SOURCE : THE NAVAL MONUMENT, BOSTON, 1836
JAMES MADISON.
PRESIDENT OF THE
UNITED STATES OF AMERICA.
To all and singular to whom these Presents shall
come.... Greeting:
WHEREAS a Treaty of
Peace and Amity, between the United States of America and his Highness Omar
Bashaw, Dey of Algiers, was concluded at Algiers on the thirtieth day of June
last, by Stephen Decatur and William Shaler, citizens of the United States, on
the part of the United States and the said Omar Bashaw, Dey of Algiers, and was
duly signed and sealed by the said parties, which Treaty is in the words
following, to wit:
TREATY of
Peace and Amity, concluded between the United States of America and His Highness Omar
Bashaw, Dey of Algiers.
Art. 1. There shall be, from the conclusion of this treaty, a firm, inviolable and universal peace and friendship between the President and the citizens of the United States of America, on the one part, and the Dey and Subjects of the Regency of Algiers in Barbary on the other, made by the free consent of both parties, on the terms of the most favorable nations : and if either party shall hereafter grant to any other nation any particular favor or privilege in navigation or commerce, it shall immediately become common to the other party, freely when it is freely granted to such other nations ; but when the grant is conditional, it shall be at the option of the contracting parties to accept, alter, or reject such conditions, in such manner as shall be most conducive to their respective interests.
Art. 2. It is distinctly understood between the contracting parties, that no tribute, either as biennial presents, or under any other form or name whatever, shall ever be required by the Dey and Regency of Algiers from the United States of America, on any pretext whatever.
Art. 3. The Dey of Algiers shall cause to be immediately delivered up to the American squadron, now off Algiers, all the American citizens, now in his possession, amounting to ten, more or less ; and all the subjects of the Dey of Algiers, now in possession of the United States, amounting to five hundred, more or less, shall be delivered up to him, the United States, according to usages of civilized nations, requiring no ransom for the excess of prisoners in their favors.
Art. 4. A just and full compensation shall be made by the Dey of Algiers, to such citizens of the United States, as have been captured and detained by Algerine cruisers, or who have been forced to abandon their property in Algiers in violation of the twenty-second article of the treaty of peace and amity concluded between the United States and the Dey of Algiers, on the 5th of September, 1795.
And it is agreed
between the contracting parties, that in lieu of the above, the Dey of Algiers
shall cause to be delivered forthwith into the hands of the American consul,
residing at Algiers, the whole of a quantity of bales of cotton left by the
late consul general of the United States in the public magazines in Algiers,
and that he shall pay into the hands of the said consul the sum of ten thousand
Spanish dollars.
Art. 5. If any goods, belonging to any nation with which either of the parties is at war, should be loaded on board vessels belonging to the other party, they shall pass free and unmolested, and no attempts shall be made to take or detain them.
Art. 6. If any citizens or subjects with their effects, belonging to either party, shall be found on board a prize vessel taken from an enemy by the other party, such citizens or subjects shall be liberated immediately, and in no case, on any other pretence whatever, shall any American citizen be kept in captivity or confinement, or the property of any American citizen, found on board of any vessel belonging to any other nation, with which Algiers may be at war, be detained from its lawful owners after the exhibition of sufficient proofs of American citizenship and of American property by the consul of the United States, residing at Algiers.
Art. 7. 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 Algiers, on meeting with merchant vessels belonging to the citizens of the United States of America, shall not be permitted to visit them with more than two persons besides the rowers; these 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 subjects of Algiers 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 residing in Algiers, and on his producing sufficient proof to substantiate the fact, the commander of Rais of said Algerine 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 a cruiser belonging to
the Regency of Algiers on having seen her passports and certificates from the
consul of the United States, residing in Algiers, shall permit her to proceed
on her cruise unmolested, and without detention. No passport shall be granted by
either party to any vessel, but such as are absolutely the property of citizens
or subjects of the said contracting parties, on any pretence whatever,
Art. 8. A citizen or subject of either of the contracting parties having bought a prize vessel condemned by the other party, or by any other nation, the certificates of condemnation and bill of sale shall be a sufficient passport for such vessel for six months, which considering the distance between the two countries, is no more than a reasonable time for her to procure proper passports.
Art. 9. Vessels of either of the contracting parties, putting into the ports of the other, and having need of provisions or other supplies, shall be furnished at the market price; and if any such vessel should so put in from a distance at sea, and have occasion to repair, she shall be at liberty to land and re-embark her cargo without paying any customs or duties whatever; but in no case shall she be compelled to land her cargo.
