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About Google Book Search Google's mission is to organize the world's information and to make it universally accessible and useful. Google Book Search helps readers discover the world's books while helping authors and publishers reach new audiences. You can search through the full text of this book on the web at |http: //books .google .com/I (A\'re.r>\*jr. So UK. I ■■■ ■:^' Intemat • SO U.K. COMPLETE COLLECTION OF THE TREATIES AND CONVENTIONS AT PRESENT SUBSISTING BETWEEN GREAT BRITAIN ^ FOREIGN POWERS; SO FAR AS THEY RELATE TO COMMERCE AND NAVIGATION; TO THE REPRESSION AND ABOLITION OF THE SLAVE TRADE; AND TO THE PRIVILEGES AND INTERESTS OF THE SUBJECTS OF THE? HIGH CONTRACTING PARTIES. THE WHOLE IN ENGLISH, AND THE MODERN TREATIES, AND MOST IMPORTANT DOCUMENTS, ALSO IN THE FOREIGN LANGUAGES IN WHICH THEY WERE SIGNED. COMPILED FROM AUTHENTIC DOCUMENTS By lewis HERTSLET, Esq. LIBBARIAN, AND KBBFBB OF THE PAPEB8, FOBEION OFFICE. /N TWO VOLUMES. VOL. I. , . LONDON: PBINTED FOK T. EOERTQN, BOOKSELLER TO THE ORDNANCE, WHITEHALL. ' I ■■ ■ ■ 1820. >^r Ik/ London : Printed by C. Rowortfi^ Beli-ynnU TonH>lo-l>nr. LIST OF TREATIES, &c. VOL. L AUSTRIA. Page pRELiMiNART Treaty of Alliance^ signed at Toplitz^ 3d October^ 1813 (Extract.) 3 General Treaty, signed in Congress at Vienna, 9th June, 1815. (Extract,) 3 Declaration of the Powers on the Abolition of the Slave Trade, Vienna, 8th February, 1815 9 Regulations for the free Navigation of Rtcers 15 Articles concerning the Navigation of the Rhine .... 1 9 Articles concerning the Navigation of the Neckar^^ the MaynCy the Moselle, the MemCy and the Scheldt ... 41 Treaty, signed at Paris, 5th November, 1815, relative to the United States of the Ionian Islands 45 Qoxi&i\i\xi\oxi2X ChaH oi \ht Ionian Islands , . (Extract,) 53 BARBARY STATES. ALGIERS. Treaty, signed at Algiers, 10th April, 1682 58 Do do. . . 5th April, 1686 66 Do do. 17th August, 1700 72 Do do. 28th October, 1703 74 Do. .... do. 29th October, 1716 75 Do do.. 18th March, 1729 78 iv LIST OF TREATIES, &C. Additional Article, signed at Algiers, 3d June, 1751 Treaty do. .. 14th May, 1762 Do do. . . 3d August, 1765 bo do. . 3d September, 1800 Do do. . . 19th March, 1801 Do do. . . 3d AprU, 1816 Additional Article . . do. . . 20th May, 1816 Treaty do. . . 28th August, 1816 Declaration of the Dey, abolishing Christian Slavery Page 79 80 81 83 84 84 86 86 87 MOROCCO. Treaty, signed at Fez, 23d January, 1721 89 Additional Articles, do. . 10th July, 1729 93 Treaty . . . do. 15th December, 1734 95 Do do. 15th January, 1750 96 Additional Articles, do. 1st February, 1751 97 Treaty ... do. . 28th July, 1760 100 Additional Articles, signed at Sallee, 24th May, 1783 . .110 Treaty . . . .do. . . do. . 8th April, 1791 . . 112 TRIPOLI. Treaty, signed at Tripoli, 18th October, 1662 Do do. . . 5th March, 1671^ Do do. . . 1st May, 1676 Additional Articles do. . 11th October, 1694 Treaty. . . . do. , . 19th July, 1716 Do. . . . .^ do. 19th September, 1751 Do do. . . 22d July, 1762 Do do. . . 10th May, 1812 Do. .... do. . 29th April, 1816 Declaration of the Bey, abolishing Christian Slavery . 125 . 128 . 134 . 136 . 137 . 143 . 151 . 152 . 153 . 155 TUNIS. Treaty, signed at Tunis, 5th October, 1662 157 Do do. 30th August, 1716 159 Do. . . at Bardo, 19th October, 1751 164 LIST OF TREATIES^ &C. V Page Treaty, signed at Bardo, 22d June, 1762 171 Do do. . . 2d May, 1812 173 Do do. .. 17th April, 1816 174 Declaration of the Bey, abolishing C^m^ia/z 5/atrry . . .177 Do. . . . do. . . engaging that Tunisian Ships shall not cruize in the British Channel, 19th October, 1817 .177 DENMARK. Treaty, signed at Whitehall, 13th February, 1660—1. (Extract) 179 Do. . . . Copenhagen, 11th July, 1670 . . . (rfo.) 186 Declaration, Explanatory of the 3d Article of the Treaty of 1670, signed at Copenhagen, 4th July, 1780 203 Treaty of Accession to the Convention between Great Britain and Russia of the -^ June, 1801 3 signed at Moscow, -J^ October, 1801 205 Treaty, signed at Kiel, 14th January, 1814 . . . (Extract.) 229 Additional Articles, signed at Liege, 7th April, 1814 . .(do,) 233 FRANCE. Treaty of Peace and Friendship, signed at Utrecht fJ^^J^ 1713. (Extract.) 237 Definitive Treaty, signed at Paris, 10th February, 1763 (do.) 239 Do. . . . do. Versailles, 3d SeptAnber, 1783 (do.) 241 Declarations respecting the Fishery on the Coast of Newfoundland 243 Convention for the Suspension of Hostilities, signed at Paris, 23d April, 1814 (Extract.) 247 Defilaitive Treaty, signed at Paris, 30th May, 1814 . . (do.) 249 Additional Articles . do. ... do 261 Convention relating to the East Indies, signed at London, 7th March, 1815 265 Definitive Treaty, signed at Paris, 20th November, 1815 (Extract) 273 Additional Article relating to the Skeoe Trade 277 vi LIST OF TREATIES, &C. Page Convention (No. 7.) relative to the Claims of British Subjects, signed at Paris, 20th November, 1815 277 Additional Article, relative to the Bourdeaux Claims . . . 297 Convention (No. 13.) relative to the Private Claims upon France, signed at Paris, 20th November, 1815 299 Convention for the final Arrangement of the Claims of British Stib- jects, signed at Paris, 25th April, 1818 329 Separate Article, relative to the Bourdeaux Claims . . . 335 Additional Articles, . . do. . . . do, . . signed at Paris, 4th July, 1818 335 Convention for the final Liquidation of the Prvoate Claims upon France, signed at Paris, 25th April, 1818 337 MADAGASCAR. Treaty for the Extinction of the Slaxe Trade and of Piracy, signed at Tamatave, 23d October, 1817 354 NETHERLANDS. Convention, signed at London, 13th August, 1814 359 Additional Articles . . do. . . do 365 Convention relative to the Colonies of Demerara, Essequebo and Berbice, signed at London, 12th August, 1815 . . 369 Treaty for the Prevention of the Sla:oe Trade, signed at the Hague, 4th May, 1818 ! < . . 381 Instructions for the British and Netherland Ships of War . 393 Regulations for the Mixed Courts of Justice 395 PERSIA. Definitive Treaty of Friendship, signed at Tehran, 25th November, 1814 (Extract.) 408 TREATIES WRLkrmQ TO COMMERCE AND NAVIGATION. VOL. I. D AUTRICHE. TRAITife PRELIMINAIRE D'ALLIANCE entre la Grande Bretagne et l^Autriche, Signi a ToeplitZy h 3 Octobre, 1813. EXTRAIT. I. Il y aura ainiti6 et concorde sincere et constante entre Sa Majesty le Roi du Royaume Uni de la Grande Bretagne et de rirlande, et Sa Majest6 TEmpereur d'Autriche, Roi de Hongrie et de Bohfeme, leurs h6ritiers et successeurs ; et les anciennes liaisons entre les deux cours seront r^tablies dand toute leur 6ten- due. VI. Les relations coBimerciales entre les deux pays sont re- spectivement r^tablies. Fait d Toeplitz le 3 Octobre, 1813. Sign6 Aberdeen. j-Clement Wenceslas Lothaire, — <Comte de Metternich Winnebourg- t Ochsenhausen. TRAITfe G]6n6RAL, signe en Congrh a Fienne, le 9 Juin, 1815. EXTRAIT. ' XCVI. Les principes g6n6raux, adopt^s par le Congr^s de Vienne, pour la navigation des fleuves, seront appliques k celle du Pd. DesCommissaires seront nomm6s par les 6tats riverains, au plus tard dans le d^lai de trois mois apr^s la fin du Congr^s, pour r^gler tout ce qui a rapport d Tex^cution du- present article. CVIII. Les Puissances dont les 6tats sont s6par6s, ou traverses par una m^me fivi^re navigable, s'engagent k r6gler, d'un commun AUSTRIA. PREUMINARY TREATY OF ALLIANCE betmem Great Britain and Austria, Signed at Toplitz, 3J October, 1813. Extract. (Translation. J L Thbre shall be a sincere and lasting friendship and onion between His Majesty the King of the United Kingdom <^ Great Britain and Ireland, apd Hb Majesty die Emperor of Aostria, their heirs and successors ; and the andent ties whidi subsisted between the two courts shall be re-established in iheir fullest ex- tent. VI. The commercial relations between the two countries are re-estabUshed on both sides. Signed at Toplitz, 3d October, 1813. Signed Aberdeen. r Clement Wenceslas Loth aire, — < Comte de Metternich Winnebourg* V OCHSENHAVSEN. GENERAL TREATY, s^d in Congress at Vienna, 9 June, 1815.* Extract. (Translation, as laid before Parliament.) XCVl. The general principles, adopted by the Congress at Vioma, for the navigation of rivers, shall be applicable to that of thePo. Commissioners shall be named by the states bordering on rivers, within diree months at latest after die termination of the Coi^ress, to regulate all that concerns die executicm of die present article. CVIII. The Powers whose states are separated, or crossed by the same navigable river, engage to regulate, by common consent, * Since acceded to by all die odier powers of Europe. b2 4 AUTRICHE. accord, tout ce qui a rapport k la navigation de cette riviere. Elles nommeront, k cet effet, des Commissaires, qui se r6uniront, au plus tard, six niois apris la fin du Congr^s, et qui prendront pour bases de leurs travaux, les principes ^tablis dans les Articles suivans. CIX. La navigation dans tout le cours des rivieres indiqu6es dans I'ar tide pr^c6denty du point oik chacune d'elles devient navi-> gable jusqu'a son embouchure, sera enti^rement libre, et ne pourra, sous le rapport du commerce, ^tre interdite k personne ; bten entendu, que I'on se conformera aux r6glemens relatifs k la police de cette navigation ; lesquels seront congus d'une mani^re uniforme pour tons, et aussi favorable que possible au commerce de toutes les nations. ex. Le syst^e qui sera 6tabli, tant pour la perception des droits que pour le maintien de la police, sera, autant que faire se pourra, le m&me pour tout le cours de la riviere, et s'6tendra aussi, k moins que les circonstances particuli^res ne s'y opposent, sur ceux de ses embranchemens et confluens qui, dans leur cours navigable, s^parent ou traversent diff^rens 6tats. CXI. Les droits sur la navigation seront fix6s d'une mani^re uniforme, invariable, et assez ind^pendante de la qualit6 diff^rente des marchandises, pour ne pas rendre n6cessaire un exanien d6- tailI6 de la cargaison, autrement que pour cause de fraude et de contravention. La quotit6 de ces droits, qui, en aucun cas, ne pourront exc6der ceux existens actuellement, sera d6termin6e d'apr^s les circonstances locales, qui ne permettent gu^res d'6ta- blir une r^gle g6n6rale k cet 6gard. On partira n^anmoins, en dressant le tarif, du point de vue d'encourager le commerce en facilitant la navigation ; et I'octroi 6tabli sur le Rhin pourra ser- vir d'une norme approximative. Le tarif une fois r6gl6, il ne pourra plus 6tre augment^ que par un arrangement commun des ^tats riverains, ni la navigation gr6- \ie d'autres droits quelconques, outre ceux fixes dans le r6gle- ment. CXII. Les bureaux de perception, dont on r^duira autant que possible le nombre, seront fix^s par le r^glement, et il ne pourra s'y faire ensuite aucun changement, que d'un commun accord, k AUSTRIA. 5 mil that regards its navigs^tion. For this purpose they will name Commissioners, who shall assemble, at latest, within six months after the termination of the Congress, and who shall adopt, as the basis of their proceedings, the principles established by the fol- lowing Articles. CIX. The navigation of the rivers, along their whole comrse, referred to in the preceding article, from the point where each of them becomes navigable, to its moiith, shall be entirely free, and shall not, in respect to commerce, be prohibited to any one ; it being understood that the regulations established with regard to the police of this navigation, shall be respected ; as they will be framed alike for all, and as favourable as possible to the com- merce of all nations. ex. The system that shall be established, both for the col- lection of the duties and for the maintenance of the police, shall be, as nearly as possible, the same along the whole course of the river; and shall also extend, unless particular circumstances pre- vent it, to those of its branches and junctions, which, in their na- vigable course, separate or traverse different states. . CXI. The duties on navigation shall be regulated in an uni- form and settled manner, and with as little reference as possible to the different quality of the merchandize, in order that a minute examination of the cargo may be rendered unnecessary, except with a view to prevent fraud and evasion. The amount of the duties, which shall in no case exceed those now paid, shall be determined by local circumstances, which scarcely allow of a ge- neral rule in this respect. The tarif shall, however, be prepared in such a manner as to encourage commerce by facilitating navi- gation ; for which purpose the duties established upon the Rhine^ and now in force on that river, may serve as an approximating rule for its construction. The tarif once settled, no increase shall take place therein, ex- cept by the compion consent of the states bordering on the rivers ; nor shall the navigation be burthened with any other duties than those fixed in the regulation. CXII. The offices for the collection of duties, the number of which shall be reduced as much as possible, shall be determined upon in the abpve regulation, and no change shall afterwards he b3 ' 6 AUTRICHE. I moins qu'un des Etats Riveraitis ne vouldt diminuer le nombre de ceux qui lui appAitietinent exclusivement. CXIIL Chaque Etat Riveram se chargera de I'entretieii des chemins de hallage qui passent par son territoire, et des travaux n^cessaires pour la m^me 6tendue dans le lit de la rivi^reji pour ne iaire 6prouver aucun obstacle d la navigation. Le r6glement fiitur fixera la mani^re dont les Etats Riverains devront concourir k ces dcmiers travaux^ dans le cas oil les deux rives appartiennent i diff6rens gouvememens. CXIV. On n'6tablira nuUe part des droits d'6tape, d'^chelle> ou de relftche forc6e. Quant k ceux qui existent d6ji, ils ne se- ront conserves qu'en tant que les Etats Riverains, sans avoir 6gard d rint^r&t local de Tendroit, ou du pays oh ils sont 6tablis, les trouveroient ii6cessaires ou utiles d la navigation et au commerce en general. CXV. Lies douanes des Etats Riverains n'auront rien de com- muh avec les droits de navigation. On emplchera, par des dis- positions r^glementaires, que Texercice des fonctions des douailiers ne mette pas d'entraves d la navigation ; mais on surveillera, psyr une police exacte sur la rive, toute tentative des habitans de faire la contrebande d I'aide des bateliers. CXVI. Tout ce qui est indiqu6 dans les Articles pr6c6den8^ sera d6termin4 par un r6glement conimun, qui renfermera 6gale- ment tout ce qui auroit besoin d'etre fix6 iilt^rieurement. Le r^glement, une fois arrfet^, ne pourra fetre change, que du con- sentement de tons les Etats Riverains, et ils auront soin de pour* voir k son execution d'une mani^re convenable, et adapt6e aux circonstances et aux localit6s. CXVII. Les R6glemens particuliers r^latifs k la navigation du Rhin, du Neckar, du Mein, de la Moselle, de la Meuse, e€ de TEscaut, tels qu'ils se trouvent joints au present Acte, auront la mfeme force et valeur que s'ils y avaient 6t6 textuellement in- 86r6s. CXVIIL Les Trait6s, Conventions, Declarations, R^glemens, AUStRIA. r made, but by common consent^ uidess any of the States bordering on the Rivers should wish to diminish the number of those which exclusively belong to the same. CXIII. Each State bordering on the Riv^s is to be at the ex- pense of keeping in good repair the towing paths which pass through its territory^ and of maintaining the necessary works through the same extent in the channels of the river^ in order that no obstacle may be experieticed to the navigiition. The intended regulation shall determine the manner in which the States bordering on the Rivers are to participate in these latter works> where the opposite banks belong to different govern- ments. CXIV4 There shall nb wherd be established store-house, port, or forced harbour duties. Those already existing shall be pr^ served for such time dnly as the States bordering on Rivers (with- out regard to the loc^I interest Of the place or the country where they are established) shall £nd thedi necessary or useful to navi- gation and commerce in general. CXV. The custom-houses belonging to the States bordering on Rivers shall not interfere in the duties of navigation. Regula- tions shall be established to prevent ofl9cers of the customs, in the exercise of their functions, throwing obstacles in the way of the navigation ; but care shall be taken, by means of a strict police on the bank> to preclude every attempt of the inhabitants to smuggle goods, through the medium of boatmen. CXVI. Every thing expressed in the preceding Articles shall be settled by a general arrangement, in which there shall also be comprized whatever tnay need an ulterior determination. Tlie arrangement once settled, shall not be changed, but by and with the consent of all the States bordering on Rivers, and they shall take care to provide for its execution with due regard to circumstances and locality. CXVII. The particular regulations relative to the navigation of the Rhine, the Neckar, the Maine, the Moselle, the Meuse, and the Scheldt, such as they are annexed to the present Act, shall have the same force and validity as if they were textually inserted herein. CXVIII. The Treaties, Conventions, Declarations, Regula- B 4 8 AUTRICHE. et autres Actes particuliers, qui se trouvent annexes au present Acte, et nomm^ment : XV. La Declaration des Puissances sur TAbolition de la Traite des N^gres, du 8 F^vrier, 1815 ; XVI. Les R^glemens pour la libre navigation des rivieres; sont consid6r6s comme parties int^grantes des arrangemens du Congris, et aurout partout la m^me force et valeur que s'ils ^toient ins6r6s mot k mot dans le Trait6 G^n^ral. Fait k Vienne^ le Neuf Juin, de I'An de Gr&ce, Mil-Huit-Cent Quiuze. (Suivent les Signatures dans Fordre alphab6tique des Cours.) Autriche, (L.S.) Le Prince de Metternich. (L.S.) Le Baron de Wessenberg. JEspagnCf France, (T-.S.) Le Prince de Talleyrand. (L.S.) Le Due de D'Alberg. (L.S.) Le Comte Alexis de Noailles. Grande Br it ague, (L.S.) Clancarty. (L.S.) Cathcart. (L.S.) Stewart, L. G. Portugal, (L.S.) Le Comte de Palmella. (L.S.) Antonio de Saldanma da Gama. (L.S.) D. Joachim Lobo de Silveira. Prusse, (L.S.) Le Prince de Hardenberg. (L.S.) Le Baron de Humboldt. Russie, (L.S.) Le Prince de Rasoumoffsky. (L.S.) Le Comte de Stack elberg. (L.S.) Le Comte de Nesselrode. Suide, (L.S.) Le Comte Charles-Axel de Lowenhielm. ACTE XV. Declaration des Puissances sur VAbolition de la Traite des Negres, du 8 Fevrier, 1815. Les Pl6nipotentiaires des Puissances qui ont sign6 le Trait6 de Paris, du SO Mai, 1814, r6unis en conference : AUSTRIA. 9 tioDs, and other particular Acts which are annexed to the present Act, viz, XV. The Declaration of the Powers on the Abolition of the Slave Trade, of the 8th of February, 1815; XVI. The Regulations respecting the free navigation of rivers ; shall be considered as integral parts of the arrangements of the Congress, and shall have, throughout, the same force and validity as if they were inserted, word for word, in the General Treaty. Done at Vienna, the gth of June, in the year of our Lord 1815. (The Signatures follow in the alphabetical order of the Courts.) The Prince de Metternich. The Baron de Wessenberg. The Prince de Talleyr/lnd. The Duke de D'Alberg. The Count Alexis de Noailles. Clancarty. Cathcart. Stewart, L. G. The Comte de Palmella. Antonio de Saldan^a da Gama. D. JoAQuiM LoBO da Silveira. The Prince de Hardenberg. The Baron de Humboldt. The Prince de Rasoumoffsky. The Count de Stackelberg. The Count de Nesselrode. The Count Charles-Axel de LOWENHIELM. ulustria, (L.S.) (L.S.) France, (L.S.) (L.SO (L.S.) Great Britain, (L.S.) (L.S.) (L.S.) Portugal, (L.S.) (L.S.) (L.S.) Prussia, (L.S.) (L.S.) Russia, (L.S.) (L.S.) (L,S.) Spain Sweden, (L.S.) ACT No. XV. (Translation as laid before Parliament.) Declaration of the Powers, on the Abolition of the Slave Trade, of the Sth February, 1815. The Plenipotentiaries of the Powers who signed the Treaty of Paris of the 30th May, 1814^ assembled in conference: 10 AUTRICHE. jAyant pris en consideration que le commerce connu sous \e nom de ** Traite des N^gres d'Afrique," a 6t6 envisag6 par les hommes justes et ^clair^s de tous les terns, comme repugnant aux principes d*humanit6 et de morale universelle ; Que les circonstances particuli^res auxquelles ce commerce a dt sa naissance, et la difficult^ d'en interrotnpre brusquement le courSy ont pii couvrir, jusqu'i un certain point, ce qu'il y avoit d'odieux dans sa conservation ; mais qu'enfin la voix publique s'est eiey6e dans tous les pays civilises pour demander qu'il soit sup- prime le pliitdt possible ; Que depuis que le caraCtdre et les details de ce commerce ont 6t6 mieux connus^ et les maux de toute esp^ce qui I'accompagnent complettement d6voil6s, plusieurs des Gouvememens Europ^ens ont pris en efFet la resolution de le faire cesser, et que successive- ment toutes les Puissances poss6datit des Colonies dans les diiF6- rentes parties du monde, ont reconnu, soit par des Actes L6gis- latifs, soit par des Trait^s, et autres engagemens formels, I'oblr- gation et la n6cessit6 de Tabolir ; Que par un Article s6par6 du dernier Trait6 de Paris, la Grande Bretagne et la France se sont engag^es k r^unir leurs efforts au Congr^s de Vienne, pour faire prononcer, par toutes les Puis- sances de la Chr6tient6, 1' Abolition universelle de la Traite des N^gres; Que les PI6nipotentiaires rassembl^s dans ce Congr^s, ne sau- raient mieux honorer leur mission, remplir leiir devoir et manifes- ter les principes qui guident leurs Augustes Souverains, qu'en travaillant d r^aliser cet engagement, et, en proclamant, aux noms de leurs Souverains, le voeu de mettre un tenne d un fl6au qui a si long terns d^sol^ I'Afrique, d6grad6 1'Europe, et afflig6 rbumanit6. Les dlts Pl6nipotentiaires sont convenus d'ouvrir leurs delibera- tions sur les moyens d'accomplir un objet aussi salutaire, par une declaration solemnelle des principes qui les ont dirige dans ce travail. En consequence, et duement autorises k cet Acte par I'adhesion unanime de leurs Cours respectives au principe enonce dans le dit Article separe du Traite de Paris, ils dedarent, k la face de FEurope, que, regardant I'abolition universelle de la Traite des AUSTRIA. II HavB^ Uken mta oonndendcn tikat Ikt coaunercc^ knowa h/ the name of ^ the Slave TraMfe,*' hat been coaaidned by jaat aad en^htened men of all ages, as repugiumt to the pririplra cf liumani^ and universal moralitj; thst fhr iiirrirriu i iii mnirtBiiB from which this conunerce has oi^iBated, and the difiu dty of abruptly arrestkig its progress, may have oonceakd, to ft certain extent, what was odiods in its c ontinuan ce; but that aft kngtb tbe public Yoice, m all civilised countries^ caUs alond lor its prampt suppression; that smce the character and the detads of tUa traffic have been better known, and the evils of every kind whick attend it, completely developed, several European G o i umn enla have, virtuaUy, come to the resolution of putting ft stop to it,and that, successively, all die Powers possessing Colomea in diff c ic n t parts of the world have acknowledged, either by Leg^lative Acts, or by Treaties, or other formal engagements, tbe dnty and 6ity of abolishing it: That by a separate Article of the late Treaty of Paris, Great Britain and France engaged to unite their efforts at the Coi^reaa of Vienna, to induce adl the Powers of Quistendom to procbdm the universal and definitive Abolition of the Slave Trade : That the Plenipotentiaries assembled at thb Congress cannot do greater credit to their mission, better fulfil their duty, and manifest Ae principles which actuate their august Sovere^ns, than by endeavouring to carry this engagement into efiect, and by proclaiming, in the name of their Sovereigns, their vrish of pnttmg an end to a scourge, which has so long desolated Afrka, degraded Europe, and afflicted humanity : The said Plenipotentiaries have agreed to open their deli- berations, on the means of accomplishing so salutaiy an object, by a solemn declsutition of the prmci[4es which have governed them in this undertaking ; accordingij, being duly authorized for this purpose, by the unanimous accession of their respective Courts to the principle laid down in the said separate Article of the Treaty of Paris ; they declare, in the face of Europe, that, considering the imiversal aboUticm of the Slave Trade as a mea- 12 AUTRICHE. N^gres comme une mesure particuliirement digne de leur atten- tion, conforme d Pesprit du si^cle et aux principes g6n6reux de leurs Augustes Souverains, ils sont animus du d6sir sincere de concourir k I'ex^cution de la plus prompte et la plus efficace de cette mesure, par tous les moyens d leur disposition, et d'agir, dans I'emploi de ces moyens, avec tout le z^le et toute la pers6fve- rance qu'ils doivent d une aussi grande et belle cause. Trop instruits toutefois des sentimens de leurs Souverains, pour ne pas pr6voir que, quelqu'honorables que soit leur but, ils ne le poursuivront pas sans de justes m^nagemens pour les in- t6r^ts, les habitudes, et les preventions m^me de leur sujets, les dits Pl^nipotentiaires reconnoissent, en m^me terns, que cette Declaration g6n6rale ne sauroit pr6juger le terme que chaque Puissance en particulier pourroit envisager comme le plus con- venable, pour Tabolition definitive du Commerce des N^gres. Par consequent, la determination de repoque oit ce commerce doit universellement cesser, sera un objet de negociation entre les Puissances ; bien entendu que Ton ne negligera aucun moyen propre k en assurer et d en acceierer la marche, et que Tengage- ment reciproque contracte par la presente declaration entre les Souverains qui y ont pris part, ne sera considere comme rempli qu'au moment oii un succ^s complet aura couronne leurs efforts reunis. En portant cette Declaration d la connoissance. de I'Europe et de toutes les nations civilisees de la terre, les dits Pienipoten- .tiaires se flattent d'engager tous les autres Gouvememens, et notamment, ceux qui, en abolissant la Traite des N^gres, ont manifeste dejd les m^mes sentimens, k les appuyer de leur i^ffrage dans une cause, dont le triomphe final sera un des plus beaux monumens du siicle qui Fa embrassee, et qui Taura glo- rieusement terminee. Vienne, le 8 Fevrier, 1815. Signe Castlekeagh. Palmella. Stewart, Lieut. Gen. Saldanha. Wellington. Lobo. Nesselrode. Humboldt. C. LOWENHIELM. MeTTERNICH. Gomez Labrapob. Talleyranp. AUSTRIA. 13 sure particularly worthy of their attention, conformable to the spirit of the times, and to the generous principles of their august Sovereigns, they are animated with the sincere desire of concurring in the most prompt and effectual execution of this measure, by all the means at their disposal, and of acting in the employment of these meand, with all the zeal and perseverance which is due to so great and noble a cause. Too well acquainted, however, with the sentiments of their Sovereigns, not to perceive, that, however honourable may be their views, they cannot be attained without due regard to the interests, the habits, and even the prejudices of their subjects ; the said Plenipotentiaries at the same time acknowledge that this general Declaration cannot prejudge the period that each particular Power may consider as most advisable for the definitive abolition of the Slave Trade. Consequently, the determining the period when this trade is to cease universally, must be a subject of negociation between the Powers ; it being understood, how- ever, that no proper means of securing its attainment, and of accelerating its progress, are to be neglected ; and that the en- gagement, reciprocally contracted in the present Declaration^ between the Sovereigns who are parties to it, cannot be con- sidered as completely fulfilled, until the period when complete success shall have crowned their united efforts. In communicating this Declaration to the knowledge of Eu- rope, and of all civilized countries, the said Plenipotentiaries hope to prevail on every other Government, and particularly on those, which, in abolishing the Slave Trade, have already mani- fested the same sentiments, to give them their support in a cause, the final triumph of which will be one of the noblest monuments of the age which embraced it, and which shall have brought it to a glorious termination. Vienna, the 8th of February, 1815. Signed Castlereagh. Palmella. Stewart, Lieut. Gen. Salda>nha. Wellington. Lobo. Nesselrode. Humboldt. C. LOWENHIELM. MeTTERNICH. Gomez Labrador. Talleyrand. 14 AUTRICHE. ACTE XVI. Reglemens pour la libre Navigation des Rivihes. Articles concernant la Navigation des Rivihes, qui, dans leur Cours Navigable, separent ou traversent difftrens Etats. (Arrangtmens commum.) J, Les Puissances dont les Etats sont s6par6s ou traverses par une riviere navigable, s'engagent 'k r^gler, d'un commun accord, tout ce qui a rapport k sa navigation. Elles nommeront, d cet ^ffety des Comipissaires, qui se r^uniront, au . plus tard, six mois apr^s la fin du Congr^s, et qui prendront, pour bases de leurs tra- vaux, les principes suivans : (Principes. — Liberie de la Navigation.) II. La navigation, dans tout le cours des rivieres indiqu6es d^s 1' Article pf6c6dent, du point oii cbacune d'elles devient na- vigable jusqu'd son embouchure, sera enticement libre, et ne pourra, sous le rapport du commerce, ^tre interdite d personne, 69 s^ confo^rmant tout^fois aux r6glemens qui seront arr^t^s pour 89 police d'une mani^re unifonpe pour tons, et aussi favorable que possible au commerce de toutes les nations. (Uniformite de Sysiime.) III. lie ayst^me qui sera ^tabli, tant pour la perception des droits que ppur )e maintien de la police, sera, autant que faire se pourr^, le ip^me pqur tput le flours de la riviere, et s'^tendra llU^ai, k moins que de9 cir^onstances psirticuliCes ne s'y opposent, 3Ur ceui^ de ses embrancbemens et confluens, qui, dans leurs cours navigables, s6parent ou traversent diff6rens 6tats. (Tarif.) IV. Les droits sur la navigation seront fix6s d'une mani^re uniforme et invariable, et assez ind6pendante de la quality diiF6- rente des marchandises, pour ne pas rendre n^cessaire un examen d6taill6 de la cargaison, autrement que pour cause de fraude et de contravention. La quotit6 de ces droits, qui, en aucun cas, ne pourront exc6der ceux existans actuellement^ sera d6termin6e d'a- AUSTRIA. }u ACT No. XVI. (Translation, as laid before Parliament.) Hegxdations for the free Navigation of Rivers. Articles concerning the Navigation of the Rivers, Tthich, in iheir Navigable Course, separate or cross different States. (General Arrangements.) I. The Powers whose States are separated or traversed by the same navigable river^ engage to regulate, by common consent, all that regards its navigatioi^. For this purpose they vnll name Coipmissioners, who sh^ll ^S8emb)e, at latest, within six months after the teriqiQation of Congress, and who shall adopt, as the bases of th^ir proceedings, the following principles : (Principles. — Liberty of Navigation.) IL The navigation of the rivers, along their whole course, referred to in the preceding Article, irom the point where each of them becon^es navigable, to its mouth, shall be entirely free, ^d shoU not, in respect to commerce, be prohibited to any one ; it beiqg, however, iinderstood, that the regulation^ established with regard to the police pf this navigation shall be respected ; as they will be framed alijke for all, and as favourable as possible to the commerce pf all nations. ( Uffifovfnity of System . ) III. The system that shall be established, both for the collec- tion of the duties and for the maintenance of the police, shall be, as nearly as possible, the s^un<e along the whole course of the river; fmd ^h^n a|so extjEJid, unless pairtipular cirpumstappes pjrevent it> \0 tbpse pf its branches and junctions, which, in their navigable course, separ^tP 9V traverse different states. (Tqrif.) ly. Thp duties Op naviga^ipn shall be regulated in an uniform and settled manner, and with as little reference as possible tp the different quality of the merchandise, in order that a minute exa- miii^tipii of thfs cargo may be rendered unnecessary, except with a view |k> prevent fraud and evasion. The amount of the duties, viYaidi sh^ll in np pase excee4 those now paid, shall be (le^rmined 16 AUTRICHE. pr^s les circonstances locales^ qui ne permettent gu^res d'6tablir une r^gle g6n6rale d cet 6gard. On partira n6aninoins^ en dres- sant le tariff du point de vue d'encourager 1e commerce en faci- litant la navigation, et I'octroi 6tabli sur le Rhin pourra servir d'une norme a()proximative. Le tarif une fois r6gl6, il ne pourra plus ^tre augment^, que par un arrangement commun des Etats Riverains, ni la navigation gr6v6e d'autres droits quelconques, outre ceux fix6s dans le r6glement. {Bureaux de Perception.) V. Les bureaux de perception, dont on r6duira, autant que possible, le nombre, seront £ix6s par le r6glement, et il ne pourra s'y faire ensuite aucun changement que d'un commun accord, k moins qu'un des Etats Riverains ne voul&t diminuer le nombre de ceux qui lui appartiennent exclusivement. (Chemim de Hallage.) VI. Chaque Etat Riverain se chargera de I'entretien des che- mins de hallage, qui passent par son territoire, et des travaux n6cessaires pour la m&me 6tendue dans le lit de la riviere, pour ne faire 6prouver aucun obstacle k la navigation. Le r^glement futur fixera la mani^re dont les Etats Riverains devront concourir k ces demiers travaux, dans le cas oik les deux rives appartiennent k diff^rens Gouvememens. (Droit de Relache.) VIL On n'6tablira nulle part des droits d'6tape, d'^chelle, ou de rel&che forc6e. Quant k ceux qui existent d€jk, ils ne seront conserves qu'en tant que les Etats Riverains, sans avoir £gard k rint^rSt local de I'endroit ou du pays oik ils sont 6tablis, les trouveroient n6cessaires ou utiles d la navigation et au com- merce en g6n6ral. {Douanes,) VIIL Les douanes des Etats Riverains n'auront rien de com- mun avec les droits de navigation. On emp^chera, par des dis- positions r^glementaires, que Texercice des fonctions des Dousi^ AUSTRIA. 17 by local circumstances, which scarcely allow of a general rule in this respect. The tarif shall, however, be prepared in such manner as to encourage commerce by facilitating navigation ; for which purpose the duties established upon the Rhine, and now in force on that river, may serve as an approximating rule for its construction. The tarif once settled, no increase shall take place therein, except by tlie common consent of the States bordering on the Rivers; nor shall the navigation be burthened with any other duties than those fixed in the regulation. (Offices for the collection of Duties.) V. Theoflices for the collection of duties, the number of which shall be reduced as much as possible, shall be settled in the above regulation ; and no change shall afterwards be made but by com- mon consent, unless any of the States bordering on Rivers should wish to diminish the number of those which exclusively belong thereto. (Towing Paths.) VI. Each State bordering on the Rivers shall be at the expense of keeping in good repair the towing paths which pass through its territory, and of maintaining the necessary works through the same extent, in the bed of the river, in order that no obstacle may be experienced in the navigation. The intended regulation shall determine the manner in which the States bordering on Rivers are to participate in these latter works, where the opposite banks belong to. different Govern- ments. (Harbour Duties.) VII. There shall no where be established store-house, port or forced harbour duties : those already existing shall be preserved for such time only as the States bordering on the Rivers (without regard to the local interest of the place or the country where they are established) shall find them necessary or useful to navigation and conmierce in general. {Custom-houses.) VIII. The custom-houses belonging to the States bordering on Rivers shall not interfere in the duties of navigation. Regula- tions sh^l be established to prevent officers of the Customs, in the roi. I. c 18 AUTRICHE. Aiers ne mette pas d'entraves k la navigation ; mais on surveillera, par une police exacte sur la rive, toute tentative des habitans de faire la contrebande d Taide des bateliers. (Reglement.J IX. Tout ce qui est indiqu6 dans les Articles pr6c6dens sera d6terniin6 par un r6glement commun, qui renfermera 6galement tout ce qui auroit besoin d'etre fix6 ult^rieurement. Le r6gle^ ment une fois arr^t^, ne pourra ^tre chang6 que du consentement de tons les Etats Riverains, et ils auront soin de pourvoir d'une mani^re convenable, et adapt6e aux circonstances et aux localit6s, k son execution. Sign6 D'Alberg. Clancarty. Humboldt. Wessenberg. {Articles concemant la Navigation du Rhin.) I. La navigation dans tout le cours du Rhin, du point oik il de vient navigable jusqu'd la mer, soit en descendant, soit en remon- tant, sera enti^rement libre, et ne pourra, sous le rapport de com- merce, ^tre interdite k personne, en se conformant toutefois aux r§glemens qui seront arr^t6s pour sa police, d'une mani^re uni- forme pour tous, et aussi favorable que possible au commerce de toutes les nations. II. Le syst^me qui sera 6tabli, tant pour la perception des droits que pour le maintien de sa police, sera le m^me pour tout le cours de la riviere, et s'^tendra, autant que faire se pourra, aussi sur ceux de ses embranchemens et confluens qui, dans leurs cours navigables, s6parent ou traversent diffi^rens 6tats. III. Le tarif des droits k percevoir sur les marchandises transport^es par le Rhin, sera r6gl6 de mani^re que la totality du droit k payer entre Strasbourg et la fronti^re du royaume des Pays-Bas, soit en remontant de deux francs, et en descendant d'un franc, et trente-trois centimes par qumtal, et que ce m^me tarif pourra Stre 6tendu (en augmentant par Isi dans la mSme pro- AUSTRIA. 19 exercise of their functions^ throwing obstacles in the way of the navigation ; bat care shall be taken, by means of a strict police, on the bank, to preclude every attempt of the inhabitants to smuggle goods, through the medium of boatmen. (Regulation.) IX. Every thing expressed in the preceding Articles shall be settled by a general arrangement, in which there shall also be comprised whatever may need any ulterior determination. The arrangement once settled, shall not be changed, but by and with the consent of all the States bordering on Rivers, and they shall take care to provide for its execution, with due regard to circumstances and locality. Signed D'Alberg. Clancabty. Humboldt. Wessenbbbg. Articles concerning the Navigation of the Rhine. I. The navigation of the Rhine, along its whole course, from the point where it becomes navigable to the sea, either in ascend- ing or descending, shall be entirely free, and shall not, in respect to conmierce, be prohibited to any one : due regard, however, being had to the regulations established with respect to its police, which shall be framed alike for all, and as favourable as possible to the commerce of all nations. II. The system to be adopted for the collection of the duties, as well as for the maintenance of the police, shall be the same along the whole course of the rivjer, and shall extend, as far as circumstances may permit, to those of its branches and junctions which, in dieir navigable course, separate or traverse different states. III. The tarif of duties to be levied on merchandise conveyed along the Rhine, shall be so regulated that the whole amount of duty to be paid betwieen Strasboui^ and the frontier of the king- dom of the Netherlands, shall be, in passing up the river, two francs, and in passing down the river, one franc and thirty-three centimes, per hundred-weight; and that the levying of this tarif c 2 • • 20 AUTRICHE. portion la totality du droit) aux distances entre Strasbourg et Basle, et entre la fronti^re du royaume des Pays-Bas et les em- bouchures de la riviere. Le droit de reconnoissance restera tel qu'il est r6gl6 par I'Ar- ticle XCIV. de la Convention sur I'octroi de Navigation du Rhin, conclu k Paris, le 15 Aoftt, 1804, sauf k d6terminer autre- ment I'^chelle des droits, de mani^re que les bateaux de deux mille cinq cents k cinq mille quintaux, y soieut compris 6gale- ment. Mais ce droit pourra aussi ^tre ^tendu, dans la m^nie pro- portion, aux distances ci-dessus mentionn^es. Les moderations du tarif general qui 6tablit le maximum des droits fix^es par les Articles CII. — CV. de la Convention du 15 Aoftt, ] 804, continueront d'avoir lieu. Mais la commission qui sera cbargee de la confection des nouveaux r6glemens, examinera si leur distribution en differentes classes ne n^cessitera pas des changemens encore plus favorables, tant k la navigation et au commerce, qu'si I'agriculture et aux besoins des habitans des Etats Riverains. IV. Le tarif ainsi fix6, ne pourlra ^tre augment^ que d'un coni- mun accord, et les Gouvernemens Riverains du Rhin, en partant du principe que leur v6ritable int^r&t consiste k vivifier le com- merce de leurs Etats, et que les droits de la navigation sont prin- cipalement destines ^ couvrir les frais de son entretien, prennent I'engagement formel de ne se porter d une telle augmentation, que sur les motifs les plus justes et les plus urgens, ni de graver la navigation d*aucun autre droit quelconque, outre ceux fix6s par les r^glemens actueb, sous quelque denomination ou pr6texte que cela puisse ^tre. V. II n'y aura que douze bureaux de perception sur toute \% tendue du Rhin, entre Strasbourg et la fronti^re du royaume des Pays-Bas; et ceux qu'il conviendra d'6tablir entre Strasbourg et Basle, et dans les Pays-Bas, seront fix6s d'aprds les mfemes prin- cipes, et dansr des distances proportionnelles. Les bureaux se- ront places d'apr^s les convenances de la navigation, et leur nombre ne pourra fetre augment^, ni leur place chang^e, que d'un commun accord. II sera n6anmoins libre k tout Etat Riverain, de dimmuer le nombre de ceux que Tarrangement actuel lui assigne exclusivement. AaSTRIA. 21 shall be extended (increasing the amount of duty in the same pro- portion) to the distances between Strasbourg and Basle, and be* tweeu the frontier of the kingdom of the Netherlands and the mouths of that river. The duty of reconnoissance shall remain as fixed by Article XCIV. of the Convention, relative to duties on the Navigation of the Rhine, concluded at Paris the 15th of August, 1804 ; with the reservation, however, of making such other alteration in the scale of duties, as that boats from 2500 to 5000 quintals, shall be in- cluded therein. But this duty shall also extend, in the same pro- portion, to the above-mentioned distances. The abatements of the general tarif, which established the maximum of the duties fixed by Articles CI I. — CV. of the Con- vention of the 1 5th August, 1 804, shall remain in force ; but the commission to be charged with settling the new regulations shall consider whether their distribution into different classes will not require alterations still more favourable, as well to navigation and commerce, as to agriculture and the wants of the inhabitants of the States of the Rhine. N IV. The tarif thus settled, shall not be augmented but by mu- tual consent, and the Governments on the Rhine, adopting for a principle, that their true interest consists in encouraging the com- merce of their States, and that the duties on navigation should chiefly be appropriated to defraying the expenses of its preserva- tion, formally engage not to increase the same but for the most just and urgent reasons, nor to impose any other duties whatever on navigation, in addition to those fixed by the present regula- tions under any denomination or pretext whatsoever. V. There shall be only twelve offices for the collection of duties, throughout the whole extent of the Rhine, between Stras- bourg and the frontier of the kingdom of the Netherlands ; and those which it may be expedient to establish between Strasbourg and Basle shall be fixed, according to the same principles, and at proportionate distances^ The oflices shall be placed in the most convenient manner for navigation, and their number shall not be augmented, nor their stations changed, but by common consent. Each State bordering- on the River shall, however, be allowed to diminish the number exclusively assigned to it by the existing arrangement. c 3 2d AUTRICHE. VL La perception des droits se fera dans chaque Etat Riverain pour son compte, et par ses employes, en distribuant la totality des droits d'une mani^re 6gale sur I'^tendue des possessions respectives des diff6rens Etats sur la rive. Les employes des bu- reaux pr^teront serment d'observer strictement le r^glement qui aera arret6 d6finitivement. Si un m^me bureau s'6tend sur deux ou plusieurs Etats Riverains^ ils repartissent entre eux la recette d'apr^s l'6tendue de leurs possessions respectives sur la rive, et cette m&Dae disposition sera aussi appliqu6e au cas oit les deux rivfss oppos^es appartiennent k deux diff6rens 6tats. Tout ce qui a rapport k Torgauisation des bureaux, au mode de percevoir et de coustater le payement des droits, sera fix6 d'une mani^re uniforme par le r^glenient d6finitif, et en pourra plus %tre chang6 que d'un ppmmun accord- VII. Chaque Etat Riverain se charge de I'entretien des che* inins de hallage qui passent par son territoire, et des travaux n6- cessaires, pour la m^nie 6tendue dans le lit de la riviere, pour ne faire 6prouver aucun obstacle ^ la navigation. VIII. II sera 6tabli aupr^s de chaque bureau de perception, une autorit6 judiciaire, pour examiner et decider d'apr^s le r^gle* ment en premiere instance, toutes les affaires contentieuses qui regardent les objets fix6s par ce r6glement. Ces autorit^s judi- piaires seront eptretenues aux frais de I'Etat Riverain dans lequel elles se trouvent, et prononceront leur sentences au nom de leurs Souverains, mais les individus qui les composent, pr^teront ser- ment d'observer strictement le r^glement, et les Juges ne pour- ront perdre leurs places que par un proc^ intent^ dans toutes les formes, et par une condamnation pass6e contre eux. Leur pro- cedure sera fix6e par Ip r6glement, et devra 6tre uniforme pour tout le cours du Rhin, et aussi sonmiaire que possible. L^, oil un bureau de perception appartiendra k plus d'un Etat, les individus charges de ces fonctions judiciaires seront nomm6s par le Spuverain dans le territoire duquel se trouve le bureau en question, et les senteqces seront prononc^es en son nom; maia les frais seront foumis par tons ceux d qui la recette du bureau e9t commiine, et dans la proportion de la part qui leur en revienti, AUSTRIA. 23 VJ. The duty shall be collected^ m each State bordering on the River, on its o^n account and by its own collectors ; the whole of the duties being distributed in proportion to the extient of the respective possessiotis of the different States on the bank. The collectors shall make oath to observe strictly the regulation definitively agreed upon. If the same office is employed by two or mbre States, the proceeds shall be divided between them ac- cording to the ext^it of their respective possessions on the bank ; and this rule shall also apply in case the opposite banks should be- long to two diff^ent states. £very thing relating to the establish- ment of the offices, to the diode of collecting, and of verifying the paym^it of the duties, shaU be settled in an uniform manner by the definitive regulation, and shall not be changed but by com- mon consent. VII. Each State of the Rhine shall be at the expense of keep- ing the towing-paths which pass throi^h its territory in good re- pair, and of maintaining the necessary works through the same extent in the channel of the river, in order that no obstacle may be experienced to the navigation. VIII. A judicial authority shall be attached to each office for the collection of duties, for the purpose of investigating and de- termining, agreeably to the regulation, in the first instance, all disputes relating to the objects therein mentioned. These judi- cial authorities shall be maintained at the expense of that State of the Rhine in which they are situated, and shall pronounce sea- tence in the name of their Sovereigns ; but the individuals who compose them shall make oath strictly to observe the regulation, and the Judges shall not be deprived of their situations unless by a regular and formal process, and by a judgment given against them. Their. proceeding shall be determined in the regulation, and shall be uniform along the whole course of the Rhine, and as summary as possible. Where an office for the collection of duties shall belong to more than one State, individuals invested with the judicial functions shall be nominated by the Sovereign in whose territory the office in question is situated, and judgment shall be given in his name ; but the expenses shall be defrayed by those states who divide the receipts of such office, and in proportion to the share which ac- crues to them. c4 24 AUTRICHE. IX. Les parties qui voudront se pourvoir en appel contre les sentences prononc6es par les autorit^s judiciaires sp6cifi^s d TArticle pr6c6dent^ auront le choix de s*adresser pour cet effet i la commission centrale dont il seraparl6 ci-dessous, ou au tribunal sup6rieur du pays dans lequel se trouve celui de premiere instance, auprds duquel elles auront plaid6. Chaque £tat Riverain s'en- gage k 6tablir un pareil tribunal de seconde instance, ou d'assi- gner un de ceux qui existent d^jd, pour la decision des causes de cette nature. Ces tribunaux pr^teront 6galement serment d'ob- server le r^glement de navigation ; leur organisation et leur pro- cedure fera partie du r6glement ; et ils ne pourront point singer dans une ville trop ^loign^e de la rive du Rhin. Le reglement renfermera les dispositions precises k cet 6gard. Leurs sentences seront d6finitives et ne permettront point d'autres recours. X. Afin d'^tablir un contr61e exact^ sur I'observation du regle- ment commun, et pour former une autorit^ qui puisse servir d'un moyen de communication entre les Etats Riverains, sur tout ce qui regarde la navigation, il sera cr^^ une commission centrale. XI. Chaque Etat Riverain nommera un commissaire pour la former, et elle se r^unira reguliirement le ler Novembre de chaque ann6e, k Mayence. Elle jugera par les circonstances et les affaires sur lesquelles elle aura k statuer, si, outre cette ses- sion, il sera n6cessaire qu'elle en tienne une seconde au printems. Le president, qui, sans autre pr6rogative, sera charg^ de la di- rection g^n^rale des travaux de la commission, sera d^sign^ par le sort, et renouvell6 tons les mois dans le cas qu'une session se prolonge&t. Un autre membre de la commission sur le choix duquel ses membres conviendront, tiendra le proc^-verbal. XII. Afin qu'il existe une autorit6 permanente, qui puisse aussi pendant I'absence de la commission centrale, veiller au maintien du reglement, et k laquelle le commerce et les bateliers puissent recourir en tout tems, il sera nomm6 un inspecteur en chef et trois sous*inspecteurs. . AUSTRIA. 25 IX. Parties wishing to appeal against the decisions of the courts of justice specified ia the preceding Article, shall have die option of applying for this purpose to the central commission hereafter mentioned, or to the superior tribunal of the country in which the court oi first instance , before which they shall have pleaded, is situated. Each State of die River engages to establish a similar tribunal of second instance, or to refer the decision of causes of this nature to one of those already existing. These tribunals shall likewise make oath to observe the law concerning navigation. Their organization and mode of proceeding shall form part of the regulation, and they shall not hold their meetings in a town situated too far from the bank of the Rhine. The re- gulation shall contain the particular arrangeinents for that pur- pose. Their sentences shall be final, and no further appeal shall be allowed. X. In order to estabhsh a perfect controul over the observance of the genera] regulation, and to constitute an authority which may serve as a means of communication between the States of the Rhine upon all subjects relating to navigation, a central com- nnssion shall be appointed. XI. Each State bordering on the Rhine shall name a commis- sioner for its formation ; and it shall assemble regularly at Mentz on the 1 St November in each year. They shall judge according to circumstances, and the business upon which they may have to decide, whether, after this session, it will be necessary to hold another in the spring. The president, who, without any other prerogative, shall be employed in the general management of the labour of the commission, shall be chosen by ballot, and replaced every month, in case the session should be prolonged. Another member of the commission, who shall, be chosen by the members, shall keep the minutes of their proceedings. XII. In order that a permanent authority may exist, which, in the absence of the central commission, may superintend the observance of the regulation, and to which the merchants and boatmen may at all times refer, there shall be named a chief in- spector and three deputy inspectors. sa AUTRICHE. L'inspecteur en chef r^sidera 6galement d Mayence, les sous- inspecteiirs seront destines pour le Haut, Moyen, et Bas-Rhin. XIII. L'inspecteur en chef sera nomm6 par la commission centrale, k la plurality des voix, mais de la mani^re suivante. On fixera un nombre id6al de voix, et le commissaire Prussien en exercera un tiers. Le commissaire Francois uu sixi^me^ le com- missaire des Pays-Bas un sixi^me^ et celui des autres Princes Allemands, outre la Prusse^ un tiers. La distribution des voix de ces princes^ sera r6gl6e d^s qu'il aura 6t4 dispos6 d^finitivement de la rive entiere du Rhin ; mais elle sera faite £galement, d'apr^s T^tendue des possessions respec- tives sur la rive. Les trois sous-inspecteurs seront nomm6s I'un par la Prusse, le second altemativement par la France et les Pays-Bas, et le troisi^me par les autres Princes Allemands co-possesseurs de la rive, qui conviendront sur le mode de concourir k cette nomina- tion. XIV. Les places, tant de l'inspecteur en chef que des sous- inspecteurs, seront k vie. Si la commission croyoit devoir Eloigner un de ses employes pour cause de m^contentement de ses services, elle pourra mettre en deliberation s'il devra simplement ^tre remplac6 par un autre, ou traduit en jugement. Dans le premier cas, applicable ^galement aux retraites pour cause d'iniirmit^s, Femploy^ jouira d'une pension de retraite, la- quelle sera de la moiti6 du traitement s'il n'a pas eu dix ann^es de services, et des deux tiers, s'il a servi dix ann6es, ou au-delsL. Cette pension sera pay6e de la mani^re que le traitement lui- m^me. Dans le second cas, la commission d^cidera, en deiib6- rant de la mani^re prescrite par I'Article XVII. quels seront les tribunaux qui le jugeront, en premiere et seconde instance ; I'em- ploy^ obtiendra sa pension de retraite s'il s'est acquitt^ enti^re- ment, et il sera 8tatu6 sur lui selon la sentence prononcee dans le cas contraire. Aussi souvent que la commission mettra aux voix reioignement d'un des inspecteurs, elle votera de la maniere indiqu6e '^, I'Article XIII. mais Temploy^ ne pourra perdre sa AUSTRIA. «7 The chief inspector shall also reside at Mentz ; the deputy iDspectors shall be appointed for the Upper, Middle, and Lower Bhine. XIII. The chief inspector shall be chosen by the central com- mission, by a majority of votes, but in the following manner ; A certain number of votes shall be given ; of which the Prus- sian Commissioner shall have one-third; the French commis- sioner one-sixth ; the commissioner of the Netherlands one*sixdi; and that of the other German princes, excepting Prussia, one- third. The. distribution of the votes of these princes shall be regulated as soon as the whole bank of the Rhine shall have been finally disposed of; but the distribution shall be made proportionately to the extent of their respective possessions on the bank. The three deputy inspectors shall be chosen ; the 6rat by Prussia, the second alternately by France and the Netherlands, and the third by the other German princes, joint possessors of the bank, who shall agree upon the mode of making this appointment. XIV. The appointments, as well of the chief inspector as of the deputy inspectors, shall be for life. If the comlnission should deenir it expedient to remove one of its officers, from being dissatisfied with his services, it shall be put to the vo^e whether he shall be merely replaced by another, or brought to trial. In the former case, which likewise applies to retirement in consequence of infirmity, the individual shall re- tire upon a pension, amounting to half his salary, should he not have served ten years ; and two-thirds of it, if he has served ten years or upwards. This pension shall be paid in the same man- ner as the salary. In the second case, the commission shall determine, in the manner prescribed by Article XVII, by which courts of the jfrrf and second instance he shall be tried. The individual shall be entitled to the pension if he is fully acquitted ; and on the other hand, he shall be proceeded against according to the sentence which shall have been passed upon him. Whenever the commission shall vote upon the question of re- moving any of the inspectors, die votes shall be given in the loanner determined upon in the ISth Article; but the individual 28 s AUTRICHE. place que lorsqu'il aura les deux ti^rs du nombre id^al des voix contre lui. XV. L'inspecteur en chef^ assist^ des sous-inspecteurs, est destin6 k veiller k l'ex6cutioii du r6glement^ et 'X niettre de Ten- semble daus tout ce qui regarde la police de la navigation ; il aura en consequence le droit et le devoir d'adresser X cet 6gard des ordres aux bureaux de perception, et de se mettre en rapport avec les autres autorit6s locales des Etats Riverains. Les em- ployes des bureaux, et les autorit^s locales, devront lui prater ob6issance et assistance dans tout ce qui regarde Tex^cution du r6glenieut, et ne pourront surseoir k Tex^cution de ses instruc- tions, que lorsqu'il d^passeroit les limites de ses fonctions. Dans ce cas, elles en feront incessamment rapport X leur sup6rieurs. L'inspecteur en chef devra en outre preparer tons les mat6riaux qui pourront 6claircir la commission centrale, sur I'^tat et les be- soins de la navigation, et lui faire les propositions convenables sur les mesures qu'il sera bon de prendre. Dans les cas urgens^ il pourra et devra entretenir 'X cet ^gard, uue correspondance avec ses membres, aussi dans le tems qu'elle ne sera pas r^unie. XVI. La commission centrale se fera rendre compte par les inspecteurs de leur administration, les assistera dans leurs fonc- tions, et surveillera la mani^re dont il s'en acquittent ; elle s'oc- cupera en m&me tems de tout ce qui pourra teudre au bien general de la navigation et du commerce, et publiera, k la fin de chaque ann6e, un rapport d^taille sur T^tat de la navigation du Rhin, son mouvement annuel, ses progr^s, les changeniens qui pourroient y avoir lieu, et tout ce qui int6resse le commerce int6- rieur et Stranger. XVIL La commission centrale prendra ses d6cisions k la plu- rality absolue des voix, qui seront 6mises dans une parfaite 6galit6. Mais ses membres, devant ^tre regard^s comme des agens des Etats Riverains charges de se concerter sur leurs int^rets com- muns, ses decisions ne seront obligatoires pour les Etats Rive- rains, que lorsqu'ils y auront consenti par leur commissaire. XVIII. Le traitement de Finspecteur en chef et des sous^ inspecteurs, mais non pas celui des commissaires qui pourroni AUSTRIA. ^ «9 cannot be deprived of his situation, unless two-thirds of the num- ber of votes determined upon shall be against him. XV. The duties of the chief inspector, assisted by the deputy inspectors/ are to superintend the fulfilment of the regulation, and to arrange every thing relating to the police of the navigation. It will, therefore, be his right and his duty to issue orders on this subject to the offices for collecting duties, and to communicate with the other local authorities of the States bordering on the Bhine. Persons employed in the offices, and the local authori- ties, shall obey and assist him in every thing concerning the ob- servance of the regulation, and shall not oppose the execution of his orders, unless he shall exceed the limits of his authority. In this case, they shall immediately make it known to their superiors. The chief inspector shall likewise collect every information wrhich may be necessary for the central commission, regarding the state and defects of the navigation, and shall submit to them such measures as he may consider advisable to be adopted. On pressing occasions, he shall be at liberty, and it will be his duty, to hold a correspondence with its members, even when they are not sitting. XVI. The central commission shall direct the inspectors to report to them an account of their proceedings ; they shall assist them in their duties, and superintend the manner in which they are performed ; they shall, at the same time, attend to all matters that may contribute to the general interests of navigation «and conmierce; and shall publish, at the close of every year, a detailed report, of the state of the navigation of the Rhine, its annual movement, its progress, the changes which may take place, and of every thing relating to domestic and foreign commerce. XVII. The decisions of the central commission shall be had by an absolute majority of votes, which shall be given in perfect equality : but as its members should be considered as agents of the States of the Rhine, charged with making arrangements for their mutual interests, their decisions shall not be binding upon these States until their consent shall have been given by their commissioners. XVIII. The salary of the chief inspector and of the deputy in- spectors, but not that of the commissioners, wb') may be merely 30 AUTRICHE. dtre de simples agens temporaires, sera fix6 par le r6glement. II sera k la charge de tous ies Etats Riverains, qui y contribueront dans la proportion de la part qu'ils prennent k leur nomination. Le r^glement contiendra tout ce qui appartient k Forganisation ult^rieure de la commission centrale, et de I'administration per- manente, et fixera, d*une mani^e precise et d6taill6e, toutes ses fonctions et ses attributions. XIX. Les droits d'6tape ayant 6t6 supprim^s par TArticle VIII. de la Convention du 15 Aoftt, 1804, la m^me suppression est 6tendu actuellement aux droits que les villes de Mayence et de Cologne exer^oient sous le nom de droit de rel^che, d'6chelle, ou de rompre-charge/tii7iscA/£rgJ de fagon qu'il sera libre de na- viguer sur tout le cours du Rhin, du point oil il devient naviga- ble jusqu'4 son embouchure dans la mer, soit en remontant, soit en descendant, sans qu*on soit oblig6 de rompre-charge, et de verser les chargemens dans d'autres embarcations dans quelque port, ville, ou endroit que cela puisse £tre. XX. II sera 6tablie toutefois une police r6glementaire, pour obvier aux fraudes qui pourroient avoir lieu dans les endioits d'embarcation, de d^charge, ou de versement de chargemens ; et les taxes de grue, de quai, et de magasinage, 1^, oii ces 6tablisse- mens existent, ou seront nouvellement ^tablis, seront fix6es par le r6glement d'une mani^re uniforme, et sans pouvoir ^tre augmen- t6es ensuite autrement que d'un commun accord. ]!(XI. Aucune association, moins encore un individu qualifi^ batelier Qk oii il n'existeroient point d'associations) d'un des Etats Riverains, ue pourra exercer un droit^exclusif de navigation sur cette riviere, ou sur une de ses parties. II sera libre aux sujets de chacun de ses 6tats de rester membre d'une association d'un autre de ses 6tats« XXII. Les douanes des Etats Riverains, n'ayant rien de com- mun avec les droits de la navigation, elles resteront s6par6ejs de la perception de ces demiers. Le r^glement d^finitif renfermera les dispositions propres k emp^cher que la surveillance des doua- niers ne mette pas d'entraves k la navigation. XXIII. Les bateaux et nacelles de I'octroi porteront le pa- vilion de celui des Etats Riverains auquel ils appartiennent, mais. AUSTRIA. 31 temporary agents, shall be fixed by the regulation. It shall be at the jomt expense of all the states bordering on the Rhine, who shall contribute in proportion to the part which they take in dieir nomination. The regulation shall contain every thing relating to the future establishment of the central commission, and of its permanent administration, and shall determine, in a precise and detailed manner, all its functions and privileges. XIX. The stapleduties having been suppressed by Article VIIL of the Convention of the 15th August, 1804, that suppression is hereby extended to the duties which the towns of Mentz and Ck>logne levied, under the denomination of harbour and port du- ties, and on breaking bulk, (umschlagj) so that individuals shall be at liberty to navigate along the whole course of the Rhine, irom the point where it becomes navigable to where it falls into the sea, either in passing up or down the river, without bdng compelled to break bulk, or to remove the caigoes into another vessel, in any por^ town or place whatever. XX. A superintending police shall, however, be appointed, for the prevention of fraud, where vessels are laden or unladen, as well as where cargoes are shifted ; and the crane, quay, and ^storehouse duties, in places where such accommodations exist, or where they may hereafter be erected, shall be fixed by the re- gulation, in an uniform manner, and they shall not afterwards be augmented but by common consent. XXI. No company, much less any qualified boatmen (in places where there are no companies) shall in any of the States of the Rhine, exercise any exclusive right of navigation on this river, or on any part of it. The subjects of any one of these states may continue to be members of a company in any other of the states. XXII. The custom-houses of the States of the Rhine, bemg unconnected with the duties on navigation, shall not interfere with the collection of the latter. The definitive regulation shall con- tain the necessary arrangements to prevent the superintending oflBcers of the customs from throwing obstacles in the way of the navigation. XXIQ. The custom-house boats, and small craft, shall bear the flag of the State to which they heloDg, but in order to denote 32 AUTRICHE. pour les designer comme destines au service de roctroi, il y sera ajout6 le mot " Rhenus." XXIV. Les droits de la navigation du Rhin ne pourront ja- mais &tre afferm6s^ soit en masse, soit partiellement. XXV. Aucune demande, eH exemption, ou moderation de droits, ne sera admise, ni par les pr6pos6s des bureaux, ni m^me par la commission centrale, quelles que soient la nature, Torigine et la destination des embarcations des effets ou des marchaudises, et k quelques personnes, corps, villes, ou Etats, que les uns ou les autres appartiennent, comme aussi pour quelque service, et par quelque ordre que le transport s'en effectue. XXVI. S'il arrivoit (ce qu'i Dieu ne plaise) que la guerre vint k avoir lieu entre quelques-uns des Etats situ6s sur le Rhin, la per- ception du droit d*octroi continuera k se faire librement sans qu'il y soit apport6 d*obstacle de part et d'autre. Les embarcations et personnes employees au service de I'oc- troi, jouiront de tous les privileges de la neutrality. II sera accord6 des sauve-gardes pour les bureaux et les caisses de Toc- troi. XXVII. La Commission actuelle ayant dft se bomer k poser les principes le plus g6n6raux, sans entrer dans tous les d6tails qu'il sera indispensable de r^gler ; toutes les dispositions parti- culi^res, et nomm6ment celles qui regardent le tarif de droits, tant celui qui est adopts pour toutes les marchandises en g6n6ral que celui pour les marchandises qui, d'apr^s une certaine classifica- tion, payent des droits moins forts ; la distribution des bureaux de perception ; leur organisation, et le mode de percevoir : Torgani- sation des autorit^s judiciaires de premiere et seconde instance, et leur procedure; Tentretien des chemins de hallages, et les travaux au lit de la riviere ; les manifestes ; le jaugeage ; et la de- signation des bateaux, et des trains de bois ; les poids, mesures, et monnoies qui seront adopt6s, et leur redaction et Evaluation ; lia police pour les ports d'embarcation, de d6charge, etde versemenis de chargemens ; les associations des bateliers ; les conditions requises pour ^tre batelier ; lagrande et la petite navigation, si une pareille distinction, qui ne pent plus exister dans le sens que lui donne la Convention de 1804, devoit ^tre main ten ue sousd'autres rapports, et par d'autres raisons; la fixation du prix du fr6t; les AUSTRIA. 