TEXAS. TEXAS, 1838. CONVENTION BETWEEN THE GOVERNMENT OF THE UNITED STATES OF AMERICA AND THE GOVERNMENT OF THE REPUBLIC OF TEXAS, TO TERMINATE THE RECLAMATIONS OF THE FORMER GOVERNMENT FOR THE CAPTURE, SEIZURE, AND DETENTION OF THE BRIGS POCKET AND DURANGO, AND FOR INJURIES SUFFERED BY AMERICAN CITIZENS ON BOARD THE POCKET. CONCLUDED APRIL 11, 1838; RATIFICATIONS EXCHANGED JULY 6, 1838; PROCLAIMED JULY 6, 1838. Alcée La Branche, Chargé d'Affaires of the United States of America, near the Republic of Texas, acting on behalf of the said United States of America, and R. A. Irion, Secretary of State of the Republic of Texas, acting on behalf of the said Republic, have agreed to the following articles: Texas agrees to States. ARTICLE I. The Government of the Republic of Texas, with a view to satisfy the aforesaid reclamations for the capture, seizure, and confisindemnify United cation of the two vessels aforementioned, as well as for indemnity to American citizens who have suffered injuries from the said Government of Texas, or its officers, obliges itself to pay the sum of eleven thousand seven hundred and fifty dollars ($11,750) to the Government of the United States of America, to be distributed amongst the claimants by the said Government of the United States of America. indemnity. ARTICLE II. The sum of eleven thousand seven hundred and fifty dollars, ($11,750,) Payment of said agreed on in the first art[icle,] shall be paid in gold or silver, with interest at six per cent., one year after the exchange of the ratifications of this convention. The said payment shall be made at the seat of Government of the Republic of Texas, into the hands of such person or persons as shall be duly authorized by the Government of the United States of America to receive the same. Ratifications. ARTICLE III. The present convention shall be ratified, and the ratifications thereof shall be exchanged in the city of Washington, in the space of three months from this date, or sooner if possible. In faith whereof the parties above named have respectively subscribed these articles, and thereto affixed their seals. Done at the city of Houston on the eleventh day of the month of April, one thousand eight hundred and thirty-eight. ALCÉE LA BRANCHE. [L. S.] [L. S.] TEXAS, 1838. CONVENTION BETWEEN THE UNITED STATES OF AMERICA AND THE REPUBLIC OF TEXAS FOR MARKING THE BOUNDARY BETWEEN THEM. CONCLUDED APRIL 25, 1838; RATIFICATIONS EXCHANGED OCTOBER 12, 1838; PROCLAIMED OCTOBER 13, 1838. Whereas the treaty of limits made and concluded on the twelfth day of January, in the year of our Lord one thousand eight hundred and twenty-eight, between the United States of America on the one part and the United Mexican States on the other, is binding upon the Republic of Texas, the same having been entered into at a time when Texas formed a part of the said United Mexican States; And whereas it is deemed proper and expedient, in order to prevent future disputes and collisions between the United States and Texas in regard to the boundary between the two countries as designated by the said treaty, that a portion of the same should be run and marked without unnecessary delay: The President of the United States has appointed John Forsyth their Plenipotentiary, and the President of the Republic of Texas has appointed Memucan Hunt its Plenipotentiary; And the said Plenipotentiaries, having exchanged their full powers, have agreed upon and concluded the following articles: ARTICLE I. Boundary line. Each of the contracting parties shall appoint a commissioner and surveyor, who shall meet, before the termination of twelve months from the exchange of the ratifications of this convention, at New Orleans, and proceed to run and mark that portion of the said boundary which extends from the mouth of the Sabine, where that river enters the Gulph of Mexico, to the Red River. They shall, make out plans and keep journals of their proceedings, and the result agreed upon by them shall be considered as part of this convention, and shall have the same force as if it were inserted therein. The two Governments will amicably agree respecting the necessary articles to be furnished to those persons, and also as to their respective escorts, should such be deemed necessary. ARTICLE II. Each party to exercise until the line is And it is agreed that until this line shall be marked out, as is provided for in the foregoing article, each of the contracting parties shall continue to exercise jurisdiction in all territory jurisdiction over which its jurisdiction has hitherto been exercised; and marked. that the remaining portion of the said boundary line shall be run and marked at such time hereafter as may suit the convenience of both the contracting parties, until which time each of the said parties shall exercise, without the interference of the other, within the territory of which the boundary shall not have been so marked and run, jurisdiction to the same extent to which it has been heretofore usually exercised. ARTICLE III. The present convention shall be ratified, and the ratifications shall Ratifications. be exchanged at