1797

Prize veffels purcha fed al Tunis

how to

1

of the Tunifian veffels; they fhall be restored; but if any flaye fhall take refuge in any American merchant veffel, and it fhall be proved that the veffel has departed with the faid flave, then he fhall be returned, or his ranfom fhall be paid.

ART. VII.

An American citizen having purchafed a prize veffel from our Odgiak, may fail with our passport, which we will deliver for the term of one year; by force of which our corfairs which may meet with her obtain fhall refpect her; the conful on his part fhall furnish tempora her with a bill of fale; and confidering the diftance of ry passports. the two countries, this term fhall fuffice to obtain a pafsport in form: But after the expiration of this term, if our corfairs fhall meet with her without the passport of the United States, fhe fhall be ftopped and declared good prize, as well the veffel as cargo and crew.

granted

the ports

of the

ART. VIII.

If a veffel of one of the contracting parties fhall Hofpita lity to be be obliged to enter into a port of the other, and may have to veels need of provifions and other articles, they fhall be entering granted to her without any difficulty, at the pricecurrent at the place; and if fuch a veffel fhall have fufparties. fered at fea, and fhall have need of repairs, the fhall be at liberty to unload, and re-load her cargo without being obliged to pay any duty; and the captain fhall only be obliged to pay the wages of thofe whom he fhall have employed in loading and unloading the merchandise. ART. IX.

granted

Affiftan- If by accident and by the permiffion of God, à ce to be veffel of one of the contracting parties fhall be caft by to wrec- tempeft upon the coafts of the other, and shall be wrecked vef-ked, or otherwife damaged, the commandant of the fels.

Neutra

ports to

place fhall render all poffible affiftance for its prefervation, without allowing any perfon to make any oppofition; and the proprietor of the effects fhall pay the cofts of falvage to those who may have been employed. ART. X.

In cafe a veffel of one of the contracting parties lity of fhall be attacked by an ennemy under the cannon of be enfor. the forts of the other party, fhe fhall be defended and ced. protected as much as fhall be permitted to pursue ber

from

from the fame port, or any other neighbouring port, 1797 for forty-eight hours after her departure.

ART. XI.

When a veffel of war of the United States of Ame- Saluts. rica shall enter the port of Tunis, and the conful requeft that the caftle may falute her, the number of guns fhall be fired which he may requeft; and if the faid conful does not want a falute, there fhall be no queftion abut it.

But in cafe he fhall defire the falute, and the number of guns fhall be fired which he may have requested, they fhall be counted and refturned by the veffel in as many barrels of cannon powder,

The fame fhall be done with refpect to the Tunifian corfairs when they fhall enter any port of the United States,

ART. XII.

A

mer

When citizens of the United States fhall come Privilswithin the dependencies of Tunis, to carry on com- ges of merce there, the fame refpect fhall be paid to them chants. which the merchants of other nations enjoy; and if they wish to eftablish themselves within our ports, no oppofition fhall be made thereto; and they fhall be free to avail themfelves of fuch interpreters as they may judge neceffary, without any obstruction in conformity with the ufages of other nations; and if a Tunifian fubje&t fhall go to eftablifh himfelf within the dependencies of the United States, he fhall be treated in like manner.

If any Tunifian fubject shall freight an American Tunifian veffel and load her with merchandize, and fhall after- fubject fretghwards want to unlade or fhip them on board of another ting en veffel, we will not permit him, until the matter is Ameridetermined by a reference of merchants, who fhall de- etc. cide upon the cafe; and after the decifion, the determination fhall be conformed to.

can velfel

No captain fhall be detained in port against his Embare confent except when our ports are fhut for the veffels gos. of all other nations, which may take place with refpect to merchant veffels, but not to thofe of war.

tion of

The fubjects of the two contracting powers fhall Prote be under the protection of the prince and under the the fub

M 3

juris

1797 jurisdiction of the chief of the place where they may be, and no other perfon fhall have authority over them, jects of the par- If the commandant of the place does not conduct himfelf agreeably to juftice, a reprefentation of it shall be made to us.

ties

Govern ment of Tunis

7

In cafe the government fhall have need of an American merchant veffel, it fhall caufe it to be freighted, may and then a fuitable freight fhall be paid to the captain Ameri agreeably to the intention of the government, and the can vessel captain fhall not refuse it,

freight

Enemy's &

on board

ART. XII.

If among the crews of merchant veffels of the fubjs United States, there fhall be found subjects of our the vef enemies, they fhall not be made flaves, on condition fels of that they do not exceed a third of the crew and when ties they do exceed a third, they fhall be made flaves. The in what prefent article only concerns the failors, and not the shall be paffengers, who shall not be in any manner molefted.

the par

cafe they

hade

flaves.

Duties ta

ART. XIV.

