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TREATY OF PEACE AND AMITY CONCLUDED BETWEEN THE UNITED STATES OF AMERICA AND HIS HIGHNESS OMAR BASHAW, DEY OF ALGIERS, JUNE 30 AND JULY 6, 1815.
There shall be, from the conclusion of this treaty, a firm, inviolable, and universal peace and friendship between the President Peace ard friendship. and 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 and on the terms of the most favored 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.
Favors in navigation and commerce.
It is distinctly understood between the contracting parties, that no tribute, either as biennial presents, or under any other form Abolition of tribute. or name whatever, shall ever be required by the Dey and Regency of Algiers from the United States of America, on any pretext whatever.
to be delivered up.
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 the usages of civilized nations, requiring no ransom for the excess of prisoners in their favor.
detention and loss of
A just and full compensation shall be made by the Dey of Algiers to such citizens of the United States as have been captured American citizens for and detained by Algerine cruisers, or who have been forced to property, &c. abandon their property in Algiers, in violation of the twentysecond article of the treaty of peace and amity concluded between the United States and the Dey of Algiers on the fifth of September, one thousand seven hundred and ninety-five.
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
* Statutes at Large, Vol. VIII, p. 224 et seq.
If any goods belonging to any nation with which either of the parties are at war should be loaded on board vessels belonging to Enemies' property. the other party, they shall pass free and unmolested, and no attempts shall be made to take or detain them.
If any citizens or subjects, with their effects, belonging to either party, shall be found on board a prize vessel taken from an Citizens or subjcets enemy by the other party, such citizens or subjects shall be taken on board at liberated immediately, and in no case, or on any other pretense whatever, shall any American citizen be kept in captivity or coufinement, 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.
of visit restricted.
Abuse of right of
Proper passports shall immediately be given to the vessels of both the contracting parties, on condition that the vessels of war Passports to vessels belonging to the Regency of Algiers, on meeting with mer- of each party. Right chant vessels belonging to the citizens of the United Staets 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 or 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 vessels but such as are absolutely the property of citizens or subjects of the said contracting parties, on any pretense whatever.
Vessels provided with passports not to be molested.
A citizen or subject of either of the contracting parties having bought a prize vessel condemned by the other party, or by any other What shall be suffi nation, the certificates of condemnation and bill of sale shall cient passport. 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.
Vessels of either of the contracting parties putting into ports of the other, and having need of provisions or other supplies, shall be furnished at the market price; and if any such vessel
Price of provisions.
should so put in from a disaster at sea, and have occasion to repair, she shall be at liberty to land and reëmbark her cargo without paying any customs or duties whatever; but in no case shall she be compelled to land her cargo.
Vessels obliged to repair.
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 succored until they can be sent to their own country.
Protection of ves
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 sels in the port of shall be protected as much as is possible. If she be in port either party. 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.
Most favored nation clause.
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 jurisdictions to be enjoyed by such Consuls, are declared to be on the same footing, in every respect, with the most favored nations, respectively.
The Consul of the United States of America shall not be responsible for the debts contracted by citizens of his own nation, responsible for debts unless he previously gives written obligations so to do.
Consul of E. S. not
Salutes to vessels of
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 war of United States. her arrival, when she shall receive the salutes which are, by treaty or custom, given to the ships of war of the most favored nations on similar occasions, and which shall be returned gun for gun; and if, after such arrival, so announced, any Christians whatsoever, captives 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 commanders of said ships be required to pay anything for the said Christians.
As the Government of the United States of America has, in itself, no character of enmity against the laws, religion, or tranquillity of any nation, and as the said States have never entered
into any voluntary war or act of hostility except in defense 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.
Consul may travel
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 with the territories on board any vessels they may think proper to visit; they shall likewise have liberty to appoint their own dragoman and broker.
of each party, &c.
Stlement of disputes arising from Violation of this treaty.
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 Consuls 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.
Prisoners of war.
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 continement 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.
Case of war be
If any of the Barbary States, or other powers at war with the United States, shall capture any American vessel and send her into any port of the Regency of Algiers, they shall not be per- tween United States mitted to sell her, but shall be forced to depart the port on third powers. procuring the requisite supplies of provisions; but the vessels of war of the United States, with any prizes they may capture from their enemies, shall have liberty to frequent the ports of Algiers for refreshments 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 importations.
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 Cousul shall require any aid or assistance from the Govern
ttlement of dispetes in general.
ment of Algiers to enforce his decision, 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 a 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.
Case of assault.
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.
The Consul of the United States of America shall not be required to Free entry for Con- pay any customs or duties whatever on anything he imports sul of United States, from a foreign country for the use of his house and family.
Citizens of United States dying within
Should any of the citizens of the United States of America die within the limits of the Regency of Algiers, the Dey and his subThe Regency of Al jects 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 his subjects give hinderance in the execution of any will that may
I certify the foregoing to be a true copy of a treaty of peace negotiated by Commodore Decatur and myself with the Regency of Algiers, and signed by the Dey of that Regency on the 30th June, 1815. On board the United States ship Guerriere, 6th July, 1815. WM. SHALER.
RENEWED TREATY WITH ALGIERS.
TREATY OF PEACE AND AMITY CONCLUDED BETWEEN THE UNITED STATES OF AMERICA AND THE DEY AND REGENCY OF ALGIERS DECEMBER 22 AND 23, 1816, AND RATIFIED FEBRUARY 11, 1822.
The President of the United States and the Dey of Algiers, being desirous to restore and maintain, upon a stable and permanent footing, the relations of peace and good understanding between the two powers,