16. Should any citizen of the United States of North America, kill, wound or strike a subject of this regency, he shall be punished in the same manner as a Turk, and not with more severity. Should any citizen of the United States of North America, in the above predicament, escape prison, the consul shall not become answerable for him. 17. The consul of the United States of North America shall have every personal security given him and his household; he shall have liberty to exercise his religion in his own house. All slaves of the same religion shall not be impeded in going to said consul's house at hours of prayer. The consul shall have liberty and personal security given him, to travel whenever he pleases, within the regency he shall have free licence to go on board any vessel lying in our roads, whenever he shall think fit. The consul shall have leave to appoint his own dragoman and por ter. 18. Should a war break out between the two nations, the consul of the United States of North America, and all citizens of the said state, shall have leave to embark themselves and property unmolested, on board of whatever vessel or vessels they shall think proper. 19. Should the. cruizers of Al. giers capture any vessel, with citizens of the United States of North America on board, they having papers to prove they are really so, They and their property shall be immediately discharged. And should the vessels of the United States capture any vessels of nations at war with them, having subjects of this regency on board, they shal be treated in like manner. 20. On a vessel of war belong. ing to the United States of North America anchoring in our ports, the consul is to inform the dey of her arrival; and she shall be sa luted with twenty-one guns; which she is to return in the same quantity or number; and the dey will send fresh provi. sions on board, as is customary, gratis. 21. The consul of the United States of North America shall not be required to pay duty for any thing he brings from a foreign country, for the use of his house and family. 22. Should any disturbance take place between the citizens of the United States and the subjects of this regency, or break an article of this treaty, war shall not be de clared immediately; but every thing shall be searched into regularly: the party injured shall be made reparation. On the 21st of the moon of Safer, 1210, corresponding with the 5th of September, 1795, Joseph Donaldson, junior, on the part of the United States of North Ame rica, agreed with Hassan Bashaw, dey of Algiers, to keep the articles contained in this treaty sacred and inviolable; which we, the dey and divan, promise to observe, on consideration of the United States paying annually the value of twelve thousand Algerine sequins in maritime stores. Should the United States forward a larger quantity, the overplus shall be paid for in money, by the dey and regency. Any vessel that may be captured from the date of this treaty of peace and amity, shall immediately be be delivered up on her arrival in Algiers. (Signed) Vizier HASSAN BASHAW, J. DONALDSON, jun. Seal of Algiers stamped at the foot of the original treaty in Arabic. To all whom these presents shall come, or be made known. Whereas the under-written Da. vid Humphreys hath been duly appointed commissioner plenipoten iary, by letters patent under the signature of the president, and seal of the United States of America, dated the 30th of March, 1795, for negotiating and concluding a treaty of peace with the dey and governors of Algiers; whereas by in structions given to him on part of the executive, dated 28th of March and 4th of April, 1795, he hath been further authorized to employ Joseph Donaldson, junior, on an agency in the said business; whereas, by a writing under his hand and seal, dated the 21st of May, 1795, he did constitute and appoint Jo. seph Donaldson, jun. agent in the business aforesaid; and the said Joseph Donaldson, jun. did, on the 5th day of September, 1795, agree with Hassan Bashaw, dey of Al. giers, to keep the articles of the preceding treaty sacred and invio. lable. Now, know ye, that I David Humphreys, commissioner plenipotentiary aforesaid, do approve and conclude the said treaty, and every article and clause therein contain. ed; reserving the same nevertheless, for the final ratification of the president of the United States of America, by and with the advice Now be it known, that I, George Washington, president of the United States of America, having seen and considered the said treaty, do, by and with the advice and consent of the senate, accept, ra tify, and confirm the same, and every clause and article thereof. And to the end that the said treaty may be observed and performed with good faith on the part of the United States, I have ordered the premises to be made public; and I do hereby enjoin and require all persons bearing office, civil or mi. litary, within the United States, and all other citizens or inhabitants thereof, faithfully to observe and fulfil the said treaty, and every clause and article thereof. In testimony whereof, I have caused the seal of the United States of America to be affixed to these presents, and signed the same with iny hand. Done at the city of Philadel (Seal) Treaty between America and Spain. Treaty concluded between the 1 United States of America and his HIS Catholic majesty and the United States of America, desirous to consolidate, ona permanent basis, the friendship and good correspon. dence which happity prevails be. tween the two parties, have determined to establish by a convention, several points, the settlement where of will be productive of general advantage and reciprocal utility to both nations. With this intention his Catholic majesty has appointed the most excellent lord Don Manuel de Goday, and Alvarez de Faria, Prince de Paz, duke de la Alcudia, grandee of Spain, of the first class, &c. And the president of the United States, with the advice and consent of their senate, has appointed Thomas Pinckney, a citizen of the Uuited States, and their envoy extraordinary to his Catholic majesty. And the said plenipotentiaries have agreed upon and concluded the following articles: Art. 7. There shall be a firm and inviolable peace, and sincere friendship, between his Catholic majesty, his successors and subjects, and the United States, and their citizens, without exception of persons or places. 2. To prevent all dispute on the subject of the boundaries which scparate the territories of the two high contracting parties, it is hereby declared and agreed as follows, to wit: the southern boundary of the United States, which divides their territory from the Spanish colonies of East and West Florida, shall be designated by a line, beginning on the river Mississippi, at the northernmost part of the thirty-first degree of latitude, north of the equator, which from thence shall be drawn due east, to the middle of the river Apalachicola or Carahsuche, thence along the middle thereof to its junction with the Flint; then straight to the head of St. Mary's river, and thence down the middle thereof to the Atlantic ocean. And it is agreed, that if there should be any troops, garri sons, or settlements of either party on the territory of the other, ac cording to the above-mentioned boundaries, they shall be withdrawn from the said territory within the term of six months atter the ratification of this treaty, or sooner, if it be possible; and that they shall be permitted to take with them all the goods and effects which they possess. 