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.

1799. March 26.

Freight of American vessels by subjects

of Tunis, &c.

be detained in

ports.

No captain shall be detained in port against his consent, ex- Captains not to cept 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 Citizens and subjects under the protection of the prince, and under the jurisdiction of the the protection chief of the place where they may be, and no other person of the sovereign authority. shall have authority over them. If the commandant of the place does not conduct himself agreeable to justice, a representation of it shall be made to us.

ment of Tunis may freight American vessels *Altered, see Crews of Ame

page 515.

rican merchant

In case the government shall have need of an American mer- The governchant vessel, it shall cause it to be freighted, and then a suitable freight shall be paid to the captain agreeably to the intention of the government, and the captain shall not refuse it.* ART. 13. If, among the crews of merchant vessels of the United States, there shall be found subjects of our enemies, men to be twothey shall not be made slaves, on condition that they do not thirds friendsof Tunis, &c. exceed a third of the crew; and when they do exceed a third, they shall be made slaves: the present article only concerns the sailors, and not the passengers, who shall not be in any manner molested.

ART. 14. A Tunisian merchant, who may go to America, Duty on Tunisi an goods in any with a vessel of any nation soever, loaded with merchandise, vessels, and on which is the production of the kingdom of Tunis, shall pay American goods in Ameduty (small as it is) like the merchants of other nations; and rican vessels. 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.

chandise under

&c.

But if an American merchant, or a merchant of any other American mernation, shall bring American merchandise under any other foreign flag, to flag he shall pay six per cent. duty: in like manner if a for- pay six per cent eign merchant shall bring the merchandise of his country under the American flag, he shall also page 517. ART. 15. It shall be free for the citizens of the United Freecommerce in Tunis, wine

six per cent. pay

*

Altered, see

States to carry on what commerce they please in the kingdom excepted, &c.

of Tunis, without any opposition, and they shall be treated like the merchants of other nations; but they shall not carry on commerce in wine, nor in prohibited articles: and if any

1799.

March 26.

Smuggling.

Payment of freight,

Anchorage duty.

Consuls, their privileges, &c.

one shall be detected in a contraband trade, he shall be punished according to the laws of the country. The commandants of ports and castles shall take care that the captains and sailors shall not load prohibited articles, but if this should happen, those who shall not have contributed to the smuggling shall not be molested nor searched, no more than shall the vessel and cargo; but only the offender, who shall be demanded to be punished. No captain shall be obliged to receive merchandise on board of his vessel, nor to unlade the same against his will, until the freight shall be paid.

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. If the subjects or citizens of either of the contractresponsible for ing parties, being within the possession of the other, condebts of citizens tract debts, or enter into obligation, neither the consul nor unless, &c. the nation, nor any subjects or citizens thereof, shall be in any manner responsible, except they or the consul shall have previously become bound in writing. And without this obligation in writing, they cannot be called upon for indemnity or satisfaction.

Consuls of the
U. States not

Effects of

pen

ART. 19. In case of a citizen or subject of either of the consons dying in- tracting parties dying within the possessions of the other, the testate, &c. consul or the vekil shall take possession of his effects, (if he does not leave a will,) of which he shall make an inventory; and the government of the place shall have nothing to do therewith. And if there shall be no consul, the effects shall be deposited in the hands of a confidential person of the place,

taking an inventory of the whole, that they may eventually be delivered to those to whom they of right belong.

1799. March 26.

putes between

ART. 20. The consul shall be the judge all disputes be- The consul tween his fellow citizens or subjects, as also between all other judge of dispersons who may be immediately under his protection; and citizens, &c. in all cases wherein he shall require the assistance of the government where he resides to sanction his decisions, it shall be granted to him.

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.

Killing, &c. a

citizen or sab

ject, punishable according to the

laws of the

country.

to be tried in

ART. 22. If a dispute or lawsuit, on commercial or other Civil disputes civil matters, shall happen, the trial shall be had in the presence presence of the of the consul, or of a confidential person of his choice, who shall consul, &c. represent him, and endeavor to accommodate the difference which may have happened between the citizens or subjects of the two nations.

ART. 23. If any difference or dispute shall take place con- War not to take place until a decerning the infraction of any article of the present treaty, on mand and reeither side, peace and good harmony shall not be interrupted fusal of justice. until a friendly application shall have been made for satisfaction; and resort shall not be had to arms therefore, except where such application shall have been rejected; and if war In case of war, be then declared, the term of one year shall be allowed to the one year allowcitizens or subjects of the contracting parties to arrange their ed to citizens, affairs, and to withdraw themselves, with their property.

&c.

The agreements and terms above concluded by the two con- The terms of tracting parties, shall be punctually observed, with the will of this treaty to be punctually obthe Most High: and for the maintenance and exact observance served. 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.

Whereas the president of the United States of America, by

Recitation of

his letters patent under his signature and the seal of state, dat- the powers of Richard O'Bried the eighteenth day of December, one thousand seven hunen, William dred and ninety-eight, vested Richard O'Brien, William Ea- Eaton, and

1799. March 26.

James Leander

tive to this treaty, &c.

ton, and James Leander Cathcart, or any two of them, in the absence of the third, with full powers to confer, negotiate, and conclude, with the bey and regency of Tunis, on certain alCathcart, rela- terations in the treaty between the United States and the government of Tunis, concluded by the intervention of Joseph Etienné Famin, on behalf of the United States in the month of August, one thousand seven hundred and ninety-seven; we, the underwritten William Eaton and James Leander Cathcart, (Richard O'Brien being absent,) have concluded on and entered, in the foregoing treaty, certain alterations in the eleventh, twelfth, and fourteenth articles, and do agree to said treaty, with said alterations, 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.

In testimony whereof, we annex our names and the consular seal of the United States. Done in Tunis, the twentysixth 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.

No. 2.-Altered articles in the foregoing treaty of Peace and
Friendship with Tripoli.

By the President of the United States of America. A Proclamation.

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:

Whereas sundry articles of the treaty of peace and friendship, concluded between the United States of America and Hamuda Bashaw, of happy memory, in the month of Rebia Elul, in the year of the Hegira 1212, corresponding with the month of August, of the Christian year 1797, have, by experience, been found to require alteration and amendment: In order, therefore, that the United States should be placed on the same footing with the most favored nations having treaties with Tunis, as well as to manifest a respect for the American government, and a desire to continue unimpaired, the friendly relations which have always existed between the two nations,

it is hereby agreed and concluded, between his highness Sidi Mahmoud, Bashaw, Bey of Tunis, and S. D. Heap, esquire, chargé d'affaires of the United States of America, that alterations be made in the sixth, eleventh, twelfth, and fourteenth articles of said treaty, and that the said articles shall be altered and amended in the treaty, to read as follows: