Also, that since there is friendship with the American ruler, he shall not be obliged to redeem against his will slaves belonging to him, but that this shall be done at the time he likes and that it shall depend on the generosity and the solicitude of the friends and relations of the slaves. Further, that there shall be put no term or time for the redeeming of prisoners, that the amount which shall be found convenient shall be paid in due order, and that there shall be negotiations about the price with the masters of the slaves; nobody shall oblige the masters to sell their slaves at an arbitrary price, whether they be slaves of the State, of others, or of the Pasha; but if the redeemed persons are American subjects, there shall not be asked of them more than of other nations in similar circumstances. Also, that if the Algerian vessels of war capture a ship belonging to a nation with which they are at war, and there are found Americans among the crew of this ship, these shall not be made slaves if they are in possession of a pass,11 nor shall there be done harm to their persons and goods; but if they are not in possession of a pass 11 they shall be slaves and their goods and properties shall be taken. 14 21 Safar, 1210. 14 ARTICLE 13 The statements of the thirteenth article are that if one of the merchants of the American ruler or one of his subjects shall die in Algiers or in one of the dependencies of Algiers, the ruler of Algiers or other persons shall not touch in any way the deceased's money, property, or goods; if he has designated before his death an executor, nobody else shall touch any part of his property or goods, either if the executor mentioned is present in Algiers or if he is not there. Accordingly, the person designated as executor by the deceased shall take the properties and the goods, and nobody else shall touch the slightest part of it; so shall it be. The executor or the person delegated by him as his representative shall make an inventory of his money and property, take possession of it, and forward it in due time to the heir. Further, that if no subject of the American ruler is present, the American Consul shall make an inventory of the said deceased's money and goods and take possession of them and keep them in charge until the arrival of his relations living in their own country. 21 Safar, 1210. ARTICLE 14 The statements of the fourteenth article are that neither in Algiers itself nor in its dependencies shall the American merchants be obliged to purchase goods which they do not desire, but they shall be free to purchase the goods they desire. Also, that the ships visiting the ports of Algiers shall not be molested in this way that goods which they do not wish be put into the ships. Further, that neither the American Consul nor anyone else, in case an American subject is unable to pay his debts, shall be held responsible for those debts and be obliged to pay, unless some persons, according to their free will, are bound for the debtor. 21 Safar, 1210. ARTICLE 15 The statements of the fifteenth article are that if one of the subjects of the American ruler has a suit at law with a Mohammedan or with some one subjected to the rule of Algiers, the said suit at law shall be settled in the presence of His Excellency the Dey and the honored Divan, without intervention of anybody else. If there occurs a suit at law among those people themselves, the American Consul shall decide their disputes. 21 Safar, 1210. ARTICLE 16 The statements of the sixteenth article are that should one of the subjects of the American ruler have a fight with a Mohammedan, so that one wounds the other or kills him, each one shall be punished according to the prescriptions of the law of his own country, that is, according to the custom in all other places. If, however, an American kills a Mohammedan and flies and escapes after the murder, neither the American Consul in Algiers nor other Americans shall be compelled to answer for him. 21 Safar, 1210. ARTICLE 17 The statements of the seventeenth article are that the American Consul, now and in future, without regard to who he is, shall be free to circulate without fear, while nobody shall molest his person or his goods. Also, that he may appoint anyone whom he desires as dragoman or as broker. Also, that whenever he wishes to go on board a ship or to take a walk outside, nobody shall hinder him. Further, that a place shall be designated for the practice of their void religious ceremonies, that a priest whom they need for their religious instruction may dwell there, and that the American slaves present in Algiers, either belonging to the Government or to other people, may go to the house of the Consul and practice their vain religious ceremonies without hindrance from the chief slave guard or from their masters. 21 Safar, 1210. ARTICLE 18 The statements of the eighteenth article are that now there reigns between us peace and friendship, but that if in future there should occur a rupture of our present state of peace and friendship, and there should be caused trouble on both sides, the American Consul, and besides him the subjects of the American ruler either in Algiers or in its dependencies, may not be hindered either in peace or in trouble, and that whenever they wish to leave, nobody shall prevent them from leaving with their goods, properties, belongings, and servants, even if such a person be born in the country of Algiers. 