)]LCD€)MF1E]LID)^ >j \^ Robert E. Gross Collection A Memorial to the Founder of the Business Administration Librar)- Los Angeles 3ERTSLET (Lewis) A Complete Collection of the Treaties and Conventions ;sent subsisting between Great Britain and Foreign Powers ; so far as they reh Commerce and Navigation ; to the Repression and Abolition of the Slave Trad i to the Privileges and Interests of the Subjects of the High Contracting Parti e Whole in English, and the Modern Treaties, and most Important Documen in the Foreign Languages in which they were Signed. Compiled from Authen 'cuments, first edition, pages vi, 408 ; vi, 395, 2 vols., 8vo, full hroKm moroc 1 backs, London, for T. Egerton, 1820 £22/I( 70 ALGIERS. there, 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 ISIajesty'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 khidred 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 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 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 ihe road, as often, and when he pleases, and to have the liberty BARBARY. STATES. 71 of the CDiinti V, luul tliat he shall be allowed a place to pray in, and that no man shall do him any injury in word or deed. XV III. That not only during the continuance of this peace and friendship, but likewise if any breach, or war, happen to be heieafter 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 inhabithig in the Khigdoni 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 any ship or vessel of what nation soever they shall think lit, and to carry with them all their estates^ goods, 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 w ith Algiers : and in like manner, no Algerine passenger being on board any ship or vessel in enmity W'ith 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 Majesty, cause a salute of one-and-twenty cannon to be shot from the castles and forts of the city ; and that the said ship shall return an answer by shooting oft^ the same number of cannon. XXI. That presently after the signing and sealing of these Articles by the Bashaw, Dey, Aga, and Governors of Algiers, all injuries and damage 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. f4 7-2 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, 1097, and the three-and- twentieth day of the Moon, Gemasilavel. Signed Wm. Soame. TREATY between Great Britain and Alsiers. Simed at b' .Algiers, \lth August, 1700.* Peace confirmed, and additional Articles made with the Govern- ment of Algier, by Capt. Munden, and Consul Cole. L 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 belonging to ourGovernment 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, or 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, (hat such orders shall for the future be given * Reiicncd hy the Tieiitj ot 18tli Maitlij 1729. BARBARY STATES. 73 to all our comnumders, that, under a severe punishment, and our 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 hi 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, and 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. HI. That whereas Captain John Munden has given us good assurance that he had a great affront some years past from some of our rude sailors at the Mould ; we do hereby promise, that at all times, whenever any of the King of Great Britaiai'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 J7, 1700. Signed John Munden. (L.S.) (L.S.). Robert Cole. 74 ALGIERS. TREATY between Great Britain and Algiers. Signed at Algiers, ^iSth 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, &.C. and the Most Illustrious Lord MustaphaDey, 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 R«d Squadron of Her Majesty's Fleet, on the 28th day of October, old style, 1703. I. In the first place it is agreed and concluded, that from this day, and for ever forwards, that the peace made by Arthur Her- bert, Esq., then Admiral of Her INIajesty's Fleet, in the Medi- terranean, in the year 1082, and since confirmed by 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, be renewed and con- firmed, (with the farther addition to the 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, &c. and the most Illustrious Lord MustaphaDey,theBashaw,Aga, and Governors of the famous City and Kingdom of Algiers, and between all the dominions and sub- jects of either side, and that the ships and otlier vessels, and the subjects and people of both sides, shall not henceforth 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 ; 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 England should pay ten per cent, custom for the goods they should sell at Algiers, or dominions thereof. Now, for the bet- ter settling and maintaining a good commerce between the sub- * Renewed b^- the Tlc^(y of 18lh March, 1729. BARBARY STATES 75 jects of EnglaiKl and those of Algiers, it is agreed and declared, that from hencelbrw ard 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 litted 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. Confirmed and sealed in the presence of Almighty God, the 2Bth day of October, in the year of our Lord Jesus Christ, 1703, and in the year of the Hegira, 1 ] 15, and the 1st day of the Moon, Regep* Signed G. Byng. TREATY betzceen Great Britain and Algiers. Sianed at Algiers, C9 October, 1716.* t)' Articles of Peace and Commerce between the Most Serene 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 Majesty's ship, Chester, and Thomas Thompson, Esq. His Majesty's Consul at Algiers, on the 29th day of October, 1716, 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 llie Treaty ol" I81I1 March, 1729. 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. then Admiral of His Majesty's fleet, in the Mediterranean in 1682; { nd since confirmed by Sir Wm. Soame, Bart. Ambassador to the Grand Signior,in 1686, with the additional Articles agreed to with Capt. Muuden and Consul Cole, in the year 1700. And likewise tlie fiivther 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 wath 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, in the same manner as if they had been born in any BARBARY STATES. 77 other 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 Algiers 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. AUj^iers, 99 October, 1716. 78 ALGIERS. TREATY between Great Britain and yJ/giers. Signed at Algiers, \Slh March, 1729.* 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 Faitli, &.C., 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 sliips 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. (in 1682) then Admiral of His Majesty's fieet ; 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 Thomas 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, &c., 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, * llciiewed by Treatj of eStli 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, 1 142, and the Tenth day of the Moon, Ramadan. Signed Phil. Cavendish. ADDITIONAL ARTICLE between Great Britain and AU giers. Signed at Algiers, ^d 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 Eftendi 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's commission ; and both at meeting and parting, they shall be treated as friends : and 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, Regib. Signed Augustus Keppel. Ambrose Stanyford. * Renewed by Treaty of 28th August, 181 6» 80 ALGIERS. TREATY between Great Britain and Algiers. Signed at Al- giers, \A May, MQ'I,* Articles of Peace and Commerce between the Most SiTvine auJ Mi^lity 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, offence, or injury, either in word or deed; but shall treat one another m ith all possible respect and friend- ship ; and that all demands and pretences whatsoever, to this day, between both parties, shall cease and be void. n. 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 suffered to bring the said prizes into any port, road, or harbour of the Kingdom of Algier; and to dispose * Renewed by Treaty of 5;8th August, 1816. BARBARY STATES. 81 of the whole or any part thereof, or otherwise to depart with such captures, without the least hindrance or molestation. III. 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, ^r by any ships or vessels of His Majesty's subjects, within sight of any part of the coast of the 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 Fourteenth day of May, in the year of our Lord Jesus Christ, 1762, and in the year of the Hegira, 1175, and the 21st day of the Moon, Cheval. Signed Arch. Clevland. TREATY between G reut Britain and Algiers. Signed at Algiers, 3d August, 1765.* 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 Empire, &c.&,c. and theMostlllustrious Lord Ally, Bashaw, Dey and Governor of the warlike City and Kingdom of Al- gier, in Barbary ; concluded, ratified, confirmed and renewed, by His Excellency Archibald Clevland, 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 28th August, ISIG. VOL. I. » ^o ALGIERS. after a mature and regular deliberation with the Divan, that from henceforward, no Englishman taken by sea or by land shall, upon any 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 public 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 : when they shall take refuge in the Casherias, or Soldiers' barracks, which being looked upon as sacred, any one taking refuge there cannot be meddled with. Confirmed and sealed in tlie 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, 176j, and hi the year of the Hegira, 1179, and the day of the Moon, Sufferr. Signed Arch. Clevland. BARBARY STATES. 83 TREATY betU'cen Great Britain and Algiers. Signed at Algiers, 3d September, lyOO.* 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 power for that purpose. I. In the first place it is agreed and concluded that there shall be a lasting peace and friendship 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, offence 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-ultimo. Signed John Falcon. * Renewed by Treaty of Jolli Avij^usl, 1816. <; '2 84 ALGIERS. 'I'KEATY hetiveen Great Britain and Algiers. Signed at Jl- 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 Khigdom 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 Kingdom 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 STxVTES. 85 Serene Highness, Omar Bashaw, Dey and Governor of the war- like City and Kingdom of Algiers, are concluded by the Right Honourable Edward 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 Britannic Majesty, mIio 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 they were to all intents and purposes British-born subjects. III. His Highness the Dey of Algiers in recognizing the inha- bitants of the said Ionian Islands as British subjects, hereby en- gages to release immediately without 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 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 Dey of Algiers hereby engages to give the most positive orders, and adopt measures, to prevent such practices in future, under the severest punishment of the G 3 86 ALGIERS. offender. Tlie oath of tlie 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, I8l6, and in the year of the Hegira, 123!, and the 4th day of the Moon, Ouell. Signed Exmouth. ADDITIONAL ARTICLE hetzoeen Great Britain and Al- giers. Signed at Algiers, May 20th, 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 ihe 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, 18l6, and in the year of the Hegira, 1231, and the 22d day of the Moon, Gemas Lehar. Signed Exmouth. TREATY between Great Britain and Algiers. Signed at Al- giers, 28 M August, 1816. 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- * Rciicvvod by tlic Treaty of '28lh August, 1816. BARBARY STATES. 87 rene Highness Omar Bashaw, Dey and Governor of the warlike City and Kingdom of Algiers, made and 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 Commander in Chief of a Squadron of His said Majesty's ships and vessels employed on a parti- cular service, being duly authorized by His Royal Highness the Prince Regent, acting in the name and on the behalf of His Britannic Majesty. I, It is hereby agreed and concluded, that from this day and for ever there shall be a strict and inviolable peace and friend- ship, between His Britannic Majesty and the Kingdom of Algiers, and that all the Articles and Treaties of Peace and Commerce subsisting between the Kingdom of Gj'eat Britain and its de- pendencies, 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 shall 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 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, Consul General. DECLARATION of the Dey of Algiers, 2Sth August, 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 Crt>ss of the Most 88 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 of 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 his shicere 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- Boners of war to slavery is hereby formally and for ever renounced. Done 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. Mc Don ell. Agent and Consul General. By Command of the Admiral. Signed Jos. Grimes, Sec. ( 8ff ) MOROCCO. TREATY between Great Britain and Morocco. Signed at Fez, 23d January, 1721.'* Treaty of Peace concluded between His Majesty George the First, 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. The following Articles were agreed on, in the presence of Bashaw Ahamad, son of Abdula, and the then English Am- bassador, interpreted by Moses, son 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 same ; 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 Ailitle XL. ol tlie 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 without 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 demand be made or taken by the ships of either power from each other; and if any subjects of any other Nation shall be on board either the English or the Emperor's ships, they shall be safely protected by both sides. IV. If the Emperor's men of war meet with any English ships, 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 English Consul ; and if the Consul shall not be present to make them, then the passports made out by the English merchants to be good and valid. V. If the English men of war, privateers, or letter-of-marque ship, shall take prizes from any Nation with whom they shall be at war, they shall have liberty to bring and dispose of the same in any of the Emperor's Dominions, without any duty or charge whatsoever. VI. If any English ship shall, by storm, or in flying from her enemy, come upon the Emperor's coasts, the same shall be safely protected, and nothing touched or taken away, but shall be under the direction of the English Consul, who shall send the goods and people where he shall think fit. VII. It is the mutual agreement of the King of Great Britain BARBARY STATES. gt and llic Emperor, that tlie Emperor do issue out orders to all parts of his Dominions, 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 without interruption ; that the English Consuls, merchants, and other subjects of Great Britain, may safely travel by land with eft'ects, without any hindrance whatever ; and if any English, settled in the Emperor's Dominions, shall be desirous to return home, that they may so do with their families, goods, and effects, w ithout 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 a 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 satis- fying the same, no other person shall be liable to pay such debts. The like 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 English ship shall be compelled, without their own will and consent, to carry 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 happen between any Englishman and a Musselman, by which hurt to either may en- sue, the same to be heard before and determined by the Empe- ror 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 determined by 93 MOROCCO. the English Consul, who 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 such oifence ; 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 Mahon, 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 conclusion 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 be restored. BARBARY STATES. 