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tection of the Prince, and under the jurisdiction of the chief of the place. where they may be, and no other person shall have authority over them. If the commandant of the place does not conduct himself agreeably to justice, a representation of it shall be made to us.
In case the government shall have need of an American merchant vessel, it shall cause it to be freighted, and then a suitable freight shall be paid to the captain agreeably to the intention of the government, and the captain shall not refuse it.
If among the crews of merchant vessels of the United States, there shall be found subjects of our enemies, they shall not be made slaves, on condition that they do not exceed a third of the crew; and when they do exceed a third, they shall be made slaves: The present article only concerns the sailors, and not the passengers, who shall not be in any manner molested.
A Tunisian merchant, who may go to America with a vessel of any nation soever, loaded with merchandise which is the production of the kingdom of Tunis, shall pay duty (small as it is) like the merchants of other nations; and the American merchants shall equally pay for the merchandise of their country, which they may bring to Tunis under their flag, the same duty as the Tunisians pay in America.
But if an American merchant, or a merchant of any other nation, shall bring American merchandise under any other flag, he shall pay six per cent. duty: In like manner, if a foreign merchant shall bring the merchandise of his country under the American flag, he shall also pay six per cent.
It shall be free for the citizens of the United States to carry on what commerce they please in the kingdom of Tunis, without any opposition, and they shall be treated like the merchants of other nations; but they shall not carry on commerce in wine, nor in prohibited articles : And if any one shall be detected in a contraband trade, he shall be punished accoring to the laws of the country. The commandants of ports and castles shall take care, that the captains and sailors shall not load prohibited articles; but if this should happen, those who shall not have contributed to the smuggling shall not be molested nor searched, no more than shall the vessel and cargo; but only the offender, who shall be demanded to be punished. No captain shall be obliged to receive. merch: ndise on board of his vessel, nor to unlade the same against his will, until the freight shall be paid.
The merchant vessels of the United States which shall cast anchor in the road of the Gouletta, or any other port of the kingdom of Tunis,` shall be obliged to pay the same anchorage for entry and departure which French vessels pay, to wit: Seventeen piasters and an half, money of Tunis, for entry, if they import merchandise; and the same for departure, if they take away a cargo; but they shall not be obliged to pay anchorage if they arrive in bailast, and depart in the same manner. ARTICLE XVII.
Each of the contracting parties shall be at liberty to establish a con
sul 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 for his family and suite, the protection of the government: And he may import for his own tise 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. 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 satisfaction. ARTICLE XIX.
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.
The consul shall be the judge in all disputes between his fellow-citizens or subjects, as also between all other persons who may be imme diately 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.
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 offence shall be committed: The consul shall be present at the trial; but if any offender shall escape, the con sul shall be in no manner responsible for it.
If a dispute or law-suit 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.
If any difference or dispute shall take place concerning the infraction of any article of the present treaty on either side, peace and good harmony shall not be interrupted, until a friendly application shall have been made for satisfaction; and resort shall not be had to arms therefor, except where such application shall have been rejected; and if war be then declared, the term of one year shall be allowed to the citizens of subjects of the contracting parties to arrange their affairs, and to withdraw themselves with their property.
The agreements and terms above concluded by the two contracting parties, shall be punctually observed with the will of the Most High : And for the maintenance and exact observance of the said agreements, we have caused their contents to be here transcribed, in the present month of Rebia Elul, of the Hegira one thousand two hundred and twelve, corresponding with the month of August, of the Christian year one thou sand seven hundred and ninety-seven.
WHEREAS the President of the United States of America,by his letters patent, under his signature and the seal of state, dated the eighteenth day of December, one thousand seven hundred and ninety-eight, vested Richard O'Brien, William Eaton, and James Leander Cathcart, or any two of them in the absence of the third, with full powers to confer, negotiate and conclude with the Bey and Regency of Tunis, on certain alterations in the treaty between the United States and the government of Tunis, concluded by the intervention of Joseph Etienne Famin, on behalf of the United States, in the month of August, one thousand seven hundred and ninety-seven, We the underwritten William Eaton and James Leander Cathcart (Richard O'Brien being absent) have concluded on and entered, in the foregoing treaty, certain alterations in the eleventh, twelfth, and fourteenth articles, and do agree to said treaty with said alterations, reserving the same nevertheless for the final ratification of the President of the United States, by and with the advice and consent of the Senate.
Done in Tunis, the twenty-sixth day of March, in the year of the Christian era one thousand seven hundred and ninety-nine, and of American independence the twenty-third.
JAMES LEANDER CATHCART.
Treaty of Amity and Commerce,
Between His Majesty the KING of PRUSSIA, and the UNITED STATES of
IS Majesty the King of Prussia, and the United States of Ame rica, desiring to maintain upon a stable and permanent footing, the connections of good understanding, which have hitherto so happily subsisted between their respective states, and for this purpose to renew the Treaty of Amity and Commerce concluded between the two powers, at the Hague, the 10th of September, 1785, for the term of ten years, his Prussian Majesty has nominated and constituted as his plenipotentiaries, the Count Charles William de Finkenstein, his Minister of State, of War, and of the Cabinet, Knight of the orders of the black Eagle and of the red Eagle, and commander of that of St. John of Jerusalem, the Baron Philip Charles d'Alvensleben, his Minister of State, of War, and of the Cabinet, Knight of the orders of the black Eagle and of the red Eagle, and of that of St. John of Jerusalem, and the * See vol. 2, page 308.
