ART. XI. When a veffel of war of the Uni- Salutes. ted States of America fhall enter the port of Tunis, and the conful fhall request that the caftle may falute her, the number of guns shall be fired which he may requeft; and if the faid conful does not want a falute, there fhall be no question about it.

But in cafe he fhall defire the falute, and the number of guns fhall be fired which he may have requested, they fhall be counted and returned by the veffel in as many barrels of cannon powder.

The fame shall be done with refpect to the Tunisian corfairs when they shall enter any port of the United States.

ART. XII. When citizens of the United Privileges States fhall come within the dependencies of of merTunis, to carry on commerce there, the fame chants. respect shall be paid to them which the merchants of other nations enjoy; and if they wish to establish themselves within our ports, no opposition fhall be made thereto; and they fhall. be free to avail themselves of such interpreters as they may judge neceffary, without any obftruction, in conformity with the ufages of other nations; and if a Tunisian subject fhall go to establish himself within the dependencies of the United States, he fhall be treated in like

manner.

If any Tunisian subject shall freight an Ame- Tunifian rican veffel and load her with merchandize, and fubject fhall afterwards want to unlade or fhip them freighting an A. on board of another veffel, we will not permit merican him, until the matter is determined by a refe- veffel, &c. rence of merchants, who fhall decide upon the cale; and after the decifion, the determination fi.all be conformed to.

No captain fhall be detained in port against
VOL. V.

E 2

Embar

goes.

Protec

of the par

his confent, except when our ports are shut for the veffels of all other nations, which may take place with respect to merchant veffels, but not to thofe of war.

The fubjects of the two contracting powers tion of the fhall be under the protection of the Prince, and fubjects under the jurifdiction 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 fhall be made

ties.

Govern

Tunis

to us.

In case the government fhall have need of an ment of American merchant veffel, it fhall cause it to be freighted, and then a fuitable freight fhall be paid to the captain agreeably to the intenAmerican tion of the government, and the captain shall not refuse it.

may

freight

veffels.

on board

Enemy's ART. XIII. If among the crews of merchant fubjects, veffels of the United States, there fhall be found the veffels fubjects of our enemies, they fhall not be made of the par- flaves, 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 flaves: The present they fhall article only concerns the failors, and not the paffengers, who shall not be in any manner molefted.

be made Alaves.

Duties to be reci

ART. XIV. A Tunisian merchant, who may go to America with a veffel of any nation foever, procally loaded with merchandize which is the producpaid. tion of the kingdom of Tunis, fhall pay duty (fmall as it is) like the merchants of other nations; and the American merchants fhall equally pay for the merchandize of their country, which they may bring to Tunis under their flag, the fame duty as the Tunifians pay in

Americă.

But if an American merchant, or a merchant of any other nation, fhall bring American merchandize under any other flag, he shall pay fix per cent. duty: In like manner, if a foreign merchant fhall bring the merchandize of his country under the American flag, he thall alfo pay fix per cent.

of com

centra

ART. XV. It fhall be free for the citizens of Liberty the United States to carry on what commerce they please in the kingdom of Tunis, without merce, any oppofition, and they fhall be treated like band exthe merchants of other nations; but they fhall cepted. not carry on commerce in wine, nor in prohibited articles: And if any one fhall be detected in a contraband trade, he shall be punished according to the laws of the country. The commandants' of ports and castles fhall take care, that the captains and failors shall not load prohibited articles; but if this fhould happen, those who fhall not have contributed to the fmuggling fhall not be molefted nor fearched, no more than fhall the veffel and cargo; but only the offender, who fhall 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 vessels. against his will, until the freight shall pe paid.

ART. XVI. The merchant veffels of the United States which shall cast anchor in the road Duty of of the Gouletta, or any other port of the king- anchordom of Tunis, fhall be obliged to pay the fame age. anchorage for entry and departure which French veffels pay, to wit: Seventeen piasters and an half, money of Tunis, for entry, if they import merchandize; and the fame for departure, if they take away a cargo; but they fhall not be obliged to pay anchorage if they arrive in ballaft, and depart in the fame manner.

ART. XVII. Each of the contracting parties Right of having a fhall be at liberty to establish a conful in the Conful, dependencies of the other; and if fuch conful and his does not act in conformity with the ufages of privileges the country, like others, the government of the

No refponfibility for

place fhall inform his government of it, to the end that he may be changed and replaced; but he fall enjoy, as well for himself as his family and fuite, the protection of the government; And he may import for his own ule all his provifions and furniture without paying any duty; and if he shall import merchandize (which it fhall be lawful for him to do) he fhall pay duty

for it.

ART. XVIII. If the fubjects or citizens of either of the contracting parties, being within the poffeffions of the other, contract debts, or enter into obligations, neither the conful nor fubjects the nation, nor any fubjects or citizens thereof contrac- fhall be in any manner refponfible, except they ting debts or the conful fhall have previously become

&c.

Admini

bound in writing: And without this obligation in writing, they cannot be called upon for indemnity or fatisfaction,

ART. XIX. In case of a citizen or subject of either of the contracting parties dying within ftration the poffeffions of the other, the conful or the of the ef- vekil fhall take poffeffion of his effects, (if he fects of a does not leave a will) of which he fhall make

decedant.

an inventory; and the government of the place shall have nothing to do therewith. And if there thall be no conful, the effects fhall be depofited in the hands of a confidential perfon of the place, taking an inventory of the whole, that they may eventually be delivered to those to whom they of right belong.

tion over

ART. XX. The consul shall be the judge in Conful's all difputes between his fellow-citizens or fub- jurifdicjects, as alfo between all other perfons who may his counbe immediately under his protection; and in all cafes wherein he shall require the affiftance of the government where he refides to fanction his decifions, it fhall be granted to him.

trymen.

Punish

ment or

ART. XXI. If a citizen or subject of one of the parties fhall kill, wound, or ftrike a citizen perfonal or subject of the other, juftice (hall be done affaults, according to the laws of the country where committhe offence fhall be committed: The conful ed by the fubjects of shall be prefent at the trial; but if any offender one party fhall escape, the conful fhall be in no manner upon thofe responsible for it.

of the
other.

Trial of

difputes

ART XXII. If a dispute or law-fuit on commercial or other civil matters shall happen, the trial shall be had in the prefence of the conful, on civil or of a confidential perfon of his choice, who matters fhall represent him, and endeavour to accom- between modate the difference which have hap- them. may pened between the citizens or fubjects of the two nations.

In cafe of

national

be at

ART. XXIII. If any difference or dispute fhall take place concerning the infraction of any article of the present treaty on either fide, peace differenand good harmony fhall not be interrupted, ces, acuntil a friendly application fhall have been commomade for fatisfaction; and refort fhall not be dation to had to arms therefor, except where fuch appli- tempted cation fhall have been rejected; and if war be before rethen declared, the term of one year fhall be al- courfe is lowed to the citizens or fubjects of the contract- had to ing parties to arrange their affairs, and to withdraw themselves with their property.

arms.