93 Made and declared in the presence of the tmperor's servant Ahammed Basha, son of AHi, son of Abdula, by the au- thority given to him by the Emperor. Dated this 23d of January, in the year, 1721, 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 betzceen 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 MuUey Abdalla, Ben MuUey Ismael, Ben Mulley Xeriph, Ben MuUey Aly, King and Emperor of the Kingdoms of Fez, Taffalet, Suz, and all the Algarbe and its Territories in Africa, &c. 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 any 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 to appear, before the Cady or Justices of the Country, in any cause, but only the Governor of the place, and His Britannic Majesty's Consul, to take cognizance of, and adjust the difference they 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, &c. &c. (of Glorious Memory) and the High and Glo- rious, Mighty and Right Noble Prince Albumazer Muley Ismael, late Emperor of Morocco. And it is further agreed, that all the Articles aforementioned, as well as the fifteen, as the additional ones, 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 Russell. BARBARY STATES. 9a TREATY heliveen Great Britain and Morocco. Signed at , \5th December, 1734.* TiiEATY OF Peace betweeen His Majesty George the Second, King of Great 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 hands 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 slaves, 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, 1734. Signed John Leonard Sollicoffre. TREATY between Great Britain and ]\lorocco. Signed at Fez, 1 5th 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- ports given to them by the English Consul. III. If any dispute shall happen between the English and the * Renewed b>' Article XL. of the Treaty 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 houses 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 any of the Emperor's subjects shall hire any English ship to carry and convey goods from one part of the Emperor's Do- 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 assistance 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 ll64, which is in English stile, the 15th of January, 1750. Signed William Petticrew. ADDITIONAL ARTICLES between Great Britain and Mo- rocco. Signed at Fez, \st February, 1751.* Additional Articles of Peace and Commerce between the Most High, Illustrious, and Most Renowned Prince George the Second, by the Grace of God, King 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. Fez, Morocco, Taffilete, Sus, and 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 Britannic Majesty in Germany, 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 Great 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 said 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 Sollicoffre, 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 deposited 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. Sinned William Petti crew. TREATY between Great Britain and Morocco, signed at Fez, IQth July, 1760.* Articles of Peace and Commerce, made between the Hi^h 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, &c. concluded, agreed, and adjusted by the said Emperor of Fez and Morocco, and by the Noble 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 in- habitants, of whatever condition, degree, or quality they be, shall 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 llic 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 paitl 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, Mhich shall be thrown on the coast of Great Britain, or Dominions thereunto belonging, shall be treated in the same manner. 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, that 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 sliall 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 UYi MOROCCO. ceding Articles, according to their true intent, that the ships of >var or cruizers, belonging to the Emperor of Fez and Morocco, or to his subjects, meeting M'ith 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 pleases, 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 ac- 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 M'ell 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 w hensoever 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 ooods 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 ease, the Governor shall not intermeddle further than to use his authority, to see that the will and testament of the de- ceased be carried into execution, as in recovery of his debts, 8\.c. and further declares, that no subject of His Britannic Majesty shall be obliged to give satisfaction for any other debt, but what u 4 104 MOROCCO. 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, residing 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. Vlir. It 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 thereof, 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 diffeience, arises between the subjects of His Britannic Majesty, they shall be accommodated by the BARBARY STATES. 10^ Consul of the nation : and if any quarrels 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 or 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 w^ar, 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 born in the country, and servants, without the least detention, impediment or embargo. XL 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 com- modities are embarked, to the port His Imperial Majesty shall appoint. 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 English 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, &c. XVII. It is moreover agreed, that such a number and quantity of passports shall be transmitted to the Emperor of Fez and Mo- rocco, 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 of 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 oflFend- iii"- through ignorance ; and all the Commanders 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 causes, 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. XXn. 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 F'ez 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 shaies, and as the ship or effects shall have been sold ; and the part, which shall remahi entire, shall be immediately restored in its own spe- cies ; the people shall be set at liberty. XXHI. 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 bcforc-mentioucd, 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 Officers 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 hands of the said Judge, or the Alcaide of the Port, for occasions that may offer; and, 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, His 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 25,000 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, cloaths, 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. 110 MOROCCO. ADDITIONAL ARTICLE. It is moreover 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 Royal Court of Fez, the 28th of July, 1760. Sioned Mark Milbanke. ADDITIONAL ARTICLES hetzceen 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. Ill 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. T. 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. BARB ARY STATES. lU Dominions or Ports, have free liberty to come and recover the same, and to be 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 Logic 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 Logic, 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 Abdcl- 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 lodo;ine 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 wiiat- BARBARY STATES. 121 ever; shall be allowed to buy provisions and other necessaries, for the support of their persons and future subsistence to their 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, shall 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, tluoughout 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. XX XVII. 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 1^3 MOROCCO. and provisions to exceed the quantity oftered for sale, tlie English subjects shall at all times be furnished with an equal proportion at the 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 Islajesty's garrison of Gibraltar shall be in any w ant 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 with Muley Ishmael, Muley Ab- dellah Ben Ishmael, and Sidi Mahomet Ben Abdellah, shall con- tinue in force and be faitiifully observed, except the Articles that shall be found contrary to what is this day concluded and signed. XLl. 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 friendship 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 own subjects. XLll. If ever the good understanding and friendship now subsisting between the two Courts should be broken, and war BAIIBARY 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 born 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 distmbed 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. The writing of the slave of God, Mohamed 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, l)y means of His Ambassador, James Mario Matra. I consent to all of them, and make my peace on them, except one Article, which is No. 7, 1'24 MOROCCO. which says that the Cadi, or Moorish Judge shall not be present at the trial of causes between English merchants and Moors ; to this 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 Sale, the Sth of April, 1791. Signed James M. Matra. BARBARY STATES. 125 TRIPOLI. TREATY between Great Britain and Tripoli. Signed at Tripoli, ISth October, l662 * 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 La\vson,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 injury to each other, but treat one another with all possible respect and friendship : and any ships belongino- to the King of Great Britain, 8cc. 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, &.c. and any of His Majestv's Subjects, as those belonging to Tripoli, shall freely pass the Seas, and traffic without any search, hindrance, or molestation whatso- ever. And 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 • Ilenewed by Article XXV. of the Treaty of 1716, Vfm TRIPOLI. the subjects of the Kmg 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, &c. 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. HL That any ship belonging to the Subjects of His Majesty the King of Great Britain, &c. 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 any 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, &c. 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 That 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, sliull have free liberty, when they please, to transport themselves, with their families and children, althongh' born in the country. VU. That the Consul, or any other subject of the King of Great Britain, Sec. 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 shall 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, m 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. 1^ 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 slaves, 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 and Tripoli. Signed at Tri- jwli, 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 Xingdom 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, oftence, or injury, either in word or deed, but shall treat one another with all possible respect and friendship. * ReiR-wod Iiv Article XXV. of Ilio Treat v of 1716. BARBARY STATES. 129 II. That 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 Kingdon), 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 ihose 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 lier or their voyage. And although the Commander or Com- mandei's of the said merchants' 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. I. K 130 TRIPOLI. freely on her or their voyage ; and if 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 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, 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 violence or torture unto any person of what natioji or quality soever, being on board any ship or vessel of His Majes- ty's 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 the ships or other smaller vessels of Tripoli 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, vessels, men or goods, belonging to any of 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. X. That if any of the shrps of war of the said King of Great BARBARY STATES. 13l Britain do come to Tripoli, or to any other port or place of that Kingdom, with any prize, they may freely sell it, or otherwise dis- 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 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. XI. 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 Governors of Tripoli, public proclamation shall be immediately made to secure the Christian captives ; and if after that any Christians whatso- ever 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 said Majesty's subjects, be obliged to pay any thing for the said Christians. XH. 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 seized by the Governors or any Minister of Tripoli, but shall all remain with the English Consul. XHI. 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 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. 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 in Tripoli, shall be there at all times with entire freedom K 2 132 TRIPOLI. and safety of his person and estate, and shall be permitted to choose his own druggernian 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, npon 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 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, 8cc. 