CONTEXT
The Treaty of 1786 came after Spain suffered humiliating
military defeats following a series of attempts at invading Algiers. In 1783, an expedition led by Rear
Admiral Antonio Barceló withdrew after suffering heavy casualties while their
continuous bombardment of the city for eight days failed to inflict any damage. In 1784, the same Antonio Barceló commanded a
joint Spanish-Neapolitan-Maltese-Portuguese fleet that began the attack of the
city on 12th July for a week but suffered the same fate. The 1775 expedition, a joint Spanish-Tuscan
venture, was ordered by King Charles III himself and commanded by Alexander
O'Reilly. The goal was to occupy
Algiers. The expedition ended in
disaster as this combined Spanish-Tuscan force lost more than 5000 men
including several generals and incurred heavy material losses.
Seeing no military solution to
the conflict, King Charles III appointed his Secretary of State, the Count of
Floridablanca, to negotiate a Treaty of peace and friendship with Algiers.
TREATY and CLAUSES:
Below is the Royal Order of August 27 1786 issued by King Charles (Carlos) III enforcing the Treaty of Peace and Friendship signed with the Deylik and nation of Algeria (see ARTICLE XIX).
Royal Decree
BY S. M.
To the Members of the
Council,
WHEREBY IT IS ORDERED that the Treaty of Peace and
Friendship concluded between this Monarchy and the Dey and Regency of Algiers
be upheld, fulfilled, and observed, and that any cases arising be handled in
accordance with its literal text—which is herein inserted—with violators being
rigorously punished as specified.
YEAR 1786
IN MADRID
And reprinted in Gerona by JOSEPH BRO, Printer.
Don Carlos, by the
grace of God, King
of Castile, of Leon, of Aragon, of the Two Sicilies, of Jerusalem, of Navarre,
of Granada, of Toledo, of Valencia, of Galicia, of Majorca, of Menorca, of
Seville, of Sardinia, of Cordoba, of Corsica, of Murcia, of Jaén, of the
Algarve, of Algeciras, of Gibraltar, of the Canary Islands, of the East and West
Indies, Islands and Mainland of the Ocean Sea, Archduke of Austria, Duke of
Burgundy, of Brabant, and of Milan, Count of Habsburg, of Flanders, Tyrol and
Barcelona, Lord of Biscay and of Molina, etc. To the members of my Council,
President and Judges of my Audiences and Chancelleries, Mayors, Constables of
my Household and Court, and to all the Magistrates, Assistant, Governors, Chief
and Ordinary Mayors, and any other Judges, Justices and persons of these of my
Kingdoms, under Royal, Seigniorial, or Ecclesiastical jurisdiction or that of
the Military Orders, both present and future — BE IT KNOWN THAT : having
overcome many serious and repeated difficulties that have hindered, and
especially in these last years, the various measures I employed to secure for
my beloved vassals a peace both honourable and beneficial with the Regency of
Algiers, I have had the satisfaction of having signed that Decree, with the Dey
of Algiers, on the fourteenth of June of this year with the unanimous consent
of the entire Divan, and the customary solemnities, a peace treaty with this
Crown on the terms that had been agreed upon, and which — by my order — the
Count of Floridablanca, my First Secretary of State, had drawn up and signed on
the twenty-fifth of the preceding April; which I accepted and approved on the
twenty-seventh of the following August, and of which I sent copies to my
Council with a Royal Decree dated the twenty-second of this month, so that it
might order the issuance of the corresponding Royal Warrant for the instruction
of my subjects and for the observance of the stipulations made with the Regency
of Algiers, the text of which treaty is as follows:
Don Carlos, by the grace of God, King of Castile, of León, of
Aragon, of the Two Sicilies, of Jerusalem, of Navarre, of Granada, of Toledo,
of Valencia, of Galicia, of Majorca, of Seville, of Sardinia, of Córdoba, of
Corsica, of Murcia, of Jaén, of the Algarves, of Algeciras, of Gibraltar, of
the Canary Islands, of the East and West Indies, Islands and Mainland of the
Ocean Sea, Archduke of Austria, Duke of Burgundy, of Brabant and of Milan,
Count of Habsburg, of Flanders, of Tyrol, and of Barcelona, Lord of Biscay
and of Molina, etc. Having seen and
examined the peace treaty with my Crown, signed by the Dey of Algiers on his
own behalf and in the name of the entire Regency in the presence of the
individuals who compose it, the content of which is as follows:
Praise be to God Almighty.