Count Christian Henry Curt de Haugwitz, his Minister of State, of War, and of the Cabinet, Knight of the orders of the black Eagle and of the red Eagle; and the President of the United States has furnished with their full powers, John Quincy Adams, a citizen of the United States, and their Minister Plenipotentiary at the court of his Prussian Majesty; which plenipotentiaries, after having exchanged their full powers, found in good and due form, have concluded, settled, and signed the following articles:
There shall be in future, as there has been hitherto, a firm, inviolable, and universal peace, and a sincere friendship, between his Majesty the King of Prussia, his heirs, successors, and subjects, on the one part, and the United States of America, and their citizens on the other, without exception of persons or places.
The subjects of his Majesty the King of Prussia, may frequent all the coasts and countries of the United States of America, and reside and trade there, in all sorts of produce, manufactures and merchandise, and shall pay there no other or greater duties, charges or fees whatsoever, than the most favored nations are or shall be obliged to pay. They shall also enjoy, in navigation and commerce, all the rights, privileges and exemptions, which the most favored nation does or shall enjoy, submitting themselves nevertheless to the established laws and usages, to which are submitted the citizens of the United States, and the most favored nations.
In like manner the citizens of the United States of America may frequent all the coasts and countries of his Majesty the King of Prussia, and reside and trade there, in all sorts of produce, manufactures and merchandise, and shall pay, in the dominions of his said Majesty, no other or greater duties, charges or fees whatsoever, than the most favored nation is or shall be obliged to pay; and they shall enjoy all the rights, privileges and exemptions, in navigation and commerce, which the most favored nation does or shall enjoy; submitting themselves nevertheless to the established laws and usages, to which are submitted the subjects of his Majesty the King of Prussia, and the subjects and citizens of the most favored nations.
More especially, each party shall have a right to carry their own produce, manufactures and merchandise, in their own or any other vessels, to any parts of the dominions of the other, where it shall be lawful for all the subjects and citizens of that other freely to purchase them, and thence to take the produce, manufactures and merchandise of the other, which all the said citizens or subjects shall in like manner be free to sell to them, paying in both cases, such duties, charges, and fees only, as are or shall be paid, by the most favored nation. Nevertheless, his Majesty the King of Prussia and the United States, respectively, reserve to themselves the right, where any nation restrains the transportation of merchandise to the vessels of the country, of which it is the growth or manufacture, to establish against such nation retaliating regulations; and also the right to prohibit in their respective
countries, the importation and exportation of all merchandise whatsoever, when reasons of state shall require it. In this case the subjects or citizens of either of the contracting parties shall not import or export the merchandise prohibited by the other. But if one of the contracting parties permits any other nation to import or export the same merchandise, the citizens or subjects of the other shall immediately enjoy the same liberty.
The merchants, commanders of vessels, or other subjects or citizens of either party, shall not, within the ports or jurisdiction of the other, be forced to unload any sort of merchandise into any other vessels, nor to receive them into their own, nor to wait for their being loaded lon, ger than they please.
That the vessels of either party, loading within the ports or juris diction of the other, may not be uselessly harrassed, or detained, it is agreed, that all examinations of goods, required by the laws, shall be made before they are laden on board the vessel, and that there shall be no examination after; nor shall the vessel be searched at any time, unless articles shall have been laden therein clandestinely and illegally, in which case the person by whose order they were carried on board, or who carried them without order, shall be liable to the laws of the land in which he is, but no other person shall be molested, nor shall any other goods, nor the vessel, be seized or detained for that cause. ARTICLE VII.
Each party shall endeavor by all the means in their power to protect and defend all vessels and other effects, belonging to the citizens or subjects of the other, which shall be within the extent of their jurisdiction by sea or by land; and shall use all their efforts to recover, and cause to be restored to the right owners, their vessels and effects, which shall be taken from them within the extent of their said jurisdic ARTICLE VIII.
The vessels of the subjects or citizens of either party, coming on any coast, belonging to the other, but not willing to enter into port, or who entering into port are not willing to unload their cargoes or break bulk, shall have liberty to depart, and to pursue their voyage, without molestation, and without being obliged to render account of their cargo, or to pay any duties, charges or fees whatsoever, except those established for vessels entered into port, and appropriated to the maintenance of the port itself, or of other establishments for the safety and convenience of navigators, which duties, charges, and fees, shall be the same, and shall be paid on the same footing, as in the case of subjects or citizens of the country, where they are established..
When any vessel of either party shall be wrecked, foundered,or other. wise damaged on the coasts or within the dominions of the other, their respective citizens or subjects shall receive, as well for themselves as for their vessels and effects, the same assistance, which would be due to the inhabitants of the country where the damage happens, and shall pay the same charges and dues only as the said inhabitants would be subject to pay in a like case; and if the operations of repair shall re