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 Kingof 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 Barbarv, 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 tied 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 Heet in the Mediter- ranean Seas, all English Captives residing in the City and Kingdom BARBARY STATES. l:)3 of Tripoli, and Dominions tlicreunto belonging, without paying any ransom for them ; and likewise by setting at liberty, and de- livering unto the said Sir John Narbrough, Knight, all other per- sons taken under English colours, without paying any ransom for them, and by paying 80,000 dollars in monies, goods, and slaves to the aforesaid Sir John Narbrough, Knight. 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. XXr. That at all times when any ship of war of the King of Great Britain, 8lc. 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. XXH. That presently after the signing and sealing of these Articles by us Halil Bashaw, Ibraini J3ey, 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 K 3 134 TRIPOLI. can be given of this Peace, full 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 ot 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 Zelhedga, and the year of the Hegira, 1086. (L.S.) (L.S.) (L.S.) (L.S.) Bashaw. Dey. Divan. Signed John Narbrough. TREATY betz&een Great Britain and Tripoli. Signed at Tri- poli, \st 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, Admiral of His said Serene Majesty's fleet, 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 Lord 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, » Renewed b^ Article XXV. of tlie Treaty of 1716. BAIIBARY STATES. 13j we, Halil Bashaw, Aga, Divan, Governors, Soldiers, and People of the aforesaid City and Kingdom of Tripoli, have chosen and elected Vice Admiral MustaphaGraud to beDey of the said City and King- dom of Tripoli, in Barbary, to succeed Ibraim Dey in the afore- 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 Commerce, which were lately made and concluded as aforesaid, and having seriously perused 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 agree to and with Sir John . Narbrough, Knight, aforesaid, for the just and exact 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 Articles aforesaid ; hereby firmly engaging ourselves and successors, as- suring on our faith, sacredly to maintain, and strictly to observe, perform and keep inviolably all and every the 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 belonging, 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 greatest severity, and his or their heads shall be immediately cut ofif, and forthwith be presented unto any officer whom the Most Serene Khig of Great Britain, &.c. shall authorize to make demand thereof. It is farther agreed, that the subjects belonging unto the Most Serene King of Great Britain, &c. trading unto the Port of the City and Kingdom of Tripoli, in Barbary, aforesaid, or unto any Port or place of the Dominions thereunto belonging, in any mer- chant's ship or other vessel belonging unto the said Serene King's subjects, shall not pay so much custom by one per cent, for what- K 4 136 TRIPOLI soever goods or merchandize they sell or buy, as other Nations do for the custom of the like goods or merchandize, notwithstand- ing ^Yhatsoever is specified in the second Article aforesaid, to the contrary. And that the Most Serene King of Great Britain'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 26tli day of the Moon Zaphire, and the year of the Hegira, 1087. (L.S.) (L.S.) (L.S.) (L.S.J Bashaw. Dey. Divan. Signed John Narbrough. ADDITIONAL ARTICLES between Great Britain and Tri- poli. Signed at Tripoli, \]th October, l694.* 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 aiid Divan of the City and Kingdom of Tripoli, by Thomas Baker, Esq. His Majesty's late Agent and Consul, atAlgier, 1 1 th day of October, 1694. * Renewed by Article XXV. of Ihe Treaty of 1716. BARBARY STATES. 137 I. That, whereas, the Dey of Tripoli is obliged by his Treaty with the French King to salute any of His flag 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. ni. 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 belzceen Great Britain and Tripoli. Signed at Tri- poli, \9th 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 b}' Article XXIV. of the Treaty of 17 jl. 138 TRIPOLI. fleet, and Admiral and Commander in Chief of His Ma- jesty's ships employed, and to be employed in the Mediter- ranean, being properly empowered for that purpose. I. In the fust 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 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 each other, but shall shew all possible respect and friend- ship. II. That all merchant ships belonging to the Dominions of Great 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 shall 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. HI. 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, or molestation, 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, nor 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 hi any of the seas appertaining ito 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 of every such ship or vessel ; and then, BARBAllY STATES. 1.^9 upon producing to them a pass under the hand and seal of tlie 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 Comman- der or Commanders of the said merchant ship or ships, vessel or vessels, produce no pass from the Lord High Admiral of England, 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, shall proceed freely on her or their voyage ; and if 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 or Commanders of any such ship or ships, vessel or ves- sels, shall produce a Pass firmed by the chief Governors of Tri- poli, and a Certificate from the English Consul Uving 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 l>elonging 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 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 Sally, or any other place being in war with the said King of 140 TRIPOLI. Great Britain, bring any sliips, 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 the same 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 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. XIH. 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 ovvn 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 libeity BARBARY STATES. Ul to depart and go to their own 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 born 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. XVI. That if any of the ships of war of the said King of Great Britain do come to Tripoli, or to any other port or place of that Kingdom w ith any prize, they may freely sell it, or otherw ise 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. XVn. 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 said Consul, or Commander, or any other His Majesty's subjects, be obliged to pay any thing for the said Christians. XV''1H. 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 142 TRIPOLI. of Iwenty-sevcn cannon to be shot oflf from the castle and forts of the City ; and that the said ship shall return an answer 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 in 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 whatsoever. XXI. 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 druggermau, three times in twenty-four hours' space, and every time declare his resolution to turn Turk or Moor. XXII. Tiiatthe 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. XXI II. 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 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 Gibraltar shall be esteemed in every respect by the Go- vernment of Tripoli to be part of iiis 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 born in any other part of Great Britain ; and they with their ships and vessels 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. 143 seas or elsewhere, in the same manner, and with the same free- dom and privileges as have been stipulated in this and all former Treaties in behalf of the British nation and subjects. XXIV. And whereas in the Treaty of Peace concluded in the reign of King Charles II. in the year I676, by Sir John Nar- brough, Knt., an Article was inserted, by which the ships and vessels of Tripoli w-ere not permitted to cruize before, or in sight of the port of Tangier, then belonging to Great Britain ; now it is hereby concluded and ratified, that in the same manner none of the ships or vessels belonging to Tripoli, shall cruize or look for prizes, before or in sight of tlie ports of the Island of Minorca, and the City of Gibraltar, to disturb or molest the trade thereof in any manner whatsoever. XXV. That all and every the Articles in this Treaty shall be inviolably kept and observed between His Most Sacred Majesty of Great Britain, and tlie Most Illustrious Lords and Governors of this City and Kingdom of Tripoli, and 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 the same as if inserted here. Dated in the presence of Almighty God, in the City of Tripoli, this 19th day of July, 1716, accord- ing to the Christian computation, and of the Turkish Hegira, the 10th of the Moon Siaban, 1 128. Signed J. Baker. TREATY between Great Brilain and Tripoli. Signed at Tri- poli, 19th September, 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 Lunenburg, Arch-Treasurer and Elector of the Holy Roman Empire^ &c. 8cc. &c. And the Most Excellent and Illustrious Lords Mohammet Bashaw Grimali, Dey, Governor, and Captain- * Renewed by the Treaty of 176?. 144 TRIPOLI. General, Seedy AH Bey, Seedy Hassan Kiaja, the Divan, and all the Officers, Soldiers, and People of the Noble City and Kingdom of Tripoli, in Barbary ; renewed, agreed on, 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 Consul-General 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 side ; 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 shall 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 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 soever, 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. IV. That the Tripoli ships of war, or any other vessels thereunto belonging, meeting with any merchant ships, or other vessels of the Khig 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 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 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 de- part, and the merchant ship or ships, vessel or vessels, shall pro- ceed freely on her or their voyage : and although the Commander or Commanders of the said merchant ship or ships, vessel or ves- sels, produce no Pass from the Lord High Admiral of England, yet if the major part of the ship's or vessel's company be subjects to the said King of Great Britain, the said boat shall presently 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 vessels, shall produce a Pass, signed 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, 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. VL 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. VH. That no ship, or any other vessel of Tripoli, shall have permission to be delivered up, or to go to any other place in VOL. I. L 146 TRIPOLI. enmity with the said King of Great Britain, to be made use of as corsairs at sea against His said Majesty's subjects. VIII. 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 or vessels, men or goods, belong- ing 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, like as is aoreed 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 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, unless they become surety for the same 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 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 without the Consul being present. XUI. That the English Consul now, or at any time hereafter, living 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 to pray in ; and that no man shall do him any injury, either BARBARY STATES. 147 in word or deed ; and that lie shall have liberty at all times of hoisting His Majesty's flag at the top of his house, and on his boat, when lie passes on the water. 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 to depart and go to their own 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 born 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, 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 think 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 comes to an anchor in the road, immediately after notice thereof given by His said Majesty's Con- L 2 148 TRIPOLI. sul, or officer 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 Eng- 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 (o 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 molestation whatsoever, either on the seas or else- where, in the same maimer, 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, and tlic City of Gibraltar, to disturb or molest the trade thereof in any manner whatsoever. BARBARY STATES. 141) XXII. That if any of the ships of war of the said King of Great Britain come to Tripoli, or to any other port or place of that Kingdom, with any prize, they may freely sell it, or other- wise 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. 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 full, 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 most favoured nation. 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 of ships, pitch, tar, rosin, ropes, cables, masts, blocks, anchors, sails, and all other habiliments of war, as well by sea as by land ; as also provisions, viz. wheat, barley, beans, oats, or the like, they shall 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 L o 150 TRIPOLI. and declared, that the said new Passes shall, during the above mentioned spaces of time of three years and one year, be of ful and sufficient force and effect to protect all ships and vessels o' 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 lime the garrisons of Gibraltar or Port Mibon should be in want of provisions, and should send for the same to Tripoli, or any part of the Dominions thereof, they shall, if it is to be had, be supplied with it at the market-price. XXIX. That all packets, bearing His Britannic JNIajesty's Commission, which shall be met by any of the crulzers of Tripoli, 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 Commis- sion ; and both at meeting and parting, they shall be treated as friends ; and if any of the Tripoli cruizers commit the least fault 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 and observed between His Most Sacred Majesty of Great Britain, and the Most Illustrious the Bashaw, Lords and Governors of the City and Kingdom of Tripoli, and between the Dominions and subjects 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, 1164, the 'i'Jth day of the Moon Shawan. Signed A. Keppel. Divan. Robert White. Kiaja. Bey. Bashaw. BARBARY STATES. 