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mines on the south fide of Lake Superior, and to ascertain whether the Indian title to such lands as might be required for the use of the United States, in case they should deem it expedient to work the said mines, be yet sublisting, and if so, the terms on which the fame can be extinguished : And that the said agent be instructed to make report to the President in such time, as the information he may collect may be laid before Congress at their next session. THEODORE SEDGWICK,
Speaker of the House of Representatives.
President of the Senate.
President of the United States.
TREATY OF PEACE AND FRIENDSHIP,
UNITED STATES OF AMERICA,
KINGDOM OF TUNIS.
GOD IS INFINITE.
NDER the auspices of the greatest, the
most powerful of all the Princes of the Ottoman nation who reign upon the earth, our most glorious and most august Emperor, who commands the two lands and the two seas, Selim Kan, the victorious, son of the Sultan Moustafa, whose realm may God prosper until the end of ages, the support of Kings, the seal of Justice, the Emperor of Emperors.
The most illustrious and most magnificent Prince, Hamouda Pacha, Bey, who commands the Odgiak of Tunis, the abode of happiness, and the most honored Ibrahim Dey, and Soliman, aga of the Janissaries, and chief of the Divan, and all the elders of the Odgiak; and the most distinguished and honored President of the Congress of the United States of America, the most distinguished among those who profess the religion of the Messiah, of whom may the end be happy.
We have concluded between us the present treaty of peace and friendship, all the articles
Restora. tion of
of which have been framed by the intervention of Joseph Stephen Famin, French merchant residing at Tunis, chargé d'affaires of the United States of America ; which stipulations and conditions are comprized in twenty-three articles, written and expreffed in such manner as to leave no doubt of their contents, and in such way as not to be contravened.
Art. I. There shall be a perpetual and confriendship stant peace between the United States of Ame
rica, and the magnificent Pacha, Bey of Tunis; and also a permanent friendthip, which shall more and more increase.
ART. II. If a veffel of war of the two nations
shall make prize of an enemy vessel, in which fubjects may be found effects, property and subjects of and goods the two contracting parties, the whole shall be
restored : The Bey hall restore the property my's vef- and subjects of the United States, and the latter
fhall make a reciprocal restoration; it being understood on both sides, that the just right to what is claimed shall be proved.
ART. III. Merchandize belonging to any nagoods on tion which may be at war with one of the convellel of tracting parties, and loaded on board of the
vessels of the other, shall pass without molestaties to be tion, and without any attempt being made to
capture or detain it.
ART. IV. On both sides sufficient passports Pallports to be giv. Shall be given to vefsels, that they may be known
and treated as friendly; and considering the distance between thé two countries, a term of eighteen months is given, within which term respect thall be paid to the said passports, without requiring the congé or document (which
at Tunis is called testa) but after the said term the congé shall be presented.
ART. V. If the corsairs of Tunis shall meet Conanat sea with ships of war of the United States, der of a having under their escort merchant vessels of convoy to their nation, they shall not be searched or mo- ed upon lested ; and in such case the commanders shall his word be believed upon their word, to exempt their in order ships from being visited and to avoid quaran to exempt tine: The American ships of war shall act in like manner towards merchant vessels escorted and quaby the corsairs of Tunis.
ART. VI. If a Tunisian corsair fhall meet Nothing with an American merchant vessel, and shall to be exvisit it with her boat, she shall not exact
vilits. thing, under pain of being severely punished: And in like manner if a vefsel of war of the United States shall meet with a Tunisian merchant vefsel, she shall observe the same rule. In case a slave shall take refuge on board of an
Fugitive American veffel of war, the consul shall be re- faves and quired to cause him to be restored ; and if any prisoners. of their prisoners shall escape on board of the Tunisian vefsels, they shall be restored : But if any slave shall take refuge in any American merchant vessel, and it shall be proved that the vefsel has departed with the said llave, then he shall be returned, or his ransom shall be paid.
ART. VII. An American citizen having pur- Prize-vefchased a prize-vessel from our Odgiak, may sail fels purwith our passport, which we will deliver for the chased at
Tunis, term of one year; by force of which our cor- how to oba fairs which may meet with her shall respect her ; tain temthe consul on his part shall furnish her with a porary bill of fale; and considering the distance of the paisports. two countries, this term thall suffice to obtain
a paffport in form: But after the expiration of this termn, if our corsairs shall meet with her without the passport of the United States, she shall be stopped and declared good prize, as well the vessel as the cargo and crew.
Hospital- ART. VIII. If a vessel of one of the contract. ity to be ing parties shall be obliged to enter into a port granted
of the other, and may have need of provisions entering
and other articles, they shall be granted to her the ports without any difficulty, at the price-current at of the par- the place; and if such a vessel shall have suf
fered at sea, and shall have need of repairs, she shall be at liberty to unload, and re-load her cargo without being obliged to pay any duty; and the captain shall only
be obliged to pay the wages of those whom he shall have employed in loading and unloading the merchandize.
Afistance to be granted to wrecked vessels.
ART. IX. If by accident and by the permisfion of God, a veffel of one of the contracting parties shall be cast by tempest upon the coasts of the other, and shall be wrecked, or otherwise damaged, the commandant of the place shall render all possible assistance for its preservation, without allowing any person to make any opposition; and the proprietor of the effects thall pay the costs of falvage to those who may have been employed.
Neutrali- Art. X. In case a veffel of one of the conty of ports tracting parties shall be attacked by an enemy to be en- under the cannon of the forts of the other party,
she shall be defended and protected as much as poffible; and when she shall set sail, no enemy shall be permitted to pursue her from the same port, or any other neighbouring port, for fortyeight hours after her departure.