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and shall be punished according to the law of the United States: and Tongans charged with committing offences against citizens of the United States shall be tried by Tongan courts and punished according to Ta
Claims of a civil nature against citizens of the United States shall be cognizable only in the Consular jurisdiction, and Tongan courts shall be open to citizens of the United States to prosecute such claims agains: Tongans, according to law: Provided, That citizens of the United States charged with violations of laws and regulations of Tonga relating to customs, taxation, public health and local police not cognizable as such under the laws of the United States, shall be amenable to the jurisdiction of the Tongan courts upon notice to the nearest U. S. Consular Commercial Agent, if there be one resident in Tonga, who shall hare the right to be present at the trial and to direct or provide for the defense of the accused; the proceedings at all such trials shall be public and accessible.
Treaty concluded June 4, 1805 (Peace and Amity).
1653. ARTICLE VI.
Proper passports shall immediately be given to 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 said vessel, 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 nished in the most exemplary manner. All vessels of war belonging the United States of America, on meeting with a cruiser belonging the regency of Tripoli, and having seen her passport and certificate om the Consul of the United States of America residing in the regency, all permit her to proceed on her cruise unmolested, and without deten»n. No passport shall be granted by either party to any vessels but .ch as are absolutely the property of citizens or subjects of said conacting parties, on any pretense whatever.
The commerce between the United States of America and the regency : Tripoli; the protections to be given to merchants, masters of vessels, nd seamen; the reciprocal rights of establishing Consuls in each coun'y, and the privileges, immunities, and jurisdictions to be enjoyed by ach Consuls, are declared to be on the same footing with those of the nost favored nations, respectively.
1655. ARTICLE XII.
The Consul of the United States of America shall not be answerable or debts contracted by citizens of his own nation, unless he previously rives a written obligation so to do.
1656. ARTICLE XIII.
On a vessel of war belonging to the United States of America anchorng before the city of Tripoli, the Consul is to inform the Bashaw.of her irrival, and she shall be saluted with twenty-one guns, which she is to return in the same quantity or number.
1657. ARTICLE XIV.
As the Government of the United States of America has, in itself, no character of enmity against the laws, religion, or tranquillity of Musselmen, and as the said states never have entered into any voluntary war or act of hostility against any Mohometan nation, except in the defense 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 the 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 a vessel that they may think proper to visit. They shall have, likewist. the liberty to appoint their own Dragoman and Brokers.
1658. ARTICLE XV.
In case of any dispute arising from the violation of any of the articles of this treaty, no appeal shall be made 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 Gorernment of that country shall state their grievances in writing, and transmit it to the Government of the other; and the period of twelve calendar months shall be allowed for answers to be returned; during whih time no act of hostility shall be permitted by either party; and in case the grievances are not redressed, and war should be the event, the Coursuls and citizens or subjects of both parties, reciprocally, shall be per mitted to embark unmolested on board of what vessel or vessels they shall think proper.
1659. ARTICLE XVIII. If any of the citizens of the United States, or any person under their protection, shall haveany dispute 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 decision, it shall immediately be granted to him; and if any dispute 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.
1660. ARTICLE XIX.
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.
1661. ARTICLE XX. Should any citizen of the United States of America die within the mits of the regency of Tripoli, the Bashaw and his subjects shall not iterfere with the property of the deceased; but it shall be under the nmediate direction of the Consul, unless otherwise disposed of by will. hould there be no Consul, the effects shall be deposited in the hands of ome person worthy of trust, until the party shall appear who has a right ) demand them; when they shall render an account of the property. Teither shall the Bashaw or his subjects give hinderance in the execution f any will that may appear.
Treaty concluded August, 1797 (Peace and Friendship).
1662. ARTICLE XI. When a vessel of war of the United States of America shall enter the port of Tunis, and the Consul shall request that the castle may salute her, the number of guns shall be fired which he may request; and if the said Consul does not want a salute there shall be no question about it.
But in case he shall desire the salute, and the number of guns shall be fired 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.
1663. ARTICLE 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.
1664. ARTICLE XVIII. If the subjects or citizens of either of the contracting parties, being within the possessions of the other, contract debts, or enter into obhigations, neither the Consul nor the nation, nor any subjects or citizess thereof, shall be in any manner responsible, except they or the Consol shall have previously become bound in writing; and without this obligation in writing, they cannot be called upon for indemnity or satisfaction.
1665. ARTICLE XIX. In case of a citizen or subject of either of the contracting parties dying within the possessions 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.
1666. ARTICLE XX. The Consul shall be the judge of 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.
1667. ARTICLE 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 according to the laws of the country where the offense shalı 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.
1668. ARTICLE XXII. If a dispute or lawsuit on commercial or other civil matters shall happeu, the trial shall be had in the presence of the Consul, 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.