151 TREATY between Great Britain and Tripuii. Signed at Tripoli, 'I'ld July, 176'2.* Articles of Peace and Commerce between the Most Serene and Might_y 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 tlie Holy Roman Empire, &c. &c. &c. 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 Excellency Archibald Clevland, 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 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 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 Il- lustrious Lords Mohammet 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 shall 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- second 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 Arch. Clevland, (L. S.) * Renewed by Article I. of the Treaty of 1812. J5a TRIPOLI T REATY betzveen Great Britain and Tripoli. Signed at Tripoli, \Olh May, 1812. Matthew Smith, Esq. Captain of His Britannic Majesty's ship Comus, 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. II. 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 chase to the ships of their enemies, which shall be entering or going out, nor shill they in any manner whatever disturb the free ingress or BARBARY STATES. 153 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- mitted to sail for any port, bay, or roadstead belonging to the Kingdom, mitil 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 maintain 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, the sale of any prizes or prize goods whatever that may have appertained to Great Britain ; but that such prizes shall be obliged to depart with the whole 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 ^ra, 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 belzceen Great Britain and Tripoli. Signed at Tri- poli, l^th 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, Cerigo, and Paxo, with their dependencies in all 154 TRIPOLI. their various interests, under the immediate, and exclusive pro- tection of Ilis Majesty the Khig of the United Kingdom of Great Britain and Ireland, His Heirs and Successors ; the follow- ing 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- iTiander 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 Tripoli, 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, against the said Ionian States and sub- jects, as if they were, to all intents and purposes, British-born subjects. HI. His Highness the Bey of Tripoli, in recognizing the in- habitants of the said Ionian Islands, as British subjects, hereby eno-ages 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 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 BARBARY STATES. lo5 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 ; m ith 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 the crew shall be sufficient proof of the fact, and for the punc- tual 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 Tripoli, the complaint shall be heard and determined by regular examination before the Bey in the pre- sence of the Consul. V. His Highness the Bey of Tripoli, hereby further engages to recognize the Flag and subjects of the Kingdom of Hanover, on the same footing as those of other countries belongin"; 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 Britain in all their various interests. 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, 12^1, 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 Hanmer Warrington, (L. S.) B. C. G. Seal of the Bey. DECLARATION of the Bey of Tripoli, oQih April, 181G. Declaration of His Highness Sidi Jusef Caramanli, Bashaw and Bey of the Regency of Tripoli and its Dependencies, 156 TRIPOLI. in Barbary, 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 liis 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. BAUBAUY STATES. 157 TUNIS. TREATY betreeen Great Britain and Tunis. Signed at Tunis, bth October, 1662 * Articles of Peace between the Most Serene and Mighty Prmce, Charles the Second, by the Grace of God, Khig of Great Britain, France and Ireland, Defender of the Faith, &c. 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 Treat}' of 1751. 158 TUNIS. ships of Tunis are to have a certificate under the hand of the English Consul there, that they belong to that place ; which be- ino- 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 t^oods or passengers belonging lo the Kingdom of Tunis, they shall be bound to defend them and their goods, so far as lieth in their poM'er, 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 Party, 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 families and children, although born 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- sidino- in Tunis, shall not be forced to make his addresses in any difference 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 his 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, at the price the natives buy it in the market, without pay- ing custom to any officer. XI. That in case any ships of war belonging to the Dominions of Tunis, shall take, in any of the enemy's ships, any English- man serving for wages, they are to be made slaves ; but if BARBARYSTATES. i5[) merchants or passengers, they are to enjoy their liberty and goods free and entire. XII. That if any ship of war belonging to the Kingdom of Tnnis, fighting nnder his own colours, with any English ship not wearing English colours, and shall surprise her under the same, the said English ship shall be prize, notwithstanding the peace. XIII. That in case any slave in the Kingdom of Tunis, of any nation whatsoever, shall make his escape and get on board any ship belonging to the Dominions of His Sacred Majesty the King of Great Britirin, &c. the Consul shall not be liable to pay his ransom, unless timely notice be given him, to order that none such be entertained ; and then if it appear that any slave hath so got away, the said Consul is to pay to his patron the price for M'hich he was sold in the market ; and if no price be cut, then to pay three hundred dollars and no more. These Articles aforementioned are to remain firm for ever, without any alteration ; and in all other particulars not mentioned in these Articles, the regulation shall be according to the Capitu- lations general with tlie Grand Signior. Signed and Sealed in the presence of the Great God. Signed John Lawson. Tunis, 5th October, 1662. TREATY betzceen Great Britain and Tunis. Signed at Tunis, 30th August, 17 IG.* 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, Sec. and the Most Excellent Lords, Ally Bashaw, Ussain Ben Ally Bey, Cara Mustapha 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. of the Trcafjr of 1751. IGQ TUNIS. His Majesty'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 commerce, shall be and continue, between the subjects of His Most Sacred Majesty, George, King of Great Britain, &.c. and the People of the Kingdom of Tunis, and the Dominions thereunto belonging ; but that this Article shall not cancel or make void any just debt, either in commerce 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. H. That the ships of ether 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. IH. 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 them 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 tlie 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 in this BAIIBARY STATES. l6l 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 given 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 on the British nation than by this method shall be proved to be just and equitable. V. That 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 then- families and children, although born 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 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 hnn- self, 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 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- 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 Citj' of VOL. 1. ^ M IG'2 TUNIS. Gibraltar, shall be esteemed in every respect by the Government of Tunis, 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 born 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- vennnent of Tunis, it is hereby agreed and concluded by the Par- ties beforemeutioned, 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 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 Britannic 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 frequently 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 to Tunis, they shall be permitted to buy cattle, alive or dead, and all other kind of provision at the prices it is sold in the market ; and shall be suffered to carrv it BARBARY. STATES. 163 oflf, without paying duty to any officer, in the same manner as if His Majesty's ships were themselves in 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 are 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 ship 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 none such be entertained ; and then if it appears that any slave hath 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 thereof, there shall be five-and-twenty cannon shot off from the castles of Goletta, or other the nearest fortification belonging to Tunis, according to custom, as a royal 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 Britain, Sec. 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 this said Kingdom of Tunis. XV H. 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 beforementioned, having seen and perused the preceding Articles, do hereby approve, ratify, and confirm the several particulars therein mentioned, and they are to remain firm for ever without any alteration. In testimony of which we do 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, 1? I(^, being the C6th day of the Moon Ramadan, and the year of the Hegira, 1 12B. Signed J. Baker, (L,S.) (L.S.) (L.S.) (L.S.) TREATY betrccoi Great Britain and Turns. Signed at Bardo, IQlh 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 Lunenberg, Arch-Treasurer and Elector of the Holy Roman Empire, &c. Sic. Sic. and the Most Excellent and Illustrious Lord All Pasha, Begler Bey and Supreme Commander of the State of Tunis, renewed, agreed on, and confirmed, by the * Renewed by Article 1. of the Trc;i(v of 1762. BARBARY, STATES. l6o Honourable Augustus Kcppel, Commander in Chief of His ]5ritannic 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 full Powers for that purpose. I. That all former grievances and losses, and other pretences between both Parties, shall be void and of no effect; and from henceforward there shall be a firm 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. H. That 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 they 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. HI. That there shall not be any seizure made of any of the ships of cither 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 bound to defend them and their goods, so far as lieth in their power, and not deliver them unto their enemies ; and the better to prevent any unjust demands being made upon the Crown of M 3 166 TUNIS. Great Britain, and to avoid disputes and differences 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 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 on the British nation, than by this method shall be proved to be just and equitable. V. 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. 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 fa- milies and children, although born 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 the parties so offending shall be punished severely according to their deserts. VIII. That the Consul or any other 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 tlie City of Gibraltar, in Spain, do now belong to His Majesty the King of Great Britain ; it is hereby agreed and fully BARBARY STATES. ifi? concluded, 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-born subjects, in the same manner as if they had been born in any other part of Great Britain ; and they, with their ships and vessels wearhig 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 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 Govern- 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. XII. 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 1G8 TUNIS. the prices they are sold in the market, and shall be suffered to carry it off without paying duty to any officer, in the same man- 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 on board an English 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, &,c. 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 shall be 2 per cent, less than any agreement tliat shall for the fu- ture be made with the said French, or that siiall be paid by the subjects of France. BARBARY STATES. lG9 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 port of this Kingdom, any warlike stores, as cannons, mus- kets, pistols, cannon powder, or fine powder, bullets, masts, an- chors, cables, pitch, tar, or the like ; as also provisions, viz. wheat, barley, beans, oats, oil, or the like, for the said kinds 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 other State or nation whatever, the ships of Tunis shall not in any sort aiford 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 molested, 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 time 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 is 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 the 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 Eug- lii^h. 170 TUNIS. XXIII. That if any British ships or vessels meet with any of tlie ships or vessels belonging to the State of Tunis, and there should be any injury or offence given by either side, justice being properly 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, M'ith 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 said new Passes shall, during the abovementioned spaces of time of three years and one year, be of full 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, See. and the Most Illustrious Lord Ali Pasha, Begler Bey and Supreme Commander of the State of Tunis, BARBARY STATES. j;! 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, 1 164, the 10th day of the MoonZil Hadgi Sherissay, Signed A. Keppel, (L.S.) Cha. Goudon, (L.S.) TREATY l.ciweeti Great Britain and Tunis. Signed at Bardo, Q^dJnne, 176'i. 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, 8vc. &.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. I. 