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of any American citizen found on board of any vessel belonging to any other nation with which Algiers may be at war, be detained from its lawful owners after the exhibition of sufficient proofs of American citizenship and of American property, by the Consul of the United States residing at Algiers.
Art. 7. Proper passports shall immediately be given to the vessels Passports to of both the contracting parties, on condition that the vessels of war belong- vessels of each. ing to the Regency of Algiers, on meeting with merchant vessels be party, and right longing to the citizens of the United States of America, shall not be stricted. permitted to visit them with more than two persons besides the rowers; these only shall be permitted to go on board without first obtaining leave from the commander of said vessel, who shall compare the passport, and immediately permit said vessel to proceed on her voyage; and should any of the subjects of Algiers insult or molest the commander, Offenders to be or any other person on board a vessel so visited, or plunder any of the punished for property contained in her, on complaint being made by the Consul of right of visit. the United States residing in Algiers, and on his producing sufficient proof to substantiate the fact, the commander or rais of said Algerine ship or vessel of war, as well as the offenders, shall be punished in the most exemplary manner.
All vessels of war belonging to the United States of America, on meet- Vessels of war ing a cruiser belonging to the Regency of Algiers, on having seen her of U. S. to suf
fer Algerinc passports and certificates from the Consul of the United States residing
cruisers to pass, in Algiers, shall permit her to proceed on her cruise unmolested, and &c. without detention. No passport shall be granted by either party to any vessels, but such as are absolutely the property of citizens or subjects of the said contracting parties, on any pretence whatever.
Art. 8. A citizen or subject of either of the contracting parties What shall bo having bought a prize vessel condemned by the other party, or by any sufficient passother nation, the certificates of condemnation and bill of sale shall be
port. sufficient passport for such vessel for six months; which, considering the distance between the two countries, is no more than a reasonable time for her to procure proper passports.
Art. 9. Vessels of either of the contracting parties putting into ports Provisions to of the other, and having need of provisions or other supplies, shall be be furnished to furnished at the market price; and if any such vessel should so put
vessels at mar. in
ket price. from a disaster at sea, and have occasion to repair, she shall be at liberty to land and re-embark her cargo, without paying any customs or duties whatever; but in no case shall she be compelled to land her cargo.
Art. 10. Should a vessel of either of the contracting parties be cast Assistance to on shore within the territories of the other, all proper assistance shall be given to the be given to her crew; no pillage shall be allowed; the property shall section to the remain at the disposal of the owners; and, if reshipped on board of any property of ves. vessel for exportation, no customs or duties whatever shall be required sels cast ashore. to be paid thereon, and the crew shall be protected and succored until they can be sent to their own country.
Art. 11. If a vessel of either of the contracting parties shall be at- How vessels tacked by an enemy within cannon-shot of the forts of the other, she may be protecte shall be protected as much as is 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 permitted to pursue her from the same port within twenty-four hours after her departure.
Art. 12. The commerce between the United States of America and the Regency of Algiers, the protections to be given to merchants,
VOL VIII. 29
masters of vessels, and seamen, the reciprocal rights of establishing &c. on the foot. Consuls in each country, and the privileges, immunities, and jurisdicing of the most favored nations. tions, to be enjoyed by such Consuls, are declared to be on the same
footing, in every respect, with the most favored nations, respectively. Consul of U.S. ART. 13. The consul of the United States of America shall not be not responsible responsible for the debts contracted by citizens of his own nation, unfor debts of citizens, &c.
less he previously gives written obligations so to do. Salutes to ves
ART. 14. On a vessel or vessels of war belonging to the United States sels of war of anchoring before the city of Algiers, the Consul is to inform the Dey U.S.
of her arrival, when she shall receive the salutes which are, by treaty or custom, given to the ships of war of the most favored nations on similar occasions, and which shall be returned gun for gun; and if after such arrival, so announced, any Christians whatsoever, captives in Algiers, make their escape and take refuge on board any of the ships of war, they shall not be required back again, nor shall the Consul of the United States or commanders of said ships be required to pay any thing
for the said Christians. Pretexts aris. Art. 15. As the government of the United States of America has, in ing from reli- itself, no character of enmity against the laws, religion, or tranquillity, gious opinions,
of not to interrupt
any nation, and as the said states have never entered into any volunharmony, &c. tary war, or act of hostility, except in defence of their just rights on 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 shall have liberty to celebrate the rites of their respective
religions in their own houses. Consuls may
The Consuls, respectively, shall have liberty and personal security travel within
given them to travel within the territories of each other, both by land the territories of each party,
and sea, and shall not be prevented from going on board any vessels they may think proper to visit; they shall likewise have liberty to ap
point their own drogoman and broker. How disputes
Art. 16. In case of any dispute arising from the violation of any of may be settled, the articles of this treaty, no appeal shall be made to arms, nor shall &c.