33 their belonging to the castoms, the Mrord * Rhenu$* shall be in- scribed upon it. XXIV. The duties on the navigation of the Rhine shall never be formed out either wholly or partially. XXV. No demand of exemption, or abatement of duties, shall be admitted, either by the overseers of the customs, or even by the central commission, whatever may be the nature, origin, or destination of the boats, effects, or merchandize, and to what- ever individuals, bodies, towns, or States, eidier of them may belong, or for whatever service, or on whose account soever the same may be shipped. XXVI. If it should happen (which God forbid) that war should break out among any of the States of the Rhine, the collection of the customs shall continue uninterrupted, without any obstacle being thrown in the way by either party. The vessels, and persons employed by the custom-houses, shall enjoy all the rights of neutrality. A guard shall be placed over the offices and chests belonging to the customs. XXVII. The existing commission, having been obliged to confine itself to the establishing of the most general principles, without entering into the details necessary to be regulated; all particular arrangements, and especially those relating to the tarif of duties, to that adopted for merchandize in general, and also to that for goods which, being of a certain description, pay smaller duties; the situation of the offices for the collection of duties, their internal management, and mode of collection ; the oi^aniza- tion of judicial authorities of the Jirst and second instance^ and their mode of proceeding ; the preservation of the towing-paths, and the woiics in the bed of the river ; the manifests ; the gauging and designation of boats and floats of wood; the weights, mea- sures, and coins to be used, and their proportions and valuation; the police of the ports for shipping, unloading, or shifting car- goes; the companies of watermen; the requisite qualifications for watermen; the greater and lesser navigation, if such a dis- tinction, which no lotiger exists in the sense given to it by the ConveotiOQ of 1804, should be maintained, under other circum- stances, and for other reasons; the scale of charges for freight ; VOL. I. D 34 AWTRICiUS. Contmy^ptions ; la s^panatiop.des Bm'^au^ pour. la iuiyigaf^; des douanes, &c. 8lc., seront r^serv^s au r^glement ;d6fiiiUif .qui sera dresfi6 ainsi qu'il va etre eitpps^ qi-apr^s. XXVIII. Les dispositions de3 Articles 9, 14, 17, 19 et2Q, du rec^s principal de la deputation extraordinaire de rEmpire, du.S5 F^yrier, 1803, concemant les rentes perp6tuelles, directement ad- sigu^e^ sur le prgduit de Toctroi de la navigation du Rhin,,.scait niaiateaue9, £n consequence de <;e principe ; 1. Les gouvememens AUemands co-possesseurs de la rive du Rhin se chargent du payement des susdites rentes, en se r6ser- vant n6aiiinoins la faculty de rach^r ces rentes d'apr^s la t^tieur de PArticle 30, du r^cis, ou au denier-<quarante, ou nK)yenBa$t tout autre arrangement dont les parties int^ressies conyiendro«t de gr6-d-gr6. 2. Sont except6es du principe g^n^ral du payement des rentes {monc^es k Talin^a pr6c6dent, les cas oik le droit de reclamer ces rentes souffrirait des objections particuli^res et )6gales. Ces cas seront examines et .d6cid6s, ainsi qu'il sera dit, dans ralin&t suivant. 3. L'application du. principe ^nonc^ k Talin^a 1, aux diff^- rentes reclamations, et le jugement sur les exceptions mentioo- n^es k Talin^a 2, sera confi6 k une commission compos^e de cinq perspnnes, que la Cour de Vienne sera invitee par les gpuveme- mens. AUemands, co-possesseurs de la rive, {^designer, en cfaoisia- sant, autant que possible, des individus qui ont 6t6 membres du Cpnseil Aulique de TEmpire, et qui se trouvent encore ici» Cette commission d6cidera de cette affaire en toute justice, et avec la plus grande ^quit^, et les gouvememens d^biteurs de» reate^, promettent de s'en. tenir k cette decision, sans autre re- cours ni objection quelconque* 4«. La ausdite commission examinera le droit de demander les arr^rages des rentes, et decidera tant du principe^ si les.possiea- aeura actuels de la rive du Rhin sont obliges de payer ces arr<6ragfi$, que de l'ap(^ieati<Hi dejce principe, s'il ^t reconnu pai* la commis- sion aox diflirentes reclamatioi(i)S d'arrerages £D pfMrticulier . EUe AUSTRIA: 35 eontmve&tioiis ; the sep^ratioii of oiSces foMhe navigation ; of fiih custom-houses, 8cc. 8cc. shall be determined in the definitive re- gulations, which shall be framed in the manner hereafter men- tioned. XXVIII. The regulations of the gth, 14th, 17th, igth and fiOth Articles of the principal recess of the extraordinary deputa- tation of the Empire of the 25th of February^ 1803, concerning &e permanent rents, directly assigned upon the produce of die duties on the navigation of the Rhine, shall be Continued. For this purpose ; 1. The Germah governments, joint possessors of the banks of the Rhine, charge themselves with the payment of the abovd rents; reserving, however, to themselves the power of repurchasing such rents, according to the SOth Article of the recess, either at 2| per cent, or by any other arrangement upon which the parties concerned nftaj mutually agree. £• Cases are excepted from the general principle, concerning^ the payment of the rents mentioned in the preceding paragraph,' where there shall exist peculiar and legal objections against the' chdming of such rents. These castes shall be considered and de- termined upon, as mentioned in the following paragraph. S. The adoption of the principle mentioned in the 1st para- graph, relative to the various claims, and the decisions concerning exceptions referred to in the 2d paragraph, shall be entrusted to a coniibission, composed of five persons, whom the Court of Vienna, at die desire €t the German governments, joint possessors of the baiUt'of the river, shall nominate ; by chusing, as far as may be practicable, individuals who have been members of the Aulic Council of the Empire, and are still here. This commission shall settle this matter in the most just and eqnitabte manner, aind the Governments from whom such rents »re 4ue, promise to abide by such decision, without any appeal or objection whatever. 4. The above-mentioned commission shall inquire into the right of demanding arrears of rents, and shall decide on the prin- ciple, whether the actual possessors of the bank of the Rhine a:re liable to pay these arrears, or whether the application of this priii- ' ciple, if admitted by the commission, applies to the" variou^ d2 j?6 AUTRICHE. termineca son travail dans le terme de trois mois, ^ dater du jour de sa convocation. . 5. Si la commission decide que les arrdragea devront &tre pay6s^ et en fixe la quotit6, la commission centrale d6terminera le mod^ du payement, de sprte que les gouvememens d£biteurs auront le choix, ou de les acquitter dans dix aun6es cons^cutives,. par dixi^e chaque ann6e, ou de les transformer d'apr^s Faa^logie d^ r Article SO du r6c^s au denier-quarante, en rentes additionnelles ii, celles que les maisons d qu'ils appartiennent possident i present. 4 La commission centrale d6terminera 6galement si, et en quelle proportion, la France devra coutribuer au payement desdits ar^ r6rages. 6. Tous les payemens, dont il est question dans le present ar- ticle, s'effectuerout par s6mestre. La commission centrale fixera le mode de ces payemens, en adoptant, autant que possible, celui qui sera le plus favorable k ceux qui jouissent de ces rentes, et les gouvememens d6biteurs y contribueront dans la proportion de la part qu'ils ont k la recette de I'octroik Cette proportion sera fix6e, une foix pour toutes, par. la commission centrale k sa premiere r^unioq, sur la base du pro-: duit de Tannic commune des diff^rens bureaux de perception qui ont exists dans le courant des six premises ann6es que la conven- tion de 1804, a 6t6 mise en activity. XXIX. Les dispositions, renferm^es; dans les Articles 73 — 78, dela Convention du 15 Aofit, 1804, concemant le fonds des^* tin6 k Tacquit des pensions de retraite et aux secours k accorder aux veuves et enfans des employes, le montant des vacances, le droit de retraite, le montant des pensions, et les secours k accor- der aux veuves et orphelins, 6tant intimement li6s k la perception des droits en commun, cessent d^sormais, et le soin d'accorder des pensions de retraite aux employ^ de I'octroi, et dea secours k leurs veuves et orphelins, est abandonn6 k chaque Etat Rive-^ r^n en garticulier. . La commission centrale s'occupera, nonobstant imm^diatement apris sa premiere reunion, k s'arranger avec la France, sur la rc^stilutioQ du fonds form^ en vertu de TArticle 73, de Ja Conven- AUSTRIA. ST' claim? of arrears, id particular. Its labours shall terminiite in three months from the day of its assembling. ' 5. If the commission shall decide, that the arrears should be paid, and shall fix the instalments, the central commission shall regulate the mode of payment in such manner, that the debiting Governments shall have the option either of discharging the same in ten successive years, at the rate of one-tenth each year, or of transferring them, analogous to the 30th Article of the recess, at SS| per cent, into rents, in addition to those which the govern- ments to whom they belong, actually possess. The central commission shall likewise decide whether, and id what proportion, France ought to contribute to the payment of these arrears. . 6. AW payments, decided on by the present article, are to be made half yearly. * The central commission shall fix the manner in which these payments shall be made, favouring, as much as possible, those to whom the said rents belong, and the debiting governments shall Contribute to them in proportion to their share of the duties. This proportion shall be definitively arranged by the central com-* mission at its first meeting, on the average of the amount of a year's receipts of the difierent offices of collection which have existed during the first six years, from the time of the Convention of i 804 having been in force. XXIX. The regulations comprehended in the Articles 73 — 78 of the Convention of the 15th August, 1804, concerning a fund to be appropriated to the payment of pensions on retire- ment, and to the relief of widows and children of government officers, the number of vacancies, and the right of superannua- tion, as well as the amount of the pensions, and the relief to be granted to widows and orphans, being intimately connected with the general receipt of duties, shall immediately cease, and the bu- siness of granting pensions on the retirement of officers of the customs, and relief to their widows and orphans, is left to ther discretion of each particular State bordering on the river. The central commission shall nevertheless be employed, imme- diately on its opening, in arranging with France the restitution of Ihe fund, formed in virtue of the 73d Article of the Convention,^ i>3 98 AUTRICHE. ^on par la netenue de 4 pour cent, sur les traitemens qui out 6l^ versus dans la caisse d'amortissement, et le gouveraement FraiH jois s'engage k cette restitution dhs que le montant de ce fonds aura 6t6 liquid^ par la commission centrale. Cette restitution faite, la commission examinera qudles pen- sions et secours sont encore k distribjyier de ce fonds, et les as- signera selon les principes de la Convention de 1804. Les individus qui ont £t6 employes aupris de Toctroi, k qui on ne pourroit point proposer, dans le nouvel ordre de clioses, dea places convenables, ou qui all6gueroient des raisons pour ne pas les accepter, qui seroient jug^es valables par la commission cen- trale, seront pensionn6s et trait^s d'apris les principes de I'Article^ 14X1 dn r^c^ de TEmpire de 1803. XXX. Les pensions des anciens employes aux p6ages sup- prim6es par TArticle XXXIX, du r6c^s de 1 803, seront pay^a par les gouvememens Allemands co-possesseurs de la rive. Celles qui auroient et6 l^galement accord6es depuis T^poque gii I'octroi de la navigation a 6t6 mis en activity, seront ^galemenjt payees.; mais la commission centrale examinera et d6cidera en quelle proportion les gouvememens, co-possesseurs de la rive, k ^'e3^ception tpujours du royaume des Pays-Bas, devront y con- tribuer. EUe liquidera le montant de toutes ces pensions, et en arr&tera d6finitivement V^tat qui servira de norme au payement. Le payement, tant de ces pensions que de celies mentionn6ea dans I'Article XXIX, se fera de la mani^re que cela est an^t^ d'apr^s I'alin^a yi, de TArticle XXVIII pour le payement dea rente^. XXXI. D^s que les principes g6n6raux sur la navigation du Rhin seront fix^sau Congr^s, les Etats Riverains nommeront lea individus qui formeront la commission centrale, et cette coramis- 3}on se r^unira, an plus tard, le premier de. Juin^ de cette ann^, k Mayence. A cette m&me 6poque, I'administration provisoire actuelle remettra. la direction dont elle a 6te charg6e, k la com- mission centrale et. aux autorit^s riveraines: la. perception par-. tiel|e des.droits sera substitute k la perception commune) et Vovt AUSTRIA. 99 for liie ^drawback' of 4 per cent, upon salaries, wUch baa beea pud kfta the unking fiind ; and the French govenunoit engages to make the'ieatitiitiony as soon as die amount of this fund -shall have been liquidated by the central commission. This i^titution being made, the commission shall consider trfaat pensions and relief are still to be paid out of this fond, and shall assign them, according^ to the principles established by the Convention of 1804. Individuals who liaVe been employed in the tax*office, and to whom, in consequence of the new arrangements, proper situate lions, cannot be givto, or who shall allege such reasons for not ac- cepting such skuaUons as the central conmossion shall deem mat* ioient^ shall have pensions and allowances granted to them, coi^- febmably to the principles estabiidied by Artide ULX of die nscess of the Em|nre of 180S. XXX. The pensions granted to . the receivers of duties dis* continued by Article XXXIX of the recess of 1 803, shall be paid by die Gennan governments, joint possessors of the bank of the river. Those which have been legally granted since the period at winch the duties on navigation have been in force, shall also be paid ; but the central commission shall investigate and d^er^ mine in what propordon the governments, joint proprietors of the hank, (the kingdotn of the Netherlands, however, excepted,) shall contribute to these payments. It shall discharge the amount of all these pensions, and finally settle the s^e by which such payments shall be regulated. The payment of these pensions, as well as of those mentioned in Article XXIX, shall be regulated in the manner fixed by the 6th paragraph of Ardde XXVIII, for the payment of rents. XXXI. As soon as the general principles for the navigation ^iHe Ethme shall Jbave been laid down by the Congress, the Stat& of the Rhine shall appoint persons for the formation of the cen- trat'oonsmission ; and this commission shall assemble at latest on the tst of June of this year, at Mentz. At the same time the puSMnt pDovineial achninistration shall deliver up the direction with which they have biMsi charged, to the central commission,- sM^to 1^ aiithoriti^of tb^ StaMs of the Rhine ; die partial col- d5 40 . AUTRICHE. fera 6inaner, au aom des tous les Etats Riverains, une instruc-* tioa int^rimistiqfiey par laqiielle on ordonnera de suivre jasqu'i la confection et sanction definitive du nouveau r^glement, la Con- vention du 15 Aofit, 1804, en indiquant toutefois succinctement^ lesquels de ses articles se trouvent d6jd snpprim^s par les dispo- tions actuelles, et quelles autres dispositions il font d6jd d present y substituer. XXXII. Dis que la commission centrale sera r6unie elle s'occnpera : 1. A dresser le r6glement pour la navigation du Rhin. I) suffit d'observer ici, que les pr6sens articles lui serviront d'instruc- tion, et que les objets que le r^glement devra embrasser, sont indiqu^ tant dans le travail actuel, que dans la Convention du 15 Aofit, 1804; et qu'elle devra prendre sL tache de couserver tout ce que cette convention renferme de bon et d'utile. Lorsque le r6glement sera termini; il sera soumis k la sanction des gouvememens Riverains, et ce n'est que lorsque cette sanc- tion aura 6t6 donn6e, que le nouvel ordre de choses pourra com- mencer, etque la commission centrale pourra entrer dans sea fonctions ordinaires. 2. A remplacer Tadministration centrale actuelle \k oh cela seran6cessaire, jusqu'd la publication du nouveau r^glement. Sign6 D'Alberg. De Marschall. Clancarty. Spaen. Wredb. Humboldt. TURCKHEIM. WesSENBERG. Berckheim. Articles concemant la Navigation du Neckar, du Mein, de la Moselle, de la Meuse et de VEscaut. I. La liberty de la navigation/ telle qu'elle a itk d6termin6e pour le Rhin, est 6tendue au Neckar, au Mein, k la Moselle, k la Meuse et k TEscaut, du point oii chacune de ces Rivieres devient navigable jusqu'^ leur embouchure. II. Les droits d'^tape ou de rel&che forc6e, sur le Neckar et AUSTRIA. 41 lectioA of the duties ahall be sabstituted for the general coUectioo, and they shi^U publish, in the name of all the States of the Rhine, a teinporary instruction, by which it shall be ordered, that until the completion and final approval of the new regulation, die Con- vention of the 15th August, 1804 shall beotaerved; it bemg dis- tinctly :pointed out, which of its articles are already annulled by the present arrangements, and what other arrangem^its ou^t immediately to be adopted in lieu of them. XXXII. As soon as the central commission shall have as- sembled it shall occupy itself; 1. In drawing up the. regulations for the navigati<m of the Rhine. , It is sufficient to observe here, that the present articles shall serve as a guide to them, and that the points which the re- gulations are to embrace, are mentioned as well in the present instrument, as in the, Convention of the 15th August^^ 1804, and that care must be taken to retnin whatever is good and useful in that convention. When .the regulations are completed, they shall be submitted to the govermnents of thq Rhine for their approbation, and until such approbation shall have been given, the new order of things shall not conmience, nor shall the central commission enter upon its regular duties. 2. In acting for the present central administration, where it shall be necessary, until the publication of the new regqla- ti<»is. Signed D'Alberg. De Mabschall. Clancarty. Spaen. Wrede, Humboldt. Turckheim. Wsssenberg. Berckheim. Articles concerning the Navigation of the Neckar, the Mayne, the Mozelle, the Meuse and the Sclteldi. , I. The same freedom of navigation that has been granted for the Rhine, shall be extended to the Neckar, the Mayne, the Mo- selle, the Meuse, and the Scheldt, from the point where each of them becomes navigable, to their mouths. II. Storehouse and forced harbour duties, on the Neckar and snir to Mein, seront et deraeurerMt abol»; et tt %en IUm^ A tout batelier qualifi4 de naviguer sur la totality de ees riviires de 111 m^me mani^e que cette libert6 a 6l6 r^taUie par TArtioto XIX' sur ie Rhiu. '^ IIL Les phages ^blis sur to Neckar et to Mein lie tetfPdt point augment^s ; tos Gouvememens co-possesseurs- de la rive pnu»ettent> au contraire, de les diminuer dans to cas qu'ils ex*- c6deroient actuellement les tarifs en usage en 180£, jusqa'aax tsrux de ces tarifs. lis s'engagent 6galement k ne point griver la navigation par de nouvelles impositions quelconques^ et se r6MDi«> font aussitfit que possible, pour convenir d'un tarif aussi analogue ^celui de Poctroi sur to Rhin, que les circonstances to peilMel* trohtb IV. Sur la Moselle et la Meuse, tos droits qui y>'9ont pert^a actueltoment en vertu des d6crets du Gouvemement Fran^Ma^ dti \% Novembre, 1806, et du \0 Brumaire de Fannie 14, fie seront point augment6s; les Gouvememens co-possesseurs de la rive promettent, au contraire, de les diminuer dans to cas qu'ils fussent plus considerables que ceux sur to Rhin jusqu'au mdme taux. Get engagement de ne pas r^ausser les tarifs actuels, lie s'entend nianmoins que de la totality et du maximum des droits, 1^ 0ouvememens se r6servant express6ment de fixer, par un nouveau r^lement, tout ce qui a rapport k la distribution des marchandises assujetties k un moindre tarif dans diff^rentei^ classes, aux differences 6tablies maintenant pour la remonte etla descente aux bureaux de perception, au mode de percevoir, k la police de la navigation, ou k tout autre objet qui auroit besoin d'fetre r6gl6 ulterieurement. Ce riglement sera rendu aussi conforme que possible, k celui du Rhin; et pour obtenir davantage cette conformity, il sera dressi par ceux des membres de la commission centrale pour to Rhin, dont les Gouvernemens auront aussi des possessions sur la rive de la Moselle et de la Meuse. Une augmentation du tarif tel qu'il sera d6finitivemeitt arr6t6 par to nouveau r6glement, ne pourra plus avoir lieu, que si xxtiB^ ^areille augmentation itoit jugie nicessaire sur to Rhin, et ^m9 tli^ MajfiK^ ^e s^ shall continue abotithed^ and all ^ualifieidl watemi^n shall l^a allowf^ to navigate along the whole extent of the^e iifiyers, in the same manner that anch Uberty h^a been l^estQrefl, by Article XIX, on the Rhin^. III. The toll9 levied on the Neckar and the Mayne ^hall no^ be increased; on the con^rary,^ the Governments, joint posseaaora of the banl^;. engage to ri^uce them, in case they should ei:caed the .tariff in us^ ip 180S, to the rates of those tarifs. They like- wise f»gag^ not to burthen navigation by any new imposts whal^ ^y^^ and ivill meet, as sopo as possible, to arrange a tarif m similar to the duties levied on the Rhine, as drcumatanoea mt^ permit. IV. The duties now levied on the Moselle and the Mense, m pursuance of the decree of the French Government of the l£th November, 1806, and ^f the IQth Bromaire of the year I4p shall not be increased; on the contrary, the Governments, joint possessors of the bank, engage to reduce them, in case they are higher than thpse Levied on the Rhine, to the same rate. This engagement not to increase the present tarifs, refers, however, only to the amount and maximum of duties; the Go- vernments expressly reserving to themselves the power of fixing, by new regulations, every thing relative to the division into diffe- rent classes of such merchandize as is subject to a lower tarif ; to the difference now established for passing up and down the ijver at the custom-houses; to the mode of collection; to the police of the navigation; or tp any other subject requiring ulte- rior determination. This regulation shall be made to correspond, as nearly as possi- ble, with that of the Rhine ; and the better to insure such uni- formity, it shall be drawn up by those members of the central commission of the Rhine, whose Governments shall also have, possessions on the banks of the Moselle and the Meuse. No increase shall take place in the tarif, to be finally settled by the new, regulation, unless a similar increase shall be con- sidered necessary on the Rhine^ and that only in the same pro-^ 44 AUTRICHE. la mime proportion ieulement ; et aucune autre disposition de r6glement ne pourra ^tre cfaang6e que d'un commun accord. V. Les Etats Riverains des rivi^es sp6cifi6es k TArticle I. se chargent de I'entretien des chemins de hallage, et des travaux n^cessaires dans le lit des fleuves, de la m^me maniire que cela a €t€ arr6t6/i TArticle VII, pour le Rhin. • VL Les sujets des Etats Riverains du Neckar, du Mein et de la Moselle, jouissent des m&mes droits pour la navigation sur le Rhin, et les sujets Prussiens pour celle sur la Meuse, que les sujets des Etats Riverains de ces deux demi^res rivieres, en se conformant toutefois aux r^glemens y 6tablis. VII. Tout ce qui auroit besoin d'etre fix6 ult6rieurement sur la navigation de TEscaut, outre la liberty de la navigation sur cette riviere, prononc6 it TArticle I, sera d6finitivement r6gl^ de la maniire la plus favorable aii commerce et k la navigation, et la plus analogue k ce qui a 6t6 fix6 pour le Rhin. Sign6 D'Alberg. DeMarschall. LeComtede Keller. Spaen. Clancarty. Le Baron de Linden, sauf la Wrede. Ratification de Sa Majesty TURCKHEIM. le Roi. Danz. Wessenberg. Berckheim. TRAITE entre la Grande-^Bretagne et VAutriche (et la Russie et la Pnisse) sigfie d Parisy le b Novembrey 1815. Au nom de la Tres-Sainte et Indivisible Trinity. Sa Majesty le Roi du Royaume-Uni de la Grande-Bretagne et d'lrlande, Sa Majest6 TEmpereur d'Autriche, Roi de Hongrie et de Boh&me, Sa Majesty I'Empereur de toutes les Russies, et Sa Majest6 le Koi de Prusse, anim6s du d6sir de donner suite aux n6gociations ajoum6es lors du Congr^s de Vienne, afin de fixer le sort des sept Isles loniennes, et d'assurer I'ind^pendance,^ la liberty et le bonheur des habitans de ces iles, en les plagantj^ AUSTRIA. 45 |iortioD ; and no odier part of the regulation shall be altered but by common consent. V. The States <tf the Rivers specified in Article I, engage to keep the towing-paths in repair, as well as the necessary works in die beds of the rivers, in the same manner as agreed upon in Article VII, for the Rlune. VI. The subjects of the States of the Rivers Neckar, the Mayae and the Moselle, shall enjoy the same rights of naviga- tion on the Rhine, and Prussian subjects on the Meuse, as the subjects of the States of die two last rivers; paying due regard, however, to the regulations therein established. VII. EA^ery thing relating to the navigation of the Scheldt, which may need ulterior airangem^it, besides die freedom of nfivigation on this river, specified in Article f, shall be de- finitively regulated in a manner the most favourable to commerce and navigation, and the most analogous to the regulations esta- blished on the Rhine. Signed D'Alberg. De Marschall. Count Kbllsb. Spaen. Clancarty. The Baron Linden, subject Wrede. to the approbation of His TuRCKHEiM. Majesty the King. Danz. Wessenberg. Berckheim. TREATY between Great Britain and Justria {and Russia and Prussia) signed at Paris, 5th November, 1815. * Ir the Dame of the Most Holj and Uadi^ded Trinitj His Majesty the King of the United Kingdom of Great Bri- tinn and Ireland, His Majesty the Emperor of Austria, King of Hungary and Bohemia, His Majesty the Emperor of all the Russias, and His Majesty the King of Prussia, animated by the desire of prosecuting the negociations adjourned at the Congress of Vienna, in order to fix the destiny of the seven Ionian Islands, and to insure the independence, liberty, and happiness of the in* * SiDce acceded to by all the other Puwert of Europe.' 46 AUTRIGHE. euK et leor conatitution sous la 'protectioii uhm^di^te d-une dei grandes Puissances de I'Europe, sont convaoiues de r6gler d^ finitivement tout ce qui a rapport k cfet objet par un Acte sp^cial^ lequel> 6taiit fond£ sur les droits resultant du Trait6 de Paris da trente Mai, mil-huit-cent-quartorze, aiusi que sur les dfechratioBi Britanniques, k l'6poque oik ks armes de TAngleterre out d61ivr6 Cerigo, Zaate^ dphalonie, Sainte Maure, Idiaque et Paxo> sera cviisag^ comme faisant partie du Trait6 66n£ral^ sign6 k Vienne, le neuf Juin mil-huit-cent-quinze, d la suite du Congr^s. Et pour arr&ter et signer le dit Acte^ les hautes Parties Contractantes out nomm6 P16nipotentiaires, savoir : Sa Majesty le Roi du Royaume«Uni de la Grande^Bretagne et d'lrlande; le Tris-Honorable Robert Stewart, Vicomte Castle^ reagb. Chevalier de I'Ordre Tris-Noble de la Jarreti^re, &c. &c.' &C.4 et le TrJs-Illustre et TrJs-Noble Seigneur Arthur, Due, Marquis, et Comte de Wellington, Marquis de Douro, Vicomte Wellington de Talavera et de Wellington, et Baron Douro de Wellesley, Chevalier du Tr^s-Noble Ordre de la Jarreti^re, &c. &C.&C. Et Sa Majesty I'Empereur d'Autriche, Roi de Hongrie et de Boh&me, le Sieur Clement- Wenceslas Lothaire, Prince de Met- temich-Winnebourg-Ochsenhausen, &c. 8cc. &c.; et le Sieur Jean Philippe, Baron de Wessenberg, 8cc. 8cc. &c. Lesquels, apris avoir 6chang6 leurs pleins pouvoirs, trouv6s en bonne et due forme, sont convenus des Articles suivans : I. Les Isles de Corfou, C6phalonie, 2^nte, Sainte Maure, Itha- que, C6rigo et Paxo, avee leurs d^pendances, telles qu'elles sont d^sign^es dans le Trait6 entre Sa Majest6 I'Empereur de toutes les Russies et la Porte Ottomane du vingt-un Mars, mil-huit-cent,* formeront un seul 6tat libre et ind^pendant, sous la denomina- tion des Etats-Unis des Isles loniennes. IIv Cet 6tiit sera plac6 sous la protection immediate et exchi* * "Les Isles de Corfou, de Zante, de C^phalonle, de Santa Maara, dltaqne^ de^ Pascou, de Cerigo, et toutes les Isles grandes et petites, habitues et inhabit^es,, fl&ttt^s vis-a-vis des cdtes de la Mor^ et de TAlbanie, lesquelles ont 6t6 detaches de Venise et viennent d'etre conquises." — (Art. 9.) MJSTRIA. 47 iMbkaJiits^tliXMe Iskmdsy jby ^hciog them aod Uiefar censthution under the immediate protectioB ^of. ctae of the great Powers of .^tirgpo^have agreed to settle definitwely by a specialJ^t, 'virhat- ever relates to this oljjject, which, grounded upon the rights Iresnl^ ing fron^ the Treaty of Paris of the dOth May, 1B14, and like- wise upon the British declarations at the period when the Britidb arms 'liberated Cerigo, Zante, Cephalonia^ Santa Maura, Ithaca, aii4 Pfti(Q^. shall be considered as forming part of the General Treaty, concluded at Vienna on the 9th June,' of the present year 1915^ on the. termination of the Congress ; and in order to setfle and sign the said Act, the High cohtracting Powers have nomi- nated Plenipotentiaries ; that is to say. His Majesty the King of the United Kingdom of Great Bri- tun and Ireland, the Right Honourable Robert Stewart, Viscount Castlereagfa, K.G. 8cc. Sec. &.c. and the Most Illustrious and Mc^tt Noble Lord, Arthur, Duke, Marquess, and Earl of Wel- liEigton, Marquess of Douro, Viscoittit Wellington, of Talavera ai^d of Wellington, and Baron Douro, of Wellesley, K^G. &c. &c. &c. And His Majesty Ae Emperor of Austria, Kmg of Hun- gary and Bohemia, the Sieur Clement Wenceslas Lothaire, Prince of Mettemicb-^Winnebourg-Ochsenhausen, &c. &c. &c. and the Sieur John Philip Baron Wessenberg, See. &c. 8cc. who, after having exchanged their full powers, found to be in good and due form^ have agreed upon the following Articles : I. The Islands of Corfu,^ Cephalonia, ZsLute, Santa Maura^ Ithaca, Cerigo and Paxo, with their dependencies, such as they are described in the Treaty between His Majesty the Emperor of all the Russias and the Ottoman Porte, of the 21st of March, 1800,* shi41 form a single, free, and independent State, under the deno- minatiop of the United States of the Ionian Islands. II. This State shall be placed under the immediate and ex- 9 •* Xhe Islands of Corfu, Zantc, Cephalonia, Santa Maura, Ithaca, Paxo, Cerigo, and all the large and small islands, inhabited and uninhabited, which are situated opponte to the coasts of the Mbrea and Albania, which were detached firom Venice, and haTc recently been conquered.*' — (Art. %,) 48 AUTRICHE, sive de Sa Majest6 le Roi du Royaiinie de la Grande^Breti^ne et d'lrlande, et de Ses h^ritierset successeurs. En cons^uence^ les autres Puissances Contractantes renon- cent i tout droit ou pretention particuliire qu'elles auraient pu fimner a cet 6gaird, et garantissent formellement toutes les dispo- sitions du present traits. III. Les Etats-Unis des Isles loniennes r6gleront avec I'ap- probation de la Puissance Protectrice, leur organisation int6rieure; «t pour donner k toutes les parties de cette organisation la con- ^stance «t Taction n6cessaire^ Sa Majeste Britannique vouera une soUicitude particuliire d la legislation et k Tadministration ginerale de ces ^tats. En consequence, Sa Majesty nommera pour y. r^sider un Liord commissaire sup^rieur qui sera iuvesti de toute Tautorite n^ces- aanre d cet effet. IV. Afio de mettre en execution sans d^lai, les stipulations consignees dans les articles precedens et fonder la reorganisation politique des Etats-Unis loniens, sur cette organisation qui est actuellement en vigueur, le Lord Commissaire superietir de la Pttbsance Protectrice, reglera les formes de convocation d'une assembiee legislative, dont il dirigera les operations k VeSet de rediger pour cet etat une nouvelle Charte Constitutionelle que Sa Majeste Britannique sera prie de ratifier. Jusqu'au moment oil une pareille Charte Constitutionnelle sera redigee et duement ratifiee, les Constitutions exbtantes resteront en vigueur dans les differentes isles, et aucun changement ne pourra y Stre fait que par Sa Majeste Britannique dans Son Conseil. V. Pour assurer sans restriction aux habitans des Etats-Unis des Isles loniennes, les avantages resultans de la haute protection sous laquelle ils sont places, ainsi que pour Texercice des droits infaerens d cette protection, Sa Majeste Britannique aura celui d'occuper les fortresses et places de ces Etats et d'y tenir gar- nison. La force militaire des dits Etats-Unis sera de m^me sous les ordres du commandant des troupes de Sa Msyeste Britannique. VL Sa Majeste Britannique consent k ce qu'une convention . AUSTRIA. 49 elusive protection of His Majesty the King of the United King* dom of Great Britain and Ireland, his heirs and successors. The other Contracting Powers do consequently renounce every right or particular pretension which they might have formed in respect to them, and formally guarantee all the dispositions of the pre- sent Treaty. III. The United States of the Ionian Islands shall, with th0 approbation of the Protecting Power, regulate their internal organization ; and, in order to give to all the parts of this organi- zation the necessary consistency and action. His Britannic Ma- jesty will employ a particular solicitude with regard to the legis- lation and the general administration of those States. His Majesty will therefore appoint a Lord High Commissioner to reside there, invested with all the necessary power and authorities for this purpose. IV. In order to carry into execution, without delay, the stipula^ tions mentioned in the articles preceding, and to ground the political re-organization of the United Ionian States, upon that organization which is actually in force, the Lord High Commis- sioner of the Protecting Power shall regulate the forms of con- vocation of a Legislative assembly, of which he shall direct the proceedings, in order to draw up a new Constitutional Charter for the States, which his Majesty the King of the United King- dom of Great Britain and Ireland shall be requested to ratify. Until such Constitutional Charter shall have been so drawn up, and duly ratified, the existing Constitutions shall remain in force in the different islands, and no alteration shall be made in them, except by His Britannic Majesty in Council. V. In order to ensure, without restriction, to the mhabitants of the United States of the Ionian Islands, the advantages re- sulting from the high protection under which these States are placed, as well as for the exercise of the rights inherent in the said protection, His Britannic Majesty shall have the right t^ occupy the fortresses and places of those States, and to maintain garrisons in the same. The military force of the said United States shall also be under the orders of the Commander-in-Chief of the troops of His Britannic Majesty. VI. His Britannic Majesty consents, that a particular Convcn- VOL. I. £ 50 AUTRICHE. particuli^re avec \t Gouvoraement des dits Etats-Unis^ r%le; d'apr^ ies rev^nus de TEtat, tous les objets relattfs au maintien del forteresses actuellement existantes, ainsiqu'^ I'entretien et au payemellt des gamisons Britanniques et au nombre d'hommes qui Ies composeront en ^ems de paix. La m^me Convention fixera en outre Ies rapports qui devront avoir lieu entre cette force urmte et le Gduvemement lonien. VII. Le paviHon marchand des Etats-Unis des Isles loniennes sera recomm par toutes Ies Parties Contractantes comme pavil- ion d'un Etat libre et ind^pendant. II portera avec Ies couleurs et au dessus des armoiries qu'il a d6pk>y6es avant mil-huit-cent- sept^ celles que Sa Majesty Britannique pourra juger i, propos de lui accorder en signe de la protection sous laquelie Ies dits Etats-Unis loniens sont plac^s^ et pour donner plus de poids eneore i cette protection^ tons Ies ports des dits Etats sont d^ clar6s ^tre, quant aux droits honorifiques et militaires, sous la jurisdiction Britannique. Le commerce entre Ies Etats-Unis loniens et Ies Etats de Sft Majesty Imp^riale et Royale Apostolique jouira des m^mes atantages et facUit^s que celui de la Grande-Bretagne avec lei dits Etats-Unis. II ne sera accr6dit6 aux Etats-Unis des Isles loniennes que des agens commerciaux^ ou Consuls charges uniquement de la gesdon des relations commercialese et assujettis aux r^glemens^ auxquel^ Ies agens commerciaux ou Consuls sont soumis dans d'autres Etats independans. VIII. Toutes Ies Puissances qui ont sign^ le Trait6 de Paris dn trente Mai, mil-huit-cent-quatorze, et TActe du Congris de Vienne du neuf Juin, niil-huit-cent-quinze, et en outre Sa Majesty le Roi des Deux Sieiles et la Porte Ottomane seront invites d ajec^der k la pr6sente Convention. IX. Le present Acte sera ratifi6 et Ies ratifications seront £chang6es dans deux mois ou plut6t si faire se pent. AUSTRIA. 51 tion with the Goyemment of the said United States shall regulate, according to the revenues of those States, every thing which may relate to. the maintenance of the fortresses already existing, as well as to the subsistence and payment of the British garrisons, and to the number of men of which they shall be composed in time of peace. The same Convention shall likewise fix the relations which are to exist between the said armed force and the Ionian Govern- ment. VII. Tlie trading flag of the United States of the Ionian Islands shall be acknowledged by all the Contracting Parties as the flag of a free and independent State. It shall carry with the colours, and above the armorial bearings thereon displayed before the year ]807> such other as His Britannic Majesty may think proper to grant, as a mark of the protection under which the said United Ionian States are placed ; and for the more effectual furtherance of this protection, all the ports and harbours of the said States are hereby declared to be, with respect to honorary and military rights, within British jurisdiction. The commerce between the United Ionian States and the dominions of His Imperial and Royal Apos- tolic Majesty shall enjoy the same advantages and facilities as that of Great Britain with the said United States. None but commercial agents, or Consuls, charged solely with the carrying on commercial relations, and subject to the regulations. to which commercial agents or Consuls are subject in other independent States, shall be accredited to the United States of the Ionian Islands.^ VIII. All the Powers which signed the Treaty of Paris of the 30th of May, 1814, and the Act of the Congress of Vienna of the 9th of June, 1815 ; and also His Majesty the King of the Two Sicilies, and the Ottoman Porte, shall be invited to accede to the present Convention. IX. The present Act shall be ratified, and the ratifications shall be exchanged in two months, or sooner, if possible. * See extract from the Constitutional Chart which follows this Treaty. E 2 52 AUTRICHE. En foi de quoi, les Pl^nipotentiaires respectifs Font sign^ et y ont appos6 le cachet de leurs armes. Fait k Paris, le cinq Novembre, mil-huit-cent-quinze. Sign^ (L.S.) Castlereagh. (L.S.) Wellington. (L.S.) Metternich. (L.S.) Wessisnbero. Documento relativo al Jrticolo V del Trattato precedents COSTITUZIONE DEGLI Stati Uniii delle Isole lonie unanimamente adottata e sanzionata dalV Assemblea Legisla- iiva net Giorno 9, Maggio, 1817. ESTRATTO. CAPITOLO Vll. Miscellanea. Sezione IV. Delle Relazioni Est ere. L Stante che nell' ultima parte dell' Articolo settimo del Trat- tato di Parigi ^ convenuto^ che nessuna persona, per parte di qualsiasi Potenza, sard ammessa in questi Stati, la quale posseda, o pretenda di possedere, alcun potere oltre di quelli che vengono definiti nell' articolo sopraddetto,vienequ) dichiarato : che qualsiasi persona assumesse qualunque autoritst, come agente di unaPotenza estera, eccetto quanto viene come sopra ordinato, potrd essere tradotta in giudizio innanzi al Supremo Consiglio di Giustizia, e andrslsoggetta,nel casoche risultasse colpevole, alle pene ordinate nei casi di alto tradimento contro lo Stato. II. Verun nativo, o suddito degli Stati Uniti delle Isole lonie, sari considerato persona competente a poter agire come Console, o Vice-Console, di alcuna Potenza estera negli stati medesimi. III. I ConsoliBritannici in tutti gli stati esteri, seuza eccezione, saranno consideriti avere il carattere di Consoli, e di Vice-Consoli AUSTRIA. 53 In witness whereof the respective Plenipotentiaries have signed it, and have affixed thereunto the seals of their arms. « Done at Paris the 5th day of November, in the year of our Lord one thousand eight hundred and fifteen. Signed (L.S.) Castlereagh. (L.S.) Wellington. - (L.S.) Metternjch. (L.S.) Wessenberg. Document referring to the Seventh Article of the preceding Treaty. CONSTITUTIONAL CHART of the United States of the Ionian Islands, as agreed on and passed unanimously by the Legislative Assembly, on the 2d of May, 1817. Extract. (Translation as laid before Parliament.) CHAPTER VII. Miscellaneous, Section IV. Of Foreign Relations, I. Whereas, in the latter part of the seventh Article of the Treaty of Paris, it is agreed, '^ that no person, from any Power whatsoever, shall be admitted within these States, possessing or pretending to possess any powers beyond those which are de- fined in the aforesaid article ;'' it is hereby declared, that any person who shall assume to himself any authority as an agent for a foreign Power, except as therein directed, shall be amenable to be tried before the Supreme Council of Justice, and be liable, if found guilty, to punishment, as in cases of high treasoq against the State. II. No native, or subject of the United States of the Ionian Islands shall be held competent to act as Consul or Vice-Consul for any foreign Power within the same. HI. The British Consuls, in all ports whatsoever, shall be con* sidered to be the Consuls and Vice-Consuls of the United States of 54 AUTRICHE. degH Stati Uniti delle Isole lonie^ ed i sudditi delle stesse avranno diritto alia pienissima loro protesiione. IV* Qualunque richiesta necessaria da farsi da questi Stati a qualunquePotenzaestera^sar^trasmessa dal prestantissimo Senato a Sua Eccellenza il Lord Alto Commissionario di Sua Maest^ il Sovrano Protettore^ il quale avanzer^ la medesima al ministro del Sovrano protettore residente nella Corte della detta Potenza, onde sia dal medesimo presentata in dovuta forma alia Potenza sudetta, y. L'approvazione della destiuazione di tutti gli agenti, o Consoli esteri negli Stati Uoiti delle Isole lonie^ sard fatta dal prestantissimo Senato per mezzo di Sua Altezza il Presidente del medesimo, col concorso di Sua Eccellenza il Lord Alto Commis- sionario del Sovrano Protettore. ' . VI. Colla mira di assicurare la massima protezione al com-, mercio di questi stati, tutti i bastimenti che navigheranno coperti della bandiera Ionia, prima di partire dai porti degli Stati lonii a' quali appartengono, dovranno essere muniti di un passo iirmato da Sua Eccellenza il Lord Alto Commissionario di Sua Maest;^ il Sovrano Protettore, e non sarat considerata legale la navigazione di qualunque naviglio che navigasse senza tal passo. Resta per6 riservato a Sua Maestd il Sovrano Protettore di decidere, se pltre al detto passo, sia necessario, che vengan pure muniti del passo deir ammiragliato della Grande Brettagna nel Mediter- raneo. Sezione V. Delia Sanitct. I. Stante che lo stato protettore, e lo Stato protetto faanno uguale diritto ed interesse nel grande oggetto della preservazione della salute pubblica, viene qui dichiarato : che la direzione della Sanitsi per tutti gli Stati Uniti delle Isole lonie i devoluta a Sua Eccellenza il Lord Alto Commissionario del Sovrano Protettore, il quale regolerd, a norma delle discipline Sanitarie, le relative contumacie da farsi in ogni caso, dandone le dovute notizie ; fisseri il numero degli uffiziali da essere impiegati, e nominerst in ogn* isola il capo del uffizio di Sanitd, che potrd essere suddito Britan- nico, olonio; ma. qualunque altra nomina su questo pruposito, sard soggetta all' approvazione del prestantissimo Senato ; e per AUSTRIA. 55 the loniao lalands, and the subjects of the sanie shall be entitled to their fullest protection. IV. All applications necessary to be made by these States to any foreign Power, shall be transmitted by the Senate to His Excellency the Lord High Conmiissioner of the Protecting Sove- reign, who shall forward the same to the ambassador or minister of the Protecting Sovereign, resident at the Court of the said foreign Power, for the purpose of submitting them in due form to the said Power. v. The approval of the appointments of all foreign agents, or ^onsuls, in the United States of the Ionian Islands, shall be by the Senate, through the medium of His Highness the President thereof^ with the concurrence of His Excellency the Lord High Com- missioner of the Protecting Sovereign. VI. With a view to ensure the most perfect protection to the commerce of these islands, e\ery vessel, navigating under the Ionian flag, shall be bound, before leaving the port of the Ionian States to which she belongs, to provide herself with a pass, signed by His Excellency the Lord High Commissioner of the Protecting Sovereign, and no vessel sailing without such pass, shall be considered as navigating according to law. But it is reserved to His Majesty, the Protecting Sovereign, to decide how far it may be necessary, that, independent of such pass, they should further be bound to supply themselves with Mediterranean passes* Section V. Of the Sanitd. I. Whereas the protecting and protected State have an equal right and interest in the great object of the preservation of the public health ; it is hereby declared, the controul of the Saniti throughout the United States of the Ionian Islands, shall be vested in the hands of His Excellency the Lord High Commissioner of the Protecting Sovereign, who shall regulate, according to the rules of Saniti, the relative quarantmes to be .performed in all instances, giving due notice of the same ; shall fix the number of officers to be employed, and name, in each island, the heads of Ihe office of Sanitsl, being either British or Ionian subjects : but all other appointments made upon this head shall be subject to 56 AUTRICHiS. quanto riguarda il numero di altri agenti del detto ufHzio^ ed il loro stipendioy ci6 verri preso in considerazione dall' Assemblea Legislativa, come fu gik esposto riguardo alia lista civile. II. L' uffizio della posta in ogn' isola sarsi d'ora innanzi cousi* derato come parte integraute dell' uffizio di Sanitd. Sezione VI. Delia Bandiera, e degli Stemmi Nazionali. I. La Bandiera Commerciale della Nazione degli Stati Uqiti delle Isole lonie^nel mpdo che yiene ordiqato nel settin^o Articolo del Trattato di Parigi, sard Tantica bandiera di questi Stati colF aggiunta dell' Unione Britannica da essere innestata nell' angolo ^uperiore presso I'asta. II. La bandiera Britannica verrd spiegata giomalmente in tutti i forti degli Stati Uniti delle Isole lonie ; ma nelle giorqate di pubblica festa ed esultanza, sard spiegata una bandiera^ che verrd espressamente fatta secondo il modello degli stemmi dei detti Stati. III. Le armi; o gli stemmi degli Stati Uniti delle Isole loni^ consisteranno d'ora innanzi nelle armi Britanniche nel ceqtro, circondate dalle armi di ciascuna delle isole componenti \ detti Stati. IV. Lo stemma di ciascuna delle Isole sard formato dalle armi proprie dell' Isola^ e da tale emblema denotante la protezione del Sovrapo Protettore^ quale verrd giudicato conveniente. Seziqne VII. Clamule General!. III. Nei casi di qualunque transazione marittimayC nella riscos- sione dei dazii^ spett^rd alle autoritd competent! d'impiegare d^i sudditi Britannici^ o Ipnii. V. Una legge speciale stabilird i termini, il tempo, ed il ipodo per la naturalizzazione dei sudditi esteri in questi Stati ; ipa i sudditi di Sua Maestd il Sovrano Protettore, avranno in ogni caso il diritto di naturalizzazione alia metd del tempo richiesto per quelli di qualunque altra Potenza estera; ed un suddito della Potenza protettrice, o di qualunque altre Potenza estera, pu6 essere ad un tratto naturalizzato per mezzo di nn apposito Bill, senza riguardo a verun periodo fisso di residenza in questi Stati, ciocche verrd spiegato nella medesima legge. AUSTRIA. 57 the approbation of the Senate, and, as far as relates to numbers and amount of salary, to the consideration of the Legislative As- sembly, as hereinbefore stated in regard to the civil list. II. The post-office in each island shall, hereafter, be considered as an integral part of the Sanit^. Section VI. Of the National Colours and Armorial Bearings. I. The National Commercial Flag of the United States of the Ionian Islands, as directed by the seventh Article of the Treaty of Paris, shall be the original flag of these States, with the addition of the British Union, to be placed in the upper comer, next to the flag-staff. II. On usual days, the British colours shall be hoisted on all the forts within the United States of the Ionian Islands ; but a standard shall be made, to be hoisted on days of public rejoicing and festivity, according to the model of the armorial bearings of the said States. III. The arms, or armorial bearings of the United States of the Ionian Islands shall hereafter consist of the British arms in the centre, surrounded by the arms of each of the islands com- posing the said States. IV. The armorial bearings of each of the Islands shall consist of the individual arms of the island, and such emblem, denoting the Sovereign Protection, as may be deemed advisable. Section VII. General Clauses. III. In the instance of all maritime transactions, and the col- lection of the custom's, it shall be competent for the proper au- thorities to employ either British or Ionian subjects. V. A specific law shall settle the terms, time, and mode for the naturalization of foreign subjects in these States ; but the subjects of the protecting Power shall, in all instances, be entitled to na- turalization in half the time that is required for those of any foreign Power; and a subject of the protecting. Power, or of any other Power, may be at once naturalized by a bill to that effect, without reference to any fixed time of residence in these States, which shall be laid down in the law itself. ( 58 ) BARBARY STATES. ALGIERS. TREATY between Great Britain and Algiers, signed at Algiers, \Oth April, 1682 * Articles of Peace and Commerce between the Most Serene and Mighty Prince Charles the Second, by the Grace of God King of Great Britain, France and Ireland, Defender of the Christian Faith, &c. and the Most Illustrious Lords, the .Bashaw, Dey, Aga, and Governors of the famous City and Kingdom of Algiers, in Barbary : concluded by Arthur Her- bert, Esquire, Admiral of His Majesty's Fleet in the Mediter- ranean Seas, on the Tenth day of April, old stile, 1682. I. In the first place it is agreed and concluded, that from this day, and for ever forwards, there be a true, firm and inviolable peace between the most Serene King of Great Britain, France and Ireland, Defender of the Christian Faith, &c. and the most illustrious Lords, the Bashaw, Dey, Aga, and Governors of the City and Kingdom of Algiers, and between all the Dominions and subjects of either side, and that the ships or other vessels, and ibe subjects and people of both sides shall not henceforth do to edch other any arm, offence or injury, either in word or deed, but shall treat one another with all possible respect and friendship. II. That any of the ships, or other vessels, belonging to the gaid King of Great Britain, or to any of His Majesty's subjects, may safely cotne to the port of Algiers, or to any other port or place of that kingdom, there freely to buy and sell, paying the * Renewed bjr the Treaty of 18th March, 1729. BARBARY STATES. 59 usual castoms of ten per cent, as in former times^ for such goods as tbey sell ; and the goods they sell not, they shall freely carry on board without paying any duties for the same ; and that they ^hall freely depart from thence whensoever they please, without any stop or hindrance whatsoever. As to contraband merchan- dises, as powder, brimstone, iron, planks, and all sorts of timber fit for building of ships, ropes, pitch, tar, fusils, and other habili- ments of war. His said Majesty's subjects shall pay no duty for the same to those of Algiers. III. That all ships, and other vessels, as well those belonging to the said King of Great Britain, or to any of His Majesty's subjects, as those belonging to the Kingdom or people of Algiers, shall freely pass the seas, and traffic without any search, hindrance or molestation from each other ; and that all persons or passen- gers, of what country soever, and all monies, goocb, merchandises and moveables, to whatsoever people or nation belonging, being on board of any of the said ships or vessels, shall be wholly free, and shall not be stopped, taken or plundered, nor receive any barm or damage whatsoever from either party. IV. That the Algier ships of war, or other vessels, meeting with any merchants' ships, or other vessels, of His said Majesty's subjects, not being in any of the ^eas appertaining to His Majesty's dominions, may send on board one single boat, with two sitters only, besides the ordinary crew of rowers, and that no more shall enter any such merchant ship or vessel, without express leave from the commander thereof, but the two sitters alone ; and tluit upon producing a pass under the hand and seal of the Lord High Admiral of England and Ireland, or of the Lord High Admiral of Scotland, for the said kingdoms respectively, or under the hands and seals of the commissioners for executing the office of Lord High Admiral of any of the said kingdoms, that the said boat shall presently depart, and the merchant ship or vessel shall pro- ceed freely on her voyage, and that although, for the space of fifteen months next ensuing after the conclusion of this peace, the said commander of the merchant ship or vessel produce no such pass, yet if the major part of the seamen of the said ship or ves- sel be subjects of the said King of Great Britain, the said boat shall immediately depart, and the said merchant ship, or vessel. 60 ALGIERS. shall freely proceed on her voyage ; but that after the said fifteen months, all merchants' ships, or vessels, of His said Majesty's sub- jects shall be obliged to produce such a pass as aforesaid. And any of the ships of war, or other vessels, of His said Majesty, meeting with any ships, or other vessels, of Algiers, if the com- mander of any such Algier ship, or vessel, shall produce a pass firmed by the chief governors of Algiers, and a certificate from the English Consul living there, or if they have no such pass, or certificate, yet if, for the space of fifteen months next ensuing the conclusion of this peace, the major part of the ship's company be Turks, Moors, or slaves belonging to Algiers, then the said Algier ship, or vessel, shall proceed freely ; but that, after the said fifteen months, all Algiers ships, or vessels, shall be obliged to produce such a pass and certificate as aforesaid. V* That no commander, or other person, of any ship, or vessel, of Algiers, shall take out of any ship, or vessel, of His said Ma- jesty's subjects, any person or persons whatsoever, to carry them any where to be examined, or upon any other pretence; nor shall they use any torture, or violence, to any person of what nation or quality soever, being on board any ship, or vessel, of His Ma- jesty's subjects, upon any pretence whatsoever. VI. That no shipwreck belonging to the said King of Great Britain, or to any of His Majesty's subjects, upon any part of the coast belonging to Algiers, shall be made or become prize, and that neither the goods thereof shall be seized, nor the men made slaves ; but that all the subjects of Algiers shall do their best endeavours to save the said men and their goods. VII. That no ship, nor any other vessel of Algiers, shall have permission to be delivered up, or go to Sally, or any place in enmity with the said King of Great Britain, to be made use of as corsairs, or sea-rovers, against His said Majesty's subjects.. VIII. That none of the ships, or other smaller vessels of Al- giers, shall remain cruising near or in sight of His Majesty's city and garrison of Tangier, or of any other of His Majesty's roads, havens or ports, towns and places, nor any ways disturb the peace and commerce of the same. IX. That if any ship, or vessel, of Tunis, Tripoli, or Sally, or of any other place, bring any ships, vessels, men or goods be* BARBARY STATES. 6l longing to any of His said Majesty's subjects, to Algiers^ or to any port or place in that kingdom, the goTemors there shaH not permit them to be sold within the territories of Algiers. X* lliat if any of the ships of war of die said King of Great >Britain do come to Algiers, or to any other port or place of that kingdom, with any prize, they may freely sell it, or other\iise to dispose of it at their own pleasure, without being molested by any : and that His Majesty's said ships of war shall not be obliged to pay customs in any sort ; and that if diey shall want provi- sions, victuals, or any odier things, they may freely buy them at the rates in the market. XI. That when any of His said Majesty's ships of war shall appear before Algiers, upon notice thereof given by the English Consul, or by the commander of the said ships, to the chief go- vernors of Algiers, public proclamation shall be immediately made to secure the Christian captives; and if, after that, any Christians whatsoever make their escape on board any of the said ships of war, they shall not be required back again, nor shall the said consul or commander, or any other His Majesty's subjects, be obliged to pay any thing for the said Christians. XII. That from, and after, the time that the ratification of this Treaty by the King of Great Britain shall be delivered to the chief governors of Algiers,no subjects of His said Majesty shall be bought or sold, or made slaves in any part of the Kingdom of Algiers, upon any pretence whatsoever. And the said King of Great Britain shall not be obliged, by virtue of this Treaty of Peace, to redeem any of His subjects now in slavery, or who may be made slaves before the said ratification ; but it shall depend absolutely upon His Majesty, or die friends and relations of the said persons in slavery, without any limitation or restriction of time, to redeem such, and so many of them, from time to time, as shall be thought fit, agreeing of as reasonable a price as may be, with their patrons or masters, for their redemption, without obliging die said pa- trons or masters, against their wills, to set any at liberty, whether they be slaves belonging to the Beylicque or Gaily, or such as belong to the Bashaw, Dey, Governor, Aga, or any other persons whatsoever. And all slaves, being His Majesty's subjects, shall, when they are redeemed, enjoy the advantage and benefit of 62 ALGIERS. abatements of the dutj due to the royal house^ and of the othef charges^ by paying such reaatMmble sums as any slaves of other nations usually pay when they are redeemed. XIII. That if any subject of the said King of Great Britain happen to die in Algiers, or in any part of its territories, his goods or monies shall not be seized by the Governors, Judges, or other officers of Algiers (who shall likewise make no enquiry after the same) but the said goods or monies shall be possessed or received by such person or persons whom the deceased shall by his last will have made his heir, or heirs, in case they be upon the place where the testator deceased. But if the heirs be not there, then the executors of the said will, lawfully consti- tuted by the deceased, shall, after having made an inventory of all the goods and monies left, take them into their custody without any hindrance, and shall take care the same be remitted by some safe way, to the true and lawful heirs ; and in case any of His said Majesty's subjects happen to die, not having made any will, the English Consul shall possess himself of his goods and monies upon inventory, for the use of the kindred, and heirs of the deceased. XIV* That no merchants being His Majesty's subjects, and residing in, or trading to the City and Kingdom of Algiers, shall be obliged to buy any merchandises against their wills; but it shall be free for them to buy such commodities as they shall Aink fit, and no captain or commander of any ship or vessel be- longing to His said Majesty's subjects, shall be obliged against his will to lade any goods to carry them, or make a voyage to any place he shall not have a mmd to go to : and neither the Eng- li^ Consul, nor any other subject of the said King, shall be bound to pay the debts of any other of His Majesty's subjects, except that he or they become sureties for the same by a public act. XV. That the subjects of His said Majesty in Algiers, or its territories, in matter of controversy, shall be liable to no other jurisdiction but that of the Dey or Duan, except they happen to be at difference between themselves, in which case they shall be liable to no other determination but that of the Con- sul only. BARBARY STATES. 6S XVI. That in case any sabject of His said Majesty being ki any part of the Kingdom of Algiers, happen to strike^ wound^ or kill a Turk or a Moor, if he be taken, he is to be punished in the same manner, and with no greater severity than a Turk ought to be, being guilty of the same offence ; but if he escape, nei- ther the said English Consul, nor any other of His said Majesty's subjects, shall be in any sort questioned and troubled therefore* XVn. That the English Consul now, or at any time here- after living in Algiers, sliall be there at all times with entire free- dom and safety of his person and estate, and shall be permitted to choose his own druggerman and broker, and freely to go on board any ships in the road, as often and when he pleases, and to have the liberty of the country ; and that he shall be allowed a place to pray in, and that no man shall do him any injury in word or deed. XVni. That not only during the continuance of this peace and friendship, but likewise if any breach of war happen to be hereafter between the said King of Great Britain and the King- dom of Algiers, the said English Consul, and all other His said Majesty's subjects inhabiting in the Kingdom of Algiers, shall always, and at all times, both of peace and war, have full and absolute liberty to depart and go to their own, or any other country, upon vaj ship or vessel, of what nation soever, they shall think fit; afid to carry with them all their estates, goodiS, families and servants, without any interruption or hindrance. XIX. That no subject of His said Majesty, being a passenger, and coming or going with his baggage, from or to any port, shall be any way molested or meddled with, although he be on board any ship or vessel in enmity with Algiers ; and in like manner no Algeriue passenger being on board any ship or vessel in enmity with the said King of Great Britain, shall be any way molested, whether in his person, or in his goods which he may have laden on board the said ship or vessel. XX. That at all times when any ship of war of the King of Great Britam's, carrying His said Majesty's flag at the main top- mast head, shall appear before Algiers, and come to an anchor in the roads ; that immediately after notice thereof given by His said Majesty's Con^l, or officer, from the ship unto the Dey and 64 ALGIERS. Government of Algiers, they shall in honour to Hk Majesty^ cause a salute of one-^and-twenty cannon to be shot off from the castles and forts of the city, and that the said ship shall return an answer by shooting off the same number of cannon. XXI. That presently after the signing and sealing of these Articles, by the Bashaw^ I^ey, Aga, and Governors of Algiers, all injuries and damages sustained on either part, shall be quite taken away and forgotten, and this peace shall be in full force and virtue, and continue for ever. And for all depredations and damages that shall be afterwards committed or done by either side, before notice can be given of this peace, full satisfaction shall immediately be made, and whatsoever remains in kind, shall be instantly restored. XXII. That in case it shall happen, hereafter, that any thing is done or committed contrary to this Treaty, whether by the sub- jects of the one or the other party ; the Treaty, notwithstanding, shall subsist in full force, and such contraventions shall not occa- sion the breach of this peace, friendship, and good correspon- dence ; but the party injured shall amicably demand immediate satisfaction for the said contraventions before it be lawful to break the peac^ ; and- if the fault was committed by any private subjects of either Party, they alone shall be punished as breakers of the peace, and disturbers of the public quiet. And our faith shall be our faith, and our word our word. Confirmed and sealed in the presence of Almighty God, the 10th day of April, in the year of our Lord Jesus Christ, l682> and in the year of the Hegira, 1093, and the 1 Ith day of the Moon, Abril. Signed Arthur Herbert. Article concerning Passes, Whereas on the 10th day of April, 1682, there was a Treaty of Peace concluded between the Most Serene King of Great Bri- tain, France and Ireland, Defender of the Christian Faith, &C. and the Most Illustrious Lords the Bashaw, Dey, Aga, and Go- BARBARY STATES. 