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 Consul-General to the State of Tunis, with the late Most Excellent and Illustrious Lord, Ali Pasha, Begler Bey and Supreme Commander of the said Stale, 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 friendship. II. That His Britannic Majesty's Consul living in Tunis, shall for ever hereafter, be allowed the liberty of chusing his own broker and diuggerman, 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, &c. shall at any time hereafter be met with, or found upon the coast of the Kingdom of Tunis, 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 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 ^^ ith 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 2'id day of June, in the year of our Lord Jesus Christ, 17*^)2, and in the year of the Hegira, 1 17,3, and the last day of the Moon Zilcade. Signed Arch. Clevland, (L.S.) BARBARY STATES. 1 73 TREATY between Great Britain and Tunis. Signed at Bardo, 2d May, 1812. In the name of tlie All-Povverfiil God. His Most Serene Highness Hamuda, Basiiaw Bey, Prince of 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 : Behig mutually animated with the desire of putting an end to the recent reiterated complaints, made in consequence of various violations conunitted 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 consequence 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 any 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 lastly, it is agreed and established, 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 ^ra. Signed Thomas Francis Freemantle. Signed Val. Robinson, Vice-Consul. TREATY between Great Jiritain and Tunis. Signed at Bardo, 17th Jpril, 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, Cerigo, and 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 Mahmoud Bashaw, Chief Bey of Tunis, the well guarded City and the abode of happiness, are concluded by the Right Honourable Edward Baron E.\ mouth, Knight Grand Cross of the Most Honourable Military Order f the Bath, Ad- miral 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. BARI5ARY STATES. 175 I. Tlie inhabitants of the Ionian Islands are hereby fully re- cognized and acknowledged by His Highness 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- lated that their flag and commerce shall be henceforward respected as such, accordingly, in all their various hiterests. 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 complaint 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-born subjects. III. His Highness the Bey of Tunis, in recognizing the in- habitants of the said Ionian Islands as British subjects, hereby 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 IVeaty, 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 to give the most positive orders, and adopt measures, to prevent such prac- tices in future, under the severest punishment of the offenders. The oath of the Master, and two other persons of the crew, shall be sufiicient 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 ofticers 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. 176 TUNIS. V. His Highness the Bey of Tunis, hereby further engages to recognize 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 securities 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 arisen on the subject of official correspondence. His Highness the Bey of Tunis promises to aff"ord written replies, to any im- portant communications which the British Consul shall find it expedient from time to time to make to him in his Consular ca- pacity, according to the ancient custom of the country. VH. In order to prevent any discussion hereafter as to the dis- posal of prize property, it is agreed by His Highness the Bey, that no prizes, taken from Great Britain, shall be sold or disposed of in the Port or Kingdom of Tunis, and the strictest neutrality of the Port of Tunis is to be rigidly observed. Done in duplicate, in the Palace of Bardo, near Tunis, in the presence of Almighty God, the 17th day of April, in the year of Jesus Christ, 1816, and in the year of the Hegira, 123 1, and the 19th day of the Moon Jumed Ouell. Signed Ex mouth. Signed Richard Oglander, Aaent and Consul General. GENERAL ADDITIONAL ARTICLE, The Articles in the foregoing Treaty being written in the Turkish language, which Lord Exmouth has not been able to get translated correctly, it is hereby agreed between the Contracting Parties that, in the event of any misunderstanding or misconcep- tion of the said Articles, the same shall be explained by the true meaning 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, ISlG, and in the year of the Ilcgira, 1C31. Signed Ex: mouth, Admiral, &c. BARIURY STATES. 177 DECLARATION of the Bcj/ of Tunis. Signed at Bardo, nth April, I8IG. Declaration of Ills Highness Malnnoud Bashaw, Chief Bey of Tunis, the well guarded City and the abode of happiness, made and concluded widi the Right Honourable Edward Baron 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 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 Tunis, in token of liis 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 that in the event of a future war with any European Power, (which God forbid,) that none of the prisoners made en 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 17th day of April, in the year of Jesus Christ, 18 16, and in the year of the Hegira, 1231, and the igth day of the Moon Jumed Ouell. Signed Exmouth. Signed Richard Oglandeu, Asent and Consul-General. DECLARATION of the Bey of Tunis. Signed at Bardo, igih October, 1817. We, Sidi Mahmoud Bashaw, Bey of Tunis, 8cc. ike. &.c. Do by these presents, sincerely promise and declare, that such VOL.1. N 178 TUNIS. orders shall for the future 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 sight of any part of the Dominions of His Majesty the King of Great Britain and Ireland, or in any way disturb the Peace or Commerce of the same ; except in cases of necessity, such as stress of weather or want of provisions, or on being pursued by any of their enemies, when they shall be allowed to enter for security. The above Article is understood to have no reference to the Commerce of Tunis. Bardo, the 8th day of the Hegira, 1232, and the lyth of October, 1817, of the Christian iEra. 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. ( nn ) DENMARK. TREATY between Great Britain and Denmark. Signed at Whitehall, loth I'ebruari/, 1 660-1.* 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 every 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 ; but that they hinder and prevent each other's losses and destruction, both by fact, counsels, and all their power, n. 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. HI. 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 theTreat^r of Kiel, 1814, N 2 180 DENMARK. things fit ami 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. Vf. 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 him 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 speedy justice be done according to the rights and accustomed laws of the coimtry, and that due punishment be inflicted upon those who have com- mitted the offence or injury, with reparation to be made unto the suffering parlies. 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 the sufferer. XI. 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 Khigs or Kingdoms, endeavours shall be used, that the same may be composed in an amicable way ; nor shall this present league be therefore any way abolished or 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- mark and Norway respectively, be 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 tisliing and trading, they shall enjoy the same liberties, imnumilies and privileges, which the people of any foreign nation whatsoever, abiding or trading, in the said N 3 182 DENMARK. 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 ; to 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 of any foreign nation whatsoever, abiding or trading in the said Kingdoms and Dominions of the King of England, do or shall enjoy. But so that the Sovereign Power of both Kings, in their Kingdoms, Principalities, Dominions, and Ports, respectively, to appoint 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, DENMARK. 183 or by any accident whatsoever, suft'er shipwreck, (which God forbid) upon or about the coasts of the other, the foresaid ships, witli all their tackle, goods and merchandize, or whatsoever remains of them, shall be restored to their owners and proprietors, provided they or their Commissioners or Deputies, challenge and claim 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 be obliged to succour them in their danger, and help them as much as they are able, 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 place, 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 towns 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 any other kind of detention ; but the subjects only 184 DENMARK. of the King of Denmark, who shall have presumed to sell 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 singular, 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 cither'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 attornies, 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 covenanted 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 shall by no means be pernntted to enter, unless timely notice of their coming 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 their commander shall inniiediately 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 appertahi- 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 the five years last past ; but so that the said ships and merchants carry with tliem 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. them, 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 King 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 communicated and effectually granted, freely and with all 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, faithfully, really, and effectually. Done at Whitehall, the 13th of February, I66O-I. TREATY between Great Britain and Denmark. Signed at Copenhagen, Wth Jnhj, 167O.* Extract. (Translation from the Latin.) I, That there be between the two Kings, their Heirs and Successors; as also their Kingdoms, Principalities, Provinces, * Renewed by Article XIII. ol" the Trcnl^- of Kiel, 1814. DENMARK. 187 Estates, Counties, Islands, Cities, Subjects and Vassals, of what condition, dignity and degree soever, by land and sea, in rivers, fresh-waters, and all places whatsoever, as well 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 the Kingdoms, Principalities, Provinces and Estates, or to the Inhabitants and Subjects of the other ; nor suffer any to be done by others, as much as in Him is: but rather live as friends together, using each other 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. The 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 furnished by their subjects : but if the subjects of either Prince shall presume to act contrary hereunto, then that King, whose 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, and regal jurisdiction in His Kingdoms, Provinces, Principalities and Territories respectively. VI. It is notwithstanding 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, 188 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 come to the British Colonies, vmless by special licence of the King of Great Britain first desired and obtained. VII. It shall be 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 poits 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 river of Elbe. In like manner shall it be lawful for the subjects of the King of Great Britahi 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 the 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 staying, 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- nions of the King of Denmark, abiding and tradhig, do or shall DENMARK. 169 eujoy: and so on the other side, the people and subjects of the King of Denmark, shall have and enjoy the same privileges, in the countries and territories of the King of Great Britain; to Mit, 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 Netherlands, or other strangers trading thither, and paying lesser customs, do or shall pay: and in going, returning and staying, as also in tishing and trading, and all other things, 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 Britain, 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 lit 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 without their consent. X. The subjects of either Crown trading upon the 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- frauding of either Prince of His due rights and customs. 190 DENMARK. XI. It is also agreed, that after any planks, masts, and other sorts of timber, have been once put on board the ships of the subjects or people of the King of Great Britain, they shall not be liable to any further search; but all search or scrutiny shall be made before; and if then, either oaken or other prohibited timber be found, it shall 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, 8ic. 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- mark, 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. XIII. And furthermore it is agreed, that whatsoever merchan- dize the subjects of the Khig of Great Britain shall land at Elsi- norc, and there lay in their store-houses, to no other end than to DENMARK. 