Art. 10. Should a vessel of either of the contracting parties be cast on shore within the territories of the other, all proper assistance shall be given to her crew : no pillage shall be allowed. The property shall remain at the disposal of the owners, and if reshipped on board of any vessel for exportation, no customs or duties whatever shall be required to be paid thereon, and the crew shall be protected and secured, until they can be sent to their own country.
Art. 11. If a vessel of either of the contracting parties shall be attacked by an enemy within cannon shot of the forts of the other, she shall be protected as much as possible. If she be in port she shall not be seized or attacked, when it is in the power of the other party to protect her; and when she proceeds to sea, no enemy shall be permitted to pursue her from the same port, within twenty-four hours after her departure. .
Art. 12. The commerce between the United States of America and the Regency of Algiers, the protections to be given to merchants, masters of vessels, and seamen, the reciprocal rights of establishing consuls in each country, and the privileges, immunities and jurisdiction to be enjoyed by such consuls, are declared to be on the same footing in every respect with the most favored nations respectively.
Art. 13. The consul of the United States of America shall not be responsible for the debts contracted by citizens of his own nation, unless he previously gives written obligations so to do.
Art. 14. On a vessel or vessels of war, belonging to the United States, anchoring before the city of Algiers, the consul is to inform the Dey of her arrival, when she shall receive the salutes which are by treaty or custom given to the ships of war of favored nations, on similar occasions and which shall be returned gun for gun; and if after such arrival, so announced, any Christians whatsoever, in Algiers make their escape and take refuge on board any of the ships of war, they shall not be required back again, nor shall the consul of the United States, or commander of said ships, be required to pay anything for the said Christians.
Art. 15. As the government of the United States of America has in itself no character of enmity against the laws, religion or tranquility of any nation, and as the said States have never entered into any voluntary war or act of hostility, except in defence of their just rights on 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 shall have liberty to celebrate the rites of their respective religions in their own houses.
The consuls
respectively 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 vessels they may think proper to visit ; they
shall likewise have the liberty to appoint their own drogoman and broker.
Art. 16. 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 grievance in writing, and transmit the same to the government of the other, and the period of three 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 consul and citizens, and subjects of both parties respectively, shall be permitted to embark with their effects unmolested, on board of what vessel or vessels they shall think proper, reasonable time being allowed for that purpose.
Art. 17. If in the course of events, a war should break out between the two nations, the prisoners captured by either party shall not be made slaves; they shall not be forced to hard labor, or other confinement than such as may be necessary to secure their safe keeping,
and shall be exchanged
rank for rank ; and it is agreed that prisoners shall be exchanged in twelve
months after their capture, and the exchange may be effected by any private
individual legally authorized by either of the parties.
Art. 18. If any of the Barbary states or other powers at war with the United States, shall capture any American vessel and send it into any port of the Regency of Algiers, they shall not be permitted to sell her, but shall be forced to depart the port, on procuring the requisite supplies of provision: But the vessels of war of the United States, with any prizes
they may capture from
their enemies shall have liberty to frequent the port of Algiers, for
refreshment of any kind and to sell such prizes, in the said ports, without any
other customs or duties, than such as are customary on ordinary commercial
importation.
Art. 19. 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 Algiers to enforce his decisions, it shall be immediately granted to him ; and if any disputes shall arise between any citizens of the United States and the citizens or subjects of any other nation having consul or agent in Algiers, such disputes shall be settled by the consuls or agents of the respective nations; and any disputes or suits at law that may take place between any citizens of the United States and the subjects of the Regency .of Algiers, shall be decided by the Dey in person and no other.
Art. 20. If a citizen of the United States should kill, wound, or strike a subject of Algiers, or, on the contrary a subject of Algiers should kill, wound, or strike 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; but the sentence of punishment against an American citizen shall not be greater, or more severe, than it would be against a Turk in the same predicament, and if any delinquent should make his escape, the consul shall not be responsible for him in any manner whatever.
Art. 21. The consul of the United States of America shall not be required to pay any custom or duties whatever on anything he imports for a foreign country for the use of his house and family.
Art. 22. Should any of the citizens of the United States of America die within the limits of the Regency of Algiers, 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 effect 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 his subjects give hindrance in the execution of any will that may appear.
Now therefore be it known, that I James Madison, President of the United States of America, having seen and considered the said Treaty, have by and with the advice and consent of the Senate, accepted, ratified and confirmed the same, and every clause and article thereof.
In testimony wherefore I have
caused the seal of the United States to be hereunto affixed, and (L.
S.) have signed the same with my hand. Done at the City of Washington
this twenty-sixth day of December, A. D. one thousand eight hundred and
fifteen, and of the Independence of the United States the
fortieth.
JAMES MADISON.
By the President, JAMES MONROE, Secretary of State.
0 comments:
Post a Comment