63 vemors of the City and Kingdom of Algiers, to which Treaty there was annexed a fonn of Passes for the ships belonging to the subjects of the said King of Great Britain; it is hereby agreed and expressly declared, that the said form annexed to the said Treaty being no part thereof, the Lords High Admirals or Commissioners of the Admiralty of His said Majesty's Domi- nions, are at full liberty in giving the said Passes, to use the form of words hereunto annexed, which shall be good and sufficient to all intents and purposes. Confirmed and sealed, in the presence of Almighty God, the 5th day of March, in the year of our Lord JeSus Christ, 1683, being in the year of the Hegira, 1094, and the 17th day of the Moon, Moolout. Form of t fie Pass. Suffer the Ship to pass with her company, passengers, goods and merchandizes, without any let, hindrance, seizure or molesta- tion, the said ship appearing unto me (or us) by good testimony, to belong to the subjects of our Sovereign Lord the King, and to no foreigners. Given under my hand (or our hands) and the seal of my (or our) office of Admiral, at the day of in the year of our Lord To all persons whom these may concern. By comrmand of Note. — That the late Commission of the Admiralty of England having been determined, and the administration of the affairs thereof (and particularly that of signing Passes) taken into His Majesty's own Royal Hand, the form of the forementioned Pass has received the following alterations, viz. James the Second, by the Grace of God, King of England,, Scotland, France and Ireland, Defender of the Faith, &c. To all persons whom these may concern, greeting. VOL. I. F 68 Algiers. part, and the merchant ship or vessel shall proceed freely on her votyage : and any of the ships of war, or other vessels of His said Majesty, meeting with any ships or other vessels of Algiers, if the commander of any such Algier ship or vessel shall produce a' Pass firmed by the chief governors of Algiers, and a certificate from the English Consul living there, the said Algier ship or vessel shall proceed freely. V* That no commander, or other person, of any ship or vessel of Algiers, shall take out of any ship or vessel of His said Ma- jesty's subjects, any person or persons whatsoever, to carry them any where to be examined, or upon any other pretence ; nor shall they use any torture or violence to any person of what nation or quality soever, being on board any ship or vessel of His Majesty's subjects, upon any pretence whatsoever. VI. That no shipwreck belonging to the said King of Great Britain, or to any of His Majesty's subjects, upon any part of the coast belonging to Algiers, shall be made or become prize ; and that neither the goods thereof shall be seized, nor the men made slaves ;• but that all the subjects of Algiers shall do their best en- deavours to save the said men and their goods. Vn. That no ship, nor any other vessel of Algiers, shall have permission to be delivered up, or go to Sally, or any other place in enmity with the said King of Great Britain, to be made use of as oor6airs,.or sea-rovers, against His said Majesty's subjects. VHI. That none of the ships, or other smaller vessels of Algiers, shall remain cruising near or in sight of any of His Ma- jest/s roads,, havens, or parts, towns and places, nor any way disturb the peace and commerce of the same. IX. That if any ship or vessel of Tunis, Tripoly, or Sally, or of any other place, bring any ships, vessels, men, or goods^ be- longing to any of His said Majesty's subjects, to Algiers, or to any port or place in that Kingdom, the Governors there shall not permit them to be sold within the territories of Algiers. X. That if any of the ships of war of the said King of Great Britain do come to Algiers, or any other port or place of that Kingdom,, with any prize, they may freely sell it, or otherwise to dispose of it at their own pleasure, without being molested by any; and that His Msyesty's said ships of war shall not be obliged BARB A R Y STATES. 69 to pajr customs in any sort ; and that if they shall want provisions, victuals^ or any other things, they may freely bay them at the rates in the market. XI. That when any of His said Majesty^s ships of war shall appear before Algiers ; upon notice thereof given by the English Consul, or by the commander of the said ships to the chief Governors of Algiers, public proclamation shall be immediately made to secure the Christian captives; and, if after that any Christians whatsoever make their escape on board any of the said ships of war, they shall not be required back again, nor shall the said Consul, or Commander, or any other of His Majesty-'a subjects, be obliged to pay any thing for the said Chrisdans. Xn. That henceforward no subjects of His Majesty of Grett Britain, Sec. shall be bought or sold, or made slaves in any part of the Kingdom of Algiers, upon any pretence whatsoever : nor shall His Majesty be obliged, by virtue of this Treaty of Peace, to redeem any of His subjects now in slavery ; but it shall depend absolutely upon His Majesty, or the friends and relations of the said persons in slavery, without any limitation or restriction of time, to redeem such, and so many of them, from time to time, as shall be thought fit, agreeing of as reasonable a price as may be with their patrons, or masters, for their redemption, without obliging the said patrons or masters against their will to set any at liberty, whether they be slaves belonging to the Beylicque or Galley, or such as belong to the Bashaw, Dey, Governor, or any. other persons whatsoever : and all slaves, being His Majesty's subjects, shall, when they are redeemed, enjoy the advantage and benefit of abatements of the tiuty due to the Royal House, and of the other charges, by paying such reasonable sums as any slaves of other nations usually pay when they are redeemed. XIII. That if any subject of the said King of Great Britain happen to die in Algiers, or in any part of its territories, his goods and monies shall not be seized by the Governors, Judges or other oflScers, (who shall likewise make no enquiry after the same) but the said goods and monies shall be possessed or re* ceived by such person or persons, whom the deceased, by his last will, shall have made his heir or heirs, in case they be upon the place where the testator deceased ; but if the heirs be not f3 70 ALGIERS. jtfaere^ then the executors of the said will, lawfully constituted by the deceased^ shall, after having made an inventory of all the goods and monies left, take them into their custody without any hindrance, and shall take care the same be remitted by some safe way to the true and lawful heirs ; and in case any of His said Majesty's subjects happen to die, not having made any will, the English Consul shall possess himself of his goods and mcmies upon inventory, for the use of the kindred and heirs of the de- ceased. XIV. That no merchants, being His Majesty's subjects, and residing in, or trading to the City and Kingdom of Algiers, shall be obliged to buy any merchandizes against their wills ; but it shall be free for them to buy such commodities as they shall think fit ; and no captain, or commander of any ship or vessel belonging to His said Majesty's subjects, shall be obliged against his will to lade any goods, to carry them, or make a voyage to any place he shall not have a mind to go to : and neither the English Consul, nor any other subject of the said King, shall be bound fx> pay the debts of any other of His Majesty's subjects, except that he or they become sureties for the same by a public act. XV. That the subjects of His said Majesty in Algiers, or its territories, in matter of controversy, shall be liable to no other jurisdiction but that of the Dey or Divan, except they happen to be at difference between themselves ; in which case they shall be liable to no other determination but that of the Consul only. XVI. That in case any subject of His said Majesty, being in any part of the Kingdom of Algiers, happen to strike, wound, or kill a Turk, or a Moor, if he be taken, he is to be punished in the same manner, and with no greater severity, than a Turk ought to be, being guilty of the same offence ; but if he escape, neither the said English Consul, nor any other of His said Ma- jesty's subjects, shall be in any sort troubled or questioned there- fore. XVII. That the English Consul now, or at any time, living in Algiers, shall be there at all times with entire freedom and safety of his person and estate, and shall be permitted to choose his own druggerman and broker, and freely to go on board any ship in the road, as often, and when he pleases, and to have the liberty BARBARY STATES. 71 of the coaotry^ aind tkat he shall be allowed a place to pray in, and that no man shall do him any injufy in word or deed. X VIII. Hiat not only during the continuance of this peace and friendship, but likewise if any breach, or war, happen to be hereafter between the said King of Great Britain and the King- dom of Algiers, the said English Consul, and all other His said Majesty's subjects inhabiting in dbe Kingdom of Algiers, ufaall always, and at aH times, both of peace and war, have full aad absolute liberty to depart, and go to their obh or any odnr country, upon any ship or vessel of what aalaon soever they sfaaii think fit, and to carry with them all their estates, goods, familiet, and servants, without any intemiptioa or htndrisuice. XIX. Tliat no subject of His saidMs^sty, being a passenger, tod coming or going widi his baggage from or to any port, shall be any way molested or meddled with, dthough he be on board any ship or vessel in enmity with Algiers : and in like manner, no Algerine passenger being on board any ship or vessel in enmity with the said King of Great Britain, shall be any way molested, whether in his person or in his goods, which he may have laden on board the said ship or vessel. XX. That at all times, when any ship of war of the King of Great Britain's, carrying His said Majesty's flag at the main top- mast head, shall appear before Algiers, and come to an anchor in the road ; that immediately after notice thereof given by His said Majesty's Consul or officer from the ship unto the Dey and Government of Algiers, they shall, in honour to His Majeaty, cause a salute of one-and-tM^enty cannon to be shot from the castles and forts of the city ; and that the said ship ehall return an answer by shooting off the same number of cannon. XXI. That presently after the signing and sealing of diese Articles by the Bashaw, Dey, Aga, and Governors of Algiers, all injuries and damage sustained on either part shall be (|uite taken away and forgotten, and this peace shall be in frill force and virtue, and continue for ever: and for all deppedaticms and damages that shall be afterwards o4>mmitted, or done, by either side, before notice can be given of this peace, full satisfaction shall immediately be made, and whatsoever remains in kind shall be instantly restored. f4 72 ALGIERS. XXII. That in case it shall happen hereafter^ that any thing is done or committed contrary to this Treaty, whether by the subjects of the one or the other party, the Treaty notwithstanding shall subsist in full force, and such contraventions shall not occa- sion the breach of this peace, friendship, and good correspond- ence ; but the party injured shall amicably demand immediate satisfaction for the said contraventions, before it be lawful to break the peace ; and if the fault was committed by any private subjects of either party, they alone shall be punished as breakers of the peace, and disturbers of the public quiet : and our faith shall be our faith, and our word our word. Confirmed and Sealed in the presence of Almighty God, the 5th day of April, in the year of our Lord Jesus Christ, 1686, and in the year of the Hegira, U)97> and the three-and- twentieth day of the Moon, Gemasilavel. Signed Wm. Soame. TREATY between Great Britain and Algiers. Signed at Jlgiers, nth Jugust, 1700.* Peace confirmed, and additional Articles made with the Govern- ment of Algier, by Capt. Munden, and Consul Cole. I. We the Most Excellent and Most Illustrious Lords Mustapha Dey, Ali Bashaw, and Mustapha Aga, Governors of the most famous and warlike City and Kingdom of Algier, by these presents do renew and confirm the peace we so happily enjoy with the King of Great Britain, France and Ireland, Defender of the Chris- tian Faith, and His subjects, made in the year 1 682, in every part and article, more particularly that of the 8th, wherein it is ex- pressed, that no ship or vessel belongmg to ourGovemment of Al- gier shall cruize near or in sight of any of the roads, havens, or ports, towns or places belonging to the said King of Great Britain, ot any way disturb the peace and commerce of the same : and in compliance with the 8th Article of that Treaty, we do sincerely promise and declare, that such orders shall for the future be given ♦ Renewed bj (lit Trcatj of 18tli March, 1729. BARBARY STATES. 73 to all our coinmaiiderSy that, under a severe punishment^ and ouir utmost displeasure, they shall not enter into the Channel of Eng- land, nor come to cruize, nor come in sight of any port of His Ma- jesty of Great Britain's Dominions any more for the time to come. II. That whereas we had declared, that all ships and vessels belonging to the said King of Great Britain should have Passes by the last of September, 1700, we do by these declare, at the desire of Captain John Munden, Commander in Chief of His Majesty's ships in the Mediterranean, and Robert Cole, Esq. His Majesty's Consul, now residing at our City of Algier, on the behalf of their great master, that no Passes shall be required or expected from any of the English ships or vessels in any part of the world ; but that they shall proceed on their voyage, without producing or showing a Pass to any of our cruizers till the last of September, 1701 : and after that time is expired, and any ship of England be seized, not having a pass, we do hereby declare, that the Goods on that ship shall be prize; but the master, men, und ship, shall be restored, and the freight immediately paid to the said master, to the utmost value as if he should have gone safe to the port whither he was bound. III. That whereas Captain John Munden has given us good assuraace that he had a great affront some years past firom some of our rude sailors at the Mould ; we do hereby promise, that at all times, whenever any of the King of Great Britain's ships of war come to this place, order shall be given to an officer of the Government immediately, who shall attend at the Mould all the day-time, during their stay here, to prevent any such disorder for the future, that no misunderstanding may happen between us ; and if any such disorder should happen, the officer of the Mould shall secure the person or persons, and they shall be punished with the utmost severity. IV. By the help of God, and if He please, these Articles now made between us shall be maintained : to the truth of which we have hereunto set our seals in Algier, in the year of the Hegira, 1112, and is the account of the Christians, August 17, 1700. Signed John Munden. (L.S.)* (L.S.) Robert Colc. 74 ALGIERS. TREATY between Great Britain and Algiers, Signed at Algiers, ^Sth October, 1703,* Articles of Peace and Commerce between the Most Serene and Mighty Princess Anne, by the Grace of God, Queen of Great Britain, France and Ireland, Defender of the Christian Faith, 8cc. and the Most Illustrious Lord Mustapha Dey, the Bashaw, Aga, and Governors of the famous City and Kingdom of Algiers, in Barbary ; ratified, confirmed, and renewed, by George Byng, Esq. Rear Admiral of the Red Squadron of Her Majesty's Fleet, on the 28th day of October, old style, 1703. I. In the fii-st place it is agreed and concluded, that from this day, and for ever forwards, that the peade made by Arthur Her- bert, Esq., then Admiral of Her Majesty's Fleet, in the Medi- terranean, in the year 1682, and since confirmed by Sir William Soame, Bart. Ambassador to the Grand Signior, in the year 1683, with the additional articles agreed to with Captain Mun- den and Consul Cole, in die year 1700, be renewed and con- firmed, (vfith the farther addition to die articles agreed to in this Treaty with George Byng, Esq. Rear Admiral of the Red Squadron of Her Majesty's fleet) be kept inviolable between the Most Serene Queen of Great Britain, France and Ireland, De- fender of the Christian Faith, &€. and the most Illustrious Lord Mustapha Dey, the Bashaw, Aga, and G ovemors of the famous City and Kingdom of Algiers, and between all the dominions and sub- jects of either side, and that the ships and other vessels, and the subjects and people of both sides, shall not faencefoith do to each other any harm, offence, or injury, eith^ in word or deed, but shall treat one another with all possible respect and friendship ; and that all demands and pretences whatsoever to this day, be- tween both parties, shall cease and be void. II. That, whereas, by the said Articles of Peace, made and concluded by Admiral Herbert, it was agreed the subjects of £ngland should pay ten per cent, custom for the goods they should sell at Algiers, or domimonB thereof. Now, for the bet- ter settling and maintaining a good commerce between the sub- *.fiieiiewed b^r the Treaty of IBth March« 1729. BARBARY STATES 75 jects of England and those of Algiers, it is agreed and declared, . that from henceforwaid the subjects of England shall pay but five per cent, custom for the goods they shall sell at Algiers^ and that contraband goods, as is declared before, shall pay no custom. III. And it is farther agreed and declared, that all prizes taken by any of Her Majesty of Great Britain's subjects, and all ships and vessels built and fitted out in any of Her Majesty's planta- tions in America that have not been in England, shall not be molested in case of no Pass ; but that a certificate in writing un- der the hand of the commanding officers that shall so take prizes^ or Chief of any of Her Majesty's plantations in America, or where any ships shall be built or fitted, shall be a sufficient pass to either of them : and our faith shall be our faith, and our word, our word. Coufirmed and sealed in the presence of Almighty God, the 28th day of October, in the year of our Lord Jesus Christ, 1703, and in the year of the Hegira, 1] 15, and the Ist day of the Moon, Regep. Signed 6. Byng. TREATY between Great Britain attd Algiers. Signed at Algiers, 20 October, 17 16.* Articles of Peace and Commerce between the MostSerene and Mighty Prince George, by the Grace of God, King of Great Britain, France and Ireland, Defender of the Christian Faith, &c. and the Most Illustrious Lord Ally, Dey, Bashaw, and Go- vernor of the famous City and Kingdom of Algiers, in Barbary; ratified, confirmed, and renewed, by Captain Conigsby Nor- bury, Commander of His Majesty's ship, Argyle, Captain Ni- cholas Eaton, Commander of His M ajesty's ship, Chester, and Thomas Thompson, Esq. His Majesty's Consul at Algiers, on the 29th day of October, 1 7l6, by Virtue of a full Power given and granted to us by John Baker, Esq. Vice Admiral of the Blue Squadron of His Britannic Majesty's fleet, and Admiral and Commander in Chief of His Majesty's ships employed and to be employed in the Mediterranean. * Renewed by the Treaty of iSth March, 17t9. 76 ALGIERS. I. In the first place it is agreed and concluded, that from this day^and for ever forwards, the peace made by Arthur Herbert, Esq. dien Admiral of His Majesty's fleet, in the Mediterranean in 16^2; f nd since confirmed by Sir Wm. Soame, Bart. Ambassador to tlie Grand Signior,in I6B6, with the additional Articles agreed to with Capt. Munden and Consul Cole, in the year 17OO. And likewise the farther additional Articles agreed to with George Byng, Esq. then Rear Admiral of the Red Squadron of Her Majesty's fleet, in the year 1703, be renewed and confirmed, together with the additional Articles agreed to in this Treaty with Captain Coningsby Norbury, Commander of His Majesty's ship, Argyle, Captain Nicholas Eaton, Commander of His Majesty's ship, Chester, and Thomas Thompson, Esq. His Majesty's Consul at Algiers, be kept inviolable between the Most Serene King of Great Britain, France and Ireland, Defender of the Christian Faith, &c. and the Most Illustrious Lord Ally, Bashaw, Dey and Governor of the warlike City of Algiers in the West, the Aga, Kahya, and the rest of the Honourable Seniors of the Divan, and between all the dominions and subjects of either side ; and that the ships and other vessels, and the subjects and people of either side, shall not henceforth do to each other any harm, ofl^ence, or injury, either in word or deed, but shall treat one another with all possible respect and friendship. And if any demands or pretences shall be now left depending between the subjects or others of either party, they shall be amicably redressed, and full satisfaction shall be made to each other according to the truth and justice of their claim, and that this Treaty shall not cancel or make void the same. II. That as the Island of Minorca in the Mediterranean Sea, and the city of Gibraltar, in Spain, have been yielded and annexed to the Crown of Great Britain, as well by the King of Spain^ as by all the several Powers of Europe engaged in the late war: now it is hereby agreed and fully concluded, that from this time forward for ever, the said Island of Minorca, and the city of Gibraltar, shall be esteemed in every respect, by the government and people of Algiers, to be part of His Britannic Majesty's own Dominions, and the inhabitants thereof to be looked upon as His Majesty's na- tural subjects, iu the same manner as if they had been bom in any BARBARY STATES. 77 otlier part of Great Britain ; and they, with their ships and ves- sels wearing British colours, and being furnished with proper Passes, shall be permitted freely to trade and traffic in any part of the Dominions of Algiers, and shall pass without any molesta* tion whatsoever, and shall have the same liberties and privileges that are stipulated in this, and have been made in all other Trea« ties in the behalf of the British nation and subjects ; and therefore none of the cruizers of AJgiers shall at any time cruize within sight of the ports of the said Island of Minorca, or city of Gib- raltar. III. That if an English ship shall receive on board any passen- gers and goods belonging to the Kingdom of Algiers, they shall defend them and their goods so far as lieth in their power, and not deliver them to their enemies ; and the better to prevent any unjust demands being made upon the Crown of Great Britain, and to avoid disputes and differences that may arise, all goods and merchandizes that shall from henceforward be shipped by the subjects of Algiers, on board the ships or vessels of Great Britain upon freight, shall be first registered in the office of Can- cellaria, before the British Consul residing in the port where they are shipped, and the quantity, quality, and value thereof shall be expressed, and the Consul is to manifest the same in the clearance given to the ship or vessel before she shall depart ; to the end, that if any cause of complaint should happen hereafter, there may be no greater claim made on the British nation, than what by this method may be proved just and equitable. IV. That if any of the Algerine cruizers shall meet with any British ships provided with scollop Passes of either ships or sat- tees, that shall fit with those delivered to them by the British Con- sul, they shall pass free and unmolested. Signed Con. Norbury. N. Eaton. Tho. Thomson. Algiers^ S9 October, 17 16. 78 ALGIERS. TREATY between Great Britain and Algiers. Signed at Algiers, 1 8/ A March, 17^9.* Articles of Peace and Commerce between the Most Se- rene and Mighty Prince, George the Second, by the Grace of God, King of Great Britain, France and Ireland, De- fender of the Christian Faith, 8cc., and the Most Illustrious Lord Abdy, Dey^ Bashaw and Governor of the famous City and Kingdom of Algiers, in Barbary; ratified, confirmed, and renewed by Philip Cavendish, Esq., Rear Admiral of the Red Squadron of His Britannic Majesty's fleet, and Admiral and Commander in Chief of His Majesty's ships employed in the Mediterranean, being properly empowered for that purpose. , In the first place : It is agreed and concluded, that, from this day and for ever forward, the peace made by Arthur Herbert, Esq. (hi 1682) then Admiral of His Majesty's fleet ; and Sir William Soame, Bart. Ambassador to the Grand Signior, in the year 1686; with the additional Articles agreed to with Captain Mun- den and Consul Cole, in the year 1700; and likewise the farther additional Articles agreed to with George Byng, Esq. then Rear Admiral of the Red Squadron of Her Majesty's fleet, in the year 1 703 ; together with the additional Articles agreed to with Cap- tain Coningsby Norbury, Commander of His Majesty's ship, Argyle, Captain Nicholas Eaton, Commander of His Majesty's ship, Chester, and Thonms Thompson, Esq. His Majesty's Con- sul at Algiers, in the year I7l6, be renewed and confirmed in this' Treaty with Philip Cavendish, Esq. Rear Admiral of the Red Squadron of His Majesty's fleet ; the same to be kept in- violable between the Most Serene King of Great Britain, France and Ireland, Defender of the Christian Faith, Sec, and the Most Illustrious Lord Abdy, Dey, Bashaw and Governor of the warlike City and Kingdoms of Algiers, and between all the dominions and subjects on either side ; and that the ships and others vessels, and subjects and people of either side, shall not henceforth do to each other any harm, offence, or injury, either in word or deed, ♦ Renewed by Treatj of 28th August, 1816. BARBARY STATES. 79 but shall treat one another with all possible respect and friend- ship ; and if any demands or pretensions shall be now left de- pending between the subjects or others of either party^ they shall be amicably redressed, and full satisfaction made to each other according to the truth and justice of their claim, and that this Treaty shall not cancel or make void the same. Confirmed and sealed in the presence of Almighty God, the Eighteenth day of March, in the year of our Lord Jesus Christ, 1729^ and in the year of the Hegira, 1]4£, and the Tenth day of the Moon, Ramadan. Signed Phil. Cavendish. ADDITIONAL ARTICLE betwem Great Bntain and Al- giers. Signed at Algiers, 3d June, 1751.* Additional Article to the Ancient Treaties subsisting between His Britannic Majesty and the Dey and Govern- ment of Algiers, agreed to by the present Dey, Mahommed Effendi and His said Majesty's Plenipotentiaries the Ho- nourable Augustus Keppel, and Ambrose Stanyford, Esq. His Majesty's Agent and Consul General, at Algier. That all packets or express-boats, bearing His Britannic Ma- jesty's Commission, which shall be met by any of the cruizers of Algiers, shall be treated with the same respect as His Majesty's ships of war, and all due respect shall be paid to His Majesty 'a commission; and both at meeting and parting, they shall be treated as friends : aud if any of the Algerine cruizers commit the least fault or violence against them, the captains or raizes so of- fending, shall, on their arrival at Algiers, and proper complaint being made of them, be most severely punished, without admit- ting of their excuses. Dated at Algiers the Third day of June^ 1751, and in the year of the Hegira, 1164, the Twentieth day of Moon, Kegib. Signed Augustus Keppel. Ambrose Stanyford. * Renewed by Treaty of 28th August, 1816. 80 ALGIERS. TREATY between Great Britain and Algiers. Signed at Al- gierSf \4 Mai/f 1762.* Articles of Peace and Commerce between the Most Strjne aiiJ M.glUy Prince George the Third, by the Grace of God, King of Great Britain, France and Ireland, Defender of the Christian Faith, Duke of Brunswick and Lu- nenburg, Arch-Treasurer and Prince Elector of the Holy Roman Empire, &c. &c. &c. And the Most Illustrious Lord Ally, Bashaw, Dey and Governor of the warlike City and Kingdom of Algier, in Barbary, concluded, ratified, con- firmed, and renewed, by his Excellency Archibald Clevland, Esq. His Britannic Majesty's Ambassador to the Emperor of Fez and Morocco, and to all the other Barbary States. I. In the first place, it is hereby agreed and concluded, that from this day and for ever, there shall be a strict and inviolable peace and friendship between His Britannic Majesty and the Kingdom of Algier : and that all the Articles and Treaties of Peace and Commerce, subsisting between the Kingdom of Great Britain, &c. and the Kingdom of Algier, be hereby renewed, rati- fied, and confirmed. That the ships and other vessels, and the subjects and people of both sides, shall not, henceforward, do to each other any harm, oflfence, or injury, either in word or deed ; but shall treat one another with all possible respect and friend- ship ; and that all demands and pretences whatsoever^ to this day, between both parties, shall cease and be void. II. It is also agreed, that if any ships or vessels of Christian nations, in enmity with the King of Great Britain, &c. shall^ at any time hereafter, be met with or found upon the coast of the Kingdom of Algier, either at anchor or otherwise, and not within the reach of cannon shot of the shore, that it shall and may be lawful for any of His Britannic Majesty's ships or vessels of war, or any English privateers, or letters of marque, to take and seize as prizes, any such ships or vessels so met with or found, as afore- said ; and shall also be sufifered to bring the said prizes into any port, road, or harbour of the Kingdom of Algier ; and to dispose ♦ Renewed by Treaty of 28th August, 181^. BARBARY STATES. 8f of the whole or any part thereof, or otherwise to depart with soch captures^ without the least hindrance or molestation. III. And lastly^ it is agreed, that if, at any time hereafter, Hia Britannic Majesty shall be at war with any Mahometan Pridce or State, and any ships or vessels belonging to subjects of sach Prince or State, shall be met with by any of His Britannic Ma- jesty's ships or vessels of war, or by any ships or vessels of His Majes^s subjects, within sight of any part of the coast of die Kingdom of Algier, that they shall be suffered to pass free and unmolested. Confirmed and sealed in the warlike City and Kingdom of AL* gier, in the presence of Almighty God, the Fourteendi day of May, in the year of our Liord Jesus Christ, 1762, and in the year of the Hegira, 1175, and the 21st day of the Moon, Cheval. Signed Arch. Clsvlamji. TREATY between Great Britain and Algiers. Signed at Jlgietff SdJugust, 1765.* Articles ot Peack and Commerce between the Most Se^ rene and Mighty Prince, George the Third, by the Grace of God, King of Great Britain, France and Ireland, Defender of the Christian Faith, Duke of Brunswick and Lunenburg, Arch Treasurer, and Prince Elector of the Holy Roman £mpire,&c.&c. and the Most Illustrious Lord Ally, BaAaw, Dey and Governor of the warlike City and Kingdom of Al- gier, in Barbary ; concluded, ratified, confirmed and renewed, by His Excellency Archibald Cievland, Esq. His Britannic Majesty's Ambassador to the Kingdom of Algier. In the first place, it was expressly agreed upon and concluded^ * Renewed by Treaty of 38lh August, 1816. VOL. I. » 8^ ALGIERS. after a mature and regular deliberation with the Divan^ that fronii henceforward^ no Englishman taken by sea or by land shall, upon atiy pretext whatsoever, be either bought, sold, or made slave of, within the Dominions of this Kingdom, but be immediately deli- vered up to His Britannic Majesty's Consul residing here ; to which purpose orders were forthwith issued out, to all the Go- vernors of the several Provinces, that all Englishmen that here- after may chance to be taken or found within the limits of their several dependencies, be immediately forwarded to this capital. To the more punctual compliance with this Treaty, and to the avoiding the difficulties that may arise from Particulars, buying English subjects, and thereby believing themselves entitled to a ransom, notice has been given by the common cryer in all the ptrblic places of this city, that from henceforward, no subject of His Britannic Majesty be either bought or sold by any body whatsoever. Secondly. It is further concluded and agreed upon, that in case any of His Britannic Majesty's subjects, should, from liquor, or from any other motive, declare an intention of embracing the Mahometan religion, they shall forthwith be secured, sent to the . Consul's house, and there three days allowed them for reflexion, after which three days they shall be at liberty to put their design in execution, and no further constraint be put upon them ; — this only case excepted : M'hen they shall take refuge in the Casherias, 0t Soldiers' barracks, which being looked upon as sacred, any one taking refuge there cannot be meddled with. < . Confirmed and sealed in the warlike City and Kingdom of Al- gier, in the presence of Almighty God, the 3d day of August, in the year of our Lord Jesus Christ, 1765, and in the year of the Hegira, 1 179, and the day of the Moon, Suiferr. Signed Arch. Clevland. BARBARY STATES. 83 TREATY between G reat Britain and Jlgiem. Signed at Algiers^ Sd September, 1800.* EXTRACT. Articles of Peace and Commerce between His Most Ex- . cellent Majesty, George the Third, by the Grace of God, King of Great Britain, France and Ireland, Defender of the Christian Faith, &c. and the Most Illustrious Lord Musta- pha, Dey, Bashaw and Governor of the most famous and warlike City and Kingdom of Algiers ; ratified, confirmed, and renewed by John Falcon, Esq. His Britannic Majesty's Agent and Consul-General to His Highness the Dey and State of Algiers, being invested with His Britannic Majesty's full povver for that purpose. I. In the first place it is agreed and concluded that there shail be a lasting peace and fi-iendship between His Britannic Majesty and His Highness the Dey of Algiers, and that all the Articles and Treaties of Peace and Commerce that have been, . and are at present subsisting between the Kingdom of Great Britain and the Kingdom of Algiers be hereby renewed, ratified and con- firmed; the same to be kept inviolable between His Britannic Majesty and His Highness the Dey of Algiers, and between all the Dominions and subjects on either side, and that the ships and other vessels, and subjects and people of either side, shall not henceforth do to each other any harm, oifence or injury, either in word or deed ; but shall treat one another with all possible respect and friendship, and that all demands and pretences whatsoever, subsisting between both parties, shall be as soon as possible fairly and amicably adjusted. Confirmed and sealed in the warlike City and Kingdom of Al- giers, in the presence of Almighty God, the 3d day of Sep- tember, 1800, and in the year of the Hegira, 1215, and the 13th day of the Moon, Rabbia-ultim'o. Signed John Falcon. ♦ Renewed bj Treaty of 28th August, 1816. G 2 84 ALGIERS. TREATY between Great Britain and Algiers, Signed at Al- giers, 19th March, 1801.* Whereas the Island of Malta, in the Mediterranean Sea, has been conquered by His Britannic Majesty's Arms; it is now hereby agreed and fully concluded, between John Falcon, Esq. His Britannic Majesty's Agent and Consul- General for the City and Kingdom of Algiers, and His Highness Mustapha, Dey, Bashaw, and Governor, &c. of Algiers : — That from the 7th day of December last, 1800, the inhabitants thereof shall be treated upon the same footing as the rest of His Britannic Majesty's subjects, and the said Island shall be considered in all respects like the other places subject to the Crown of Great Britain, and agree- able to the Convention (arrangement) made with His Britannic Majesty, by Braem Rais, Ambassador from His Highness the Dey. Confirmed and sealed in the warlike City and Kmgdom of Al- giers, in the presence of Almighty God, the 19th day of March, 1801, and in the year of the Hegira, 1216, and the 6th day of the Moon, Gilip. Signed John Falcon. TREATY between Great Britain and Algiers. Signed at Al- giers, 3d April, 18l6.t In the Name of God Almighty. The great Allied Powers of Europe having placed the United States of the Ionian Islands, viz. Corfu, Cephalonia,* Zante, Maura, Ithaca, Cerigo, and Paxo, with their dependencies, in all their various interests, under the immediate and exclusive protec- tion of His Majesty the King of the United Kingdom of Great Britain and Ireland, His heirs and successors ; the following Ar- ticles between His Royal Highness the Prince Regent, acting in the name and on the behalf of His Majesty, the King of the United Kingdom of Great Britain and Ireland, and His Most * Renewed by Treaty of 28th August, 1816. t Renewed by the Treaty of 28th August, 1816. BARBARY STATES. 85 t Serene Highness, Omar Bashaw, Dey and Governor of the war- like City and Kingdom of Algiers, are concluded by the Hight Honourable £dward Baron Exmouth, Knight Commander of the most Honourable Military Order of the Bath, Admiral of the Blue Squadron of His Britannic Majesty's fleet, and Commander in Chief of His said Majesty *s ships and vessels employed in the Mediterranean. I. The inhabitants of the Ionian Islands are hereby fully re- cognized and acknowledged by His Highness the Dey of Algiers as British subjects, and entitled as such to all the rights and se- curity which British subjects now enjoy : and it is hereby stipu- lated that their flag and commerce shall be henceforward respected as such, accordingly, in all their various interests. II. In the event of any misunderstanding between His High- ness the Dey of Algiers or his subjects, and the subjects of "the Ionian Islands, the cause of such misunderstanding shall be re^ ferred to His Pritannic Majesty, who charges Himself with pro- curing redress upon any just complaint His Highness the Dey may have to make against the said Ionian States and subjects, as if tbey were to all intents and purposes British-bom subjects. III. His Highness the Dey of Algiers in recognizing the inha- bitants of the said Ionian Islands a^ British stibjects, hereby en- gages to release immediately witiiout ransom, and delivered to persons authorized to receive them, all captives now in the City and Kingdom of Algiers, being subjects of the Ionian Islands, under whatever circumstances they may have been taken ; and any of the inhabitants of the said Islands that may hereafter be brought into the. Kingdom of Algiers, from the signing of the present treaty, shall be immediately given up, with all their goods and chattels, to the British Consul. IV. Serious complaints having been made of the Barbary cniizers entering on board ships they speak at sea (under British protection) with a greater number of men than is allowed by Treaty, and destroying the ship's papers, to the great injury of the owners: with a view of preventing the recurrence of such serious complaints. His Highness the Dey of Algiers hereby engages to give the most positive orders, and adopt measures, to prevent such practices in future, under the severest punbhmeut of the G 3 86 ALGIERS. offender. The oath of the master and one other person of the crew shall be sufficient proof of the fact ; and for the punctual performance of this Article, the Reis or captain of any cruizer so offending, shall be answerable for the conduct of his officers and crew. Done in triplicate in the warlike City of Algiers, in the pre- sence of Almighty God, the 3d day of April, in the year of Jesus Christ, 1616, and in the year of the Hegira, 123 1 , and the 4th day of the Moon, Ouell. Signed ExMOUTH. ADDITIONAL ARTICLE between Great Britain and AU giers. Signed at Algiers, May 20thf 1816.'''' Additional Article, concluded between His Most Serene Highness Omar Bashaw, Dey and Governor of the warlike City and Kingdom of Algiers, and the Right Honourable Edward Baron Exmouth, Knight Grand Cross of the Most Honourable Military Order of the Bath, Admiral of the Blue, and Commander in Chief of His Britannic Majesty's fleet in the Mediterranean. His Highness the Dey of Algiers hereby engages to recognize the flag and subjects of the Kingdom of Hanover, on the same footing as those of other countries belonging to the Sovereignty of His Britannic Majesty, and as such, entitled to the rights and securities enjoyed by the flag and subjects of Great Britain, in all their various interests. Done at Algiers in the presence of Almighty God, the 20th day of May, 1816, and in the year of the Hegira, 1^31, and the '22d day of the Moon, Gemas Lehar. Signed Exmouth. TREATY between Great Britain and Algiers. Signed at Al- gierSf ^Qth August, 18 16. In the Name of God Almighty. Treaty of Peace between His Majesty the King of the United Kingdom of Great Britain and Ireland, and His Most Se- • Renewed by the Treaty of 28th August, I8t6. BAR0ABY STATES. 87 rene Highness Omar Bashaw, J9ey and Governor of the .warlike City and Kingdom of Algiers^ made and concluded by the Right Honourable Edward Baron E&mouthy Knight Grand Cross of the Most Honourable Military Order of the Bath^ Admiral of the Blue Squadron of His Britamiic Majesty's fleets and Conmaander in Chief of a Squadron of ^ His said Majesty's ahips and vessels employed on a parti- cular service^ being duly authorized by His Royal Highnesy the Prince Regent, acting in the name and on the behalf of His Britannic Majesty. I. It is hereby agreed axid concluded, that from this day aofl 4oT ever there shall be a strict and inviolable peace and friend- .ship, betweea His Britsinnic Majesty and the Kingdom of Algier^^ ^nd that all the Articles and Treaties of Peace and Commerce subsisting between the Kingdom of Great Britain and its de- f>epdencies, and the Kingdom of Algiers, previous to the 27th of August, 1816, are hereby renewed, ratified, and confirmed. That the ships and other vessels, and the subjects and people of both sides, shall not from henceforward do to each other any harm, of- fence, or injury, either in word or deed, but yhall treat each other with all possible respect and friendship, and that all the transac- tions which took place on the 27th, shall from henceforward be buried in oblivion, and the ancient friendship between the two Kingdoms restored. Done in duplicate, in the warlike City of Algiers, in the pre- sence of Almighty God, the 28th day of August, in tlie year of Jesus Christ, 1816, and in the year of the Hegira, 1231, and the 6th day of the Moon, Shawal. Signed Exmouth. Signed H. McDonell, Consul General. DECLARATION of the Dey of Jlgiers, 28M Jugust, 1816. Declauation of His Most Serene Highness Omar Bashaw, Dey and Governor of the warlike City and Kingdom of Al- giers, made and concluded with the Right Honourable Ed- ward Baron Exmouth, Knight Grand Cross of the Most S8 ALGIERS. Honourable Military Order of the Bath^ Admiral of the Blue Squadron of His Britannic Majesty's fleet, and Commander in Chief of His said Majesty's ships and vessels in the Medi* terranean. In consideration x>f the deep interest manifested by His Royal Highness the Prince Regent of England for the termination of Christian Slavery, His Highness the Dey of Algiers, in token of bis sincere desire to maintain inviolable his friendly relations with Great Britain, and to manifest his amicable disposition and high respect towards the Powers of Europe, declares, that in the event of future wars with any European Power not any of the prisoners shall be consigned to slavery, but treated with all hu<- manity as prisoners of war, until regularly exchanged according to European practice in like cases, and that at the termination of hostilities, they shall be restored to their respective countries without ransom ; and the practice of condemning Christian pri- soners of war to slavery is hereby formally and for ever renounced. Pone in duplicate in the warlike City of Algiers, in the pre- sence of Almighty God, the 28th day of August, in the year of Jesus Christ, 1816, and in the year of the Hegira, 1231, and the 6th day of the Moon, Shawal. Signed Exmouth, Signed H. McDonell, Agent and Consul General. By Command of the Admiral. Signed Jos. Grimes, Sec, ( 89 ) MOROCCO. TREATY between Great Britain and Morocco. Signed at Fez, 23d January, 1721.* Treaty of Peace concluded between His Majesty George the Firsts King of Great Britain, France and Ireland, and Muli Ismael, son of Muli Alii Sherife, King of Fez, Me- quinez, Morocco^ and all the West of Africa, God bless him. Tlie following Articles were agreed on^ in the presence of Bashaw Ahamad, son of Abdula^ and the then Kiglish Am- bassador, interpreted by Moses, sou of Attor, servant and interpreter at the Emperor's Court. I. In order to establish Peace between the Powers, both by land and sea^ and all their respective Dominions, it is agreed on, that the English may now, and always hereafter, be well used and respected by our Subjects, agreeable to the orders and com- mands of the Emperor. II. That all English men of war and merchant ships, that shall come to any part of the Emperor's Dominions, to trade or otherwise, and shall have on board, a cargo, not proper for vend- ing in the place where they shall come, may depart with the same to any other part of the Emperor's Dominions, and shall pay duty but once for the i^ame; and that no duty at all shall be paid for any war implements, such as fire-arms, swords, and any thing belonging to the Army, as also for materials of all kinds for ship- building ; and if any English ship shall arrive at any of the Em- • Renewed by AxUcle XL. of the Treaty of 1791. 90 MOROCCO. peror's Ports, with any merchandize destined for any other part of the world, that no duty shall be paid for such merchandize, but shall depart with the same witho\it any manner of molestation. If any English ship shall be thrown upon the Emperor's coasts, by stress of weather, or otherwise, the same shall be protected, and may safely depart without any ill usage or interruption : in like manner shall be treated the Emperor's ships, happening to be thus thrown on the coast of Great Britain, or the Dominions thereto belonging. III. That all the English ships and Emperor's ships may pass and repass the seas without hindrance, interruption, or molesta- tion from each other ; nor shall any money, merchandize, or any 4emand be made or taken by the ships of eitiher power from eadi other; and if my subjects of any other Nation shall be on board either the English or the Emperor's ships, they shall be safely iprotected by both sides. IV. If the Emperor's men of war meet with any English ^bips, and shall want to see their passports, they are to send a boat •with two men of fidelity, to peruse the said passports who are to return without any further trouble, and then both sides to proceed quietly on their respective voyages ; the same usage to be received by the Emperor's merchant ships from the English men of War, who shall allow the passport made out by the Englbh Consul ; aad if the Consul shall not be present to make them, then the jMsaports made out by the English merchants to be good and valid. y. If the English men of war, privateer3, or letter-of-marque «hip, shall take prizes from any Nation with whom they shall be at war, they shall have liberty to bring and dispose of the s^me in any of the Emperor's Doniinions, without any duty or charge whatsoever. yi. If any English ship shftll, by storm, or in flying irom her wemy, come upon the Emperor's coasts, the san^e sh^U be .safely protected, and. nothing touched or tak^n away, but phsdl lie under the direction of the English Consul, who sh^U send the goods and people where he shall think fit. VII. It is the mutual agreement of the King of Great Britain BARBARY STATES. 91 and (be Emperor, :tbat the Emperor do issue out orders to «U parts of his Domiaions, for the well^using of all -the English sub- jects ; and that particular places be appointed for the burial of their dead ; that the Consul's brokers shall freely go on board any ship vithout interruption.; that the English Consuls, merchants^ and other subjects of Great Britain, may safely travel by land with effects, without any hindrance whatever; and if any En^sb, settled in the Emperor's Dominions, shall be desirous to return home, that they may so do with their families, goods, and effects, without interruption : if any English die, the effects of such to be taken under the care of the Consul, to be disposed of as directed by the will of such person, and if no will, for the benefit of such person's next heir ; and if any debts shall be owing to such de- ceased person, the same to be paid by order of the Governor or other person in power, where such person shall die ; and that m subject of the Emperor's be appointed to demand and receive the same; and deposit the same in the hands of the English Con- sul for the aforesaid uses. If any English shall contract debts in the Emperor's Country, and remove from thence without satia- fying ihe same, no other person shall be liable to pay such debts. The Hke usage and treatment the subjects of the Emperor are to receive in the King of Great Britain's Dominions ; and that the King may send as many Consuls to the Emperor's Dominions as He shall think necessary. VIII. That no English merchant, Captains of ships, or other person or persons whatsoever, that are English subjects, shall be forced to sell any of their goods for less than the real value ; and that no Captain, Master, or Commander of any Englidi ship ahall be compelled, without their own will and consent, to carvy any goods or merchandizes for any person or persons whatsoever; nor shall any sailor be forced away from any English ship. IX. If any quarrel or dispute shall Jiappen between ai^ Englishman and a Musselman, by which hurt to either may en- sue, the same to be heard before and determined by the Empe- iror only ; and if an Englishman, who may be .the aggressor, shall make his escape, no other Englishman shall suffer upon his ac- count; and if two Englishmen shall quarrel, to be deteiinined by 9^ MOROCCO. the English Consul^ v ho shall do with them as he pleases ; and if any quarrel or dispute shall happen between Musselmen in England, or in any of the English Dominions, by which hurt may ensue, the same to be heard before one Christian and one Mus- selman, and to be determined according to the laws of Great Britain. X. If it shall happen that this Peace by any means shall be broke, the Consul, and all other English, shall have six months' time to remove themselves with their families and effects to any place they please without interruption ; and that all debts owing to them shall be justly paid to them. XI. If any English in the Emperor's Dominions, or the Em- peror's subjects in the English Dominions, shall maliciously en- deavour to break the peace, such of them who shall be proved so to intend, shall by each Power be punished for auch offence ; each Power to take cognizance of their own subjects. XII. If any of the Emperor's subjects shall purchase any commodity in the English Dominions, they shall not be imposed upon in price, but pay the same as is sold to the English. XIII* That not any of the Spanish, whether Captains, Sailors, or other persons under the English Government in Gibraltar, or Port Mdion, shall be taken or molested, sailing under English colours with passports. XIV. That no excuse be made, or ignorance pretended, of this peace, the same shall be published and declared to all the subjects of each Power, which declaration shall be signed by each Power, and kept by them to prevent disputes. XV. If any men of war shall be on the Emperor's coasts, that are enemies to the English, and any English men of war, or other English ships, shall happen to be or arrive there also, that they shall not in any manner be hurt or engaged by their enemy ; and when such English ships shall sail, their enemies' ships shall not set sail under forty hours afterwards. And if af- ter the eonclusiou of this Peace, any ships shall happen to be taken by either Power within six months after the proclamation of the Peace, that the same, with the people and effects, shall b^ restored. BARBARY STATES. 93 Made and declared in the presence of the Emperor's servant Ahammed Basha, son of Alli^ son of Abdula, by the au- thority given to him by the Emperor. Dated this 23d of January, in the year, 1721y English stile. Wrote and given to Charles Stewart, Esq. the English Ambassador^ in the 7th year of the reign of King George the First. Signed Charles Stewart. ADDITIONAL ARTICLES betwten Great Britain and Mo- rocco. Signed at Fez, lOth July, 1729.* Additional Articles of Peace and Commerce between the Most High and Most Renowned Prince George the Second; by the Grace of God^ King of Great Britain^ France and Ireland; Defender of the Faith, Duke of Brunswick and Lunenburg; Arch Treasurer, and Elector of the Holy Ro- man Empire ; and the High and Glorious Mighty and Right Noble, Prince Mulley Abdalla, Ben MuUey Ismael, Ben Mulley Xeriph, Ben Mulley Aly, King and Emperor of the Kingdoms of Fez, Taffalet, Suz, and all the Algarbe and its Territories in Africa, Sic. Concluded, agreed, and ad- justed by John Russell, Esq. in the behalf of His Britannic Majesty, and by His Excellency Bashaw Hamet Ben Ab- dallah, on behalf of the said King and Emperor of Morocco. I. That all Moors or Jews, subject to the Emperor of Mo- rocco, shall be allowed a free traffic, to buy or sell for thirty days in the City of Gibraltar, or Island of Minorca, but not to reside in either place, but to depart with their effects, without let or mo- lestation, to lany part of the said Emperor of Morocco's Do- minions. • Renewed by Article XL. of the Treaty of 1791. 94 MOROCCO. II. That the King of Great Britain's subjects be not obliged td apfi^ar, before the Cady or Justices of the Country, in any ^use^ but only the Governor of the place, and His Brifonnic Majesty's Consul, to take cognizance of, and adjust the difference tlbey may have with the natives of the country. III. That all of His Britannic Majesty^s subjects, as well those of Hanover as others, that may happen to be passengers or be- long to any Foreign ship or vessel, and taken by any of the Em- peror of Morocco's cruizers shall immediately be set at liberty and sent to the City of Gibraltar. IV. That there be permission for buying provisions, and all other necessaries, for His Britannic Majesty's fleet or City of Gibraltar, at any of the King of Fez and Morocco's sea-ports, at the market prices, and the same to be shipped, off, without paying custom, as has been lately practised, contrary to the Treaty of Peace subsisting. All the other Articles, being fifteen in number, concluded, agreed, and adjusted, by the Honourable Charles Stewart, Esq. on the behalf of His Britannic Majesty^ and by His Excellency Bashaw Hamet Ben Aly, Ben Abdallah, and His Imperial Ma- jesty's Treasurer, Mr. Moses Ben Hattar, a Jew, on the behalf of the said King of Fez and Morocco, shall stand good and be of the same force, as in the reigns of the Most High and Most renowned Prince George the First, King of Great Britain, France, and Ireland, 8cc. 8cc. (of Glorious Memory) and the High and Glo- rious^ Mighty and Right Noble Prince Albumazer Muley Ismael, kite Emperor of Morocco. And it is further agreed, that all the Articles aforementioned, as well as the fifteen, as the additional oned, shall in twenty days after the date hereof, be published in the Arabic language and affixt on the gates of all sea-ports in His Imperial Majesty's Do- minions. Signed and dated at the Court of Fez, the 10th day of July; 1729. O. S. Signed John Russei.l. BARBARY STATES. 95 TREATY between Great Britain and Morocco. Signed at , 1 5th December, 1734^.* Treaty of Peace betweeen His Majesty George the Second^ King of Ghreat Britain^ France and Ireland, and Mulay Abedela Ben Ismael, King and Emperor of Fez, Mequinez, Morocco, and all the West of Africa, God bless him. I. That if any English shall happen to be on board any ship or ships, enemies to the Emperor, that may be taken by the Em* peror's ships, such English shall be well treated, delivered into the bands of the English Consul, and have their liberty to go where they please : This Article to continue in force for six months from the conclusion of this Peace ; in which time it is required, that notice shall be given by the King of Great Britain to all the English subjects, not to embark on board any of the Emperor's enemies' ships ; for after that time, if the English shall so embark, the blame must be their own, as no regard will be had to them more than the Emperor's enemies. II. If any of the Emperor's subjects shall be made slaves, and escape to an English man of war, or to Gibraltar, Port-Mahon> or any of the English Dominions, that they shall be protected^ and with all convenient speed, sent to their respective homes. The like treatment to be given to the English who shall be shnres, and escape to any part of the Emperor's Dominions. III. If any English shall contract any thing to be paid to the Emperor's subjects, that notes shall be given for the same ; and in like manner the same to be observed by the Emperor's sub* jects in the English Dominions ; and if it shall happen, that such subjects of either power cannot write, to get some person to write such notes for them. That no excuse be made, or ignorance of this peace pre«- ♦ Renewed by Article XL. of the Treaty of 1791. 96 MOROCCO. tended, the same shall be published and declared to all the sub- jects of both Powers, both what is now agreed on, and the Ar- ticles concluded with King George the First ; which declaration shall be signed by each Power, and by them kept to prevent dis- putes. This Treaty was concluded the 15th of December, 17S4. Signed John Leonabd Sollicoffre. TREATY between Great Britain and Morocco. Signed at Fez, i5th January, 1750.* Treaty of Peace between His Majesty George the Second, King of Great Britain, France and Ireland, and Mulay Abe- dela Ben Ismael, King and Emperor of Fez, Mequinez, Morocco, and all the West of Africa, God bless him ; and the following Articles were concluded by Alcaide Habeb Lohab, first Minister, and William Petticrew, Esq. His Britannic Majesty's Consul General. I. For establishing peace and friendship, it is agreed and con- cluded for firm and valid, both by land and sea, in all the Domi- nions of both Powers, that the English in general shall and may now, and at all times hereafter, enjoy and continue in Peace and friendship with the Emperor and his subjects, and be well used and respected by the Emperor's subjects, agreeable to the order and commands of the Emperor. II. That such number or quantity of passports, as may be ne- cessary, be transmitted to the Emperor, indented in such manner as shall tally with the passports that shall be received by the English merchants in England ; and if an English man of war meets with any merchant ships belonging to the Emperor, such merchant ships shall be obliged to produce and shew their pass-f ports given to them by the English Consul. III. If any dispute shall happen between the English and the ♦ Renewed by Article XL, of the Treatj of 1791. BARBARY STATES. 97 Emperor's subjects^ the same not to be determined by a Judge, but ended and adjusted by the English Consul and the Coyed, (that is) the mayor of the town, where such dispute shall hap- pen. IV. That none of the Emperor's subjects shall, at any time, forcibly enter the hou^s of the English, or any place belonging to them, or take and carry away any of their goods and effects, unless they have leave and authority from the Emperor so to do. That if auy of the Emperor's subjects shall hire any English ship to cany and convey goods from one part of the Emperor's Dop minions to another, and shall happen by stress of weather, or any other occasion, to touch at any place or places in the voyage, such ship or ships shall not be obliged to pay any thing for the shelter or as^stance they may receive, and that no English what- ever, or any of their servants (though not English) shall be liable to pay the tax, imposed upon the Emperor's subjects, called the poll-tax. V. That the fifteen Articles of Peace, made and concluded be- tween King George the First, and Muli Ismael, are hereby agreed to and confirmed with His Majesty King George the Second, as good and valid, and shall be faithfully kept and observed, together with the aforesaid four Articles. Concluded the ]5th of Rabbei the first, in the year 1164, which is in English stile, the 15th of Januaiy, 1750. Signed William Petticbew. ADDITIONAL ARTICLES between Great Britain and Mo- rocco. Signed at FeZy 1st February, J 751.* Additional Articles OF Peace and Commerce between the Most High, Illustrious, and Most Renowned Prince George the Second, by the Grace of God, Kmg of Great Britain, France and Ireland, Defender of the Christian Faith, &c. and the High, Glorious, Mighty and Most Noble Prince Mulay Abedela, Ben Mulay Ismael, Ben Mulay Seriph, Ben Mulay Aly, King and Emperor of the Kingdoms of ♦ Renewed by Article XL. of the Treaty of 1791. VOL. I. H 98 MOROCCO. FeE^ Morocco, Taffilete, Sua, aAd all the Algarbe and its Territories^ agreed on and concluded by William Petticrew, Esq. on the behalf of His Britannic Majesty, and by the Alcaide Habeb Lohab Ben Hamed Limury, First Minister on the behalf and by order of the King of Fez and Morocco. I. It is agreed on and concluded, that from henceforward there shall be between His Majesty of Great Britain, Prince and Elec- tor of Hanover, and the King of Fez and Morocco, their heirs and successors, a general, true, and perfect Peace for ever, as well by land as by sea and fresh waters ; and also between the Lands, Kingdoms, Dominions, and Territories belonging to or under the jurisdiction of His Britannic Majesty in Germany, and those appertaining to the King of Fez and Morocco, and their subjects, people, or inhabitants respectively, of what condition, degree, or quality soever, from henceforth reciprocally shall owe the other all friendship ; and that all ships, vessels, passengers with their effects trafficking voluntary, or compelled by enemies, disasters of the seas, or any accident whatsoever, to the Coast of the Emperor of Fez and Morocco's Dominions, being His Bri- tannic Majesty's subjects in Germany, shall, from henceforth, be treated with the said regulations as specified by the Treaties of Peace now subsisting between His Britannic Majesty and the King of Fez and Morocco. II. It is agreed, that all ships and vessels belonging to His BritMinic Majesty in Gennany, shall carry a proper Pass, and that a copy of such Pass, with the heads of the said Passes, shall be sent to His Britannic Majesty's Consul, residing in Barbary, to the end that he may deliver the same to the Commanders or Captains of the King of Fez and Morocco's ships of war or crui- zers^ to the end that due regard may be had to this Peace, and that no Commander or Captain may offend through ignorance ; and all Commanders or Captains of ships or vessels belonging to His Britannic Majesty's subjects in Germany, meeting with any ship or vessel belonging to the King of Fez and Morocco, or his subjects, if the Commander of such ship or vessel produce a Pass signed by the Governor of the City they belong to, with a certificate from the English Consul, and in case of his death or absence, from the major part of the English Merchants residing BARBARY STATES. 99 in the said place, in such cases the said ship or vessel shall pur* sue freely her voyage without hindrance or molestation. III. It is agreed, that the King of 4jfreat Britain's subjects shall not be obliged to appear before Justices of the Country on any cause, but that only the Governor of the City of His Bri- tannic Majesty's Consul shall take cognizance of, and adjust the difference or suits they may have with the Moors, or other inha- bitants in the Dominions of the King of Fez and Morocco. IV. It is agreed, that no Governor or Officer under the King of Fez and Morocco, shall, without the King's Special Order, visit or register the Dwelling-houses or Magazines of any of His Britannic Majesty's subjects residing in Barbary; and that all British ships, taking freight in any Port of the King of Fez and Morocco to carry to other ports of the saud Kingdom, shall be exempted from all port charges, as usual, in whatever port they may put in ; and that the Consul and the other British merchants shall be freely allowed to have Moors or Jews as their interpreters and brokers, who shall be exempted from all taxes, as likewise all their domestic servants. All the other Articles, being fifteen in number, concluded, agreed, and adjusted by the Admiral Charles Stewart, on the be- half of His Britannic Majesty ; and by His Excellency Bashaw Hemet Ben Ally, Ben Abdalla, and His Imperial Majesty's Trea- surer, Mr. Moses Benatar, on behalf of the said King of Fez and Morocco, shall stand good, and be of the same force, as in the Reign of the Most High, Illustrious, and Renowned Prince George the First, King of Great Britain, France and Ireland, of glorious memory ; and the High, Mighty, and Most Noble Prince Mulay Ismael, late Emperor of Morocco; as likewise the other Articles, being three in number, agreed and concluded by John Leonard SoUicoffre, Esq. on behalf of His Britannic Ma- jesty, and His Excellency Bashaw Hamet Ben Aly Ben Abdalla, on behalf of the King of Fez and Morocco. It is agreed on -and concluded, that all the Articles aforemen- tioned, being eighteen in number, with these additional Articles that are translated into the Arabic language, copies thereof be sent to all His Imperial Majesty's Alcaides and Officers of all the ports in his Dominions, there to be read by the Cady or Chief h2 100 MOROCCO. Justice in public assembly ; and afterwards to remain deponted either in the hands of the Judge or the Alcaide of the port, that recourse may be had thereto on all occasions which may occur ; and that the ratification of the said Articles shall be made within the term of six months, or sooner, if possible, in Spanish, which shall be received and be of equal force. Dated and signed at the Court of Fez, on the 1st of February, 1751, N. S. Signed William Pettichew. TREATY between Great Britain and Morocco, signed at Fez, 28th July, 1760 * Articles of Peace and Commerce, made between the High and Glorious, Powerful and Most Noble Monarch, Sidi Mahomet Ben Abdalla, Emperor and King of the King- doms of Fez and Morocco, Trafilet, Sus, and all the Algarbe, and its Territories in Africa, &c. and the Most High and Famous Monarch, George the Second, by the Grace of God, King of Great Britain, France and Ireland, Defender of the Christian Faith, Duke of Brunswick and Lunenburg, Arch*Treasurer, and Prince Elector of the Holy Roman Empire, Sec. concluded, agreed, and adjusted by the said Emperor of Fez and Morocco, and by the NoWe Mark Milbanke, Esq. on the part of His Britannic Majesty. I. It is agreed and concluded, that, from this time forward, there shall be, between His Majesty of Great Britain, and the Emperor of Fez and Morocco, their heirs and successors, a ge- neral, true, and perfect peace for ever, as well by land as by sea and fresh waters ; and also between their lands, kingdoms, do- minions, and territories, belonging to, or under the jurisdiction of either of them ; and that their respective subjects, people, or m- habitants, of whatever condition, degree, or quality they be, shaH reciprocally shew to each other all friendship ; and that, on the demise of either of their Majesties, the Successor shall send an ambassador to the other, to notify His accession to the Throne. II. It is also agreed, that all English ships of war, and mer- • Renewed by Article XL. of the Treaty of 1791. BARBARY STATES. 