diately returned: No excuse shall be made that they have hid themselves amongst the people and cannot be found, or any other equivocation.

ARTICLE XII.

No citizen of the United States of North-America, shall 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 passport, 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.

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 it shall be under the immediate direction of the consul: unless 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 hindrance in the execution of any will that may appear.

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 consul of the United States of North-America, or any other 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, he 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 NorthAmerica, shall be decided by the Dey in person, 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.

How slaves

shall be redeemed, and when captured persons shall be lawful prize.

How the catate of citizens of U. S. dying in the Regency shall be settled.

No citizen of U. S. to be compelled to purchase goods or pay debts of another.

How disputes shall be settled.

How crimes

ed.

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 shall be punishsame manner 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.

The consul of the United States of North-America, shall have every personal security given him and his houshold: he shall 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

Privileges of the consul of the U. S.

In case of war, citizens of U. S. may embark unmolested.

Citizens of either nation captured by the other to be set at liberty.

Vessels of war to be saluted.

Consul not to pay duty.

War not to be

of breach of

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 drogaman 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.

ARTICLE XIX.

Should the cruisers of Algiers capture any vessel, having citizens of the United States of North-America on board, they having papers to prove they are really so, they and their property 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.

On a vessel of war belonging to the United States of North-America 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 to pay duty for any thing he brings from a foreign country for the use of his house and family.

ARTICLE XXII.

Should any disturbance take place between the citizens of the United declared in case States and the subjects of this Regency, or break any article of this treaty, war shall not be declared immediately; but every thing shall be searched into regularly: the party injured shall be made reparation.

treaty.

Sum to be paid to the Dey.

On the 21st of the Luna of Safer, 1210, corresponding with the 5th September, 1795, Joseph Donaldson, jun. on the part of the United States of North-America, agreed with Hassan 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.

Signed,

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 under-written 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 negociating 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, junior, 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, junior, 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.

DAVID HUMPHREYS. (L. s.)

Oct. 27, 1795.

Peace esta blished.

TREATY OF FRIENDSHIP, LIMITS AND NAVIGATION,

Between the United States of America, and the King of Spain. (a)

His Catholic Majesty and the United States of America, desiring to consolidate, on a permanent basis, the friendship and good correspondence, which happily prevails between the two parties, have determined to establish, by a convention, several points, the settlement whereof will be productive of general advantage and reciprocal utility to both nations.

With this intention, his Catholic Majesty has appointed the most excellent Lord, don Manuel de Godoy, and Alvarez de Faria, Rios, Sanchez, Zarzosa, Prince de la Paz, duke de la Alcudia, lord of the Soto de Roma, and of the state of Albalá, Grandee of Spain of the first class, perpetual regidor of the city of Santiago, knight of the illustrious order of the Golden Fleece, and Great Cross of the Royal and distinguished Spanish order of Charles the III. commander of Valencia, del Ventoso, Rivera, and Acenchal in that of Santiago; Knight and Great Cross of the religious order of St. John; Counsellor of state; first Secretary of state and despacho; Secretary to the Queen; Superintendant General of the posts and highways; Protector of the royal Academy of the noble arts, and of the royal societies of natural history, botany, chemistry, and astronomy; Gentleman of the King's chamber in employment; Captain General of his armies; Inspector and Major of the royal corps of body guards, &c. &c. &c. and the President of the United States, with the advice and consent of their Senate, has appointed Thomas Pinckney, a citizen of the United States, and their Envoy Extraordinary to his Catholic Majesty. And the said Plenipotentiaries have agreed upon and concluded the following articles:

ARTICLE I.

There shall be a firm and inviolable peace and sincere friendship between his Catholic Majesty, his successors and subjects, and the United States, and their citizens, without exception of persons or places.

ARTICLE II.

To prevent all disputes on the subject of the boundaries which separate the territories of the two high contracting parties, it is hereby

(a) The treaties with Spain have been:

A Treaty of Friendship, Limits, and Navigation between the United States and the King of Spain. October 27, 1795.

A Convention of Indemnification between the United States and Spain. August 11, 1802; post, 198. Treaty of Amity, Settlement and Limits between the United States of America and his Catholic Majesty, negotiated February 22, 1819. Ratified by the President and Senate on the 19th February, 1821, and by the King of Spain on the 24th October, 1820, post, 252.