191 put on board again entire, and transport them to other parts, they shall be obliged to pay only the same duties for such merchandize, and no more, than is wont to be paid in this case by the Dutch nation, or any other strangers : which shall be reciprocally observed to the subjects of the King of Denmark after 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 arrive there, without delay ; no ships, of what nation soever, having preference before them in this behalf: except the inhabitants of certain places, who have anciently held a 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 estate, both money and goods, in any manner whatsoever : and if any one die within the Kingdoms or Provinces of the other Prince, without making any such dispositions, then the goods by him left, moveable or immoveable, of whatever na- ture or condition the same shall be, shall be faithfully preserved for the use of the right heir, and for satisfaction of such debts as 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 residing 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 remain in his hands, to be answered to the heirs and creditors as aforesaid ; but if no such Consul 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 lo 192 DENMARK. carry to them, or furnish ihetn 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 commodities, 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 other may have, by sea or laud, with any other country, may be to the prejudice of the other Ally, and that goods and merciiandize 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 God, King of Great Britain, &jC. CHRISTIAN the Fifth, by the Grace of God, King of Den- ?nark and'Norw(ri/, &)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 liath humbly represented unto us, that the sliip 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 \Aliich are contained in a schedule which she hath with her from the officers 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 having attested by a writing under his hand, and affirmed to be true 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 in 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 VOL.1. o 194 DENMARK. whom tlic ship aforesaiil 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 sufler the said master with the sliip, persons, things, and all merchandize on board her, not only freely and without any molestation, detention or inipedintcnt, to any i)lace whatsoever to pursue his voyage, but also to afford him all otlices of civility, as to our subject, if there shall be occasion ; which upon the like or other occasion we and ours 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, tliat on the day of in the year personally before us 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 and others, subjects of our said Sove- reign Lord, and now bound directly from the port of laden with the goods mentioned hi 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. Li 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. J95 of the Confederates and their sul)jects 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 exiiibitinj^ 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 suifered with all freedom to pursue their intended voyage ; but if this solenui and set form of passport and certiiicate 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, botli 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 h)jured in the territories of the other ; then the King of that place where the 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 that 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 witliin 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. 197 traded upon any other lawful occasion whatsoever, in which case it shall be lawful 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 lands of either Confederate, going, returning and walking, for the defence of their persons and goods, to carry any kind of portable arms, as well oifensive 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 in 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 o 3 1 98 DENMARK. with merchant ships and ships of burthen, but also with siiips 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 war, 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 w hom 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 tiie 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 cither, 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 doavour, together with the otiier party, for the finding and retaking the said ship 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. Bnt if also in the ships taken by the subjects of either Confederate, and brought into any port belonging to the other? there be found any searnen 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 tiiose 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 on 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 connnanders 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, behig a stranger in the place where the controversy is to be decided, they shall be examined before cer- tain commissioners, which both Kings, so soon as they shall be o 4 200 DENMARK. desired, shall appoint to that end, that so proceedings by this means may be not only carried on without great expences, but also ended within 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 m 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 happen 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 Court, 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 suifer 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 the law of nations, until DENMARK. 201 reparation be made to the party injured : provided notwith- standing that He have first in due manner advertised the other King thereof. XL. Also it is agreed, that if the Hollander, or any other nation ^vhatsoever (the Swedish nation only excepted) hath already, or shall hereafter obtain any better Articles, Agreement, exemptions or privileges, than what are contained 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 fully 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, so far as they are not contrary or repu«y- nant to the present Treaty, or any Article therein contained. XLH. Finally, it is covenanted, concluded, and agreed, that the foresaid Kings shall sincerely and bona 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 I'ith day of July, l670. 202 DANNEMARC. DECLARATION, siart, ne molestant aucunement les pecheuis Frangois durant leurs peches, ni ne derangeant leurs echafFaudages durant leui- absence. *^ Le Roi de la Grande Bretagne, en cedant les lies de St. Pierre et de Miquelon a la France, Jes regarde comnie cedees ^ fm de servir reellement d'abri aux peclieurs Francois, et dans la confiance entiere que ces possessions ne deviendront point un objet de jalousie entre les deux nations ; et que la peche entre les dites iles, et celle de Terreneuve, sera bornee d mi-canal. Donne d Versailles, le 3 Septeaibre, 17B3. Signe Manchester, (L.S.) CONTRE-DECLARATION FRANCOISE, sigme a Ver- sailles, le 3 Septembre, 1783. ExTRAIT. Les principes qui ont dirige le Roi, dans tout le cours des ne- gociations qui ont precede le retablissenient de la paix, ont du convaincre le Roi de la Grande Bretagne, que Sa Majeste n'a eu d'autre but que de la rendre solide et durable, en prevenant, au- 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 met indubitablenient trop de confiance dans la droiture des intentions de Sa Majeste, pour ne point Se reposer sur I'attention constante qu'elle aura d'empechcr que les iles St. Pierre et Miquelon ne deviennent un objet de jalousie entre les deux nations. Quant a la peche sur les cotes de Terreneuve, qui a ete I'objet des nouveaux arrangemens dont les deux Souverains sont con- venus sur cette matiere, elle est suffisamnient expriniee par 1' Ar- ticle V. du Traite de Paix signe ce-jourd'hui, et par la Declaration remise egalement aujourd'luii par I'Ambassadear extraordinaire et Plenipotentiaire de Sa Majeste Britannique; et Sa Majeste declare qu'elle est pleinement satisfaite a cet egard. Pour ce qui est de la peche entre I'ile de Terreneuve et celles de St. Pierre et Miquelon, elle ne pourra se faire, de part FRANCE. 24,5 there ; the subjects of His Britannic Majesty, on their part, not molesting, in any manner, the French lishcrnien, during their risliing, nor injuring their scaftolds during their absence. The King of Great Britain, in ceding the Islands of St. Pierre and Miquelon to France, regards them as ceded for tiie purpose of serving as a real shelter to the French lishermen, and in full coniidcnce that these possessions will not become an object of jealousy between the two nations ; and that the lishery between the said Islands, and that of Newfoundland, shall be limited to the middle of the channel. Given at Versailles, the 3d of September, \7'o3. Signed Manchester, (L. S.) FRENCH COUNTER- DECLARATION, >ilgncd at Vei- sail/es, the 3d of September, 1733. Extract. The principles which have guided the King, in the 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 Newfoundland, which has been the object of the new arrangements settled by the two Sove- reigns upon this matter, it is sutficiently ascertained by the filth Article of the Treaty of Peace signed this day, and by the De- claration likewise delivered to day, by His Britannic Majesty's Ambassador extraordinary and Plenipotentiary : and His Majesty declares, that He is fully satisfied on this head. In regard to the fishery between the Island of Newfoundland, and those of St. Pierre and Miquelon, it is not to be carried on, R 3 246 FRANCE. et d'autre, que jusqu'^ mi-canal, etSa Majeste donnera les ordres le plus precis, pour que les peclieurs Francois n'outre-passent point cette ligne. Sa Majeste est dans la ferme contiance que le Roi de la Grande Bretagne donnera de pareils ordres aux pecheurs Anglois. Donne ^Versailles, le 3 Septembre, 1783. Sign6 Gravier de Vergennes, (L.S.) CONVENTION entrela Grande Bretagne et la France. Signte a Paris, le 23 Jvril, 1814. EXTRAIT. I. Toutes hostilites sur terre et sur mer sont et demeurent suspendues entre les Puissances Alli6es et la France, savoir ; pour les armees de terre aussitot que les Generaux Commandant les Armees Fran^aises et places fortes auront fait connoitre aux G6- n6raux Commandant les troupes AUiees, qui leur sont opposees, qu'ils ont reconnu I'autorite du Lieutenant General du Royaume de France ; et tant sur mer qu'a I'^gard des places et stations maritimes, aussitot que les llottes et ports du Royaume de France, ou occupes par les troupes Frangaises auront fait la meme sou- mission. V. Les flottes et les batimens de la France demeureront dans leur situation respective, sauf la sortie des batimens charges de missions, mais I'effet immediat du present Acte k l'6gard des ports Frangais sera la levee de tout blocus par terre ou par mer, la liberte de la peche, celle du cabotage, particulierement de celui qui est necessaire pour I'approvisionnement de Paris, et le reta- blissement des relations de commerce conformement aux regle- mens interieurs de chaque pays, et cet effet immediat a I'egard de rinterieur sera le libre approvisionnement des villes, et le libre transit des transports militaires ou commerciaux. VL Pour prevenir tons les sujets de plaintes et de contesta- tions qui pourraient naitre k I'occasion des prises qui seraient faites en mer apres la signature de la presente Convention, il est TRANCE. 247 by either party, but to the middle of the channel, and His Majesty will give the most positive orders, that the French fishermen shall not £^o beyond this line. His Majesty is firinly persuaded that the King of Great Britain will give like orders to the English fishermen. Given at V^ersailles, the ;]d of September, 178.S. Sisned Gravier de Vergennes. CONVENTION between Great Britain and France. Signed at Paris J the 2Sd of Jprif, 1814. Extract. (Translation, as /aid /jejore 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 the Kingdom of 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 the 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 M'hich 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 interior 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 made at sea after the signature of the present Convention, it is R 4 248 FRANCE. r6ciproquement convenu que les valsseaux et effets qui pounaient ^tre pris dans la manche et dans les mers du nord, apr^s I'espace de douze jours, a compter de Techange des ratifications du pre- sent Acte, seront, de part et d'autre restitues ; que le tenne sera d'un mois depuis la manche et les mers du nord jusqu'aux iles Canaries jusqu'a I'equateur ; et enfin de cinq mois dans toutes les autres parties du monde, sans aucune exception ni autre dis- tinction plus particuliere de terns et de lieu. VII. De part et d'autre, les prisonniers, officiers, et soldats, de terre et de mer, ou de quelque nature que ce soit, et particu- lierement les otages seront immediatement renvoyes dans leurs pays respectifs sans rangon et sans echange. Des Commissaires seront nommes reciproquement pour proceder a cette liberation generale. Fait a Paris, le 23 Avril, I'an de Grace, 1814. Signe Castlereagh,(L.S.) Le Prince de Benevent, (L.S.) TPvAITE DEFINITIF entre la Grande Bretagne et la France. Signe a Paris le 30 Mai, 1814. EXTIIAIT. I. II y aura, a compter de ce jour, paix et aniitie entre Sa Ma- jeste le Roi du Royaume uni de la Grande Bretagne et de I'lr- lande, et Ses Allies d'une part, et S.M. le Roi de France et de Navarre d'autre part, leurs lieritiers et successeurs, leurs Etats et sujets respectifs, a perpetuite. V. La navigation sur le Rhin, du point ou il devient navigable jusqu' a la mer, et reciproquement, sera libra, de telle sortequ'elle ne puisse etre interdite a personne ; et Ton s'occupera, au futur Congres, des principes d'apres les quels on pourra regler les droits a lever par les Etats Riverains, de la maniere la plus egale et la plus favorable au commerce de toutes les nations. II sera examine et decide de meme dans le futur Congres, 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 otlicr 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 lansom 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.) DEFINITIVE TREATY beLzceen Great Britain and France. Signed at Paris, the 30th day of May, IS 14.* Extract. I. There shall be from this day forward perpetual peace and friendship between His Britannic Majesty and His Allies on the one part, and His Majesty the King of France and Navarre on the other, their heirs and successors, their dominions and subjects, respectively. V. The navigation of the Rhine, from the point where it be- comes navigable unto the sea, and vice versa, 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 XL of the Definitive Treaty of 20 November, 1815. 250 FRANCE. quelle maniere, pour faciliter les communications entrc les peuples et les rendre toujours moins Strangers les uns aux autres, la dis- position ci-dessus pourra etre egalement etendu a tons les autres fleuves qui, dans leur cours navigable, separent ou traversent dif- ferens Etats. VII. L'ile de Malte et ses dependances appartiendront en toute propriete et Souverainete a Sa Majeste Britannique. VIII. Sa Majeste Britannique, stipuiant pour elie et Ses Al- lies, s'engage k restituer k Sa Majeste Tres Chretienne dans les delais qui seront ci-apres fix6s, les colonies, pecheries, comptoirs et etablissemens de tout genre que la France possedait au ler Janvier, 1792, dans les niers et sur les continents de TAnierique, de I'Afrique, et de I'Asie ; a I'exception toutefois des lies de Tabago et de St. Lucie, et de l'ile de France, et de ses depen- dances, nomm6ment Rodrigue et les Sechelles, lesquelles Sa Ma- jeste Tres Chretienne cede en toute propriete et souverainete a Sa Majeste Britannique, comnie aussi de la partie de St. Do- mingue cedee a la France par le paix de Basle, et que Sa Ma- jeste Tr^s Chretienne retrocede d Sa Majeste Catholique en toute propriete et souverainete. IX. Sa Majeste le Roi de Suede et de Norvege, en conse- quence d'arrangemens pris avec Ses Allies, et pour I'execution de I'Article precedent, consent a ce que l'ile de la Guadeloupe soit restitue A Sa Majeste Tres Chretienne, et cede tousles droits qu'il pent avoir sur cette ile. X. Sa Majeste Tres-Fidele, en consequence d'arrangemens pris avec Ses Allies et pour I'execution de I'Article VIII, s'engage ^ restituer ^ Sa Majeste Tres Chretienne, dans le delai ci-apres fixe, la Guiane Frangaise, telle qu'elle existait au ler Janvier, 1792. L'efFet de la stipulation ci-dessus etant de faire revivre la con- testation existante ^ cette epoque au sujct des limites, il est convenu que cette contestation sera termiuee 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 doivcnt etre rendus a Sa Majeste Tres Chretienne en FRANCE. 