101 chant ships; that shall come to any part of the Emperor's Domi- nions to trade^ or for any other purpose, and shall have on board a cargo, which shall not be saleable in the said place where they come, may depart with the same to any other part whatsoever of the Emperor's Dominions, and shall not pay the duties for it more than once ; and that no duty shall be paid for implements of war, such as fire-arms, swords, or any other thing whatsoever which may belong to the military ; neither for all sorts of materials used for building ships ; and that, if any English ship shall come to any of the Emperor's ports with merchandize destined for another part of the world, they are not to pay any duty for such merchan- dize, so that they may depart with the same without any molesta- tion. If any English ship shall be thrown upon the Emperor's coast, by bad weather or otherwise, the same shall be protected, and depart again in safety, without any ill-treatment or inter- ruption. And the Emperor's ships, which shall be thrown on the coast of Great Britain, or Dominions thereunto belonging, shall be treated in the same mamier. III. It is also agreed, that all ships belonging to the subjects of the said King of Great Britain, and of the Emperor of Fez and Morocco, and his subjects, may securely navigate and pass the seas, without being searched, or receiving hindrance or trouble, .the one from the other ; and that all persons and passen- gers, of whatever nation they may be, belonging to either of the parties, shall be entirely free, without being detained, molested, robbed, or receiving any damage from the others. And more- over, it is agreed, tliat the English ships, which shall be freighted in any port of the Emperor of Fez and Morocco, for other ports of the same kingdom, shall not be obliged to pay the usual port charges ; and that no captain or other person, belonging to any ship or vessel of the Emperor of Fez and Morocco, or his subjects, shall take any person or persons whatsoever, out of any ship or vessel of the King of Great Britain, or His subjects, in order to be examined, or under any other pretence whatsoever ; neither shall they offer violence to any person or persons, of what- ever nation or quality they be, on board a ship belonging to His Majesty's subjects. IV. It is besides agreed, for the better observance of the pre- H 3 10« MOROCCO. -ceding Articles, according to their true intent, that the. ships qf war or cruizers, belonging to the Emperor of Fez and Morocco, or to his subjects, meeting with any ships, or other vessels, of the King of Great Britain, or His subjects, (not being in the seas belonging to His Majesty's Dominions) may send a single boat on board, with two trusty rowers, and no more, who may enter such ships or vessels ; that on shewing them a passport, signed by the King of Great Britain, or by the High Admiral of England, Scotland, and Ireland, in the form hereafter mentioned, the said boat shall depart immediately, leaving such ships to pursue their voyage freely : and when it may happen, that any ship of war, or privateer, of the King of Great Britain, shall meet any ship or vessel of the Emperor of Fez and Morocco, or of his subjects, on the Captain of such ship shewing a passport from the governor of the city to which he belongs, with a certificate from the English Consul, or, in case of his death, or absence, from the major part of the English merchants residing there ; in such case, he shall be permitted to pursue his voyage without impediment or injury. V. It is also agreed, that, in case any ships of war of the King of Great Britain, or of His subjects, shall come to any port under the dominion of the Emperor of Fez and Morocco, with prize goods, they shall be permitted to sell them without hindrance or imposition ; and, in case any squadron, or single ship of war, or merchant ship of His Majesty, shall want provisions, victuals, or refreshments, it is hereby agreed, that they may buy them, in the quantity and quality they shall have occasion for, at the current market-price, free of duties, or of any other gratuity. VI. It is moreover agreed, that if any ship, or other vessel, be- longing to His Britannic Majesty, or to His subjects, shall, by misfortune, storm, or any other disaster whatsoever, be forced ashore, or wrecked, on any part of the Dominions of the Emperor of Fez and Morocco, such ship or ships, persons and goods, shall be faithfully, and without the least damage or diminution, restored and delivered to the Consul, or any other person whom their owner shall appoint to receive the same ; the people shall be set at liberty, and permitted to depart whensoever they please, without the least detention. VII. It is moreover agreed, that His Majesty of Great Britain BARBARY STATES. 103 shall have liberty to establish a Consul, or as many Consuls as he pleaseSy in the Dominions of the Emperor of Fez and Morocco, and that the said Consul or Consuls may reside in any port, or ports, or places they please, as well maritime as others, belonging to, or under the jurisdiction of the Emperor of Fez and Morocco ; and that the said Consul or Consuls shall be treated with the respect due to their titles or characters ; and they, as well as the other subjects of His Majesty residing there, shall be permitted to enjoy the entire freedom and exercise of their religion, without the least impediment, reproach, or affront, either in word or acr tion ; and that they shall have a decent place for their burying ground, against which no violence shall be committed ; and that the aforesaid Consuls, and factors, may dispatch, at their plea- sure, their brokers and servants, with liberty to go from place to place, by sea and land ; it is likewise granted to them to embark and go on board any ship or ships whatsoever, to treat and con- tract, as well in the port as in the road, without impediment, con- straint or limitation, concerning their effects, secure from any risk of confiscation or embargo, under any pretence ; and the said Consul or Consuls, with the other subjects of His Britannic Ma- jesty trading there, shall have full liberty to leave the country whensoever they please, without impediment or molestation being offered to them or their effects. And it is moreover agreed, that, if any subject of His Britannic Majesty, residing or traffick- ing in the dominions of the Emperor of Fez and Morocco, shall happen to die, the governor of the place, where it happens, shall be obliged to see all his goods and effects delivered into the hands of His Majesty's Consul, and, in default of such Consul, to some English merchant, who is to secure and keep them for the disposition of his heirs ; but this is to be understood, in case the deceased shall not have left a partner, or friend, or, before his decease, shall not have recommended his said effects, and debts, to some other Christian merchant (of any nation whatsoever) in which case, the Governor shall not intermeddle further than to use his authority, to see thiit the will and testament of the de- ceased be carried into execution, as in recovery of his debts, &c. and further declares, that no subject of His Britannic Majesty shall be obliged to give satisfaction for any other debt, but what H 4 104 MOROCCX>. shall be contracted by himself^ or shall appear by his accounts; and that the subjects of the Emperor of Fez and Morocco, as well Moors as Jews, residuig in the Dominions of the King of Great Britain, shall enjoy the same privileges, that are granted to the English residing in Barbary ; and that the domestic servants of the Consuls, and other subjects of His Britannic Majesty, of whatever nation they may be, either Moors or others, shall not pay the tax called the poll-tax, or any other tax. VIII. If is agreed, that no Alcaide, Governor, Soldier, or Sub- ject of the Emperor of Fez and Morocco, shall lay violent hands on the effects or merchandizes, belonging to the subjects of His Britannic Majesty, within the jurisdiction of the Emperor of Fez and Morocco, without first treating, agreeing, and paying the value thereo'f, or according to an agreement made, and without having permission and authority from the Emperor for that pur- pose ; neither shall the subjects of His Britannic Majesty be forced to buy goods contrary to their inclination : and it is more- over agreed, that no Commander, or Captain of an English ship, shall be obliged, or constrained to negotiate, or receive on board, merchandizes belonging to any person whatsoever, he or they de- claring to the Consul residing there, the reason for it, neither shall the said ship be detained, or embargoed, under any pretence; and that, if any of the Emperor's subjects shall freight an English ship to carry and convey any commodities from one place to others of the Emperor's Dominions, and it shall happen, either from bad weather, or any other accident whatever, to touch at any place or places, in the voyage, such ship, or ships, shall not be obliged to pay any thing for the shelter or assistance they may receive ; nor shall a pilot or mariner be taken out of any English ship. IX. If there shall happen any quarrel or dispute, between any Englishman and any Mussulman, by which any of them may re- ceive detriment, the same shall be heard and determined by the Emperor alone; and if any Englishman, who shall be the aggressor, shall make his escape, in such case, no other Englishman shall suffer on his account, or in his place : it is also agreed, that, if any law-suit, dispute, or difference, arises between the subjects of His Britannic Majesty, they shall be accommodated by the BARBARY STATES. \05 Consul of the nation : and if any qiiarrels shall happen among the Mussulmen in England, or in any of the English Dominions, by which one of them may receive detriment, the same shall be heard before a Christian and a Mussulman^ and shall be decided according to the Laws of Great Britain. X. It is agreed, that not only during the present peace and amity, but also in case of a rupture or war breaking out between their said Majesties, in any time hereafter, the Consul, and other subjects of the King of Great Britain, who reside of traffic in the Dominions of the said Emperor of Fez and Morocco, shall be permitted to quit the country whenever they think proper, as well in peace as in war, in any vessels of whatever nation ; and also, in case of a rupture, the space of six months shall be granted to them to remove ; and all their debts shall be justly paid to them; and they shall take away their effects, families, children, though bom in the country, and servants, without the least detention, impediment or embargo. XI. It is moreover agreed, that if any Englishman, in the Do- minions of the Emperor, or any subjects of the Emperor, in the English Dominions, shall maliciously endeavour to break the peace, they, who are guilty of such crime, shall be punished by each Sovereign for that offence : but each Sovereign shall take cognizance of His own subjects. XII. It is also agreed, that if any subject of the Emperor of Fez and Morocco, desires to transport commodities from the Dominions of the King of Great Britain, he shall be permitted to do it, without paying greater duties, or impositions, than other nations pay, according to the custom of the country ; and when the English convoy shall be ready, it shall be ordered, after its arrival at Gibraltar, to convoy the vessel, on which the said coiii<- modities are embarked, to the port His Imperial Majesty shaU ap]M)int. XIII. It is also agreed, that no Spaniard, or native of any other country, whether Captains, mariners, fishermen, or other persons, under the English Government in the City of Gibraltar, (or in the Island of Minorca, when it shall again be in possession of the English) shall be seized, or molested, navigating under the Xi^lish flag, with passports from the Governor, or Commander 106 MOROCCO. in Chief of those places, and that they shall be considered and esteemed as English natural subjects. XIV. It is also agreed, that all the subjects of the Emperor of Fez and Morocco, Moors, or Jews, shall be permitted to traffic, buy, or sell, in the City of Gibraltar, (or in the Island of Minorca, when it shall again be in possession of the English) for the space of thirty days only, and, at the end of that time, to take and carry away, without molestation, all their effects to any part of the Dominions of the Emperor of Fez and Morocco. XV. It is further concluded, that all the subjects of His Bri- tannic Majesty, and likewise of Hanover, and of His other Domi- nions, who, being passengers on board any ship or vessel of any nation not in friendship with the Emperor of Fez and Morocco, ' shall be taken and made prisoners by any of his cruizers, shall be immediately set at liberty, and delivered to His Britannic Ma- jesty's Consul residing at the place where they shall be taken to ; and if there be no Consul residing in such place, to the principal merchant there, with directions to send them, by the first and most convenient opportunity, to the fortress of Gibraltar, or to any other place ; and in case any of the Emperor's subjects being passengers on board any ship or vessel of any nation at war with His Britannic Majesty, shall be taken by His Britannic Majesty's ships, they shall, in like manner, be set at liberty ; and all His Britannic Majesty's subjects, belonging to Hanover, or His other Dominions in Germany, shall enjoy the same privileges, and shall receive the same respect, and shall be considered by the Emperor of Fez and Morocco, and by his subjects, in the same manner as the English. XVI. It is moreover agreed, that such of the English subjects of His Britannic Majesty, or others, who shall be ordered by the Governor of the City of Gibraltar, (or of the Island of Minorca, when it shall be again in the possession of the English,) shall be permitted, and shall have liberty to buy cattle, provisions, refresh- ments, and all necessaries they please, for the said places, in the public markets, or in any other manner, as shall be most conve- nient to them, in any port, or place, in the Dominions of the Em- peror of Fez and Morocco, and shall take them away, without BARBARY STATES. 107 hindrance or molestation^ paying a stipulated duty for the said cattle^ provisions, refreshments, 8cc. XVII. It is moreover agreed, that such a number and quantity of passports shall be transmitted to the Emperor of Fez and Mo- roi;co, as shall be judged necessary for him, and which shall be indented in such manner as shall tally with those which the English merchants shall receive in England ; and if a ship of war shall meet with any of the merchant ships belonging to the Em- peror, such merchant ships shall be obliged to produce and shew their passports, which the English Consul has given them. XVIII. It is also agreed, that if any of the subjects o( the Emperor of Fez and Morocco shall have been made slaves, and shall escape on board any English ship of war, or to Gibraltar, (or to Port-Mahon, when it shall be again in possession of the English,) or in any other part of the English Dominions, the same are to be protected, and sent, with all convenient speed, to their respective homes ; and His Majesty of Fez and Morocco assures and promises, that the subjects of His Britannic Majesty who may escape from Ceuta, or any other garrison on the coast of Africa, being prisoners in such garrisons on the coast of Africa (not having taken arms against the Emperor) shall be free, and sent to Gibraltar. XIX. It is moreover agreed, that no obligation, or contract, shall have force, or be valid, against any merchant whatsoever, subject of His Britannic Majesty, unless the said merchant shall have signed it with his hand, and in case that any one cannot write, it shall suffice that a person, to his satisfaction, has wrote such obligations or contracts, and signed them for him; the same privilege shall be granted to the subjects of the Emperor of Fez and Morocco, residing in the Dominions of His Britannic Ma- jesty. XX. It is moreover agreed, that all ships and vessels belong- ing to His Britannic Majesty in Germany shall carry a Pass; that the form and head of the said Pass shall be sent to the Consul of His Britannic Majesty residing in Barbary, to be delivered to the Commanders or Captains of the ships, or cruizers of the Emperor of Fez and Morocco, to the end that the said Commanders or 108 MOROCCO. Captains may shew the due respect to this peace^ without ofFend- ing through ignorance ; and all the Conunanders or Captains of ships or vessels belonging to the subjects of His Britannic Ma^ jesty in Germany, who shall meet with any ship or vessel of the Emperor of Fez and Morocco, or of his subjects, if the Captain thereof shews a Pass, signed by the Governor of the City he be- longs to, with a certificate from the English Consul, or in case of his death or absence, from the major part of the English mer* chants residing there, he shall be permitted to pursue his voyage without impediment or injury. XXI. It is also agreed, that the subjects of His Britannic Majesty shall not be obliged to present themselves before the magistracy of the Country, to be judged, under any pretence ; * and their cawies, suits, or differences, which may happen with the Moors, or any other subjects whatsoever, living in the Do- minions of the Emperor of Fez and Morocco, shall be judged and determined, only by the Governor of the City, and English Consul. XXII. It is also agreed, that in case any ship or ships of war, or others, at enmity with His Britannic Majesty, shall be in any port of the Emperor of Fez and Morocco, where at the same time there shall be ships belonging to the subjects of His Bri- tannic Majesty, the said cruizers shall not be permitted to offer any violence to them, nor to sail under forty hours after the said ships shall be departed ; and it is moreover agreed that the peace shall commence from the signing of this Treaty, after which, no subject of His Britannic Majesty shall be bought, sold, or made a slave of, in any part of the Dominions, or under the jurisdiction of the Emperor of Fez and Morocco ; and this shall be ratified within six months, or sooner if possible ; and in case, in the mean time, any prize shall be made by either of the two parties with loss, reparation shall be made, according to the shares, and as the ship or effects shall have been sold ; and the part^ which shall remain entire, shall be immediately restored in its own spe- cies ; the people shall be set at liberty. XXIII. It is agreed and concluded (in order that there be no excuse made, or ignorance pretended of this peace) that the twenty-five Articles following and before-mentioned, shall be de- BARBARY STATES. 109 clared and published to all the subjects of each Power, which de- claration shall be signed by each party, and shall be observed by them, to avoid disputes ; and that they shall be translated imme- diately, by the Emperor's order, into the Arabic language ; that copies shall be sent to all the Alcaides and OflBcers of all the Ports and Dominions of His Imperial Majesty, to be read pub- licly by the Judge, and afterwards to remain deposited in the bands of the said Judge, or the Alcaide of the Port, for occasions that may offer ; sind, to prevent all other troubles, that every Captain of a ship of war, or cruizer, of the Emperor of Fez and Morocco, shall be provided with a copy of them, which copy shall be actually on board the said ship or cruizer, in order to make this peace the more inviolable ; and that the ratification of the said Articles shall be in the Spanish language, which shall be received, and of equal force, as if it was in either language of the two nations. XXIV. And lastly, it is agreed and concluded, that when his Excellency Mark Milbanke, Esq. His Britannic Majesty's Am- bassador, arrives at Court, or where he shall receive his audience, or during the time he stays in the Dominions of the Emperor, he shall never, in any manner, be asked, or interrogated, by the Emperor, HLs Servants, or any other person, either Christian, Moor, or Jew, relating to any prize or prizes, made by His Bri- tannic Majesty's ships of war, or privateers, neither shall he meet with any insults or affronts, by applications on that or any other matter ; it being clearly understood, that the 23,000 pesos duros which are paid (exclusive of the 200,000 pesos duros for the re- demption) are for the entire satisfaction of all difficulties, differ- ences, pretensions, disputes of any sorts, depending between their Imperial and Britannic Majesties, their subjects or the in- habitants of their Dominions, and to cement a true and inviolable peace and friendship between the two nations. And it is further agreed, that the Consul or Consuls of His Britannic Majesty shall not pay any duties for their furniture, clpaths, or baggage, or any other necessaries, which they shall, at times, have occa- sion to bring to the Emperor's Dominions, for the consumption of them, or their families in their houses. 1 10 MOROCCO. ADDITIONAL ARTICLE. It 18 moreoTer agreed, that if any of the Governors of Gibral- tar, or Minorca (when it shall be again in the possession of the English) shall desire flour or wheat for the troops of the said garrisons, that His Imperial Majesty permits them to buy the same in any places of His Imperial Majesty's Dominions, and to carry them away, paying a fixed duty ; but it is understood, that the Emperor does not grant the said privilege to any mer- chant to carry away the said Articles to sell. And it is permitted that the ships of war may buy the said Articles for their own use, in any Port of His Imperial Majesty's Dominions, without pay- ing any duty or imposition. Given and signed in our Boyal * Court of Fez, the 28th of July, 1760. Signed Mark Milbanke. ADDITIONAL ARTICLES between Great Britain and Mo- rocco. Signed at Sallee, 24th May, 1783.* Additional Articles of Friendship and Commerce, made by the Emperor of Morocco with the King of Great Britain ; concluded with Sir Roger Curtis, His Britannic Majesty's Ambassador to Morocco, 24th May, 1783. In the Name of God, Amen. Nothing can be done but with the help of God. From the Slave of God, Mahomet Ben Abdallah. God is his Master. These are the Articles of friendship and peace made and con- cluded between us and the Great King of the English, George the Third, through the hands of His Excellency Sir Roger Curtis, the Ambassador which he sent unto us. I. There is peace and friendship between us, agreeable to for- mer Treaties, nor has it been otherwise. The English merchants have free liberty to come to all our ports, there to trade, and to buy, and to sell like other nations : and we also give leave to the merchants, our subjects, to repair to and trade at all English Ports. II. All English subjects, who have debts or demands in our • Renewed by Article XL. of the Treaty of 1791. BARBARY STATES. in Dominions or Ports, have firqe liberty to come and recover 4he same, and to he paid even to the last blanquin. But if any have claims upon such as are bankrupt and unable to pay, their mo- ney is unavoidably lost ; for we have heretofore often signified, to all the merchants who traded to our Ports, not to sell their goods but for ready money, or to persons of established credit ; and these are still our orders. And we also give the same orders to our merchants ^who trade to foreign Ports, not to sell but for ready money, or with people of credit ; and if they dealed with insufficient persons, they must lose their money. III. We grant to the English the house at Tangier, where the • English Vice-Consul used to live ; but as to the house of Elihu the Jew, where Logie used to live, it is agreed with the said Elihu, that if he suffered any Christian, of whatsoever nation, to live in the said house, it shall be taken from him and forfeited to the public treasury of the Mussulmen ; and all the furniture and other effects of Logie, which was in the said house, we have or- dered to be restored again, without any thing being lost ; and if any thing shall be missing, our servant Alcaide Mahomet Ben Abdelmaleek, the Governor of Tangier, is to pay for it. IV. We grant to the English our house at Tangier, where Benido used to live, and after him our servant Alcaide Abdel- hazed Fenish. We give it to you. v. We promise to build a house for the English Agent, at Marteen. The rooms on the ground-floor shall be for lodging the stores of our ships, and the upper part shall be for the habi tation of whoever the English send. VI. The English shall load provisions and refreshments from all our Ports for one year, the said year to commence on the first day of the month Jumet, the 1st in the year, 1197 (Ist April, 1783) and to end on the last day of the month Rabere, the 2d 1198 (28th March, 1784) during which year they are to pay no duty, no ounce, nor anchorage fee. And from the first of the month Jumet, 1st 1198 (1st April, 1784) the English shall have the use of all our Ports, Safie, Willideeah, New Teet, Tadallah, Dalbydah, Arabat (the beginning of goodness) Sallee, Mamora, Tangier, Latache, and Tetuon, to load the aforesaid provisions and refreshments : to pay the following duties : lift MOROCCO. For every Ox 4 Cobbs^ For a Sheep 7 Ounces, For a dozen Fowls 6 Ounces, and all other articles to pay the same duty as formerly : except at the Port of Magodor, where the English are to pay the same duties, for provisions or refreshments, as the merchants of other Chris- tian nations. And we grant the English leave to take on board Mules from all our Ports, paying ten cobbs duty for every mule ; and they are allowed three hundred weight of barley for each mule. VII. The master of every vessel, which comes from Gibraltar to load provisions or refreshments, is to bring a clearance, in which is to be inserted, upon the oath of the Master, the size of the vessel. A vessel of 200 quintals, or 10 tons burthen, is to pay for anchorage fee 3 Cobbs^ From 200 quintals to 400, or 20 tons .... 5 do. From 400 do. to 600, or 30 tons .... 8 do. From 600 do. to 800, or 40 tons ... 10 do. But if any vessels carry any manner of merchandize besides pro- visions and refreshments, they shall pay the same anchorage- duties as the merchant vessels of all other nations which come to our Ports. VIII. We have given orders to our servants, at all our Ports, that they do observe and obey all the Articles which we have now granted, neither more nor less. These are our orders. The 23d of the mouth Jumet, the 2d in the year of God, 1 197 (24th May, 1783). Signed Roger Curtis, (L. S.) TREATY between Great Britain and Morocco. Signed at Sale, Qth of April, 1791. Praised be God alone. This is a copy of the writing of the Treaties of Peace between the Lord of the Faithful, who is crowned Defender of the Law, by the Grace of God of the Universal World, that his prosperity may never be at an end. BARBARY STATES. 1 13 Mahomed el Mehidi el Yazid, whom God has crowned at the head of his troops, that his fome may be continued to be named in his Dominions ; and George the Third, King of England ; in Forty-three Articles. I. For the freedom, security and perfect ease, of the subjects of both parties. It is agreed, that the English shall have liberty to establish a Consul (or as many Consuls as they please) in the Dominions of the Emperor of Morocco, who shall have the liberty of the Coun- try, and reside in any Port or place he chooses, whether maritime or not, as he may find most conducive to the service of the King his master, and advantageous to the trade of His subjects. II. The English Consul residing in the Emperor's Dominions, shall be treated at all times with the respect and civility due to his character. — -His person and house shall be inviolable, and if any person injures or insults him by word or deed, he shall be severely punished. He shall have liberty to choose his own in- terpreters and servants, either Musselmen or others, who are not to pay the poll-tax, or any tax or contribution whatsoever ; he shall be allowed a place to pray in ; he "shall have liberty at all times of hoisting His Majesty's flag on the top of his house either in town or country, and in his boat when he passes on the water ; he shall not pay duty for furniture, clothes, baggage, or any other necessaries which he imports in the Emperor's Dominions, for the use of himself or his family ; and if the nature of the service, or any other motive, require his absence from Barbary, neither himself, his servants, baggage, or effects, shall be stopped or de- tained upon any pretence whatsoever; but shall have free leave to go, and to return as often as he may think it necessary; and all honors or privileges that are now, or may hereafter be granted to the Consul or Deputy of any other Power, shall likewise be granted to the English Consul and his Deputy. III. English subjects are permitted to come with their ships, merchandize, or 'goods, to all parts of the Emperor's Dominions ; to enter into the same, to remain and reside there without any limitation of time; also to hire, or build houses or stores; and the English subjects visiting or residing in the Dominions of the Emperor, and the subjects of the Emperor, visiting or residing VOL. I. ] 114 MOROCCO. in any part of the Englbh Domifiionsy shall not do to each other any harm, offence, or injury, either by word or deed, but shall treat each other with all possible respect and friendship. IV. English subjects, or any under English protection, residing in, or trading to, any part of the Dominions of the Emperor shall be in perfect security as to their persons, property, and effects; they shall enjoy the entire freedom and exercise of their religion without the least reproach or afiront^ and shall have a convenient place for their burying ground, against which, or the bodies buried in the country, no violence or indecency shall be com- mitted; they shall have the liberty of the town and country; may choose their own interpreters, brokers, couriers, and servants, be they Musselmen or not, whom they may dispatch at their pleasure, with liberty to go from place to place either by sea or land; and whenever they think proper they may go or send on board any ship whatever either in the port or road, and neither they nor their domestics of any religpon shall pay the poll-tax or any other tax. V. No English subject or person muder English protection, shall be forced to sell or buy any thing contrary to their inclina- tion, nor shall the Moors take any effects from them but by their own consent, according to an agreement made ; and the like con- duct shall be observed by the English towards such Moors as may be ia the English Dominions. VI. No English subject, or person under English protection, shall be bound to pay the debts of any other English subject, or of any other person whatsoever, unless he become surety for the same by a public act under his own hand. VII. Such causes or differences as may arise in Barbary be- tween the subjects of His Imperial Majesty and English subjects, shall not be decided by the Cadi or Judges of the place, but are to be determined by the Governor of the City, and the English Consul or his Deputy ; nor shall an English subject, or one under English protection, be obliged on any pretence to present himself before the ordinary magistracy of the country ; and all such Causes as may arise between English subjects or those under English protection shall be determined by the English Consul or his deputy alone. BARBARY STATES. i\5 VIII. If there happen any quairel between any English sub- ject, or person under English protection, and Musselmen, by which either of them may receive detriment, the Cause shall be beard and determined by the Emperor alone, and if the English •abject. Of person under English protection, be the aggressor, he shall be punished with no greater severity than a Moor guilty o^ the Hke offence ought to be ; and if he escape, no other English subject, or person under English protection, shall suffer on his ao count, or in his place; and if it appear that the crime was commit" ted by accident, or in his own defence, he shall be treated agrees able to the customs observed towards Musselmen in like cases. And if any quarrel shall happen between Englishmen and Musselmen in any part of the Dominions of the King of England^ by which one of them may receive detriment, the same shall be heard before an equal number of Musselmen and Christians, and determined agreeably to the laws of England* IX. All subjects of the Emperor who shall have been made slaves, and shall escape to any English ship of war, or to any part of the English Dominions, shall be protected and sent with all convenient speed to their homes ; and in like manner all Eng« lish subjects, who may escape from any garrison on the coast of Africa, or from any place without the English Dominions, where they were prisoners or slaves, to any part of the Emperor^s Do- minions, shall immediately be free, and be delivered up to the Consul or his deputy, or be sent to Gibraltar. X. No English subject, or person under English protection, shall be permitted to turn Musselman, being induced thereto by surprize, unless he voluntarily appear before the Governor with the British Consul or his Deputy three tilmes, in three days, and each day declare his resolution to turn Mahometan* XI. Any EngUsh subject, or person under English protection, turning Moor, and having in his possession, goods or estate the property of other English subjects,' or books or papers relating to the property of other English subjects ; all such books, papers, goods, or estate, shall positively be delivered to tire British Con- sul or his deputy, that they may be conveyed to their true ovmers. XII. All English subjects of every denomination, that may be in the Ejnperor of Morocco's Dominions, shall always and at 1 2 116 MOROCCO. all times, both of peace and war, have full and absolute libettj to depart and go to their own or any other country, upon any ship or vessel of what nation soever they shall think fit ; they shall be permitted to sell, or alienate their moveable or immoveable estates, and to carry away the price thereof, with their effects, goods, families, or servants, whether bom in the country or not, without any interruption or hindrance, and the same privilege shall be allowed to all the subjects of the Emperor, who may be in the English Dominions. XIII. If any English subject, or person under English protec- tion, dies in any part of the Emperor's Dominions, his goods and monies shall not be seized by the Governor, Judges, or other Officers, who shall likewise make no enquiry after the same ; but the said goods and monies shall be received by such person or persons, whom the deceased, by will, shall have made his heirs, in case they be present ; but if the heirs be not there, then the executors constituted by ihe deceased, or in their absence the , Consul or his Deputy, shall, after havjng made an inventory of all the property left, take them into custody for the benefit of the lawful heirs. — And in case any English subjects die, not having made any will, the English Consul or his Deputy shall, after hav- ing made an inventory, possess himself of his goods and monies, for the use of the kindred and heirs of the deceased : and the Governor, or any other Officer in power, in the place where such person shall die, shall order all debts due to the deceased to be paid to the Consul or his Deputy for the above uses. XIV. It is agreed and understood that all the German sub- jects of the King of England or inhabitants of his German Do- minions, and all the inhabitants of Gibraltar, are and sKall be considered as English subjects, and entitled to the privileges of English subjects to all intents and purposes, as if they were bom in the City of London : and if any place or dominion shall here- after become subject to the King of England, either by cession or conquest, the inhabitants thereof shall be considered as English subjects, and be as fully entitled to all the privileges of English subjects, as if such place or dominion was now especially named in this Treaty. XV. The subjects of the King of England, and those under L BARBARY STATES. 1 17 His said Majesty's protection, over and above the stipulations contained in this Treaty, shall enjoy all the privileges and ad- vantages which now are, or which hereafter may be, granted to any. of the subjects of the most favoured nation. XVI. There shall be a reciprocal and perfect freedom of na- vigation between the subjects and vessels of the King of England, and of the Emperor of Morocco; and if any ship of war or pri- vateer belonging to the King of England or His subjects, shall meet with any ship or vessel belonging to the Emperor or his sub- jects, if the Commander of any such ship or vessel shall produce a Pass signed by the Moorish Governor, and a certificate from the English Consul or his Deputy, declaring such vessel to be the property of the Emperor or his subjects, or if they have no such Pass or certificate, yet if the Commander and Major part of the ship's company be subjects of the Emperor, the said Moorish ship or vessel shall pass freely. { XVI[« The ships of war or cruizers belonging to the Empe- ror of Morocco, or to his subjects, meeting with any ship or ves*' sel belonging to the King of England or His subjects, not being in any of the seas appertaining to any of His Majesty's Dominions, may send a single boat on board with two sitters, which two and no more may enter the ship ; and on shewing them a Hassport signed in the usual manner, the said boat shall depart immediately; leaving the ship to pursue her voyage, although she should be coming from, or bound to a port in the Dominions of a Prince or State actually at war with the Emperor ; nor shall any pilot, mariner, passenger, or person whatsoever, either for examination or on any other pretence, or any stores or effects of any kind, ei- ther as a free gift or otherwise, be taken out of or from any vessel belonging to the King of England or to His subjects. And all prizes, taken by the King of England's ships, or subjects, and all ves- sels fitted out in any of the distant English Governments, shall not be molested in case of not having a Mediterranean Pass on board ; but a certificate under the hand of the Commanding Offi- cer, that shall so take prizes, and a certificate under the hands and seal of the Governor or Chief of such distant Government where the ship sailed from, shall be a sufficient Pass to either of them. i3 3il6 MOROCCO. XVIII. It is agreed that the ships or vessels of the Emperor^ or^those belonging to his subjects, are not to cruize so near any of the ports belonging to the King of England's DoininionSy as to disturb or molest the trade thereof in any manner whatsoever. XIX. Any subjects of the Emperor of Morocco, being pas- sengers on board any vessels belonging to a nation at war with England, and if such vessel be taken by the English ships, the Moorish subjects on board shall all be set at liberty, and their property restored to them ; and all English subjects, being passen- gers on board any sliip or vessel of any nation not in peace with the Emperor, if such vessel be taken by the Emperor's cruizers, the English subjects shall be immediately set at liberty, and all dieir property restored to them. XX. Any ship or vessel belonging to the King of England or His subjects, having passengers, goods, or merchandize, although the property of a people actually at war with the Emperor, shall pass free and unmolested, and the like freedom is granted to all vessels belonging to the Emperor or His subjects. XXI. If any ship belonging to the King of England or His iubjects, shall come to any port within the Emperor's Domi- nions with a prize or prize goods, they shall be at liberty to sell them, without hindrance or molestation, or depart therewith, as they please. XXII. If any ship or vessel of either of the Parties shall have an engagement with a vessel of any other Power, within gun-shot of the coast of the other, the vessel so engaged shall be protected or defended as far as possible. XXIII. All ships or vessels of any Nation whatsoever, which shall be under the guns of the ships of war of either party, shall, for the time, be considered as immediately under the protection of the Crown to which such ships of war belong, nor shall it be lawful on any account to molest vessels so protected. XXIV. It shall not be lawful for any cruizers, not being subject to the Emperor or the King of England, who have commissions from any Prince or State, in enmity with either the Emperor or the King of England, to refit their ships in the ports of one or the other Nation, nor to sell what prizes they have taken, or in any BARBARY STATES. 119 other manner whatever to exchange either ships' merchandizei or any other ladings ; neither shall they be allowed to purchase stores, or even provisions, except such as shall be necessary for their going to the next port of the country to which they be- long. XXV. If any ship or vessel belonging to any Power whatso- ever, at war with the King of England, shall be in any bay, port^ or road of the Emperor's Dominions, where at the same time diere shall be vessels belonging to the King of England, or His subjects, the said vessels of the enemy shall not be permitted to offer any violence to them, nor to sail under twenty^four hours after the said vessels shall be departed ; and in like manner shall all vessels of the Emperor or his subjects be protected in the ports of the King of England. XXVI. If any squadron, or single ship of war, or merchant vessel, belonging to the King of England or His subjects, being in the ports, or on the coast of His Imperial Majesty's D<mii* nions, shall want provisions or refreshments, they may buy them in the quantity or quality they may have occasion for, at the cur^ rent market price, free of duties, or of any other gratuity, and the like privilege shall be granted to the Moorish vessels in any port of the King of England's Dominions. XXVII. As the English ships of war do frequendy assemble in the Bay of Gibraltar, or cruize in the neighbouring seas, if at any time they should be in want of provisions and refreshments, and should send from thence to purchase supplies in any part of the Emperor's Dominions, they shall be permitted by their agents, properly authorised, to buy cattle, alive or dead, and all other kinds of refreshments and provisions, at the prices they are sold for in the market, and shdU be suffered to carry them off without paying duty, in the same manner as if such Ejaglish ships of war were themselves in the port. XXVIII. All packets bearing the King of England's Com- mission, or Commission from the Royal post-office, shall be treated with the same respect, and enjoy the same privileges as His Majesty's ships of war. XXIX. No native of any country whatsoever, whether Cap- 14 120 MOROCCa tain, mariner, fisherman, or other person, under the English Go- vernment, in the City of Gibraltar, or any other place that may hereafter belong to the King of England, shall be seized or mo- lested, navigating or fishing under the English flag, with passports attested by the Governor or Commander in Chief of those places, but they shall be considered and esteemed as English natural- bom subjects. XXX. The ships of the subjects and inhabitants of both their Majesties, coming to any of the sea-coasts within the Dominions of either, but not willing to enter into port, or being entered, not being willing to shew, or to sell, the cargoes of the ships, shall . not be obliged to give an account of their loading, nor shall they be searched, examined, or delayed on any pretence whatsoever. XXXI. If any English ship or vessel shall come into any port of the Emperor's Dominions, having a cargo on board, a part only of which is destined for such place, no duty shall be de- manded or paid but for such articles as are there landed, and the vessel or crew shall, without the least molestation, be permitted to depart freely with the remainder of her cargo. XXXII. No Commander of an English ship or vessel shall be obliged to receive on board passengers or merchandize, neither for public nor private service, belonging to any person whatsoever, against his consent, nor to make a voyage to any place he shall not have a mind to go to, neither shall his vessel be searched, de- tained, or embargoed on any pretence. XX XIII. If any of the Emperor's subjects shall hire any English vessels, to coAvey any goods or passengers from one part of the Emperor's Dominions to another, and shall happen, by violence of weather or other occasion, to touch at any place on the voyage,, such ships shall not be obliged to pay anchorage, port charges, or any thing for the shelter they may receive. XXXIV. Any ship or vessel belonging any part of the Eng- lish Dominions that may meet with an accident at sea, and shall put in any port of the Emperor's Dominions to repair, shall be received and treated with all manner of humanity and civility; have all the protection and assistance of friends ; shall be at li- berty to land and re-load her cargo, without paying any duty what- BARBARY STATES. 121 ever ; shall be allowed to buy provisions and other necessaries^ for the support of their persons and future subsistence to tlieic« destined port^ or for repairing their ships; and they shall in no manner be retarded or hindered from proceeding on their voyage. XXXV. If any ship or vessel belonging to the King of Eng- land or His subjects^ be forced on shore, or wrecked on any part of the Emperor's Dominions, they shall have all the protection and assistance of friends ; every part of the ship-tackle, furniture, goods or merchandize, saved either by themselves or others, or driven on shore, shall neither be hidden, nor detained from them, nor hurt, under any pretext whatsoever, but shall be restored to the proprietors, or to the Consul or his deputy, for their use ; all the people shall be at liberty, and without the least detention, permitted to embark whensoever they please for any part of the world ; and in like manner, sha)l the vessels and subjects of the Emperor be treated, if wrecked on the coast of the English Do- minions : and if any English vessel be wrecked at Oled Nun, or on the coast to the southward among the Arabs, the Emperor will use his utmost power and influence to have the men restored, that they may return immediately to their own country, and the Consul or his Deputy is permitted, at the same time, to use his best endeavours to procure the men, in which humane duty he shall be cordially assisted by the Emperor^s subjects. XXXVI. There shall be an entire freedom of commerce, throughout all the Dominions of both parties, where commerce is at this time permitted, or shall be permitted hereafter to the subjects of any other nation ; and that the trade of the subjects of both parties, may be established on just foundations, and all difficulties in future removed, a permanent tariff for regulating the duties of import and export shall be established, which tariff is to be considered as forming a part of this Treaty, the same as if it was here inserted word for word. XXXVII. The subjects of the King of England, or those un- der His said Majesty's protection, who shall repair to the Domi- nions of the Emperor for cattle or provisions of any kind, shall be allowed to purchase and embark the same, paying the duties according to the established tariff; and should the arrival of se- veral foreign vessels, at the same time, cause the demand for cattle 122 MOROCCO. and provisions to exceed the quantity offered for sale, the English 8ul]9ects shall at all times be furnished with an equal proportion at die usual market prices, nor shall the subjects of any one na- tion be allowed to engross the whole ; and as a proof of the Em- peror's friendship for the King of England, it is agreed that if, at any time hereafter. His said Majesty's garrison of Gibraltar shall be in any want of provisions, and there be no scarcity in Barbary, the Emperor will permit the English to buy flour or wheat, and to export the same at a reasonable duty, solely for the use of the troops, &c. of the said garrison. XXXVIII. In case any subject of the King of England, or person under His said Majesty's protection, shall import into any part of the Emperor's Dominions any warlike stores, or any kind of materials for building, rigging, or repairing of ships, they shall not pay for the same any custom or duty whatsoever. XXXIX. All goods and merchandize or effects, that shall be imported into any port of the Emperor's Dominions, by English subjects, or those under English protection, and which have once paid the regular duty, may be exported or transmitted to any other part of the Emperor's Dominions, without paying any fur- ther duty : and all merchandize smuggled in without paying du- ties shall be confiscated ; but no other punishment shall be in- flicted on the subjects of either Dominion. XL. All the Treaties made vrith Muley Ishmael, Muley Ab- dellah Ben Ishmael, and Sidi Mahomet Ben Abdellah, shall con- tinue in force and be ^thfuUy observed, except the Articles that shall be found contrary to what is this day concluded and signed. XLI. That whensoever it shall happen hereafter, through in- advertency or otherwise, that any thing is done by the ships or subjects of either side, contrary to any of these Articles, the fri^Mlship and good intelligence shall not immediately thereupon be broke off; but this Treaty shall subsist in all its force, until satisfaction, after having been regularly demanded, shall be re- fused; and the subjects of either Party who shall maliciously break this Treaty, or any of the Articles thereof, shall be severely punished by their respective Sovereigns, each Sovereign to take cognizance of the conduct of His ovni subjects. XLII. If ever the good understanding and friendshipr now subsisting between the two Courts should be broken, and war BARBARY STATES. 123 ensue, which God forbid, all English subjects and those under English protection, of every rank and denomination, being within the Dominions of the Emperor, shall be permitted to retire with all their property, families and servants, whether bom in the country or not, to any part of the world that they please, and by the vessels of any nation whatsoever ; and to all such as desire it, six months shall be given, during which time they shall be in perfect freedom and safety, and sell and dispose of their goods and effects ; nor shall their persons or property be molested or disturbed in any manner, either on account of the war or other pretence ; but on the contrary they shall enjoy good and speedy justice, to the end that they may dispose of or remove their pro* perty and recover their debts ; for which purpose the Powers of the Government shall at all times assist them, and so shall it be to the Moors in England. XLIII. That there may be no ignorance pretended of this Peace, this Treaty shall be declared and published to. all the sub- jects of each Power, and copies be sent to all the Alcaydes and Customers of all the ports of the Emperor's Dominions, and the Captains of all his cruizers. Praised be God alone. Seal. God of Truth CroM-n the Truth. There is only One God, and the Prophet Mahomet Sent of God. The writing of the slave of God, Mohlamed el Yazid el Me^ hedi, whom God preserve. — Amen. The forty-three Articles, or Treaties, that are written on these three sheets, on the right side, are confirmed between me and the Powerful Englishman King George the Third, by means of His Embassador, James Mario Matra. I consent to all of them, ^d make my peace on them, except one Article, which is No. 7> IM MOROCCO. wfaidi fays that the Cadi, or Moorish Judge shall not be present mt the trial of causes between English merchants and Moors ; to dut I cannot consent, for it cannot be dispensed with that the Judge shall not be present, because he is the principal, and to be depended upon, and with the consent of the above-mentioned Ambassador the Treaty remains concluded for all English ships, that will enter and sail from my ports. 4th Sheban, 1205. Concluded on, and ratified by the Emperor of Morocco, in the City of Sal6, the 8th of April, 1791. Signed James M. Matra. BARBARY STATES. 1^ TRIPOLI. TREATY between Great Britain and Tripoli. Signed at Tripoli, \6th October, 1662.* Articles of Peace between His Sacred Majesty, Charles II, King of Great Britain, France and Ireland, &c. and the Most Excellent Osman Bassa, and the People of the Noble City and Kingdom of Tripoli ; concluded by Sir John Lawson,Kt, I. That from this day and for ever forward, there be a good and firm Peace between His Sacred Majesty, the King of Great Britain, &c. and the Bassa and the People of the City and King- dom of Tripoli, and the Dominions thereunto belonging. And the ships, subjects, and People on either Party shall not do nor offer any offence or uijury to each other, but treat one another with all possible respect and friendship : and any ships belonging to the King of Great Britain, &c. or any of His subjects, may freely come to the Port of Tripoli and buy and sell as in former times, and also unto any other Port that belongs to the Govern- ment of Tripoli, paying the custom as in former times : and no man within the jurisdiction of Tripoli shall give the subjects of His said Majesty a bad word, or a bad deed, or a bad action : and, presently after the signing and sealing of these Articles, all injuries and damages sustained on either part shall be quite taken away and forgotten, and this Peace shall be in full force and virtue. II. That all ships, as well those belonging to His Sacred Ma- jesty the King of Great Britain, 8cc. and any of His Majesty's Subjects, as those belonging to Tripoli, shall freely pass the Seas, and traffic without any search, hindrance, or molestation whatso- ever. Apd for the better practising of this second Article, accord- ing to the true intent and meaning thereof, it is agreed, that the Tripoli ships of war meeting any merchant ships belonging to * Renewed by Article XXV. of the Treaty of 1716. |«6 TRIPOU. the subjects of the King of Great Britain, 8cc. not being in any of the Seas appertaining to His Majesty's Dominions, have liberty to send one single boat, with but two sitters more than the common crew of rowers, and no more to enter on board the said merchant ship but the two sitters, without the express leave of the Commander of the merchant ship ; that upon producing unto them a Pass, under the hand and Seal of the Lord High Ad- miral of England, the said boat do presently depart and the mer- chant ship to proceed on his voyage. And although the Com- mander of the merchant ship produce no Pass from the Lord High Admiral of England, yet, if the major part of the ship*s company be subjects to the King of Great Britain, 8cc. the said boat shall presently depart, and the merchant ship proceed freely ; and though there be strangers on board, they shall be free, and their goods. And any ships of war of His Majesty the King of Great Britain, &c. meeting with any ships of Tripoli, if the commander shall produce a Pass firmed by the Chief Go- vernors of Tripoli, and the major part of the ship's company be Turks, Moors, or Slaves, then the Tripoli ship to proceed freely. III. That any ship belonging to the Subjects of His Majesty the King of Great Britain, 8cc. coming into Tripoli, or any of the ports in its Territories, shall, for such goods as they sell, pay the dues according to custom ; and the goods they sell not, they shall freely carry on board, and carry away the same where they please, without paying ^y duties for the same. IV. That if any ship of Algier, Tunis, or Sally, or any other, do bring any ships, men, or goods belonging to any of the Subjects of His Majesty the King of Great Britain, &c. into Tripoli, or any of the ports thereto belonging, the Governors there shall not permit them to be sold within the said territories ; and for the time to come, that no subject of His said Majesty be bought or sold, or made slave of, in Tripoli or its territories. V. That any merchant of the Subjects of the King of Great Britain, 8tc. dying in Tripoli or its Territories, his goods or monies shall not be seized by the Bassa, Aga, or any other Minister, but remain with the English Consul. VL TThat the Subjects of the King of Great Britain, &c. that do at present, or shall at any time hereafter, inhabit in the City BARBARY STATES. 127 and Kingdom of Tripoli, shall have free liberty, when they please, to transport themselves, with their families and children, although bora in the country. VIL That the Consul, or any other subject of the King of Great Britain, &c. in matter of difference, shall not be liable to any other judgment but that of the Dey. VIII. That the subjects of His said Majesty, in difference among themselves, shall be subject to no determination but that of the Consul. IX. That the Consul, or any other of the subjects of His said Majesty, be not liable to pay the debts of any subject of His said Majesty, unless obliged under his hand for the same. X. That in case any of His said Majesty's subjects i^hall happen to strike a Turk or a Moor, if he be taken, let him be punished : but if he escape, nothing shall be said to the English Consul, or any other of His said Majesty's subjects upon that account. XI. That in case any slave in the Kingdom of Tripoli, of any nation whatsoever, shall make his escape, and get on board any ship belonging to His said Majesty, the Consul shall not be liable to pay his ransom, unless timely notice hath been given him to give order that no such be entertained ; and then if it ap- pear that any slave hath so gotten away, the said Consul is to pay the patron the price for which he was sold in the market ; and if no price be cut, then to pay three hundred dollars, and no more. XII. That no merchant, nor other subject of His said Ma- jesty, being a passenger in or unto any port, shall be molested or meddled with. XIII. That the English Consul, that lives in Tripoli, be allowed a place to pray in, and no man to do him, or any of His said Majesty's subjects, any wrong or injury, in word or deed, whatsoever. XIV. That if any ship of war of His said Majesty shall come into Tripoli, or other the ports of that Government, with any prize, they may sell and dispose of it at their pleasure, with- out being molested by any; and that they be not obliged to pay customs in any sort : and if the said ships of war shall want provisions, victuals, or any other thing, they may freely buy it at the rate in the market. 128 TRIPOLI. XV, That no shipwreck belonging to His said Majesty, or any of His subjects, on the coast belonging to Tripoli, shall become prize ; and that neither the goods be forfeited nor the men made akves, but the people of Tripoli shall do their best endeavours to save them and their goods. That if any grievances happen on either side, it shall not be lawful to break the peace until satisfaction be denied. That in all other particulars, not mentioned in these Articles, the regulations shall be according to the general Capitulations with the Grand Signior. Signed and sealed in the presence of the great God. Signed John Lawson. Tripoli, 18th October, 1662. TREATY between Great Britain a?id Tripoli. Signed at Tri- poli, 5th March, 1675-6* Articles of Peace and Commerce between the Most Se- rene and Mighty Prince, Charles the Second, by the Grace of God, King of Great Britain, France and Ireland, De- fender of the Christian Faith, &.c. and the Most Illustrious Lords, Halil Bashaw, Ibraim Dey, Aga, Divan, and Gover- nors of the City and Kingdom of Tripoli ; concluded by Sir John Narbrough, Knight, Admiral of His Majesty's fleet in the Mediterranean Seas. I. In the first place, it is agreed and concluded, that, from this day and for ever forward, there be a true, firm, and inviolable Peace between the Most Serene King of Great Britain, France and Ireland, Defender of the Christian Faith, &c. and the Most Illus- trious Lords the Bashaw, Dey, Aga, Divan, and Governors of the City and Kingdom of Tripoli, in Barbary, and between all the Dominions and subjects of either side, and that the ships or other vessels, and the subjects and people of both sides shall not hence- forth do to each other any harm, offence, or injury, either in word or deed, but shall treat one another with all possible respect and friendship. • Renewed hy Article XXV. of the Treatj of 1716. BARBARA STATES. i«9 II. Thut any of the ships or other- vessels belonging' to the said King of Great Britain, or to any of His Majesty's subjects, may safely come to the Port of Tripoli, or to any other port or place of that Kingdom, or Dominions thereunto belonging, freely to buy and sell without the least disturbance, paying the usual cus- toms, as in former times hath been paid, for such goods as they sell : and for the goods they sell not, they shall have free liberty to carry on board their own ships, without paying any duties for the same, and when they please they shall freely depart from thence without any stop, hindrance, or molestation whatsoever. III. That all ships and other vessels, as well those belonging to the said King of Great Britain, or to any of His Majesty's sub-^ jects ; as also those belonging to the Kingdom or People of Tri- poli, shall freely pass the seas, and traffic where they please, with- out any search, hindrance, or molestation from each other ; and that all persons or passengers of what country soever, and all mo- nies, goods, merchandizes, and moveables, to whatsoever people or nation belonging, being on board of any the said ships or ves- sels, shall be wholly free, and shall not be stopped, taken, or plundered, nor receive any harm or damage whatsoever from either party. IV. That the Tripoli ships of war, or other vessels thereunto belonging, meeting with any merchants' ships or other vessels of the King of Great Britain's subjects, not being in any of the seas appertaining to His Majesty's Dominions, may send on board one single boat with but two sitters, besides the ordinary crew of rowers, and no more but the two sitters to enter any of the said merchants' ships, or any other vessels, without the express leave from the Commander of every such ship or vessel ; and then upon producing unto them a Pass under the hand and seal of the Lord High Admiral of England, the said boat shall presently depart, and the merchants' ship or ships, vessel or vessels, shall proceed freely on her or their voyage. And although the Commander or Com- manders of the saidmerchants' ship or ships, vessel or vessels, pro- duce no Pass from the Lord High Admiral of England, yet if the major part of the said ships' or vessels' company be subjects to the said King of Great Britain, the said boat shall presently depart, and the merchants' ship or ships, vessel or vessels, shall proceed VOL. 1. K ISO TRIPOLI. freely Ott her or their voyage ; and if any of the said ships of war or odier vessels of His said Majesty, meetbg >vith any ship oi ships, vessel or vessels, belonging to Tripoli, if the Commander or Commanders of any such ship or ships, vessel or vessels, shall produce a Pass firmed by the chief Governors of Tripoli, and a certificate from the English Consul living there, or if they have no such Pass or certificate, yet if the major part of their ship's company or companies be Turks, Moors, or Slaves, belonging to Tripoli, theii the said Tripoli ship or ships, vessel or vessels, shall proceed freely. V. That no commander or other person of any ship or vessel 6f Tripoli shall take out of any ship or vessel of His said Ma- jesty's subjects, any person or persons whatsoever, to carry them any where to be examined, or upon any other pretence, nor shall use uiy violence or torture unto any person of what nation or quality soever, being on board any ship or vessel of His Majes- ty'i subjects, upon any pretence whatsoever. VI. That no shipwreck belonging to the King of Great Bri- tain, or to any of His Majesty's subjects, upon any part of the coast belonging to Tripoli, shall be made or become prize; and that neither the goods thereof shall be seized, nor the men made slaves, but that all the subjects of Tripoli shall do their best endeavours to save the said men and their goods. VII. That no ship or any other vessel of Tripoli shall have permission to be delivered up, or to go to any other place in en- mity with the said King of Great Britain, to be made use of as corsairs or sea-rovers against His said Majesty's subjects. VIII. That none of die ships or other smaller vessels of TripoK shall remain cruizing near His Majesty's city and garrison of Tangier, or in sight of it, nor other way disturb the peace and commerce of that place. IX. That if any ship or vessel of Tunis, Algier, Tetuan, or Sally, or any other place, being in War with the said King of Great Britain, bring any ships, vessel$> men or goods, belonging to any of His said Majesty's subjects, to Tripoli, or to any port or place m that Kingdom, the Governors there shall not permit them to be sold within the territories of Tripoli. X. That if any of the ships of war of the said Kmg^of Great BARBARY STATES. iSi Britain do dome to Tripoli^ of to acny other port or place 6( that Kntgdoiti, with aiiy prrize, they mily fteelyieW it, or otherwise di^ pose of it at their Own pleasure^ without being molested by any> and that His Majesty's said ships of war shall not be obliged to pay eustoms in any sort ; and that if they shall want provisions, victuals, or any other things, they may freely buy them at the rates in the market. XI. That when any of His Majesty's dhips of war shall appeat* before Tripoli, upon notice thereof given to the English Consuf, or by the Commander of the said ships, to the chief Governors of Tripoli, public proclamation shall be immediately made to secure d^e Christian captives ; and if after that any Christians whatso- ever make their escape t>n board any of the said ships of Vrar, they ^hall not be required back again, nor shall the said Consul or Conotkiander, or any other His said Majesty's subjects, be obliged to pay any thing for the said Christians. XII. That if any subjects of the said King of Great Britain happen to die in Tripoli, or its territories, his goods or monies shall not be deized by the Governors or any Minister of Tripoli, but shall all remain with the English Consul. XIII. That neither the English Consul, nor any other subject of the said King of Great Britain, shall be bound to pay the debts of any other of His Majesty's subjects, except that they become surety for the same by a public act. XIV. That the subjects of His said Majesty in Tripoli or itis territories^ in miatter of controversy, shall be liable to no other jurisdiction but that of the Dey or Divan, except they happen to be at difference between themselves ; in which case they shaH be liable to no other determination but that of the Consul only. XV. That in case any subject of His Majesty, being in any part of the Kingdom of Tripoli, happen to strike, wound, or kill a Turk or a Moor, if he be taken, he is to be punished in the same manner, and with no greater severity than a Turk ought to be, being guilty of the same offence ; but if he escape, neither the said English Consul, nor any other of His said Majesty's sub- jects, shall be in any sort questioned or troubled therefore. XVI. That the English Consul now, or at any time hereafter, living m Tripoli, shall be there at all times with entire freedom K 2 ISfi TRIPOLI. and safety of his person and estate, and shall be permitted to .choose his own druggerman and broker, and freely to go on board any ship in the road, as often, and when he pleases, and to have .the liberty of the country ; and that he shall be allowed a place to pray in, and that no man shall do him any injury in word or deed. XVII. That not only during the continuance of this peace and •friendship, but likewise if any breach or war happen to be here- after between the said King of Great Britain and the City and Kingdom of Tripoli, the said Consul, and all other His said Ma* jesty's subjects inhabiting in the City and Kingdom of Tripoli, shall always, and at all times, both of peace and war, have full and ab- solute liberty to depart^ and go to their own or any other country, upon any ship or vessel of what nation soever they shall think £t, and to carry with them all their estates, goods, families, and servants, although born in the country, without any interruption or hindrance. XVIII. That no subject of His said Majesty, being a passen- ger from or to any Port, shall be any way molested or meddled with, although he be on board any ship or vessel in enmity with Tripoli. XIX. That whereas a war hath lately happened between the Most Serene King of Great Britain, &c. and the Most Illustrious Lords, Halil Bashaw, Ibraim Dey, Aga, Divan, and Governors of the noble City and Kingdom of Tripoli, in Barbary, by reason of the injuries done unto the King of Great Britain and His subjects, .by the Government and people of Tripoli, contrary to the Articles of Peace: We Halil Bashaw, ibraim Dey, Aga, Divan, and Gover- nors of the noble City and Kingdom of Tripoli, in Barbary, do acknowledge the injuries done, and that the breach of the Peace •between His Most Excellent Majesty the King of Great Britain and us of Tripoli, was committed by our subjects, for which some are banished, and some fled from our justice ; and for further sa- tisfaction to His Most Excellent Majesty for the breach of Arti- cles, (we are sorry for the same) and do by these engage to set at liberty and deliver unto the Right Honourable Sir John Nar- brough. Knight, Admiral of His Majesty's fleet in the Mediter- ranean Seas, all English Captives residbg in the City and Kmgdom BARBARY STATES. 