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ARTICLE XII.

When citizens of the United States shall come within the dependencies of Tunis, to carry on commerce there, the same respect shall be paid to them which the merchants of other nations enjoy; and if they wish to establish themselves within our ports, no opposition shall be made thereto; and they shall be free to avail themselves of such interpreters as they may judge necessary, without any obstruction, in conformity with the usages of other nations; and if a Tunisian subject shall go to establish himself within the dependencies of the United States, he shall be treated in like manner.

If any Tunisian subject shall freight an American vessel and load her with merchandise, and shall afterwards want to unlade or ship them on board of another vessel, we will not permit him, until the matter is determined by a reference of merchants, who shall decide upon the case; and after the decision the determination shall be conformed to.

No captain shall be detained in port against his consent, except when our ports are shut for the vessels of all other nations, which may take place with respect to merchant-vessels, but not to those

of war.

The subjects of the two contracting powers shall be under the protection of the Prince, and under the jurisdiction of the Chief of the place where they may be, and no other person shall have authority over them. If the commandant of the place does not conduct himself agreeably to justice, a representation of it shall be made to us.

In case the Government shall have need of an American merchantvessel, it shall cause it be freighted, and then a suitable freight shall be paid to the captain agreeably to the intention of the Government, and the captain shall not refuse it.

ARTICLE XIII.

If among the crews of merchant-vessels of the United States there shall be found subjects of our enemies, they shall not be made slaves, on condition that they do not exceed a third of the crew; and when they do exceed a third, they shall be made slaves: The present article only concerns the sailors, and not the passengers, who shall not be in any manner molested.

ARTICLE XIV.

A Tunisian merchant who may go to America with a vessel of any nation soever, loaded with merchandise which is the production of the Kingdom of Tunis, shall pay duty (small as it is like the merchants of other nations; and the American merchants shall'equally pay for the merchandise of their country, which they may bring to Tunis under their flag, the same duty as the Tunisians pay in America.

But if an American merchant, or a merchant of any other nation, shall bring American merchandise under any other flag, he shall pay six

a Articles XI and XII are amended by the Convention of February 24, 1824. This article is amended by the Convention of February 24, 1824.

per cent. duty: In like manner, if a foreign merchant shall bring the merchandise of his country under the American flag, he shall also pay six per cent.

ARTICLE XV.

It shall be free for the citizens of the United States to carry on what commerce they please in the Kingdom of Tunis, without any opposition, and they shall be treated like the merchants of other nations; but they shall not carry on commerce in wine, nor in prohibited articles; and if any one shall be detected in a contraband trade, he shall be punished according to the laws of the country. The commandants of ports and castles shall take care, that the captains and sailors shall not load prohibited articles; but if this should happen, those who shall not have contributed to the smuggling shall not be molested nor searched, no more than shall the vessel and cargo; but only the offender, who shall be demanded to be punished. No captain shall be obliged to receive merchandise on board his vessel, nor to unlade the same against his will, until the freight shall be paid.

ARTICLE XVI.

The merchant-vessels of the United States which shall cast anchor in the road of the Gouletta, or any other port of the Kingdom of Tunis, shall be obliged to pay the same anchorage for entry and departure which French vessels pay, to wit: Seventeen piasters and a half, money of Tunis, for entry, if they import merchandise; and the same for departure, if they take away a cargo; but they shall not be obliged to pay anchorage if they arrive in ballast, and depart in the same manner.

ARTICLE XVII.

Each of the contracting parties shall be at liberty to establish a Consul in the dependencies of the other; and if such Consul does not act in conformity with the usages of the country, like others, the Government of the place shall inform his Government of it, to the end that he may be changed and replaced; but he shall enjoy, as well for himself as his family and suite, the protection of the Government; and he may import for his own use all his provisions and furniture without paying any duty; and if he shall import merchandise, (which it shall be lawful for him to do,) he shall pay duty for it.

ARTICLE XVIII.

If the subjects or citizens of either of the contracting parties, being within the possessions of the other, contract debts, or enter into obligations, neither the Consul nor the nation, nor any subjects or citizens thereof shall be in any manner responsible, except they or the Consul shall have previously become bound in writing; and without this obligation in writing, they cannot be called upon for indemnity or satisfaction.

ARTICLE XIX, In case of a citizen or subject of either of the contracting parties dying within the possessions of the other, the Consul or the Vekil shall take possession of his effects, (if he does not leave a will,) of which he shall make an inventory; and the Government of the place shall have nothing to do therewith. And if there shall be no Consul, the effects shall be deposited in the hands of a confidential person of the place, taking an inventory of the whole, that they may eventually be delivered to those to whom they of right belong.

ARTICLE XX.

The Consul shall be the judge in all disputes between his fellowcitizens or subjects, as also between all other persons who may be immediately under his protection; and in all cases wherein he shall require the assistance of the Government where he resides to sanction his decisions, it shall be granted to him.

ARTICLE XXI.

If a citizen or subject of one of the parties shall kill, wound, or strike a citizen or subject of the other, justice shall be done according to the laws of the country where the offence shall be committed: The Consul shall be present at the trial; but if any offender shall escape, the Consul shall be in no manner responsible for it.

ARTICLE XXII.

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If a dispute or law-suit on commercial or other civil matters shall happen, the trial shall be had in the presence of the Consul, or of a confidential person of his choice, who shall represent him, and endeavor to accommodate the difference which may have happened between the citizens or subjects of the two nations.

