1824. February 24. Commerce to be on an equal footing with the most favored nations. ARTICLE 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 Tuniceiving freight. sian subject shall freight an American vessel; and load her with merchandize, and shall afterwards want to unload or ship them on board of another vessel, we shall not permit him, until the matter is deter Rules for re mined by a reference of merchants, who shall decide upon the case, and, after the deci the salute, and the number of guns shall be fi ed 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. ARTICLE 12-as it was. 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 merchandize, 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 sion, the determination shall case, and after the decision, 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 protection and 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. ARTICLE 14-as it now is. All vessels belonging to the citizens and inhabitants of the United States shall be permit ted 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 1824. chiefs of the be place, only to the have jurisdic tion. The subjects of the two Princes or contracting powers shall under the protection of Prince, and under the jurisdiction of the chief of the place where they may be, and no other person shall have authority over them. If the commandant of the place does not conduct himself agreeably to justice, a representation of it shall be made to us. In case the Government Tunisians to shall have need of an Ameri- have a preference in freightcan merchant vessel, it shall ing. 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. ARTICLE 14-as it was. A Tunisian merchant, who The trade with may go to America with a ves- an equal footboth parties on sel of any nation soever, load- ing. ed with merchandize, which is the production of the kingdom of Tunis, shall pay duty (small as it is) like the merchants of other nations; and Ratification. the American merchants shall equally pay for the merchandize 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 merchandize, under any other flag, he shall pay six per cent. duty in like manner, if a foreign merchant shall bring the merchandize of his country, under the American flag, he shall also pay six per cent. 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.] And whereas the senate of the United States did, on the 18th of January instant, two thirds of the senators present concurring therein, advise and consent to the ratification of the convention containing the said alterations; and whereas, in pursuance of the said advice and consent, I have ratified, on the part of the United States, the said articles: Now, therefore, I do hereby proclaim the same, and have caused the said articles to be made public; to the end that they, and every clause thereof, as they now are, may be observed and fulfilled with good faith by the United States and their citizens. In witness whereof, I have hereunto set my hand, and caused the seal of the United States to be affixed. Done at the city of Washington, this twenty-first day of January, in the year of our Lord one thousand eight hundred and twenty-five, and of the Independence of the United States the forty-ninth. By the President: JOHN QUINCY ADAMS, Secretary of State. JAMES MONROE. SUPPLEMENT. 1830. May 7. Treaty of Commerce and Navigation between the United Treaty between States and the Ottoman Porte. By the President of the United States of America. A Proclamation. WHEREAS a treaty of commerce and navigation, between the United States of America and the Ottoman Porte, was concluded and signed at Constantinople by the respective Plenipotentiaries of the two powers, on the seventh day of May, in the year of our Lord one thousand eight hundred and thirty, and the said Treaty was duly ratified, by the President, on the part of the said United States, on the second day of February, in the year of our Lord one thousand eight hundred and thirty one, in pursuance of the advice and conset of the Senate, as signified by their resolution of the first day of that mo: the and whereas, the ratification by the President, of the said Treaty in the Turkish language, and in a translation thereof into the English, annexed thereto was exchanged at Constantinople, on the fifth day of October, e ghteen hundred and thirty one, by DAVID PORTER, the Charge d'Affaires of the United States near the Sublime Porte, and NnJIB EFFENDI, Reis Effendi of the Porte, for the ratification of the Sultan; which convention, as ratified by the President, in the English version, is, word for word, as follows: the U. S and the Ottoman Porte. The object of this firm instrument, and the motive of this Object. writing, well drawn up, is, that— No treaty, or diplomatic and official convention, having heretofore existed between the Sublime Porte, of perpetual duration, and the United States of America at this time. in consideration of the desire formerly expressed, and of repeated propositions, which have lately been renewed by that power, and in consequence of the wish entertained by the Sublime Porte to testify to the United States of America its sentiments of friendship, we, the Undersigned, Commissioners, invested with the high office of Chief of the Chancery of State, of the Sublime Porte, existing forever, having been permitted by His very Noble Imperial Majesty to negotiate Negotiators. and conclude a treaty, and having thereupon conferred with our friend, the honorable Charles Rhind, who has come to this Imperial Residence, furnished with full powers to negotiate, settle, and conclude, the articles of a treaty, separately and jointly with the other two Commissioners, Commodore Biddle and David Offley, now at Smyrna, have arranged, agreed upon and concluded, the following articles: Turkish merchants in U. S. ports to pay same duties as the most fa ART. 1. Merchants of the Sublime Porte, whether Musselmans or Rayahs, going and coming, in the countries, provinces, and ports, of the United States of America, or pro ceeding from one port to another, or from the ports of the vored nations, United States to those of other countries, shall pay the same duties and other imposts that are paid by the most favored nations; and they shall not be vexed by the exaction of higher duties: and in travelling by sea and by land, all the privileges and distinctions observed towards the subjects of other Powers, shall serve as a rule, and shall be observed to 1880. May 7. American mer wards the merchants and subjects of the sublime Porte. In like manner, American merchants who shall come to the well defended countries and ports of the Sublime Porte, shall pay chants in Turk- the same duties and other imposts, that are paid by merchants ish ports to pay of the most favored friendly powers, and they shall not, in same duties as the most favorany way, be vexed or molested. On both sides, travelling passports shall be granted. ed friendly natious. Consuls may be the ports of each nation. ART. 2. The Sublime Porte may establish Shahbenders established in (Consuls) in the United States of America; and the United States may appoint their citizens to be Consuls or Vice Consuls, at the commercial places in the dominions of the Sublime Porte, where it shall be found needful to superintend the affairs of commerce. These Consuls and Vice Consuls shall be furnished with Berats, or Firmans; they shall enjoy suitable distinction, and shall have necessary aid and protection. Brokers of any religion may be employed. Rules of visit. Litigations and disputes to be decided according to equality and justice. Americans not to take the flag of any other ART. 3. American merchants established in the well defended States of the Sublime Porte, for purposes of commerce, shall have liberty to employ Semsars (brokers) of any nation or religion, in like manner as merchants of other friendly Powers; and they shall not be disturbed in their affairs, nor shall they be treated, in any way, contrary to established usages. American vessels arriving at, or departing from, the ports of the Ottoman Empire, shall not be subjected to greater visit, by the officers of the custom-house and the Chancery of the Port, than vessels of the most favored nation. ART. 4. If litigations and disputes should arise between the subjects of the Sublime Porte and citizens of the United States, the parties shall not be heard, nor shall judgement be pronounced unless the American Dragoman be present.— Causes, in which the sum may exceed five hundred piastres, shall be submitted to the Sublime Porte, to be decided according to the laws of equity and justice. Citizens of the United States of America, quietly pursuing their commerce, and not being charged or convicted of any crime or offence, shall not be molested; and even when they may have committed some offence they shall not be arrested and put in prison, by the local authorities, but they shall be tried by their Minister or Consul, and punished according to their offence, following, in this respect, the usage observed towards other Franks. ART. 5. American merchant vessels, that trade to the dominions of the Sublime Porte, may go and come in perfect power; nor are safety with their own flag; but they shall not take the flag of to protect the any other Power, nor shall they grant their flag to the vessels of other nations and Powers, nor to the vessels of rayahs. their minusters rayahs. |