants of the most favored friendly Powers, and they shall not, in any way, be vexed or molested; on both sides travelling passports shall be granted. ARTICLE II. The Sublime Porte may establish Shahbenders (Consuls) in the United States of America, and the United States may appoint their citizens to be Consuls or Vice-Consuls at the commercial Consule. (a) Translation from the original Turkish of the treaty concluded between the United States and the Ottoman Porte. places in the dominions of the Sublime Porte where it shall be found needful to superintend the affairs of commerce. These Consuls or ViceConsuls shall be furnished with berats or firmans; they shall enjoy suitable distinction, and shall have necessary aid and protection. Employment of brokers. ARTICLE III. American merchants established in the well-defended States of the Sublime Porte for purposes of commerce shall have liberty to employ semsars, (brokers,) of any nation or religion, in like manner as merchants of other friendly Powers; and they shall not be disturbed in their affairs, nor shall they be treated, in any way, contrary to established usages. American vessels arriving at American vessels. or departing from the ports of the Ottoman Empire shall not be subjected to greater visit by the officers of the custom-house and the Chancery of the Port than vessels of the most favored nations. Settlement of dis putes. ARTICLE IV. If litigations and disputes should arise between the subjects of the Sublime Porte and citizens of the United States, the parties shall not be heard, nor shall judgment be pronounced unless the American Dragoman be present. Causes in which the sum may exceed five hundred piastres, shall be submitted to the Sublime Porte, to be decided according to the laws of equity and justice. Citizens of the United States of America, quietly pursuing their commerce, and not being charged or convicted of any crime or offence, shall not be molested; and even when they may have committed some offence they shall not be arrested and put in prison, by the local authorities, but they shall be tried by their Minister or Consul, and punished according to their offence, following, in this respect, the usage observed towards other Franks. Jurisdiction over American citizens. to be respected. ARTICLE V. American merchant vessels that trade to the dominions of the Sublime United States flag Porte, may go and come in perfect safety with their own flag; but they shall not take the flag of any other Power, nor shall they grant their flag to the vessels of other nations and Powers, nor to vessels of rayahs. The Minister, Consuls, and Vice-Consuls of the United States shall not protect, secretly or publicly, the rayahs of the Sublime Porte, and they shall never suffer a departure from the principles here laid down and agreed to by mutual consent. ARTICLE VI. Vessels of war of the two contracting parties, shall observe towards each other, demonstrations of friendship and good intelligence, according to naval usage; and towards merchant vessels they shall exhibit the same kind and courteous manner. ARTICLE VII. Merchant vessels of the United States, in like manner as vessels of the most favored nations, shall have liberty to pass the Canal of the Imperial Residence, and go and come in the Passage of the Dardanelles. Black Sea, either laden or in ballast; and they may be laden with the produce, manufactures, and effects of the Ottoman Empire, excepting such as are prohibited, as well as of their own country. ARTICLE VIII. Merchant vessels of the two contracting Parties shall not be forcibly taken, for the shipment of troops, munitions and other Ships not to be imobjects of war, if the captains or proprietors of the vessels, pressed shall be unwilling to freight them. ARTICLE IX. Wrecks. If any merchant vessel of either of the contracting parties should be wrecked, assistance and protection shall be afforded to those of the crew that may be saved; and the merchandise and effects, which it may be possible to save and recover, shall be conveyed to the Consul nearest to the place of the wreck, to be, by him, delivered to the proprietors. CONCLUSION. Ratifications. The foregoing articles, agreed upon and concluded between the Riasset (Chancery of State,) and the above-mentioned Commissioner of the United States, when signed by the other two commissioners, shall be exchanged. In ten months from the date of this temessuck, or instruments of treaty, the exchange of the ratifications of the two Powers shall be made, and the articles of this treaty shall have full force and be strictly observed by the two contracting Powers. Given the 14th day of the moon Zilcaade, and in the year of the Hegira 1245, corresponding with the 7th day of May, of the year 1830 of the Christian æra. MOHAMMED HAMED, OTTOMAN EMPIRE, 1862. TREATY OF COMMERCE AND NAVIGATION BETWEEN THE UNITED STATES OF AMERICA AND THE OTTOMAN EMPIRE. CONCLUDED AT CONSTAN-. TINOPLE FEBRUARY 25,1862; RATIFICATIONS EXCHANGED JUNE 5, 1862; PROCLAIMED JULY 2, 1862. Treaty of commerce and navigation between the United States of America and the Ottoman Empire. Contracting parties. The United States of America, on the one part, and His Imperial Majesty the Sultan of the Ottoman Empire, on the other part, being equally animated by the desire of extending the commercial relations between their respective countries, have agreed, for this purpose, to conclude a treaty of commerce and navigation, and have named as their respective Plenipotentiaries, that is to say: The President of the United States of America, Edward Joy Morris, Minister Resident at the Sublime Porte; and His Imperial Majesty the Sultan of the Ottoman Empire, His Highness Plenipotentiaries, Mehemed Emin Aali Pacha, Minister of Foreign Affairs, decorated with the Imperial Orders of the Othmanieh in Brilliants, the