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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.
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 of this treaty shall be allowed for procuring such passports. During this interval, the other pa pers belonging to such vessels shall be sufficient for their protection. ARTICLE V.
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 passport 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, and having 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 be at liberty to land and re-embark her cargo, without paying any duties. But in no case shall she be compelled to land her cargo.
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.
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 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.
The commerce between the United States and Tripoli-the protec tion 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 favored nations respectively.
The money and presents demanded by the Bey of Tripoli, as a full and satisfactory consideration on his part, and on the part 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 note is
likewise hereto annexed.
-And no pretence of any periodical tribute or farther payment is ever to be made by either party.
As the government of the United States of America is not in any sense founded on the Christian religion-as it has in itself 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.
In case of any dispute arising from a violation of any of the articles of this treaty, no appeal shall be made to arms,* nor shall 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, an amicable reference shall be made to the mutual friend of the parties, the Dey of Algiers, the parties hereby engaging to abide by his decision. And he, by virtue of his signature to this treaty, engages for himself and his successors, to declare the justice of the case according to the true interpretation of the treaty, and to use all the means in his power to enforce the observance of the same.
Signed and sealed at Tripoli of Barbary, the 3d day of Jumad in the year of the Hegira 1211-corresponding with the 4th day of November, 1796-by (L.S.) JUSSUF BASHAW MAHOMET, Bey. (L.S.) MAMET, Treasurer. (L.S.) SOLIMAN KAYA.
(L..) AMET, Min. of Marine. (L.S.) AMET, Chamberlain. (L.S.) ALLY, Chief of the Divan. Signed and sealed at Algiers, the 4th the 3d day of January, 1797, by
(L.S.) GALIL, General of the Troops.
HASSAN BASHAW, Day.
(L.S.) JOEL BARLOW.
I, JOEL BARLOW, agent and consul general of the United States of America, for the city and kingdom of Algiers, certify and attest, that the foregoing is a true copy of the treaty, concluded between the said United States, and the Bey and subjects of Tripoli of Barbary, of which the original is to be transmitted by me to the minister of the said United States, in Lisbon.
In testimony whereof, I sign these presents with my hand, and affix thereto the seal of the Consulate of the United States, at Algiers, this (L.S.) 4th day of January, 1797. JOEL BARLOW.
To all whom these presents shall come or be made known: WHEREAS the under-written David Humphreys, hath been duly appointed commissioner plenipotentiary, by letters patent under the sig nature of the President and seal of the United States of America, dated the 30th of March, 1795, for negociating and concluding a treaty of peace with the most illustrious, the Bashaw, Lords and Governors of
* See in article “NAVY," the Act of February 3, 1802, authorizing hostili ties against Tripoli.
the city and kingdom of Tripoli: WHEREAS, by a writing under his hand and seal, dated the 10th of February, 1796, he did (in conformity to the authority committed me therefor) constitute and appoint Joel Barlow, and Joseph Donaldson, junior, agents, jointly and separately, in the business aforesaid WHEREAS the annexed treaty of peace and friendship, was agreed upon, signed and sealed at Tripoli of Barbary, on the 4th of November, 1796, in virtue of the powers aforesaid, and guaranteed by the Most Potent Dey and Regency of Algiers; AND WHEREAS the same was certified at Algiers, on the 3d of January, 1797, with the signature and seal of Hassan Bashaw, Dey, and of Joel Barlow, one of the agents aforesaid, in the absence of the other.
Now, KNOW YE, That I, David Humphreys, commissioner plenipotentiary aforesaid, do approve and conclude the said treaty, and every article and clause therein contained, reserving the same nevertheless for the final ratification of the President of the United States of America, by and with the advice and consent of the Senate of the said United States.
In testimony whereof, I have signed the same with my name and seal, at the city of Lisbon, this 10th of February, 1797.
Treaty of Peace and Friendship,
Between the UNITED STATES OF AMERICA and the KINGDOM of Tusis.
GOD IS INFINITE.
NDER the auspices of the greatest, the most powerful of all the Princes of the Ottoman nation who reign upon the earth, our most glorious and most august Emperor, who commands the two lands and the two seas, Selim Kan, the victorious, son of the Sultan Moustafa, whose realm may God prosper until the end of ages, the support of Kings, the seal of justice, the Emperor of Emperors.
