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A TREATY OF PEACE AND AMITY BETWEEN THE DEY OF ALGIERS AND THE UNITED STATES OF AMERICA, CONCLUDED SEPTEMBER 5, 1795.†
[ALL OF THE TREATIES WITH ALGIERS CEASED TO BE OPERATIVE, BY REASON OF THE FRENCH CONQUEST OF THAT COUNTRY.†]
A treaty of peace and amity, 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, seventeen 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.
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.
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 cus tom-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 reembarked 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 custom-house of this Regency.
Vessels not to be
The vessels of both nations shall pass each other without any impediment or molestation; and all goods, moneys, or passengers, of whatsoever nation, that may be on board of the vessels molested. belonging to either party shall be considered as inviolable, and shall be allowed to pass unmolested.
All ships of war belonging to this Regency on meeting with merchant vessels belonging to citizens of the United States, shall be allowed to
* Statutes at Large, Vol. VIII, p. 133 et seq.
+ See Mahony vs. United States, (10 Wallace, 62.)
visit them with two persons only beside the rowers; these two only permitted to go on board said vessel without obtaining express leave from Passports of vessels the commander of said vessel, who shall compare the passand ships of war. port, 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 United States.
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 pretense of making them confess anything desired; neither shall they inflict any corporal punishment, or any way else molest them.
Stranded vessels of United States.
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 reëmbarked on board of any other vessel without paying any duties at the customhouse.
The Algerines are not, on any pretense whatever, to give or sell any vessel of war to any nation at war with the United States of North America, or any vessel capable of cruising to the detriment of the commerce of the United States.
Sale of ressels of war.
Passports for ves
Any citizen of the United States of North America, having bought any prize condemned by the Algerines, shall not be again capured 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.
Sale of prizes.
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.
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
United States prizes.
of them without paying any duties on sale thereof. All vessels wanting provisions or refreshments shall be permitted to buy them at market price.
Treatment of ships
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. of war of 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.
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.
Passports of citizens.
Estates of citizens
ing in the Regency.
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 of United States dyit 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 hinderance in the execution of any will that may appear.
No citizen of United
ed to purchase goods or pay debts another.
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 states to be compellConsul 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.
Any disputes or suits at law that may take place between the subjects of the Regency and the citizens of the United States of Disputes. 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.
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.
Privilege 9 of the
The Consul of the United States of North America shall have every personal security given him and his household. He shall Consul of the United 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 dragoman and broker.
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.
Case of war.
Citizens of either
Should the cruisers of Algiers capture any vessel having citizens of the United States of North America on board, they havThe other to be set ing 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.
Salutes to vessels of war.
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.
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.
Free entry for Consul
Should any disturbance take place between the citizens of the United States and the subjects of this Regency, or break any article War not to be deof this treaty, war shall not be declared immediately, but cred in everything shall be searched into regularly. The party injured shall be made reparation.
breach of treaty.
On the 21st of the Luna of Safer, 1210, corresponding with the 5th September, 1795, Joseph Donaldson, jun., on the part of the Sum to be paid to United States of North America, agreed with Hassan the Dey. 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.
VIZIR HASSAN BASHAW.
[Seal of Algiers stamped at the foot of the original treaty in Arabic.]
To all to whom these presents shall come or be made known: Whereas the underwritten, 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 negotiating 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, jun., 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, jun., 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.