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758.. ARTICLE XX.

Effects

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Should any citizen of the United States of America die within the limits of the regency of Tripoli, the Ba- ceased citizens. shaw and his subjects shall not interfere with the property of the deceased; 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 hinderance in the execution of any will that may appear.

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Treaty concluded August, 1797, (Peace and Friendship.)

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Each of the contracting parties shall be at liberty Consul to establish a Consul in the dependencies of the other; and if such Consul does not act in conformity with the usages of the country, like others, the government of the place shall inform his government of it, to the end that he may be changed and replaced; but he shall enjoy, as well for himself as his family and suite, the protection of the government; and he may import for Privileges. his own use all his provisions and furniture, without paying any duty; and if he shall import merchandise, (which it shall be lawful for him to do,) he shall pay duty for it.

760.. ARTICLE XVIII.

If the subjects or citizens of either of the contracting parties, being within the possessions of the other, contract debts, or enter into obligations, neither the Consul nor the nation, nor any subjects or citizens thereof, shall be in any manner responsible, except they or the Consul shall have previously become bound in writing; and without this obligation in writing, they cannot be called upon for indemnity or satisfac

Debts.

Effects of ceased citziens.

Civil disputes.

761.. ARTICLE XIX.

de- In case of a citizen or subject of either of the contracting parties dying within the possessions of the other, the Consul or the Vekil shall take possession of his effects, (if he does not leave a will,) of which he shall make an inventory; and the government of the place shall have nothing to do therewith; and if there shall be no Consul, the effects shall be deposited in the hands of a confidential person of the place, taking an inventory of the whole, that they may eventually be delivered to those to whom they of right belong.

Assault and homicide.

Civil suits.

762.. ARTICLE XX.

The Consul shall be the judge of all disputes between his fellow-citizens or subjects, as also between all other persons who may be immediately under his protection; and in all cases wherein he shall require the assistance of the government where he resides to sanction his decisions, it shall be granted to him.

763.. ARTICLE XXI.

If a citizen or subject of one of the parties shall kill, wound, or strike a citizen or subject of the other, justice shall be done according to the laws of the country where the offense shall be committed; the Consul shall be present at the trial; but if any offender shall escape, the Consul shall be in no manner responsible for it.

764.. ARTICLE XXII.

If a dispute or lawsuit on commercial or other civil matters shall happen, the trial shall be had in the presence of the Consul, or of a confidential person of his choice, who shall represent him, and endeavor to accommodate the difference which may have happened between the citizens or subjects of the two nations.

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Consuls and Vice-Consuls.

Treaty concluded May 7, 1830, (Commerce and Navigation.)

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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 ViceConsuls at the commercial places in the dominions of

the Sublime Porte where it shall be found needful to superintend the affairs of commerce. These Consuls or Vice-Consuls shall be furnished with berats or firmans; they shall enjoy suitable distinction, and shall have necessary aid and protection.

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766.. ARTICLE IV.

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If litigations and disputes should arise between sub- Settlement jects of the Sublime Porte and citizens of the United disputes. States, the parties shall not be heard, nor shall judgments be pronounced unless the American Dragoman be present. Causes in which the sum may exceed five hundred piasters 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 offense, shall not be molested; and even when they may have committed some offense 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 offense, following, in this respect, the usage observed toward other Franks.*

767.. ARTICLE V.

of

American merchant-vessels that trade to the domin- Merchant - ves ions of the Sublime Porte may go and come in perfect

*The Ottoman Porte declines to accept the interpretation of a portion of Article IV which is given in the English translation of the treaty of 1830, with Turkey. as follows: "But they shall be tried by their Minister or Cousul and punished according to their offense, following, in this respect, the usage observed toward other Franks," and claims that the terms of the original Turkish text, which was accepted by the American negotiator to be strictly observed on all occasions, does not affect the rights of the Turkish government with respect to the preventive arrest and holding in custody of foreign subjects during criminal proceedings of which they may be the objects, and that it accords to Americans the same privilege which the subjects of other powers already enjoyed, viz, the leaving to the Minister or Consul the execution of the punishments to which Americans may be condemned in case of crimes or offenses.

Mr. Morris, United States Minister to Turkey, was informed on the 19th of October, in dispatch No. 221, that the President had determined to submit the facts to the consideration of the Senate and await its resolution before inaugurating diplomatic action. Mr. Morris was instructed in the mean time to avoid, and direct our Consular Officers to avoid, making any issue, the maintaining of which depended upon the English version of the fourth and seventh articles, which is contained in our statutes, or drawing in question the construction which the government of Turkey put upon the original documents.

sels.

Wrecks.

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 the vessels of rayahs. The Minister, Consuls, and ViceConsuls 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.

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768.. ARTICLE IX.

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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.

APPENDIX No. II.

EXTRACTS FROM CONVENTIONS RELATING TO NATURALIZATION.

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