251 tlon between nations, and continually to render them less strangers to each other, shall likewise examine and determine 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 Himself and His Allies, engages to restore to His Most Christian Majesty, within the term which shall be hereafter fixed, the colonies, fisheries, factories and establishments of every kind, which were possessed by France on the 1st of January, 179-, in the seas and on the continents of America, Africa, and Asia; with the exception how- ever of the Islands of Tobago and St. Lucia and of the Isle of France and its dependencies, especially Rodrigues and the Sechelles, which several colonies and possessions His Most Chris- tian Majesty cedes in full right and Sovereignty to His Britannic Majesty, and also the portion of St. Domingo ceded to France 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 Allies, and in execution of the preceding Article, consents that the Island of Guadaloupe be restored to His Most Christian Majesty, and gives up all the rights He may have acquired over that island. X. Her Most Faithful Majesty in virtue of the arrangements stipulatecl with Her Allies and in execution of the 8th Article, engages to restore French Guyana as it existed on the 1st of Ja- nuary, 1792, to His Most Christian Majesty, within the term hereafter fixed. The renewal of the dispute which existed at that period on the subject of the frontier, being the effect 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. XI. The places and forts in those colonies and settlements, which, by virtue of the 8th, 9th, and 10th Articles, are to be re- * See General Treaty ot Congress, signed at Vienna, 'Jth June, 1815. Page 3. 2j2 FRANCE. vertu des Articles VllI, IX, et X, seront reniis dans I'etat ou ils se trouveront au moment de la signature du present Traite. XII. Sa Majeste Britaunique s'engage a faire jouir les sujets de Sa Majeste Tres Chretienne, relativement au commerce et k la surete de leurs personnes et proprietes, dans les limites de la Souverainete Britaunique sur le continent des Indes, des memes facilites, privileges et protection qui sont A present ou seront accordes aux nations les plus favorisees. De son cote Sa Majeste Tres Chretienne n'ayant rien plus a coeur que la perpetuity de la paix entre les deux Couronnes de France et d'Angleterre, et vou- lant contribuer, autant qu'il est en Elle, a ecarter des-a-present, des rapports des deux peuples, ce qui pourrait un jour alterer la bonne intelligence mutuelle, s'engage a ne faire aucun ouvrage de fortification dans les etablissemens qui lui doivent etre restitu6s, et qui sont situes dans les limites de la Souverainete Britannique sur le Continent des Indes, et a ne mettre dans cos etablissemens que le nombre de troupes necessaire pour le maintien de la police. XIII. Quant au droit de peche des Fran§ais sur le grand banc de Terreneuve, sur les cotes de I'ile de ce nom, et des iles adja- centes, dans le Golfe de St. Laurent, tout sera remis sur le meme pied qu'en 1792. XIV. Les colonies, comptoirs et etablissemens qui doivent etre restitues a Sa Majeste Tres Chretienne par Sa Majeste Bri- tannique ou Ses Allies, seront remis, savoir, ceux qui sont dans les Mers du Nord, ou dans les Mers et sur les Continents de I'Amerique et de I'Afrique, dans les trois mois, et ceux qui sont au-dela du Cap de Bonne Esperance, dans les six mois qui suivront la ratification du present Traite. XV. Dorenavant le port d'Anvers sera uniquemcnt un port de commerce. XVI. Les hautes Parties Contractantcs voulant mettre et faire mettre dans un entier oubli les divisions qui out agite I'Europe, declarent et promettent que, dans les pays restitues, et cedes par le present Traite, aucun individu de quelque classe et condition <|u'il soit ne pourra etre poursuivi, inquiete, ou trouble, dans sa personne ou dans sa propriete, sous aucun pretexte, ou a cause FRANCE. 253 stored to His Most Christian Majesty, shall be given up In the state in which they may be at the moment 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 bank of Newfoundland, upon the 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 whicli 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 254 FRANCE. de sa conduite ou opinion politique, ou de son attachement, soit d aucune des Parties Contractantes, soit a des Gouvememens qui out cesse d'exister, ou pour toute autre raison, si ce n'est pour les dettes contractees envers des individus, ou pour des actes posterieurs au present Traite. XVII. Dans tous les pays qui doivent ou devront changer de Maitres, taut en vertu du present Traite que des arrangemens qui doivent etre fails en consequence, il sera accorde aux habitans naturels et etrangers, de quelque condition et nation qu'ils soient, un espace de six ans, i\ compter de I'echange des ratifications, pour disposer, s'ils le jugent convenable, de leurs proprietes acquises, soit avant, soit depuis la guerre actuelle, et se retirer dans tel pays qu'il leur plaira de choisir. XVIII. Les Puissances AUiees voulant donner d Sa Majeste Tres Chretienne uu nouveau temoignage de Leur desir de faire disparaitre autant qu'il est en Elles, les consequences de I'epoque de malheur, si heureusement tenninee par la presente paix, renoncent a la total ite des sonimes que les gouvememens ont 'A r^clamer de la France, a raison de contrats, de fournitures, ou d'avances quelconques faites au Gouvernement Frangais dans les differentes guerres qui ont eu lieu depuis 1792. De Son cote, Sa Majeste Tr^s Chretienne renonce a toute reclamation qu'elle pourrait former contre les Puissances Alliees aux memes titres. En execution de cet Article, les hautes Parties Contractantes s'engagent a Se remettre mutuellement tous les titres, obligations et documens qui ont rapport aux creances aux quelles Elles ont reciproquement renonce. XIX. Le Gouvernement Fran^ais s'engage a 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 entrc des individus ou des etablisse- mens particuliers et les Autorites Frangaises, taut pour fournitures qu'a raison d'obligations legales. XX. Les hautes Parties Contractantes nommeront, ininie- diatement apres I'echange des ratifications du present Traite, des Comn:issaires pour regler et tenir la main a I'exccution de I'en- senible des dispositions renfermees dans les Articles XVIII. et XIX. Ces Commissaires s'occuperont de I'cxamen des recla- FRANCE. dad conduct or political opinions, his attachment either to any of the Contracting Parlies, or to any Government which has ceased to exist, or for any otht?r reason, except for debts contracted 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 change 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 disposing of their property, if they think fit, whether it be acquired before or during the present Mar, 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 arrest, as far as in them lies, the bad consequences of the disastrous 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 179*2. His Most Christian Majesty, on His part, renounces every claim which He micht 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. Tjie high 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 18lh and 19th Articles. These Commissioners shall undertake the examination of the. 25G FRANXE. mations dont il est parle dans I'Article precedent, de la liquidation des somnies reclamees, et dii mode dont le Gouvernement Fran- cais proposera de s'en acquitter. lis seronf charges de meme de la remise des titres, obligations, etdocumens relatifs aux creauces auxquelles les hautes Parties Contractantes reuoncent mutuelle- ment, de maniere que la ratification du resultat de leur travail completera cette renonciation reciproque. XXI. Les dettes specialement liypothequees dans leur originc sur les pays qui cessent d'appartenir a la France, ou contractees pour leur administration interieure resteront a la charge de ces memes pays. 11 sera tenu compte en consequence au Gouverne- ment Fran^ais, ^ partir du 22 Decembre, 1813, de celles de ces dettes qui ont 6t6 converties en inscriptions au grand livre de la dette publique de France. Les titres de toutes celles qui ont 6te preparees pour I'inscription, et n'ont pas encore ete inscrites, seront remis aux Gouvernemens des pays respectifs. Les etats de toutes ces dettes seront dresses et arretes par une commission mixte. XXIL Le Gouvernement Francais restera charge de son cote du remboursement de toutes les sommes versees, par les sujets des pays ci-dessus mentionnes, dans les caisses Francaises, soit a titre de cautionnement, de depots ou de consignation. De m^me les sujets Francais, serviteurs des dits pays, qui ont verse des sommes a titre de cautionnement, depots, ou consignations dans leurs tresors respectifs, seront iid^lement rembourses. XXIIL Les titulaires de places assujetties a cautionnement, qui n'ont pas de maniement de d^niers, seront rembourses, avec les interets jusqu'a parfait paiement a Paris, par cinquiemc et par annee, a partir de la date du present Traite. A regard de ceux qui sont comptablcs, ce remboursement commencera au plus tard six mois apres la presentation de leurs comptes, le seul cas de malversation excepte. Une co})ie du dernier compte sera remise au Gouvernement de leur pays, pour lui servir de renseignemeiU et de point de depart. XXIV. Les depots judiciaires et consignations fails dans la caisse d'amortissement, en execution de la loi du 28 Nivose, an. FRANCE. 257 claims referred to in the preceding Article, the liquidation of the sums claimed, and tlie 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 mutually cancel, so that the approval of the result of their labours shall complete that reciprocal renunciation. XXI. The debts which in their origin were specially mort- 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 ot 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 tifths and by the 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 then- 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'amortissemeut" in the execution of the law of 28 Nivose, VOL. I. S 153 FRANCE. 13, (18 Janvier, 1805,) et qui appartiennent a Ues habitans des pays que la France cesse de posseder, seront remis dans le terme d'une ann^e, a compter de I'^change des ratifications du present Traite, entre les mains des Autorites des dits pays, a I'exception de ceux de ces depots et consignations qui interessent des sujets Francais, dans lequel cas ils resleront dans la caisse d'amortisse- ment pour n'etre remis que sur les justifications resultantes dea decisions des autorites competentes. XXV. Les fonds deposes par les communes et 6tablissemens publics dans la caisse de service et dans la caisse d'amortissement, ou dans toute autre caisse du Gouvernement, leur seront rem- bourses par cinquieme, d'annee en annee, a partir de la date du present Traite, sous la deduction des avances qui leur auraient 6te faites, et sauf des oppositions regulieres faites sur ces fonds par des creanciers des dites communes et des dits 6tablissemens publics. XXVI. A dater du ler Janvier, 1814, le Gouvernement Fran- cais cesse d'etre charge du payement de toute pension civile, militaire, et ecclesiastique, solde de retraite et traitement de r^forme, d tout individu qui se trouve n'etre plus sujet Francais. XXVII. Les domaines nationaux acquis a litre onereux par des sujets Frangais dans les ci-devant departemens de la Belgique, de la rive gauche du Rhin et des Alpes, hors des anciennes limites de la France, sont et demeurent garantis aux acquereurs, XXVIII. L'abolition des droits d'Aubaine, de Detraction, et autres de la meme nature, dans les pays qui Tout reciproquement stipulee avec la France, ou qui lui avoient precedemment et6 reunis, est expressement maintenue. XXIX. Le Gouvernement Francais s'engage a faire restituer les obligations et autres titres qui auraient ete saisis dans les provinces occupees par les armees ou administrations Frangaises; et dans le cas ou la restitution ne pourrait en ctre elFectuee, ces obligations et titres sont et demeurent an^antis. FRANCE. 2.59 year \3, (18 January, 1805,) and which belong to the inhabitants of countries France ceases to possess, shall, within the space of one year from the exchange of the ratifications of the present Treaty, 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 of the vouchers, resulting from the decisions of competent authorities. XXV. The funds deposited by the corporations and public establishments in the " caisse de service" and in the " caisse d^amoitissemenl" or other " caissCy" 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 advances which have taken place, and subject to such regular charges as may have been brought forward against these funds by 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 considera- 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 France, and which now cease to belong to Her, shall be guaranteed to the purchasers. XXVI II. The abolition of the " droits d'Juhaijie" " de De- traction" and other duties of the same nature, in the countries which have been formerly incorporated, or which have recipro- cally made that stipulation with France, shall be expressly main- tained. XXIX- The French Government engages to restore all bonds, and other 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 become and continue void. &^ 260 FRANCE. XXX. Les sommes qui seront dues pour tous les travaux d'utilite publique, non encore termines, ou termines posterieure- mentauSl Decenibre, 181'2, sur le Rhin et dans les departe- mens detaches de la France par le present Traite, passeront a la charge des futurs possesseurs du territoire, et seront liquidees par la commission chargee de la liquidation des dettes des pays. XXXI. Les archives, cartes, plans et documens quelconques, appartenant aux pays cedes ou concernant leur administration, seront fidelement rendus en meme terns que le pays ; ou, si cela 6tait impossible, dans un delai qui ne pourra etre de plus de six mois, apres la remise des pays memes. Cette stipulation est applicable aux archives, cartes, et planches, qui pourraient avoir ete enlevees dans les pays momentanement oceupes par les diflferentes armees. XXXIII. Le present Traite sera ratifie, et les ratifications en seront echangees dans le delai de quinze jours, ou plutot si faire se pent. En foi de quoi les Plenipotentiaires respectifs I'ont signe, et y ont appose le cachet de leurs amies. Fait a Paris, le 30 Mai, I'an de Grace, 1814. Signe Castlereagh, (L.S.) Le Prince de Benevent, (L.S.) Aberdeen, (L.S.) Cathcart, (L.S.) Charles Stewart, Lieut. Gen. (L.S.) ARTICLES ADDITIONNELS. I. Sa Majeste Tres Chretienne, partageant sans reserve tous les sentimens de Sa Majeste Britannique, relativement d un genre do commerce, que repoussent et les principes de la justice natu- relle et les lumieres des tems oia nous vivons, s'engage A unir au futur Congres tous Ses efforts k ceux de Sa Majeste Britannique, pour faire prononcer par toutes les Puissances de la Chretiente I'abolition de la Traite des Noirs, de telle sortc que la dite traite cesse universellement, conime elle cessera definitivement, et dans FRANCE. 