Duty of anchorage. Right of having a Consul, and his privileges. No responsibility for subjects contracting debts, &c. Administration of the effects of a decedent. Consul's juris. diction over his countrymen. Punishment or personal assaults, commit Art. XVI. The merchant vessels of the United States which shall cast anchor in the road of the 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. XVII. 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. XVIII. If the subjects or citizens of either of the contracting parties, being within the possessions of the other, contract debts, or enter into obligations, neither the consul nor 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. Art. XIX. In case of a citizen or subject of either of the contracting parties dying within the possesions of the other, the 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. Art. XX. The consul shall be the judge in all disputes between his fellow citizens or subjects, as also between all other persons who may be immediately under his protection; and 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. XXI. 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 ted by the sub- 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. jects of one party upon those of the other. Trial of disputes on civil matters between them. In case of national differen ces, accommo. dation to be at Art. XXII. If a dispute or law-suit on commercial or other civil matters shall happen, the trial shall be had in the presence of the con sul, or of a confidential person of his choice, who shall represent him, and endeavor to accommodate the difference which may have happened between the citizens or subjects of the two nations. Art. XXIII. If any difference or dispute shall take place concerning the infraction of any article of the present treaty on either side, peace and good harmony shall not be interrupted, until a friendly application tempted before shall have been made for satisfaction; and resort shall not be had to arms therefor, except where such application shall have been rejected; and if war be then declared, the term of one year shall be allowed to the citizens or subjects of the contracting parties to arrange their affairs, and to withdraw themselves with their property. recourse is had to arms. The agreements and terms above concluded by the two contracting parties, shall be punctually observed with the will of the Most High: And for the maintenance and exact observance 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. (SEAL.) WHEREAS the President of the United States of America, by his letters patent, under his signature and the seal of State, dated the eighteenth day of December, one thousand seven hundred and ninety-eight, vested Richard O'Brien, William Eaton, 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 alterations in the treaty between the United States and the government of Tunis, concluded by the intervention of Joseph Etienne 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 four teenth 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 twenty-sixth day of March, in the year of the Christian era one thousand seven hundred and ninety-nine, and of American independence the twenty-third. (Signed) WILLIAM EATON, JAMES LEANDER CATHCART. VOL. VIII. 21 02 July 11, 1799. Ratifications exchanged at Berlin, June 22, 1800. Proclamation by the President, Nov. 4, 1800. Peace and friendship established. Privileges of Prussian subjects trading to the U. S Commercial privileges. TREATY OF AMITY AND COMMERCE, Between his Majesty the King of Prussia and the United His Majesty the King of Prussia, and the United States of America, desiring to maintain upon a stable and permanent footing, the connections of good understanding, which have hitherto so happily subsisted between their respective States, and for this purpose to renew the Treaty of Amity and Commerce concluded between the two Powers, at the Hague, the 10th of September 1785, for the term of ten years, his Prussian Majesty has nominated and constituted as his Plenipotentiaries, the Count Charles William de Finkenstein, his Minister of State, of War, and of the Cabinet, Knight of the orders of the black Eagle and of the red Eagle, and commander of that of St. John of Jerusalem, the Baron Philip Charles d'Alvensleben, his Minister of State, of War, and of the Cabinet, Knight of the orders of the black Eagle and of the red Eagle, and of that of St. John of Jerusalem, and the Count Christian Henry Curt de Haugwitz, his Minister of State, of War, and of the Cabinet, Knight of the orders of the black Eagle and of the red Eagle; and the President of the United States has furnished with their full powers, John Quincy Adams, a citizen of the United States, and their Minister Plenipotentiary at the court of his Prussian Majesty; which Plenipotentiaries, after having exchanged their full powers, found in good and due form, have concluded, settled, and signed the following articles: ARTICLE I. There shall be in future, as there has been hitherto, a firm, inviolable, and universal Peace, and a sincere Friendship, between his Majesty the King of Prussia, his heirs, successors, and subjects, on the one part, and the United States of America, and their citizens on the other, without exception of persons or places. ARTICLE II. The subjects of his Majesty, the King of Prussia may frequent all the coasts and countries of the United States of America, and reside and trade there, in all sorts of produce, manufactures and merchandize, and shall pay there no other or greater duties, charges or fees whatsoever, than the most favoured nations are or shall be obliged to pay. They shall also enjoy, in navigation and commerce, all the rights, privileges and exemptions, which the most favoured nation does or shall enjoy, submitting themselves nevertheless to the established laws and usages, to which are submitted the citizens of the United States, and the most favoured nations. ARTICLE III. In like manner the citizens of the United States of America may frequent all the coasts and countries of his Majesty the King of Prussia, and reside and trade there, in all sorts of produce, manufactures and merchandize, and shall pay, in the dominions of his said Majesty, no other or greater duties, charges