Page:United States Statutes at Large Volume 8.djvu/169

 Between the United States and the Kingdom of Tunis.

God is infinite.

the auspices of the greatest, the most powerful of all the princes of the Ottoman nation who reign upon the earth, our most glorious and most august Emperor, who commands the two lands and the two seas, Selim Kan the victorious, son of the Sultan Moustafa, whose realm may God prosper until the end of ages, the support of kings, the seal of justice, the Emperor of Emperors.

The most illustrious and most magnificent Prince Hamouda Pacha, Bey, who commands the Odgiak of Tunis, the abode of happiness, and the most honored Ibrahim Dey; and Soliman, aga of the Janissaries and chief of the Divan; and all the elders of the Odgiak; and the most distinguished and honored President of the Congress of the United States of America, the most distinguished among those who profess the religion of the Messiah, of whom may the end be happy.

We have concluded between us the present treaty of peace and friendship, all the articles of which have been framed by the intervention of Joseph Stephen Famin, French merchant resident at Tunis, chargé d'affaires of the United States of America; which stipulations and conditions are comprised in twenty-three articles, written and expressed in such manner as to leave no doubt of their contents, and in such way as not to be contravened.

Art. I. There shall be a perpetual and constant peace between the United States of America and the magnificent Pacha, Bey of Tunis; and also a permanent friendship, which shall more and more increase.

Art. II. If a vessel of war of the two nations shall make prize of an enemy vessel in which may be found effects, property, and subjects of the two contracting parties, the whole shall be restored; the Bey shall restore the property and subjects of the United States, and the latter shall make a reciprocal restoration; it being understood on both sides that the just right to what is claimed shall be proved.

Art. III. Merchandise belonging to any nation which may be at war with one of the contracting parties, and loaded on board of the vessels of the other, shall pass without molestation and without any attempt being made to capture or detain it.

Art. IV. On both sides sufficient passports shall be given to vessels, that they may be known and treated as friendly; and considering the distance between the two countries, a term of eighteen months is given, within which term respect shall be paid to the said passports, without requiring the congé or document (which at Tunis is called testa), but after the said term the congé shall be presented.

Art. V. If the corsairs of Tunis shall meet at sea with ships of war of the United States having under their escort merchant vessels of their (157)