war be declared on any pretext whatever ; but if the Consul residing at the place where the dispute shall happen shall not be able to settle the same, the government of that country shall state their grievance in writing and transmit the same to the government of the other, and the period of three 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 Consuls, and citizens, and subjects, of both parties, respectively, shall be permitted to embark with their effects unmolested, on board of what vessel or vessels they shall think proper, reasonable time being
allowed for that purpose. Prisoners of Art. 17. If, in the course of events, a war should break out between
the two nations, the prisoners captured by either party shall not be made slaves; but to be ex
made slaves; they shall not be forced to hard labor, or other confinechanged, &c. ment than such as may be necessary to secure their safe keeping, and within 12 shall be exchanged rank for rank; and it is agreed that prisoners shall inonths.
be exchanged in twelve months after their capture; and the exchange may be effected by any private individual legally authorized by either
of the parties. Powers at war with U. S. not Art. 18. If any of the Barbary States, or other powers at war with
) be suffered to the United States, shall capture any American vessel and send her into soll American captured ves.
any port of the Regency of Algiers, they shall not be permitted to seli sels at Algiers. her, but shall be forced to deport the port on procuring the requisite
war not to be
supplies of provisions; but the vessels of war of the United States, with any prizes they may capture from their enemies, shall have liberty to frequent the ports of Algiers for refreshments of any kind, and to sell such prizes in the said ports, without any other customs or duties than such as are customary on ordinary commercial importations.
Art. 19. If any of the citizens of the United States, or any persons Consul of U.S. under their protection, shall have any disputes with each other, the to decide disConsul shall decide between the parties; and whenever the Consul shall putes between require any aid or assistance from the government of Algiers to enforce zens, &c. his decision, it shall be immediately granted to him; and if any disputes shall arise between any citizens of the United States and the citizens or subjects of any other nation having a Consul or Agent in Algiers, such disputes shall be settled by the Consuls or Agents of the respective nations; and any disputes or suits at law that may take place between any citizens of the United States and the subjects of the Regency of Algiers, shall be decided by the Dey in person, and no other.
Art. 20. If a citizen of the United States should kill, wound, or In case of kill. strike, a subject of Algiers, or, on the contrary, a subject of Algiers ing, wounding, should kill, wound, or strike, a citizen of the United States, the law law of the
or striking, the of the country shall take place, and equal justice shall be rendered, the country to preConsul assisting at the trial; but the sentence of punishment against an vail, &c. American citizen shall not be greater or more severe than it would be against a Turk in the same predicament; and if any delinquent should make his escape, the Consul shall not be responsible for him in any manner whatever.
Consul of U.S. Art. 21. The Consul of the United States of America shall not be not to pay du.
ties on what he required to pay any customs or duties whatever on any thing he imports imports for his from a foreign country for the use of his house and family.
family. Art. 22. Should any of the citizens of the United States of America Citizens of die, within the limits of the Regency of Algiers, the Dey and his sub- U. S. dying, jects shall not interfere with the property of the deceased, but it shall within the Rebe under the immediate direction of the Consul, unless otherwise dis
giers, their proposed of by will. Should there be no Consul, the effects shall be de- perty to be un. posited in the hands of some person worthy of trust, until the party ton of the con.
der the direcshall
appear who has a right to demand them, when they shall render sul, unless, & Co an account of the property; neither shall the Dey or his subjects give hindrance in the execution of any will that may appear.
I certify the foregoing to be a true copy of a Treaty of Peace nego
tiated by Commodore Decatur and myself with the Regency of
July 3, 1815.
To regulate the Commerce between the Territories of the
United States and of his Britannick Majesty. (a)
Ratified by the The United States of America and his Britannick majesty being de Prince Regent sirous, by a Convention, to regulate the commerce and navigation onthe 31st July, between their respective countries, territories, and people, in such a
and the President manner as to render the same reciprocally beneficial and satisfactory, and Senate on have, respectively, named plenipotentiaries, and given them full powers, the 22d of Dec. 1815; on which
to treat of and conclude such Convention; that is to say, the President latter day the of the United States, by and with the advice and consent of the Senate ratifications
thereof, hath appointed, for their plenipotentiaries, John Quincy Adams, ed at Washing. Henry Clay, and Albert Gallatin, citizens of the United States; and ton.
