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of them without paying any duties on sale thereof. All vessels wanting provisions or refreshments shall be permitted to buy them at market price.

ARTICLE XI.

Treatment of whips

States,

All ships of war belonging to the United States of North America, on anchoring in the ports of the Regency, shall receive the usual presents of provisions and refreshments gratis. of War of united Should any of the slaves of this Regency make their escape at on board said vessels, they shall be immediately returned. No excuse shall be made that they have hid themselves amongst the people and cannot be found, or any other equivocation.

ARTICLE XII.

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No citizen of the United States of North America sball be obliged to redeem any slave against his will, even should he be his brother; neither shall the owner of a slave be forced to sell him against his will, but all such agreements must be made by consent of parties. Should any American citizen be taken on board an enemy ship by the cruisers of this Regency, having a regular pass

Passports of citizens port specifying they are citizens of the United States, they shall be immediately set at liberty. On the contrary, they having no passport, they and their property shall be considered lawful prize, as this Regency know their friends by their passports.

Estates of citizens

ing in the Regency.

ARTICLE XIII. Should any of the citizens of the United States of North America die within the limits of this Regency, the Dey and his subjects shall not interfere with the property of the deceased; but of United States dy. it shall be under the immediate direction of the Consuí, un- inki less otherwise disposed of by will. Should there be no Consul, the effects shall be deposited in the hands of some person worthy of trust until the party shall appear who has a right to demand them, when they shall render an account of the property. Neither shall the Dey or Divan give binderance in the execution of any will that may appear.

No citizen of United

ed to purcbase goods or pay debts of another.

ARTICLE XIV. No citizen of the United States of North America shall be obliged to purchase any goods against his will, but, on the contrary, shall be allowed to purchase whatever it pleaseth him. The states to be compellConsul of the United States of North America, or any other or pay debts of citizen, shall not be amenable for debts contracted by any one of their own nation, unless previously they have given a written obligation so to do. Should the Dey. want to freight any American vessel that may be in the Regency, or Turkey, said vessel not being engaged, in consequence of the friendship subsisting between the two nations hé expects to have the preference given him, on his paying the same freight offered by any other nation.

ARTICLE XV. Any disputes or suits at law that may take place between the subjects of the Regency and the citizens of the United States of North America shall be decided by the Dey in person, and

Disputea

", and

no other. Any disputes that may arise between the citizens of the United States shall be decided by the Consul, as they are in such cases not subject to the laws of this Regency.

ARTICLE XVI.

Crimer.

Should any citizen of the United States of North America kill, wound,

or strike a subject of this Regency, he shall be punished in

the same inanner as a Turk, and not with more severity. Should any citizen of the United States of North America in the above predicament, escape prison, the Consul shall not become answerable for

him.

ARTICLE XVII.

Privileges of the Consul of the United States.

The Consul of the United States of North America shall have every

personal security given him and his household. He shall Consul of the United have liberty to exercise his religion in his own house. All

slaves of the same religion shall not be impeded in going to said Consul's house at hours of prayer. The Consul shall have liberty and personal security given him to travel, whenever he pleases, within the Regency. He shall have free license to go on board any vessel lying in our roads, whenever he shall think fit. The Consul shall have leave to appoint his own dragoman and broker.

ARTICLE XVIII.

Should a war break out between the two nations, the Consul of the

United States of North America, and all citizens of said

States, shall have leave to embark themselves and property unmolested on board of what vessel or vessels they shall think proper.

Case of war.

ARTICLE XIX.

Citizens of either nation captured by the other to be set

Should the cruisers of Algiers capture any vessel having citizens of

ther the United States of North America on board, they hav

i ing papers to prove they are really so, they and their propat liberty. erty shall be immediately discharged. And should the vessels of the United States capture any vessels of nations at war with them, having subjects of this Regency on board, they shall be treated in like manner.

ARTICLE XX.

of war

On a vessel of war belonging to the United States of North America Salutes to vesarlo anchoring in our ports, the Consul is to inform the Dey of

her arrival, and she shall be saluted with twenty-one guns, which she is to return in the same quantity or number. And the Dey will send fresh provisions on board, as is.customary, gratis.

ARTICLE XXI.

The Consul of the United States of North America shall not be required Free entry for to pay duty for anything he brings from a foreign country

for the use of his house and family,

Consul,

ARTICLE XXII.

War not to be de

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Sam to be paid to

Should any disturbance take place between the citizens of the United States and the subjects of this Regency, or break any article Warn of this treaty, war shall not be declared immediately, but clared in cases of everything shall be searched into regularly. The party injured shall be made reparation,

On the 21st of the Luna of Safer, 1210, corresponding with the 5th September, 1795, Joseph Donaldson, jun., on the part of the Sum to be United States of North America, agreed with Hassan the Des. Bashaw, Dey of Algiers, to keep the articles contained in this treaty sacred and inviolable, which we, the Dey and Divan, promise to observe, on consideration of the United States paying annually the value of twelve thousand Algerine sequins in maritime stores. Should the United States forward a larger quantity, the overplus shall be paid for in money by the Dey and Regency. Any vessel that may be captured from the date of this treaty of peace and amity shall immediately be delivered up on her arrival in Algiers.

