A TREATY OF PEACE AND
AMITY (5th September 1795)
Between the Dey of
Algiers and the United States of America.
There have been three peace and amity treaties between the United States and Algiers: The Treaty of September 5, 1795, the Treaty of June 30, 1815 and the renewed Treaty of 22nd December, 1816.
[ From a GPO authenticated US Government document ]:
A TREATY OF PEACE AND AMITY, 1795
Sept. 5, 1795:
Concluded this present day I—ima artasi, the twenty-first of
the Luna safer, year of the Hegira 1210, corresponding with Saturday the fifth
of September, one thousand seven hundred and ninety-five, between Hassan
Bashaw, Dey of Algiers, his Divan and Subjects, and George Washington,
President of the United States of North-America, and the Citizens of the said
United States.
Peace established:
ARTICLE I
From the date of the present
treaty, there shall subsist a firm and sincere peace and amity between the
President and citizens of the United States of North-America, and Hassan
Bashaw, Dey of Algiers, his Divan and subjects; the vessels and subjects of both
nations reciprocally treating each other with civility, honor and respect.
Commercial intercourse
regulated:
ARTICLE II
All vessels belonging to the
citizens of the United States of North-America, shall be permitted to enter the
different ports of the Regency, to trade with our subjects, or any other
persons residing within our jurisdiction, on paying the usual duties at our
custom-house that is paid by all nations at peace with this Regency; observing
that all goods disembarked and not sold here shall be permitted to be
reimbarked without paying any duty whatever, either for disembarking or
embarking. All naval and military stores, such as gunpowder, lead, iron, plank,
sulphur, timber for building, tar, pitch, rosin, turpentine, and any other
goods denominated naval and military stores, shall be permitted to be sold in
this Regency, without paying any duties whatever at the customhouse of this
Regency.
Vessels of each nation
to pass unmolested:
ARTICLE III
The vessels of both nations shall
pass each other without any impediment or molestation; and all goods, monies or
passengers, of whatsoever nation, that may be on board of the vessels belonging
to either party, shall be considered as inviolable, and shall be allowed to
pass unmolested.
How passports of
vessels and ships of war shall be examined, and to whom to be granted:
ARTICLE IV
All ships of war belonging to
this Regency, on meeting with merchant-vessels belonging to citizens of the
United States, shall be allowed to visit them with two persons only beside the
rowers; these two only permitted to go on board said vessel, without obtaining
express leave from the commander of said vessel, who shall compare the
passport, and immediately permit said vessel to proceed on her voyage
unmolested. All ships of war belonging to the United States of North America,
on meeting with an Algerine cruiser, and shall have seen her passport and
certificate from the Consul of the United States of North America, resident in
this Regency, shall be permitted to proceed on her cruise unmolested: no
passport to be issued to any ships but such as are absolutely the property of
citizens of the United States: and eighteen months shall be the term allowed
for furnishing the ships of the United States with passports.
No Algerine cruiser may
take any person out of a vessel of the U. S:
ARTICLE V
No commander of any cruiser
belonging to this regency, shall be allowed to take any person, of whatever
nation or denomination, out of any vessel belonging to the United States of
North-America, in order to examine them, or under pretence of making them
confess anything desired; neither shall they inflict any corporal punishment,
or any way else molest them.
Vessels of U. S
stranded to be relieved:
ARTICLE VI
If any vessel belonging to the United States
of North-America, shall be stranded on the coast of this Regency, they shall
receive every possible assistance from the subjects of this Regency : all goods
saved from the wreck shall be permitted to be reimbarked on board of any other
vessel, without paying any duties at the custom house.
Algerines not to sell
vessels of war to the enemies of U. States:
ARTICLE VII
The Algerines are not, on any pretence
whatever, to give or sell any vessel of war to any nation at war with the
United States of NorthAmerica, or any vessel capable of cruising to the
detriment of the commerce of the United States.
When passport is not
necessary:
ARTICLE VIII
Any citizen of the United States
of North-America, having bought any prize condemned by the Algerines, shall not
be again captured by the cruisers of the regency then at sea, although they
have not a passport ; a certificate from the consul resident being deemed
sufficient, until such time they can procure such passport.
Other Barbary states
not to be allowed to sell prizes in Algiers:
ARTICLE IX
If any of the Barbary States at war with the
United States of North-America, shall capture any American vessel and bring her
into any of the ports of this Regency, they shall not be permitted to sell her,
but shall depart the port on procuring the requisite supplies of provision.
U.S. may send prizes
into the ports of the Regency:
ARTICLE X
Any vessel belonging to the United States of
North-America, when at war with any other nation, shall be permitted to send
their prizes into the ports of the Regency, have leave to dispose of them,
without paying any duties on sale thereof. All vessels wanting provisions or
refreshments, shall be permitted to buy them at market price.
How ships of war of U.
S. shall be treated in the ports of the Regency:
ARTICLE XI
All ships of war belonging to the United
States of North-America, on anchoring in the ports of the Regency, shall
receive the usual presents of provisions and refreshments, gratis. Should any
of the slaves of this regency make their escape on board said vessels, they
shall be immediately returned: No excuse shall be made that they have hid
themselves amongst the people and cannot be found or any other equivocation.
How slaves shall be
redeemed, and when captured persons shall be lawful prize:
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.
How the estate of
citizens of U.S. dying in the Regency shall be settled:
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.
No citizen of U. S. to
be compelled to purchase goods or pay debts of another:
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.
How disputes shall be
settled:
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 North-America, 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.
How crimes shall be
punished:
ARTICLE XVI
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 same 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.
Privileges of the
consul of the U. S:
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 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.
In case of war,
citizens of U. S. may embark, unmolested:
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.
Citizens of either
nation captured by the other to be set at liberty:
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.
Vessels of war to be
saluted:
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.
Consul not to pay duty:
ARTICLE XXI
The Consul of the United States
of North-America shall not be required to pay duty for anything he brings from
a foreign country for the use of his house and family.
War not to be declared
in case of breach of treaty. Sum to be
paid to the Dey:
ARTICLE XXII
Should any disturbance take place
between the citizens of the United States and the subjects of this Regency, or
break any article of this treaty, war shall not be declared immediately; but everything
shall be searched into regularly: the party injured shall be made reparation.
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. |
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.)
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