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 unload, or ship them on board of another vessel, we shall 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 and citizens of the two nations, respectively, Tunisians and Americans, shall be protected in the places where they may be by the officers of the Government there existing; but, on failure of such protection, and for redress of every injury, the party may resort to the chief authority in each country, by whom adequate protection and complete justice shall be rendered. In case the Government of Tunis shall have need of an American vessel for its service, such vessel being within the Regency, and not previously engaged, the Government shall have the preference, on its paying the same freight as other merchants usually pay for the same service, or at the like rate, if the service be without a customary precedent. and if they wish to establish themselves within out 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 usuages 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 merchant vessel, it shall cause it to 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 the 14th-As it now is. All vessels belonging to the citizens and inhabitants of the United States shall be permitted to enter the ports of the Kingdom of Tunis, and freely trade with the subjects and inhabitants thereof, on paying the usual duties which are paid by other most favoured nations at peace with the Regency. In like manner, all vessels belonging to the subjects and inhabitants of the Kingdom of Tunis shall be permitted to enter the different ports of the United States, and freely trade with the citizens and inhabitants thereof, on paying the usual duties which are paid by other most favoured nations at peace with the United States. ARTICLE 14th-As it was. A Tunisian merchant, who may go to America with a vessel of any nation soever, loaded with merchandize, 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 merchandize 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 merchandize under any other flag, he shall pay six per cent. duty; in like manner, if a foreign merchant shall bring the merchandize of his country under the American flag, he shall also pay six per cent. Concluded, signed, and sealed, at the Palace of Bardo, near Tunis, the 24th day of the moon jumed-teni, in the year of the Hegira 1239, corresponding [to] the 24th of February, 1824, of the Christian year, and the 48th year of the Independence of the United States, 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. [SEAL.] [SEAL.] S. D. HEAP, Chargé d'Affaires. SIDI MAHMOUD. TWO SICILIES. (SEE ITALY.) 1832. CLAIMS CONVENTION. Concluded October 14, 1832; ratification advised by the Senate Janu ary 19, 1833; ratifications exchanged June 8, 1833; proclaimed August 27, 1833. The Government of the United States of America and His Majesty the King of the Kingdom of the Two Sicilies, desiring to terminate the reclamations advanced by said Government against his said Majesty, in order that the merchants of the United States may be indemnified for the losses inflicted upon them by Murat, by the depredations, seizures, confiscations, and destruction of their vessels and cargoes, during the years 1809, 1810, 1811, and 1812, and His Sicilian Majesty desiring thereby to strengthen with the said Goverment the bonds of that harmony, not hitherto disturbed: The said Government of the United States and his aforesaid Majesty the King of the Kingdom of the Two Sicilies, have with one accord resolved to come to an adjustment; to effectuate which, they have respectively named and furnished with the necessary powers, viz: The said Government of the United States, John Nelson, Esquire, a citizen of said States, and their Chargé d'Affaires near His Majesty the King of the Kingdom of the Two Sicilies; and his Majesty, His Excellency D. Antonio Maria Statella, Prince of Cassaro, Marquis of Spacca forno, Count Statella, etc., etc., etc., his said Majesty's Minister Secretary of State for Foreign Affairs, etc., etc.; Who, after the exchange of their respective full powers, found in good and due form, have agreed to the following articles: ARTICLE I. His Majesty the King of the Kingdom of the Two Sicilies, with a view to satisfy the aforesaid reclamations, for the depredations, sequestrations, confiscations, and destruction of the vessels and cargoes of the merchants of the United States, (and for every expense of every kind whatsoever incident to or growing out of the same,) a Treaties with Two Sicilies became obsolete by the consolidation of the Two Sicilies with Italy in 1861. inflicted by Murat during the years 1809, 1810, 1811, and 1812, obliges himself to pay the sum of two millions one hundred and fifteen thousand Neapolitan ducats to the Government of the United States; seven thousand six hundred and