On the 17th day of the month of Sha'ban in the year 1200 of
the Hegira, a perpetual peace and friendship was concluded between Spain and
Algiers; and in consequence, this treaty of harmony and goodwill was drawn up
to the satisfaction of the Almighty—on the one part, by the Most Serene and
Most Powerful Prince Don Charles III, by the grace of God King of Spain and the
Indies, etc.; and on the other, by the Magnificent Mahamet Pasha Dey, Divan,
and Military of the City and Kingdom of Algiers.
ARTICLE ONE
There shall be perpetual peace between the most powerful King
of Spain and the magnificent Dey, Divan, and Military of the City and Kingdom
of Algiers, and between the subjects of both states; they may engage in
reciprocal trade within the two kingdoms and navigate in complete safety,
without either party causing hindrance or molestation to the other under any
pretext whatsoever.
ARTICLE II
Corsairs belonging to the Regency of Algiers or to private
individuals there who encounter Spanish merchant vessels at sea must not only
allow them to sail freely without hindrance but also provide them with any
necessary aid and assistance; it is stipulated that, should they wish to board
and inspect them, they must send—in addition to the rowers—only two prudent
individuals in their boats, and these shall be the only ones to board the
vessel for the inspection. Spanish warships shall reciprocate this conduct
toward Corsairs belonging to the Regency or to private Algerians; the latter
must obtain a passport from the Spanish Consul in Algiers so that their status
is not mistaken.
ARTICLE III
Algerian vessels shall be admitted to all Spanish ports and
roadsteads whenever they are compelled to enter them due to storms, the need
for repairs, or pursuit by enemies; they shall be provided with assistance and
other necessary supplies, paying for them at current market prices. Apart from
these circumstances, they shall be admitted for trade or the purchase of
provisions only at Alicante, Barcelona, and Málaga; they shall remain in
these ports only for the time strictly necessary and shall not blockade them so
as to disrupt the trade of other nations. Spanish vessels shall act likewise in
the ports of Algiers, where they shall be admitted and assisted in the same
manner.
ARTICLE IV
Should any Spanish merchant vessel in the roadstead of
Algiers or in another port of this Kingdom be attacked by enemies of Spain
within range of the fortresses' cannons, the latter shall defend and protect
it; their commander shall compel said enemies to allow sufficient time for the
Spanish vessel to depart and move away from said ports and roadsteads — a
period which shall be no less than twenty-four hours — during which time the
enemy ships shall be restrained from pursuing the Spanish vessel. The same
procedure shall be followed by the King of Spain regarding Algerian vessels,
with the provision that they may not capture their enemies within cannon range
of the Spanish coast if the latter are under sail, nor within sight of the
coast if they are at anchor, as an anchored vessel is to be considered under
the protection of the shore.
ARTICLE V
Enemies of Algiers traveling on Spanish vessels, and
Spaniards traveling on vessels belonging to enemies of Algiers, may not be
enslaved under any pretext, even if the vessels offered armed resistance. The
same rule shall be observed by Spain regarding its enemies traveling on
Algerian vessels, or regarding Algerians traveling on vessels belonging to
enemies of Spain. Passengers must prove their status by means of passports
issued by their consuls at the ports of departure, specifying their luggage and
other personal effects.
ARTICLE VI
Should any Spanish vessel be driven onto the coasts under the
jurisdiction of Algiers—whether pursued by enemies or forced ashore by bad
weather—it shall be provided with whatever is necessary for repairs and the
reloading of its cargo, upon payment for the labor and other services rendered;
no duty or tax may be demanded on merchandise landed ashore unless it has been,
or is subsequently, sold within the port of said Kingdom.
ARTICLE VII
All Spanish merchants in the ports and coastal areas of the
Kingdom of Algiers may land their merchandise, and buy and sell freely, without
paying more than the inhabitants themselves are accustomed to paying; and the
same shall be permitted to Algerians in the Spanish-ruled towns specified in
Article III.