The most illustrious and most magnificent Prince, Hamouda Pacha, Bey, who commands the Odgiak of Tunis, the abode of happiness, and the most honored Ibrahim Dey, and Soliman, aga of the Janissaries, and chief of the Divan, and all the elders of the Odgiak; and the most distinguished and honored President of the Congress of the United States of America, the most distinguished among those who profess the religion of the Messiah, of whom may the end be happy. We have concluded between us the present treaty of peace and friendship, all the articles of which have been framed by the intervention of Joseph Stephen Famin, French merchant residing at Tunis, charge d'affaires of the United States of America; which stipula tions and conditions are comprised in twenty-three articles, written and expressed in such manner as to leave no doubt of their contents, and in such way as not to be contravened.
There shall be a perpetual and constant peace between the United States of America, and the magnificent Pacha, Bey of Tunis; and also a permanent friendship, which shall more and more increase
If a vessel of war of the two nations shall make prize of an enemy vessel, in which may be found effects, property and subjects of the two contracting parties, the whole shall be restored: The Bey shall restore the property and subjects of the United States, and the latter shall make a reciprocal restoration; it being understood on both sides, that the just right to what is claimed shall be proved.
Merchandise belonging to any nation which may be at war with one of the contracting parties, and loaded on board of the vessels of the other, shall pass without molestation, and without any attempt being made to capture or detain it.
On both sides sufficient passports shall be given to vessels, that they may be known and treated as friendly; and considering the distance between the two countries, a term of eighteen months is given, within which term respect shall be paid to the said passports, without require ing the conge or document (which at Tunis is called testa) but after the said terra the conge shall be presented.
If the corsairs of Tunis shall meet at sea with ships of war of the United States, having under their escort merchant vessels of their nation, they shall not be searched or molested; and in such case the commanders shall be believed upon their word, to exempt their ships from being visited and to avoid quarantine: The American ships of war shall act in like manner towards merchant vessels escorted by the cor sairs of Tunis.
If a Tunisian corsair shall meet with an American merchant vessel, and shall visit it with her boat, she shall not exact any thing, under pain of being severely punished: And in like manner if a vessel of war of the United States shall meet with a Tunisian merchant vessel, she shall observe the same rule. In case a slave shall take refuge on board of an American vessel of war, the consul shall be required to cause him to be restored; and if any of their prisoners shall escape on board of the Tunisian vessels, they shall be restored: But if any slave shall take refuge in any American merchant vessel, and it shall be proved that the vessel has departed with the said slave, then he shall be returned, or his ransom shall be paid.
An American citizen having purchased a prize-vessel from our Odgiak, may sail with our passport, which we will deliver for the term of one year; by force of which our corsairs which may meet with her shall respect her; the consul on his part shall furnish her with a bill of sale; and considering the distance of the two countries, this term shall suffice to obtain a passport in form: But after the expiration of this term, if our corsairs shall meet with her without the passport of the United States, she shall be stopped and declared good prize, as well the vessel the cargo and crew.
If a vessel of one of the contracting parties shall be obliged to enter
into a port of the other, and may have need of provisions and other articles, they shall be granted to her without any difficulty, at the price current at the place; and if such a vessel shall have suffered at sca, and shall have need of repairs, she shall be at liberty to unload, and reload her cargo without being obliged to pay any duty; and the captain shall only be obliged to pay the wages of those whom he shall have employed in loading and unloading the merchandise.
If by accident and by the permission of God, a vessel of one of the contracting parties shall be cast by tempest upon the coast of the other, and shall be wrecked, or otherwise damaged, the commandant of the place shall render all possible assistance for its preservation, without allowing any person to make any opposition; and the proprietor of the effects shall pay the costs of salvage to those who may have been employed.
• In case a vessel of one of the contracting parties shall be attacked by an enemy under the cannon of the forts of the other party, she shall be defended and protected as much as possible; and when she shall set sail, no enemy shall be permitted to pursue her froin the same port, or any other neighboring port, for forty-eight hours after her departure. ARTICLE XI.
When a vessel of war of the United States of America shall enter the port of Tunis, and the consul shall request that the castle may sa Jute her, the number of guns shall be fired which he may request; and if the said consul does not want a salute, there shall be no question about it.
But in case he shall desire the salute, and the number of guns shall be fired which he may have requested, they shall be counted and returned by the vessel in as many barrels of cannon powder.
The same shall be done with respect to the Tunisian corsairs, when they shall enter any port of the United States.
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 unlade or ship them on board of another vessel, we will 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 of the two contracting powers shall be under the pro