seventy-nine ducats, part thereof to be applied to reimburse the said Government for the expense incurred by it in the transportation of American seamen from the Kingdom of Naples, during the year 1810, and the residue to be distributed amongst the claimants by the said Government of the United States, in such manner and according to such rules as it may prescribe. ARTICLE II. The sum of two millions one hundred and fifteen thousand Neapolitan ducats agreed on in article the 1st, shall be paid in Naples, in nine equal installments of two hundred and thirty-five thousand ducats, and with interest thereon at the rate of four per centum per annum, to be calculated from the date of the interchange of the ratifications of this convention, untill the whole sum shall be paid. The first installment shall be payable twelve months after the exchange of the said ratifications, and the remaining installments, with the interest, successively, one year after another. The said payments shall be made in Naples into the hands of such person as shall be duly authorised by the Government of the United States to receive the same. ARTICLE III. The present convention shall be ratified and the ratifications thereof shall be exchanged in this capital, in the space of eight months from this date, or sooner if possible. In faith whereof the parties above named have respectively subscribed these articles, and thereto affixed their seals. Done at Naples on the 14th day of October, one thousand eight hundred and thirty-two. [SEAL.] [SEAL.] JNO. NELSON. The PRINCE OF CASSARO. 1835. ARRANGEMENT PROVIDING FOR THE RECEPTION IN ONE PAYMENT OF THE BALANCE OF THE INDEMNITY REMAINING UNDER THE CONVENTION OF OCTOBER 14, 1832. Concluded December 26, 1835. The claimants entitled to indemnity by the award of the Commissioners under the Convention with the Kingdom of The Two Sicilies, concluded on the fourteenth of October, eighteen hundred and thirtytwo, having agreed to an arrangement proposed by the Consul-General of the King of The Two Sicilies, to receive in full payment of the balance of the indemnity remaining unpaid under said convention, one million five hundred thousand Neapolitan ducats, to be paid in Naples, on the eighth day of February, eighteen hundred and thirty-six; and having authorised and requested the Government of the United States to adopt the measures necessary to accomplish that object; the President of the United States has empowered and directed the Secretary of State to make with the Chevalier Morelli, who has the instructions and powers of his Government for that purpose, the following arrangement: On the deposite in the Treasury Department by the claimants under the Treaty of Indemnity of their several certificates, the Secretary of the Treasury will give directions to the agent of the United States, to apply in Naples for one million five hundred thousand Neapolitan ducats, on or after the eighth day of February, eighteen hundred and thirty-six, to His Sicilian Majesty's Government, which, if paid, will be considered by the United States as a full and complete execution of the said treaty. The said one million five hundred thousand ducats shall be distributed pro rata among the claimants, according to the amount of their certificates in the Treasury Department, as the several instalments would have been paid if this arrangement had not been made. The certificates shall be delivered to His Sicilian Majesty's Government, or such other disposition made of them as it shall direct. If the said sum of one million five hundred thousand Neapolitan ducats shall not be paid within forty-eight hours after the demand so as aforesaid to be made by the agent of the United States at Naples, this arrangement shall be void and of no effect. Signed at the city of Washington, on the twenty-sixth day of December, A. D. 1835, by John Forsyth, Secretary of State, on the part of the United States, and the Chevalier Morelli, on the part of His Majesty the King of the Two Sicilies. JOHN FORSYTH, Secretary of State of the United States. The CHEVALIER DOMINICO MOBELLI, His Sicilian Majesty's Consul-General at the United States. The Commission of three to decide on the distribution of the indemnity met at Washington September, 1833. The awards of the Commission amounted to $1,925,034.68. 1845. TREATY OF COMMERCE AND NAVIGATION. Concluded December 1, 1845; ratification advised by the Senate April 11, 1846; ratified by the President April 14, 1846; ratifications exchanged June 1, 1846; proclaimed July 24, 1846. ARTICLES. I. Freedom, commerce, and navigation. II. Discrimination in duties, drawbacks. III. Discrimination in tonnage, harbor, etc. IV. Coasting trade. V. Discrimination in purchase im ports. VI. Right of travel, etc. X. Asylum for vessels. XIII. Ratification. This treaty was superseded by the convention of October 1, 1855. |