or fees whatsoever, than the most favoured nation is or shall be obliged to pay; and they shall enjoy all (a) See note to page 84, ante. TRAITÉ D'AMITIÉ ET DE COMMERCE, Entre sa Majesté le Roi de Prusse, et les Etats Unis de l'Amérique. Sa Majesté le Roi de Prusse et les Etats Unis de l'Amérique, désirant d'entretenir sur un pied stable et permanent les liaisons de bonne intelligence, qui ont si heureusement subsisté jus'quici, entre leurs Etats respectifs, et de renouveller pour cet effet le Traité d'Amitié et de Commerce, qui a été conclû entre les deux puissances à la Haye le 10me Septembre 1785, pour le terme de dix années, sa Majesté Prussienne a nommé et constitué ses Plenipotentiaires, le Sieur Charles Guillaume, Comte de Finkenstein, son Ministre d'etat de guerre, et de cabinet, chevalier des ordres de l'aigle-noir, et de l'aigle rouge, et commandeur de celui de St. Jean de Jérusalem: le Sieur Philippe-Charles, Baron d'Alvensleben, son ministre d'etat, de guerre, et de cabinet, chevalier des ordres de l'aigle-noir, et de l'aigle-rouge, et de celui de St. Jean de Jérusalem, et le Sieur Chretien-Henri-Curce-Comte de Haugwitz, son ministre d'etat, de guerre, et de cabinet, chevalier des ordres de l'aigle-noir, et de l'aigle rouge; et le Président des Etats Unis a muni de leur pleinpouvoir Jean-Quincy Adams, citoyen des Etats Unis, et leur ministre plenipotentiaire à la Cour de sa Majesté Prussienne; lesquels plénipotentiaires après avoir échangés leurs pleinpouvois trouvés en bonne et düe forme, ont conclû, arrêté et signé les Articles suivans: ARTICLE I. IL y aura dans la suite, comme par le passé, une paix ferme, inviolable et universelle, et une amitié sincère entre sa Majesté le Roi de Prusse, ses héritiers, successeurs, et sujets, d'une part, et les Etats Unis de l'Amérique, et leurs citoyens, d'autre part, sans exception de personnes ou de lieux. ARTICLE II. Les sujets de sa Majesté le Roi de Prusse pourront fréquenter toutes les côtes et les pays des Etats Unis de l'Amérique, y résider et trafiquer en toutes sortes de productions, manufactures et marchandises, et n'y payeront d'autres ni de plus forts impôts, charges, ou droits, que ceux que les nations les plus favorisées sont ou seront obligées de payer. Ils jouiront aussi dans la navigation, et le commerce, de tous les droits, privilèges, et exemptions dont jouit ou jouira la nation la plus favorisée, se soumettant néanmoins aux loix et usages établis, auxquels sont soumis les citoyens des Etats Unis, et les nations les plus favorisées. ARTICLE III. Pareillement les citoyens des Etats Unis de l'Amérique pourront frequenter toutes les côtes et tous les pays de sa Magesté le roi de Prusse, y résider et trafiquer en toutes sortes de productions, manufactures et marchandises, et ne payeront d'autres ni de plus forts impôts, charges ou droits, dans les domaines de sa dite Majesté, que ceux que la nation la plus favorisée est ou sera obligée de payer, et ils jouïront de tous les Commercial privileges. Protection of property within the jurisdiction of each party. the rights, privileges and exemptions, in navigation and commerce, which the most favoured nation does or shall enjoy; submitting themselves nevertheless to the established laws and usages, to which are submitted the subjects of his Majesty the King of Prussia, and the subjects and citizens of the most favoured nations. ARTICLE IV. More especially, each party shall have a right to carry their own produce, manufactures and merchandize, in their own or any other vessels, to any parts of the dominions of the other, where it shall be lawful for all the subjects and citizens of that other freely to purchase them, and thence to take the produce, manufactures and merchandize of the other, which all the said citizens or subjects shall in like manner be free to sell to them, paying in both cases, such duties, charges, and fees only, as are or shall be paid, by the most favored nation. Nevertheless, his Majesty the King of Prussia and the United States, respectively, reserve to themselves the right, where any nation restrains the transportation of merchandize to the vessells of the country of which it is the growth or manufacture, to establish against such nation retaliating regulations; and also the right to prohibit in their respective countries the importation and exportation of all merchandize whatsoever, when reasons of state shall require it. In this case the subjects or citizens of either of the contracting parties shall not import or export the merchandize prohibited by the other. But if one of the contracting parties permits any other nation to import or export the same merchandize, the citizens or subjects of the other shall immediately enjoy the same liberty. ARTICLE V. The merchants, commanders of vessels, or other subjects or citizens. of either party, shall not, within the ports or jurisdiction of the other, be forced to unload any sort of merchandise into any other vessel, nor to receive them into their own, nor to wait for their being loaded longer than they please. ARTICLE VI. That the vessels of either party, loading within the ports or jurisdiction of the other, may not be uselessly harassed, or detained, it is agreed, that all examinations of goods, required by the laws, shall be made before they are laden on board the vessel, and that there shall be no examination after; nor shall the vessel be searched at any time, unless articles shall have been laden therein clandestinely and illegally, in which case the person by whose order they were carried on board, or who carried them without order, shall be liable to the laws of the land in which he is, but no other person shall be molested, nor shall any other goods, nor the vessel, be seized or detained for that cause. ARTICLE VII. Each party shall endeavour by all the means in their power to protect and defend all vessels and other effects, belonging to the citizens or subjects of the other, which shall be within the extent of their jurisdiction by sea or by land; and shall use all their efforts to recover, and cause to be restored to the right owners, their vessels and effects, which shall be taken from them within the extent of their said jurisdiction ARTICLE VIII. The vessels of the subjects or citizens of either party, coming on any |