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mines on the fouth fide of Lake Superior, and to ascertain whether the Indian title to fuch lands as might be required for the use of the United States, in cafe they should deem it expedient to work the faid mines, be yet fubfifting, and if fo, the terms on which the fame can be extinguished: And that the said agent be instructed to make report to the President in fuch time, as the information he may collect may be laid before Congrefs at their next feffion. THEODORE SEDGWICK,

Speaker of the House of Representatives.

TH: JEFFERSON,

Vice-President of the United States, and
President of the Senate.

APPROVED-April 16, 1800.

JOHN ADAMS,

President of the United States.

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TREATY OF PEACE AND FRIENDSHIP,

BETWEEN THE

UNITED STATES OF AMERICA,

AND THE

KINGDOM OF TUNIS.

UNDER

(TRANSLATION.)

GOD IS INFINITE.

NDER the aufpices of the greateft, the moft powerful of all the Princes of the Ottoman nation who reign upon the earth, our most glorious and most auguft Emperor, who commands the two lands and the two feas, Selim Kan, the victorious, fon of the Sultan Mouftafa, whofe realm may God profper until the end of ages, the fupport of Kings, the seal of Justice, the Emperor of Emperors.

The most illuftrious and moft 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 Janiffaries, and chief of the Divan, and all the elders of the Odgiak; and the most distinguished and honored Prefident of the Congrefs of the United States of America, the most distinguished among thofe who profefs the religion of the Meffiah, of whom may the end be happy.

We have concluded between us the prefent treaty of peace and friendship, all the articles

Peace and

of which have been framed by the intervention of Jofeph Stephen Famin, French merchant refiding at Tunis, chargé d'affaires of the United States of America; which ftipulations and conditions are comprized in twenty-three articles, written and expreffed in fuch manner as to leave no doubt of their contents, and in fuch way as not to be contravened.

ART. I. There fhall be a perpetual and confriendship ftant peace between the United States of America, and the magnificent Pacha, Bey of Tunis; and alfo a permanent friendship, which fhall more and more increase.

Reftora

tion of

found in

ART. II. If a veffel of war of the two nations fhall make prize of an enemy veffel, in which fubje&s may be found effects, property and subjects of and goods the two contracting parties, the whole fhall be reftored: The Bey fhall reftore the property and fubjects of the United States, and the latter fhall make a reciprocal reftoration; it being understood on both fides, that the just right to what is claimed fhall be proved.

an ene

my's vef

{el.

Enemies

board a

ART. III. Merchandize belonging to any nagoods on tion which may be at war with one of the conveffel of tracting parties, and loaded on board of the the veffels of the other, fhall pafs without moleftaties to be tion, and without any attempt being made to free. capture or detain it.

en.

par

ART. IV. On both fides fufficient paffports Passports to be giv- fhall be given to veffels, that they may be known and treated as friendly; and confidering the distance between the two countries, a term of eighteen months is given, within which term refpect fhall be paid to the faid paffports, without requiring the congé or document (which

at Tunis is called testa) but after the faid term the congé fhall be prefented.

be believ

ART. V. If the corfairs of Tunis fhall meet Commanat sea with fhips of war of the United States, der of a having under their efcort merchant veffels of convoy to their nation, they fhall not be fearched or mo- ed upon lefted; and in fuch cafe the commanders fhall his word be believed upon their word, to exempt their in order fhips from being vifited and to avoid quaran- to exempt tine: The American fhips of war fhall act in fearch like manner towards merchant vessels escorted and quaby the corfairs of Tunis.

it from

rantine.

acted for

vifits.

ART. VI. If a Tunifian corfair fhall meet Nothing with an American merchant veffel, and fhall to be exvifit it with her boat, fhe fhall not exact any thing, under pain of being feverely punished: And in like manner if a veffel of war of the United States fhall meet with a Tunifian merchant veffel, fhe fhall obferve the fame rule. In case a slave shall take refuge on board of an American veffel of war, the conful fhall be re- flaves and Fugitive quired to cause him to be reftored; and if any prifoners. of their prifoners fhall efcape on board of the Tunifian veffels, they fhall be reftored: But if any flave shall take refuge in any American merchant veffel, and it fhall be proved that the veffel has departed with the faid flave, then he fhall be returned, or his ransom shall be paid.

ART. VII. An American citizen having pur- Prize-vefchased a prize-vessel from our Odgiak, may fail fels purwith our paffport, which we will deliver for the chafed at Tunis, term of one year; by force of which our cor- how to obfairs which may meet with her fhall refpect her; tain temthe conful on his part thall furnish her with a porary bill of sale; and confidering the diftance of the pallports. two countries, this term thall fuffice to obtain

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Hofpitality to be granted to veffels

a paffport in form: But after the expiration of this term, if our corfairs fhall meet with her without the passport of the United States, she fhall be stopped and declared good prize, as well the veffel as the cargo and crew.

ART. VIII. If a veffel of one of the contracting parties fhall be obliged to enter into a port of the other, and may have need of provisions entering and other articles, they fhall be granted to her the ports without any difficulty, at the price-current at of the par- the place; and if fuch a veffel fhall have fuf

ties.

Affiftance to be

to wreck

ed veffels.

fered at sea, and fhall have need of repairs, fhe fhall be at liberty to unload, and re-load her cargo without being obliged to pay any duty; and the captain fhall only be obliged to pay the wages of those whom he fhall have employed in loading and unloading the merchandize.

ART. IX. If by accident and by the permisfion of God, a veffel of one of the contracting granted parties fhall be caft by tempeft upon the coafts of the other, and fhall be wrecked, or otherwise damaged, the commandant of the place fhall render all poffible affiftance for its prefervation, without allowing any perfon to make any oppofition; and the proprietor of the effects fhall pay the costs of falvage to those who may have been employed.

Neutrali

ART. X. In case a vessel of one of the conty of ports tracting parties fhall be attacked by an enemy to be en- under the cannon of the forts of the other party,

forced.

she shall be defended and protected as much as poffible; and when the fhall fet fail, no enemy shall be permitted to pursue her from the fame port, or any other neighbouring port, for fortyeight hours after her departure.

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