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call upon the authorities of Tonga for aid in making arrests or enforcing judgments: And, Citizens of the United States charged with committing offenses against Tongans shall be amenable only to the Consular jurisdiction and shall be punished according to the law of the United States: and Tongans charged with committing offenses against citizens of the United States shall be tried by Tongan courts and punished according to Tongan law.
Claims of a civil nature against citizens of the United States shall be cognizable only in the Consular jurisdiction, and Tongan Courts shall be open to citizens of the United States to prosecute such claims against Tongans, according to law: Provided that citizens of the United States charged with violations of laws and regulations of Tonga relating to customs, taxation, public health and local police not cognizable as such under the laws of the United States, shall be amenable to the jurisdiction of the Tongan Courts upon notice to the nearest U. S. Consul or Commercial Agent, if there be one resident in Tonga, who shall have the right to be present at the trial and to direct or provide for the defense of the accused; the proceedings at all such trials shall be public and accessible.
Perfect and entire freedom of conscience and worship, with right of sepulture according to their creed, shall be enjoyed by the citizens or subjects of either of the High Contracting Parties within the jurisdiction of the other.
This Treaty shall become effective upon promulgation and shall continue in force for ten years, and thereafter until one year after notice shall have been given by one of the High Contracting Parties to the other of its desire to terminate the same: save and except as to Article VI. (relative to the establishment of a coaling-station), which shall be terminable only by mutual consent.
This Treaty shall be ratified and the ratifications exchanged at Nukualofa as soon as possible.
This Treaty is executed in duplicate, one copy being in English and the other in Tongan, both versions having the same meaning and intention, but the English version shall be considered the original, and shall control in case of any variance.
In witness whereof, the respective plenipotentiaries have signed this Treaty, and thereunto affixed their respective seals.
Done in the harbor of Nukualofa, in Tongatabu, on board the United States Steamer, "Mohican", this second day of October, in the year of our Lord, one thousand, eight hundred and eighty-six.
TREATY OF PEACE AND FRIENDSHIP.
Concluded November 4, 1796; ratification advised by the Senate June 7, 1797; ratified by the President June 10, 1797; proclaimed June 10, 1797. (Treaties and Conventions, 1889, p. 1081.)
This treaty of twelve articles was superseded by the Treaty of 1805.
TREATY OF PEACE AND AMITY.
Concluded June 4, 1805; ratification advised by the Senate April 12, 1806; ratified by the President (?); ratifications exchanged (?); proclaimed (?). (Treaties and Conventions, 1889, p. 1084.)
There shall be, from the conclusion of this Treaty a firm, inviolable and universal peace, and a sincere friendship between the President and Citizens of the United States of America, on the one part, and the Bashaw, Bey and Subjects of the Regency of Tripoli in Barbary on the other, made by the free consent of both Parties, and on the terms of the most favoured Nation. And if either party shall hereafter grant to any other Nation, any particular favour or privilege in Navigation or Commerce, it shall immediately become common to the
other party, freely, where it is freely granted, to such other Nation, but where 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.
The Bashaw of Tripoli shall deliver up to the American Squadron now off Tripoli, all the Americans in his possession, and all the Subjects of the Bashaw of Tripoli now in the power of the United States of America shall be delivered up to him; and as the number of Americans in possession of the Bashaw of Tripoli amounts to Three Hundred Persons, more or less; and the number of Tripoline Subjects in the power of the Americans to about One Hundred more or less; The Bashaw of Tripoli shall receive from the United States of America, the sum of Sixty Thousand Dollars, as a payment for the difference between the Prisoners herein mentioned.
All the forces of the United States which have been, or may be in hostility against the Bashaw of Tripoli, in the Province of Derne, or elsewhere within the Dominions of the said Bashaw, shall be withdrawn therefrom, and no supplies shall be withdrawn therefrom and no supplies shall be given by or in behalf of the said United States, during the continuance of this peace, to any of the Subjects of the said Bashaw who may be in hostility against him in any part of his Dominions; and the Americans will use all means in their power to persuade the Brother of the said Bashaw, who has co-operated with them at Derne, &c, to withdraw from the Territory of the said Bashaw of Tripoli, but they will not use any force or improper means to effect that object; and in case he should withdraw himself as aforesaid, the Bashaw engages to deliver up to him his Wife and Children now in his power.
If any goods belonging to any Nation with which either of the parties are at war, should be loaded on board Vessels belonging to the other party they shall pass free and unmolested, and no attempt shall be made to take or detain them.