his royal highness the Prince Regent, acting in the name and on the behalf of his majesty, has named, for his plenipotentiaries, the right honorable Frederick John Robinson, vice-president of the committee of privy council for trade and plantations, joint paymnaster of his majesty's forces, and a member of the imperial parliament, Henry Goulbourn, Esq. a member of the imperial parliament, and under secretary of state, and William Adams, Esq. doctor of civil laws; and the said plenipotentiaries having mutually produced and shown their said full powers, and exchanged copies of the same, have agreed on and con
cluded the following articles, vide licet: Reciprocal ARTICLE 1. There shall be between the territories of the United liberty of com- States of America, and all the territories of his Britannick majesty in the Territories Europe, a reciprocal liberty of commerce. The inhabitants of the two of U. S. and the countries, respectively, shall have liberty freely and securely to come British Territo. with their ships and cargoes to all such places, ports, and rivers, in the ries in Europe. territories aforesaid, to which other foreigners are permitted to come,
to enter into the same, and to remain and reside in any parts of the said territories, respectively; also to hire and occupy houses and warehouses for the purposes of their commerce; and, generally, the merchants and traders of each nation, respectively, shall enjoy the most complete protection and security for their commerce, but subject always
to the laws and statutes of the two countries, respectively. No higher or Art. 2. No higher or other duties shall be imposed on the importaother duties on tion into the United States of any articles, the growth, produce, or productions of manufacture, of his Britannick majesty's territories in Europe, and no each country, than on those higher or other duties shall be imposed on the importation into the terof other foreign ritories of his Britannick majesty in Europe of any articles, the growth, countries.
produce, or manufacture, of the United States, than are or shall be payable on the like articles being the growth, produce, or manufacture, of any other foreign country; nor shall any higher or other duties or charges be imposed in either of the two countries, on the exportation of any articles to the United States, or to his Britannick majesty's territories in Europe, respectively, than such as are payable on the expor.. tation of the like articles to any other foreign country; nor shall any prohibition be imposed on the exportation or importation of any articles,
(a) See notes of the Treaties and Conventions between the United States and Great Britain, ante, page 54.
the growth, produce, or manufacture, of the United States, or of his Britannick majesty's territories in Europe, to or from the said territories of his Britannick majesty in Europe, or to or from the said United States, which shall not equally extend to all other nations.
No higher or other duties or charges shall be imposed in any of the Equality of ports of the United States on British vessels, than those payable in the duties on Amo
rican and Brisame ports by vessels of the United States; nor in the ports of any of
tish vessels. his Britannick majesty's territories in Europe on the vessels of the United States, than shall be payable in the same ports on British vessels.
The same duties shall be paid on the importation into the United Same duties States of any articles, the growth, produce, or manufacture, of his Bri- on productions
of each country tannick majesty's territories in Europe, whether such importation shall be in vessels of the United States or in British vessels, and the same duties shall be paid on the importation into the ports of any of his Britannick majesty's territories in Europe, of any article, the growth, produce, or manufacture, of the United States, whether such importation shall be in British vessels or in vessels of the United States.
The same duties shall be paid, and the same bounties allowed, on the Equality of exportation of any articles, the growth, produce, or manufacture, of his duties and Britannick majesty's territories in Europe to the United States, whether bounties, &c. such exportation shall be in vessels of the United States or in British vessels; and the same duties shall be paid, and the same bounties allowed, on the exportation of any articles, the growth, produce, or manufacture, of the United States, to his Britannick_majesty's territories in Europe, whether such exportation shall be in British vessels or in vessels of the United States.
It is further agreed, that in all cases where drawbacks are, or may be, Drawbacks allowed upon the re-exportation of any goods, the growth, produce, or the same, &c. manufacture, of either country, respectively, the amount of the said drawbacks shall be the same, whether the said goods shall have been originally imported in a British or an American vessel; but when such re-exportation shall take place from the United States in a British vessel, or from the territories of his Britannick majesty in Europe in an American vessel, to any other foreign nation, the two contracting parties reserve to themselves, respectively, the right of regulating or diminishing, in such case, the amount of the said drawback.
Intercourse The intercourse between the United States and his Britannick mac with the British
West Indies jesty's possessions in the West Indies, and on the continent of North and North America, shall not be affected by any of the provisions of this article, American Con. but each party shall remain in the complete possession of its rights, with tinental Posses.
sions not affect. respect to such an intercourse.
ed by this
article. ART. 3. His Britannick majesty agrees that the vessels of the United Vessels of States of America shall be admitted and hospitably received at the prin- U.S. may trade cipal settlements of the British dominions in the East Indies, vide licet : 10 Calcutta,
&c. direct, in Calcutta, Madras, Bombay, and Prince of Wales' Island; and that the articles not encitizens of the said United States may freely carry on trade between tirely prothe said principal settlements and the said United States, in all articles hibited. of which the importation and exportation, respectively, to and from the said territories, shall not be entirely prohibited; provided only, that it shall not be lawful for them, in any time of war between the British government and any state or power whatever, to export from the said territories, without the special permission of the British government, any military stores, or naval stores, or rice. The citizens of the United States Citizens of shall pay for their vessels, when admitted, no higher or other duty or charge W. S. not to pay than shall be payable on the vessels of the most favoured European na- paid on vessels tions, and they shall pay no higher or other duties or charges on the of the most importation or exportation of the cargoes of the said vessels, than shall favoured nation