3. In order to carry the preceding article into effect, one com missioner and one surveyor shall be appointed by each of the contracting parties, who shall meet at Natches, on the left side of the Mississippi, before the expiration of six months from the ratification of this convention, and they shall proceed to run and make this boundary, according to the stipu lations of the said article. They shall make plans and keep journals of their proceedings, which shall be considered as part of this convention, and shall have the same force as if this were inserted therein. And, if on any account it should be found necessary that the said commissioners and surveyors should be accompanied by guards, they shall be furnished in equal proportion by the commanding of ficer of his majesty's troops in the two Floridas, and the commanding officer of the troops of the United States States in the south-western territory, who shall act by common consent, and amicably, as well with respect to this point, as to the furnishing provisions and instruments, and making every other arrangement which may be necessary or useful for the execution of this article. 4. It is likewise agreed that the western boundary of the United States, which separates them from the Spanish colony of Louisiana, is in the middle of the channel or bed of the river Mississippi, from the northern boundary of the said states to the completion of the thirty-first degree of latitude north of the equator. And his Catholic majesty has likewise agreed, that the navigation of the said river, from its source to the ocean, shall be free only to his subjects and the citizens of the United States, unless he should extend this privilege to the subjects of other powers by a special convention. 5. The two high contracting parties shall, by all means in their power, maintain peace and harmony amongst the several Indian nations who inhabit the country adjacent to the lines and rivers which, by the preceding article, form the boundaries of the two Floridas; and the better to attain this effect, both parties oblige themselves expressly to restrain by force, all hostilities on the part of the Indian nations living within their boundary; so that Spain will not suffer their Indians inhabiting their territory, nor will the United States permit their last-mentioned Indians to commence hostilities against his Catholic majesty, or his Indians, in any manner whatso. ever. And whereas several treaties of friendship exist between the two contracting parties and the said mations of Indians, it is hereby agreed, that in future no treaty of alliance, or other whatsoever (except treaties of peace) shall be made by either party with the Indians living within the boundary of the other; but both parties will en deavour to make the advantages of the Indian trade common and mutually beneficial to their respective subjects and citizens, observing in all things the most complete reciprocity, so that both parties may obtain the advantages arising from a good understanding with the said nations, without being subject to the expence which they have hi therto occasioned. 6. Each party shall endeavour, by all means in their power, to protect and defend all vessels and other effects belonging to the citi zens or subjects of the other, which shall be within the extent of their jurisdiction by sea, or by land, and shall use all their efforts to recover, and cause to be recovered, to their right owners, their vessels and effects which may have been taken from them within the extent of their said jurisdiction, whether they are at war or not with the subjects who have taken possession of the said effects. 7. And it is agreed, that the subjects or citizens of each of the contracting parties, their vessels or effects, shall not be liable to any embargo or detention, on the part of the other, for any military expedition, or other public or private purpose whatsoever. And in all cases of seizure, detention, or arrest, for debts contracted or of fences committed by any citizen or or subject of the one party within the jurisdiction of the other, the same shall be made and prosecuted by order and authority of law only, and according to the regular course of proceedings usual in such cases. The citizens and subjects of both parties shall be allowed such advocates, solicitors, notaries, agents, and factors, as they judge proper in all their affairs, and in all their trials at law, in which they may be concerned, before the tribunal of the other party, and such agents shall have free access to be present at the proceedings in such causes, and at the taking of examinations and evidence which may be exhi bited on the said trials. 8. In case the subjects and in habitants of either party, with their shipping, whether public and of war, or private, and of mer. chants, be forced, through stress of weather, pursuit of pirates or enemies, or any other urgent ne. cessity for taking shelter or harbour, to retreat and enter into any of the rivers, bays, roads or ports belonging to the other party, they shall be received and treated with all humanity, and enjoy all favour, protection and help; and they shall be permitted to provide them selves, at reasonable rates, with victuals, and all things needful for the sustenance of their persons; or reparation of their ships, and prosecution of their voyage; and they shall no ways be hindered from returning out of the said ports or roads, but may remove and depart when and whither they please, without any let or hindrance. 9. All ships and merchandize, of whatever nature soever, which shall be rescued out of the hands of any pirates or robbers on the VOL. XXXVII. high seas, shall be brought into some port of either state, and shall be delivered to the custody of the officers of that port, in order to be taken care of, and restored to the true proprietor, as soon as due and sufficient proof shall be made concerning the property thereof.. 10. When any vessel of either party shall be wrecked, foundered, or otherwise damaged, on the coast; or within the dominions of the other, their respective subjects and citizens shall receive as well for themselves as for their vessels and effects, the same assistance which would be due to the inha. bitants of the country where the damage happens, and shall pay the same charges and duties only as the said inhabitants would be subject to pay in a like case: and if the operation of repairs would require the whole, or any part of the cargo to be unladen, they shall pay no duties, charges, or fees, on the part which they shall relade and carry away. it. The citizens and subjects of each party shall have power to dispose of their personal goods, within the jurisdiction of the other, by testaments, donation, or otherwise; and their representatives, being subjects or citizens of the other party, shall succeed to their said personal goods, whether by testament or ab intestato, and they may take possession thereof, either by themselves or others acting for them, and dispose of the same at their will, paying sale duties only, as the inhabitants of the country where the same goods are shall be subject to pay in like cases. And in case of the ab sence of the representative, such U care |