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ARTICLE XXIII.

If any difference or dispute shall take place concerning the infraction of any article of the present treaty on either side, peace and good harmony shall not be interrupted, until a friendly application shall have been made for satisfaction; and resort shall not be had to arms therefor, except where such application shall have been rejected; and if war be then declared, the term of one year shall be allowed to the citizens or subjects of the contracting parties to arrange their affairs, and to withdraw themselves with their property.

The agreements and terms above concluded by the two contracting parties shall be punctually observed with the will of the Most High. And for the maintenance and exact observance of the said agreements, we have caused their contents to be here transcribed, in the present month of Rebia Elul, of the Hegira one thousand two hundred and twelve, corresponding with the month of August of the Christian year one thousand seven hundred and ninety-seven. The Aga IBRAHIM DEY's

The Bey's
SOLIMAN'S
Signature

Signature Signature and

and

and
(SEAL.]
(SEAL.]

(SEAL.]

Whereas the President of the United States of America, by his let

ters patent, under his signature and the seal of state, dated [SEAL.] the eighteenth day of December, one thousand seven hun

dred and ninety-eight, vested Richard O'Brien, William Eaton, and James Leander Cathcart, or any two of them in the absence of the third, with full powers to confer, negotiate, and conclude with the Bey and Regency of Tunis, on certain alterations in the treaty between the United States and the Government of Tunis, concluded by the intervention of Joseph Etienne Famin, on behalf of the United States, in the month of August, one thousand seven hun. dred and ninety-seven, we, the underwritten William Eaton and James Leander Cathcart, (Richard O'Brien being absent,) have concluded on and entered, in the foregoing treaty, certain alterations in the eleventh, twelfth, and fourteenth articles, and do agree to said treaty with said alterations, reserving the same nevertheless for the final ratification of the President of the United States, by and with the advice and consent of the Senate.

In testimony whereof we annex our names and the consular seal of the United States. Done in Tunis, the twenty-sixth day of March, in the year of the Christian era one thousand seven hundred and ninety-nine, and of American Independence the twenty-third.

WILLIAM EATON.
JAMES LEANDER CATHCART.

1824.4

CONVENTION AMENDING TREATY OF AUGUST, 1797. Concluded February 24, 1824; ratification advised by the Senate

January 13, 1825; ratified by the President January 21, 1825; proclaimed January 21, 1825. [This is reprinted from the proclamation of President Monroe.]

The proclamation recites that it is agreed alterations be made in the VI, XI, XII, and XIV articles of the treaty of 1797, and the articles are in the proclamation printed in parallel columns showing the articles as they appear in the treaty of 1797 and as modified by the present treaty.

ARTICLES.

VI. Search of ships; freedom of slaves.
XI. Salutes to naval vessels.
XII. Trading rights and privileges.

XIV. Most favored nation commercial

privileges.

ARTICLE the 6th-As it now is.

ARTICLE the 6th-As it was.

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If a Tunisian corsair shall meet If a Tunisian corsair shall meet with an American vessel, and shall with an American merchant vesvisit it with her boat, two men sel, and shall visit it with her only shall be allowed to go on boat, she shall not exact anything, board, peaceably, to satisfy them- under pain of being severely punselves of its being American, who, ished. And, in like manner, if a as well as any passengers of other vessel of war of the United States nations they may have on board, shall meet with a Tunisian mershall go free, both them and their chant vessel, she shall observe the goods; and the said two men shall same rule. not exact anything, on pain of being severely punished.

* This treaty was superseded by treaty between United States and France (for Bey of Tunis), proclaimed May 9, 1901.

In case a slave escapes, and In case a slave shall take refuge takes refuge on board an Ameri- on board of an American vessel can vessel of war, he shall be free, of war, the Consul shall be reand no demand shall be made quired to cause him to be reeither for his restoration or for stored; and if any of their prispayment.

oners shall

escape

on board of the Tunisian vessels, they shall be restored; but if any slave shall take refuge in any American merchant vessel, and it shall be proved that the vessel has departed with the said slave, then he shall be returned, or his ransom shall be paid.

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ARTICLE the 11th-As it now is.

ARTICLE 11th-As it was.

When a vessel of war of the When a vessel of war of the United States shall enter the port United States of America shall of the Gouletta, she shall be sa- enter the port of Tunis, and the luted with twenty - one guns, Consul shall request that the Caswhich salute the vessel of war tle may salute her, the number of shall return gun for gun only, guns shall be fired which he may and no powder will be given, as request; and if the said Consul mentioned in the ancient eleventh does not want a salute, there shall article of this treaty, which is be no question about it. hereby annulled.

But, in case he shall desire the salute, and the number of guns shall be fired which he may have requested, they shall be counted, and returned by the vessel in as many barrels of cannon-powder.

The same shall be done with respect to the Tunisian corsairs, when they shall enter any port of the United States.

ARTICLE the 12th-As it now is.

ARTICLE 12th--As it was.

When citizens of the United When citizens of the United States shall come within the de- States shall come within the dependencies of Tunis to carry on pendencies of Tunis to carry on commerce there, the same respect commerce there, the same respect shall be paid to them which the shall be paid to them which the merchants of other nations enjoy; merchants of other nations enjoy;

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