133 of Tripoli, and Dominions thereunto belonging, without paying any ransom for them ; and likewise by setting at liberty, and de- Jivering unto the said Sir John Narbrough, Knight, all other per- sons taken under English colours,, without paying any ransom for them, and by paying 80,(XX) dollars in monies, goods, and slaves to the aforesaid Sir John Narbrough, Rnight. And, moreover, we do engage ourselves and successors, that if any injury for the future be done contrary to these Articles, by the Government and people of Tripoli, to the King of Great Britain and His subjects ; if upon demand of satisfaction from the Government and people of Tripoli, we or they refuse or deny to give satisfaction there- fore, so that a war be occasioned thereby between the King of Great Britain and the Government and people of Tripoli, we do engage ourselves and successors to make restitution for the inju- ries done ; and likewise to make satisfaction to the King of Great Britain for the full charge and damage of that war, XX. That no subject of the King of Great Britain, &c. shall be permitted to turn Turk or Moor in the City and Kingdom of Tripoli (being induced thereunto by any surprisal whatsoever) unless he voluntarily appear before the Dey or Governor with the English Consul's druggerman, three times in twenty-four hours* space, and every time declare his resolution to turn Turk or Moor. XXI. That at all times when any ship of war of the King of Great Britain, &c. carrying His said Majesty's flag at the main- top-mast head, appear before the said City of Tripoli, and come to anchor in the road, that immediately after notice thereof given by His said Majesty's Consul or Officer, from the ship, unto the Dey and Government of Tripoli, they shall, in honour to His Ma- jesty, cause a salute of one- and- twenty cannon to be shot off from the castles and forts of the City, and that the said ship shall re- turn an answer by shooting off the same number of cannon. XXn. That presently after the signing and sealing of these Articles by us Halil Bashaw, Ibraim Dey, Aga, Divan, and Go- vernors of the Noble City and Kingdom of Tripoli, all injuries and damages sustained on either part, shall be quite taken away and forgotten, and this Peace shall be in full force and virtue, and continue for ever : and for all depredations and damages that shall be hereafter committed or done by either side, before notice 134 TBIPOU. can be given of this Peace^ fall satisfaction shall be immediately made, and whatsoever remains in kind, shall be instantly restored. XXIII. That whensoever it shall happen hereafter, that any thing is done or committed by the ships or subjects of either side contrary to any of these Articles, satisfaction being demanded therefore, shall be made to the full, and without any manner of delay ; and that it shall not be lawful to break this Peace, until such satisfaction be denied : and our faith shall be our faith, and our word our word ; and whosoever shall be the cause of the break- ing of this Peace, shall assuredly be punished with present death. Confirmed and sealed in the presence of Almighty God, the 5th day of March, old stile, and the year of our Lord Jesus Christ, 1675-6, being the last day of the Moon Zelbedg^^ and the year of the Hegira, 1086. (L.S.) (L.S.) (L.S.) (L.S.) Bashaw. Dey. Divan. Signed John Narbbough. TREATY between Great Britain and Tripoli. Signed at Tri^ polij 1st May, 1676.* Whereas there were Articles of Peace and Commerce between the Most Serene and Mighty Prince, Charles the Second, by the Grace of God, King of Great Britain, France and Ireland, De- fender of the Christian Faith, &c. and the Most Illustrious Lords, Halil Bashaw, Ibraim Dey, Aga, Divan, and Governors of the Noble City and Kingdom of Tripoli, in Barbary, lately made and concluded by the said Lords on the one part, and by Sir John Narbrough, Knight, Adipiral of His said Serene Majesty's flee^ in the Mediterranean seas, on the other part, and by them con- firmed and sealed in the presence of Almighty God, the 5th day of March, old stile, and the year of our Ix)rd Jesus Christ, 1675-6, being the last day of the Moon Zelhedga, and the year of the Hegira, 1086 : Since which time of confirming and seal- ing the aforesaid Articles of Peace and Commerce, the aforesaid Lord Ibraim Dey being fled away from His said Government of the City and Kingdom of Tripoli, in Barbary ; now, therefore, • R«newcd by Article XXV. of the Treatj of 1716. BARBARY STATES. |S5 V^€,HaKl Bash^iWj AgBy Divsm, Goveroors; Soldierf^ and Peofileof the aforesak) City and Kingdom of Tripoli, have choaep and elected YicQ Admiral MustaphaGraud to be Dey of the said City and King- dom of Tripoli, in Barbary, to succeed Ibraim Dey in the 9fore- said Government. And now, we, the said Halil Bashaw, Mus- tapha Dey, Aga, Divan, Governors, Soldiers, and People of Tri« poli^ aforesaid, having seen the aforesaid Articles of Peace and CfOnoimerce, which were lately made and concluded as aforesaid^ and having seriously peri^sed and fully considered all particulars therein mentioned, do fully approve of all and every of the afore* said Article and Articles of Peace; and we, and every one of us do now by these presents consent and ^ree to and with Sir John Narbrough, Knight, aforesaid, for the just and essact keeping and performing all of the said Articles, and do accept, approve, ra- tify and confirm all and every of them, in the same manner and form as they are inserted and repeated in the preceding Articlea aforesaid ; hereby firmly engaging ourselves and successors, as- suring on our faith, sacredly tp maiatam, and strictly to observe, perform and keep inviolably all and every th^ aforesaid Article and Articles of Peace and Agreement for ever ; and to cause and require all our subjects and people, of what degree or quality soever, within the City and Kingdom of Tripoli, in Barbary, or Dominions thereunto belongipg, both by sea and land, punctually, inviolably^ carefully, and duly to observe, keep and perform all and every the aforesaid Article and Articles thereof for ever; and our faith shall be our faith, and our word our word ; and who- soever shall at any time violate and break any part of the said Article or Articles of Peace, they shall assuredly be punished with the greal^9t severity, and hia or their heads shall be immediately cut oflF, and forthwith be presented unto any oflSoer whom the Most Serine King pf Great Britain, 8w?. shall authorize to make demand thereof. It is farther agreed, that the subjects belonging upto thf Most Serene King of Great Britoin, &c, trading unto the Port of the City and Kingdom of Tripoli, in Barbary, aforesaid, or unto any Port or place of the* D.omi^ions tbereupto belonging^ iii any mer- chant's ship or other vessel belonging unto the siaid Serene King's subjects, shall not pay so much custom by ope per cent, for what- k4 ' " 156 TRIPOLI soever goods or merchandize they sell or buyy as other Nations do for the custom of the like goods or merchandize^ notwithstand- ing whatsoever is specified in the second Article aforesaid, to the contrary. And that the Most Serene King of Great Britai^s Consul re- siding in Tripoli, aforesaid, shall have liberty at all times when he pleaseth, to put up His said Serene Majesty's flag, on the flag- staff on the top of his house, and there to continue it spread as long time as he pleaseth. Likewise, the said Consul to have the same liberty of putting up, and spreading the said flag in his boat, when he passeth on the water, and no man whatsoever to oppose, molest, disturb, or injure him therein, either by word or deed. These and all the other preceding Articles are to remain firm for ever, without any alteration ; and in all other particulars not men- tioned in any of these Articles, the regulation shall be according to the Capitulations general with the Grand Signior. Confirmed likewise and sealed in the presence of Almighty God, at our Castle in the Noble City and Kingdom of Tripoli, in Barbary, the 1st day of May, old stile, and the year of our Lord Jesus Christ, 1676, being the 26th day of the Moon Zaphire, and the year of the Hegira, 1087* (L.S.) (L.S.) (L.S.) (L.SJ Bashaw. Dey. Divan. Signed John Narbrough. ADDITIONAL ARTICLES between Great Britain and Tri^ poll. Signed at Tripoli, 1 1 th October, 1 694.* Additional Articles to Sir John Narbrough's Treaty, made, concluded, and agreed upon, between the Most Serene and Mighty Monarch, William the Third, by the Grace of God, King of Great Britain, France and Ireland, Defender of the Faith, &c. and the Most Illustrious Lords the Bassa, Dey, Aga and Divan of the City and Kingdom of Tripoli, by Thomas Baker, Esq. His Majesty's late Agent and Consul, at Algier, 1 1 th day of October, 1 694. • Renewed by Article XXV. of the Treaty of 1716. BARBARY STATES. 137 I. Thaty whereas, the Dey of Tripoli is obliged by his Treaty with the French King to salute any of His iBag ships appearing before that port with twenty-five guns, he, the said Dey, shall in honour to His Majesty salute an English Admiral with twenty- seven guns, shotted, as an acknowledgment of His Majesty of Great Britain being the most powerful Prince on the Ocean. II. That the French Consul shall not be permitted to make his visit to* the Dey, on the Turkish solemn festivals or other public occasions, until the Consul of His Majesty of Great Britain shall first have performed his, this priority of reception being allowed to the said Consul, in regard to His Majesty of Great Britain, who was the first Christian Monarch that ever made a peace with that Government. III. That the customs upon all goods and merchandizes brought to the port of Tripoli,, upon English shipping, shall be reduced to 3 per cent. IV. That, whereas, in all the ports of the Grand Signior's Dominions, the French assume a power to protect all Christian merchants, strangers not having a Consul of their own nation in such ports, all persons coming to the port of Tripoli shall be at liberty to put themselves under the protection of the English, as well as the French Consul as they themselves shall think fit. Signed Hadgee Mahomet Dey. T. Baker. TREATY helwten Great Britain and Tripoli. Signed at Tri- poli, igth July, 1716.* Articles of Peace between His Most Sacred Majesty, George, by the Grace of God, King of Great Britain, France and Ireland, Defender of the Faith, &c. and the Most Excellent Lords, Mamet Bey, Isouf Dey, Siaban Rei, the Divan, and the rest of the Officers and People of the City and Kingdom of Tripoli ; renewed, concluded and ratified this 19th of July, 1716, by John Baker, Esq. Vice- Admiral of the Blue Squadron of His Britannic Majesty's • Renewed bj Article XXIV. of the Treaty of 1761. i3» TRIPOLL fle^ 9ad Admiral and Commander in Chief of His Ma- jwty's abips employed^ and to be employed in th^ Mediter«- juneanj being properly empowered for that purpose. J. In the first place it is agreed and concluded, that from this time forward for ever, there shall be a true and inviolable peace bet\veen the Mo9t Serene King of Great Britain^ and the Most Jlhi^tr^ous Lords and Governors of the City and Kingdom of Tripoti, in Barbary, and between all the Dominiona and sub- jects of either side ; and if the ships and subjects of either party shall happen to meet upon the seas, or elsewhere, they shall not molest eaqh other, but shall shew all possible respect and friend- ahip. ^ II. That all merchant ships belonging to the Pominions of jGreat Britain, and trading to the City, or any other part of the Kingdom of Tripoli, shall pay no more than three per cent, cus- tom for all kinds of goods they shall sell ; and for such as they fhM not sell, they shall be permitted freely to embark it again on board their ships, without paying any sort of duty whatsoever, and shall depart without any hindrance or molestation. III. That all ships and other vessels, as well those belonging to the said King of Great Britain, or to any of His Majesty's sub- jects, as also those belonging to the Kingdom or people of Tripoli, shall freely pass the seas, and traffic where they please, v\ ithout any search, hindrance, qr qiolestation, from each other ; and that all persons or passengers, of what country soever, and all monies, goods, merchandizes and moveables, to whatsoever people or na- tion belonging, being on board of any the said ships or vessels, shall be wholly free, and shall not be stopped, taken, or plun- dered, por receive any harm or damage whatsoever from either party. IV. That the Tripoli ships of war, or any other vessels there- unto belonging, meeting with any merchant ships, or other vessels of the King of Great Britain's subjects, (not being in any of the seas appertaining to His Majesty's Dominions) may send on board one single boat, with two sitters, besides the ordinary crew of rowers ; and no more but the two sitters to enter any of the said merchant ships, or any other vessels, without the express leave of the Commander pf eyery such ship or vessel ; and then. BARBARY STATES. isg japon producing to them a pass under the hand and seal of the Lord High Admiral of England, the said boat shall presently de- part, and the merchant ship or ships, vessel or vessels, shall pro- ceed freely on her or their voyage. And although the CommaOf- der or Commanders of the said merchant ship or ships, vessel or vessels, produce no pass from the Lord High Admiral of ^gland, yet if the major part of the said ship's or vessel's company be sub- jects to the said King of Great Britain, the said boat shall presently depart, and the merchant ship or ships, vessel or vessels, ohall proceed freely on her or their voyage ; and if any of the said ships of vi^ar, or other vessels of His said Majesty, meeting v^ith any ship or ships, vessel or vessels, belonging to Tripoli, if the Com- mander or Commanders of any such ship or ships, .vessel or ves- sels, shall produce a Pass firmed by the chief Governors of TrL- poli, and a Certificate from the English Consul living there ; or if they have no such Pass or certificate, yet if the major part of their ship's company or companies be Turks, Moors, or Slaves belonging to Tripoli, then the said Tripoli ship or ships, vessel or vessels, shall proceed freely. V. That no Commander, or other person, of any ship or vessel of Tripoli, shall take out of any ship or vessel of His said Ma- jesty's subjects any persop or persons whatsoever, to carry them any where to be examined, or upon any other pretence, nor shall use any torture or violence unto any person of what nation or quality soever, being on board any ship or vessel of His Majesty's subjects, upon any pretence whatsoever. VI. That no shipwreck belonging to the said King of Great Britain, or to any of His Majesty's subjects upon any part of the coast belonging to Tripoli, shall be made or become prize, and that neither the goods thereof shall be seized, nor the men made slaves ; but that all the subjects of Tripoli shall do their best endeavours to save the said men and their goods. Vn. That no ship, or any other vessel of Tripoli, shall have permission to be delivered up, or to go to any other place in enmity with the said King of Great Britain, to be made use of as corsairs at sea against His said Majesty's subjects. VHL That if any ship or vessel of Tunis, Algier, Tetuan or 3aUy| or any other place being in war with the said King of 140 TRIPOLI. Great Britain, bring any ships, vessels, men or goods, belonging to His said Majesty's subjects, to Tripoli, or to any port or place in that Kingdom, the Governors there shall not permit them to be sold within the territories of Tripoli. IX. That if any subject of the said King of Great Britain hap- pens to die in Tripoli, or its territories, his goods or money shall not be seized by the Governors, or any Ministers of Tripoli, but shall all remain with the English Consul. X. That neither the English Consul, nor any other subject of the said King of Great Britain, shall be bound to pay the debts of any other of His Majesty's subjects, except that they become surety for thoisame by a public act. XI. That the subjects of His said Majesty in Tripoli, or its territories, in matter of controversy, shall be liable to no other jurisdiction but that of the Dey, or Divan, except they happen to be at difference between themselves, in which case they shall be liable to no other determination but that of the Consul only. XII. That in case any subject of His Majesty, being in any part of the Kingdom of Tripoli, happen to strike, kill, or wound a Turk or Moor ; if he be taken, he is to be punished in the same manner, and with no greater severity than a Turk ought to be, being guilty of the same ofience ; but if he escape, neither the said English Consul, nor any other of His said Majesty's sub- jects, shall be in any sort questioned or troubled therefore. XIII. That the English Consul now, or at any time hereafter, living in Tripoli, shall be there at all times with entire freedom and safety of his person and estate, and shall be permitted to chuse his own druggerman and broker, and freely to go on board any ship in the road, as often and when he pleases, and to have the liberty of the country ; and that he shall be allowed a place to pray in, and that no man shall do him any injury in word or deed. XIV^. That not only during the continuance of this peace and friendship, but likewise if any breach or war happen to be here- after between the said King of Great Britain and the City and Kingdom of Tripoli, the said Consul, and all other His Majesty's subjects inhabiting in the Kingdom of Tripoli, shall always, and at all times, both of peace and war, have full and absolute liberty BARBARY STATES. ui to depart and ffo to their 03»m country^ or any other, upon any. ship or vessel of what, nation soever they shall think fit, and to carry with them all their estates, goods, families, and servants, although bom in the country, without any interruption or hin- drance. XV. That no subject of His said Majesty, being a passenger from or to any port, shall be any way molested or meddled with, although he be on board any ship or vessel in enmity with Tripoli. XVL That if any of the ships of war of the said King of Great Britain docome to Tripoli, or to any other port or place of that Kingdom with any prize, they may freely sell itji^ or otherwise dispose of it at their own pleasure, without being molested by any; and that His Majesty's said ships of war shall not be obliged to pay customs in any sort ; and that if they shall want provisions, victuals, or any other things, they may freely buy them at the rates in the market. XVII. That when any of His Majesty's ships of war shall appear before Tripoli ; upon notice thereof given to the English Consul, or by the Commander of the said ships, to the Chief Go- vernors of Tripoli, public proclamation shall be immediately made to secure the Christian captives ; and if after that any Christians whatsoever make their escape on board any of the said ships of war, they shall not be required back again, nor shall the 9aid Consul, or Commander, or any other His Majesty's subjects, be obliged to pay any thing for the said Christians. . Xyill. That all merchant ships coming to the City and King- dom of Tripoli, (though not belonging to Great Britain) shall have free liberty to put themselves under the protection of the British Consul in selling and disposing of their goods and mer- chandize, if they shall think proper, without any hindrance or molestation. XIX. That at all times, when any ship of war of the King of Great Britain, &c. carrying His said Majesty's flag, appears be- fore the said City of Tripoli, and comes to anchor in the road, immediately after notice thereof given by His said Majesty's Consul, or officer from the ship, unto the Dey and Government of Tripoli, they shall, in honour of His Majesty, cause a salute I« TRIPOLI. cf twefitjr-seT^ii caimoii to b6 sliat off froih the caide and forts of the Cify ; and that the said ship iHMl t^tdtti an ansn^er by shooting off the same number of cannon. XX. That no merchant ship belonging to Great Britain, or any other nation, under the protection of the British Consul, be- ing m the port of Tripoli, shall be detained from proceeding to sea on her voyage longer than three days, under the pretence of arming out the ships of war of this Government, or any other Mrhatsoever. XXI. That no subject of the King of Great Britain, 8cc. shall be penmtted to turn Turk or Moor in the City and Kingdom of Tripoli, (being induced thereunto by any surprisal whatsoever) unless he voluntarily appear before the Dey or Governor, with the English Consul's druggerman, three times in twenty-four hours' space, and every time declare his resolution to turn Turk or Moor. XXII. That the Most Serene King of Great Britain's Consul, residing in Tripoli aforesaid, shall have liberty at all times, when he pleaseth, to put up His said Serene Majesty's flag on the flag- staff on the top of his house, and there to continue it spread as long time as he pleaseth ; likewise the said Consul to have the same liberty of putting up and spreading the said flag in his boat when he passeth on the water, and no man whatsoever to oppose, molest, disturb, or injure him therein, either by word or deed. XXIII. That whereas the Island of Minorca in the Mediter- ranean Sea, and the City of Gibraltar, in Spain, have been yielded up and annexed to the Crown of Great Britaii^, as well by the King of Spain, as by all the several Powers of Europe engaged in the late war : now it is hereby agreed and fully concluded, that from this time forward, for ever, the said Island of Minorca and City of Gibraltar shall be esteemed in every respect by the Go- vernment of Tripoli to be part of His Britannic Majesty's own Dominions, and the inhabitants thereof to be looked upon as His Majesty's natural subjects, in the same manner as if they had been bom in any other part of Great Britain ; and they with their ships and vesselis wearing British colours, shall be permitted freely to trade and traffic in any part of the Kingdom of Tripoli, and shall pass without any molestation whatsoever, either on the BARBARY STATES. I4S sea« or eisewher^^ ifl die same tiSaiiiiei'> tkid ^hh the some' free- diim sod {^vil^ges A» h&ve beett ittpolkted ia tbis And all former Ti^adei in behalf of the British nation and fimbjeets^ XXIV. And Mrherea3 in the Treaty of Peace concluded in the reign of King Charles II* in die yeat 1676, by Sir John Nar- brottgh^ Siit.^ an Article ^a^ interted^ by which the ships and vessels of Tripoli were not permitted to crtiiie before, or in sight of the port of Tangier^ then belonging to Great Britain ; now it is hereby concluded and rtttified> that in the same manner none of the ships or vessels belonging to Tripoli, shall cruiee or look for prites^ before or in sight of the ports of the Island of Minorca^ and the City of Oibraltiir, to disfoirb Or molest the trade diereof itt any manner whatsoever. XXV. That all and every the Article in this Treaty shall be inviolably kept and observed between His Most Sacred M^eiCy of Great Britain, and the Most Illustrions Lords and Govemortf of this City and Kingdom of Tripoli, imd all other matters not particularly expressed in this Treaty, and provided for in any former, shall still remain in full force, and shall be esteemed thd same as if inserted here. Dated in the presence of Almighty God, in the City of Tripoli, this igth day of July, I71fl, accord- ing to the Christian computation; and of the Turkish Hegira, the 10th of the Moon Siaban, 1 128. Signed J. Bakbr. TREATY beimen Great Bnimn and IVipoli. Signed at Tru poli, IQih Stptembtr, 1751.* TitEATY ov PiKACE AKD CoMME&cE between the Most Serene and Mighty Prince, George the Second, by the Grace of God, of Great Britain, France and Ireland, King, Defender of the Christian Faith, Duke of Brunswick and Lunenburg, Arch-Treasurer and Elector of the Holy Roman Empire^ 8cc. &c. &c. And the Most Excellent and Illustrious Lords Mohammet Bashaw Grimali, Dey, Governor, and Captain? • lUa«wed bj tte IWtj «f ir6f. 144 TRIPOLI. General^ Seedy Ali Bey, Seedy Hassan .Kiaja, the Divan^ and all the Officers, Soldiers, and People of the Noble City and Kingdom of Tripoli, in Barbery ; renewed, agreed oti, and confirmed, by the Honourable Augustus Keppel, Com- mander in Chief of His Britannic Majesty's ships and vessels in and about the Mediterranean Seas, and Robert White, Esq. His said Serene Majesty's Agent and ConsulTGeneral, to the Dey and State of Tripoli, furnished with His Ma- jesty's full Powers for that purpose. I. In the first place it is agreed and concluded, that from this time forward for ever, there shall be a true and inviolable Peace, between the Most Serene King of Great Britain, and the Most Illustrious Lords and Governors of the City and Kingdom of Tripoli, in Barbary ; and between all the Dominions and Subjects .of either aide ; and if the ships and subjects of either party, shall happen to meet upon the seas, or elsewhere, they shall not molest each other, but shall shew all possible respect and friendship. II. That all merchant ships belonging to the Dominions of Great Britain, and trading to the City, or any part of the King- dom of Tripoli, shall pay no more than three per cent, custom, for all kinds of goods they shall sell ; and for such as they sh^U not sell, they shall be permitted freely to embark it again on board their ships, without paying any sort of duty whatsoever, and shall depart withbut hindrance or molestation. III. That all ships and other vessels, as well those belonging to the said King of Great Britain, or to any of His Majesty's subjects, as those belonging to the Kingdom or People of Tri- poli, shall freely pass the seas, and traffic where they please, without any search, hindrance or molestation from each other : and that all persons or passengers, of what country soeyer, and all monies, goods, merchandizes, and moveables, to whatsoever people or nation belonging, being on board of any the said ships or vessels, shall be wholly free, and shall not be stopped, taken or plundered from either party. J IV. That the Tripoli ships of war, or any other vessels thereunto belonging, meeting with any merchant ships, or other vessels of the King of Great Britain's subjects (not being in any of the seas appertaining to any of His Majesty's Dominions) may send on BARBARY STATES. 145 boarfl cme single boat, with two sitters, besidiBB the ordintry creiir of rowers, and no more 1)ut the two sitters to enter any of the said merchant ships, or any other vessels, without the express kave of the Commander of every such ship or vessel ; and then, upon producing unto them a Pass under thie hand and seal of the Lord High Admiral of England, the said boat shall presently de- part, and the merchant ship or ships, vessel or vessels, shall pro- ceed freely on her or their voyage t and although the Commander or Commanders of the said merchant ship or shipc(, vessel or ves- seb, produce no Pass from the Lord High Admiral of En^and, yet if the major part of the ship's or viesseFs company be subjects to the said King of Great Britain, the said boat shall presendy depart, and the merchant ship or ships, vessel or vessels, shall proceed freely on her or their voyage : and any of the said ships of war, or other vessels of His said Majesty, meeting with any ship or ships> vessel or vessels> belonging to Tripoli, if the Com- mander of any such ship or ships, vessel or vessek, shall produce a Pass, signed by the Chief Governors of Tripoli, and a certificate from the Engliish Consul living there ; or if they have no such ' Pass or certificate, yet if the major part of their ship's company or companies be Turks, Moors, or Slaves belonging to Tripoli, then the said Tripoli ship or ships, vessel or vessels, shall proceed freely. V. That no Commander, or other person, of any ship or vessel of Tripoli, shall take out of any ship or vessel of His said Ma- jesty's subjects, any person or persons whatsoever, to carry them any where to be examined, or upon any other pretence, nor shall use any torture or violence unto any person of what nation or quality soever, being on board any ship or vessel of His Majes- ty's subjects, upon any pretence whatsoever, VJ. That no shipwreck belonging to the said King of Great Britain, or to any of His Majesty's subjects, upon any part of the coasts belonging to Tripoli, shall be made or become prize ; and that neither the goods thereof shall be seized, nor the men made slaves ; but that all the subjects of Tripoli shall do their best en- deavours to save the said men and their goods. VII. That no ship, or any other vessel of Tripoli, shall have perpiission to be dehvered up, or to go to any other place in VOL. I, L 146 TRIPOLI. •imiitj with the laid King of Great Britain^ to be made use of a$ ccvstira at sea agamst His said Majesty^s subjects. Vlil. That if any jihip or vessel of Tunis, Algier, Tetuan^ or Sally, or any other place, being in war with the said King of Great Britain, brmg any ships or vessels, men or goods, belong- ing tp Hia said Majesty's subjects, to Tripoli, or to any port or place m that Kingdom, th^ Governors there shall not permit tfaeni to bo sold vrithin the territories of Tripoli, like as is agreed at Algiers. . IX. That if any subject of the King of Great Britain happens to die in Tripoli, or its territories, his goods or money shall not l^e^eiiec} by the Governors, or any Ministers of Tripoli, but shall M remain with the English Consul. X. That neither the English Consul, nor any other subject of ^ said King of Great Britain, shall be bound to pay the debts of any other of His Majesty's subjects, unless they become vurety for the same by a puUic act. XI. That the subjects of His said Majesty in Tripoli, or its territories, in matter of controversy, shall be liable to no other jurisdiction but that of the Dey or Divan, except they happen to be at difference between themselves, in which case they shall be. liable to no other determination but that of the Consul only. XII. That in case any subject of His Majesty, being in any part of the Kingdom of Tripoli, happen to strike, kill, or wound a Turk or Moor, if he be taken, he is to be punished in the same manner, and with no greater severity than a Turk ought to be, being guilty of the same offence ; but if he escape, neither the said English Consul, nor any other of His said Majesty's subjects, shall be in any sort questioned or troubled upon that account, and no trial or sentence to be passed vvithout the Consul being present. XIII. That the E^iglish Consul now, or at any time hereafter, liring at Tripoli, shall be there at all times with entire freedom and safety of his person and estate, and shall be permitted to choose his own druggerman and broker, and freely to go on board any ship in the road, as often and when he pleases, and to have the liberty of the country ; and that he shall be allowed a place tq pray in ; and that no man shall do him any injury, eiAer BARBARY STATES. 147 in word or deed ; and that he shall have liberty at all times of hoistiiig His Majesty's flag at the top of his bousje^ and on his boa^ when he passes on the water. XIV. That not only during the continuanee of diis Peace and friendship, but likewise if any breach or war happen to be here- after> between the said King of Great Britain, and the City and Kmgdom of Tripoli, the said Consul, and all other His Maje8ty'3 subjects, inhabiting in the Kingdom of Tripoli, shall always, and at all times, both of peace and war, have full and absolute liberty to depart and go to their own country, or any odier, upon any ship or vessel, of what nation soever they shall think fit, and to etuvy with them all their estates, goods, families and servants, although bom in the country, without any interruption or faiii- ^hrance. XV. That no subject of His said Majes^, being a passenger from or to any port, shall be any way molested or meddled with, either in person or property, although on board any ship or ves*- sel in enmity with Tripoli ; and the same is to be regarded in favour of the subjects of Tripoli. XVI. That when any of His Majesty's ships of war shall ap- pear before Tripoli, upon notice thereof given by the English Consul, or by the Commander of the said ships, to the Chief Go- vernors of Tripoli, public proclamation shall be immediately made to secure the Christian captives ; and if after that, any Christians whatsoever make their escape on board any of the said ships of war, they shall not be required back again, nor shall the said Consul or Commander, or any other His Majesty's subjects, be obliged to pay any thing for the said Christians. XVII. That all merchant ships coming to the City or King- dom of Tripoli, though not belonging to Great Britain, shall have free liberty to put themselves under the protection of the British Consul, in selling and disposing of their goods and mer- chandize, if they shall Aink proper, without any hindrance or molestation. XVIII. That at all times when any ship of war of the King of Great Britain, &c. carrying His said Majesty's flag, appears be- fore the said City of Tripoli, and eemes to an anchor in the road, immediately after notice thereof given .by His said Majesty's Con- l2 148 TRIPOH suly or c^cer from the ship, unto the Dey and Government of Tripoli^ they shall, in honour to His Majesty, cause a salute of twenty-seven cannon to be fired from the castle and forts of the City, and that the said ship shall return an answer by firing the same number of cannon. . XIX. That no subject of the King of Great Britain shall be permitted to turn Turk or Moor in the City and Kingdom of Tri- poli, (being induced thereunto by any surprize whatsoever) unless he voluntarily appear before the Dey or Governor, with the Eiig- lish Consul's druggerman, three times in three days, and each day declare his resolution to turn Turk or Moor. XX. Whereas it is customary for the European Consuls to pay their respects to the Bashaw at the feasts of Ramadam and Birham, it is hereby declared, that His Britannic Majesty's Con- sul shall be admitted first to audience, and take the precedency of all other Consuls, in consideration of the English being the oldest friends to the State of Tripoli. XXI. That whereas the Island of Minorca in the Mediterra- nean Sea, and the City of Gibraltar, in Spain, do now belong to His Majesty the King of Great Britain ; it is therefore hereby agreed, that from this time forward, for ever, the said Island of Minorca, and City of Gibraltar, shall be esteemed, in every re- pect, by the Bashaw and Government of Tripoli, to be part of His Britannic Majesty's own Dominions, and the inhabitants thereof shall be looked upon as His Majesty's natural subjects, in the same manner as if they had been bom in any part of Great Britain ; and they, with their ships and vessels wearing British colours, and being furnished with Mediterranean Passes, shall be permitted freely to trade and traffic in any part of the Kingdom of Tripoli, or Dominions thereunto belonging, and shall pass without any molestsrtion whatsoever, either on the seas or else- where, in the same manner, and with the same freedom and pri- vileges, as have been stipulated in this and all former Treaties, in behalf of the British nation and subjects ; and that none of the ships or vessels belonging to Tripoli, shall cruize or look for prizes, before, or in sight of the ports of the Island of Minorca, ^nd the City of Gibraltar, to disturb or molest the trade thereof in any manner whatsoever. BARBARY STATES. 149 XXII. That if any of the ships of war of the said King of Great Britain coitie to Tripoli, or to any other port or place of that Kingdom, with any prize, they may freely sell it, or other- wise dbpose of it, at their own pleasure, without being molested by any ; and that His Majesty's said ships of war shall not be obliged to pay customs in any sort ; and that if they shall want provisions, victuals, or any other things, they may freely buy them at the rates in the market. XXIII. That whensoever it shall happen hereafter, that any thing is done or committed, by the ships or subjects of either side, contrary to any of these Articles, satisfaction being demanded therefore, the same shall be made to the fiiU, and without any manner of delay ; and it shall not be lawful to break this peace, until such satisfaction be denied ; and whosoever shall be the cause of breaking this peace, shall assuredly be punished with present death. ■ ' XXIV. That His Britannic Majesty's subjects (over and above the stipulations contained in this and all former Treaties) shall enjoy all the privileges and advantages, which now^ are, or which hereafter may be, granted to any of the subjects of the mostfavourednation. XXV. That in case any of His said Majesty's subjects shall import into the said Kingdom of Tripoli, or into any of the ports or Dominions thereunto belonging, any warlike stores, as can- nons, muskets, pistols, cannon powder, or fine powder, brim- stone, bullets, iron, planks, and all sorts of timber fit for building x>f ships, pitch, tar, rosin, ropes, cables, masts, blocks, anchors, sails, and all other habdiments of war, as well by sea as by land ; as also provisions, viz. wheat, barley, beans, oats, or the like, they shatt not pay any sort of duty or custom whatsoever. XXVI. That new Mediterranean Passes shall be issued out and given to His said Majesty's trading subjects, with all conve- nient speed ; and that the time for the continuance of the old Passes, for the ships in the Indies and remote parts, shall be three years ; and for all other ships and vessels, one year ; to commence from the delivery of the counter-tops of the new Passes at Algiers ; of which His Majesty's Consul here shall give the earliest notice to the Bashaw and Government; and it is hereby expressly agreed l3 lao TRIPOLI. •nd declared, that the said Aew I^isse8 shall, during the above- mentioned spaces of time of three years and one year, be of full and sufficient force add effect to protect all ships and vessels of His said Majesty's subjects, who shall be provided with the same. XXVII. That no merchant ship belonging to Great Britain, or any other nation under the protection of the British Consul, being in the port of Tripoli, shall be detained from proceeding to sea on her voyage, longer than eight days, under the pretence of arming out the ships of war of the Government, or any other ^whatsoever. XXVIII. That if at any time the garrisons of Gibraltar or Port Mahon should be in want of provisions, and should send for the same to Tripoli, or any part of the Pominions thereof, they shall, if it is to be had, be supplied wnth it at the market^rice. XXIX. That all packets, bearing His Britannic Majesty's Commission, which shall be met by any of the cruizers of Tripoli, ishall be treated with the same respect as His Majesty's ships of war, and all due respect shall be paid to His Majesty's Commis- sion ; and both at meeting and parting, they shall be treated as fiiends ; and if any of the Tripoli cruizers commit the least £auk or violence against them, the Captains or Raizes, so offending, shall, on their arrival at Tripoli, and proper complaint being made of them, be most severely punished, without admitting of their excuses. XXX. That all and every the Articles in this Treaty shall be inviolably kept add observed betWe^i His Most Sacred Majesty of Great Britain, and the Most Illustrious the Bashaw, Lords and Governors of the City and KingdomT of Tripoli, and between the Dominions and suli^ts of either side; and our faith shall be our faith, and our word our word. Dated in the presence of Almighty God, in the City of •Tripoli, this 19th day of Septem- ber, 1751, according to the Christian computation, and of the Turkish Hegira, li64> the 'igth day of the Moon Shawaa* Signed A.Keppel. Divan. RoBERt Whitie. Kiaja. Bey. Bashaw. BARBARY STATES. Ui TREATY between Great Britain and Tripoli, Signed at Tripoli, %idJuiy, 1762.* Abticles of Peace and Commerce between the Most Serene and Mighty Prince^ George the Third, by (the Grace of God, King of Great Britain, France and Ireland, Defender of the Christian Faith, Duke of Brunswick and Lunenburg, Arch- Treasurer and Prince Elector of the Holy Roman Empire, Sec. &c. 8cc. and the* Most Excellent and Illustrious Lord Ally Bashaw, Bey, Governor and General of the garrisoned City and Kingdom of Tripoli, in the West, renewed, confirm* ed, and ratified, by His Excellaicy Archibald Cle?land, Esq. His Britannic Majesty's Ambassador to the Emperor of Fez and Morocco, and furnished with His Majesty's full Powers for renewing the Treaties with all the other Barbary States. It is hereby agreed and conchided, that from this day and tot ever, the Peace made by the Honourable Augustus Keppel, Commander in Chief of His Britannic Majesty's ships and vessels in and about the Mediterranean, and Robert White, Esq. His said Serene Majesty's Agent, and Consul-General, to the Bey and State of Tripoli, with the late Most Excellent and II- lastrion^ Lords Mofaammet Bashaw Gramali, Bey, Governor and Captain-General, Seedy Ally Bey, Seedy Hassan Kiaja, the Divan, and all the Officers, Soldiers and People of the said City and Kingdom of Tripoli, concluded and signed on the Nineteenth of September, 1751, be hereby renewed, ratified, and confirmed. And that the ships and other vessels, and the Subjects and Peo- ple of both sides, shall not henceforward do to each other any harm, offence, or injury, either in word or deed, but shatt treat one another with all possible respect and friendship. Concluded and signed in the City and Kingdom of Tripoli, in the West, in the presence of Almighty God, the Twenty- secQud day of July, in the year of our Lord Jesus Christ, 1762, and in the year of the Hegira, 1 176, and the first day of the Moon Muharem el Haram. Signed Abch. Clevland, (L. S,) * Renewed by Article I. of the TraUy of 16H. 15^ TRIPOLI TREATY between Great Britainand Tripoli. Signed at TripoU, lOthMay, 1812. Matthew Smith, Esq. Captain of His Britannic Majesty's ship C!omu8, invested with full Powers, and His Highness Sidi Jusef Caramanli, Bashaw, Bey, Governor and Captain Ge- neral of the City and Kingdom of Tripoli, in the West ; Being mutually animated by the desire of putting an end to the recent and repeated complaints, which have taken place in conse- quence of the misinterpretation of some of the Articles of Peace established between the two Contracting Powers, to prevent the violation of the Neutral Rights of this City and Kingdom by the privateers of Belligerent Nations ; and being further desirous to give reciprocal proofs of the harmony and good faith which hap- pily subsist between His Britannic Majesty's Government, and that of His Excellency the Bashaw, have agreed and established as follows : — I. The present existing Treaties or Conventions of Peace, Friendship, and Commerce, shall have their full effect, and shall preserve in all and every point their full force and virtue, and shall be looked upon as renewed and confirmed by virtue of this present Treaty, except only such articles, clauses and conditions, from which it has been thought fit to derogate, explain, or revise by this present Treaty. n. That the privateers of Belligerent Powers, which, on ac- count of bad weather, want of provisions, or chased by an enemy, shall take refuge in Tripoli, or in any other of the ports, roads, or bays of that Kingdom, having received a supply of provisions, and the danger of the enemy ceased, shall be obliged to depart without unnecessary delay, or increasing the number of men, arms, or ammunition, with which they entered ; and, being out of port, the said privateers shall not lurk in the bays, creeks, and behind the points of promontories or Islands belonging to the Territory of His Highness the Bashaw, to tarry there, and give chsise to the ships of their enemies, which shall be entering or going out, nor shall they in any manner whatever disturb the free ingress or BARBARY STATES. 155 regress of the ships of any nation to the ports, bays, or roads of the Kingdom. III. The privateers of Belligerent Powers shall not be per-* raitted to sail for any port, bay, or roadstead belonging to the Kingdom, until twenty-four hours after the departure of any vessel belonging to another Power with which they may be at war, nor shall they even at any period be allowed to depart, while such vessel remains in sight of such port, bay, or roadstead, whe- ther detained by calms, foul winds, or other unavoidable cir- cumstances. IV. It is finally agreed and established that His Excellency Sidi Jusef Caramanli, Bashaw, being desirous to maintam inviola- bly the existing Treaties and the strict neutrality of his Kingdom, will not permit or tolerate in any part of the Dominions of the City and Kingdom of Tripoli, die sale of any prizes or prize goods whatever that may have appertained to Great Britain ; bat that such prizes shall be obliged to depart with the M'hole and entire cargoes with which they entered the port, subject to the same regulations as the privateers of the Belligerent Powers in conformity to the second Article of the present Treaty. In witness whereof, we have Caused our Seal to be affixed in the City of Tripoli, in the West, this 10th day of May, in the year of the Christian JEra, 1812, and of the Hegira, the 28th of the Moon Rabia Second, 1227. Signed Mat. Smith, (L. S.) The Seal of the Bey and five others. TREATY between Great Britain and Tripoli. Signed at Tri- poli, 29th April, 1816. In the Name of God Almighty. The Great Allied Powers of Europe having placed the United States of the Ionian Islands, viz. Corfu, Cephalonia, Zante, Maura, Ithaca, Ccrigo, and Paxo, with their dependencies in all W4 TWPOLK tbeir varioHS interests, under the iaunediate, and exclusive pro^ tection of His Majesty the King of the United Kingdom of Great Britaiu and Ireland^ His Heirs and Successors ; the follow- iog Articles between His Royal Highness the Prince Regent, acting in the name and on the behalf of His Majesty the King of the United Kingdom of Great Britain and Ireland, and His High^ ness Sidi Jusef Caramanli, Bashaw and Bey of the Regency of Tripoli, and its dependencies, in Barbary, are concluded by the Right Honourable Edward Baron Exmouth, Knight Grand Cross of the Most Honourable Military Order of the Bath, Admiral of the Blue Squadron of His Britannic Majesty's fleet, and Com- mandev in Chief of His said Majesty's ships and vessels em- ployed in the Mediterranean. I. The inhabitants of the Ionian Islands are hereby fully re- cognized and acknowledged by His Highness the Bey of Tripoli, as British subjects, and entitled as such, to all the rights and ' security which British subjects now enjoy : and it is hereby sti« pulated that their Flag and Commerce shall be henceforward respected as such, accordingly, in all their various interests. II. In the event of any misunderstanding between His High- ness, the Bey of Tfipoli, or his subjects, and the subjects of the Ionian Islands, the cause of such misunderstanding shall be referred to His Britannic Majesty, who charges Himself with procuring redress, upon any just complaint His Highness the Bey may have to make, s^ainst the said Ionian States aild sub- jects, as if they were, to all intents and purposes, British-bom subjects. III. His Highness the Bey of Tripoli, in recognizing the in- habitants of the said Ionian Islands, as British subjects, hereby engages to release immediately without ransom, and deliver to persons authorised to receive them, all captives now in the City .and Kingdom of Tripoli, being subjects of the Ionian Islands, under whatever circumstances they may have been taken, and any of the inhabitants of the said Islands that may hereafter be brought into the Kingdom of Tripoli, from the signing of the pre^nt Treaty, shall be immediately given up, with all their gQ<KH ^ad chattels to the British Cousol. IV. SeriQus con^pl^iiats having bei^n wade of the Barbaiy BAR3ARY STATES. 165 cnuaers entering on bofutd sbipB they speak al s^ (under British protection) with a greater number of men than is allowed by Treaty, ^nd destroying tbe ship's papers, to the great injury of the owners ; with a view of preventing the recurrence of such serious complaints. His Highness the Bey of Tripoli hereby engages to give the most positive orders, and adopt measures to prevent such practices in future, under the severest punishment of the offender : the oath of the master, and two other persons of tbe crew ^all be sufficient proof of the fact, and for the punc- tual perfoitnance of this Article, the Reis, or Captain of any cruuer so offaiding, shall be answerable for the conduct of his officers and crew ; but should any ship so boarded come into the pCMt, or Territory of Tripoli, the complaint shall be heard and determined by regular examinatioH before the Bey in the pre- sence of tlie Consul. V. His Highness the Bey of Tripoli, hereby further engages to recognize the Flag and subjects of the Kingdom of Hanover, oa the same footing as those of other countries belonging to the So- vereignty of His Britannic Majesty, and as such entitled to the rights and securities enjoyed by the flag and subjects of Great Britaia in all their various kiterests. Done in duplicate, at tbe Palace of Tripoli, in the presence of Almighty God, the Sgth day of April, in the year of Jesus Christ, 1816, and in the year of the^ Hegira, 1231, and the 30th day of the Moon Jumed Ouell. Signed Exmouth, (L. S.) Admiral and Commander in Chief of His Britannic Majesty's fleet in the Mediterranean. Signed Hanmeu Wahrington, (L. S.) B. C, G. Seal of the Bey. ■ ■ * DECLARATION of the Bey of Tripoli, 2m Jpril, 1816. Declaration of His Highness Sidi Jusef Caramanli, Bashaw and Bey of the Regency of Tripoli and its Dependencies, 156 TRIPOLt* in Barbarj^ made and concluded with the Right Honour* able Edward Baron Exmouth^ Knight Grand Cross of the Most Honourable Military Order of the Bath^ Admiral of the Blue Squadron of His Britannic Majesty's fleet, and Commander in Chief of His said Majesty's ships and vessels in the Mediterranean. In consideration of the deep interest manifested by His Royal Highness the Prince Regent of England, for the termination of Christian Slavery ; His Highness the Bey of Tripoli, in token of his sincere desire to maintain inviolable his friendly relations with Great Britain, and in manifestation of his amicable disposition and high respect towards the Powers of Europe, (with all of whom he is desirous to establish peace) declares' and agrees that in the event of a future war with any European Power (which God forbid) that not any of the prisoners shall be consigned to slavery, but treated with all humanity as prisoners of war, until regularly exchanged, according to European practice in like cases, and that at the termination of hostilities they shall be restored to their respective countries without ransom. Done in duplicate, at the Palace of Tripoli, in the presence of Almighty God, the 29th day of April, in the year of Jesus Christ, 1816, and in the year of the Hegira, 1231, and the 30th day of the Moon Jumed Ouell. Seal of the Bey. Signed Exmouth, (L. S.) Admiral and Commander in Chief of His Britannic Majesty's fleet in the Mediterranean. Signed Hanmer Warrington, (L. S.) B. C« G. BARBARY STATES. 157 TUNIS. TREATY between Great Britain and Tunis. Signed at Tunis, bth October, 1662.* Articles of Peace between the Most Serene and Mighty Prince, Charles the Second, by the Grace of God, King of Great Britain, France and Ireland, Defender of the Faith, Sec. and the Most Excellent Signors, Mahomet Bashaw, the Divan of the Noble City of Tunis, Hagge Mustapha Dey, Morat Bey, and the rest of the Soldiers in the Kingdom of Tunis ; concluded by Sir John Lawson, Knight, the 5th of October, 1662. I. That all former aggrievances and losses, and other pretences between both parties, shall be void and of no effect, and from henceforward a firm peace for ever, free trade and commerce, shall be and continue between the subjects of His Sacred Ma- jesty the King of Great Britain, &c. and the People of the Kingdom of Tunis, and the Dominions thereunto belonging. II. That the ships on either part shall have free liberty to enter into any port or river belonging to the Dominions of either party, (paying duties only for what they shall sell) transporting, the rest without any trouble or molestation, and freely enjoy any other privileges, accustomed: and the late exaction that hath been upon the lading and unlading of goods at Goletta and the Marine, shall be reduced to the ancient customs in those cases. III. That there shall be no seizure of any ships of either party at sea or in port, but that they shall quietly pass without any molestation or interruption, they displaying their colours. And for prevention of all inconveniences that may happen, the * Renewed by Article X. of the Treaty of 1751. 158 TONIS. ships of Tunis are to have a certificate under the hand of the English Consul there, that they belong to that place ; which be- ing produced, the English ship shall admit two men to come on board them peaceably, to satisfy themselves that they are Eng- lish; and although they have passengers of other nations on board, they shall be free, both them and their goods. IV. That if any English ship shall receive on board them any goods or passengers belonging to the Kingdom of Tunis, they shall be bound to defend them and their goods, so far as lieth in their power, and not deliver them unto the enemy. V. That if any of the ships of either party shall by accident of foul weather, or otherwise, be cast away upon the coast be- longing to either Part}', the persons shall be free, and the goods saved, and delivered to the proprietors thereof. VI. That the English that do at present, or shall at any time hereafter, inhabit in the City or Kingdom of Tunis, shall have free liberty when they please, to transport themselves with their femilies and children, although bom in the country. VII. That the People belonging to the Dominions of either Party, shall not be abused with ill-language, or otherwise ill- treated, but that the parties so offending shall be punished se- verely according to their desert. VIII. That the Consul, or any other of the English nation re- siding in Tunb, shall not be forced to make his addresses in any diffierence unto any Court of Justice, but unto the Dey himself, from whom only they shall receive judgment. IX. That the Consul, or any other of the English nation, shall not be liable to pay the debts of any particular person of the nation, unless obliged thereunto under liis hand. X. That all the ships of war belonging unto the Dominions of either Party, shall have free liberty to use each other's ports for washing, cleansing and repairing any their defects, and to buy and to ship off any sort of victuals, alive or dead, or any other neces- saries, ^t the price the natives buy it in the market, without pay- bg custom to any officer. XI. That m case any ships of war belonging to the Dominions of Tunis, shall take, in any of the enemy's ships, any English- man servmg for wages, they are to be made slaves; but if BARBARY STATES. 150 ttdntits or passengers, they are to enjoy their liberty and goods 90 and entire. XII. That if any ship of war belonging to the Kingdom of miis, fighting under his own colours, with any English ship not »iing English colours, and shall surprise her under the same, e said English ship, shall be prize, notwithstanding the peace* XIII. That in case any slave in the Kingdom of Tunis, of y nation whatsoever, shall make his escape and get on board y ship belonging to the Dominions of His Sacred Majesty die ing of Great Britain, &c. the Consul shall not be liable to pay I ransom, unless timely notice be given him, to order that none ch be entertained ; and then if it appear that any slave hath got away, the said Consul is to pay to his patron the price for lich he was sold* in the market; and if no price be cut, then pay three hundred dollars and no more. These Articles aforementioned are to remain firm for ever, thout any alteration ; and in all other particulars not mentioned these Articles, the regulation shall be according to the Capitu* ions general with the Grand Signior. Signed and Sealed in the jH'esence of the Great God. Signed * John Lawson. mis, 5th October, l662. [lEATY between Great Britain and Tunis. Signed at Tunis, SOth August, 1716.* T I ■ » III EiTicLES OF Peace between His Most Sacred Majesty George, by the Grace of God, King of Great Britain, France and Ireland, Defender of the Faith, 8cc. and the Most Excellent Lords, Ally Bashaw, Ussain Ben Ally Bey, Cara Mustapba Dey, Aga of the Divan of the Most Noble City of Tunis, and the whole body of the Militia of the said Kingdom ; renewed and concluded by John Baker, Esq. Vice* Admiral of the Blue Squadron of His Britannic Majesty's fleet, and Admiral and Commander in Chief of * Renewed by Article X. ef the Treaty of 1751. 160 TUNIS. His Majeaty^s ships^ employed and to be employed in the Mediterranean Sea, being properly empowered for that pur- pose. I. That all former grievances and losses, and other pretensions between both parties shall be void and of no effect ; and from henceforward, a firm Peace for ever, free trade and conmierce, shall be and continue, between the subjects of His Most Sacred Migesty, George, King of Great Britain, &c. and the People of die Kingdom of Tunis, and the Dominions thereunto belonging;. but that this Article shall not cancel or make void any just debt, either in conmMrce or otherwise, that may be due from any per* son or persons to others of either party ; but that the same shall be liable to be demanded and recoverable as before. II. That the ships of either party shall have free liberty to enter into any port or river, belonging to the Dominions of either party, paying the duties only for what they shall sell, transporting the rest without any trouble or molestation, and freely enjoy any other privileges accustomed ; and the late exaction that hath been upon the lading and unlading of goods at Goletta and the Marine, shall be reduced to the ancient customs in those cases. III. That there shall be no seizure of any ships of either party at sea or in Port, but that they shall quietly pass without any mo- lestation or interruption, they displaying their colours ; and for prevention of all inconveniences that may happen, the ships of Tunis are to have a certificate under hand and seal of the British Consul, that they belong to Tunis ; which being produced, the English ship shall admit two men to come on board them peace- ably to satisfy themselves they are English ; and although they have passengers of other nations on board, they shall be free, both them and their goods. IV. That if an English ship shall receive on board any goods or passengers, belonging to the Kingdom of Tunis, they shall be bound to defend both tliem and their goods, so far as lieth in their power, and not deliver them unto the enemies ; and the better to prevent any unjust demands being made upon the Crown of Great Britain, and to avoid disputes and differences which may arise, all goods and merchandize that shall from hence forward be shipped by the subjects of this Government, either ih this BARBARY STATES. 16 1 ♦ Port or any other whatsoever, on board the ships or vessels be- longing to Great Britain, shall be first entered in the office of Cancellaria, before the British Consul residing at the respective Port, expressing the quantity^ quality^ and value of the goods so shipped ; which the said Consul is to manifest in the clearance g^ven to the said ship or vessel before she departs, to the end that if any cause of complaint should happen hereafter, there may be no greater claim made mi the British nation than by this method ahall be proved to be just and equitable. V. Tliat if any of the ships of either Party shall by accident of foul weather, or otherwise, be cast away upon any coast belong- ing to either party, the persons shall be free, and the goods saved and delivered to the proprietors thereof. VI. That the English which do at present, or shall at any time hereafter, inhabit in the City or Kingdom of Tunis, shall have free liberty, when they please, to transport themselves, with their familks and children, although bom in the country. " VII. That the people belonging to the Dominions of either Party, shall m)t be abused vnth ill-language or otherwise ilK treated, but that the parties so offending, shall be punished se- verely, according to their deserts. VIII. That the Consul, or any other of the English nation re- siding in Tunis, shall not be forced to make their addresses, in any difference, unto any Court of Justice, but to the Bey him- self, from whom cmly they shall receive judgment, in case die difference should happen between a subject of Great Britain, and another of this Government, or any other foreign nation ; but iC it should be between two of His Britannic Majesty's subjects, then it is to be decided by the British Consul only. IX. That the Consul, or any other of the English nation shall not be liable to pay the debts of any particular person of the na- tion, unless obliged thereunto under his hand. X. That as the Island of Minorca, in the Mediterranean Sea, and the City of Gibraltar, in Spain, have been yielded and an-p nexed to the Crown of Great Britain, as well by the King of Spain, as by all the several Powers of Europe engaged in the late war ; now it is hereby agreed and fully concluded, that from this time forward for ever, the said Island of Minorca and City of VOL. !• M 162 TUNIS. Gibraltar, shall be esteemed in every respect by the Government of Tunis, to be part of His Britannic Miyesty's own Dominions, and the inhabitants thereof to be looked upon as His Majesty's natural subjects, in the same manner as if they had been bom in any other part of Great Britain ; and they with their ships and ves- sels wearing the British colours, shall be permitted freely to trade and traffic in any part of the Kingdom of Tunis, and shall pass without any molestation whatsoever, either on the seas or else- where, in the same manner and with the same freedom and pri- vileges that have been stipulated in this and all former Treaties, in behalf of the British nation and subjects. XI. And the better and more firmly to maintain the good cor- respondence and friendship, that hath been so long and happily established, between the Crown of Great Britain and the Go- vernment of Tupis, it is hereby agreed and concluded by the Par- ties beforementioned, that none of the ships and vessels belpnging to Tunis, or the Dominions thereof, shall be permitted to cruize, or look for prizes of any Nation whatsoever, before or in sight of the aforesaid City of Gibraltar, or any of the Ports of the Island of Minorca, to hinder or molest any vessels bringing provisions and refreshments for His Britaqnic Majesty's troops and garri- sons in those places, or to give any disturbance to the trade or com- merce thereof; and if any prize shall be taken by the ships or vessels of Tunis, within the space of ten miles of the aforesaid places, she shall be restored without any contradiction. XII. That all the ships of war belonging to the Dominions of either Party, shall have free liberty to use each other's Ports, for washing, cleaning, or repairing any their defects ; and to buy and to ship off any sort of victuals, alive or dead, or any other necessa- ries, at the price the natives buy at in the market, without paying custom to any officer: and whereas His Britannic Majesty's ships of war do frequeqtly assemble and harbour in the Port of Mahon, in the Island of Minorca, if at any time they or His Ma- jesty's troops in garrison there should be in want of provisions) and should send from thence to purchase supplies in any part of the Dominions belonging fo Tunis, they shall be permitted to buy cattle, alive or dead, and aU other kind of provision at the prices it is sold in the market; and shall be suffered to carry it BARBARY STATES. ' 163 off, without paying duty to any officer^ iti the same manner as if His Majesty's ships were themselves iii the Port. XIII. That in case any ships of war belonging to the Kingdom of Tunis shall take in any of their enemies' ships, any Englishmen serving for wages, they lire to be made slaves ; but if merchants or passengers, they are to enjoy their liberty and goods free. XIV. That in case any slave in the Kingdom of Tunis, of any nation whatsoever, shall make his escape, and get on board any sUp belonging to the Dominions of His Sacred Majesty the King of Great Britain, &c. the Consul shall not be liable to pay the ransom, unless timely notice be given him to order that pone such be entertained ; and then if it appears that any slave ha^ so got away, the said Consul is to pay to his patron the price for which he was sold in the market, and if no price be set, then to pay 300 dollars, and no more. XV. And the better to prevent any dispute that may hereafter arise, between the two parties, about salutes and public ceremo*- nies ; it is hereby agreed and concluded, that whenever any flag*officer of Great Britain shall arrive in the Bay of. Tunis in any of His Majesty's ships of war, immediately upon notice given diereof, there shall be five-aud-twenty cannon shot off from the castles of Goletta, or other the nearest fortification belonging to Tunis, according to custom, as a ro^al salute to His Britannic Majesty's colours, and the same number shall be returned in answer thereto, by His Majesty's ships ; and it is hereby stipu- lated and agreed, that all ceremonies of honour shall be allowed to the British Consul who resides here, to represent in every respect His Majesty's person, equal to any other nation whatsoever, and no other Consul in the Kingdom to be admitted before him in precedency. XVI. That the subjects of His Sacred Majesty of Great Britaiui Slc. either residing in or trading to the Dominions of Tunb, shall not for the time to come pay any more than 3 per cent* custom, on the value of the goods or merchandize which they shall either bring into or carry out of this said Kingdom of Tunis. XVII. It is moreover agreed, concluded, and established, that at whatsoever time it shall please the Government of Tunis to re- duce the customs of the French Nation to less than they pay at M 2 164 TUNIS. present, it shall always be observed that the British customs shall be 2 per cent. less than any agreement that shall for the future be made with the said French, or that shall be paid by the subjects of France. XVIII. It is moreover agreed, concluded, and established, that in case any British ship or ships, or any of the subjects of His Majesty of Great Britain, shall import at the Port of Tunis, or any other Port of this Kingdom, any warlike stores, as cannons, muskets, pistols, cannon-powder, or fine powder, bullets, masts, anchors, cables, pitch, tar, or the like ; as also provisions, viz. wheat, barley, beans, oats, oil, or the like ; for the said kinds of merchandize, they shall not pay any sort of duty or custom what- ever. We, the parties heforementioned, having seen and perused (he preceding Articles, do hereby approve, ratify, and confirm the aeveral particulars dierein mentioned, and they are to remain firm for ever vnthout any alteration. In testimony of which we d6 hereunto set our hands and seals in the presence of Almighty God, in the noble City of Tunis, the 30th day of August, old stile, and the year of our Lord Jesus Christ^ 17 1 6, being the 26th daj of the Moon Ramadan, and the yeair of the Hegira, 1 128. Signed J. Baker, (L.S.) (L.S.) (L.S.) (L.S.) TREATY between Great Britain and Tunis. Signed at Bardo^ mh October, 1751.