And should the said merchants land their merchandise solely
for storage, they may re-embark it without paying any duty. Algerians in Spain
and Spaniards in Algiers shall pay the same customs duties as the French pay in
both States, conforming in all respects to the practice applicable to that
nation.
ARTICLE VIII
The Algerians shall not provide any aid or protection against
the Spanish to vessels of any nation at war with Spain—even if they are
Muslim—nor to those armed with commissions from such enemy nations; nor may
they arm themselves with commissions from such nations to engage in
privateering against the Spanish; Spain shall observe the same conduct
regarding the Algerians.
ARTICLE IX
Spaniards shall not be forced, for any reason or under any
pretext, to embark against their will on vessels in the ports and roadsteads of
Algiers, nor to make voyages to places to which they do not wish to go.
ARTICLE X
A Spanish Consul shall reside in Algiers, enjoying the same
prerogatives as the French Consul, to handle all matters concerning Spaniards
just as the French Consul does for French citizens; and he shall have full
jurisdiction over disputes between Spaniards, without the judges of the city of
Algiers having the authority to hear such cases.
ARTICLE XI
All Spaniards shall be free to practice the Christian
religion within the Kingdom of Algiers, whether at the Royal Spanish Hospital
of the Shod Trinitarian Redeemers in the city of Algiers or at the residences
of the Consuls or Vice-Consuls whom it may hereafter be deemed expedient to
appoint in other locations.
ARTICLE XII
The Consul shall be permitted to choose his own dragoman and
broker, and to go freely on board Spanish vessels in the roadstead whenever he
deems it appropriate. He shall fly the Spanish flag on his boat and may
likewise hoist it at his residence.
ARTICLE XIII
Should any dispute or disagreement arise between a Spaniard
and a Turk or Moor, it shall not be adjudicated by the ordinary judges of the
city, but solely by the Council of the magnificent Pasha—comprising the Divan
and the Military of the city and Kingdom of Algiers—in the presence of the
Consul, or else by the commander at the ports outside Algiers where the dispute
or disagreement occurred, settling the matter according to justice and endeavouring
to reconcile the parties.
ARTICLE XIV
The Spanish Consul shall not be held liable for the debts of
Spanish merchants or other Spanish individuals, unless he has bound himself to
do so in writing; and the assets of Spaniards who die in the Kingdom of Algiers
shall be placed at the disposal of the Spanish Consul, to be held for the
Spaniards or other persons to whom they belong; and the same procedure shall be
observed in Spain for the benefit of Algerians wishing to settle there.
ARTICLE XV
The Spanish Consul in Algiers shall enjoy exemption from all
duties regarding provisions and any other goods necessary for his household.
ARTICLE XVI
If any Spaniard wounds a Turk or a Moor, he may not be
punished without his Consul being summoned to defend the Spaniard's cause; and
should an accused Spanish person escape, the Consul shall not be held
responsible for the flight.
ARTICLE XVII
If any privateer from Spain or Algiers causes damage to a
vessel from Algiers or Spain, respectively, encountered at sea, he shall be
punished, and the shipowners shall be held liable for making reparations for
the damages.
ARTICLE XVIII
If any Spanish vessel, due to adverse weather, lack of water,
or other necessity, anchors in ports under the dominion of Algiers without
loading or unloading merchandise, the commanders of said ports shall not demand
or claim anchorage dues or any other fee from the Spanish vessel.
ARTICLE XIX
The magnificent Dey of Algiers may, whenever he sees fit,
appoint a person of standing to proceed to a Spanish port as an agent of the
Algerian nation.
ARTICLE XX
The stronghold of Oran and its fortifications, along with the
stronghold of Mazalquivir, shall remain as they were before, without land
communication with the Moorish territories; the Dey of Algiers shall never
attack them, and the Bey of Mascara cannot do so without his orders. However,
since the latter governs that province autonomously, the magnificent Dey of
Algiers will approve any agreement reached between Spain and the aforementioned
Bey of Mascara—whom he has instructed to keep watch and prevent any harassment
of the Spanish strongholds and fortifications. Furthermore, should any rebellious,
roving, and unruly Moors commit an act of aggression, the established harmony
shall in no way be disrupted; yet Christians will not be safe beyond the range
of cannon fire.
