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TREATY OF Peace and Amity, CONCLUDED SEPTEMBER 5, 1795, 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.

WITH THE PRESIDENT's PROCLAMATION, ANNOUNCING ITS RATIFICATION, AS PUBLISHED IN THE PHILADELPHIA GAZETTE, MARCH 9, 1796.

PRINTED BY ORMROD & CONRAD, NO. 41, CHESNUT-STREET. 1796.

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Algerine Treaty.

GEORGE WASHINGTON PRESIDENT OF THE UNITED STATES OF AMERICA,
To all to whom these presents shall come,— Greeting:

WHEREAS a Treaty of Peace and Amity has been concluded in the manner herein-after-mentioned, by the Pleni­potentiary of the United States of America, and the Dey and Regency of Algiers; which Trea­ty, written in the Arabic language, being trans­lated into the language of the United States is in the words following, to wit: ‘A TREATY of Peace and Amity concluded this present Day Iima artasi, the twenty first of the Luna safer year of the Hegira 1210, corresponding with Saturday the fifth of September, one thousand seven [Page 3] 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.’

ARTICLE 1st. 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.

ARTICLE the 2d. 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 custom 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 reimbarked without paying any duty whatever, either for disembarking or embarking. All naval and military stores, such as gun powder, 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, [Page 4] without paying any duties whatever at the custom house of this Regency.

ARTICLE 3d. The vessels of both nations shall pass each other without any impedi­ment or molestation; and all goods, monies or passengers, of whatsoever nation, that may be on board of the vessels belonging to either party, shall be considered as inviolable, and shall be allowed to pass unmolested.

ARTICLE 4th. All ships of war belong­ing to this Regency, on meeting with mer­chant vessels belonging to citizens of the United States, shall be allowed to visit them with two persons only beside the rowers; —these two only permitted to go on board said vessel, without obtaining express leave from the commander of said vessel, who shall compare the passport, 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.

ARTICLE 5th. No commander of any [Page 5] 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 pretence of making them confess any thing desired; nei­ther shall they inflict any corporal punishment, or any way else molest them.

ARTICLE 6th. 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 reimbarked on board of any other vessel, without paying any duties at the custom house.

ARTICLE 7th. The Algerines are not, on any pretence 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.

ARTICLE the 8th. Any citizen of the United States of North America, having bought any prize condemned by the Alge­rines, shall not be again captured 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.

[Page 6] ARTICLE the 9th. 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.

ARTICLE the 10th. 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 of them, without paying any duties on sale thereof. All vessels wanting provisions or refreshments, shall be permitted to buy them at market price.

ARTICLE the 11th. 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. 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.

ARTICLE the 12th. 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 [Page 7] 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.

ARTICLE the 13th. 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 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 Divan give hindrance in the exe­cution of any will that may appear.

ARTICLE the 14th. 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 consul 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 [Page 8] 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.

ARTICLE the 15th. Any disputes or suits at law, that may take place between the sub­jects of the Regency and the citizens of the United States of 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.

ARTICLE the 16th. 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.

ARTICLE the 17th. The Consul of the United States of North America, shall have every personal security given him and his household: he shall 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 [Page 9] security given him to travel whenever he pleases, within the Regency: he shall have free licence to go on board any vessel lying in our roads, whenever he shall think fit. The Consul shall have leave to appoint his own Drogaman and Broker.

ARTICLE the 18th. 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.

ARTICLE the 19th. Should the cruisers of Algiers capture any vessel, having citizens of the United States of North America on board, they having 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.

ARTICLE the 20th. 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.

ARTICLE the 21st. The Consul of the United States of North America, shall not be required to pay duty for any thing he brings [Page 10] from a foreign country for the use of his house and family.

ARTICLE the 22d. Should any disturb­ance take place between the citizens of the United States and the subjects of this Regen­cy, or break any article of this treaty, war shall not be declared immediately; but eve­ry thing shall be searched into regularly: the party injured shall be made reparation.

On the 21st of the Luna of Safer, 1210, corresponding with the 5th September 1795, JOSEPH DONALDSON, jun. on the part of the United States of North America, agreed with HASSAN 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.

Signed,
  • VIZIR HASSAN BASHAW Seal of Algiers stamped at the foot of the ori­ginal Treaty in Arabic.
  • JOSEPH DONALDSON, jun.
To all to whom these presents shall come, or be made known,

WHEREAS the underwritten David Hum­phreys, hath been duly appointed Commissi­oner [Page 11] 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, junior, on an agency in the said business; whereas by a writing under his hand and seal, dated the 21st of May 1795, he did constitute and appoint Joseph Donaldson, junior, agent in the busi­ness aforesaid; and the said Joseph Donald­son junior, 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.

DAVID HUMPHREYS
.
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Now be it known, That I GEORGE WASH­INGTON, President of the United States of America, having seen and considered the said treaty, do, by and with the advice and con­sent of the Senate, accept, ratify, and con­firm the same, and every clause and article thereof. And to the end that the said treaty may be observed and performed with good faith on the part of the United States, I have ordered the premises to be made public; and I do hereby enjoin and require all persons bearing office civil or military within the United States, and all others citizens or in­habitants thereof, faithfully to observe and fulfil the said treaty and every clause and arti­cle thereof.

In testimony whereof, I have caused the seal of the United States of America to be affixed to these presents, and signed the same with my hand.

GO: WASHINGTON.
By the President. TIMOTHY PICKERING, Secretary of State.

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