* Treaty of Peace and Commerce between the Most Serene and Mighty Prince, George the Second, by the Grace of God, of Great Britain, France and Ireland, King, Defender of the Christian Faith, Duke of Brunswick and Lunenbei^, Arch-Treasurer and Elector of the Holy Roman Empire, &c. &«. &c. and the Most Excellent and Illustrious Lord Ali Pasha, Begler Bey and Supreme Commander of the State of Tunis, renewed, agreed on, and confirmed, by the • Reiiewed bj Article I. of the Treaty of 1762. BARBARY STATES. 165 Honourable Augustus Keppel^ Commander in Chfef of Hit Britannic Majesty's ships and vessels in and about the Me- diterranean Seas, and Charles Gordon, Esq. His said Se^ rene Majesty's Agent and Consul-General to the State of Tunis, furnished with His Majesty's fuU Powers for thai purpose. I. That all former grievances and losses, and other pretences between both Parties, shall be void and of no effect; and £rom henceforward there shall be aiirm Peace for ever, and free trade and commerce, between His Britannic Majesty's subjects, and the people of the Kingdom of Tunis, and Dominions thereunto belonging : but this Article shall not cancel or make void any just, debt, either in commerce or otherwise, between the subjects on both sides, but the same may be demanded and recovered as before. II. Tliat the ships of either party shall have free liberty to enter into any Port or river belonging to the Dominions of the other, where they shall pay duties only for what diey sell, and, for the rest, may freely export it again without molestation; and shall enjoy all other accustomed privileges : and the late exaction that hath been at the Goletta and the Marine, shall be reduced to the ancient customs in those cases. 1II« That there shall not be any seizure made of any of die ships of either Party, either at sea or in port, but they shall pass without any interruption, they displaying their colours ; and to prevent any misunderstandings, the ships of Tunis shall be fur^ nished with certificates, under the hand and seal of the British Consul, of their belonging to Tunis, which they are to produce on meeting with any English ship, on board of whom they shall have liberty of sending two men only, peaceably to satisfy them- selves of their being English, who, as well as any passengers of other nations they may have on board, shall go free, both them and their goods. IV. That if an English ship receive on board any goods or passengers belonging to the Kingdom of Tunis, they shall be t>ouiid to defend them and their goods, so far as lieth in their power, and not deliver them unto their enemies ; and the better t9 prevent any unjust demands being made upon the Crown of M 3 166 TUNIS. Great Britam, and to avoid disputes and differeilces that might arise, all goods and merchandize that shall from henceforward be shipped by the subjects of Tunis, either in this Port, or in any other whatsoever, on board the ships or vessels belonging to Great Britain, shall be first entered in the office of Cancellaria, before the British Consul residing at the respective port, express- ing the quantity, quality, and value of the goods so shipped, which the said Consul is to manifest in the clearance given to the said slup or vessel before she departs ; to the end that if any cause of complaint should happen hereafter, there may be no greater claim made on the British nation, than by this mediod shall be proved to be just and equitable. y. That if any of the ships of either Party shall by accident of foul weather, or otherwise^ be cast away upon any of the coasts belonging to the other, the persons shall be free, and the goods saved and delivered to the proprietors thereof. VT. That the English which do at present, or shall at any time hereafter, inhabit in the City or Kingdom of Tunis, shall have free liberty, when they please, to transport themselves, with their fa- milies and children, although bom in die country. VII. That the people belonging to the Dominions of either Party, shall not be abused with ill-language, or otherwise ill-treated, but the parties so offending shall be punished severely according to their deserts. VIII. That the Consul or any odier of the English nation re- siding in Tunis, shall not be obliged to make their addresses, in any difference, unto any Court of Justice, but to the Bashaw himself, from whom only they shall receive judgment, in case the difference should happen between a subject of Great Britain and another of this Government, or any other Foreign nation ; but if it should be between two of His Britannic Majesty's subjects, then it is to be decided by the British Consul only. IX'. That neither the English Consul, nor any other of His Ma- jesty's subjects, shall be liable to pay the debts of any other of the nation, unless particularly bound thereto under his own hand. X. That whereas the Island of Minorca in the Mediterranean Sea, and the City of Gibraltar, in Spain, do now belong to His Majesty the King of Great Britain ; it is hereby agreed and fully BARBARY STATES. 167 eodduded, that from this time forward, for ever, the said Island of Minorca, shall be esteemed (as likewise Gibraltar) by the Govern- ment of Tunis, to be, in every respect, part of His Britannic Ma- jesty's Dominions, and the inhabitants thereof shall be looked upon as His Majesty's natural-bom subjects, in the same manner as if they had been bom in any other part of Great Britain ; and they, with their ships and vessels wearing British colours, shall be permitted freely to trade and tra£Bc in any part of the Kingdom of Tunis, and shall pass, without any molestation whatsoever, either on the seas or elsewhere, in the same manner, and with the same freedom and privileges, that have been stipulated in this and all former Treaties, in behalf of the British nation and subjects. : XI. That the better and more firmly to maintain the good cor- respondence and friendship that have been so long and happily established between the Crown of Great Britain, and the Govem- ment of Tunis, it is hereby agreed and concluded by the Parties beforementioned, that none of the ships and vessels belonging to Tunis, or the Dominions thereof, shall be permitted to cruize or look for prizes, of any nature whatsoever, before, or in sight of the aforesaid City of Gibraltar,' or any of the Ports in the Island of Minorca, to hinder or molest any vessels bringing provisions and refreshments for His Britannic Majesty's troops and garrisons in those places, or to give any disturbance to the trade and com- merce thereof: and if any prize shall be taken by the ships or vessels of Tunis, within the space of ten miles of the aforesaid places, she shall be restored without any contradiction. XIL That all ships of war belonging to the Dominions of either Party, shall have free liberty to use each other's ports, for washing, cleaning, and repairing any their defects, and to buy and ship off any sort of victuals, alive or dead, or any other neces-» saries, at the price the natives buy at in the market, without pay- ing custom to any officer. And whereas His Britannic Majes- ty's ships of war do frequently assemble and harbour in the port of Mahon, in the Island of Minorca ; if, at any time, they, or His Majesty's troops in garrison there, should be in want of provi- sions, and should send from thence to purchase supplies in any part of the Dominions belonging to Tunis, they shall be permitted to buy cattle, alive or dead, and all other kinds of provision, at M 4 168 TUNIS. the prices they are sold m the market, and shall be suffered to carry it off without paying duty to any officer, in the same man-r ner, as if His Majesty's ships were themselves in the port. XIII. That in case any ships of war belonging to the Domi- nions of Tunis, shall take, in any of their enemy's ships, any Englishmen serving for wages, they are to be made slaves ; but if merchants or passengers, they are to enjoy their liberty and goods free. XIV. That if any slave of Tunis should make his escape from thence, and get onf board an Engli^ man-of-war, the .said slave shall be free, and neither the English Consul, nor any of his na- tion, shall in any manner be questioned about the same. XV. That the better to prevent any disputes that may hereafter arise between the two Parties about salutes and public ceremo- nies, it is hereby agreed and concluded, that whenever any flag- officer of Great Britain, shall arrive in the Bay of Tunis, in any of His Majesty's ships of war, there shall be shot off from the castles of the Goletta, or other the nearest fortifications belonging to Tunis, a number of guns according to custom, as a royal sa- lute to His British Majesty's colours, and the same number shall be returned in answer thereto by His Majesty's ships; and it is hereby stipulated and agreed, that all ceremonies of honour shall be allowed to the British Consul who resides here, to represent equal in every respect His Majesty's person, to any other nation whatsoever, and no other Consul in the Kingdom to be admitted before him in precedency. XVI. That the subjects of His Most Sacred Majesty of Great Britain, 8cc. either residing in, or trading to the Dominions of Tunis, shall not, for the time to come, pay any more than 3 per cent. 'Custom, on the value of the goods or merchandize which they shall either bring into or carry out of the Kingdom of Tunis. XVII. It is moreover agreed, concluded and established, that at whatsoever time it shall please the Government of Tunis, to re- duce the customs of the French nation to less than they pay at present, it shall always be observed, that the British customs shdl be 2 per cent, less than any agreement that shall for the fu- ture be made with the said French, or that shall be paid by the subjects of France. r j BARBARY STATES. 169 XVIIL It is moreover agreed, concluded, and ettaUidied^ Aat in case any British ship or. ships, or anj of the subjects of His Majesty of Great Britain, shall import at the port of Tunis, or any port of this Kingdom, any warlike stores, as canncms, mus^ kets, pistols, cannon powder, or fine powder, bullets, masts, an^ chors, cables, pitch, tar, or the like ; as also provisions, viz. whea^ barley, beans, oats, oil, or the like, for the said kmds of merchan- dize they shall not pay any sort of duty or custom whatever. XIX. That in case a war should happen between His Bri« tannic Majesty and any odier State or nation whatever, the ships of Tunis shall not in any sort afibrd assistance to the enemies of His Majesty or His subjects. XX. That if an Englishman kills a Turk, he shall be judged before the Caddi of the place, according to justice : if he is found guilty of the crime, he shall be punished with death ; but if he escape, the Consul shall not be tnolested, or called upon for that account ; and the Consul shall always have timely notice, that he may have an opportunity of being present at the trial. XXI. That if at any tim#a war or rupture happen between the two Contracting Powers, the English Consul and his nation may freely depart with all their goods and effects ; and this Article b to be reciprocal for the subjects of Tunis. XXII. That whereas Gibraltar and the Island of Minorca do belong to His Britannic Majesty, if at any time any of the cruizers of Tunis should meet with any vessels of the said places, under English colours, furnished with proper passports, they shall be treated in all respects like other English ships, provided that there be no more than one-third part of die ship's company who are not subjects of His said Majesty ; for, in such case, they (the * said strangers) shall be deemed as prisoners : but it is allowed to embark as many merchants or passengers as they see good, be they of what nation soever : and if at any time a Tunis man- of-war shall take a ship from their enemies, on board of which may happen to be any English subjects, they shall be immediately released, with all their goods and merchandize, provided always that they be provided with proper passports ; and this Ar- ticle is to be observed reciprocally on the part of the Eng- lish. 170 TUNIS. XXIII. That if any British ships or vessels meet with anj of the ships or vessels belonging to the State of Tunis^ and there should be any injury or offence given by either side, justice being property demanded^ shall be immediately done^ and the aggressor shall be severely punished^ without it occasioning any breach or war. XXIV. That His Britannic Majesty's subjects shall be always treated, by the State of Tunis, with the highest degree of respect, love and honour, because the English, of all other Powers, are their first and best friends. XXV. That new Mediterranean Passes shall be issued out and given to His said Majesty's trading subjects, with all conve* venient speed ; and that the time for the continuance of the old Passes, for the ships in the Indies and remote parts, shall be three years ; and for all other ships and vessels, one year ; to commence from the delivery of the counter-tops of the new Passes at Algiers ; of which His Majesty's Consul here, shall give the earliest notice to this State ; and it is hereby expressly agreed and declared, that the sail new Passes shall, during the abovementioned spares of time of three years and one year, be of fiill and sufficient force and effect to protect all ships and vessels of His said Majesty's subjects, who shall be provided with the same. XXVI. That all packets bearing His Britannic Majesty's Commission, which shall be met by any of the cruizers of Tunis, shall be treated with the same respect as His Majesty's ships of war; and all due respect shall be paid to His Majesty's Com- mission, and both at meeting and parting they shall be treated as friends ; and if any of the cruizers of Tunis, commit the least fault or violence against them, the Captains or Raizes so offend- ing, shall, on their arrival at Tunis, and proper complaint being made of them, be most severely punished, without admitting of their excuses. All the preceding Articles of this Treaty, having been ap- proved of and agreed to, are hereby ratified, renewed, and confirmed, between His Most Sacred Majesty the King of Great Britain, &c. and the Most Illustrious Lord Ali Pasha, Bagler Bey and Supreme Commander of the State of Tunis, BARBARY STATES, 171 which let no one presume to infringe or violate. Dated in the presence of Almighty God, at the Palace of Bardo, near Tunis, this 19th day of October, 1751, according to the Christian computation; and of the Turkish Hegira, 1164, the 10th day of the Moon Zil Hadgi Sherissay« Signed A. Keppel, (L.S.) Cha. Gokdon, (L.S.) TREATY between Great Britain and Tunis. Signed at Bardo, 9.2dJmie, 176«. Articles of Peace and Commerce between the Most Se- rene and Mighty Prince, George the Third, by the Grace of God, King of Great Britain, France and Ireland, Defender of the Christian Faith, Duke of Brunswick and Lunenburg, Arch-Treasurer and Prince Elector of the Holy Roman Em- pire, &c. &c. &c. and the Most Excellent and Illustrious Lord Ally, Bashaw, Bey and Supreme Commander of the State of Tunis ; renewed, concluded, ratified, and confirmed, by His Excellency Archibald Clevland, Esq. His Britannic Majesty's Ambassador to the Emperor of Fez and Morocco ; and fur- nished with His Majesty's full Powers for renewing the Treaties with all the other Barbary States. 1. In the first place, it is agreed and concluded, that, from, this day and for ever, the Peace made by the Honourable Augustus Keppel, Commander in Chief of His Britannic Majesty's ships and vessels in and about the Mediterranean, and Charles Gordon, Esq. His said Serene Majesty's Agent and Consut-General to the State of Tunis, with the late Most Excellent and Illustrious Lord, Ali Pasha, Begler Bey and Supreme Commander of the said State, concluded and signed in the Palace of Bardo, near Tunis, on the IQth day of October, 1751, be hereby renewed, ra- tified, and confirmed : and that the ships and other vessels, and the subjects and people of both sides, shall not henceforward do to each other any harm, offence, or injury, either in word or 172 TUNIS. deed ; but shall treat one another with all possible respect and firiendship. II. Hiat His Britannic Majesty's Consul living in Tunis^ shall for ever hereafter, be allowed the liberty of chusing his own broker and dniggermani who shall be a real Turk, and to exchange them when, and as often, as he shall think fit. III. That if any ships or vessels of Christian nations in enmity with the King of Great Britain, 8cc. shall at any time hereafter be met with, or found upon the ^oast of the Kingdom of Tunis, either at anchor or otherwise, and not within the reach of canhon- shot of the shore, that it shall and may be lawful for any of His Britannic Majesty's ships or vessels of war, or any English pri- vateers, or letters-of-marque, to take and seize as prizes any such ships or vessels so met with, or found as aforesaid ; and shall also be suffered to bring the said prizes into any port, road, or harbour, of the Kingdom of Tunis ; and to dispose of the whole or any part thereof, or otherwise to depart with such captures, without the least hindrance or molestation whatsoever. IV. And lastly, it is agreed, that if at any time hereafter. His Britannic Majesty shall be at war with any Mahometan Prince or State, and any ships or vessels belonging to subjects of such Prince or State, shall be met with by any of His Britannic Ma- jesty's ships, or vessels of war, or by any ships or vessels of His Majesty's subjects, within sight of any part of the coast of the Kingdom of Tunis, that they shall be suffered to pass free and unmolested. Confirmed and sealed in the Palace of Bardo, near Tunis, in the presence of Almighty God^ the 22d day of June, in the year of our Lord Jesus Christ, 1762, and in the year of the Hegira, 1 173, and the last day of the Moon Ziicade. Signed Arch.Clevland, (L.S.) BARBARY STATES. 173 TREATY beiween Great Britain and Tunis. Signed at Bardo, 2d May^ 1812. In the name of the All-Powerful God. His Most Serene Highness Hamuda> Bashaw Bey, Prince o( the Princes of Tunis> the well guarded City and the abode of happiness ; and Thomas Francis Freemantle, Esq. Rear-Admiral of the Blue, in the service of His Britannic Majesty, furnished with full Powers : Being mutually animated with the desire of putting an end to the recent reiterated complaints, made in consequence of various violations committed by private ships of ^ war, against the rights of the Neutrality of this Regency, and being also desirous of giving reciprocal proofs of the harmony and good Faith which happily subsist between the Government of His Britannic Ma- jesty and that of His Highness the Bashaw Bey, have agreed on and established that which follows ; I. The private ships of war of the belligerent Powers, by rea- son of bad weather or want of provisions, or in consequence of being chased by an enemy, shall be permitted to take refuge in Tunis, or in any other port of the Kingdom whatsoever. — Being provided with the. necessary provisions, the affairs and accounts, which they may in cons^uence have, being settled, and the dan- ger apprehended from the enemy having ceased,, they shall be obliged to depart without the least delay. Neither shall they be able, under whatsoever pretext it may be, to augment the number of their crews, arms, and other ammunition with which they shall have entered, nor in any way be permitted to disturb the free and secure access of ships, of any nation whatever, to the ports, bays, and coasts of the Regency. II. The private ships of war of the belligerent Powers shall not make sail from atiy port, place> or part of the coast belong- ing to the Regency, until twenty-four hours after the departure of all vessels belonging to Powers. with which they may be in war. Nor shall they depart, even after that period of time, if any ship should be in sight of a port, bay, or shore of this Regency, de- tained by calms, contrary wind, or any other inevitable circum- stance. . ' 174 TUNIS. III. And lattlj, it is agreed and e^ablished, in virtue of the present Treaty, that His Most Serene Highness Hamuda, Bashaw Bey, being desirous to maintain inviolably the neutrality of His Kingdom, shall not permit, nor tolerate, in any part of the Domi- nions of the Regency of Tunis, the sale of any prize, or merchan- dize of any prize, whatsoever, which shall have belonged, or may belong to the French or to the English. Done in duplicate, and signed by both parties, at the Palace of Bardo, the 20th day of the Moon, Rebia Jeni, of the year of the Hegira, 1227^ and the 2d day of the month of May, 1812, of the Christian iEra. Signed Thomas Francis Freemantle. Signed Val. RobinsoK, Yice-ConsuL i«*i TREATY between Great Britain and Tunis. Signed at Bardo, nth April, 1816. In the Name of God Almighty. Hie Great Allied Powers of Europe having placed the United States of the Ionian Islands, viz. — Corin, Cephalonia, Zante, Maura, Ithaca, Cerigo, arid Paxo, with their Dependencies, in all their various interests, under the immediate and exclusive pro^ tection of His Majesty the King of the United Kingdom of Great Britain and Ireland, His Heirs and Successors ; the following Articles, between His Royal Highness the Prince Regent, acting in the name and on the behalf of His Majesty the King of the United Kingdom of Great Britain and Ireland, and His Most Serene Highness Mahmoiid Bashaw, Chief Bey of Tunis, the well guarded City and the abode of happiness, are concluded by the Right Honourable Edward Baron Exmouth, Knight Grand Cross of the Most Honourable Military Order of the Bath, Ad- nural of the Blue Squadron of His Britannic Majesty's fleet, and Commander in Chief of His said Majesty's ships and vessels employed in the Mediterranean. BARBARY STATES. 175 I. The inhabitants of the Ionian Islands are hereby fully re- c<^ized and acknowledged by His H%hness' the Bey of Tunis, as British subjects, and entitled as such to all the rights and se- curity which British subjects now enjoy ; and it is hereby stipu- lited that their flag and commerce shall be henceforward respected as such, accordingly, in all their various interests. II. In the event of any misunderstanding between His High- ness the Bey of Tunis or His subjects, and the subjects of the Ionian Islands, the cause of such misunderstanding shall be re- ferred to His Britannic Majesty, who charges Himself with pro- curing redress upon any just coihplaint His Highness the Bey may have to make, against the said Ionian States and subjects, as if they were to all intents and purposes British^bom subjects. III. His Highness the Bey of Tunis, in recognizing the in- habitants of the said Ionian Islands as British subjects, higreby engages to release immediately without ransom, and deliver to persons authorized to receive them, all captives now in the City and Kingdom of Tunis, being subjects of the Ionian Islands, un- der whatever circumstances they may have been taken ; and any of the inhabitants of the said Islands that may hereafter be brought into the Kingdom of Tunis, from the signing of the pre- sent Treaty, shall be immediately given up, with all their goods and chattels, to the British Consul. IV. Serious complaints having been made of the Barbary cruizers entering on board ships they speak at sea^ (under British protection,) with a greater number of men than is allowed by Treaty, and destroying the ship's papers^ to the great injury of the owners ; with a view of preventing the recurrence of such serious complaints. His Highness the Bey of Tunis hereby engages 1o give the most positive orders^ and adopt measures^ to prevent such prac- tides in future^ under the severest punishment of the offenders. The oath of the Master, and two other persons of the crew, shall be sufficient proof of the fact ; and for the punctual performance of this Article, the Reis, or Captain, of any cruizer so offending, shall be answerable for the conduct of his officers and crew, but should any ship so boarded come into the port or territory of Tunis, the complaint shall be heard and determined by regular examination before the Bey, in the presence of the Consul. ne TUNIS. V. His Highnets the Bey of Tunis, hereby further engages to f^cogoize the flag of the Kingdom of Hanover, on the same foot- ing as those of other countries belonging to the Sovereignty of His Britannic Majesty, and as such, entitled to the rights and tecurities enjoyed by the flag and subjects of Great Britain, in all their various interests. VI. With a view to avoid the various disputes which have lately Msea OB the subject of official correspondence, His Highness the Bey of Tunis promises to a£ford written replies, to any im* |K>rtant communications which the British Consul shall And it expedient from time to time to make I0 him in his Consular cap liacity, according to the ancient custom of the country. VIL In order to prevent any discussion hereafter as to the disr posal of prize property^ it is agreed by His Highness the Bey, that no jHizes^ taken from Great Britain, shall be sold or disposed of in the Port or Kmgidom of Tunis, and the strictsest neutrality of die Port of Tunis is to be rigidly observed. I>one in duplicate, in the Palace of Bardo, near Tunis, in the presence of Almighty God, the 17di day of April, in the year of Jesus Christ, 18 16, and in the year of the Hegira, 1231, and the 19th day of the Moon Jumed Ouell. Signed Exmouth. Signed Richard Oglanoeb^ Agent and Consul General. GENERAL ADDITIONAL ARTICLE, The Articles in the foregoing IVeaty being written in the Turkish language, which Lord Exmouth has not been able to get translated correctly, it is hereby agreed between tbe Contracting Parties that, in the event of any misunderstanding or misconcep- tion of the said Articles, the same shall be explained by the true meamng and signification of the Articles, as expressed in the English language, whatever may be the deviation in the Turkish translation. Done in the Palace of Bardo, near Tunis, the 17th day of April, 1816, and in the year of the Hegira, 1231. Signed Exmouth, Admiral, 8ic, BARBAKY STATES. 177- DECLARATION of the Bey of TuiiU. Signed at Bardo, \7th Afril, 1816. Declaration of His Highness Mahmoud Bashaw, Chief Bey^ of Tuhby the well guarded City and the abode of happiness, made and concluded with the Right Honourable Edward BiEtton Ex- mouth, Knight Grand Cross of the Most Honourable Military Order of the Bath, Admiral of the Blue Squadron of His Bri- tannic Majesty's fleet, and Commander in Chief of Hid said Majesty's ships and vessels in the Mediterranean. In consideration of the deep interest manifested by His Royal Highness the Prince Regent of England, for the termination df Christian Slavery ; His Highness the Bey of Tunis, in tokens of his sincere desire to maintain inviolable his friendly relations witb Great Britain, and in manifestation of his amicable disposition and high respect towards the Powers of Europe, (with all of whom he is desirous to establish peace,) declares that in the event of a future war with any Europeati Power, (which God forbid,) that none of the prisoners made on either side shall be consigned to slavery, but treated with all humanity, as prisoners of war, until regularly exchanged according to European practice in like cases ; and that at the termination of hostilities, they shall be restored to their respective countries without ransom. Done in duplicate in the Palace of Bardo, near Tunis, in the presence of Almighty God, the 17lh day of April, in the year of Jesus Christ, 1816, and in the year of the Hegira, 1231, and the 19th day of the Moon Jumed Ouell. Signed Exmojuth. Signed RicHATtD Ogland^r, Agent and Consul- General. DECLARATION of the Bey of Tunis. Signed at Bardo, IQ/A October, 1817. We, Sidi Mahmoud Bashaw, Bey of Tunis, &c. &c. &c. Do by these presents, sincerely promise and declare, th^t such VOL. i; N 178 TUNIS. orders shall for die fiiture be given to the Commanders of all our ships and vessels, that, under a severe penalty, and our utmost displeasure, they shall not enter into the Channel of England, or the narrow seas thereof, nor cruize or exercise in any manner, in 8q(ht of any part of the Dominions of His Majesty the King of Great Britai» and IrMand, or in any way disturb the Peace or Gooinerce of the same ; except in cases of necessity, such as.' stress o£ weatfaep or want of provisions, or on being pursued by any of then* enemies, when they shall be allowed to enter for security. The above- Article is understood to have no reference to the Comneroe of Timis. \&ado, the 8tfa day of the Hegira, 1232, and the 19th of October, 1817, of the Ghrts^an £ra. Seal of the Bey, Accepted on the part of His Majesty's Government, under the directions from His Excellency Lieutenant-General Sir Thomas Maitland, Governor of Malta. Signed R. C. Spencer. Fred. Hankey. Rich. Oglander. V 179 )' DENMARK. TREATY between Great Britain and Denmark. Signed at Whitehall, I3th February, 1660- h* Extract. (Translation from the Latin.) I. It is covenanted, accorded, and concluded, that there be a sincere, true, and perfect friendship, peace, and alliance for ever, between both the Kings, their Heirs and Successors, Kingdoms, Provinces, and Principalities, Subjects and Vassals, of what con* dition, dignity, and degree soever, as well those who now are, as who hereafter shall be, both by land and sea, in rivers, fresh- waters, and e\ery where ; so as they neither do wrong one to the other, nor the one cause any damage or harm to the Kingdoms, Provinces, Subjects, and Vassals of the other^ nor as much as in them lies suffer or consent that. the like be done by other persons ; but that they adhere each to other in sincere amity and love> and that the one promote to His uttermost the advantage and commo- dity of the other, and of each other's subjects respectively as His own 'y but that they hinder and prevent each other's losses and destruction, both by fact, counsels, and all their power. II. But if either of the foresaid Kings, their Heirs and Succes- sors, shall come to know that any thing is negociated, desired, or treated, which may turn to the prejudice of the other, then He shall be bound as soon as ever the same is made known unto Him, to discover it to the other ; and, as much as in Him lies to hinder it. III. The foresaid Kings do religiously promise for themselves, their Heirs and Successors, respectively, that they will not at any time give any warlike aid or supplies to the enemies of each other, nor suffer that their subjects, of what state and condition soever they be, shall, either under the pretence of trade or any other borrowed colour whatsoever, by any means help the enemies of the said Princes, or of either of them, nor furnish them with soldiers, money, provisions, arms, engines, guns, ships, and other • Renewed by Article XIII. of the Treaty of Kiel, 1814; n2 180 DENMARK. things fit and necessary for waging war^ nor cause the same to be furnished by others ; but if any the subjects of the said Kings shall presume to offend herein, then every of the Kings whose subjects shall have so offended, shall be bound to inflict most severe punishments upon them, as league-breakers and seditious persons. V. It is also agreed, that neither of the foresaid Kings shall harbour, or suffer in His Kingdoms or Provinces, the enemies or rebels of the other, knowing them to be such. VI. It shall be free for the subjects of both Kings to come with their merchandize, as well by land as by sea, into the Kingdoms, Provinces, Mart-Towns, Ports, and Rivers of the other, and there to converse and trade, paying the usual customs and duties, saving always the sovereignty and right of either King, in their King- doms, Provinces, Principalities, and Territories, respectively. VII. It is also covenanted, accorded, and concluded, that the subjects of the Most Serene King of Great Britain, may in no wise come unto forbidden ports, (whereof mention is made in former Treaties,) without the special licence of the King of Den- mark and Norway, desired and obtained, unless evident danger of the sea, or violence of storms, shall force them to approach, or enter ; where then it shall in no case be lawful for them to trade or merchandize. VIII. It is also covenanted, accorded, and concluded, that in case any one suffer shipwreck upon the coasts of the other King, he may freely challenge, and lay claim to the broken and wreckt vessel, with the goods, (saving the right of any place whatsoever,) neither shall any thing be a prejudice or hindrance to hini therein ; but rather the inhabitants of the place shall be obliged, if it be desired of them, to be aiding to him who hath suffered shipwreck, upon reasonable consideration for their labour, to recover such things as can be saved of the wreck. IX. If the subjects of either King be wronged, injured, or en- damaged in the Territory of the other, then the King of that place where the wrong is offered, shall take care that speedyju8tice.be done accordmg to the rights and accustomed laws of the country, and that due punishment be inflicted upon those who have com- mitted the offence or injury, with reparation to be made unto the suffering parties. DENMARK. 181 X. No private injury shall in any sort weaken this Treaty, nor beget hatred or dissensions between the foresaid nations ; but every one shall answer for his own proper fact, and shall be pro- secuted thereupon ; neither shall one man satisfy for the offence of another by reprisals, or other such like odious proceedings, unless justice be denied, or unreasonably delayed, in which case it shall be lawful for that King, whose subject hath suffered the loss and injury, to take any course according to the rules and method of the law of nations, until reparation be made to thersufferer. XL The foresaid Kings have also covenanted, that if hereafter (which yet we hope will not be, and pray that God of His mercy would prevent) there should happen to arise any dissensions or differences between these Kings or Kingdoms, endeavours shall be used, that the same may be composed iu an amicable way ; nor shall this present league be therefore any way abolished of made void. XII. It is further agreed, that by no agreements, covenants. Ar- ticles, or clauses contained in this present Treaty, former Treaties or Leagues heretofore made between the foresaid Confederates, or their Royal Predecessors, as well for the realms of England, Scotland and Ireland, as for the Hereditary Kingdoms of Den- nark and Norway respectively, he no way deemed to be taken away or abrogated, but that they remain perpetually in their an- cient force, stability, and vigour, so far forth as they are not con- trary or repugnant to the present Treaty, or to any of the Articles therein contained. XIII. It is also covenanted and concluded, that the people and subjects of the King of England, Scotland, France and Ireland, sailing unto any the Hereditary Kingdoms, Principalities or Do- minions of the King of Denmark and Norway, or exercising mer- chandize therein, shall pay neither more nor greater customs, tributes, tolls, and other duties, nor in other manner than as the people of the United Provinces of the Netherlands, and other strangers (the Swedes only excepted) trading thither, and paying less customs, do or shall pay ; and that as well in going, return- ing and staying, as also in fishing and trading, they shall enjoy the same liberties, immunities and privileges, which the people of any foreign nation lyhatsoever, abiding or trading, in tlie said • N 3 ]$ft DJSNMARK. Kingdoms and Dominions of the King of Denmark and Norway, do or shall enjoy. On the other side, the people and subjects of the King of Denmark and Norway, shall use and enjoy the same privileges in the Countries and Dominions of the King of England; jto wit, that the people and subjects of the King of Denmark and Norway sailing unto any the Kingdoms, Principalities or Domi- nions of the King of England, or exercising merchandize therein, -shall pay neither more nor greater customs, tributes, tolls, and- other duties, nor in any other manner than as the people of the United Provinces of the Netherlands, or other strangers trading thither, and paying less customs, do or shall pay, and that as well in going, returning and staying, as also in fishing and trading, they shall enjoy the same liberties, immunities, and privileges which the people Qf any foreign nation whatsoever, abiding or trading in the said Kingdoms and Dominions of the King of Englsind, do or shall enjoy. But so that the Sovereign Power of both Kings, in their Kingdoms, Principalities, Dominions, and Ports, respectively, to appomt and change customs and any other mat- ters according to the occasion, be preserved, and remain inviolate ; provided, the said equality be strictly observed on either Part in manner aforesaid.* XIV. It is also agreed, that in case the subjects and inha^ bitants of either of the Confederates, with their shipping (either by reason of pirates chasing them, or by stress of weather, or by any other inconvenience) be forced to repair into the rivers, creeks, bays or ports, of the other Confederate, there to seek harbour, they shall be kindly and courteously used by the magistrate and inhabitants of such place ; and it shall be lawful for them to pro- vide themselves at a reasonable price with those things which shall be necessary for the repairing of their ships, and freely to depart again without any hindrance or search, and paying no tolls and customs ; provided, they do not carry out of their ship or ships, any goods or packs, nor expose them to sale, nor have or receive on board, persons guilty or suspected of any crime, or prohibited goods, nor finally do any thing repugnant to the laws, statutes or customs of that place and port where they shall arrive. XV. If it shall happen that the ships of either of the Con- federates, and of their subjects and inhabitants, (whether they be ships of war or of burthen) do run aground, or split upon rocks. DENMARiC. 183 or hy 9ny accident whatsoever, spffer shipwreck, (which God forbid) upon or about the coasts of the other, the fofesaid ships^ with all their tackle, goods and onerchandize, or whatsoever remains of them, shall be restored to their owners and proprietors, provided they or their Commissioners or Deputies, chidlenge and daim the ships or goods, within the space of one year after the wreck hath happened, (saving always the rights and customs of every nation whatsoever:) also the subjects and inhabitants dwelling upon such shores and coasts, shall foe obliged to suQCOur them in their danger, and help them as much as they are aUe, and shall use all diligence, either to deliver the ship, or save the goods, merchandize, tackle, and other things that may be pre- served ; which are to be conveyed into some safe pl^ce, that they may be restored to the owners ; yet paying to those persons by whose pains and care the goods shall be recovered and kept, the expences and recompences which they shall deserve. XVI. Each party shall in all causes and controversies now depending, or hereafter to commence, cause justice and right to be speedily administered to the subjects and people of the other Party, according to the laws and statutes of each country, without tedious and unnecessary delays and charges. . XVII. It is also covenanted and agreed, that all ships belonging to English subjects and inhabitants, together with their ladings and merchandize, sailing by the fort of Gluckstadt, or other tovms and places under the King of Denmark's Dominions, situate upon the river of Elbe, shall, both in going and coming back, be free and exempt from all custom, toll, search, stop, and molesta- tion, except only the case of search in time of war, when the King of Denmark shall be in hostility with any other Prince or State. XVIII. It is also agreed, that firs, masts, and other sorts of timber, after once they are laden upon the ships of the English subjects or inhabitants, shall be no further subject to be visited, but all visits and searches shall be made before, and if then either oak or other prohibited timber be found, they shall forthwith be stopped upon the place before they be brought on board; neither shall the persons or goods of the people of the King of England, or of His subjects, be, for that cause, any way molested, either by arrest, or an;r other kind of detention ; but the subjects only 184 DENMARK. of the King of Denmark,^ who shall have presumed to ^ell or alienate such like prohibited timber, shall be punished for the offence after the accustomed manner : and the people and subjects of the King of England shall have, possess, and enjoy, all and aingalar, the things contained and granted in this Article, without any molestation and interruption, so long and during all the time that the subjects or any of the people of the United Provinces of the Netherlands have, possess, and enjoy, or ought, or might have, possess, or enjoy the same, or the like, by any Treaty, covenant, agreement, or permission whatsoever made or to be made. XIX. . For the greater security of trade, and freedom of navigation, it is covenanted and agreed, that neither Party shall, (as much as is possible, and as far as they are able,) suffer open pirates, or other robbers of that kind, to make their retreats in the ports of either*s Kingdom or Country, or shall permit any of the inhabitants or people of either to harbour or relieve them, or any way assist them ; but on the contrary, shall use means that the foresaid pirates and robbers, and their partners and abettors, may be apprehended, and suffer condign punishment, and that the ships and goods (so much of them as can be found) may be .restored to their lawful owners or their attomies, so as their right be made to appear by due and legal proof in the Court of Admi- ralty for maritime Causes. XX. It is C9venanted and agreed, that the subjects and people of either Party, shall always have free access to the ports and coasts of the other Confederate ; and it shall be lawful for them to abide there, and thence to depart again, and also to pass through the Seas and Territories whatsoever of either King respectively, (doing no damage or prejudice,) not only with mer- chant ships, but also with men of war, whether they be public, or belong to those who shall have obtained private commissions, and whether they come through violence of the weather, or to avoid the danger of the sea, or to repair their ships, or buy provisions; so as they exceed not the number of six men of war, if they come in of their own accord, nor stay longer in or about the ports than will be requisite to repair their ships, and furnish themselves with victuals, or other necessaries : and if upon occasion they would approach such ports with a greater number of men of war, they DENMARK. 185 sball by no means be permitted to enter, miless timely notice of their commg be first given by letter, and leave obtained of those to whom the foresaid ports belong ; but if they be driven by violence of storm, or other urgent necessity to seek shelter, in such case, without any notice given beforehand, the ships shall not be restrained to a certain number ; but with this condition, that dieir commander shall immediately upon their arrival acquaint the Chief Magistrate or the Governor of that place, port, or coast where they arrive, with the cause of their coming ; neither shall he stay longer there than the Chief Magistrate or Governor will permit, and shall neither do nor attempt any ^hostile act in the ports whereinto he shall repair, nor any thing prejudicial to that Ally unto whom the ports belong. XXI. It is also covenanted, that no ships, or shipping, goods, or merchandize, laden in any ships, of what nature, kind or qua- lity soever, howsoever taken, belonging to the subjects of either King, shall, under any colour or pretence whatsoever, be adjudged prize, unless by a judicial examination and proceeding in form of law in the Court of Admiralty, legally ordained in that behalf for such like maritime prizes. XXII. It is also covenanted and agreed, that all ships and mer- chants of England, in their passage through the Sound appertain- ing to the King of Denmark and Norway, shall enjoy the benefit and privilege of deferring the payment of customs until their return, in the same manner as they enjoyed t|ie five years last past ; but so that the said ships and merchants carry with them Certificates under the Seal of the Officers of His said Majesty of England thereunto appointed, witnessing that those ships belong to the subjects of the King of England ; and also, that before their passage they give good and sufficient security to make the said payment in due place unto the receivers of the King of Denmark's customs, at their return, or if they return not within three months at the furthest, in case they do not pay the same in their said first passage. XXIII. It is also concluded, that the ships and subjects of the King of England shall receive their dispatch and discharge at Elsinore, as soon as they arrive, without any delay, no ships of any nation whatsoever- to have a preference in that behalf before 186 DENMARK. thenii except the inhabitants of certain places who have obtained such a privilege of old in this case^ and enjoy the same to this day. XXIV. It is also agreed, that if the Dutch, or any other nation whatsoever, (the Swedish only excepted,) hath already obtained, or hereafter shall obtain, of the Eang of Denmark and Norway, any better agreements, covenants, exemptions and pri- vileges, than those contained in this Treaty, the same and such like shall be conununicated and effectually granted, freely and with ril fullness, to the King of England and to His subjects ; and on the other side, if the Dutch, or any other nation whatsoever, hath obtained, or shall hereafter obtain, of the King of England, any better agreements, covenants, exemptions or privileges, than those contained in this Treaty, the same and such like shall be communicated and effectually granted, freely and with all fullness, to the King of Denmark and Norway, and to His subjects. XXV. Lastly, it is covenanted, agreed, and concluded, that the aforesaid Most Serene Princes and . Kings shall sincerely and faithfully observe all and singular the Articles contained and established in this present Treaty, and cause the same to be observed by their subjects and inhabitants ; neither shall they break them directly or indirectly, nor suffer them to be broken directly or indirectly, by their subjects or inhabitants ; and shall ratify and confirm all and singular the things covenanted as afore- said by letters patent, subscribed with their own hands, and sealed with their great seals, drawn up and engrossed, in suffi- cient, valid, and effectual form, and shall interchangeably deliver the same, or cause them to be delivered within three months after the date of these presents, feithfully, really, and effectually. Done at Whitehall; the 13th of February, 1660-1. TREATY between Great Britain and Denmark. Sigfied at Copenhagenj llth July, J 670.* Extract. (Translation from the Latin.) L That there be between the two Kings, their Heirs and Successors; as also their Kmgdoms, Principalities, Provinces, • Renewed bjr Article XUL of the Treatj of Kiel, 1814. PJBNMARK. 167 £8ta|^ Counties^ Isl^ds^ Cities, Subjects and Vassals, of what Qonditioii, dignity and degree soever, by land and sea, in rivers, fresfa^waters, and all places whatsoever, as vrell in Europe as out of Europe, now and for the time to come, a sincere, true and perfect friendship, peace and confederation; so as that nei- ther Party do any wrong, injury or prejudice to die Kmgdoms, Principalities, Provinces and Estates, or to the Inhabitants and Subjects of .thei other ; nor suffer any to be done by others, as iQttch as in Him is: but rather live as friends together, using each Qfeher with good* will and respect; and promoting upon all occa- sions the interests and advantages of each other, and their sub- jects, as if they were their own; and preventing and hindering with all their power, by their assistance and advice, any damage, wrong and injury that may be offered them. . III. Tl^e foresaid Kings for themselves, their Heirs and Suc- cessors, mutually do undertake and promise, that they will not aid or furnish the enemies of either Party, that shall be aggressors^ with any provisions of war, as soldiers, arms, engines, guns, ships, or other necessaries for the use of war, or suffer any to be fumLahed by their subjects : but if the subjects of tidier Prince shall presume to act contrary hereunto, then that King, jwbose subjects shall have so done, shall be obliged to proceed against them with the highest severity, as against seditious per- sons, and breakers of the league. V. It shall be lawful for the Subjects of both Kings, with their commodities and merchandize, both by sea and land, in time of peace, without licence or safe-conduct general or special, to come to the Kingdoms, provinces, mart-towns, ports and rivers of each other, and in any place therein to 'remain and trade, pay- ing usual customs and duties ; reserving nevertheless to either Prince His superiority, sind r^gal jurisdiction in His Kingdoms, Provinces, Principalities and Territories respectively. VI. It is notwith^anding covenanted and concluded, that the subjects of the King of Great Britain shall in no wise come to the prohibited ports, of which mention is made in precedent Treaties, nor Colonies, without the special licence of the King of Denmark first desired and obtained ; unless they shall be com- pelled to make thither, and enter therein, by stress of weather, 168 DENMARK. or pursuit of pirates^ in which case neither shall it be lawful for them to buy or sell. As also in like manner the subjects of the King of Denmark shall not conde to the, British Colonies, unless bj special licence of the King of Great Britain first desired and obtained. VII. It shall he lawful for the subjectsof the Most Serene King of Denmark to bring into their own stores and warehouses in England, Scotland and Ireland, and other the ports of the King of Great Britain, in Europe, such commodities as now, or here- after shall be of the growth and production of the estates, coun- tries and dominions subject to the King of Denmark, or of the manufacture thereof, and likewise such as come from any part of the riv^r of Elbe. In like manner shall it be lawful for the subjects of the King of Great Britain to import and bring into Denmark, Norway, and all other ports and colonies, not prohibited, of the King of Denmark, all kinds of merchandize which now or hereafter shall be produced or made in the Kingdoms, Countries and Estates under the subjection of the King of Great Britain. But if at any time hereafter, it be permitted to any foreign nations, to bring all kinds of commodities without exception, into England, Scotland and Ireland, and other, the ports belonging to the King of Great Britain, then the same also shall be lawful for the sub- jects of the King of Denmark : which in like manner shall be permitted to the subjects of the King of Great Britain, upon the like occasion, in the prohibited ports and Colonies of the King of Denmark. VIII. It is also covenanted and agreed, that the people and subjects of the King of Great Britain sailing to any the hereditary Kingdoms, Countries, or Dominions of the King of Denmark, or trading in the same, shall pay no more or greater customs, tribute, toll, or other duties, nor in any other manner than tlie people of the United Provinces of the Low Countries, and other strangers, (the Swede only excepted) trading thither, and paying lesser customs, do or shall pay ; and in going, returning, and staymg as also in fishing and trading, and all other things, shall enjoy the same liberties, immunities, and privileges, which the people of any foreign country, in the said Kingdoms and Domi- wons of the Kmg of Denmark, abiding and trading, do or shaU DENMARK. 189 enjoy: and so on the other sidei the people and subjects of the Kmg of Denmark, shall have and enjoy the same privilegesi .in the countries and territories of *the King of Great Britain ; to wit, that the people and subjects of the King of Denmark, sailing to. any the Kingdoms, Countries, or Dominions of the King of Great Britain, or trading in the same, shall not pay any more or greater customs, tributes,, toll or other duties, nor in any other manner than the people of the United Nedierlands, or other strangers trading thither, and paying lesser customs, do or shall pay: and in going, returning and staying, as also in fishing and trading, and all otlier thiugs, shall enjoy the same liberties, immunities and privileges, which the people of any other foreign country in the said Kingdoms and Dominions of the King of Great Britaiq, abiding and trading, do or shall enjoy : but so, as that the power of each King of making or altering customs, or other duties, as they shall see occasion, in their respective Kingdoms, countries, dominions, and ports, remain full and entire; provided the foresaid equality be strictly observed on both sides in manner aforesaid. IX. It is also covenanted, that when the subjects of either King have imported their commodities into the Dominions of the other, have paid the usual customs for them, and undergone their search, it shall be free and lawful for them, to bring their said commodities into their own proper store-houses and cellars, or into places which they shall think most fit and convenient, and there store them ; nor shall any magistrate or officer of any the cities or ports of either, impose upon them any cellars or store-houses widiout their consent. X. The subjects of either Crown trading upon tjie seas, and sailing by the coasts of either Kingdom, shall not be obliged to come into any port, if their course were not directed thither; but shall have liberty to pursue their voyage without hindrance or detention whithersoever they please. Nor shall they, being by tempest forced into port, and there remaining, be obliged to un- lade their cargo, or to barter or sell any part thereof; but it shall be lawful for them to dispose of it as they shall think fit, and to do any other thing which they shall judge most for their advantage: provided nothing be done that may be to the de- firauding of either Prince of His due rights and customs. 196 DEI^MAflK. XI. It is also agreed, that aiter any planks, masts, and other torts of timber, have been once put on board the ships of the anbfects or peofrfe of the King* of Great Britain, they shall not be liable to any further search; but aU search, or scrutiny shall be made before ; and if then, either oaken or other prohibited timber be found, it Aall be presently stopped and detained upon the place before it be put on board the ships ; nor shall the people of the said King of Great Britain, or His subjects, be therefore molested in their persons or estates by arrest, or other detention whatsoever; but only the subjects of the King of Denmark, who shall have presumed to sell or alienate any the like prohibited timber, shall be punished in due manner. And the people and subjects of the King of Great Britain, shall have^ possess and enjoy, all and singular the contents and concessions of this Article, without any molestation or interruption, so long, and for all such time as the subjects or any of the people of the United Netherlands, shall hold, possess^ and enjoy, or might, or ought to hold, possess, and enjoy, the same or like privileges by any Treaty already made, or to be made, or by any contract^ agreement, or permission. XII. It is also concluded and agreed, that all ships belonging to the subjects of the King of Great Britain, and merchants, in their passage through the Sound, under the Most Serene King of Denmark and Norway, Sec. shall enjoy after the same manner, the benefit and privilege of deferring the payment of their customs until their return, as they held and enjoyed in former years last preceding the late war ; but so nevertheless, that the said ships and merchants bring with them certificates under the seal of the officers of the said King of Great Britain* deputed thereunto, testifying the said ships to belong to subjects of the King of Great Britain ; and likewise that before their passage they give sufficient and good security for paying the same, in place conve- nient to the collectors of the customs of the said King of Den- marky at their return, or if they shall not return, within three months' time at the farthest, if they do not pay the same at their said first passage. AUI. And furthermore it is agreed, that whatsoever merchan- dize the subjects of the King of Great Britain shall land at Elsi- nore, and there lay in their store-houses, to no other end than to put on board again entireyand transport them to other partB, tfiey sbaH be obliged to pay only the same duties for suchmerchahdijsey aikt nd more^ than is wont to be paid in this case by the Dutch natton^ or any other strangers: which shall be reciprocally observed to the subjects of the Kbg of Denmark afieer the same manner in England. XIV. Also it is agreed, that the ships and subjects of the King of Great Britain shall have their dispatch at Elsinore as soon as they arriire there, without delay; no ships, of what nation soever, having preference before them in this behalf^: except die inhabitants of certain places, who have anciently held ft' privilege to that purpose, and still do. XV. If any subject of either Prince shall happen to die in the Dominions or Territories of the other> it shall be lawful for him to dispose of his estiEite, both money and goods, in' any manner whatsoever : and 'if any one die within the Kingdoms or Pk'ovinces' of the other Prince, without making any such dispositions,* thei» the goods by him left, moveable or immoveable, of whatever na- ture or condition the same shall be, §hall be faithfully preserved for the use of the right heir, and for satisfaction of such debts ' aa the party deceased was justly bound to pay: and to that end, so soon as any subject of either Prince shall die in the other Prince's Dominions, the Consul or public minister, then i^siding there^ shall have right to possess the said monies and goods, and shall make inventories of the same before some magistrate of the place; which goods shall afterwards regain in his hands> to be answered to the heirs and creditors as aforesaid ; but if no sacb Conisul or public minister shall be there, then it shall be lawful for two merchants, of the same country with the party deceased, to possess the goods left by him, to preserve them, and in like manner to answer them to the heirs and creditors ; which, notwithstanding is to be so understood, that no papers or books of accounts are by this Article to be exposed to the inspection of the said magis-^ trate, but only the real goods and merchandize of the deceased ; and that the said magistrate within the space of forty-eight hours after notice given, and request made, shall be obliged to be pre- sent, otherwise the said inventories shall be made, without him. XVI. It shall be lawful for either of the Confederates and their subjects, or people, to trade with the enemies of the other, and to 19a DENMARK. cmiry to tbemi or furnish them with any merchandizes (prohibited only, which they call contraband, excepted) without any impedi- ment| unless in ports and places besieged by the other ; which, nevertheless, if they shall so do, it shall be free for them either to sell their goods to the besiegers, or betake themselves to any other port or place not besieged. XVII. It is also agreed, that it shall be free and lawful for the subjects of either Prince, trading in the Dominions or Ports of the other, there to remain and reside for the buying and selling comoiodities, without any restriction of time, or limitation to be imposed upon them by any officers or magistrates of the said Do- minions or ports, they paying the accustomed duties for all goods and merchandize by them imported or exported ; and further pro- vided that they trade with none but such as are citizens, or burgers of some city or town within the Kingdoms of Denmark or Norway, and that only by wholesale, and not by parcels or retail. XVIII. Furthermore, for the better encouragement of trade and commerce, and for the utter avoiding of all frauds and dis- putes that may arise between the officers of ports and merchants, it is agreed and concluded, that all and singular duties shall be demanded and paid according to the printed tariiFe, (or book of rates) wherein shall be comprised all customs and duties to be paid, as well for goods in the respective ports, as for passage through the Sound : and to the end that this may be the more strictly observed, both Kings shall not only enjoin His officers and collectors of His customs under the highest penalty, not to do any thing that may frustrate or elude this agreement ; but also that they do not, by molestation or exaction, cause any trouble, or offer any injury to the subjects of either King. XIX. Moreover, it is concluded and agreed, that the King of Denmark shall constitute the overseers of His customs or others, commissioners for re-measuring all ships belonging to the subjects of the King of Great Britain trading in Norway, according to their burden and content, so as that what has been hitherto not rightly observed, either in excess or defect, may be hereafter reduced into better order. XX. But lest such freedom of -navigation, or passage of the one Ally and His subjects and people, during the war that the DENMARK. 193 Othertnigr have, by sea or land, with any other country^ may be to th6 prejudice of the other Ally, and that goods and merchandize belonging to the enemy may be fraudulently concealed under colour of being in amity; for the preventing of fraud| and clearing all suspicion, it is thought fit, that the ships, goods and men, belonging to the other Confederate, in their passage and voyages, be accompanied with letters of passport and certificate ; the forms whereof to be as follows : CHARLES the Second^ by the Grace of Ood, King of Great Britain f Sgc. CHRISTIAN the Fifth, by the Grace of God, King of Deti- mark and Norway, i^c' Be it known unto all and singular to whom these our letters of safe conduct shall be shewn, that our subject and citizen of our City of hath humbly represented unto us, that the ship called of the burthen of tons, doth belong unto them and others our subjects, and that they are sole owners and proprietors thereof, and is now laden with the goods which are contained in a schedule which she hath with her from the ofiicers of our customs, and do solely, truly and really belong to our subjects or others in neutrality, bound immediately from the port of to such other place or places, where she may conveniently trade with the said goods^ being not pro- hibited, nor belonging to either of the Parties in hostility, or else find a freight ; which the foresaid our subject iiaviug attested by a writing under his hand, and affirmed to be taie by oath, under penalty of confiscation of the said goods, we have thought fit to grant him these our letters of safe conduct : and therefore we do hereby respectively pray and desire all Gover- nors of countries and seas. Kings, Princes, Commonwealths, and free Cities, and more especially the parties now iti war, and their Commanders, Admirals, Generals, Officers, Governors of ports. Commanders of ships. Captains, Freighters, and all others what- soever having any jurisdiction by sea, or the custody of any port VOIm I. 6 ' 194 DENMARK. whom the ship aforesaid shall chance to meet; or among whose fleet or ships it shall happen to fall or make stay in their portS; that by virtue of the league and amity, which we have with any King or State, they suffer the said master with the ship, persons, things, and all merchandize on board her, not only freely and without any molestation, detention or impediment, to any place whatsoever to pursue his voyage, but also to afford him all offices of civility, as to our subject, if there shall be occasion ; which upon the like or other occasion we and burs shall be ready to return. Given the day of in the Year We, the President, Consuls and Senators of the City of do attest and certify, that on the day of in the year personally before its came and appeared citizen and inhabitant of the City or Town of and under the oath wherein he stands bound to our Sovereign Lord the King, did declare unto us, that the ship or vessel called of the burthen of tons doth belong to the port, city, or town of in the Province of ; And that the said ship doth justly belong only to him smd others, subjects of our said Sove- reign Lord, and now bound directly from the port of laden with the goods mentioned in a schedule received from the officers of the customs, and that he hath affirmed under the oath aforesaid, that the forementioned vessel with her goods and mer- chandize doth only belong to subjects of His Majesty, and doth carry no goods prohibited, which belong to either of the Parties now in war. In testimony whereof, we have caused this certificate to be subscribed by the Syndic of our City, and sealed with our seal. Given, &c. When therefore the merchandize, goods, ships, or men of either DENMARK. 