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ART. XI. When a vessel of war of the Uni-Salutes. ted States of America shall enter the port of Tunis, and the consul shall request that the castle 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 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 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 veffel and load her with merchandize, and subject fall afterwards want to unlade or ship them freighton board of another vessel, we will not permit ng inahiin, until the matter is determined by a refe- vessel, &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
VOL. V,

E2

Embara

goes •

Protec

his consent, except when our ports are shut for the vefsels of all other nations, which may take place with respect to merchant vessels, but not to those of war.

The subjects of the two contracting powers tion of the shall be under the protection of the Prince, and subjects under the jurisdiction 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 shall be made

of the par

ties.

to us.

may

vefsels.

on board

they Mall

Govern. In case the government shall have need of an ment of American merchant vefsel, it shall cause it to Tunis

be freighted, and then a suitable freight fnall freight be paid to the captain agreeably to the intenAmerican tion of the government, and the captain shall

not refuse it. Enemy's ART. XIII. If among the crews of merchant subjects veffels of the United States, there shall be found the vessels subjects of our enemies, they shall 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

article only concerns the sailors, and not the passengers, who shall not be in any manner molested.

ART. XIV. A Tunisian merchant, who may

go to America with a vessel of any nation foever, 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 na. tions; and the American merchants shall equally pay for the merchandize of their country, which they may bring to Tunis under their flag, the fame duty as the Tunisians pay in Americà.

be inade Haves.

Duties to be reci.

But if an American merchant, or a merchant of any other nation, fhall bring American merchandize under any other flag, he shall рау

fix per cent. duty: In like manner, if a foreign merchant shall bring the merchandize of his country under the American flag, he ihall also pay fix 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 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 conmandants of ports and castles shall take care, that the captains and failors shall not load

prohibited articles; but if this should happen, those who shall not have contributed to the smuggling shall not be molested nor searched, no morethan 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 vessels. 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 departure, 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.

and his

Right of

ART. XVII. Each of the contracting parties having a shall be at liberty to establish a consul in the Conful, dependencies of the other; and if such conful

does not act in conformity with the usages of privileges

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 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 Ihall be lawful for him to do) he shall pay duty for it.

lity for

ART. XVIII. If the subjects or citizens of

either of the contracting parties, being within No re

the poffeffions of the other, contract debts, or fponfibi

enter into obligations, neither the consul nor subjects

the nation, nor any subjects or citizens thereof contrac- shall be in any manner responsible, except they ting debts or the consul shall have previously become

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

&c.

Art. XIX. In case of a citizen or subject of Admini

either of the contracting parties dying within ftration the possessions of the other, the conful 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 decedant.

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

cion over bis coun

trymen.

ART. XX. The consul shall be the judge in Conful's all disputes between his fellow-citizens or Tub- jurisdicjects, as also between all other persons who

may be immediately under his protection; and in

. all cases wherein he shall require the assistance of the government where he resides to fanction his decisions, it shall be granted to him.

PunishArt. XXI. If a citizen or subject of one of the parties hall kill, wound, or strike a citizen perfonal or subject of the other, justice shall be done affaults, according to the laws of the country where committhe offence shall be committed : The consul

ed by the

subjects of shall be present at the trial ; but if any offender fhall escape, the consul shall be in no manner upon those responsible for it.

ment or

one party

of the
other.

Trial of

on civil

ART XXII. If a dispute or law-suit on commercial or other civil matters shall happen, the

disputes trial shall be had in the presence of the consul, or of a confidential person of his choice, who matters shall represent him, and endeavour to accom- between modate the difference which may have happened between the citizens or subjects of the two nations.

them.

national

ART. XXIII. If any difference or dispute

In case of shall take place concerning the infraction of any article of the present treaty on either fide, peace differenand good harmony shall not be interrupted, ces, acuntil a friendly application shall have been commomade for fatisfaction; and resort shall not be

dation to had to arms therefor, except where such appli

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.

be at

arms.

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