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VOL. it
~ V f J-tL'ISHED WEEKLY, r .- • _ ‘*. > i
’ ‘’ ; <'■’■*’ irJ>. ‘*f ■ •’’ •’’ - *
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TREATY \VITM Al.Gii ,/
JAMES MADISON,
IP. K 91D EN T ,<;F TU K UT.ITEQ SHAIES
. ‘..V .f OF AMFIIIUA. *y ‘
. To h// umf singular to whom these Presents
shall ‘&njjb\ greeting :
W.AEft.ivAJ? a ‘Treaty of Peace and
amity between the United States „ ojf A
meriea and Min. Highness Omar Eas haw,
; Dey of Algiers, was concluded at Al
gkis, on the thirteenth day of June
lust, by Stephen Decatur and William
Shafer, citizens of the United States, oiv
ihe pjs’t of the States and the
said Otnier Bashaw, Dey of Algiers
and wa- duly signed and sealed bv the
*:ud parties, which t reaty is.,- in the
Words following, to wit:
TSEATVof PEACE end AMITV conclu
ded between the United States of Amer •■
sea and His Highness Oms r tiaslurm,
Dry of Algiers*
j ’ ( At tide tne first. iYV.
There shall be, from the conclusion
cf this Treaty, a mm, invi date, and
universal peace and friendship between
the President and the ‘Citizens of the
•United .Sta.es of AT&ericJwr-tm- 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 ©f the most favoji
ed s n-atiorrs: and if either party shall
hereafter grant to other nation any pat£
ticnlar faVor or privilege in navigation
or commerce, in shall immediately be-
coi^mph'to the other party, free
ly whfen it is freely granted to such na
tions ; but when the grant is conditional,
ir shall be at the optional* the contiyicV
■ting parties to accept* often or reject
%uch condition, in such manner as shall
be most*,conducive to. their respective
interests..., 1., X;
Article the .■ b ;•, .
r A It is distinctly understood between
the contracting parties, that no tribute
either as bien«al presents or under any
other form or name whatever, shall ever
Be required oy the Dey and Regency
of Algiers from the United states of
America on any pretext whatever.
’ Article the'third.
The Dey of Algiers shall cause to be
delivered Up to the American squadron
now oft’ Algiers, ail the American citi
zens, now in ijps possession, amounting
to. ten, move or less ; 8£ all the subjects
* the 1> yof Algiers, now in the pos
session of the Uttited States, amounting
VVdTve.inHKh'td more or less,shall beds
ide red up to him, the United States,
i ccoiding to the usage gs civilized na
■ >ns, requiring no ransom for the ex
cess of prisoners in their favor.
ARTICLE THE FOURTF.
.A just and full compensation shall be
made by the Dey of Algiers to such
citizens of the Ignited- States, as have
been captpr&j and detained by Alge
rine cruisers, or who been forced
to abandon their property jn Algiers \n
violation'of the twenty-second article
of the treaty of peace and amity con
cludpd -between jthe United States and
the Dey of Algiers, cn the sth of Sep
ts nib t r 1, 05.
And»«t is agreed between the.contrac
tlpg part ies, that in lieu of the above the
Dey of Algie«vsv shall cause to be<” deli
vered-'forth \ykh into the bands, of the
American Consul, residing at Algiers
the whole cf a quantity of Bales of (lot
ion, left by the late comul general of
the United States in the public magr
it- A’gircr, and thst be shall pay
ATHENS, THURSDAY, FEBRUARY I, 1816
into the hands of the said consul, the
sum often thousand Spanish dollars.
’ ARTIC/lIC TliK FIFTH.
If any goods belonging to any nation ,
v/ith which either of the parties are at
war, should be loaded on board .vessels
belonging to the other party, they shall
pass free anctfkinmolested, and no at
tempts shall be made to take or detain
them.
- , v ARTICLE she SIXTH.
‘•'jj If any citizens or subjects with their
effects belonging to either party shall be
found on boa id a prize vessel taken from
an enemy by the other party, such cit
izens or -subjects shall die liberated
immediately, and in no case, on any
other pretence whatever shall any A
* merican‘citizen he kept in captivity or
‘Confincm only or -the property of any
American citizen found on board of any
vessel belonging to any other nation,
jvvith whhh Algiers may be at war, be
dttaiiied from its lawful owners after
the exhibition cf sufficient proofs of A
fnerican citizenship and of American
property by the consul of (he United
States, residing t Algiers.