19^ of the Confederates and their subjects and people^ shall meet in open sea, straits, ports, havens, lands, and places whatsoever ; the ships of war, whether public or private, or the men, subjects, and people of the other Confederate, upon exhibiting only the foresaid letters of safe conduct and certificate, there shall be nothing more required of them, nor shall search be made after the goods, ships, or men, nor shall they be any other ways what- soever molested or troubled ; but suffered with all freedom to pursue their intended voyage ; but if this solemn and set form of passport and certificate be not exhibited, or that there be any other just and urgent cause of suspicion; then shall the ship be searched, which is nevertheless in this case only understood to be permitted, and not otherwise. If by either party any thing shall be committed contrary to the true meaning of this Article, against either of the Confederates, each of the said Confederates shall cause His subjects and people offending to be severely punished, and full'and entire satisfaction to be forthwith given, and with- out delay, to the Party injured and His subjects and people for their whole loss and expences. XXI. It is also concluded and agreed, that all ships of sub- jects and people of the King of Great Britain, together with their lading and merchandize, passing by the Port of Gluckstad, or other places and towns under the dominion of the King of Den- mark, situate upon the Elbe stream, both going and returning, shall be free and exempt from all custom, impost, search, seizure, and molestation, except only the case of search in the time of war, when the King of Denmark hath war with any other King or State. XXII. If the subjects of either Prince be hurt or injured in the territories of the other ; then the King of that place where die injury is done, shall take care that speedy justice be adminis- tered according to the laws and customs of the country ; and that the persons guilty be duly punished, with satisfaction to be made to the party wronged. XXIII. It is also agreed, that no ships whatsoever, vessels, or merchandize laden on ships of whatsoever nature, kind, or quality, howsoever taken, belonging to any the subjects of either of the aforesaid Kings^ under any colour or pretence whatsoever, be o 2 196 DENMARK. adjudged prize, unless by a judicial examination and process in form of law, in a Court of Admiralty for prizes taken at sea, in diat behalf lawfully constituted. XXIV. Both parties shall cause justice and equity to be adminis- tered to the subjects and people of each other, according to the laws and statutes of either country, speedily, and without long and unnecessary formalities of law and expences, in all causes and controversies, as well now depending, as which may hereafter arise. XXV. If the ships of either of the Confederates, and their subjects and people, whether they be merchant-men, or men of war, shall happen to run on ground, or fall upon rocks, or be forced to lighten themselves, or shall otherwise suffer shipwreck (which God forbid) upon the coasts of either King, the foresaid ships with their tackle, goods, and merchandize, or whatsoever shall be remaining of them, shall be restored to their owners and proprietors ; provided they or their agents and proctors do claim the said ships and goods within the space of a year and a day after such shipwreck suffered, saving always the rights and cus- toms of both nations. The subjects also and inhabitants dwelling upon the said coasts and shores, shall be obliged to come in to their help, in case of danger, and as much as in them lies to give their assistance ; and shall do their utmost endeavour either for the freeing of the ship, or saving the goods, merchandize and apparel of the said ship, and what else of the same they shall be able, and for the conveying the same into some safe place in order to be restored to the owners ; they paying salvage, and giving such recompense to the persons by whose assistance and diligence the said merchandize and goods shall have been recovered and preserved, as they shall deserve. And finally both parties, in case of such misfortune, shall see observed on their side, what they would desire to have observed and done on the other side. XXVI. The commanders of ships, or governors, soldiers, mariners and company belonging to the same ; as also the ships themselves, and the goods and merchandize on board them, shall not be detained by any arrest or seizure upon any warrant either general or special, or for any cause, unless for the defence and preservation of the Kingdom ; which yet shall not be understood to be meant of arrests laid by authority of law, for debt con- DENMARK. 107 traded upon any other lawful occasion whatsoever^ in which case it shall be hwful to proceed according to the rules of justice and law. XXVII. It shall be- free for the merchants of both Kingdoms, their factors and servants, and also the masters and mariners of ships upon the sea, and in other waters, as likewise in the ports, and upon the coasts and lauds of either Confederate, going, returning and walking, for the defence of their persons and goods, to carry any kind of portable arms, as well offensive as defensive, so that they give no just cause of suspicion to the commanders and magistrates of any place, of any plots or contrivances against the public or private peace. XXVIII. The convoys or ships of war, of either Party, meeting m their voyage, or overtaking any merchant ships, or others be- longing to the other Confederate or His subjects, and making the same course at sea, in Europe or out of Europe, shall be obliged to guard and defend them as long as they shall hold the same course together. XXIX. For the greater security of commerce and freedom of navigation, it is concluded and agreed, that neither Party, as much as may be, and shall lie in their powers, shall permit that public pirates or other robbers upon the sea, in any the ports of the other Kingdom or Country, have their receptacles or retreats, or shall suffer that any of the inhabitants, or people of either Prince, do receive them into their houses, or supply them with provisions or be otherwise assisting to them ; but on the contrary, shall endeavour that the said pirates or robbers, and their parti- sans and accomplices, be apprehended and punished according to their demerit, and the ships and goods, as much as can be found of them, restored to the lawful owners or their agents, pro- vided their right be made appear by due proof of law in the Court of Admiralty. XXX. It is concluded and agreed, that there shall be at all times free access for the subjects and people of either party, to the ports and coasts of both Princes, and it shall be lawful for them to remain therein, and from thence again to depart, and also to pass through the seas and territories whatsoever of either King respectively (not committing any waste or injury) not only o3 198 DENMARK. with merchant ships and ships of burthen, but also with ships of war, whether the same be upon the public account, or acting by private commissions ; whether they enter by reason of tempest, and for avoiding the danger of the sea, or to refit or buy provi- sions : so that they exceed not the number of six ships of vv'ar, if they enter of their own accord, nor shall they remain longer in or about the ports, than shall be necessary for the refitting of their ships, buying provisions or other necessaries : and if they should upon occasion desire to come into the said ports with a greater number of ships of war, it shall in no wise be lawful for them to enter thereinto, without first giving timely notice by letter of their coming, and obtaining leave of those to whom the fore- said ports belong. But if by force of tempest or other urgent necessity, they shall be compelled to put into harbour, in such case, without any precedent notice, the ships shall not be re- strained to a certain number ; but with this condition nevertheless, that their Admiral or Commander in Chief presently after his arrival, shall make acquainted the chief Magistrate or Com« mander of the place, haven, or coast, whither they are come, with the cause of his coming ; nor shall he stay longer there than shall be permitted him by the chief Magistrate or Commander, and shall not act or attempt any hostility in the ports whereinto he hath betaken himself, or any thing prejudicial to Him of the two Confederates to whom they shall belong. XXXI. It shall not be lawful for the subjects of either King, or the inhabitants of the Kingdoms or lands under their obedience, to procure of any Prince or State, who is at difference, or in open war with either of the Confederates, letters patents called com- missions or reprisals, much less by virtue of such letters to molest or damnify the subjects of either. Both the said Kings shall strictly prohibit their subjects respectively, that they do not pro- cure or accept from other Princes or States any such commis- sions ; but shall, as much as in them lies, forbid and hinder the committing of any depredations by virtue of such commissions. XXXII. If any ship or ships belonging to the subjects of either King be taken in the ports of either, by a third party, they, in whose port, or within whose jurisdiction whatsoever the foresaid, ships shall be taken, shall be mutually obliged to use.their en- DENMARK. 199 deavour^ together with the other party, for the finding and retaking the said ^hip or ships, and restoring them to the owners ; which nevertheless shall be done at the . charge of the said owners, or ; the parties interested. XXXIII. But if also in the ships taken by the subjects of either Confederate, and brought into any port belonging to the others there be found any seamen or other persons who are subjects of that Confederate, into whose ports or rivers the prize shall be. brought, they shall be civilly used by those who have taken them, and restored to their liberty forthwith, and without ransom. XXXIV. But if a ship of war or any other, laden with pro- hibited goods, belonging to the other Crown, happen to be taken ; it shall not be lawful for the captains or commanders who have taken her, to open or break up any chests, tons, or bales, on board the said ship, nor likewise to transport^ or otherwise alienate any of her merchandize, until they have been first put oa shore, and an inventory thereof made before the Judges of the Admiralty. XXXV. And for the greater security of the subjects of both Kings, and for preventing of all violence towards them from the said ships of war ; all commanders of any the ships of war belonging to the King of Great Britain, and all other His subjects whatsoever, shall be strictly charged and required, that they do not molest or injure the subjects of the King of Denmark ; if they shall do otherwise, they shall be liable to answer it in their persons and estates, and shall therein stand bound until just satis* faction and compensation shall be made for the wrongs by them done, and the damage thereby sustained or to be sustained : in like manner shall all commanders of the ships of war belonging to the King of Denmark, and all other His subjects whatsoever, be straightly under the same penalties charged and required, that they do* not molest or injure the said subjects of the King of Great Britain ; provided nevertheless, that all the foresaid actions be examined and adjudged by due and legal proceeding in the Court of Admiralty of both Kings ; or if it shall rather seem meet. to either of the parties, being a stranger in the place wherq the controversy is to be decided, they shall be examined befpre cer- tain commissioners, which both Kings, so soon as they shall bQ o 4 200 DENMARK. desired; sliall appoint to that end^ that so proceedings by this means may be not only carried on without great expences, but also ended %vithin three months at farthest. XXXVI. Both Kings shall take care that judgment and sen- tence in things taken at sea^ be given according to the rules of justice and equity, by persons not suspected or interested, and being once given by such judges as aforesaid, they shall straightly charge and require their officers, and whom it shall concern, to see the same put in due execution according to the form and tenor thereof. XXXVII. If the Ambassadors of either King, or any other public ministers residing with the other King, shall happen to make complaint of any such sentence, that King to whom com« plaint shall be made, shall cause the said judgment and sentence to be re-heard and examined in His council ; that it may appear whether all things requisite and necessary have been performed according to the rules of this Treaty, and with due caution : if the contrary shall happen, it shall be redressed, which is to be done at the furthest within three months* time. Neither shall it be lawful either before the giving of the first sentence, or afterwards, during the time of re-hearing, to unlade or sell and make away the goods in controversy, unless it happai to be done by consent of parties, and to prevent the perishing of* the said goods and merchandize. XXXVIII. The said Kings shall have in each other's Courts their ministers, and in certain ports, their Consuls, for the better and more easy communicating and proposing such things as they shall think advantageous to the public interest, or private concerns of any particular person. XXXIX. No private injury shall in any wise letten this Treaty, nor shall raise any discord or hatred between the foresaid nations, but every man shall answer for his own doings, and shall be responsible therefore ; nor shall one man suffer for that which another has offended in, by having recourse to reprisals, or such like rigorous proceedings, unless justice be denied or. delayed longer than is fitting. In which case it shall be lawful for that King, whose subject has received the injury, to proceed accord- ing to the rules and prescriptions of ^e law of nations, until DENMARK. «)t reparation be made to the party injured: provided notwith- standing that He have first in dae manner advertised the other King thereof. XL. Also it is agreed, that if the Hollander, or any other nation whatsoever (the Swedish nation only excepted) hath already, or shall hereafter obtain any better Articles, Agreement, exemptions or privileges, than what are contamed in this Treaty, from the King of Denmark, that the same and like privileges shall be likewise granted to the King of Great Britain and His sub- jects, effectually and fiiUy to all intents and purposes ; and on the other side, if the Hollander or any other nation whatsoever, hath or shall obtain from His Majesty of Great Britain, any better Articles, Agreements, exemptions, or privileges, than what are contained in this Treaty, that the same and like privileges shall be granted to the King of Denmark and His subjects also, in most full and effectual manner. XLI. It is also concluded, that former Treaties and Leagues, at any time heretofore made between the foresaid Confederates or their predecessors. Kings, as well for the Kingdoms of Great Britain, &c. as for the. hereditary Kingdoms of Denmark and Norway, &c. respectively, be not in the least reputed or taken to be broken and abolished, by any agreement, covenants or Articles •in the present Treaty contained ; but that the same remain in full force, effect and virtue, «o far as they are not contrary or repug- nant to the present Treaty, or any Article therein contained. XLIL Finally, it is covenanted, concluded, and agreed, that the foresaid Kings shall sincerely and boni fide observe, all and sin- gular the Articles contained and set down in this Treaty, and shall cause them to be observed by their subjects and people ; nor shall transgress the same directly or indirectly, or suffer the same to be transgressed by their subjects or people, and shall ratify and confirm all and singular the premises as before agreed, by letters patents subscribed with their hands, and sealed with their great seals in good, sufficient and effectual form, and shall deliver the same reciprocally within three months after the date of these presents, or cause them to be delivered, in good faith and reality, and with effect. Given at Copenhagen, the 12th day of July, 1670. «DS DANNEMARC. DECLARATION, signee d Copenhague, le 4 Juillet, 1780, pour expliquer le 3e Article du Traiie de 1 670. Sa Majesty le Roi de Dannemarc et de Norv^ge, et Sa Majesty le Roi de la Grande Bretagne, animus d'un d^sir ^gal, d'ecarter les difi%rends qu'une interpretation douteuse de 1' Article Troisi^me du Trait6 d'Alliance et de Commerce, conclu en 1 670, entre les Rois Chretien V. et Charles II., de glorieuse m^moire, a fait naitre, et souhaitant pr^venir tout ce qui pourroit troubler dans la suite Tamiti^ sincere et r^ciproque qui les unit, sont convenus de substituer au susdit Article, un Article Explicatoire congu de la mani^re et de la teneur suivante : ARTICLE £XPLlCATOIRE. Lies deux Souverains Contractants s'engagent r6ciproquement pour eux et leurs Successeurs, de ne point fournir aux ennemis de Fun ou de I'autre, en terns de guerre, aucun secours, ni sol- dats, ni vaisseaux, ni aucun des effets et marchandises, dites de contrebande ; de d^fendre 6galement k leurs sujets de le faire^ et de punir s^v^rement et comme des infracteurs de la paix, ceux qui oseroient contrevenir k leurs defenses 'k cet 6gard; mais pour ne laisser aucun doute sur ce qui doit ^tre entendu par le terme de contrebande, on est convenu qu'on n'entend sous cette denomination, que les armes, tant k feu que d'autres sortes, avec leurs assortimens ; comme canons, mousquets, mortiers, petards, bombes, grenades, cercles poiss^s, saucisses, affiits, fourchettes, banderol! i^es, poudre, m^ches, salp&tre, balles, piques, ^p^es, morions, cuirasses, halebardes, lances, javelines, chevaux, selles de cheval, fourreaux de pistolets, baudriers, et g6n6ralement tons autres assortimens servant k Tusage de la guerre, de m&me que le bois de construction, le goudron ou poix resin6, le cuivre en feuille, les voiles, chanvres et cordages, et g6n6ralement tout ce qui sert directement k I'^quipement des vaisseaux ; le fer non- ouvrag6, et les planches de sapin, cependant exi^eptees. DENMARK. 20S DECLARATION, signed at Copenhagen, 4th July, 1780,» explanatory of the Sd Article of the Treaty of 1670. (Translation.) His Majesty the King of Denmark and Norway, and His Majesty the King of Great Britain, animated with an equal desire to do away the differences which the doubtful interpretation of the Third Article of the Treaty of Alliance and Commerce, con- cluded in 1670, between Their Majesties Christian V. and Charles II., of glorious memory, has occasioned, and desirous of prevent- ing whatever might disturb in future the sincere and reciprocal friendship that unites them, have agreed to substitute for the afore- said Article, an Explanatory Article, conceived in the manner and tenour following : EXPLANATORY ARTICLE. The two Contracting Sovereigns reciprocally engage, for them- selves and their Successors, not to furnish to the enemies of either Party in time of war, any succour, neither soldiers, nor vessels, nor any effects and merchandize called contraband ; and in like man- ner to prohibit their subjects from so doing, and to punish se- verely and as destroyers of the peace, those who should dare to act contrary to their prohibitions in this respect ; but in order to leave no doubt upon what is to be understood by the term contra- band, it is agreed that this denomination is meant only to compre- hend arms, as well fire-arms as other kinds, with their furniture, as cannon, muskets, mortars, petards, bombs, grenades, carcasses, saucisses, carriages for cannon, musket-rests, bandoleers, gun- powder, matches, saltpetre, balls, pikes, swords, helmets, cuirasses, halberts, lances, javelins, horses, saddles, pistol holsters, belts, and generally all other warlike implements, also ship-timber, tar, pitch and rosin, sheet copper, sails, hemp and cordage, and gene- rally whatever immediately serves for the equipment of vessels ; unwrought iron and deal planks, however, excepted. * Renevred by Article VII. of the Treaty of Kiel> 1814. «>4 DANNEMARC. Mais U eit express^ment d6clar£, que dans ce genre de mar- chandises de contrebande, Ton ne comprend point le poisson et h viande fraiche ou sal^e, le froment, farine, bl^, ou autres grains, les J%umes, I'buile, le vin, et g6n£ralement tout ce qui sert d la Dourriture et sustentation de la vie, et ainsi toutes ces choses pourront toujours se rendre et transporter comme les autres mar- chandises^ rnfeme aux lieux tenus par un ennemi des deux Cou- ronnesi pourvu qu'ils ne soient assi£g6s, ou bloqu6s. Et Leurs Majest^s voulant que cet Article, tel qu'il se trouve actuellement wrr^ti, tienne entiirement la place de celui auquel il est substitu^, de sorte qu'il ait les m^mes effets et la m^me valeur comme s'il £toit ins£r6| mot a mot, dans le dit Trait6, et qu'il soit aiiasi reconnu et aussi obligatoire que le Trait6 m^me, Elles sent convenues que cela soit ainsi d6clar6 et statu6 par une Declara- tion sign6e par le Ministre ayant le D^partement des Affaires Etrangires. C'est pour cet effet, que Sa Majest6 Danoise a autoris6 et muni de ses Pleins-pouvoirs le Soussign6, et en foi de quoi, moi, j'ai pass^ ce present Acte, servant de Declaration pour fixer ^Article 3e du Trait6 de 1 670, de la mani^re qu'il se trouve ecrit et ins6r6 dans cet Acte, sign6 de ma main. Fait k Copenhague, le 4e jour de Juillet, ] 780. Sign6 A. Beknstorff, (L.S.) TRAITE entre la Grande Bretagne et le Dannemarc. Signe d Moscou, le ^ Octobre, 1801. Acte d'Accession de la part de Sa Majesty le Roi de Danne- marc et de Norvige, k la Convention entre la Grande Bre- tagne et la Russie, du ^ Juin, 1801, "^o Noiii de la Tr^Sainte et Indiviuble Trinity. ba Majesty le Roi du Royaume Uni de la Grande Bretagne et del.lrlande, et Sa Majest6 I'Empereur de toutes les Russies, DENMARK. 205 But it is expressly declared that this kind ^f contrabood mer- chandize shall by no means comprehend fish and fleshy fresh or salted, \vheaty flour, com, or other grain, vegetables, oil, wine,, and generally whatever serves for the nourishment and support of life, so that all these articles may always be sold and trans- ported like other merchandize, even to places in the possession of an enemy of the two Crowns, provided that such places are neither besieged nor blockaded. And Their Majesties being desirous that this Article, as it is actually settled, should hold precisely the place of that for which it is substituted, so that it shall have the same effect and validity as if it were inserted word for word in the said Treaty, and that it should be considered as authentic and obligatory as the Treaty itself; they have agreed that it should be so declared and decreed by a Declaration signed by the Minister for Foreign Affairs. For which purpose His Danish Majesty has authorized and furnished the undersigned with His full Powers, and in virtue of which I have executed this present Act, serving as a Declaration to fix the 3d Article of the Treaty of I67O, in the manner in which it is found written and inserted in this Act, signed with my hand. Done at Copenhagen, the 4th July, 1780. Signed A. Bernstorff, (L.S.) TREATY between Great Britain and Denmark. Signed at Moscow, a October, 1801,* Act of Accession of His Majesty the King of Denmark and Norway, to the Convention between Great Britain and Russia, of the tVth June, 1801. (Translation as laid before Parliament.) In the Name of the Most Holy and Undivided Trinity. His Majesty the Kbg of the United Kingdom of Great Britain and Ireland, and His Majesty the Emperor of all the Russias, * Renewed hy Article YII. of the Treaty of Kiel, 1814. dassemarc. ^ . Y^^ dtsirmii^^^^ <Je terminer de la mani^rc ^,^^j irf-*^'*'*^^ AlSirends survenus entre Elles, et encore Ik 9^ ^'****Hfrt«£iM? ^^ '^* *"^* Puissances Maritimes da ^^ A *'^**j- h navigation de Leurs sujets respectifs, conclu ^ ai*. *• '*-!'* . ^ p3|. I^urs P16nipotentiaires, k St. P^ters- ^ t',*««*'**r j^ I, piisente ann^e ; et Lqur commune solU- *^^' dant pa« seulement d pr6venir de semblables •*" *, Y^yenir, et les troubles qui pourraient en etre la »ihrv«»^ rfjarion et Tapplication d Leurs Monarchies respec- !«i»»K'« ?**^^^|-p^5 et des droits de la neutralit^^ mais encore, k «•**• lisystkme conimun et £galement avantageux aux Puis- ^ '^^Warfrimes du Nord ; il a ilk 8tipul6 par T Article IX. de ■'■•* /^lovenUon, que Sa Majest6 Danoise seroit invitee par Sa rj\L|< r£inpcreur de toutes les Russies, au nom des hautes ^j^ dbntractantes^ k acc6der k la dite Convention : et Sa MMiesti le Roi de Dannemarc et de Norv^ge, anim6 des memes Igfi'meos de paix et de conciliation, d^sirant d'^loigner tout ce ^ g pu ou pourroit k I'avenir alt£rer la bonne intelligence entre gg Majesty Britannique et Elle, et de r^tablir cette ancienne ^annonie enti^reraent sur I'ancien pied, ainsi que T^tat des choses, (el qu'il subsistait par Ses Trait6s et Conventions avec la Grande Bretagne, Sa dite Majest6 n*a point h6sit6 de Se rendre si Vinvita- tion qui lui a 6t6 faite d'acc^der k la dite Convention, sign6e k St. P^tersbourg, le -fj Juin dernier. Pour parvenir k ce but salutaire, et donner k cet Acte d' Acces- sion et k Tacceptation de Sa Majesty Britannique toute Tauten- ticit6 dont il est susceptible, et le rev^tir des solemnit^s d'usage, Leurs dites Majest^s ont nomm6 pour Leurs P16nipotentiaires, savoir : Sa Majesty le Roi du Royaume Uni de la Grande Bre- tegne et de I'lrlande, Alleyne Lord Baron St. Helens, Pair du dit Royaume Uni, du Conseil Priv6 de Sa dite Majest6, et Son Anibassadeur Extraordinaire et Pl6nipotentiaire pr^s Sa Majest6 I'Empereur de toutes les Russies; et Sa Majeste le Roi de Dan- nemarc et de Norv^ge, le Sieur Fransois Xavier Joseph Comte de Danneskiold Lowendal, et du Saint Empire, Chevalier de 1 Ordre de St. Jean de Jerusalem, G6n6ral Major au service de Sa Majesty Danoise, Chef de son corps de la Marine, et Son DENMARK. , * 807 haviogy in pursuance of Their mutual desire to terminate) in the most equitable manner^ the differences which had arisen between Tbem^ as well as between Great Britain and the other Maritime Powers of the North, respecting the navigation of Their respec- * tive subjects, concluded a Convention, signed by their Plenipoten- tiaries, at St. Petersburgh, the -fV June, of the present year : and Their common solicitude extending itself not only to prevent similar altercations in future, and the troubles which might result there^ from, by establishing and applying the principles and rights of neutrality in Their respective Monarchies, but also, to render this system common and equally advantageous to the Maritime Powers of the North; it was stipulated by Article IX. of tlie said Convention, that His Danish Majesty should be invited by His Majesty the Emperor of all the.Russias, in the name of the high Contracting Parties, to accede to the said Convention ; and His Majesty the King of Denmark and Norway, animated with the same sentiments of conciliation and peace, and desirous of removing every thing which has interrupted, or might hereafter interrupt the good understanding between Their Britannic and Danish Majesties, and to re-establish fully on its former footing the ancient harmony and state of things, such as they existed by His Danish Majesty's Treaties and Conventions with Great Britain, His said Majesty has not hesitated to listen to the invita- tion made to Him to accede to the said Convention, signed at St. Petersburgh, the ^ June last. To effect this salutary purpose, and to give to this Act of Accession, and to the acceptance of His Britannic Majesty, every possible authenticity, and every accustomed solemnity. Their said Majesties have named for their Plenipotentiaries, viz. — His Majesty the King of the United Kingdom of Great Britain and Irelafid, Alleyne Lord Baron St. Helens, a Peer of the said United Kingdom, one of His said Majesty's Most Honourable Privy Council, and His Ambassador Extraordinary and Plenipo- tentiary to His Majesty the Emperor of all thjB Russias ; and His Majesty the King of Denmark and Norway, the Sieur Francis Xavier Joseph Count de Danneskiold Lowendal, Count of the Holy Roman Empire, Knight of the Order of St. John of Jerusalem^ Major General in the service of His Danish Majesty, a08 DANNEMARC. £nvoy6 Extraofdinaire^ et Ministre Pl^nipotentiaire auprds de St Maje8t6 TEmpereur de toutes les Rassies ; lesquels, apr^s avoir £chaiig6 entre eux leura PleinsYpouvoirs^ trouv^s en bonne et due forme^ ont conclu et arrfet^, que tous les Articles de la Conven- tion condue entre Sa Majest6 le Roi du Royaume Uni de la Gran4e Bretagne et de I'lrlande, et Sa Majesty TEmpereur de toutes les Russies, le ^ Juin de la pr^sente ann6e, ainsi que ceux 86par6s qui y sont joints, et ceux additionnels, arr&t^s le /^ Octobre, IBOl, entre les P16nipotentiaires de Leurs ditesMajes* t68y en toutes leurs clauses, conditions, et obligations, doivent 6tre regard^s comme s'ils ^taient feits, convenus et arr&t^s, de mot k mot entre Sa Majesty Britannique et Sa Majest6 Danoise EUes mimes, en quality de Parties Principales Contractantes, aux diffi^rences pr^ qui r^sultent de la nature des Trait^s et Engage- mens ant^c^demment subsistans entre. TAdgleterre et le Danne- marc, dont la continuity, et le renouvellement sont assures par la Sttsdite Convention ; et avec la stipulation expresse de la part des faautes Parties Contractantes ^t acc£dantes, que la stipulation de r Article II. des Articles additionnels sign^s k Moscou, le i^ Octobre, 1801, par les Pldnipotentiaires de. Leurs Majest^s. Bri- tannique et Impdriale, qui fixe que les jugemens, en dernier reff^ sort, des. causes en litige, seront £voqu6s, en Russie, au S^nat Dirigeant, et dans la Grande Bretagne, au Conseil du Roi, doit s'entendre par rapport au Dannemarc, que les dits jugemens y seront evoqu^s par devant le Tribunal Supreme de ce Royaume. Afin de pr^venir toute inexactitude, il a ^t6 convenu,'que la dite Convention sign^e le -ff Juin, (les Articles s6par6s y annexes,) et ceux additionnels arrit6s le ^ Octobre, 1801, seraient ins^r^s ici, de mot i mot, et ainsi qu'il suit: Convention entre la Grande Bretagne et la Russie. Signee cL St, Petersbourgy le -fj Juin^ 1 80 1 . Au Nom de la Tres-Sainte et Indivisible Trinit^. Le d^sir mutuel de Sa Majesty, le. Roi du Royaume Uni.de la . DENMARK. 209 Commander of His Marine Forces, and His Envoy Extraordinary aod Minister Plenipotentiary to His Ms^esty the Emperor of all the Russias ; . who, after having ' reciprocally exchanged their, full Pdwers, found to be in good and due form, have concluded and i^reed, that all the Articles of the Convention concluded between His Majesty the King of the United Kingdom of Great Britain and Ireland, and His Majesty the Emperor of all the Russias, the ^th June, of the present year, as well as the separate Articles annexed thereto, and the additional ones concluded the ^th Octo- ber, 1801, by the Plenipotentiaries of Their said Majesties, . in all the clauses, conditions, and obligations, are to be. considered as having been agreed upon, done and concluded, word for word, by Their Britannic and Danish Majesties Themselves, in quality of principal Contracting Parties, save and except the differences which result from the nature of the Treaties and Engageihents antecedently subsisting between England and Denmark, of which the continuance and renewal are secured by the aforesaid Con- vention ; and with the express stipulation on the part of the high Contracting and acceding Parties, that the stipulation of the Second Article of the Additional Articles, signed at Moscow, the ^th October, 1801, by the Plenipotentiaries of Their Bri- tannic and. Imperial Majesties, which fixes that the adjudication of causes in litigation shall, in the last resort, be carried by appeal, in Russia, before the Directing Senate, and in Great Britain before His Majesty's Privy Council, is to be understood, as, with regard to Denmark, that the said adjudications shall be there carried by appeal before the Supreme Tribunal of that Kingdom. In order to prevent any inaccuracy, it has been agreed that the said Convention, signed .the -fi^th June, (the separate Articles annexed thereto,) and the additional ones concluded the -jl^th October, 1801, should be inserted here, word for word, as fol- lows: Convention between Great Britain and Russia. Signed at St. retershnrghy the -ffth June, 180 J. (Translation as laid before Parliament.) In tlie Name of the Most Holy and Undivided Trinity. The mutual desire of His Majesty the King of the United VOL. I. p tlO DANN£MARC. Grande 'Brctagaecrde rirlande> et de Sa Majesty fEmperetix do toutesks Russiea^ 6taat| oon seulement de s'entendre entr'^eQea sur- lea diff^renda qui out alt£r6 en dernier lien la bonne intelliri gence et lea rapports d'amiti6 qui subsistaient entre les deux Elats, mais encore de prevenir i I'avance par des explicationSv firanches et precises, k I'egard de bi navigation de leurs sujeta respectifsy le renouveliement de semblables altercations, et le> troubles qui pourraient en &tre la suite ; et Fobjet de la conunune sollicitude de Leurs dites Majest^s £tant de parvenir le plut6t que £ure se pourra, k un arrangement Equitable de ces differends, et line fixation invafiable de leurs principes siir les droits de la neu« traiit^ dans leur appUcation d lienrs Monarchies respectives, a6n de resaerrer de plus en plus les liana jd'amiti6 et de bonne corre»- pondance dont EUes reconnoissent Tutilit^ et les avantages, EUes ont nomm6 et choisi pour leurs P16nipotentiaires, savoir: Sa Majesty le Roi du Royaume Uni de la Grande Bretagne et de rirtande^ Allieyne Lord Baron St. Helens, Conseiller Priv6 de Sa dite Majesty, et Son Ambassadeur Extraordinaire et Pi^nipoteii<» tiaire pr^s Sa Majest6 TEmpereur de toutes les Russies ; et Sa Majesti rEmpereiir de toutes les Russies, le Sieur Nikita Comto de Panin, Son Conseiller Priri actuel, Ministre d'Etat au D^ partement des Affaires Etrang^res, Chambellan actuel. Chevalier Grand Croix, de I'Ordre de St. Alexandre Newsky, de St Anne de la Premise Classe, de celui de St. Ferdinand, et d« M^rite, de I'Aigte Roi^e, et de St. Lazare ; lesquels apr^s s'toe conunuuiqu6 leurs Pleins*pouvoirs, et les avoir trouv^s en boqne et due forme, sont convenus des Points, et Articles suivans : L II y aura d^sormais entre Sa Majesty Britannique, et Sa Majeste Imp^riale de toutes les Russies, leurs Sujets, Etats, et Pays de leur domination, bonne et inalterable amiti6, et intelli- gence, et subsisteront comme par le pass6, tons les rapports politiques, de conmierce, et autres d'une utilit6 commune, entre les sujets respectifs, sans qu'ils puissent Stre troubles ni inqui6t6s en manidre quelconque* • II. Sa Majesty Britannique et Sa Majeste I'Empereur de toutes les Russies, d6clarent vouloir tenir la main k la plus DENMARK. Sit Kingdom of Great Briuio and Ireland^ and of His Majesty tha Emperor of all tlie RussiaSy being not only to come to an under** standing between themselves with respect to the differences which have latejy mtemipted the good onderlstanding and friendly relations which subsisted between the two States ; but also to prevent^ by frank and precise explanations .upon the navigation of their respective subjects, the renewal of similar altercations and troubles which might be the consequence of them ; and the com- mon object of the solicitude of Their said Majesties being to settle, as soon as can be done, an equitable arrangement of those difference^ and an invariable determination of their principles upon the rights of neutrality, in their application to Their respeo* tivis Monarchies, in order to unite more closely the ties of friend- ship and good intercourse, of which they acknowledge the utility and the benefits ; have named and chosen for their Plenipoten- tiaries, viz. His Majesty die King of the United Kingdom of Great Britain and Ireland, AUeyne Lord Baron St. Helens, His said Majesty's Privy Counsiellor and His Ambassador Extraor- dinary and Plenipotentiary to His Majesty the Emperor of all the Riissias; and His Majesty the Emperor of all the Russias, Sieur Nikita Count de Panin, His Privy Counsellor, Minister of State for the Department of Foreign Affairs, present Chamberlain,^ Knight Grand Cross ,of the Order of St. Alexander Kewsky, md of St. Akme of the First Class, of that of St. Ferdinand, and of Merit, of the Red Eagle, and of St Lazarus ; who, after having communicated their respective full Powers, and found Unem m good and dtie form, have agreed upf»n the followbg Points and Articles .: . I. Thene shall be hereafter between His BrtUmnic Majfistj' and His Imperial Majesty of all the Russiajs, their Sulgeots, the States and Countries under their dominion, goodi and unaberabk. iiiaikdsliip and understanding, iand ail the politiipal, cojnmenitiy and odier relations of Common utility betweien the respodUAre sub- jects, shall subsist as formerly, without their being .disturbed cht troubled in tmy manner whatever. ' : n. Qis. Bcitannic ^Majesty apd :tlie ^EinpeocH' cif ,ali the finssiaiS^ dselare, that tkeif^ will watc^-btidr the most ligaj^Dwp.exfacatien mi. p 2 fil2 DANNEMARC rigoureuse execution des defenses port6es coutre le commerce At contrebande de leurs sojets avec les ennemis de Tune ou de Tautre des deux hautes Parties Coiitractantes. III. Sa Majesty Britamiiqae et Sa Majesty Imp6riale de toutes les Russies ayant r6solu de mettre sous une sauvegarde suffisante la liberty du commerce et de la navigation de leurs sujets^ dans le cas oil Tune d'entPellea^ serait en guerre, tandis que Vautre reste* rait neutre, EUes sont con venues : 1 . Que les vaisseaux de la Puissance neutre pourront naviguer librement aux ports, et sur les c6tes des nations en guerre. 2. Que les effets erabarqu6s sur les vaisseaux neutres seroot libres k Texception de la contrebande de guerre, et des propri6t^ ennemies ; et il est convenu de ne pas comprendre au nom des derbies, les marchandises du produit, du crii, ou de la manufec- tore des pays en guerre, qui auraient et6 acquises par des sujets 'de la Puissance neutre, et seraient transport^espourleurcompte; leaqueiles marchandises ne peuvent 6tre except6es en aucun cas de ia franchise accord6e au pavilion de la dite Puissance. 3. Que pour 6viter aussi toute Equivoque et tout m^sentendu sur ce qui doit ^tre qualifi6 de contrebande de guerre, Sa Majesti Britannique et Sa Majesty Imp6riale de toutes les Russies d6clarent, conformiment si T Article XI. du Traits de Commerce conclu entre les deux Couronnes, le -^ F^vrier, 17979 qu'elles ne reconnaissent pour tels que les objets suivans, savoir : canons^ mortiers, armes-d-feu, pistolets, bombes, grenades, boulets, balles, fusils, pierre8«d-feu, m^ches, poudre, salp^tre, soufre, cuirasses, piques, 6p6es, ceinturons, gibemes, selles et brides, en exceptant toutefois la quantity des susdits articles qui pent ^tre n6cessaire pour la defense du vaisseau et de ceux qui en composent T^qui- page ; et tous les autres articles quelconques non d6sign6s ici, ne seroot pas reputes munitions de guerre et navales, ni sujets i confiscation, et par consequent passeront librement, sans ^tre assujettis i la mobdre difficult^ ^ ,moins qu'ils ne puis&ent 6tre reputes propriety ennemies, dans le msob m^tA d-dessus. II est tfussi ccmveno qoe cc qui est stipul£ dans le priseot ArticLe ne portmra aocoD prifadice aut stipidations particoli^res de Tune ou DENMARK. 2\5 the proUbitibns against the trade of contraband of their Subjects with the enemies of either of the two high Contracting Parties. - III. His Britannic Majesty and His Imperial Majesty of all the Russias, having resolved to place under a su£Scient safeguard the freedom of commerce and navigation of their subjectS| in case one of them shall be at war, whilst the other shall be neuter, have agreed : 1. That the ships of the neutral Power may navigate freely to the ports, and upon the coasts of the nations at war. 2. That the effects embarked on board neutral ships shall be free, with the exception of contraband of war, and of enemy's property ; and it is agreed not to comprise under the deno- mination of the latter, the merchandize of the produce, growth, or manufacture of the countries at war, which should have been acquired by the subjects of the neutral Power, and should be transported for their account, which merchandize cannot be excepted in any case from the freedom granted to the flag of the said Power. 3. That in order to avoid all equivocation and misunderstand- ing of what ought to be considered as contraband of war, His Britannic Majesty, and His Imperial Majesty of all the Russias, declare, conformably to Article XI. of the Treaty of Com* merce concluded between the two Crowns, on the I0th(21st) February, 1797, that they acknowledge as such the following articles only, viz. — Cannons, mortars, fire-arms, pistols, bombs, grenades, balls, bullets, firelocks, flints, matches, gunpowder, saltpetre, sulphur, cuirasses, pikes, swords, sword-belt^, knap- sacks, saddles and bridles, excepting, . however, the quantity of the said articles which may be necessary for the defence of the ship and those M'ho compose the crew; and all pther articlea whatever not enumerated here shall not be reputed warlike and naval stores, nor be subject to confiscation, and of course shall pass freely, without being subjected to the smallest difficulty, unless they be considered enemy^s property in the aeose above specified. It is also agreed, that that which is stipulated in thQ present Article shall not be prejudicml to th^ particular stip.ula-* v3 £14 DANNEMARC. de Tautre Coutonne, arec d'autrefl PuisMiiees^ par lesqudles dei objeUi de pareil genre seroient tUetv6$, prohibia on permit. 4. Que poor dStenniner ce qni caract^rise an port hloqui, on n'accorde cette dteomination qu'i ce\\ii oiiily ^, par la disposi^ tion de la Puissance qui Tattaque, avec des vaisseaux, arr^t^s^ ou suffiaamment proches, uti danger Evident d'entrer, 5. Que les vaisseaux de la Puissance neutre ne peuvent &tre arr^tes que aur des jnstes causes^ et faits 6videns ; qu'ils soient jug^s sans retard ; et que la procedure soit toujours uniforme^ promptei et l^ale. Pour assurer d'antant mieux le respect d& k ces stipulations^ dict^s par le d6sir sincere de concilier tons les int6r&ts, et donner une nouvelle preuve de leur Ioyaut6 et de leur amour pour la justice, les haiites Parties Contractantes prennent ici Tengage^ ment le plus formal de renouveller les defenses les plus s^v^res i leur Capitainesy soit de haut-bord, soit de la marine marchandei de charger, tenir ou rec£ler ii leurs bords, aucuns des objets qui^ aux termes de la pr6sente Convention, pourraient ^tre r6put6s de contrebande, et de tenir respectivement la main d I'ex^cution des ordres qu^elles auront publics dans leurs Amiraut6s, et partout oh besoin sera. .IV. Les deux hautes Parties Contractantes voulant encore pr^venir tout sujet de dissention k Tavenir, en limitant le droit de yisite des vaisseaux marchands allant sous convoi, aux seuls ca^ oh la Puissance Bellig^nte, pourroit essuyer un prejudice ri6el par Tabus du pavilion neutre, sont convenues : 1. Que le droit de visiter les navires marchands appartenans aux sujets de Tune des Puissances Contractantes, et naviguaot sous le convoi d'un vaisseau de guerre de la dite Puissance, ne pera exerc6 que par les vaisseaux de guerre de la Partie Bellige^ nmte, et ne s'entendra jamab aux armateurs, corsaires ou autres b&timens qui n'appartiennent pas d la flotte royale ou imp^ale de leurs Majest^s, mais que leurs sujets auroient arm^s en guerre. 9* Que les propri^taires de tous les navires marchands, appar-* tenans aux sujets de Tun des Souverains Contractans, qui aeront destines & aller sous convoi d'un vaisseau ^e guerre, seront tenus ayant qu'ils ne re^oivent leurs instructions de navigation, de pro-? DENMARK. 915 ^oos of one or th^ otibter Cro'wn widi other Pov^ers, b]r wliich articles of a similar kind should 6e ffe8erVed> p3K>hibked> or per- mitted. , 4. That in order to determine what characterises a blockaded port, that denomination is given only to a port where diere is^ by the dispositions of the Power which attacks it with ships^ sta- tionary, or sufficiently near, an evident danger in entering. 5* That the ships of the neutral Power shall not be stopped but upon just causes and evident facts : that they be tried with- out delay, and that the proceeding be always uniform, prcnnpt, and legal. In order the better to ensure the respect due to these stipula- tions, dictated by the sincere desire of conciliating every interest, and to give a new proof of their uprightness and love of justice, the high Contracting Parties enter here into the most formal engagement to renew the severest prohibitions to their Captains, whether of ships of war or merchantmen, to take^ keep, or con- ceal on board their ships, any of the articles which, in the terms -of the present Convention, may be reputed contraband, and re- spectively to take care of the execution of the orders which they ahall have published in their Admindties, and wherever it shall be necessary. IV. The two high Contracting Parties, wishing also to prevent •all subject of dissention in future, by limiting the right of search of merchant ships going under convoy, to those cases only, in which the Belligerent Power might experience a real prejudice by the abuse of the neutral flag, have agreed : 1. That the right of searching merchant ships belonging to the subjects of one of the Contracting Powers, and navigating under convoy of a ship of war of the said Power, shall only be exercised by ships of war of the Belligerent Party, and shall never extend to letters*of-marque, privateers, or other vessels, which do not belong to the Royal or Imperial fleet of their Majesties, but which their subjects shall have fitted out for war. 2. That the proprietors of all merchant ships belonging to the subjects of one of the Contracting Sovereigns, which shall be destined to sail under convoy of a ship of war^ shall be required, before they receive their sailing x)rders, to produce to the coni- p 4 216 DAN'NEMARC. duire au comanaiidant da TfiiMeau de convoi, leurs passeports et certificata ou lettres de mer dans la' forme annex^e au present Trait6. S. Qae lorsqu'an tel viaiisseau de guerr^, ayant sous convoi des navirea marchands, sera rencontr6 par un vaisseau ou des ▼aisseaux de guerre de I'autre Partie Contractante, qui se trouvera alors en 6tat de guerre; pour 6viter tout d6sordre, on se tiendra hors de la port6e du canon, k moins que F6tat de la mer, ou le lieu de la rencontre ne n6cessite un plus grand rapprochement'; et le commandant du vaisseau de la Puissance Bellig^rante, en- verra une chaloupe d bord du vaisseau de convoi, oii il sera pro- c6d6 r^ciproquement k la verification des papiers et certificats qui doivent constater d'un part, que le vaisseau de guerre neutre est autoris6 k prendre sous son escbrte tels ou tels vaisseaux'mar- chands de sa nation, charg6 de telle cargaison, et pour tel port; de Tautre part que le vaisseau de guerre de la Partie Bellig^rante, appartient k la flotte Royale ou lmp6riale de leurs Majest^s. 4. Cette verification faite, il n*j aura lieu k aucune visite, si les papiers sont reconnus en rigle, et s'il n'existe aucun motif valable de suspicion. Dans le cas contraire, le commandant du vaisseau de guerre neutre, (j 6tant ddemeut requis par le commandant da vaisseau ou des vaisseaux de la Puissance Bellig6rante), doit amener et d^tenir sou convoi, pendant le terns n6cessaire pour la visite des bfttimens qui le composent ; et il aura la faculty de nommer et d6l6guer un ou plusieurs officiers pour assister k la visite des dits bfttimens, laquelle se fera en sa presence sur chaque b&timent marcliand, conjointement avec un ou plusieurs officiers pr^pos^s par le commandant du vaisseau de la Partie Bellig^rante. 5. S'il arrive que le commandant du vaisseau ou des vaisseaux de la Puissance en guerre, ayant examine les papiers trouv6s k bord, et ayant interrog^ le maitre et T^quipage du vaisseau, ap- percevra des raisons justes et suffisantes pour d^tenir le navire marchand, afin de proc6der k une recherche ult^rieure, il notifiera cette mtention au commandant du vaisseau de convoi, qui aura le pouvoir d'ordonner k un officier de rester k bord du navire ainsi d6tenu, et assister k I'examen de la cause de sa detention. X« navire marchand sera amen6 tout de suite au port le plus DENMARK. £17 mander of the convoy, their passports and certificates, or sea letters, in the form annexed to the present Treaty. 3. That when such ship of war, having under convoy merchant ships, shall be met with by a ship or ships of war of the other Contracting Party, who shall then be in a state of war, in order to avoid all disorder, they shall keep out of cannon shot, unless the state of the sea, or the place of meeting, render a nearer ap- proach necessary ; and the commander of the ship of the Belligerent Power shall send a boat on board the convoy, where they shall pro- ceed reciprocally to the verification of the papers and certificates that are to prove on one part,.that the ship of war is authorized to take under its escort such or such merchant ships of its nation, laden with such a cargo, and for such a port : on the other part, that the ship of war of the Belligerent Party belongs to the Royal or Imperial fleet of their Majesties. 4. This verification made, no search shall take place, if the papers are found in form, and if there exists no good motive for suspicion. In the contrary case, the commander of the neutral ship of war (being duly required thereto by the commander of the ship or ships of war of the Belligerent Power) is to bring to and detain his convoy during the time necessary for the searcb of the ships which compose it, and he shall have the faculty of naming and delegating one or more officers to assist at the search of the said ships, which shall be done in his presence, on board each merchant ship, conjointly with one or more officers appointed by the commander of the ship of the Belligerent Party. . . 5. If it happen that the commander of the ship or ships of the Power at war, having examined the papers found on board, and having interrogated the master and crew of the. ship, shall see just and sufficient reason to detain the merchant ship in order to proceed to an ulterior search, he shall notify such intention to the commander of the convoy, who shall have the power to order an officer to remain on board the ship thus detained,, and to assist at the examination of the cause of her detention. The merchant ship shall be carried immediately to the nearest and most ccmve* S18 DANNEMARC. prochey et le plus convenable, appartenant itia Puissance Bd& ginnte, et la recherche ult^rieure sera conduite avec toute la dHi- geoce possible. V. U est ^galemeot convenii que si quelque navire marchand, aiiisi convoj6y itoit deteuu sans une cause juste et suffisante, le commandant du vabseau ou des vaisseaux de la Puissance Belli* g^rante sera non seulement tenu envers les propri6taires du na- vire et de la cargaison, k une compensation pleine et parfiaite, pour toutes pertes, fraix^ dommages, et d^penses occasionn^s par une telle detention, mais il subira encore une punition ult^rieure poor toot acte de violence on antre fante qu'il auroit commise, auivant ce que la nature du cas pourroit exiger : par contre il ne aera point permis, sous quelque pr^texte que ce soit, au vaisseau de convoi, de s'opposer par la force k la d6tention du navire ou des navires marchands, par le vaisseau ou les vaisseaux de guerre de la Puissance Bellig^rante ; obligation k laquelle le comman- dant du vaisseau de convoi n*est point tenu envers Jes corsaires et armateurs* VI. Les hautes Parties Contractantes donnaront des ordres pricis et efficaces pour que les sentences sur les prises fiaites eo mer soient conformes aux r^les de la plus exacte justice et equit6; qu'elles soient rendues par des juges non suspects^ et qui ne aownt point int6ress6s dans I'affaire dont il sera question. Le Gouvemement des Etats respectifs veillera 4 ce que les dites sen- tences soient promptement et duement ex^cut^es, selon les formes prescrites. Et en cas de detention malfond^e ou autre contra^ vention aux r^les stipnl^es par le present Article, il sera accord6 aux propri6taires d'un tel navire et de la cargaison dea d6doni- magemens proportionn^s k la perte qu*on leur aura occasionn^e. Les regies k observer pour ces d6dommagemens et pour le ciis de detention malfond^, de m6me que les principes k suivre pour acc6l6rer les proc^dures^ feront la mati^re d'Articles Additionmets, que les Parties Contractantes conviennent d'arreter entre elies, et qui auront m^me force et valeur que s'ils 6toient ins^r^s dans le present Acte. Pour cet effkt leurs Majest6s Britannique et Im^ p6riale s'engagent mutuellement de mettre la main k Tceuvresdt lutaire qui doit servir de complement k cea stipulations^ et de se commumquer sans d^lai, les vues que leur sugg^rera leur ^ale DENMARK. ei9 ment port belongbg to the Belligeroif Power, and tbe ulterior search shall be carried on with all possible diligence* * y. It is in like manner agreed, that if any merchant ship thns convoyed should be detained without just and sufficient cause, the commander of the ship or ships of war of the Belligerent PoWer shall not <Hily be bound to make to the owners of the ship and of the cargo, a full and perfect compensation for all the losses, expences, damages, and costs, occasioned by such a detention, but shall moreover undergo an ulterior punishment for every act of violence or other fault which he may have committed, according as the nature of the case may require. On the other hand, the convoying ship shall not be permitted, under any pretext what- soever, to resist by force the detention of the merchant ship or ships by the ship or ships of war of the Belligerent Power ; an obligation to which the commander of a ship of war with con« voy is not bound to observe towards letters-of-marque. and pri- vateers. VI. The high Contracting Parties shall give precise and effi- cacious orders, that the judgments upon prizes made at sea shall be conformable with the rules of the most exact justice and equity ; that they shall be given by Judges above suspicion, and who shall not be interested in the affair in question. Tbe Government of the respective States shall take qare that the said decisions shall be speedily and duly executed, according to the forms |)re8cribed« And in case of an unfounded detention, or other ccmtravention to Uie regulations stipulated by the present Article, the owners Of such ship and cargo shall be allowed damages proportioned to the loss occasioned thereby. The rules: to observe for these damages, and for the case of unfounded detention, as also the principles to follow for the purpose of accelerating the process, tfball be the matter of Additional Articles, which the Contracting Parties agree to settle between them, and which riiall hdve the same force and validity as if they were inserted in the present Act. For this effect, their Britannic and Imperial Majesties mutually engage to put their hand to the salutary work^ which may serve for the completion of these stipulations, and to. communical^ to each other, without delay, the views which may be suggested to «M DANNEMARC. •oUicitade pour pr^enir les moindres suj^ts de contestation ii Tavenir. VII. Pour obvier k tons les inconv6niens qui peuvent provenir 4e h manvaise foi de ceux qui se s^rent du pavilion d'une nation, fans lui appartenir,' on convient d'6tablir pour r^gle inviolable qu'un bitiment quekonque, pour &tre regard^ comme propri^t^ du pays dont il porte le pavilion, doit avoir ^ son< bord le capitaine du vaisseau et la moiti6 de I'^quipage des gens du pays, et les papiers et passeports en bonne et due forme : — mais tout hku^ ment qui n'observe pas cette r^gle et qui contreviendra aux ordonnances publi6es k cet effet, perdra tous les droits a la pro- tection des Puissances Contractantes. VIII. Les principes et les mesures adopt^s par le present Acte sei'ont 4galement applicables d toutes les guerres niaritimes oh I'une des deux Puissances seroit engag^e tandis que Tautrc resteroit neutre. Ces stipulations seront en consequence r^gar- dies comme permanentes, et serviront de r^gle constante aux Puissances Contractantes, en mati^re de commerce et de navi- gation. IX. Sa Majesty le Roi de Dannemarc, et Sa Majeste le Roi de Su^de, seront imm^diatement invites par Sa Majest6 Imp^ riale> au nom des deux Puissances Contractantes, a acc6der d la pr^sente Convention, et en m^me tems k renouveller et confirmer leurs Trait6s respectifsde commerce avec Sa Majest^ Britannique, et Sa dite Majest^ s'engage, moyennant les Actes qui auront co&- stat6 cet accord, de rendre et restituer k Tune et a I'autre de ces Puissances toutes les prises qui ont 6t6 faites sur elles, ainsi que les terres et pays de leur domination, qui ont 6td conquis par les armes de Sa Majesty Britannique, depuis la rupture, dans I'etat oh se trouvaient ces possessions k I'ipoque oii les troupes de Sa Majest6 Britannique y sont entries. Les ordres de Sa dite Ma« jest6 pour la restitution de ces prises et de ces conqu^tes seront exp^di^s imm^diatement apr^s I'echange des ratifications, des Actes par lesquels la Su^de et le Dannemarc acc6d6ront au pr^. sent Trait6. X. La pr^sente Convention sera ratifi6e par les deux. Parties Contractantes, et les ratifications 6chang6es k St. Peter&bourg DENMARK. S2I « Uiein by their equal solicitude to prevent the least grounds for dispute in future. VII. To obviate all the inconveniencies which may arise from the bad faith of those who avail themselves of the flag of a nation without belonging to it, it is agreed to establish for an inviolable rule, that any vessel whatever, in order to be considered as the property of the country, the flag of which it carries, must have on board the captain of the ship, and one half of the crew of the people of that country, aird the papers and passports in due and perfect form ; but every vessel which shall not observe this rule, and which shall infringe the ordinances published on that head, shall lose all rights to the protection of the Contracting Powers. Vltl. The principles and measures adopted by the present Act shall be alike applicable to all the maritime wars in which one of the two Powers may be engaged, whilst the other remains neutral. These stipulations shall in consequence be regarded aa permanent, and shall serve for a constant rule to the Contracting Powers in niatters of commerce and navigation. IX. His Majesty the King of Denmark, and His Majesty the King of Sweden, shall be immediately invited by His Imperial Mi^esty, in the name of the two Contracting Parties, to accede to the present Convention, and at the same time to renew and con* flrm their respective Treaties of commerce with His Britannic Majesty ; and His said Majesty engages, by Acts which shall have established that agreement, to render and restore to each of these Powers, all the prizes that have been taken from them, as well as the territories and countries under their dominion, which have been conquered by the arms of His Britannic Majesty since the rupture, in the state in which those possessions were found at the period at which the troops of His Britannic Majesty entered them. The orders of His said. Majesty for the restitution of those prizes and conquests shall be immediately expedited after die exchange of the ratifications of the Acts by which Sweden and Senmark shall accede to the present Treaty. < X. The present Convention shall be ratified by the two Con- tracting Parties, and the ratifications exchanged at St. Petersburgh «M DANNEMARC duM Pef ptce de deux motB, pour toat cl6lai, d, compter du jour de la signature. Ea foi de quoi lea Pttnipotentiaires respectifs en ont fait faire deux exemplairea parfaitement semblablesy sign^s de ieurs mains, et y out apposi le aceau de Ieurs armes. Fait i St Petersbourgy le -ff Juin, 1801 . Signi St. Helens, (L. S.) N. Cte. de Panin, (L. S.) FORMULAIRE des Passeports et Lettres de Mer qui doivent ttre dilivr6s dans les Amiraut6s respectives des Etats des hautes Parties Contractantes, aux vaisseaux et b&tiniens qui en sortiront cooformiment ii I'Article IV, du present Trait6. Fwons savoir que nous avons donn6 cong6 et permission ft N— , de la ville ou lieu de N , maitre ou conducteur du ▼aisseau N , appartenant k N , du port de N , ton- oeaux oa environ, qui se trouve ft present au port et havre de N , de s'en aller ft N, charg6 de N , pour le comte de N , apr^s que la visite de son vaisseau aura 6t6 faite avant son depart selon la maniire usit^e par les officiers prepos&s ft cet eflfet ; et le dit N , ou tel autre fond6 de pouvoirs pour le remplacer, sera tenu de produire dans chaque port ou havre oik il entrera avec le dit vaisseau, aux officiers du lieu le present cong6, et de porter le pavilion de N , durant son voyage. En foi de quoi, &c. Articles Additionnels a la Convention entre la Grande Bre- tagne et la Russief conclue i St, Pitersbourg^ le -fy Juin^ 1 80 1 . Signes d Moscou, le ^ Octobre, 1 80 i . Comme par I'Article VI. de la Convention conclue le -fif Juiiiy 1801, entre Sa Majest6 Britannique et Sa Majesty Imp^dab de toutes les Russies, il a 6t6 stipule que les deux hautes Parties ContracUntes arr^teraient entre dies des Articles Adr ditionnels qui fix6raient les regies et les principes ft suivre. DENMARK. u$ in the q)ace of two months at furthest, from the day of the aig^ nature^ In faith of vi^hich the respective Plenipotentiaries have cauied to be made two copies thereof, perfectly similar, signed with their hands, and have caused the.seal of their arms to be affixed thereto* Done at St. Petersburgh the -fj June, 1801. Signed St. Helens, (L.S.) N. Cte. De Panin, (L«S«) FORMULA of the Passports and Sea Letters which are to be delivered, in the respective Admiralties of the States of the two high Contracting Parties, to the ships and veaaeh$ which shall sail from them, conformable to Article IV. of the present Treaty. Be it known that we have given leave and permission to N , of the city or place of N , master and conductor of the ship N , belonging to N , of the port of N, of tons or thereabouts, now lying in the port or harbour of N , to sail from thence to N, laden with N , on account of N ^ after the said ship shall have been visited before its departure in the usual manner by the officers appointed for that purpose ; and the said N , or such other as shall be vested with powers to. replace him, shall be obliged to produce in every port or harbour which he shall enter with the said vessel to the officers of the place, the present licence, and to carry the flag of N , during his voyage. In faith of which, &c. Additional Articles to the Convention between Great Brt" tain and Russia, concluded at St, Petersburgh, the -fV June^^ 1801. Signed at Moscow, the -^th October, 1801. . Whereas by the Vlth Article of the Convention concluded the tVth June, 1801, between His Britannic Majesty and His Impe« rial Majesty of all the Russias, it was stipulated that the two high Contracting Parties should mutually agree on some Addi- tional Articles, which riiould fix the regulations and principles £M DANNEMARC. twat pour VmcciiinLtion des procedures judiciaires, sur des prises faites en mer^ que pour les d^dommagemens qui se- raieat dus aux propri^taires des navires et des cargaisons neatres; dans le.cas d*une detention malfond^e, leurs dites Ma- jesties out nomm6 et autoris6 'A cet effet, savoir : Sa Majeste le Roi du Royaume Uni de la Grande Bretagne et de llrlande, AUejne Lord Baron St. Helens, Pair du dit Royaume Uni, du Conseil Priv6 de Sa dite Majesty, et Son Ambassadeur Extra- ordinaire et Pl^nipotentiaire pris Sa Majesty TEmpereur de toutes les Russies ; et Sa Majest6 TEmpereur de toutes les Russies, le Sieur Alexandre Prince de Kourakin, Son Vice Chancelier, Conseiller Priv6 Actuel, Ministre du Conseil d'Etat, Chambellan Actuel, Grand Chancelier de TOrdre Souverain de St. Jean de Jerusalem, et Chevalier des Ordres de Russie, de St. Andr6, de St. Alexandre Newsky, de St. Anne de la premiere classe ; de ceux de Prusse, de I'Aigle Noir et de l' Aigle Rouge ; de ceux de Dannemarc, du Dannebrog et de la Parfaite Union; et Grand Croix de I'Ordre Souverain de St. Jean de Jerusalem ; et le Sieur Victor Comte de Kotschoubey, Son Conseiller Priv6 Actuely Ministre au D6parte^ent des Affaires Etrang^res, S6na- teur, Chambellan Actuel, et Chevalier des Ordres de St. Alex- andre Newsky, de St. Vladimir de la seconde classe ; et Com- mandeur de TOrdre Souverain de St. Jean de Jerusalem : les- quelsy en vertu de leurs Plein-pouvoirs respectifs, sont convenus des Articles suivans : — I. En cas de detention malfond^e ou autre contravention aux regies convenuesy il sera accord^ aux propri^taires du navire ainsi detenu, et de sa cargaison, pour chaque jour de retard, des d^dommagemens proportionn^s k la perte qu'ils auraient soufferte, en raison du Mi du dit navire et de la nature de sa cargaison. II. Si les ministres de I'une des hautes Parties Contractantes, ou autres personnes accreditees de Sa part, aupr^s de la Puissance Beiligerante, portaient des plaintes centre les jugemens qui auraient 6t6 rendus sur les dites prises, par les Cours des Ami- rautes respectives, I'affaire sera ^voqu^e, en Russie, au S^nat Dirigeant, et dans la Grande Bretagne, au Conseil du Roi. . 111. Des deux cotts on examinera soigneusement si les r^les DENMARK. 