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immediately, and their effects, so captured, shall be restored to their lawful owners, or their agents.
ART. 6th. 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 Tripoli, on meeting with merchant vessels belonging to citizens of the United States of America, shall not be permitted to visit them with more than two persons besides the rowers; these two 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 said subjects of Tripoli insult or molest the commander, or any other person on board a vessel so visited, or plunder any of the property contained in her, on complaint being made by the consul of the United States of America resident at Tripoli, and on his producing sufficient proof to substantiate the fact, the commander or rais of said Tripoline 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 with a cruizer belonging to the Regency of Tripoli, on having seen her passport and certificate from the consul of the United States of America residing in the Regency, shall permit her to proceed on her cruize 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 said contracting parties, on any pretence whatever.
ART. 8th. Vessels of either party, putting into the ports of the other, and having need of provisions or other supplies, they shall be furnished at the market price, and if any such vessel should so put in, from a disaster at sea, and have occasion to repair, she shall be at liberty to land and reimbark her cargo, without paying any duties; but in no case shall she be compelled to land her cargo.
sufficient pass. port. a
ART. 7th. A citizen or subject of either of the contracting parties, What shall be having bought a prize vessel, condemned by the other party, or by any other nation, the certificate of condemnation and bill of sale, shall be sufficient passport for such vessel for two years, which, considering the distance between the two countries, is no more than a reasonable time for her to procure proper passports.
ART. 9th. Should a vessel of either party be cast on the shore of the other, all proper assistance shall be given to her and her crew. No pillage shall be allowed, the property shall remain at the disposition of the owners, and the crew protected and succoured, till they can be sent to their country.
ART. 10th. If a vessel of either party shall be attacked by an enemy within gun-shot of the forts of the other, she shall be defended as much as possible. If she be in port, she shall not be seized or attacked when it is in the power the other party to protect her; and when she proceeds to sea, no enemy shall be allowed to pursue her from the same port, within twenty-four hours after her departure.
ART. 11th. The commerce between the United States of America, and the Regency of Tripoli; the protections to be given to merchants, masters of vessels and seamen; the reciprocal right of establishing consuis in each country, and the privileges, immunities and jurisdictions, to be enjoyed by such consuls, are declared to be on the same footing, with those of the most favored nations, respectively.
ART. 12th. The consul of the United States of America shall not be answerable for debts contracted by citizens of his own nation, unless he previously gives a written obligation so to do.
Passports to bo given to ves. contracting parties.
sels of both
Vessels of both nations permitted to touch at the ports of each. for provisions, &c.
Proper assistance to be given
to the vessels of both nations, &c.
Rules as to
the time when,
and the distance which, an enemy's vessel may be attack
Commerce, &c. to be on the of the most fafooting of that voured nations.
Consul of U.S not to be an
swerable for debts of citizena of his own country.
Vessels of the U. S. to be saluted by the government of that regency.
Entire freedom to be allowed in religious
Time allowed before an appeal to arms.
Mutual exchange of prisoners in the event of a war.
Vessels of U.S. captured by one of the Barbary
states, not to be sold, but to be sent away.
Disputes to be settled by the consul of U.S.
ART. 13th. On a vessel of war, belonging to the United States of America, anchoring before the city of Tripoli, the consul is to inform the Bashaw of her arrival, and she shall be saluted with twenty-one guns, which she is to return in the same quantity or number.
ART. 14th. As the government of the United States of America has, in itself, no character of enmity against the laws, religion, or tranquility of Musselmen, and as the said states never have entered into any voluntary war or act of hostility against any Mahometan nation, except in the defence of their just rights to freely navigate the high seas, it is declared by the contracting parties, that no pretext arising from religious opinions shall ever produce an interruption of the harmony existing between the two nations. And the consuls and agents of both nations respectively, 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 consuls shall have liberty and personal security given them, to travel within the territories of each other both by land and sea, and shall not be prevented from going on board any vessel that they may think proper to visit. They shall have likewise the liberty to appoint their own drogerman and brokers.
ART. 15th. In case of any dispute arising, from the violation of any of the articles of this treaty, no appeal shall be made to arms; nor shall war be declared on any pretext whatever; but if the consul residing at the place where the dispute shall happen, shall not be able to settle the same, the government of that country shall state their grievances in writing, and transmit it to the government of the other; and the period of twelve calender months shall be allowed for answers to be returned; during which time no act of hostility shall be permitted by either party; and in case the grievances are not redressed, and a war should be the event, the consuls and citizens or subjects of both parties reciprocally, shall be permitted to embark with their effects unmolested, on board of what vessel or vessels they shall think proper.
