« PreviousContinue »
into any voluntary war or act of hostility against any Mahometan nation, except in the defence of their just rights to freely navigate the high seas, it is declared by the contracting parties, that no pretext arising from religious opinions shall ever produce an interruption of the harmony existing between the two nations. And the Consuls and Agents of both nations respectively, shall have liberty to exercise his religion in his own house. All slaves of the same religion shall not be impeded in going to said Consul's house at hours of prayer. The Consuls shall have liberty and personal security given them to travel within the territories of each other both by land and sea, and shall not be prevented from going on board any vessel that they may think proper to visit. They shall have likewise the liberty to appoint their own drogainan and brokers.
t Article XV.
In case of any dispute arising, from the violation of any of the articles of this treaty, no appeal shall be made to arms; nor shall war be declared on any pretext whatever; but if the Consul fore mi apfresl to residing at the place where the dispute shall happen shall not be able to settle the same, the Government of that country s.hall state their grievances in writing, and transmit it to the Government of the other; and the period of twelve calendar months shall be allowed for answers to be returned, during which time no act of hostility shall be permitted by either party; and in case the grievances are not redressed, and a war should be the event, the Conswls and citizens or subjects of both parties, reciprocally, shall be permitted to embark with their effects unmolested on board of what vessel or vessels they shall think proper.
If, in the fluctuation of human events, a war should break out between the two nations, the prisoners captured by either party shall not be made slaves, but shall be exchanged rank for rank. And if there should be a deficiency on either side, it shall be made up by the payment of five hundred Spanish dollars for each captain, three hundred dollars for each mate and supercargo, and one hundred Spanish dollars for each seaman so wanting. Aud it is agreed that prisoners shall be exchanged in twelvemonths from the time of their capture; and that the exchange may be effected by any private individual legally authorized by either of the parties.
If any of the Barbary States, or other Powers, at war with the United States of America, shall capture any American vessel, and rmma, rf 0>iu-l send her into any of the ports of the Regency of Tripoli, ^""•fXTartw they shall not be permitted to sell her, but shall be obliged s""*to depart the port, ou procuring the requisite supplies of provisions; and no duties shall be exacted on the sale of prizes, captured by the vessels sailing under the flag of the United States of America, when brought into any port in the Itegency of Tripoli.
If any of the citizens of the United States, or any persons under their
protection, shall have auy disputes with each other, the tied by the ronvul of Consul shall decide between the parties, and whenever the
Consul shall require any aid or assistance from the Government of Tripoli to enforce his decisions, it shall immediately be granted to him, and if any disputes shall arise between any citizen of the United States and the citizens or subjects of any other nation having a Consnl or Agent in Tripoli; such disputes shall be settled by the Consuls or Agents of the respective nations.
If a citizen of the United States should kill or wound a Tripoline, or, on the contrary, if a Tripoline shall kill or wound a citizen
wii .55, "uLrjTo of the United States, the law of the country shall take place, and equal justice shall be rendered, the Consul assisting at
the trial; and if any delinquent shall make his escape, the Consul shall
not be answerable for him in auy manner whatever.
Should any of the citizens of the United States of America die within the limits of the Regency of Tripoli, the Bashaw and his st,.'er">".M. subjects shall not interfere with the property of the deceased, Hw'"° Tr,po1' but it shall be under the immediate direction of the Consul, unless otherwise disposed of by will. Should there be no Consul, the effects shall be deposited in the hands of some person worthy of trust, until the party shall appear who has a right to demand them, when they shall render an account of the property. Neither shall the Bashaw or his subjects give hindrance in the execution of any will that may appear.
Whereas the undersigned, Tobias Lear, Consul General of the United States of America, for the Kegency of Algiers, beiug duly appointed Commissioner, by letters-patent under the signature of the President and seal of the United States of America, bearing date at the city of Washington, the 18th day of November, one thousand eight hundred and three, for negociating and concluding a treaty of peace between the United States of America, and the Bashaw, Bey, and subjects of the Regency of Tripoli in Barbary.
Now know ye, that I, Tobias Lear, Commissioner as aforesaid, do conclude the foregoing treaty, and every article and clause therein contained, reserving the same, nevertheless, for the final ratification of the President of the United States of America, by and with the advice and consent of the Senate of the said United States.
Done at Tripoli, iu Barbary, the fourth day of June, in the year one thousand eight hundred and five, corresponding with the sixth day of the first month of Rabbia, 11320.
Having appeared in our presence, Colonel Tobias Lear, Consul-General of the United States of America, in the Regency of Algiers, and Commissioner for negociating and concluding a treaty of peace and friendship between us and the United States of America, bringing with him the present treaty of peace, with the within articles, they were by us minutely examined, and we do hereby accept, confirm, and ratify them, ordering all our subjects to fulfil entirely their contents without any violation, and under no pretext.