ARTICLE XXI
Should any violation of the present Treaty occur, no act of
hostility shall be committed on that account, except after a formal denial of
justice.
ARTICLE XXII
Spanish vessels shall not proceed to load or unload at ports
outside Algiers within this Kingdom without the express permission of the
Government, as is the practice with all nations.
ARTICLE XXIII
In the event of any rupture (God forbid), the Consul and all
other Spaniards present in the Kingdom of Algiers, and all Algerians present in
Spain, shall have three months to leave with all their belongings, without
being subjected to any molestation whatsoever, either before their departure or
during the course of their journey.
ARTICLE XXIV
Neither Algerian vessels in Spanish ports nor Spanish
warships in Algerian ports may receive slaves or convicts seeking refuge on
board; instead, they must surrender them, on the condition that they are not
punished for their escape.
ARTICLE XXV
Out of regard for the Catholic King, the Algerians shall
respect not only the Spanish coasts but also the Papal territories. For the
same reason, the Dey shall gladly receive any persons traveling to Algiers
under the flag and protection of the Catholic King, just as His Catholic
Majesty shall receive those traveling to Spain under the flag and protection of
the Dey of Algiers; furthermore, the Dey shall be ready to enter into
negotiations with those Powers recommended to him by His Majesty that are at
peace with the Ottoman Porte — an example the Dey shall always follow.
In the name of God Almighty.
This Treaty of Perpetual Peace has been concluded this day
between Spain and the Regency of Algiers, with the desire that it meet the
approval and acceptance of the Most Powerful King Don Charles III (may God
preserve and prosper him), just as it does that of the Magnificent Dey Mahamet
Basha (may God preserve and prosper him), with the general consent of the
Divan, the Mufti, the two Cadis, the learned men, the notables, and the Supreme
Aga; three originals are to be signed and sealed in the Spanish and Turkish
languages by both parties—one for His Catholic Majesty, another for the
Magnificent Basha Dey, the Divan, and the Military of Algiers, and a third to
remain in the custody of the Consul residing in this city. Published and issued
at our Palace on the 17th day of the moon of Sha'ban, year 1200, and—according
to the era of those who follow the Law of Jesus—on June 14, 1786. Mahamet Basha
:::
I have come to accept and approve the said Treaty exactly as
it has just been set forth; and by virtue of these presents, I accept and
approve it in the best and fullest manner possible, promising on my royal word
and honor to fulfill and observe it—and to cause it to be fully fulfilled and
observed—and for its greater validity and firmness, I have ordered this
document to be issued, signed by my hand, sealed with my privy seal, and
countersigned by the undersigned, my Councilor of State and First Secretary of
State and of the Cabinet. At San Ildefonso, on the twenty-seventh of August,
one thousand seven hundred and eighty-six. :::: I THE KING ::: Josef Moniño :::
The aforementioned Royal Decree having been published in my
Council, it was ordered to be observed and fulfilled; and for the strict
observance of the said Treaty, [I have decided] to issue this my Royal Order.
By which I command each and every one of you, in your respective districts,
localities, and jurisdictions, to examine the peace Treaty inserted herein,
concluded between my Crown and the Regency of Algiers; and to observe, fulfil,
and execute it inviolably, and to ensure it is observed, fulfilled, and
executed in every respect, as set forth in its Articles, without contravening
it or permitting it to be contravened in any way; rather, in any instances that
may arise, you shall proceed with full severity to punish those who violate it.
For such is my will, and [I order] that the printed copy of this my Royal
Order, signed by Don Pedro Escolano de Arrieta, my Secretary and Notary of my
Chamber and of the Government of my Council, shall be accorded the same faith
and credence as the original. Given at San Ildefonso on the twenty-ninth of
September, one thousand seven hundred and eighty-six = I THE KING = I, Don
Manuel de Aizpun y Redin, Secretary to the King our Lord, had this written by
his command ::: The
Count of Campomanes :::
Don Andres Cornejo :::
Don Gregorio Portero :::
Don Manuel de Villafañe ::: Don Miguel de Mendinueta :::: Registered ::: Don Nicolas Verdugo :::: Lieutenant
to the Grand Chancellor ::: Don Nicolas Verdugo.
This is a true copy of the original,
which I certify.
Don Pedro
Escolano
de Arrieta,
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