Treaty of Feb. 17, 1834, post, p. 460. Decisions in cases under the treaty with Spain of October 27, 1795, post. p. 252.

Under the Spanish treaty of 1795, stipulating that free ships shall make free goods, the want of such a sea-letter or passport, or such certificates as are described in the seventeenth article, is not a substantive ground of condemnation. It only authorizes capture and sending in for adjudication, and the proprietary interest in the ship may be proved by other equivalent testimony. But if, upon the original evidence, the cause appears extremely doubtful and suspicious, and farther proof is necessary, the grant or denial of it rests on the same general rules which govern the discretion of prize courts in other cases. The Pizarro, 2 Wheat. 227; 4 Cond. Rep. 103.

44

The term subjects," in the fifteenth article of the treaty, when applied to persons owing allegiance

TRATADO DE AMISTAD, LIMITES, Y NAVEGACION

Entre los Estados Unidos de America y el Rey de
España.

DESEANDO S. M. Catolica, y los Estados Unidos de America consolidar de un modo permanente la buena correspondencia y amistad que felizmente reyna entre ambas partes, han resuelto fixar por medio de un convenio varios puntos, de cuyo arreglo resultará un beneficio general, y una utilidad reciproca â los dos paises.

Con esta mira han nombrado S. M. Catolica al Excelentisimo Sor Dn. Manuel de Godoy, y Alvarez de Faria, Rios, Sanchez, Zarzosa, Principe de la Paz, Duque de la Alcudia, Señor del Soto de Roma, y del Estado de Abalá, Grande de España de primera clase, Regidor perpetuo de la ciudad de Santiago, Caballero de la insigne orden del toyson de Oro, Gran Cruz de la Real y distinguida orden Española de Carlos III. Comendador de Valencia, del Ventoso, Rivera, y Acenchal en la de Santiago, Caballero Gran Cruz de la Religion de S. Juan, Consejero de Estado, primera Secretario de Estado y del Despacho, Secretario de la Reyna Na Sra Superintendente General de Correos y Caminos, Protector de la R' Academia de las nobles artes, y de los Rles. Gabinere de Historia Natural, Jardin Botanico, Laboratorio Chîmico, y Observatorio Astronomico; Gentilhombre de Camara con exercicio; Capitan General de los Reales Exercitos; Inspector y Sargento Mayor del R. Cuerpo de Guardias de Corps, y el Presidente de los Estados Unidos, con el consentimiento y aprobacion del Senado, à D? Thomas Pinckney, ciudadano de los mismos Estados, y su Enviado Extraordinario cerca de S. M. Catholica, y ambos Plenipotenciarios han ajustado y firmado los articulos siguientes:

ART. I.

Habrá una Paz solida ê inviolable, y una amistad sincera entre S. M. Catolica sus succesores y subditos, y los Estados Unidos y sus Ciudadanos sin excepcion de personas, ô lugares.

ART. II.

Para evitar toda disputa en punto â los limites que separan los territorios de las dos altas partes contratantes, se han convenido, y declarado

to Spain, must be construed in the same sense as the term "citizens," or "inhabitants," when applied to persons owing allegiance to the United States; and extends to all persons domiciled in the Spanish dominions. Ibid.

The Spanish character of the ship being ascertained, the proprietary interest of the cargo cannot be inquired into; unless so far as to ascertain that it does not belong to citizens of the United States, whose property engaged in trade with the enemy is not protected by the treaty. Ibid.

The seventeenth article of the Spanish treaty of 1795, so far as it purports to give any effect to passports, is imperfect and inoperative, in consequence of the omission to annex the form of passport to the treaty. The Amiable Isabella, 6 Wheat. 1; 5 Cond. Rep. 1.

By the Spanish treaty of 1795, free ships make free goods; but the form of the passport, by which the freedom of the ship was to have been conclusively established, never having been duly annexed to the treaty, the proprietary interest of the ship is to be proved according to the ordinary rules of the prize court; and if thus shown to be Spanish, will protect the cargo on board, to whomsoever the latter may belong. Ibid.

The treaty with Spain of 1795, does not contain, express or implied, a stipulation that enemy's ships shall make enemy's goods. The Nereide; Bennet, Master, 9 Cranch, 388; 3 Cond. Rep. 439.