In witness whereof we, with the heads of our Eegeucy, subscribe it. Given at Tripoli, in Barbary, the sixth day of the first month of Rabbia, 1220, corresponding with the fourth day of June, 1805.
JUSUF CARAMANLY, Baslmw.
TREATY OF TEACE AND FRIENDSHIP BETWEEN THE UNITED STATES OF AMERICA AND THE KINGDOM OF TUNIS. CONCLUDED AUGUST, 1797, MARCH 26, 1799.
God is infinite.
Under the auspices of the greatest, the most powerful of all the Priuces of the Ottoman nation who reign upon the earth, our most glorious and most august Emperor, who commands the two lauds and the two seas, Selim Kan, the victorious son of the Sultan Moustafa, whose realm may God prosper until the end of ages, the support of Kings, the Seal of Justice, the Emperor of Emperors.
The Most Illustrious and Most Magnificent Prince, Hamouda Pacha. Bey, who commands the Odgiak of Tunis, the abode of happiness, and the Most Honored Ibrahim Dey, and Soliman, Aga of the Janissaries, and Chief of the Divan, and all the Elders of the Odgiak; and the Most Distinguished and Honored President of the Congress of the Uuited States of America, the most distinguished among those who profess the religion of the Messiah, of whom may the end be happy.
We have concluded between us the present treaty of peace and friend ship, all the articles of which have been framed by the intervention of Joseph Stephen Farain, French merchant residing at Tunis, Charge d'Aftaires of the United States of America, which stipulations aud conditions are comprised in twenty three articles, written and expressed in such manner as to leave no doubt of their contents, and in such way as not to be contravened.
There shall be a perpetual and constant peace between the Uuited States of America and the Magnificent Pacha, Bey of TM°' Tunis; and also a permanent friendship, which shall more and more increase.
If a vessel of war of the two nations shall make prize of an enemy's R^torationor.ub. vessel, in which may be found effects, property, aud subi«t. »d tooi,. jec(:s 0f tne two contracting parties, the whole shall be restored: the Bey shall restore the property and subjects of the United States, and the latter shall make a reciprocal restoration, it .being understood on both sides that the just right to what is claimed shall l»e proved.
Merchandise belonging to any nation which may be at war with one itucmi-.-.ood. o„ of t',e contracting parties, and loaded on board of the vesw"ul"»"T,,'th° sels of the other, shall pass without molestation, and with
purlin lo be free. . .... . . . 7 .
out any attempt being made to capture or detain it.
On both sides sufficient passports shall be given to vessels, that they may be known and treated as friendly; and, considering the distance between the two countries, a term of eighteen months is given, within which term respect shall be paid to the said passports, without requiring the conge" or document, (which, at Tunis, is called testa,) but after the said term the conge" shall be presented.
If the corsairs of Tunis shall meet at sea with ships of war of the United States, having under their escort merchant-vessels of their amm*** «r . nation, they shall not be searched or molested; and in such SS'/wI't^S'K case the commanders shall be believed upon their word, to r"mlLrr'cTlJl exempt their ships from beiug visited, and to avoid quarantine. The American ships of war shall act in like manner towards merchant-vessels escorted by the corsairs of Tunis.
If a Tunisian corsair shall meet with an American merchant-vessel, and shall visit it with her boat, she shall not exact any- Notlm„ to bP M. thing, under pain of beiug severely punished. And in like *cMJ,'»m manner if a vessel of war of the United States shall meet with a Tunisian merchant-vessel, she shall observe the same rule. In ,„,ilire,u„. „d case a slave shall take refuge on board of an American ves- "t'ummsel of war, the Consul shall be required to cause him to be restored; and if any of their prisoners shall escape on board of the Tunisian vessels they shall be restored. But if any slave shall take refuge in any American merchant vessel, and it shall be proved that the vessel has departed with the said slave, then he shall be returned, or his ransom shall be paid.
An American citizen having purchased a prize vessel from our Odgiak, may sail with our passport, which we will deliver for the term of one year, by force of which our corsairs which may meet with her shall respect her; the Consul, on his part, shall furnish her with a bill of sale, and, considering the distance of the two countries', this term shall suffice to obtain a passport in form. But, after the expiration of this term, if our corsairs shall meet with her without the passport of the United States, she shall be stopped and declared good prize, as well the vessel as the cargo and crew.
If a vessel of one of the contracting parties shall be obliged to enter into a port of the other, and may have need of provisions H».Pit»iiiv u t. and other articles, they shall be granted to her without "r°uudany difficulty, at the price current at the place; and if such a vessel shall have suffered at sea, and shall have need of repairs, she shall be at liberty to unload and reload her cargo, without being obliged to pay any duty; and the captain shall only be obliged to pay the wages of those whom he shall have employed in loading and unloading the merchandise.