If any Citizens or Subjects with their effects belonging to either party shall be found on board a Prize Vessel taken from an enemy by the other party, such Citizens or Subjects shall be liberated immediately and their effects so captured shall be restored to their lawful owners or their agents.
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 Tripoli 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, S. Doc. 318, 58-2-50
these two only shall be permitted to go on board said Vessel, without first obtaining leave from the Commander of said Vessel, who shall compare the passport, and immediately permit said Vessel to proceed on her voyage; and should any of the said subjects of Tripoli insult or molest the Commander or any other person on board a Vessel so visited; or plunder any of the property contained in her; On complaint being made by the Consul of the United States of America resident at Tripoli, and on his producing sufficient proof to substantiate the fact, the Commander or Rais of said Tripoline ship or Vessel of War, as well as the Offenders shall be punished in the most exemplary
All Vessels of War belonging to the United States of America on meeting with a Cruizer belonging to the Regency of Tripoli, and having seen her passport and Certificate from the Consul of the United States of America residing in the Regency, shall permit her to proceed on her Cruize unmolested, and without detention. No passport shall be granted by either party to any Vessels, but such as are absolutely the property of Citizens or Subjects of said contracting parties, on any pretence whatever.
A Citizen or Subject of either of the contracting parties having bought a Prize Vessel condemned by the other party, or by any other Nation, the Certificate of condemnation and Bill of Sale shall be a sufficient passport for such Vessel for two years, which, considering the distance between the two Countries, is no more than a reasonable time for her to procure proper passports.
Vessels of either party, putting into the ports of the other, and having need of provisions or other supplies, they shall be furnished at the market price, and if any such Vessel should so put in from a disaster at Sea, and have occasion to repair; she shall be at liberty to land and reimbark her Cargo without paying any duties; but in no case shall she be compelled to land her Cargo.
Should a Vessel of either party be cast on the shore of the other, all proper assistance shall be given to her and her Crew. No pillage shall be allowed, the property shall remain at the disposition of the owners, and the Crew protected and succoured, till they can be sent to their Country.
If a Vessel of either party, shall be attacked by an Enemy within gunshot of the Forts of the other, she shall be defended as much as possible. If she be in port, she shall not be seized or attacked when it is in the power of the other party to protect her; and when she proceeds to sea, no Enemy shall be allowed to pursue her from the same port, within twenty-four hours after her departure.
The Commerce between the United States of America and the Regency of Tripoli; The Protections to be given to Merchants, masters of Vessels, and Seamen; The reciprocal right of establishing Consuls in each Country; and the privileges, immunities and jurisdictions to be enjoyed by such Consuls, are declared to be on the same footing, with those of the most favoured Nations respectively.
The Consul of the United States of America shall not be answerable for debts contracted by Citizens of his own Nation, unless, he previously gives a written obligation so to do.
On a Vessel of War belonging to the United States of America, anchoring before the City of Tripoli, the Consul is to inform the Bashaw of her arrival, and she shall be saluted with twenty-one guns, which she is to return in the same quantity or number.
As the Government of the United States of America has in itself no character of enmity against the Laws, Religion or tranquility of Musselmen, and as the said States never have entered into any voluntary war or act of hostility against any Mahometan Nation, except in the defence of their just rights to freely navigate the High Seas; It is declared by the contracting parties that no pretext arising from Religious Opinions shall ever produce an interruption of the Harmony existing between the two Nations; And the Consuls and Agents of both Nations respectively, 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 Consuls house at hours of Prayer. The Consuls shall have liberty and personal security given them to travel within the Territories of each other, both by land and sea, and shall not be prevented from going on board any Vessel that they may think proper to visit, they shall have likewise the liberty to appoint their own Drogoman and Brokers.
In case of any dispute arising from the violation of any of the articles of this Treaty, no appeal shall be made to Arms, nor shall war be declared on any pretext whatever; but if the Consul residing at the place, where the dispute shall happen, shall not be able to settle the same; The Government of that country shall state their grievances in writing, and transmit it to the Government of the other, and the period of twelve Callendar months shall be allowed for answers to be returned; during which time no act of hostility shall be permitted by either party, and in case the grievances are not redressed, and war should be the event, the Consuls and Citizens or Subjects of both parties reciprocally shall be permitted to embark with their effects unmolested, on board of what vessel or Vessels they shall think proper.