ART. 16th. If in the fluctuation of human events, a war should break out between the two nations, the prisoners captured by either party shall not be made slaves, but shall be exchanged rank for rank. And if there should be a deficiency on either side, it shall be made up by the payment of five hundred Spanish dollars for each captain, three hundred dollars for each mate and supercargo, and one hundred Spanish dollars for each seaman so wanting. And it is agreed that prisoners shall be exchanged in twelve months from the time of their capture; and that the exchange may be effected by any private individual legally authorized by either of the parties.
ART. 17th. If any of the Barbary states, or other powers, at war with the United States of America, shall capture any American vessel, and send her into any of the ports of the Regency of Tripoli, they shall not be permitted to sell her, but shall be obliged to depart the port, on procuring the requisite supplies of provisions; and no duties shall be exacted on the sale of prizes, captured by the vessels sailing under the flag of the United States of America, when brought into any port in the regency of Tripoli.
ART. 18th. If any of the citizens of the United States, or any persons under their protection, shall have any disputes with each other, the consul shall decide between the parties, and whenever the consul shall require any aid or assistance from the government of Tripoli to enforce his decisions, it shall immediately be granted to him, and if any disputes shall arise between any citizen of the United States, and the
citizens or subjects of any other nation having a consul or agent in Tripoli; such disputes shall be settled by the consuls or agents of the respective nations.
ART. 19th. If a citizen of the United States should kill or wound a Tripoline, or, on the contrary, if a Tripoline shall kill or wound a citizen of the United States, the law of the country shall take place, and equal justice shall be rendered, the consul assisting at the trial; and if any delinquent shall make his escape, the consul shall not be answerable for him in any manner whatever.
ART. 20th. Should any of the citizens of the United States of America die within the limits of the Regency of Tripoli, the Bashaw 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 Bashaw or his subjects give hindrance in the execution of any will that may appear.
WHEREAS the undersigned, Tobias Lear, Consul-General of the United States of America, for the Regency of Algiers, being duly appointed Commissioner, by letters patent under the signature of the President, and seal of the United States of America, bearing date at the City of Washington, the 18th day of November, one thousand eight hundred and three, for negociating and concluding a treaty of peace, between the United States of America, and the Bashaw, Bey, and subjects of the Regency of Tripoli, in Barbary.
Now KNOW YE, That I, Tobias Lear, Commissioner as aforesaid, do conclude the foregoing 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.
Done at Tripoli, in Barbary, the fourth day of June, in the year one thousand eight hundred and five; corresponding with the sixth day of the first month of Rabbia, 1220.
Having appeared in our presence, Colonel Tobias Lear, Consul-General of the United States of America, in the Regency of Algiers, and Commissioner for negociating and concluding a treaty of peace and friendship, between us and the United States of America, bringing with him the present treaty of peace, with the within articles, they were by us minutely examined, and we do hereby accept, confirm and ratify them, ordering all our subjects to fulfil entirely their contents without any violation, and under no pretext.
IN WITNESS WHEREOF, We, with the heads of our Regency, sub-
Given at Tripoli, in Barbary, the sixth day of the first month of
The lex loci to
prevail with recides commitgard to homited by a citizen of U.S. or a Tripoline.
U.S. dying in the Regency of Tripoli, their property to be saved for their representatives
Dec. 24, 1814. Ratified and confirmed, by and with the ad
vice and conBent of the
Senate, Feb. 17,
1821, ch. 40. 1827, ch. 36. 1828, ch. 52.
HAMET, Rais de Marine.
MURAT RAIS, Admiral.
ABDALLA, Basa Aga.
ALLI BEN DIALE, First Secretary.
Territory, &c. to be restored,
(L. S. (L. S.) (L. S.)
TREATY OF PEACE AND AMITY,
Between his Britannic Majesty and the United States of
His Britannic Majesty and the United States of America, desirous of terminating the war which has unhappily subsisted between the two countries, and of restoring, upon principles of perfect reciprocity, peace, friendship, and good understanding between them, have, for that purpose, appointed their respective plenipotentiaries, that is to say: His Britannic Majesty, on his part, has appointed the right honorable James Lord Gambier, late admiral of the white, now admiral of the red squadron of His Majesty's fleet, Henry Goulburn Esquire, a member of the Imperial Parliament, and under Secretary of State, and William Adams, Esquire, Doctor of Civil Laws:-And the President of the United States, by and with the advice and consent of the Senate thereof, has appointed John Quincy Adams, James A. Bayard, Henry Clay, Jonathan Russell and Albert Gallatin, citizens of the United States, who, after a reciprocal communication of their respective full powers, have agreed upon the following articles:
ARTICLE THE FIRST.