Washington, within the term of six months from the date hereof, or sooner if possible. In witness whereof we, the respective Plenipotentiaries, have signed the same, and have hereunto affixed our respective seals. Done at Washington this twenty-fifth day of April, in the year of our Lord one thousand eight hundred and thirty-eight, in the sixtysecond year of the Independence of the United States of America, and in the third of that of the Republic of Texas. JOHN FORSYTH. [L. S.] TRIPOLI. TRIPOLI, 1796. TREATY OF PEACE AND FRIENDSHIP BETWEEN THE UNITED STATES OF AMERICA AND THE BEY AND SUBJECTS OF TRIPOLI, OF BARBARY. CONCLUDED NOVEMBER 4, 1796. ARTICLE I. Peace under the There is a firm and perpetual peace and friendship between the United States of America and the Bey and subjects of Tripoli of Barbary, made by the free consent of both parties, and guarantee guaranteed by the Most Potent Dey and Regency of Algiers. ARTICLE II. of the Dey of Algiers. If any goods belonging to any nation with which either of the parties is at war, shall be loaded on board of vessels belonging to the other party, they shall pass free, and no attempt shall be made to take or detain them. Enemy's goods. ARTICLE III. If any citizens, subjects, or effects belonging to either party, shall be found on board a prize vessel taken from an enemy by the other party, such citizens or subjects shall be set at liberty, and the effects restored to the owners. ARTICLE IV. Persons and property in enemy's ves sels. Proper passports are to be given to all vessels of both parties, by which they are to be known. And considering the distance between the two countries, eighteen months from the date Passports. of this treaty shall be allowed for procuring such passports. During this interval, the other papers belonging to such vessels shall be sufficient for their protection. ARTICLE V. Condemnation and A citizen or subject of either party having bought a prize-vessel condemned by the party or by any other nation, the certificate of condemnation and bill of sale shall be a sufficient bill of sale of a prizepassport for such vessel for one year; this being a reasonable time for her to procure a proper passport. ARTICLE VI. Vessels of either party putting into the ports of the other, need of provisions or other supplies, they shall be furnished at the market price. And if any such vessel shall so put in from a disaster at sea, and have occasion to repair, she shall vessel to be available as passport for one year. be at liberty to land and reimbark her cargo, without paying any duties. But in no case shall she be compelled to land her cargo. Shipwrecks. ARTICLE VII. Should a vessel of either party be cast on the shore of the other, all proper assistance shall be given to her and her people-no pillage shall be allowed; the property shall remain at the disposition of the owners, and the crew protected and succoured till they can be sent to their country. ARTICLE VIII. If a vessel of either party should be attacked by an enemy within gun shot of the forts of the other, she shall be defended as Neutrality of ports. much as possible. If she be in port, she shall not be seized or attacked, when it is in the power of the other party to protect her; and when she proceeds to sea, no enemy shall be allowed to pursue her from the same port within twenty-four hours after her departure. Commerce, &c. ARTICLE IX. The commerce between the United States and Tripoli; the protection to be given to merchants, masters of vessels and seamen; the reciprocal right of establishing Consuls in each country, and the privileges, immunities, and jurisdictions to be enjoyed by such Consuls are declared to be on the same footing with those of the most favoured nations respectively. ARTICLE X. The money and presents demanded by the Bey of Tripoli, as a full and satisfactory consideration on his part, and on the part Price of peace. of his subjects, for this treaty of perpetual peace and friendship, are acknowledged to have been received by him previous to his signing the same, according to a receipt which is hereto annexed; except such part as is promised on the part of the United States, to be delivered and paid by them on the arrival of their Consul in Tripoli, of which part a notice is likewise hereto annexed. And no pretence of any periodical tribute or farther payment is ever to be made by either party. ARTICLE XI. As the Government of the United States of America is not in any sense founded on the Christian religion; as it has in itself Religious opinions. no character of enmity against the laws, religion, or tranquillity of Musselmen; and as the said States never have entered into any war or act of hostility against any Mahometan nation, it is declared by the parties, that no pretext arising from religious opinions shall ever produce an interruption of the harmony existing between the two countries. ARTICLE XII. In case of any dispute arising from the violation of any of the articles Disputes between of this treaty, no appeal shall be made to arms, nor shall war be declared on any pretext whatever. But if the Con the parties. |