:">< AU'i 1C LV- THfc SEV l> N TH., * ‘ • $
r. -> JPropet passports shall immudi ately
i be given to-the vessels of both the con
. trading parlies, on condition that the
r vessels‘of war belonging to the regency
} of a 1 giers. on tn e cling wit a me,! eh an t
vessels belonging to the citizens of th x e
United States of America, shall not be
permiUed to visit them with more
thsn two persons besides the rowers :
| thole only shall be, permitted to go on
| board without first obtaining leave from
j the commander of said vesvel, w'o
I shall compare the passports,'and imme
| diatcly permit said vessel to proceed on
j her voyage ; and should any of the
! ? subjects of Algiers insult or molest the
! commander or any other pe son on
e board a vessel so visited? or plunder any
of the property contained in hdr, on
j complaint being made by the c onsul of
i the United States residing at Algiers,
and on his producing rolfi-ient proof to
substantiato the fact, the commander dr
cr oi said yilgerino ship or vessel
of war, as well as the offender’- shall be
punished in t v most exeniplaiy man
her.
All vessels of vvtii belonging to the
United States , Ant erica,” on meeting
a cruiser belonging $* ”the;fegency cn
Algiers? on having seen her passports
and certificates from the consul of ti e
United States, residing at Algiers, shall
permit her to proceed on her cruise ua
; iiiolested, and without detention. No
passports shall be granted by* either
party to any vessel, but such as are
absolutely the property of citizens or
subjects of the said contafctihg parties
\ on any pretence whatever. . v‘
article The eighth. ,
A citizen or subject of either of the
contracting parties, having bought a
prize Vessel condemned by the other
party, or by any op.vcr nation, the cer
tificates of condemnation and bill oi
sale shall be a sufficient passport for
such vesael for six months, which con
sidering *the distance between the two
countries) is no more than a reasonable
time for her to procure proper .pass*
; P orts - ‘
: ■ article the ninth. ■ f
j Vessels of either of the contracting
parties, putting into the ports of the
other, and having need of provisions or
, othdr supplies, shall be furnished at the
J market price ; if and any such •;■ vessel
‘ should so put in from a distance at ‘sea-.-
r 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.
- ; V ARTICLE THE TENTH. ‘
Should a vessel of either of the con
tracting parties be cast on shore within
the. territories ot the other, all proper 4
assistance shall he given to her crew ;
gno pillage shall be allowed. The pro
perly shall remain at the disposal of
the owners ; and if re-shipped on board
j of any vessel for exportation, no cus
toms cr'xluties whatever shall be requir
ed to be paid thereon, aid U e crew
shall be protected and succoured uiit.i
they can be sent to their own count! y
A R TICL F ‘7lf fi ELE YE NTII.
If ave .sdcf either of the conlracung
parties shall be attacked an enemy
within cannon shot of the forts of the
other, she shall be protected as much as
is 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 arid, when she proceeds to sea,
no enemy shall be permitted to pursue
her from the same port, within twenty
lour hours after her departure*
’ jtsriCLS THE TWELFTH.
, The commerce between the United
States of America and the‘regency of
‘ Algiers the protections to be given to
the merchants, masters ‘of vessels, and
seamen, the reciprocal rights of estab
lishing consuls in each country, and the
privileges immunities and juusdiction
to be enjoyed by such, consuls, are de
clared to be cxn the same tooting in eve
ry respect with the most favored nati
ons respectively.
Article th* ‘lliiriccnth
‘The consul of the United States of
America shall not be responsible for the
debts contracted by citizens of his owi
nation, unless he previously gives writ
ten-obligations so to do.
Article the Fourteenth.