225 to be observed, as well for accelerating the judicial proceedings upon captures made at sea, as for the damages which shoidd be allowed to the owners of neutral ships and cargoes, in cases of unfounded detention, their said Majesties have named and authorised for this purpose, viz. His Majesty the King of the United Kingdom of Great Britain and Ireland, Alleyne Lord Baron St. Helens, a Peer of the said United Kingdom, one of His said Majesty *s Most Honourable Privy Council, and His Ambas- sador Extraordinary and Plenipotentiary to His Majesty the Em- peror of all the Russias ; and His Majesty the Emperor of all die Russias, the Sieur Alexander, Prince de Kourakin, His Vice- Chancellor, Actual Privy Counsellor, Minister of the Council of State, Actual Chamberlain, Grand Chancellor of the Sovereign Order of St. John of Jerusalem, and Knight of the Russian Orders of St. Andrew, of St. Alexander Newsky, and of St. Anne of the first class ; of those of Prussia, of the Black arid Red Eagles ; of those of Denmark of the Danebrog and of the Perfect Union ; and Grand Cross of the Sovereign Order of St. John of Jerusalem : and the Sieur Victor Count de Kotschoubey, His Actual Privy Counsellor, Minister for the Department for Foreign Affairs, Senator, Actual Chamberlain, and Knight of the Orders of St. Alexander Newsky, of St. Vladimir of the second class ; and Commander of the Sovereign Order of St. John of Jerusalem; who, in virtue of their respective full Powers, have agreed upon the following Articles : — I. In case of unfounded detention or other contravention of the established Regulations, the owners of the vessel and cargo so detained shall be allowed compensation for each day's demurrage, proportionate to the loss they shall have sustained, according to the freight of the said ship, and the nature of its cargo. II. If the ministers of one of the high Contracting Parties, or any other persons accredited by the same to the Belligerent Power, should remonstrate against the sentence which shall have been passed by the respective Courts of Admiralty upon the said captures, appeal shall be made in Russia, to the Directing Senate, and in Great Britain, to His Majesty *s Privy Council. lU. Care shall be taken, on both sides, scrupulously to VOL. I. o 026 DANNEMARC. et precautions 0tipii16^ dans la present Convention ont ^ observ^s^ ce qui devra 6tre fait avec toute la c^l6rit6 possitde: les deux hautes Parties Ccmtractantes s'engage^nt de plus ft adopter les moyens les plus efficaces pour que les jugemens de leurs diff^rens Tribunaux sur les prises fiaites en mer^ ne soi^nt sajets i aucun d61ai inutile. IV. Les effets en litige ne pourront 6tre vendus ni d6chai^ avant le jugement d^finitif, sans une n6cessit6 r^elle et pressadlei qui aura 6t6 constat^e devant la Cour de TAmiraut^^ et moyea- nant une commission autoris6e d cet effet : et il ne sera pokt permis aux capteurs de rien retirer ni enleTef de leur prppre autorit6 d'un vaisseau ainsi detenu. Ces Articles Additionnels, faisant partie de la Convention signie le ^ Juin, IBOI, aux noms de leurs Majest^s Britannique et Impiriale de toutes les Russies, auront la m^me force et valeur que s'ils 6taient ins6r6s mot k mot dans la dite Convention. En foi de quoi, nous soussign^s munis des Pleins-pouvoirs de leurs dites Majest^s, avons sign6 en leurs noms les pr^sens Arti- cles AdditionnelSy et y avons oppos6 le cachet de nos armes. Fait k Moscou le -^ Octobre, 1801. Sign6 St. Helens, (L.S.) Le Prince de Kourakin, (L.S.) LeComtb deKotschouiiey,(L.S.) En consequence de tout quoi, Sa Majest6 le Roi de Danne- marc accede, en vertu du present Acte, d la dite Convention, et aux dits Articles s^par^s et Additionnels, tels qu'ils sont transcrits ci-dessus, sans aucune reserve ni exception, declarant et promet- tant d'en accomplir toutes les clauses, conditions et obligations, en ce qui la conceme ; et Sa Majesty le Roi du Royaume Uni de la Grande Br^tagne et de Flrlande, accepte la.presente Acces- sion de Sa Majeste Danoise ; et promet pareillement d'en accom- plir k son £gard, sans aucune r4serve ni exception, toiis les Articles, Clauses, et Conditions, contenus d^ns la dite Conven- tion, les dits Articles s^par6s et Additionnels insures ci-dessus. DENMARK* 227 i^xamine whether the regulations and precautions agreed upon m the present Convention have been observed^ which shall be done with all possible dispatch. The two high Contracting Parties moreover mutually engage to adopt the most efficacious measures, in order to prevent the sentences of their several Tribunals, respecting captures made at sea, being subject to any unnecessary delay. - ly. The goods in litigation cannot be sold or unloaded before final judgment, ivithout an urgent and real necessity, which shaH have been proved before the Court of Admiralty, and by virtue of a commission to this e£fect; and the captors shall by no means be permitted to remove or take away, on their own Authprity, either openly or clandestinely, any thing from a vessel so detained. These Additional Articles, making 4part of the Convention signed the ^th June, 1801, in the names of their Britannic and Imperial Majesties, shall have the same force and validity as if they were inserted word for word in the said Convention. In witness whereof, we, the undersigned, furnished with the full Powers of their said Majesties, have signed, in their names, the present Additional Articles, and have affixed the seal of our arms thereto. Done at Moscow the ^October, 1801. Signed St. Helens, (L.S.) Le Prince de Kourakin, (L.S.) Le Comte de Kotschoubey, (L.S.) ■ In consequence of all which. His Majesty the King of Den- mark accedes, by virtue of the present Act, to the said Conven- -tion, and to the said separate and Additional Articles, such as they »are herein-before transcribed, without any exception or reserve, •declaring and promising to fulfil all the clauses, conditions, and obligations thereof, as far as regards Himself; and His Majesty "the King of the United Kingdom of Great Britain and Ireland, accepts the present Accession of His Danish Majesty, and in like manner promises, on His part, to fulfil all the Articles, Clauses, ~and Conditions contained in the said Convention, and the separate and Additional Articles herein-before inserted, without any except tion or reserve. q 2 2£8 DANNEMARC. Lea ratifications du present Acte d'Accession et d'Acceptatioi aeront ^hangfet dans Tespace de deux mois, ou plutdt si feire •e peaty et seront en m^me tems ex6cut£s le plus promptement possible les stipulations de la dite Convention ; en 6gard au r^ta- blissement plein et entier de I'itat des choses, tel qu'il existait avant Tipoque des m^sentendus, qui se trouvent heureusement lev^s dans le moment actuel. £n foi de quoi, nous soussign^s, en vertu de nos Pleins-pou- voirsy avons signi le present Acte, et y avons appo86 le cachet de nos armes. Fait k Moscou, le H Octobre, 1801. Sign6 St. Helens, (L.S.) F. X. J. Comte de Dan- NESKlOLD-LOWENDAL,(L.S.) TRAIXi; DE PAIX, entre la Grande Bretagne et le Danne- marc. Signe i Kiel, le 14 Janvier, 1814. EXTRAIT. I. D^ le moment de la signature du present Trait6, il j aura paix et amiti6 entre leurs Majest^s le Roi du Royaume Uni de la Grande Bretagne et de I'lrlande, et le Roi de Dannemarc, et entre leurs Royaumes, Etats, et sujets respectifs, dans toutes les par* ties du monde. Toutes les hostilit^s cesseront entr'eux, et toutes les prises faites sur les sujets des nations respectives seront r6gard6e8 d^s le jour de la signature du present Trait^, comme non avenftes, et seront restitutes de part et d'autre d leurs pro- pri^taires respectifs. II. Les prisonniers respectifs seront tout de suite apr^s 1*6- change des ratifications du present Trait6 rendus, en masse, en payant de part et d'autre les dettes particuli^res qu'ils auroient contract6es. III. Sa Majest6 le Roi du Royaume Uni de la Grande Bre- tagne et de rii;lande consent k restituer k Sa Majest6 le Roi de Dannemarc toutes les possessions et colonies conquises par les forces Britanniques dans le cours de la pr6sente guerre, avec Tex- DENMARK. 229 The ratifications of the present Act of Accession and Accept- ance shall be exchaqged in the space of two months, or sooner if possible ; and the stipulations of the said Convention shall, at the same time, be carried into execution as speedily as possible, regard being had to the full and Entire re-establishment of the state of things, such as it was before the period of the misunder- standings, which are now so happily terminated. In witness whereof, we, the undersigned, by virtue of our full Powers, have signed the present Act, and have thereunto affixed the seal of our arms. Done at Moscow, the ^th October, 1801. Signed St. Helens, (L.S.) F. X. J. Comte de Dan- NESKIOLD-LOWENDAL, (L.S.) TREATY OF PEACE, between Great Britain and Denmark. Signed at Kiel, \^th January, 1814. Extract. (Translation, as laid before Parliament.) I. From the moment of the signature of the present Treaty, there shall be peace and friendship between their Majesties the King of the United Kingdom of Great Britain and Ireland, and the King of Denmark, and between their respective Kingdoms, States, and subjects, in all parts of the world. All hostilities between them shall cease, and all prizes taken from the subjects of the respective nations shall be considered as null from the day of the signature of the present Treaty, and shall be restored on both sides to their respective owners. II. The respective prisoners of war shall, immediately after the ratification of the present Treaty, be restored, en masse, on payment, on both sides, of the private debts which they shall have contracted. III. His Majesty the King of the United Kingdom of Great Britain and Ireland consents to restore to His Danish Majesty all the possessions and colonies which have been conquered by the British arms in this present war, except the Island of Heli- Q3 2to DANNEMARC. ception de Tlsle de Heligolaiid, de laquelle Sa Majesty Britan- nique Se reserve la pleine et entidre souverainete. IV. La restitution des colonies se fera d'apr^s les m&mes regies et priocipes qoi furent adopt^s lorsque Sa Majesty Britannique restitua ces monies colonies d Sa Majesty Danoise dans Tannic 1801. Quant X I'lsle d'Anholt, elle sera restitute dans un mois apris la dite ratification^ i, moins que la saison et la difficult^ de la navigation ne Temp^chent absolument. VII. Les relations de commerce entre les sujets des deux hautes Parties Contractantes reprendront leur cours ordinaire, comme avant le commencement de la pr6sente guerre ; et elles sont de plus d'accord de s'entendre mutuellement et au plut6t, sur tout ce qui pourroit donner k ces relations plus de force et d'etendue. VIII. Sa Majest6 le Roi du Royaume Uqi de la Grande Bre-. tagne et de I'Irlande, et la nation Britannique, ayant extr^mement 'k coeur de mettre fin pour toujoucs au commerce des n^gres, Sa Majest6 le Roi de Dannemarc S'engage de concourir avec Sa dite Majest6, i consolider en autant qu'il depend d'elle, cette oeuvre de bienfiEtisance, et de d6fendre de la mani^re la plus efficace, et par les lois les plus solennelles, k tons Ses sujets d'avoir part k la traite des n^gres. XI. Les s6questres sur les propri6t6s de part et d'autre qui ne sont pas encore confisqu6es ou condamn^es, seront leves imm^- diatement apris la ratification du present Trait^. XII. Sa Majest6 le Roi de SuMe S'6tant engag6 par TAtficle VL du Traitfe d' Alliance avec Sa Majest6 Britannique, conclui Stockholm, le 3 Mars, 1813, d'accorder pendant la dur6e de vingt ans, k compter de T^change des ratifications du dit Trait6y aux sujets de Sa Majest6 Britannique, les droits d'entrepdt dans le port de Stralsund, pour toutes les denr6es productions et mar-* chandises, soit de la Grande Bretagne, soit de ses colonies, char- g6es sur des batimens Britanniques ou Su^dois, moyennant un droit d'entrepot pour toutes les denr^es et marchandises indis- DENMARK. 231 goland^ which His Britannic Majesty reserves to Himself with, full and unJimited sovereignty. ly. The restoring of the colonies shall be performed accord- ing to the same rules and principles which were laid down when His Britannic Majesty gave up to His Danish Majesty these same colonies in the year 1801. With regard to the Island of Anholt, it is agreed that it shall be given back one mouth after the ratification of the present Treaty^ unless the season and the difficulty of navigation should present insurmountable obstacles. Vn. The commercial relations between the subjects of the high Contracting Parties shall again return to the usual order, as existing before the present war began.* They moreover recipro- cally agree to adopt measures, as soon as possible, for giving the same greater force and extent. Vlll. His Majesty the King of the United Kingdom of Great Britain and Ireland, and the British nation, being extremely de- sirous of totally abolishing the Slave Trade, the King of Denmark engages to co-operate with His said Majesty for the completion of so beneficent a work, and to prohibit all His subjects, in the most effectual manner, and by the most solemn laws, from taking any share in such trade. XI. The sequestrations \vhich have been laid, by either of the Contracting Parties, on property not already confiscated or con- demned, shall be raised immediately after the ratification of this Treaty. XII. His Majesty the King of Sweden having engaged, by Article VI. of the Treaty of Alliance with His Britannic Majesty, concluded at Stockholm, the 3d of March, 1813, to grant for a period of twenty years, to be computed from the exchange of the ratifications of the said Treaty ,f to the subjects of His Britannic Majesty, the privileges of d6p6t in the port of Stralsund, of all articles being the growth or manufacture of Great Britain, or of her colonies, laden on board of British or Swedish vessels, on paying a duty of one per cent, ad valorem, on such articles and mer- • 1807. t IVatificatioai exchanged at Stockholm, T'th April, 1813. Q4 232 DANNEMARC. tioctement d'un pour cent^ ad valorem^ pour't'entr^e, et du miiae montant pour la sortie; Sa Majest^ le Roi de Dannemarc promet de remplir, en Sa nouvelle quality de Souverain de la Pomeranie SuMoise^ la dite stipulation, en substituant aux batimens Su6doi» ceux du Dannemarc. XIII. Tous les anciens Trait^s de paix et de commerce con* clus entre les pr^d^cesseurs de leurs Majest6s Britanniques et Danoises, sont rappell^s par le present Trait^, et r^tablis en vigueur dans leur teneur entiire, et dans toutes leurs clauses, en autant que celles-ci ne sont point contraires aux stipulations con- ten ues dans les Articles du Trait6 present. Fait i Kiel, le 14 Janvier, 1814. Sign6 Edward Thornton, (L.S.) Edmund Bourke, (L.S.) ARTICLES ADDITIONNELS au TraiU pricident. Signi i Liige, le 7 jivril, 1814. Extrait. I. Les Evacuations, cessions et restitutions, stipul6es par le sus-dit TraitE, seront exEcutees pour I'Europe dans le mois; pour les mers d'Am^rique, dans les trois mois ; pour le conti* nent et les mers d'Asie dans les six mois, qui suivront la ratifica- tion du Traits D^finitif. II. II est convenu en outre, que dans tous les cas de cessions stipulEes, il sera allouE aux habitans, de quelque condition ou nation qu'ils soyent, un terme de trois ans, A compter de la rati- fication du present Traitfe, pour dbposer de leurs propri6t6s acqui- ses et poss6d£es, soit avant, soit pendant la guerre ; dans lequel terme de trois ans ils pourront exercer librement leur religion, et jouu- de leurs propri£t£s. La m^me faculty est accord^e dans les pays restitu6s, k tous ceux, soit habitans ou autres, qui y auront ait des etablissemens quelconques pendant le terns oh, ces pays ^toient poss6d6s par la Grande Bretagne. DENMARK. 235 cfaftBdizey on import and export ; His Majesty the Kbg of Deb- mark promises to fulfil^ in His new character of Sovereign of' Swedish Ppmerania^ the said stipulation^ by substituting Danish for Swedish bottoms* * Xin. All the ancient Treaties of Peace and Commerce between the former Sovereigns of England and Denmark are hereby renewed in their full extent^ so far as they are not contra- dictory to the stipulations of the present Treaty. Done at Kiel^ the 14th January, 1814. Signed Edward Thornton, (L.S.) Edmund Bourke, (L.S.) ADDITIONAL ARTICLES to the preceding Treaty. Signed at Liege f 1th April, 1814. Extract. (Translation, as laid be/ore Parliament.) I. The evacuations, cessions, and restitutions, stipulated by the above mentioned Treaty, shall be executed in Europe within a month, in the seas of America within three months, and in the continent and seas of Asia within six months, after the ratifications of the Definitive Treaty. II. It is further agreed, that in all the cases of cession stipu<» lated, there shall be allowed to the inhabitants, of whatever con- dition or nation they may be, a term of three years, reckoning from the ratification of the present Treaty, to dispose of their property, acquired and possessed whether before or in the course of the war ; during which term of three years they shall be at liberty freely to exercise their religion, and to enjoy their pro^ perty. The same facility is granted within the countries restored, to all persons, inhabitants or others, who shall have formed any establishments during the time which those . countries were pbs« sessed by Great Britain. 234 DANNEMARC Quant auz habitans des pays restitii^s oik c6d^s, ii est con- vcnuqa'auciia d'eux ne ponrra dtre poiirsuiTi> inqvietd ou troubl^^ dana aa peraome ou dma aa propri^t^^ sous aucuo pr^texte, k cause de sa conduite ou opinion politique^ ou de son attachement i aucune des hautes Parties Contractantes, ou pour tout autre raiaoBy ai ce n'eat pom ks dettes contract^es envers des individus, ou poor des actes post^rieura au present Trait6. III. La didsioQ de toute reclamation entre les individus dea nations respectives pour dettea, propriet^s^ effets ou droits queW conqueSy qui conform^ment aux usages regus et au droit des gens, doivent £tre r^produites, sera renvoy^e devant les tribunaux com- p^tensy et dans ces cas, il sera rendu une prompte et enti^re justice dans les pays oh, les reclamations seront faites respective- ment. Fait i Uige, le 7 Avnl, 1814. Sign6 Edward Thornton, (L.S.) Edmund Bourke, (L.S.) ARTICLE ADDrriONNEL. II est convenu entre les deux hautes Parties Contractantes, que la mfime 86cnrit6 pour la personne et pour la propriet6, qui a et6 stipuiee per les Articles Additionnels sign^s aujourdliui, pour les habitans dea pays restitn^s ou c^d^s, sera accord^e i tbus lea aajets de Sa Majesty le Roi du Royauroe Uni de la Grande Bre- tagne et de I'lrlande, soit Britanniques ou Hannovriens, et de Sa Majeste le Roi de Dannemarc, qui auront pris une part active k la guerre actuelle, qui a embras4 twit de contrees, et qu'aucun d*eux ne pounra fetre poursuiri, inqui^t^ ou trouble pour sa con- duite ou opinion politique pendant le cours de la guerre. Fait 4 Liige, le 7 Avril, 1814. Sign6 Edward Thornton, (L.S.) Edmund Bourke, (L.S.) DENMARK. 235 In respect to the inhabitants of the countries restored or ceded^ it is agreed that no one shall be prosecuted^ disturbed, or troubled, either personally or in his property, under any pretext, on account of his political opinions or conduct, or of his attach- ment to either of the high Contracting Parties, or for any other cause, unless it be for debts contracted with individuals, or for acts subsequent to the present Treaty. III. The decision of every claim between individuals of the respective nations for any debts, property, eflfects, or rights what- ever, which conformably to common usage and the law of nations ought to be brought forward, shall be referred to the competent n tribunals, and in such cases there shall be prompt and complete justice rendered in the countries where the claims are respectively put forth. Done at Liege, the 7th April, 1814. Signed Edward Thornton, (L.S.) Edmund Bourke, (L.S.) ADDITIONAL ARTICLE. tt is agreed between the two high Contracting Parties, that Ae same security of person and property, which has been stipu- lated by the Additional Articles signed this day, for the inha- bitants of the restored or ceded countries, shall be afforded to all the subjects of His Majesty the King of the United Kingdom of' Great Britain and Ireland, whether British or Hanoverians, and of His Majesty the King of Denmaiic, who shall have taken an active part in the present war, which has disturbed so many countries, and that no one shall be prosecuted, disturbed, op troubled, on account of his political conduct or opinions during the course of the war. Done at Liege, the 7th April, 1814. Signed Edward Thorntoi^, (L.S.) Edmund Bourke, (L.S.) ( 236 )• FRANCE. TRAlTlfi DE PAIX ET D'AMITli, entre la Grande Bre- tagne ei la France. Fait d Utrecht, le Jf^ 1713. EXTRAIT. XIII. L'Isle de Terreneuve, avec les Isles adjacentes^ appar- tiendra d^sormais et absolument k la Grande Bretagne, et d cette fin le Roi Tris Chretien fera remettre k ceux qui se trouveront k ce commis en ce Pays Isi, dans I'espace de sept mois k compter du jour de T^change des ratifications de ce Trait^, ou plut6t si faire ae pent, la ville et le fort de Plaisance^ et autres lieux que les Frangob pourroient encore poss6der dans la dite isle^ sans que le dit RoiTr^ Chretien, Ses H£r6tiers et Successeurs, ou quelques uns de Ses sujets pubsent d^sormais pr^tendre quoique ce soit, et en quelque terns que ce soit^ sur la dite isle^ et les isles adjacentes en tout, ou en partie. II ne leur sera pas permis non plus d'j fortifier aucun lieu, ni d'y 6tablir aucune habitation en feigon quelconque, si ce n'est des 6chafauds et cabanes n^cessaires et usit^es pour s^cher le poisson, ni aborder dans la dite isle dans d'autres terns, que celui qui est propre pour p&cher, et n^ces- saire pour sicker le poisson. Dans la dite isle il ne sera pas per- mis aux dits sujets de la France de p^cher et de s^cher le pobson en aucune autre partie, que depuis le lieu appell6 Cap de Bona- vista, jusqu'i Textremit^ septentrionale de la dite isle, et de \i en suivant la partie occidental, jusqu'au lieu appell6 Pointe-Riche. Mais risle dite Cap Breton et toutes les autres quelconques, si- ( ^37 ) FRANCE TREATY OF PEACE AND FRIENDSHIP, between Great Britain and Frame. Signed at Utrecht, the JIS^' 1 7 13. Extract. (Translation.) XIII.''^ The Island called Newfoundland^ with the adjacent islands, shall, from this time forward, belong of right wholly to Britain ; and to that end the town and fortress of Placentia, and whatever other places in the said island, are in the possessfop of the French, shall be yielded and given up, within seven months from the exchange of the ratifications of this Treaty, or sooner, if pos- sible, by the Most Christian King, to those who have a commis- sion from die Queen of Great Britain for that purpose. Nor shall the Most Christian King, His Heirs and Successors, or any of their subjects, at any time hereafter lay claim to any right to the said island and islands, or to any part of it, or them. More- over it shall not be lawful for the subjects of France, to fortify any place in the said Island of Newfoundland, or to erect any buildings there, besides stages made of boards, and huts neces- sary and usual for drying of fish ; or to resort to the said island, beyond the time necessary for fishing and drying of fish. But it shall be allowed to the subjects of France, to catch fish, and to dry them on land, in that part only, and in no other besides that, of the said island of Newfoundland, which stretches from the place called Cape Bonavista, to the northern point of the said island, and from thence running down by the western side, reaches • Renewed hy Article V. of ihe Trcatj of l^aris, 1763. 238 JFRANCE. ta^ dans I'embouchure et dans le Golphe de St. Laurent, demeureront d Taveuir Si la France, avec Tenti^re faculte au Roi Tr^ Chretien d'y fortifier une ou plusieurs places. Fait i Utrecht le Jl^^ 1713. Signi John Bristol, C. P. S.(L.S.) Huxelles, (L.S.) Strafjpoud^ (L-S.) Mesnagek, (L.S.) B59S TRAIT6 DlfePINITIF entre la Grande Bret ague et la France, (et VEspagne). Signe i Paris, le 10 FSvrier, 1763. E^CTBAIT. V. Les sujets de la Fiance auront la liberty de la p^che, et de It sicberie, aur une partie des cdtes de fisle de Terreneuve, telle ^a*eUe ^t specifi^e par T Article Xfll du Trait6 d'Utrecht; lequel Article eat renouvell6 et confinn6 par le present Trait4^ {k Vexqep- ticm de ce qui re^uxle Tlsle du Cap Breton, ainsi que les autc^s iaks et c6te8 dans Tembouchure, et dans le Golphe St. LAur^nt.) Et Sa Miyest6 Britannique consait de labser aux sujets du Roi Ti^ Chretien la libert6 de p^her dans le Golphe St. Laurept, si conditioo que les sujets de la France n'exercent la dite p^che qu*i la distance de trois lieues de toutes les c6tes appartcnantes 4 la Grande Bretagne, soit celles du ccmtinent, soit celles des isks situ^es dans le dit Golphe St. Laurent : et pour ce qui c^n- ceifie la p&che sur les c6tes de I'isle du Cap Breton hors du (dit Golphe, il ne sera pas permis aux sujets du Roi Tr^s Chr^ti^ d'exercer la dite p6che qu'i la distance <ie quinze lieues des c6tes de risle du Cstp Breton ; et la peche sur les cotes de la Nou- y^e Ecosse ou Acadie, et par tout ailleurs hors du dit Golphe, restcra sur le pied des Traites anterieurs. VI. Le Roi de la Grande Bretagne cede les Isles de St. TSMiCE. «a9 as far as tbe pkoe odlled Point Rkhe. But tfaa Maud called Cape Breton^ as also all others^ t>oth in the imoiith of the river af St. Lawrence^ and in the Gulf>h of theaame name^^all hereafter ibelong of right to the French ; and the Most Chnstian King shall have all manner of liberty to fortify any place or places there. Done at Utrecht, j^j^ 1713. Signed John Bristol, C.P.S.(L.S.) Huxell^s, (L. S.) Strafford, (L. S.) Mes-n aoer, (L. S.) DEFINITIVE TREATY between XSreat Britain and France (and Spain). Signed at Paris, the lOth February, 1763. Extract. (Translation.) v.* The subjects of France shall have the liberty of fishing and drying, on a part of the coasts of the Island of Newfoundland, such as it is specified in Article'XIIIof the Treaty of Utrecht; \<^hich Article is renewed and confirmed by the present Treaty (except what relates to the Island of Cape Breton, as well as to the other islands and coasts in the mouth and in the Oulph of St. Lawrence). And His Britannic Majesty consents to leave to the subjects of the Most Christian King the liberty of fishing in the Gulph St. Lawrence, on condition that the subjects of France, do not exercise the said fishery, but at the distance of three leagues from all the coasts belonging to Great Britain, as wdl those of the continent, as those of the islands situated in the said Gulph St. Lawrence. And as to what rdates to the fishery on the coasts of the Island of Cape Breton out of the said Gulph, the subjects of the Most Christian King shall not be permitted to exercise the said fishery, but at the distance of fif- teen leagues from the coasts of the Island of Cape Breton ; and the fishery on the coasts of Nova Scotia or Acadia, and every where else out of the said Gulph, shall remain on the foot of for- mer Treaties. VI. The King of Great Britain cedes the Islands of St. • Renewed by Article VI. of the Treaty of Versailles, 1783. £40 FRANCE. Pierre eC de MiqueloD, en toute propri^t^, d Sa Majesty Tr^ Chriiieane, pour servir d'abri aiu p^cheurs Francois : et Sa dite Mafest^ Tr^ Chr^tiemie S'oblige i ne point fortifier les dites uieB, i n'y itablir que des bfttimens civils pour la commodity de h ptehe, et k n'y entretenir qu'une garde de cinquante hommes pour la police. Fait i Paris le 10 Fivrier, 1763. Sign6 Bepford^C.P. S.(L.S.) Choiseul^ Due de Praslin^ (L.S.) El Maeq. de Grimaldi^ (L.S.) TRAIT6 d6fINITIF, entre la Grande Bretagne et la France. Signe d Fersailles, le S Septembre, 1 783. EXTRAIT. IV. Sa Majesty le Roi de la Grande Bretagne est maintenu dans la propri^t^ de I'lsle de Terreneuve, et des isles adjacentes, ainsi que le tout lui a 6t6 assur^ par TArticle XIII du Trait6 d'Utrecht, i I'exception des Isles de St. Pierre et Miquelon les- quelles sont c^d^es en tout propriety, par le pr6sent Traitfe, 'X Sa Majesty Tris Chr^tienne. V. Sa Majesti le Roi Tris Chretien, pour pr6venir les que- relles qui ont eu lieu jusqu'sl present entre les deux Nations An- gloise et Frangoise, consent d renoncer au droit de pSche, qui lui appartient en vertu de I'Article XIII susmentionn^e du Tniit6 d'Utrecht, depuis le Cap Bona-vista jusqu'au Cap St. Jean, situ6 sur la cdte orientale de Terreneuve, par les cmquante degr^s de lautude septentrionale; et Sa Majesti le Roi de la Grande Bre- togne consent, de Son coti, que la p&che assignee aux sujets de a Majesty Trig Chrttienne, coninien§ant au dit Cap St. Jean, passant par le nord, et descendant par la cdte occidental de I'lsle situ/r^^^"''''' '*^^^^^ J"*^"'* ^'^^^'^^^ «PP«"^ Cap Raje, Les Dfechl?*^*^"'^^***'"® ^^^^' cinquante minutes de latitude. ^ " *"«>Sois jouiront de la pfeche qui leur est assignee FRANCE. 441 Pierre and Miquelon^ ih full right, to His Most Christian Majesty, to serve as a shelter to the French fishernien : and His said Most Christian Majesty engages not to fortify the said Islands ; to erect Ao buildings upon them, but merely for the convenience of the fishery ; and to keep upon them a guard of fifty men only for the police. Done at Paris the 10th of February, 1763. Signed Bedfokd,C.P.S.(L.S.) Choiseul, Dug de Praslin, (L.S.) El Marq. de Guimaldi, (L.S.) DEFINITIVE TREATY between Great Britain and France. Signed at VersaiileSy 3d of September, 1783»* £xtrAct. '( Translation y as laid befote Parllametit.) IV. His Majesty the King of Great Britain is maintained iii Itlis right to the Island of Newfoundland, and to the adjacent Islands, as the whole were assured to Him by the Thirteenth Article of the Treaty of Utrecht ; excepting the Islands of St. Piert-e and Miquelon, which are ceded ih full right, by the present Treaty, to His Most Christian Majesty. V. His Majesty the Mo^t Christian King, in order to prevent the quarrels which have hitherto arisen between the two Nations of England and France, consents to renounce the right of fishing, Which belongs to Him in virtue of the aforesaid Article of the Treaty of Utrecht, from Cape Bonavista to Cape St. John, situated oh the eastern coast of Newfoundland, in fifty degrees North latitude ; and His Majesty the King of Great Britain con- sents on His part, that the fishery assigned to the subjects of His Most Christian Majesty, beginning at the said Cape St. John, passing to the north, and descending by the westerti coast of the Island of Newfoundland, shall extend to the place called Cape Raye, situated in forty-seven degrees, fifty minutes latitude. The French fishermen shall enjoy the fishery which is assigned to theiii • Rewwcd by Article Xllt. of the Definitive Treatjr of Paris. 1811. VOL. 1. R Mt FRANCE, par le pr^tent Article^ comme ik ont eu droit de jouir de celle qui leur est a33ign6e par le Trait^ d'Utrecht. VI. A r%ard de la p^fae dans le Golpfae de St. Laurent, les Fnofois continuctront k I'exercer conform^inent ii I'Article V. du Traiti de Paris. Fait i Versailles, le 3 Septembre, 1783. Sign£ Manch£STer,(L.S.) Gbaviebde Vergennes,(L.S.) DECLARATION BRITANNIQUE, sigtUe d Versailles, le 3 Septembre, 1783. Extra IT. Le Roi 6tant enti^rement d'accord avec SaMajest6Tris Chr6- tienne sur les Articles du Trait£ D^finitif, cherchera tous les mojens qui pourront non seulement en assurer I'ex^cution, avec la bonne foi et la ponctualit6 qui Lui son connues, mais de plu^ donnera, de son cdt£, toute I'efficace possible aux principes qui emp^cheront jusqu'au moindre germe de dispute k Taveuir. A cette fin, et pourque les p^cheurs des deux nations ne fieis- sent point naitre des querelles joumaliires, Sa Majest6 Britan- nique prendra les m^sures les plus positives pour pr^venir que Ses sujets ne troublent, en aucune mani^re, par leur concurrence, la p^che des Frangois, pendant I'exercice temporaire qui leur est accord^, sur les c6tes de Tile de Terreneuve ; et Elle fera retirer, i cet effet, les 6tablissemens s^dentaires qui y seront formes. Sa Majesty Britannique donnera des ordres pour que les prehears Frangois ne soient pas g&n6s dans la coupe de bois n6cessaire pour la reparation de leurs echaffaudages, cabanes, et b^timens de p^che. L'Article XIII du Trait6 d'Utrecht, et la mfethode de feire la p^che qui ^ ^t6 jg ^^^^ jg^g reconnue, sera le module sur lequel a p€che sy fera. On n'j contreviendra pas, ni d'une part ni de autre ; les p^cheurs Fransois ne b^tissant rien que leurs echaf- faudages, se bomant k r^parer leurs b^timens de p&che, et n'y mvemant pomt ; les sujets de Sa Majest6 Britannique, de leur FRANCE. . «43 M by the present Article, as they had the right to enjoy that which was assigned to them by the Treaty of .Utrecht. • VI. With regard to the fishery in the Gulph of St. Lawrence^ Uie French shall continue to exercise it conformably to the fifth Article of the Treaty of Paris. Done at Versailles, the Sd of September, 17Sd, Signed MAN€HESTfiit,(L.S.) Gsavier dbVebgennes,(L.S.) BRITISH DECLARATION, signed at Versailles, Sd of Sep- tember, 1783. Extract. The King having entirely agreed with His Most Christiafi Majesty upon the Artides of the Definitive Treaty, will seek every means which shall not only ensure the execution thereof, with His accustomed good faith and punctuality, but will besides give, on His part> all possible efficacy to the principles which shall prevent even the least foundation of dispute for ^e future. To this end, and in-order diat the fishermen of the two nations may not give cause for daily quarrels, His Britannic Majesty will take the most positive measures for preventing His subjects from interrupting, in any manner, by their competition, the finery of the French, during the temporary exercise of it which is granted (o liiem, upon the coasts of the Island of Newfoundland ; and He will, for this purpose, cause the fixed settlements which shall be formed there, to be removed. His Britannic Majesty will give orders, that the French fishermen be not incommoded, in cutting the wood necessary for the repair of their scaffolds, huts, and fishing vessels. The Thirteenth Ardcle of the Treaty of Utrecht, and the method of carrying cm the 'fishery v^hich has at all times been admowledged, shall be the plan upon which the fishery shall be carried on there; it shall not be deviated from by either party; the French fishermen building only their scaffolds, confining them- Brives to the repair of th^ fishing vessels, and not wintering R 2 244 FRANCE. ' party ne molestant aucunement les p&cheurs Frangois durant leurs piches, ni ne d^rangeant leurs echaffaudages durant leur absence. Le Roi de la Grande Bretagne^ en c^dant les ties de St. Pierre et de Miquelon a la France, Us regarde comnie c6d6es d, fin de servir r^ellement d'abri aux p&cheurs Francois, et dans .la confiance entiire que ces possessions ne deviendront point ua objet de jalousie entre les deux nations ; et que la p^che entre les dites lies, et celle de Terreneuve, sera,bom6e d mi-canal. Donn6 k Versailles, le 3 Septembre, 17B3. Sigu6 Manchester, (L.S.) GONTRE-DKCLARATION FRANCOISE, signee a Ver- tailltSy le 3 Septembre^ 1783. EXTRAIT. Les principes qui ont dirig6 le Roi, dans tout le cours des ne- gociations qui ont prec£d6 le r6tablissenient de la paix, ont d|i convaincre le Roi de la Grande Bretagne, que Sa Majest6 n'a eu d'autre but que de la rendre solide et durable, en pr^venant, aih tant qu'il est possible, dans les quatre parties du monde, tout sujet de discussion et de querelle. Le Roi de la Grande Bre- tagne m£t indubitablement trop de confiance dans la droiture des intentions de Sa Majesty, pour ne point Se reposer sur Fattentioii constante qu'elle aura d^emp^cher que les ties St. Pierre et Miquelon ne deviennent un objet de jalousie entre les deux nations. Quant k la p^he sur les cdtes de Terreneuve, qui k 6t6 I'objet des nouveaux arrangemens dont les deux Souverains sont coq^ venus sur cette matiire, elle est suffisamment exprim6e par FAri* tide V, du Trait6 de Paix sign6 ce-jourd'bui, et par la Declaration remise ^galement aujourd'hui par I'Ambassadeur extraordinaire et Pl&iipoteatiaire de Sa Majesty Britannique ; et Sa Majest^ declare qu'elle est pleinement satisfaite k cet 6gard. Pour ce qui est de la pfeche entre Tile de Terreneuve et ceUes de St Pierre et Miqudon, elle ne pourra se faire, de part FRANCE, a4& there ; the subjects of His Britannic Majesty, on their part, not, molesting, in any manner, the French fishermen, during their fishing, nor injuring their scaffolds during their absence. The King of Great Britain, in ceding the Islands of St. Pierre and Miquelon to France, regards them as ceded for th^ purpose of serving as a real shelter to the French fishermen, and in full confidence that these possessions will not become an object of jealousy between the two nations ; and that the fishery between the said Islands, and that of Newfoundland, shall be limited to the middle of the channel. Given at Versailles, the 3d of September, I7B3. Signed Manchester, (L. S.) FRENCH COUNTER -DECLARATION, signed at Ver. saillesy the 3d qf September ^ }783, Extract. The principles which have guided the King, in th^ whole course of the negociations which preceded the re-establishment of peace, must have convinced the King of Great Britain, that His Majesty, has had no other design than to render it solid and lasting, by preventing as much as possible, in the four quarters of the world^ every subject of discussion and quarrel.. The King of Great Britain undoubtedly places too much confidence in the upright- ness of His Majesty's intentions, not to rely upon His constant attention to prevent the Islands of St. Pierre and Miquelon from becoming an object of jealousy between the two nations. As to the fishery on the coasts of Newfouiidlan4i which has been the object of the new arrangements settled by the two Sove- reigns upon this matter, it is sufficiently ascertained by the fifth Article of the Treaty of Peace signed thi^ day, i^nd by the De- claration likewise delivered to day, by Hisj Britannic Majesty's Ambassador extraordinary and Plenipotentiary : and His Majesty declares, that He is fully ss^tisfied oif this hqad.. Ip regard to the fishery between the Island of Newfoundland, and thpse of St. Pierre and Miquelon, it is not to be carried on, r3 «40 FRANCE. et d'ratrey qne jiuqo'i mi-canal, et Sa M^jeat^ doimera le^ ordrev leplnaprfois, pour que les p^heursr Fmngois n'dtitre-passeikt poiot cette ligne. Sk Majesty est dan? I& ferme confiance que le Roi delaGrande Bretagne donnera de pareils ordres auxp^cheurs Aogloist Donn6 iVenuIles, le 3 Septembre, 178S. Sign^ Gravier db Vergennes, (L.S.) CONVENTION entre la Grande Bretagne et la France. Signee a Paris, le 23 Jvrily 1814. EXTRAIT. I. Toutes hostilit^s sur terre et sur mer sont et demeurent suspendues entre les Puissances AlKies etla France, savoir ; pomr les armies de terre aussit6t que les G^niraux Conunandant les Armies Frangaises et places fortes auront fait connoitre aux G^ n6raux Commandant les troupes AUiies, qui leur sont opposies, qu'ils out reconnu l-autoriti du lieutenuit G6n&iil du Royaume de France ; et tant sur mer qu'd I'^gurd des places et stations maritimeSy aussitdt que les flottes et ports du Royaume deFrAnce, ou occup^ par les troupes Fran^aises auront fait la m&me sou- mission. . ' V. Les flottes et les bfttimens de h, France demeiireront':datis leur situation respective, sauf la sorde des b&timeris chatg6» de missions, mais Teffet immidiat du present Acte k V^gkrdAeB ptAU Frangais sera la 16v6e de tout blocus' par terre ou pat mer, h liberty de* la p^he,'cdle du "cabotage^ particuli^ment de celui qui est nieessaire pour l^pprovisiobnement de Paris, et le r6ta- blissement des- relations' de commerce conformiment aux r%t4- metis int6rieur8 de chaqiiepays> et cet effet immediat & T^ard dt Tmt^rieur sera le Hbre approrisionnement des villes, et le libre transit des transports militaires ou commerciaux. VI. Pour privenirtous les sujets de plaintes*et de«ont^6t»- uons qui pourraient nattre i I'occasion des prises qui: siertiient ftitcs en mer apris la signature de la prisente ConventioJEi; il est FRANCE. 247 by either party, but to the middle of the channel, and His Majesty vfill give the most positive orders, that the French fishermen shall not go beyond this line. His Majesty is firmly persuaded that the King of Great Britain v^ill give like orders to the English fishermen. Given at Versailles, the 3d of September, 1783. Signed Gravier de Vergennes. CONVENTION between Great Britain and France. Signed at Paris, the 23d of April, 1814. Extract. (Translation, as laid before Parliament,) I. All hostilities by land and sea are, and shall remain, sus- pended between the Allied Powers and France, that is to say : — for the land forces, as soon as the commanding officers of the French armies and fortified places shall have signified to the Allied troops opposed to them, that they have recognized the au- thority of the Lieutenant General of die Kingdom oi France ; and in like manner upon the sea, as far as regards maritime places and stations, as soon as the shipping and ports of the Kingdom of France, or those occupied by French forces shall have mani- fested tl^e same submission. V. The fleets and ships of France shall remain in their respec- tive situations, vessels only charged with particular missions shall be allowed to sail, but the immediate effect of the present Act in respect to the French ports, shall be the raising of all blockade by land or sea, the liberty of fishing, that of the coasting trade, particularly of that which is necessary for supplying Paris with provisions ; and the re-establishment of the relations of com- merce conformably to the internal regulations of each country ; and the immediate effect in respect to the iiiterior shall be the free provisioning of the cities, and the free passage of all means of military or commercial transport. VI. In order to anticipate every subject of complaint and dis- pute which may arise respecting the captures which might be niade at sea after the signature of the present Convention, it is r4 «49 FRANCE. riciproquemeDt couvenu que les vaisseaux et effets qui pourraient £tre pris dans la manche et dans les mers du nord^ apr^s Tespace i]e ^0026 jours, k compter de T^cbange des ratifications du pr^-r •ept Actej serout, de part et d'autre restitu^s ; que le terme sera d'un mois depuis la manche et les mers du nord jusqu'aux ile^ Canaries jusqu'sL I'^quateur ; et enfiu de cinq mois dans tou^tes les autres parties du monde, sans aucune exception ni autre dis- tinction pluq particuli^re de tems et de lieu. VIL De part et d'autre, les prisonniers, officiers, et soldats, de terre et de mer, ou de quelque nature que ce soit, et particu- liirement les dtages seront imm^iatement renvoy6s dans leurs pays respectifs sans ran^oii et sans ^change. D^s Commissaires seront nomm6s r6ciproquement pour proc6der i cette liberation g6n6rale. Fait i Paris, le 23 Avril, Tan de Grace> 1814. Sign£ Castx.ereagii,(L.S.) Le Prinze de Benev ent,(L.S.) TRAIT6 D^FINITIF entre la Grande Bretagneet la France, Signe d Paris le 30 Mai, 1814. EXTRAIT. I. II y aura, 'k compter de ce jour, paix et amiti6 entre Sa Ma- jest^ le Roi du Royauqae uni de la Grande Bretagne et de Tlr^ lande, et Ses Allies d'une part, et S. M. le Roi de France et de JIavarre d'autre part, leurs li6ritiers et successeurs, leurs Etats et sujets respectifs, k perpetuity. V. La navigation sur le Rhin, du poipt oii il devient navigably jusqu' d la mer, et r^ciproquement, seralibre,de telle sorte qu'ellq Jie puisse fetre interdite i personne ; et Ion s'occupera, au futuc Congr^s, des principes d'apr^s les quels on pourra r^gler les (n-oits a lever par les Etats Riverains, de la mani^re la plus igale e la plus favorable au commerce de toutes les nations. II »era examin6 et decide de mfeme dans le futur Congr^s, de FRANCE- • 249 reciprocally agreed that, vessels and effects which may be taken in the channel, and in the North Seas> after the space of twelve days, to reckon from the exchange of the ratifications of the pre- sent Act, shall be restored on both sides, that the term shall be one month within the channel and North Seas to the Canary Islands and to the Equator, and five months in every other part of the world, without any exception or other particular distinction of time, or of place. VII. On both sides, the prisoners, officers and soldiers, of land or sea, or of any other description whatever, and particularly hostages, shall be immediately sent back to their respective coun- tries, without ransom and without exchange. Commissaries shall be named reciprocally in order to carry this general liberation into effect. Done at Paris, the 23d of April in the year of our Lord, 1814. Signed Castlereagh, (L.S.) Le Prince de Benevent, (L-S.). PEFINITIVE TREATY between Great Britain and France. Signed at Paris, the 30th day of May, 1814.* Extract. I. There shall be from this day forward perpetual peace and friendship between His Britannic Majesty and His Allies on th.e one part, and His Majesty the King of France and Navarre on the other, their heirs and successors, their dominions and subjecta, respectively. V. The navigation of the Rhine, from the point where it be- comes navigable unto the sea, and vice vers&, shall be free, so that it can be interdicted to no one : — and at the future Congress, attention shall be paid to the establishment of the principles ac- cording to which the duties to be raised by the States bordering on the Rhine may be regulated, in the mode the most impartial, and the most favourable to the commerce of all nations. The future Congress, with a view to facilitate the communica-* * Confirmed by Article XI. of the DefinitiVe Treaty of SO November, 1815, S50 FRANCE. quelle maaiire^pbtif iacSiter les comniunieationd entre les peuples et lei lendre toajours moins Strangers les uns aux autres^ la dis- position ci-dessus poorra dtre (galement 6tbhda ^ tous les autres fleuves qui, dans leur coots navigable, s6parent ou traversent dif- fireoB Etats. VII. 'L'ile de Malfee et ses d^pendances appartiendront en toate pTOpn£t£ et Souvendnet^ k Sa Majesty Britannique. VIII. Sa Majesty Britannique, stipulant pour elle et Ses Al- li^i 8*engage k restituer -k Sa Majesty Tris Chr^erine dans les d^hds qiii seront ci-apr^s fix^s, les colonies, p&cheries, comptoirs et ^tabHssemens At tout genre que la France poss6dait au ler Janvier, 179S, dans les mers et sur le^' continents de TAm^rique, de r Afrique, et de TAsie ; k I'exception toutefois des lies de Tabago et de St. Lucie, et de Tile de France, et de ses depen- dances, nomm^ment Rodrigue et les S6chelles, lesquelles Sa Ma- jest6 Tres Cbr6tienne cide en toute propriety et souverainet6 k Sa Majest^ Britannique, comme aussi de la partie de St. Do- mingue c£d6e k la France par le paix de B^sle, et que Sa Ma- jesty Tr^ Chr^tienne r^troc^de k Sa Majesty Cadiolique en toute propri6t£ et 80uverainet6. IX. Sa Majesty le Roi de SuMe et de Norv^ge, en conse- quence d'arrangemens pris avec Ses AHi6s, et pour Tex^cution de TArticle pr^6dent, consent k ce que Tile de la Guadeloupe soit re8titu6 k Sa Majest^ Tr^ Chr^tienne, et c^de tousles droits qu'il pent avw sur cette tie. X. Sa Migest^ Tr^Fidile, en consequence d'arrangemens pris avec Ses Allies et pour Tex^cution de I'Article VIII, s'engage k restituer k Sa Majesty Tr^s Chr6tienne, dans le d61ai ci-apr^s fixe, la Guiane Frangaise, telle qu'elle existait au ler Janvier, L'effet de la stipulation ci-dessus etant de faire revivre la con- testation existante k cette ^poque au sujet des limites, il est convenu que cette contestation sera terminee par un arrangement amicable entre les deux Cours, sous la mediation de Sa Majeste Britannique. XI- Les places et forts existant dans les colonies et etablisse- mens qui doivent fetre rendus k Sa Majesty Tris Chretienue en FRANCE. £51 tloti between nations, and continualtyto render theni less dtrhi^ttil to each other, shall likewise examine and detemiiiie in what man-^ ner the above provision can be extended to the other rivers which, in their navigable course, separate or traverse^different States.* VII. The Island' of Malta and its dependencies shall belong in full right and Sovereignty to His 'Britannic Majesty; VIII. His Britannic Majesty, stipulating for Himsdf and Hnr Alfies, engages/ to restore to His Most Christian M^j^ty, wilMii the tierm ' which shall be hereafter fixed, the colonies,' fisheries, factories and establishments Of every kind, which wei^s possessed by Fiiitice' on- the Ist 'of .fantiary, 179^, in the seas and on the continents of America, Africa, ^d Asia; with the exception how-* ever of the Islands of Tobago and St. Liida and- of the Isle^of Fratice and its dependencies, especially Rodrigues and the S6chelles, which several colonics and possessions His Most Chris^ tian Majesty cedes in full right and Sovereignty to His Britanuit^ Majesty, and also the portion of St. Doiningo' ceded' to Frtoci^ by the Treaty of Basle, and which His Most Christian Majesty restores in full right and Sovereignty to His Catholic Majesty. ' IX. His Majesty the King of Sweden and Norway^ in virtue of the arrangements stipulated with the 'Alliei?, and in execution of the preceding Article, consents that the Island of Guadaloup^ be restored to His Most Christian Majesty, and gives up all th^ rights He may have acquired ovfer thatifelabd. X.' Her Most Faithful Majesty in virtiie '6f the arrattgemei^ sti^iil^ted ^th H^r Allieb said in execution of the 8th Aitide, engages t6 testore French Guyana as it existed 6n the 1 s t iof Ja» nuaty, 1792, to His Mo^t Christian Majesty, within fh^ term hereafter fixed. The renewal of the dispute which existed at that jiieriod on Ae subject of the frontier, being the effeet of this stipulation, it is agreed that that dispute shall be terminated by a friendly arrange- ment between the two Courts, under the mediation of His Britan- nic Majesty. XL The places and forts in those 'colonies and settlements, which, by virtue of the 8th, 9th, and 10th Articles, are to be re- J * See General Treaty of Congress, signed at Vieima, 9th Jane, 1815. Page 5. 850 FRASCE^ „ f V' Pt Y. scront r6mis dans Tetat oil ils ^ *^ . ^ /a Signature du present Iraite. -^ ^* , R/i/auni^ue s'engage d faire jouir les sujets f '/ '"^ r •« CliFcUenne, relativement au commerce et a y .*/</'*'*^ persoanes et propri6t6s, dans les limites de la j/rft" ***. w-zaiinique «ur le continent des Indes, des memes ;^«*'**v^|Afe5 et protection qui sont si present ou seront ^^'rrt ^^lioiis les plus favoris^es. De son cot6 Sa Majest^ ^^^''tLuenne n'ayant rien plus 4 coeur que la perp6tuit6 de la "^^tfg ks rfcux Couronnes de France et d'Angleterre, et vou- P^^ ^gffibvLer, autant qu'il est en Elle, i ^carter d^s-i-pr6sent, f^ports des deux peuples, ce qui pourrait un jour alt6rer la /\^ itftelligence miituelley s'engage k ne faire aucun ouvrage de _ifration dans les ^tablissemens qui lui doivent ^tre restitu6s, ^ fltfi sont situ6s dans les limites de la Souverainetc Britannique ^ le Continent des Indes, et i ne mettre dans ces ^tablissemens gae le nombre de troupes u^cessaire pour le maintien de la police. XIII. Quant au droit de p&clie des Frangais sur le grand banc de Terreneuve, sur les cotes de Tile de ce nom, et des iles adja- centesy dans le Golfe de St. Laurent, tout sera remis sur le mfeme pied qu'en 1 792. XIV. Les colonies, comptoirs et 6tablissemens qui doivent feUe restitu^s Si Sa Majestfi Tr^s Chrfetienne par Sa Majesty Bri- tannique ou Ses Allies, seront remis, savoir, ceux qui sont dans les Mers du Nord, ou dans les Mers et sur les Contuients de FAm^rique et de I'Afrique, dans les trois mois, et ceux qui sont au-deli du Cap de Bonne Esp^rance, dans les six mois qui puivront la ratification du present Trait6. ^V, Dor^navant le port d'Anvers sera uniquement un port de commerce. mettr^^H ^^ '^^"'^^ Parties Contractantes voulant mettre et faire d^clarcnt^"'' "" ^"^'^'^ """^^^ ^^"^ divisions qui ont agit6 TEurope, le present VSr^"^"' ^"5 "J^"' ^'' P^^' '"'"^'"^^^ ^' ^^^^' P"^ qu'il soit ne ^"^"" mdividu de quelque classe et condition personne ou dTsTa pr'onS"""' "^"^^'^' T ''""^^^' ^"" "^ * propriete, sous aucun pretexte, ou A cause FRANCE. 23 <* Stored to His Most Christian Majesty, shall be given up in the state in which they may be at the Jnoment of the signature of the present Treaty. XII. His Britannic Majesty guarantees to the subjects of His Most Christian Majesty the same facilities, privileges, and pro- tection, with respect to commerce, and the security of their per- sons and property within the limits of the British Sovereignty 'on the Continent of India, as are now or shall be granted to the most favoured nations. His Most Christian Majesty, on His part, having nothing more at heart than the perpetual duration of Peace between the two Crowns of England and of France, and wishing to do His utmost to avoid any thing which might affect their mutual good under- standing, engages not to erect any fortifications in the establish- ments which are to be restored to Him within the limits of the British Sovereignty upon the Continent of India, and only to place in those establishments the number of troops necessary for the maintenance of the police. XIII. The French right of fishery upon the great banlc of Newfoundland, upon die coasts of the island of that name, and of the adjacent islands in the Gulph of St. Lawrence, shall be replaced upon the footing in which it stood in 1792* XIV. Those colonies, factories, and establishments, which are to be restored to His Most Christian Majesty by His Britannic Majesty or His Allies, in the Northern Seas, or in the Seas and on the Continents of America and Africa, shall be given up within the three months, and those which are beyond the Cape of Good Hope, within the six months which follow the ratification of the present Treaty. XV. Antwerp shall for the future be solely a commercial port. XVI.- The high Contracting Parties, desirous to bury in entire oblivion the dissensions which have agitated Europe, declare and promise that no individual, of whatever rank or condition he may be, in the countries restored and ceded by the present Treaty, shall be prosecuted, disturbed or molested, in his person or pro- perty, under any pretext whatsoever, either on account of his ^4 FRANCE. de sa conduite ou opinion politique, ou de son attacbement, soit iL aucune des Parties Contractantes, soit 4 des Gouvernemens qui out cess6 d'exister, ou pour toute autre raison, si ce n'est pour les dettes contract^es envers des individus^ou pour des actes post6rieurs au present Trait^. XVIL Dans tons les pajs qui doivent ou devront changer de Mattresy tant en vertu du present Trait^ que des arrangemens qui ^mvent 6tre faits en consequence, il sera accord^ aux habitans natuiels et Strangers, de quelque condition et nation qu'ik soient, un espace de six ans, k compter de T^cbange des ratifications, pour disposer, s'ik le jugent cony^utble,. de iear8.|HnQpri6t£s acquises, soit avant, soit' depuis la gnerre actadle^ et se retirer dana.tel pays qn'il leur plaira de cboisir. XVIII. Les Puissances JVlli6es voulant donner k Sa Migest^ Tr^ Cbr^jdenne un nouveau t^moignage de Leur d4sir de faire ^isparaitre autant qu'il est en Elles, les cons^qaeoces. de T^poque de n^alheur, si beureusement termin^e par la pr^ente paix, renoncent k la totality des sommes que les gouvenieiyiens ont k r^clamer de la France, k raison de contrats, de foumitures, ou d'avanceaquelconques.faites au Gouyemement Frangais dans les diff(§rentes guerres qui ont eu lieu, depuis ]79^* De.Son cdt6, Sa Majest6 Tr^s Chr^tienne renonce k toute reclamation qu'elle pourrait former contre les Puissances AUi^es aux m^mes titres. En execution de cet Article, les hautes Parties Contractantes s'engagent si Se remettre mutuellement tons les titres, obligations et documens qui ont rapport aux cr^ances aux quelles Elles ont r^ciproquement renonc6. XIX. Le Gouvemement Fran^ais s'engage k faire liquider et payer les sommes qu'il se trouverait devoir d'ailleurs dans des pays hors de son territoire, en vertu de contrats ou d'autres engagemens formels, passes entre des individus ou des 6tablisse- mens particuliers et les Autorit^s Fran^aises, tant pour foumitures qu'A raison d*obligations I6gales. XX. Les hautes Parties Contractantes nommeront, imm^ diatement apris I'echange des ratifications du present Traiti, des Commissaires pour r6gler et tenir la main k Tex^cution de Ten- semble des dispositions renferm6es dans les Articles XVIII. et XIX. Ces Commissaires s'occuperont de Texamen des r6cla* FRANCE^ £5& conduct or political opinions/ his attachment either to any of the. Contracting Parties, or to any Government which has ceased to exist, or for any other reason, except for debts contrftcted towards individuals, or acts posterior to the date of the present Treaty. XVII. The native inhabitants and aliens, of whatever nation or condition they may be, in those countries which are to chfoijge Sovereigns, as well in virtue of the present Treaty as of the sub- sequent arrangements to which it may give rise, shall be allowed a period of six years, reckoning from the exchange of the ratifi- cations, for the. purpose of disposbg of th^ir property, if iif,ey think fit, whether it be apquirec^ before or dufing the present war, and retiring to whatever country they may choose. XVIII. The Allied Powers, desiring to offer His Most Christian Majesty a new proof of their anxiety to arre9t, as (ar.^ in them lies, the bad consequences of the disastrpus epoch for- tunately terminated by the present peace, renounce all the sums which their governments claim from France, whether on account of contracts, supplies, or any other advances whatsoever to the French Government, during the different wars which have taken place since 1792. His Most Christian Majesty, on His part, renounces every claim which He might bring forward against the Allied Powers on the same grounds. In execution of this Article, the high Contracting Parties engage reciprocally to deliver up all titles^ obligations, and documents, which relate to the debts They may have mutually cancelled. XIX- The French Government engages to liquidate and pay all debts it may be found to owe in countries beyond its own territory, on account of contracts, or other formal engagements between individuals, or private establishments, and the French Authorities, as well for supplies, as in satisfaction of legal engage- ments. XX. The higk Contracting Parties, immediately after the exchange of the ratifications of the present Treaty, shall name Commissioners to direct and superintend the execution of the whole of the stipulations contained in the 18th and 19th Articles. These Commissioners shall undertake the examination of the 256 FRANCE. mations dont U est parl6 dans rArticle pr^c^dent^ de la liquidatiofl des sommes r6clam6es, et du mode dont le Gouvemement Fran-* ^ais proposera de's'en acquitter. lis seronf charges de'm^me d^ h remise des titres, obligations^ etdocumens r61atifs aux cr6ances auxquelles les hautes Parties Contractantes renoncent mutuelle- menty de maniire que la ratification du r^suUat de leur travail compl^tera cette renondation r^ciproque. XXI. Les dettes sp^cialement hypoth6qu6es dans leur origine sur les pays qui cessent d'appartenir d la France^ ou contract^es pour leur administration int6rieure resteront i la charge de ce^ m6mes pays. 11 sera tenu compte en consequence au Gouveme- ment Fran^ais, k partir du 22 D6cembre^ 1813^ de celles de cesf dettes qui ont (t( converties en inscriptions au grand livre de la dette publique de France. Les titres de toutes celles qui ont £t6 pr6par6es pour rinscription, et n'ont pas encore ^(6 inscrites^ seront remis aux Gouvememens des pays respectifs. Les 6tats de toutes ces dettes seront dresses et arrSt^s par une conunission mixte. XXn. Le Gouvemement Fran^ais restera charg6 de son c6t6 du remboursement de toutes les sommes vers6es, par les sujet^ des pays ci-dessus mentionn^s^ dans les caisses Fran^aises, soil d titre de cautionnement, de d6p6ts ou de consignation. De m^me les sujets Frangais, serviteurs des dits pays^ qui ont vers^ des sommes 'A titre de cautionnement, depots, ou consignations dan^ leurs tr^sors respectifs^ seront fid^lement rembours6s. XXIIL Les titulaires de places assujetties h cautionnement/ qui n'ont pas de maniement de d^niers^ seront rembours^s, avec les iut^r^ts jusqu'sl parfait paiement A Paris, par cinqui^me et pair ann^e, d partir de la date du present Trait6. A regard de ceux qui sont comptables, ce remboursement commencera au plus tard six mois apr^s la presentation de leurs comptes, le seul cas de malversation except^. Une copie du deniier compte sera remise au Gouvemement de leur pays, pour lui servir de renseignement et de point de depart. XXIV. Les depots judiciaires et consignations faits dans la caisse d'amortissement, en execution de la loi du 28 Nivose, aih FRANCE. 267* claims referred to in .the preceding Article, -the liquidation of the sums claimed, and the consideration of the manner in which the French Government may propose to pay them. They shall also- be charged with the delivery of the titles, bonds, and the docu^ ments relating to the debts which the high Contracting Parties miitnally cancel, so that the approval of the result of their labours shall complete that reciprocal renunciation. XXI. The debts which in dieir origin were specially moirt-*' gaged upon the countries no longer belonging to France, or were contracted for the support of their internal administration, shall remain at the charge of the said countries. Such of those debts as have been converted into inscriptions in the great book of the public debt of France, shall accordingly be accounted for with the French Government after the 22d of December, 1813. The deeds of all those debts which have been prepared for inscription, and have not yet been entered, shall be delivered to. the Governments of the respective countries. The statement of: all these debts shall be drawn up and settled by a joint commis- sion. XXII. The French Government shall remain charged with the reimbursement of all sums paid by the subjects of the said countries into the French coffers, whether under the denomination^ of surety, deposit, or consignment. In like manner all French subjects, employed in the service of the said countries, who have paid sums under the denomination of surety, deposit, or consignment, into their respective territories^ ' shall be faithfully reimbursed. XXIII. The functionaries holding situations requiring securi- ties, who are not charged with the expenditure of public money shall be reimbursed at Paris, with the interest, by fifths and by' die year, dating from the signature of the present Treaty. With respect to those who are accountable, this reimbursement shall commence, at the latest, six months after the presentation of their accounts, except only in cases of malversation. A copy of the last account shall be transmitted to the Government of their countries, to serve for their information and guidance. XXIV. The judicial deposits and consignments upon the' *' caisse d^amortissement*' in the execution of the law of 28 Nivose,' VOL. I. s t» FRANCE. I5p (18 Jaavi^, }^Q^f) ^\ qui appartieiment i d^s habitans des pays que |a France cesse de pos^^der, seront remis dans le terme 4*iiDe anp£^» i compter de r^oh^iige des ratifications du present Tmit^i ei^ti^ les mains des Autorit^s des dits pays, a Texception de c^vf de ces depots et configni^tiotn^ qui interessent des sujets Frngusy da^s lequel cas Us resteroi^t dans la caisse d'amortisse* ment pour n*&tre remis que sur les justifications r^s^tantes des dipsipns des autor^t^s comp6tentes. XXV. |.<es fonds c|^pos6s par les communes et ^tablissemens piKJ^Ucs duns la caisse de service et dans H caisse d'amortissemen^ ou dans toute autre caisse du Gouvernement, leur seront rem- llQIun^ pwr cinquiime, d'ann^e en ann£e, d partir de la date du pr^ent 7i*rait^ sous la 4^uction des avances qui leur auraient 6$k fsites^ ^t sauf des oppositions rdguliires faites sur ces fonds par das crianciers des dites communes et des dits Itablissemeiu publics. XXVI. A dater du ler Janvier, 1814, le Gouvemement Fran- gals, cesse d'etre cbarg6 du pavement de toute pension civile, militaire, ^t eccl6siastique, solde de r^traite et tnutemen^ de rftformei i, tout mdividu qui se trouve n'&tre plus sujet Frangais. XXVII. Les domaines nationaux acquis k titre on^reux par des sujets Fran^ais danf le|^ ci-devant d^partemens de la Belgique, de la rive gauche du Rhin et des Alpes, hors 4es anciennes limites de la France, sont et demeurent garantis aux acqu^reurs. XXVIII. L'abolition des droits d'Aubaine, de Detraction, et autres de la m£me nature, dans les pays qui Tout r^ciproquement 8lipul6e avec la France, ou qui lui avoient pr6c6demment iti r6unis, est expressement maintenue, XXIX. Le Gouvemement Fran^ais s'engage sL faire restituer les obligations et autres titres qui auraient 6t6 saisis dans les provinces occupies par les armies ou administrations Fran^aises; et dans le cas oh la restitution ne pourrait en fetre effectu6e, ces obligations et titres sont et demeurent an^antis. FRANCE. t59 year 13, (18 Jtouarj, 1305,) and which belong to fhe inhabitants of countries France ceases to possess, shall, within the spac6 of one year from the Exchange of the ratifications of the present IVeaty, be placed in the hands of the Authorities of the said countries, with the exception of those deposits and consignments^ interesting French subjects, which last will remain in the ^* caisse d^amortissement,'* and will only be given up on the production ^ the vouchers, resulting from the decisions of competent authorities. XXV. The fand» deposited by the corporations and public establishments in Ae '* caisse de service*' and in the " cnisse m d^amortissement/' or other " came/y of the French Government, shall be reimbursed by fifths, payable from year to year, to com- mence from the date of the present Treaty; deducting the adyancea which hove taken- place, and subject to such regular charges as may have been brought forward against these funds hy the creditors of the said corporations, and the said public establishments. XXVI. From the first day of January, 1814, the French Government shall cease to be charged with the payment of pen- sions, civil, military and ecclesiastical, pensions for retirement, and allowances for reduction, to any individual who shall cease to be a French subject. XXVII. National domains acquired for valuable considiera- tions by French subjects in the late departments of Belgium, and of the left bank of the Rhine, and the Alps beyond the ancient limits of Fi*ance, and which now cease to belong to Her, shall be guaranteed to the purchasers. XXVIII. The abolition of the " droits d^Jubaitie/' '' de DS- traction" and other duties of the same nature, in the countries which have been formerly incorporated, or which have recipro- cally made dutt stipulation with France, shall foe expressly main- tained. XXIX. The French Government engages to restore all bonds, and odier deeds .which may have been seized in the provinces occupied by the French armies or administrations ; and in cases where such restitution cannot be effected, these bonds and deeds hecome and continue void. Q60 FRANCE. XXX. Les sommes qui seront dues pour tous les travaux d'utilit^ publique, non encore terminus, ou tenuiu^s post^rieure-. meat au 31 D^cembre, 1812^ sur le Rhin et dans les departe- meoB d^tach6s de la France par le present Trait6^ passeront d la' charge des futurs possesseurs du territoire, et seront Iiquid6es par la commission charg6e de la liquidadon des dettes des pays. XXXI. Les archives, cartes^ plans et documens quelconques^ appartenant aux pays c^d6s ou concemant leur administration, seront fidilement rendus en m&me tems que le pays ; ou, si cela 6tait impossible, dans un delai qui ne pourra ^tre de plus de six mois, apris la remise des pays mfemes. C^etle stipulation est applicable aux archives, cartes, et planches, qui pourraient avoir 6t6 enlev6es dans les pays momentan6ment occup^s par les diffSrentes armies. XXX III. Le present Trait6 sera ratifi^, et les ratifications en seront 6chang£es dans le d61ai de quinze jours, ou plutdt si faire se pent. £n foi de quoi les