Majidieh, and Order of Merit of the first class, and the Grand Crosses of several foreign orders; Who, after having communicated to each other their respective full powers, found in good and due form, have agreed upon the following articles: Privileges, &c,, of former treaties confirmed, except as herein moditied. ARTICLE I. All rights, privileges, and immunities, which have been conferred on the citizens or vessels of the United States of America by the treaty already existing between the United States of America and the Ottoman Empire, are confirmed, now and forever, with the exception of those clauses of the said treaty which it is the object of the present treaty to modify; and it is moreover expressly stipulated that all rights, privileges, or immunities, which the Sublime Porte now grants, or may hereafter grant to, or suffer to be enjoyed by the subjects, ships, commerce, or navigation of any other foreign Power, shall be equally granted to and exercised and enjoyed by the citizens, vessels, commerce, and navigation of the United States of America. Rights of most favored nation. Citizens of the United States May make purchases in "Permits" ARTICLE II. The citizens of the United States of America, or their agents, shall be permitted to purchase, at all places in the Ottoman Empire and its possessions, (whether for the purposes of internal the Ottoman Empire. trade or of exportation,) all articles, without any exception whatsoever, the produce or manufacture of the said Empire and possessions; and the Sublime Porte having, in virtue of the second article of the convention of commerce of the 16th of August, 1838, with Great Britain, formally engaged to abolish all monopolies of agricultural proabol duce, or of every other article whatsoever, as well as all "permits" (tezkerehs) from the local Governors, either for the purchase of any article or for its removal from one place to another when purchased, any attempt to compel the citizens of the United States of America to receive such "permits" from the local Governors shall be considered as an infraction of this treaty, and the Sublime, Porte shall immediately punish with severity any Viziers or other officers who shall have been guilty of such misconduct, and shall render full justice to citizens of the United States of America for all losses or injuries which they may duly prove themselves to have suffered thereby. shed. Duties. ARTICLE III. If any articles of Ottoman produce or manufacture be purchased by citizens of the United States of America, or their agents, for the purpose of selling the same for internal consumption in Turkey, the said citizens, or their agents, shall pay at the purchase and sale of such articles, and in any manner of trade therein, the same duties that are paid in similar circumstances by the most favored class of Ottoman subjects, or of foreigners in the internal trade of the Ottoman Empire. ARTICLE IV. No other or higher duties or charges shall be imposed in the dominious and possessions of either of the contracting parties, on the exportation of any article to the dominions and possessions Duties on exports. Prohibitions. Export duty of of the other, than such as are or may be payable on the exportation of It is furthermore agreed that the duty of eight per cent. above mentioned will be annually reduced by one per cent., until it shall To be reduced one be in this manner finally reduced to a fixed duty of one per per cent. annually. cent. ad valorem, destined to cover the general expenses of administration and control. ARTICLE V. Duties on imports. No other or higher duties shall be imposed on the importation into the United States of America of any article the produce or manufacture of the dominions and possessions of His Imperial Majesty the Sultan, from whatever place arriving, whether by sea or by land; and no other or higher duties shall be imposed on the importation into the dominions and possessions of His Imperial Majesty of any article the produce or manufacture of the United States of America, from whatever place arriving, than are or may be payable on the like article the produce or manufacture of any other foreign country; nor shall any prohibition be maintained or imposed on the importation of any article the produce or manufacture of the dominions and possessions of either of the contracting parties into the dominions and possessions of the other, which shall not equally extend to the importation of the like articles being the produce or manufacture of any other country. cent. Prohibitions. His Imperial Majesty further engages that, save as hereinafter excepted, he will not prohibit the importation into his dominions and possessions of any article the produce and manufacture of the United States of America, from whatever place arriving; and that Import duties not the duties to be imposed on every article the produce or to exceed eight per manufacture of the United States of America imported into the Empire and possessions of His Imperial Majesty the Sultan shall in no case exceed one fixed rate of eight per cent. ad valorem, or a specific duty, fixed by common consent, equivalent thereto. Such rate shall be calculated upon the value of such articles at the wharf, and shall be payable at the time of their being landed, if brought by sea, or at the first custom-house they may reach, if brought by land. If these articles, after having paid the import duty of eight per cent., are sold, either at the place of their arrival or in the interior of the country, neither the buyer nor the seller shall be charged with any further duty in respect to them; and if such articles should not be sold for consumption in the Ottoman Empire, but should be re-exported within the space of six months, the same shall be considered as merchandise in transit by land, and be treated as it is Re-exportation. |