On a vessel or vessels of war, belong-,
ing to the United States, anchoring be
fore the city of Algiers, the Consul is to
i! form the Dey of 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. winch shall be re
turned gun for gun ; and if after such
arrival so 4nndunced, any Christians
whatsoever, captives in Algiers, make
their escape and take refuge on board
a’.y df the ships of war, they shall not
be required back again, nor shall the
, consul of the United States, or comman
'der of said ships, he required to pay any
thing for the said Unristians
jf -Article the Fijtccnllu
As the government of the United
States of America has in itself no char
acter of enmity against'; the laws, reli
gion, or tranquility of any nation, and
as the said states have never entered
into any voluntary war or act of hostili
ty, except m defence of their just rights
on the high seas, it is declared by the
contracting parties, that no pretext ar
ising from re%gious opinions shall ever
produce an interruption ot the harmony
existing between the two nations ; and
the consuls and agents oi both nations
‘shall have liberty to celebrate the rights
of their respective religions in their own
houses. ‘ . .
The consuls respectively shall have
’ liberty and personal security given theta,
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 liber
ty of appointing their own drogoman
and oroker.
Article the Sixteenth.
In cane of any dispute an ising from
the violation of any pf the articles of
this treaty, no appeal shall be made to
armsj nor shall war be declared on any
pretext whatever ; but if the consul re
siding at the place where Che dispute
shall happen, shall nojt be able to settle
the same the government of that coun-v
try shall state their grievance in writ
ing, and transmit the same to the go
vernment of the other, and the period
of three months ahall be allowed for
ansvvers to be returned, during which
time no act of hostility shall be permit
ted by either party ; and in case the
grievances are not redressed, and a war
should be the event, the consuls and
citizens and snbjecls.of both parties res
pectively shall be permitted to embark
with their effects unmolested, on board
of what vessel or vessels they shall
think proper, reasonable time being al
lowed lor that purpose.
Article the Seventeenth^
If in the course of events, a war
should break cut between the two nati
ons, the prisoners captured by either
party shall not be made staves they
shall not he forced to hard labor or o
ther confinement than such as may be
necessary to secure their sate 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 effec
ted by any private .individual legally au
thorized by either of the parties.
Article ttie Eighteenth.
I‘ an f the barbary States or othe r
powers at war with the United* Slates,
shall capture any American Vessel and
send into any port of the Regency of
Algiers they shall not be permitced to
sell her, but shall be forced to depart
the port, on procuring the requisite
supplies of provisions ,• but the vessels
of war of the United States, which any
prizes they may capture from their ene*
rnies shall have liberty to frequent the
ports of Algiers for refreshment of any
kinds, and to sell such prizes, ifi the
said ports, without any other customs,
or duties than such as are customary on
ordinary commercial importations.
Article the Nineteenth.
If any of the citizens of the United
States, or any persons under their pro
tection, shall have any disputes with
each other* the consul decide between
tiu 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 sub
jects ot any other nation having a consul
in Algiers, such disputes *hall be settled
by the consuls or agents of the respect
ive nations ; and any disputes or suits
at law that may take place between any
citizen ot the United States and the
subjects ot the regency of Algiers, shall
be decided by the Dey in person, and
no other. >
’ , - . . f! ‘ I
Article the twemtvzth.
If a citizen of the U States should
kill, wound, or strike a subjett bf Al
giers or, on the contrary, a subject of
of Algiers should kill, wound, or strike
a citizen of the U. States, the law of the
country shall take place, and equal jus
tice shall be rendered, the consul a ,si a*
ing at the trial ; but -the sentence of pu
nishment against an citizen
. shall not be greater, or rnoi’fe; severe
*dian it would be against a Turk in the
same predicament, and if any delinquent,
should make his escape, the consul
snail not be responsible for him in any
manna 1 whatever.
ARTICLE THE TWENTIf*FiRST•
The consul of the U. States of Amer
ica shall not be required to pay any
customs or duties whatever on any
thing he impotts fiv m a foreign country
tor the use of his house and family.
ARTICLE THE TWENTY.s|coNO.
Should any of the citizens of the U.’
States of America die withipr the limits
of the Urgency df Algiers, ithe Dey and
his subjects shall not interfere with the
property of the deceasedvhut it shall be
under the immediate direction of t!ie
consul, unless otherwise disposed of by
will—Should there b& no consul, the
effects shall be deposited in the hand ot
some person worthy of trust until the
parly 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 hm
derance 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 con-,
sidered 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 whereof, t have caused
the seal of the United States to be
hereunto affixed, and have signed
the same with my hand.
l. s. 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 M/4DISON.
By the President:
J.4MES MONROE,
Secretary of State*
NO. Cl