Tunisian vessels, taken off Tripoli in 1806, by the American blockading squadron. He succeeded in his mission. We here terminate the account of our relations with the Bar "ART. 14. 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 be 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. "ART. 16. The merchant vessels of the United States, which shall cast anchor in the road of 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 a 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 ballast, and depart in the same manner. "ART. 17. Each of the contracting parties shall be at liberty 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 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. "ART. 18. Consuls, &c. not answerable for debts of others, &c. unless bound in writing. "ART. 19. Effects of persons dying intestate, &c. "ART. 20. The consul judge of disputes between citizens, &c. "ART. 21. 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 consul shall be in no manner responsible for it. "ART. 22. Civil disputes to be tried in presence of the consul, &c. bary powers. They were truly dismal and discouraging in the beginning. We had all the appearance of playing the part, on that coast, of one of the lesser European powers. But at a -- “ART. 23. War not to take place until a demand and refusal of justice. In case of war, one year allowed to citizens, &c. "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 thousand seven hundred and ninety-seven. "The Aga Soliman's signature and "Ibrahim Dey's signature and "The Bey's signature and [L. S.] [L. S.] [L. S.] "In testimony whereof, we annex our names and the consular seal of the United States. 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. "WILLIAM EATON. "JAMES LEANDER CATHCART." "Whereas certain alterations in the treaty of peace and friendship, of August 1797, between the United States and the Bashaw and Bey of Tunis, were agreed upon and concluded, between his highness Sidi Mahmoud, the Bey, and S. D. Heap, Chargé d'Affaires of the United States at Tunis, on the twenty-fourth day of February one thousand eight hundred and twenty-four, by the articles in the words following, to which are annexed the altered articles, as they were in the treaty before the alterations : "ART. 6-as it now is. If a Tunisian corsair shall meet with an American vessel, and shall visit it with her boat, two men only shall be allowed to go on board, peaceably, to satisfy themselves of its being American, who, as well as any passengers of other nations they may have on board, shall go free, both them and their goods; and the said two men shall not exact any thing, on pain of being severely punished. In case a slave escapes, and takes refuge on board an American vessel of war, he shall be free, and no demand shall be made either for his restoration or for payment. "ART. 11-as it now is. When a vessel of war of the United States shall enter the port of the Gouletta, she shall be saluted with twentyone guns, which salute the vessel of war shall return, gun for gun time when it was hardly known in this country, that we possessed a navy, our commerce was conducted in the Mediterranean without molestation, or even the apprehension of it. only, and no powder will be given, as mentioned in the ancient eleventh article of this treaty, which is hereby annulled. "ART. 12-as it now is. When citizens of the United States shall come within the dependencies of Tunis to carry on commerce there, the same respect shall be paid to them which the merchants of other nations enjoy; and if they wish to establish themselves within our ports, no opposition shall be made thereto; and they shall be free to avail themselves of such interpreters as they may judge necessary, without any obstruction, in conformity with the usages of other nations; and if a Tunisian subject shall go to establish himself within the dependencies of the United States he shall be treated in like manner. If any Tunisian subject shall freight an American vessel, and load her with merchandise, and shall afterwards want to unload, or ship them on board of another vessel, we shall not permit him, until the matter is determined by a reference of merchants, who shall decide upon the case, and after the decision, the determination shall be conformed to. "No captain shall be detained in port against his consent, except when our ports are shut for the vessels of all other nations, which may take place with respect to merchant vessels, but not to those of war. "The subjects and citizens of the two nations, respectively, Tunisians and Americans, shall be protected in the places where they may be, by the officers of the government there existing; but, on failure of such protection, and for redress of every injury, the party may resort to the chief authority in each country, by whom adequate protectionand complete justice shall be rendered. In case the government of Tunis shall have need of an American vessel for its service, such vessel being within the regency, and not previously engaged, the government shall have the preference, on its paying the same freight as other merchants usually pay for the same service, or at the like rate, if the service be without a customary precedent. “ART. 14—as it now is. All vessels belonging to the citizens and inhabitants of the United States shall be permitted to enter the ports of the kingdom of Tunis, and freely trade with the subjects and inhabitants thereof, on paying the usual duties which are paid by other most favoured nations at peace with the regency. In like manner, all vessels belonging to the subjects and inhabitants of the kingdom of Tunis The system, adopted with regard to the Corsair States, has done the greatest honour to the government, as well as to those brave and skilful men, who were entrusted with the execution of it. shall be permitted to enter the different ports of the United States, and freely trade with the citizens and inhabitants thereof, on paying the usual duties which are paid by other most favoured nations at peace with the United States. "Concluded, signed and sealed at the palace of Bardo, near Tunis, the 24th day of the moon jumed-teni, in the year of the Hegira 1239, corresponding with the 24th of February 1824, of the christian year and the 48th year of the independence of the United States, 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. "S. D. HEAP, Chargé d'Affaires. [L. S.] CHAPTER XIV. RELATIONS WITH SOUTH AMERICAN STATES. All Spanish America on Continent emancipated-Spain, Assyrian monarchy of modern times-Dismemberment awakens melancholy reflections-Writers too sanguine in regard to free governmentsNorth American Revolution excited extravagant hopes-Difference between liberty and independence-England early had a project to emancipate South America--Miranda--Jesuits--Cooperation of United States sought-Letters of Miranda to Hamilton-Plan for emancipation-France, a similar scheme-1808, beginning of revolution-Oppressions of the colonies-Lord Wellington ordered to Spain instead of South America-Napoleon's designs on that continent—Instructions to his agent—Ignorance and apathy of the natives -Buenos Ayres made most rapid progress-Agents sent secretly by United States-Alarmed by movements of France and England— Transactions of this government with that continent—Agents from South America in this country-Not received-Tupac Amaru—Account of revolution in different provinces-Great vicissitudes as well as cruelties-Manifests of independence-Negotiations of colonies with mother country-Different motives in commencing revolution-Report of House of Representatives on negotiation-Ministers appointed-Obstacles to progress of revolution-Old Spaniards held all offices-All the capital-Nobility-Different races of men- -Present state of republics-General boundaries-Spain protests feebly against recognition Appeals to Holy Alliance-Declaration of England— Treaties with Colombia and Guatimala-Congress of Panama—Account and discussion of that important business-Never held-General remarks on intercourse with South America-Present state of diplomatic relations-Brazil-Diplomatic relations. Or the kingdom of the Indies in this quarter of the globe there still exists entire but a small remnant, composed of the islands of Cuba, Porto Rico and a portion of St. Domingo. |