21 Safar, 1210. ARTICLE 19 The statements of the nineteenth article are that a subject of the American ruler, to whatever country he goes or from whatever country he comes, and to whatever kind of people he belongs, shall not be molested in his person, goods, property, belongings, or servants, in case he meets with Algerian vessels, large or small.15 Equally, if an Algerian is found on board a ship belonging to enemies of the American ruler, they shall not be molested in any way in their person, their property, their goods, their money, or their servants, but the properties of these people shall not be regarded with disdain, and they shall always be treated in a friendly manner. 21 Safar, 1210. ARTICLE 20 The statements of the twentieth article are that every time that a naval commander of the American King, our friend, arrives off Algiers, the American Consul shall inform the commander as soon as the vessel is seen; after the said captain has anchored before the port, the commander of Algiers shall, in honor of the American ruler, order a salute of twenty-one guns from the citadel, after which the captain of the American ruler shall answer gun for gun, and, as the said vessel is a vessel of the King, there shall be given provisions according to the custom, in honor of the King. 21 Safar, 1210. ARTICLE 21 The statements of the twenty-first article are that there shall not be asked duty and taxes for goods that are destined for the house of the American Consul, consisting of eatables, drinkables, other necessaries, and presents. 21 Safar, 1210. ARTICLE 22 The statements of the twenty-second article are that if there occurs from this time onward a disturbance of our peaceful relations, from whatever side this happens, this shall not rupture our peace, but the peace shall be maintained and our friendship shall not be disturbed. The person injured, to whatever party he belongs, shall claim justice. If, however, the fault and the guilt are on both sides, or on the side of a subject, and the matter is kept secret, our belief in our friendship shall remain and our word shall remain as good as ever. 21 Safar, 1210. 15 The Turkish text does not mention the condition that these Americans and their goods are on ships belonging to enemies of Algiers, but this, of course, is the meaning. PEACE Treaty signed at Algiers June 30 and July 3, 1815 Senate advice and consent to ratification December 21, 1815 8 Stat. 224; Treaty Series 12 2 TREATY OF PEACE CONCLUDED BETWEEN THE UNITED STATES OF AMERICA There shall be from the Conclusion of this treaty, a firm inviolable and universal peace and friendship between the President 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 upon 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 freely it is granted to such other nation; 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. ARTICLE 2d It is distinctly understood between the Contracting parties, that no tribute either as biennial presents, or under any other form or name whatever, shall ever be required by the Dey and Regency of Algiers from the United States of America on any pretext whatever. ARTICLE 3d 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 the power 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. ARTICLE 4th A just and full compensation shall be made by the Dey of Algiers to such citizens of the United States, as have been Captured, and detained by Algerine Cruizers, or who have been forced to abandon their property in Algiers in violation of the 22a article of the treaty of peace and amity concluded between the United States and the Dey of Algiers on the 5 September 1795.3 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 in 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 dollers. ARTICLE 5th If any goods belonging to any nation with which either of the parties are at war should be loaded on board of vessels belonging to the other party, they shall pass free and unmolested, and no attempt shall be made to take or detain them. ARTICLE 6th If any Citizens or subjects belonging to either party shall be found on board a prize vessel taken from an Ennemy by the other party, such Citizens or subjects shall be liberated immediately, and in no case or on any pretence whatever whatever shall any American Citizen be kept in Captivity or Confinement, or the property of any American Citizen found on board of any vessel belonging to any nation with which Algiers may be at War, be detained from its lawful owners after the exhibition of sufficient proofs of american Citizenship, and American property, by the Consul of the United States residing at Algiers. ARTICLE 7th Proper passports shall immediately be given to the vessels of both the Contracting parties, on condition that the vessels of war belonging to the Regency of Algiers on meeting with Merchant Vessels belonging to Citizens of the United States 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 passports and immediately permit said vessel to proceed on her voyage; and should any of the subjects of Algiers insult or molest the 3 TS 1, ante, p. 32. |