VIZIR HASSAN BASHAW.

JOSEPH DONALDSON, JUN. [Seal of Algiers stamped at the foot of the original treaty in Arabic.]

To all to whom these presents shall come or be made known: :

Whereas the underwritten, David Humphreys, hath been duly appointed Commissioner Plenipotentiary by letters patent, under the signature of the President and seal of the United States of America, dated the 30th of March, 1795, for negotiating and concluding a treaty of peace with the Dey and Governors of Algiers; whereas, by instructions, given to him on the part of the Executive, dated the 28th of March and 4th of April, 1795, he hath been further authorized to employ Joseph Donaldson, jun., on an agency in the said business; whereas, by a writing under his hand and seal, dated 21st May, 1795, he did constitute and appoint Joseph Donaldson, jun., agent in the business aforesaid, and the said Joseph Donaldson, jun., did, on the 5th of September, 1795, agree with Hassan Bashaw, Dey of Algiers, to keep the articles of the preceding treaty sacred and inviolable:

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 hand and seal, at the city of Lisbon, this 28th of November, 1795. (L. S.

DAVID HUMPHREYS.

ALGIERS, 1815.*

TREATY OF PEACE AND AMITY CONCLUDED BETWEEN THE UNITED

STATES OF AMERICA AND HIS HIGHNESS OMAR BASHAW, DEY OF ALGIERS, JUNE 30 AND JULY 6, 1815.

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ARTICLE I.

Peace ard friendship.

There shall be, from the conclusion of this treaty, a firm, inviolable,

and universal peace and friendship between the President

name and citizens of the United States of America on the one part, and the Dey and subjects of the Regency of Algiers, in Barbary, on the other, made by the free consent of both parties and on the terms of

Favora in pavien. the most favored nations. And if either party shall heretion and commerce. after grant to any other nation any particular favor or privilege in navigation or commerce, it shall immediately become common to the other party freely, when it is freely granted to such other nations, but when the grant is conditional, it shall be at the option of the contracting parties to accept, alter, or reject such conditions, in such manner as shall be most conducive to their respective interests.

ARTICLE II.

Abolition of tribute.

It is distinctly understood between the contracting parties, that no

tribute, either as biennial presents, or under any other form hodne or name whatever, shall ever be required by the Dey and Regency of Algiers from the United States of America, on any pretext whatever.

ARTICLE III.

American citizens

The Dey of Algiers shall cause to be immediately delivered up to the

citizens American squadron now off Algiers all the American citizens to be delivered up. now in his possession, amounting to ten, more or less; and all the subjects of the Dey of Algiers, now in possession of the United States, amounting to five hundred, more or less, shall be delivered up to him; the United States, according to the usages of civilized nations, requiring no ransom for the excess of prisoners in their favor.

ARTICLE IV.

property, &c.

A just and full compensation shall be made by the Dey of Algiers to Indemnification to

n to such citizens of the United States as have been captured American citizens for and detained by Algerine cruisers, or who have been forced to

abandon their property in Algiers, in violation of the twentysecond article of the treaty of peace and amity concluded between the United States and the Dey of Algiers on the fifth of September, one thousand seven hundred and ninety-five.

And it is agreed between the contracting parties, that, in lieu of the above, the Dey of Algiers shall cause to be delivered forth with into the hands of the American Consul residing at Algiers, the whole of a quantity of bales of cotton left by the late Consul General of the United States in the public magazines in Algiers; and that he shall pay into the hands of the said Consul the sum of ten thousand Spanish dollars

* Statutes at Large, Vol. VIII, p. 224 et seq.

Citizens or subjeets

enemy's vessel

Passports to reusels

of visit restricted,

ARTICLE V. If any goods belonging to any nation with which either of the parties are at war should be loaded on board vessels belonging to the other party, they shall pass free and unmolested, and

Enemies' property. no attempts shall be made to take or detain them. .

ARTICLE VI. If any citizens or subjects, with their 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 taken on board an liberated immediately, and in no case, or on any other pre." tense whatever, shall any American citizen be kept in captivity or confinement, or the property 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.

ARTICLE VII. Proper passports shall immediately be given to the vessels of both the contracting parties, on condition that the vessels of war belonging to the Regency of Algiers, on meeting with mer- of exh party. Right chant vessels belonging to the citizens of the United Staets" of America, shall not be 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, or any other person, on board a vessel so Abuse of right of visited, or plunder any of the property contained in her, on visit. complaint being made by the Consul of 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 meeting a cruiser belonging to the Regency of Algiers, on, having seen her passports and certificates from the Consul with passports not to of the United States residing in Algiers, shall permit her". to proceed on her cruise unmolested and 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 pretense whatever.

ARTICLE VIII. A citizen or subject of either of the contracting parties having bought a prize vessel condemned by the other party, or by any other what shall be suffination, the certificates of condemnation and bill of sale shall cient passport. be a 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.

ARTICLE IX. Vessels of either of the contracting parties putting into ports of the other, and having need of provisions or other supplies, shall

Price of provisions. be furnished at the market price; and if any such vessel

Vessels

provided

be molested.

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