A Tunifian merchant, who may go to America be reci with a veffel of any nation foever, loaded with merprocally paid. chandife which is the production of the Kingdom of Tunis, fhall pay duty (fmall as it is) like the mer chants of other nations; and the American merchant halt equally pay for the merchandife of their country, which they may bring to Tunis under their flag, the fame duty as the Tunifians pay in America.

Liberty

merce,

But if an American merchant, or a merchant of any other nation. fhall bring American merchandise under any other flag, he thall pay fix per cent duty: in like manner, if a foreign merchant fhall bring the merchandise of his country under the American flag, he fhall alfo pay fix per cent.

ART. XV.

It fhall be free for the citizen of the United States of com- to carry on what commerce they pleafe in the Kingcontra dom of Tunis, without any oppofition, and they fhall band ex- be treated like the merchants of other nations; but cepted. they shall not carry on commerce in wine, nor in prohibited articles: And if any one fhall be detected in a contraband trade, he fhall be punished according to the

the laws of the country. The commandants of ports 1797 and caftles' fhall take care, that the captains and failors fhall not load prohibited articles; but if this thould happen, thofe who fhall not haves contributed to the fmuggling fhall not be molefted nor fearched, no more than fhall the veffel and cargo: but only the offender, who fhall be demanded to be punished. No captain Privilege fhall be obliged to receive merchandise on board of of mafters of his veffel, nor to unlade the fame against his will, uefels. until the freight fhall be paid.

ART. XVI.

rage.

The merchant veffels of the United States which Duty of fhall caft anchor in the road of the Gouletta, or any anchoother port of the Kingdom of Tunis, fhall be obliged to pay the fame anchorage for entry and departure which French veffels pay," to wit: Seventeen piafters and an half. money of Tunis for entry, if they import merchandife; and the fame for departure, if they take away a cargo; but they fhall not be obliged to pay anchorage if they arrive in ballaft, and depart in the fame manner.

ART. XVII.

ges.

Each of the contracting parties fhall be at liberty Right of to establish a conful in the dependencies of the other; Conful," having a and if fuch conful does not act in conformity with and his the ufages of the country, like others, the government privileof the place hall inform his government of it, to the end that he may be changed and replaced; but he fhall enjoy as well for himself as his family and fuite, the protection of the government: and he may import for his non ufe all his provifions and furniture without paying any duty; and if he fhall import merchandise (which it fhall be lawful for him to do) he shall pay duty for it.

ART. XVIII.

contras

If the fubjects or citizens of either of the con- No retracting parties, being within the poffeffions of the ponibi lity for other, contract debts, or enter into obligations, neither fubjects the.conful nor the nation, nor any fubjects or citizens ting thereof fhall be in any manner refponfible, except they debts etc. or the conful have previously become bound in writing: and without this obligation in writing, they cannot be called upon for indemnity or fatisfaction. M 4

ART.

1797

Admini

of the

effects of a dece

dant.

ART. XIX.

In cafe of a citizen or fubject of either of the fration contracting parties dying within the poffeffions of the other. the conful or the vekel fhall take poffeffion of his ffects (if he does not leave a will) of which he fhall make an inventory; and the government of the place fhall have nothing to do therewith. And if there fhall be no conful, the effects fhall be depofited in the hands of a confidential perfon of the place, taking an inventory of the whole, that they may eventually be delivered to thofe to whom they of right belong.

tion over

ART. XX.

Conful's The conful fhall be the judge in all difputes jurisdic between his fellow citizens or fubjects, as alfo between his coun- all other perfons who may be immediately under his try-man protection; and in all cafes wherein he shall require the affiftance of the government where he refides to fanction his decifions, it fhall be granted to him.

ment of

ART. XXI.

Punish- If a citizen or fubject of one of the parties fhall perfonal kill, wound, or ftrike a citizen or fubject of the other, affaults, juftice fhall be done according to the laws of the country ted by the where the offence fhall be committed; the conful fhall fubjects be prefent at the trial; but if any offender fhall efcape, the conful fhall be in no manner refponfable for it.

commit

of one

party upon tho fe of the other.

Trial of

ART. XXII.

If a difpute or law-fuit on commercial or other difputes civil matters fhall happen, the trial fhall be had in the on civil prefence of the conful, or of a confidential perfon of his choice, who shall represent him, and endeavour to accommodate the difference which may have happened between the citizens or fubjects of the two nations.

matters

between

them.

In cafe

nal dif

accom

moda

ART. XXIII.

If any difference or difpute fhall take place conof natio- cerning the infraction of any article of the prefent ferences, treaty ot. either fide, peace and good harmony fhall not be interrupted, until a friendly application fhall tion to be have been made for fatisfaction; and refort fhall not attemp be had to arms therefor, except where fuch applicated befo- tion fhall have been rejected; and if war be then deurfe is clared, the term of one year fhall be allowed to the had to citizens or fubjects of the contracting parties to arrange

re reco

arms.