Firm and in
There shall be a firm and universal peace between His Britannic violable peace. Majesty and the United States, and between their respective countries, territories, cities, towns, and people, of every degree, without exception of places or persons. All hostilities, both by sea and land, shall cease as soon as this treaty shall have been ratified by both parties, as hereinafter mentioned. All territory, places, and possessions whatsoever, taken by either party from the other, during the war, or which may be taken after the signing of this treaty, excepting only the islands hereinafter mentioned, shall be restored without delay, and without causing any destruction, or carrying away any of the artillery or other public property originally captured in the said forts or places, and which shall remain therein upon the exchange of the ratifications of this treaty, or Archives and any slaves or other private property. And all archives, records, deeds, and papers, either of a public nature, or belonging to private persons, which, in the course of the war, may have fallen into the hands of the officers of either party, shall be, as far as may be practicable, forthwith restored and delivered to the proper authorities and persons to whom they respectively belong. Such of the islands in the Bay of Passama
records to be restored.
(a) See notes of the treaties and conventions between the United States and Great Britain, ante, p. 54.
quoddy as are c aimed by both parties, shall remain in the possession of the party in whose occupation they may be at the time of the exchange of the ratifications of this treaty, until the decision respecting the title to the said islands shall have been made in conformity with the fourth article of this treaty. No disposition made by this treaty, as to such possession of the islands and territories claimed by both parties, shall, in any manner whatever, be construed to affect the right of either.
ARTICLE THE SECOND.
Immediately after the ratifications of this treaty by both parties, as hereinafter mentioned, orders shall be sent to the armies, squadrons, officers, subjects and citizens, of the two powers, to cease from all hostilities. And to prevent all causes of complaint which might arise on account of the prizes which may be taken at sea after the said ratifications of this treaty, it is reciprocally agreed, that all vessels and effects which may be taken after the space of twelve days from the said ratifications, upon all parts of the coast of North America, from the latitude of twenty-three degrees north, to the latitude of fifty degrees north, and as far eastward in the Atlantic ocean, as the thirty-sixth degree of west longitude from the meridian of Greenwich, shall be restored on each side: That the time shall be thirty days in all other parts of the Atlantic ocean, north of the equinoctial line or equator, and the same time for the British and Irish channels, for the Gulf of Mexico and all parts of the West Indies: Forty days for the North seas, for the Baltic, and for all parts of the Mediterranean: Sixty days for the Atlantic ocean south of the equator, as far as the latitude of the Cape of Good Hope: Ninety days for every other part of the world south of the equator: And one hundred and twenty days for all other parts of the world, without exception.
Immediately on ratification, orders to be sent to armies, &c. to cease hostili
time of capture tudes.
ARTICLE THE THIRD.
All prisoners of war taken on either side, as well by land as by sea, shall be restored as soon as practicable after the ratifications of this war to be retreaty, as hereinafter mentioned, on their paying the debts which they may have contracted during their captivity. The two contracting parties respectively engage to discharge, in specie, the advances which may have been made by the other for the sustenance and maintenance of such prisoners.
ARTICLE THE FOURTH.
Whereas it was stipulated by the second article in the treaty of peace, of one thousand seven hundred and eighty-three, between His Britannic Majesty and the United States of America, that the boundary of the United States should comprehend all islands within twenty leagues of any part of the shores of the United States, and lying between lines to be drawn due east from the points where the aforesaid boundaries, between Nova Scotia, on the one part, and East Florida on the other, shall respectively touch the bay of Fundy, and the Atlantic ocean, excepting such islands as now are, or heretofore have been, within the limits of Nova Scotia; and whereas the several islands in the Bay of Passamaquoddy, which is part of the Bay of Fundy, and the island of Grand Menan in the said Bay of Fundy, are claimed by the United States as being comprehended within their aforesaid boundaries, which said islands are claimed as belonging to his Britannic Majesty, as having been at the time of, and previous to, the aforesaid treaty of one thousand seven hundred and eighty-three, within the limits of the province of Nova Scotia: In order, therefore, finally to decide upon these claims, it is agreed that they shall be referred to two commissioners to be appointed in the following manner, viz: one commissioner shall be appointment of appointed by his Britannic Majesty, and one by the president of the
Mode of the
Reference of the boundary established by
the treaty of 1783.