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ART. XI. When a veffel of war of the Uni- Salutes. ted States of America fhall enter the port of Tunis, and the conful shall request that the case tle may falute her, the number of guns shall be fired which he may request; and if the said conful does not want a salute, there shall be no question about it. ..
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.
Art. XII. When citizens of the United Privileges States shall come within the dependencies of of merTunis, to carry on commerce there, the same chants. respect shall be paid to them which the mer. chants 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 Ame- Tunisian rican vefsel and load her with merchandize, and subject Mall afterwards want to unlade or ship them on board of another vessel, we will not permit me
ir ing an A. him, until the matter is determined by a refe- vefsel, &c. rence of merchants, who shall decide upon the cale; and after the decision, the determination fi.all be conformed to. No captain thall be detained in port against
goes. VOL. V.
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. Protec- The subjects of the two contracting powers tion of the shall be under the protection of the Prince, and fubjects under the jurisdiction of the Chief of the place of the par
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. Govern. In case the government shall have need of an ment of American merchant vessel, it shall cause it to
is be freighted, and then a suitable freight shall freight be paid to the captain agreeably to the intenAmerican tion of the government, and the captain shall vessels. not refuse it. Enemy's. ART. XII. If among the crews of merchant Tubjects, vessels of the United States, there shall be found on board
pels subjects of our enemies, they shall not be made of the par- slaves, on condition that they do not exceed a ties--in third of the crew; and when they do exceed a what cafe third, they shall be made slaves : The present
an article only concerns the sailors, and not the be made Aaves. passengers, who shall not be in any manner mo.
lested. Duties to ART. XIV. A Tunisian merchant, who may be reci- go to America with a vessel of any nation soever, procally loaded with merchandize which is the producpaid.
tion of the kingdom of Tunis, fhall pay duty (small as it is) like the merchants of other nations; and the American merchants shall equal. ly pay for the merchandize of their country, which they may bring to Tunis under their flag, the fame 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 fix per cent. duty : In like manner, if a foreign merchant shall bring the merchandize of his country under the American flag, he thall also pày lix per cent.
ART. XV. It shall be free for the citizens of Liberty the United States to carry on what commerce of comthey please in the kingdom of Tunis, without contra
st merce, any opposition, and they shall be treated like band exthe merchants of other nations; but they shall cepted. 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 failors shall not load pro. hibited 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 Privilege captain shall be obliged to receive merchandize of masters on board of his veffel, nor to unlade the fame of vellels. against his will, until the freight shall pe paid.
Art. XVI. The merchant vefsels of the U. nited States which shall cast anchor in the road Duty of of the Gouletta, or any other port of the king- anchordom of Tunis, shall be obliged to pay the same age. anchorage for entry and departure which French vessels pay, to wit : Seventeen piasters and an half, money of Tunis, for entry, if they import merchandize; and the same for depar. ture, 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.
Right of ART. XVII. Each of the contracting parties having a shall be at liberty to establish a consul in the Consul, dependencies of the other; and if such conful privileges
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 n all enjoy, as well for himself as his family and suite, the protection of the government: And he may import for his own ule all his próvisions and furniture without paying any duty; and if he shall import merchandize (which it shall be lawful for him to do) he shall pay duty for it.
ART. XVIII. If the subjects or citizens of
either of the contracting parties, being within No re- the possessions of the other, contract debts, or
" enter into obligations, neither the consul nor lity for fubiects the nation, nor any subjects or citizens thereof contrac- fhall be in any manner responsible, except they ting debts or the consul shall have previously become &c.
bound in writing : And without this obligation in writing, they cannot be called upon for indemnity or satisfaction,
Art. XIX. In case of a citizen or subject of bini either of the contracting parties dying within Äration the poffeffions of the other, the consul or the of the ef- vekil shall take possession of his effects, (if he fects of a does not leave a will) of which he shall make
ht. an inventory; and the government of the place
shall have nothing to do therewith. And if there thall be no consul, the effects thall be deposited in the hands of a confidencial person of the place, taking an inventory of the whole, that they may eventually be delivered to those to whom they of right belong.
) ART. XX. The consul shall be the judge in Conful's all disputes between his fellow.citizens or sub, jurisdicjects, as also between all other persons who may !
qy his counbe immediately under his protection; and in romena all cases wherein he shall require the assistance of the government where he resides to fanction his decisions, it shall be granted to him.
Art. XXI. If a citizen or subject of one of
ment or the parties shall kill, wound, or strike a citizen perfonal or subject of the other, justice shall be done assaults, according to the laws of the country where committhe offence shall be committed : The consula
Gaged by the
ul subjects of shall be present at the trial; but if any offender one party shall escape, the consul shall be in no manner upon those responsible for it.
other. ART XXII. If a dispute or law.suit on com. mercial or other civil matters shall happen, the
he Trial of trial shall be had in the presence of the consul, un civil
disputes or of a confidential person of his choice, who niatters shall represent him, and endeavour to accom- between modate the difference which may have hap. them. pened between the citizens or subjects of the two nations.
ART. XXIII. If any difference or dispute shall take place concerning the infraction of any article of the present treaty on either side, peace differen.
national and good harmony shall not be interrupted, ces, acuntil a friendly application shall have been commomade for satisfaction, and resort shall not be dation to had to arms therefor, except where such appli
pole tempted cation shall have been rejected ; and if war be before rethen declared, the term of one year shall be al- course is lowed to the citizens or subjects of the contract. had to ing parties to arrange their affairs, and to with." draw themselves with their property.