261 XXX. The sums which shall be due for all works of public utility not yet finished, or finished after the 31st of December, 1812, whether on the Rhine or in the departments detached from France by the present Treaty, shall be placed to the account of the future possessors of the territory, and shall be paid by the commission charged with the liquidation of the debts of that country. XXXI. All archives, maps, plans and documents whatever, belonging to the ceded countries, or respecting their administra- tion, shall be faithfully given up at the same time with the said countries : or if that should be impossible, within a period not exceeding six months after the cession of the countries them-, selves. This stipulation applies to the archives, maps and plates, which may have been carried away from the countries during their temporary occupation by the different armies. XXXIII. The present Treaty shall be ratified, and the ratifi- cations shall be exchanged within the period of fifteen days, or sooner if possible. In witness whereof the respective Plenipotentiaries have signed and affixed to it the seals of their arms. Done at Paris, the fiOth of May, in the year of our Lord, 1814. Signed Castlereach, (L.S.) Le Prince de Benevent,(L.S.) Aberdeen, (L.S.) Catiicart, (L.S.) Charles Stewart, Lieut. Gen. (L.S.) ADDITIONAL ARTICLES. I. His Most Christian Majesty, concurring without reserve in the sentiments of His Britannic Majesty, with respect to a descrip- tion of traffic repugnant to the principles of natural justice and of the enlightened age in which we live, engages to unite all His eflforts to those of His Britannic Majesty, at the approaching Congress, to induce all the Powers of Christendom to decree the abolition of the Slave Trade, so that the said trade shall cease universally, as it shall cease definitively, under any circumstances^ 262 FRANCE. tons les cas, de la part de la France, dans un delai de cinq annees : et qu'en outre, pendant la duree de ce delai aucun traffi- quant d'esclaves n'en puisse importer ni vendre ailleurs que dans les colonies de I'Etat dont il est sujet. II. Le Gouvernement Britannique et le Gouvernement Fran- §ais, nommeront incessamment des Commissaires pour liquider leurs depenses respeclives pour I'entretien des prisonniers de guerre, afin de s'arrauger sur la mani^re d'acquitter I'excedent, qui se trouvera en faveur de I'une ou de I'autre des deux Puis- sances. III. Les prisonniers de guerre respectifs seront tenus d'acquit- ter, avant leur depart du lieu de leur detention, les dettes parti- culieres qu'ils pourraient y avoir contract^es, ou de donner au nioins caution satisfaisante. IV. II sera accorde de part et d'autre, aussitot apr^s la ratifi- cation du present Traite de Paix, main levee du sequestre qui aurait ete mis depuis Fan 1792, sur les fonds, revenus, creances et autres effets quelconques des hautes Parties Contractantes ou de leurs sujets. Les memes Commissaires dont il est fait mention a I'Article II. s'occuperont de I'examen et de la liquidation des reclamations des sujets de Sa Majeste Britannique envers le Gouvernement Frangais pour la valeur des biens, meubles ou immeubles, indue- ment confisques par les Autorites Fran^aises, ainsi que pour la perte totale ou partielle de leur creances ou autres propriet6s mduement retenues sous le sequestre depuis I'annee 1792. La France s'engage a traiter a cet egard les sujets Anglais avec la meme justice que les sujets Frangais ont eprouve en Angle- terre ; et le Gouvernement Anglais desirant concourir pour sa part au nouveau temoignage que les Puissances Alliees ontvoulu donner a Sa Majeste Tres Chretienne, de leur desir de faire dis- paraitre les consequences de I'epoque de malheur si heureusement teruiinee par la presente paix, s'engage de Son cote, a renoncer, des que justice complette sera rendue 'd Ses sujets, d la totalite de I'excedent qui se trouverait en Sa faveur relativement ii I'en- tretien des prisonniers de guerre : de maniere que la ratification du resultat du travail des Commissaires susmentionnes et I'acquit FRANCE. 263 on the part of the French Government, in the course of tive years ; and that, during the said period, no slave merchant shall import or sell slaves, except in the colonies of the State of w hich he is a subject. II. The British and French Governments shall name, without delay, Commissioners to liquidate the accounts of their respective expences for the maintenance of prisoners of war, in order to determine the manner of paying the balance which shall appear in favour of the one or the other of the two Powers. III. The respective prisoners of war, before their departure from the place of their detention, shall be obliged to discharge the private debts they may have contracted, or shall at least give sufficient security for the amount. IV. Immediately after the ratification of the present Treaty of peace, the sequesters, which since the year 1 792 may have been laid on the funds, revenues, debts, or any other eflfects of the high Contracting Parties or their subjects, shall be taken off. The Commissioners mentioned in Article II. shall undertake the examination of the claims of His Britannic Majesty's subjects upon the French Government, for the value of the property, moveable or immoveable, illegally confiscated by the French Authorities, as also for the total or partial loss of their debts or other property, illegally detained under sequester since the year i792. France engages to act towards British subjects in this respect, in the same spirit of justice which the French subjects have expe- rienced in Great Britain ; and His Britannic Majesty, desiring to concur in the new pledge which the Allied Powers have given to His Most Christian Majesty, of their desire to obliterate every trace of that disastrous epocha so happily terminated by the pre- sent peace, engages on His part, when complete justice shall be rendered to His subjects, to renounce the whole amount of the balance which shall appear in His favour for support of the pri- soners of war, so that the ratification of the report of the above Commissioners, and the discharge of the sums due to British 264 FRANCE. des sommes, ainsi que la restitution des efFets qui seront juges appartenir aux sujets de Sa Majeste Britannique, completteront sa renonciation. V. Les deux hautes Parties Conlractantes d^sirant d'etablirles relations les plus amicales entre leurs sujets respectifs, se reservent et promettent de s'entendre, et de s'arranger le plutot que faire se pourra sur leurs interets commerciaux dans I'inten- tion d'encourager et d'augmenter la prosperite de leurs Etats respectifs. Les presens Articles Additionnels auront la meme force et valeur que s'ils etaient inseres mot ?l mot au Traite de ce jour. lis seront ratifies, et les ratifications en seront 6changees en meme tems. En foi de quoi, les Plenipotentiaires respectifs les ont signes et y ont appose le cachet de leurs armes. Fait a Paris, le 30 Mai, I'an de Grace 1814. Signe Castlereagh, (L.S.) Le Prince de Benevent, (L.S.) Aberdeen, (L.S.) Cathcart, (L.S.) Charles Stewart, Lieut. Gen. (L.S.) CONVENTION ^n^re la Grande Bretagne et la France. Signee a Londres, le 7 Mars, 1815. Au Nom de la Tres-Sainte et Indivisible Trinite. Le commerce du sel et de i'opium ayant ete assujetti dans I'e- tendue des Possessions Britanniques dans I'lnde d certains regle- mens et restrictions, qui, s'il n'etait pris des mesures convenables, pourraient donner lieu a des difficultes entre les sujets et Agens de Sa Majeste Britannique et ceux de Sa Majeste Tres Chre- tienne ; Leurs dites Majestes ont juge a propos de conclure une Convention speciale pour prevenir ces difficultes, et ecarter toute autre cause de discussion entre leurs sujets respectifs dans cette partic du monde. A cet eft'et, elles ont nomme pour leurs pic- FRANCE. 265 subjects, as well as the restitution of the effects which shall be proved to belong to them, shall complete the renunciation. V. The two high Contracting Parties, desiring to establish the most friendly relations between their respective subjects, reserve to themselves, and promise to come to a mutual understanding and arrangement, as soon as possible, upon their commercial interests, with the view of encouraging and increasing the pro- sperity of their respective States. The present Additional Articles shall have the same force and validity as if they were inserted word for word in the Treaty patent of this day. They shall be ratified, and the ratifications shall be exchanged at the same time. In witness whereof, the respective Plenipotentiaries have signed and affixed to them the seals of their arms. Done at Paris, the 30th day of May, in the year of our Lord 1814. Signed Castlereagii,(L.S.) LePuince de Benevent, (L.S.) Aberdeen, (L.S.) Cathcakt, (L.S.) Charles Stewart, Lieut. Gen. (L.S.) CONVENTION between Great Britain and France. Signed at Lo7idon, 7th of March, 1815. Ill the Name of the Most Holy and Undivided Trinity. The trade in salt and opium throughout the British Sove- reignty in India, having been subjected to certain regulations and restrictions, which, unless due provision be made, might occasion differences between the subjects and agents of His Britannic Majesty and those of His Most Christian Majesty ; Their said Majesties have thought proper to conclude a Special Convention for the purpose of preventing such differences, and removing every cause of dispute between their respective subjects in that part of the world, and in this view have named for their respec- 2(56 FRANCE. nipotentiaires respectifs, savoir : Sa Majeste le Roi du Royaume Uni de la Grande Bretagne etde I'lrlande, le Sieur Robert, Comte de Buckinghamshire, Pair du Royaume Uni, President du Bu- reau de Ses Commissaires pour les affaires de I'lnde, See. &c. &c. et Sa Majeste le Roi de France et de Navarre, le Sieur Claude Louis de la Chatre, des Princes de Deols, Comte de la Chatre, Son Ambassadeur extraordinaire et plenipoteutiaire a la Cour de Londres, &c. &c. &c. lesquels, apres s'etre communique leurs Pleins-pouvoirs respectifs, trouves en bonne et due forme, sont convenus des Articles suivans : I. Sa Majeste Tres Chretienne s'engage A affermer au Gou- vernement Anglais dans I'lnde, le privilege exclusif d'acheter le sel qui sera fabrique dans les possessions Frangaises sur les cotes de Coromandel et Orixa, moyennant un prix juste et raisonnable, qui sera regie d'apres celui auquel le dit Gouvernement aura paye cet article dans les districts avoisinant respectivement les dites possessions, a la reserve toutefois de la quantite que les Agens de Sa Majeste Tres Chretienne jugeront necessaire pour I'usage domestique et la consommation des habitans de ces niemes pos- sessions, et sous la condition que le Gouvernement Anglais li- vrera dans le Bengale aux Agens de Sa Majeste Tres Chretienne, la quantite de sel qui sera reconnue necessaire pour la consomma- tion des habitans de Chandernagor, eu egard a la population de cet etablissement, et que cette livraison sera faite aux prix auquel le sel reviendra au dit Gouvernement. II. Afin de determiner le prix du sel conformement a ce qui vient d'etre dit, les etats officiels constatant ce que le sel fabrique dans les districts qui avoisinent respectivement les etablissemens Frangais sur les cotes de Coromandel et d'Orixa, aura coute au Gouvernement Anglais, seront soumis a I'inspection d'un Com- missaire nomme A cet effet par les Agens de Sa Majeste Tres Chretienne dans I'lnde ; et le prix qui devra etre paye par le Gouvernement Anglais sera Hxc tous les trois ans d'apres le taux moyen du sel pendant ce laps de tems, tel qu'il sera constate par les dits etats officiels, a commencer des trois annees qui ont pre- cede la date de la presente Convention. Le prix du sel a Chandernagor devra etre determine de la meme FRANCE. 267 live plenipotentiaries, viz. His Majesty the King of the United Kingdom of Great Britain and Ireland, Robert, Earl of Bucking- hamshire, a Peer of the United Kingdom, President of the Board of His Majesty's Commissioners for the afiairs of India, &c. &c. &c. And His Majesty the King of France and Navarre, the Sieur Claude Louis de la Chatre, descendant of the Princes of Deols, Count de la Chatre, His Ambassador extraordinary and ple- nipotentiary at the Court of London, &c. &c.&c. who, after having communicated to each other their respective full Powers, found in good and due form, have agreed upon the following Articles. I. His Most Christian Majesty engages to let at farm to the British Government in India, the exclusive right to purchase at a fair and equitable price, to be regulated by that which the said Government shall have paid for salt in the districts in the vicinity of the French possessions on the coast of Coromandel and Orissa respectively, the salt that may be manufactured in the said pos- sessions, subject to a reservation of the quantity that the agents of His !Most Christian Majesty shall deem requisite for the domestic use and consumption of the inhabitants thereof; and upon the condition, that the British Goveinment shall deliver in Bengal, to the Agents of His Most Christian Majesty, the quantity of salt that may be judged necessary for the consumption of the inhabitants of Chandernagore, reference being had to the popu- lation of the said settlement, such delivery to be made at the price which the British Government shall have paid for the said article. H. In order to ascertain the prices as aforesaid, the official accounts of the charges incurred by the British Government, for the salt manufactured in the districts in the vicinity of the French settlements on the coasts of Coromandel and Orissa respectively, shall be open to the inspection of a Commissioner to be appointed for that purpose by the Agents of His Most Christian Majesty in India ; and the price to be paid by the British Government shall be settled according to an average to be, taken every three years, of the charges as aforesaid ascertained by the said official ac- counts, commencing with the three years preceding the date of the present Convention. The price of salt at Chandernagore to be determined, in the 2G3 FRANCE. mani^re, et d'apres celui auquel cet article reviendra au Goii- vernemeut Anglais dans les districts les plus voisins de cet eta- blissenient. III. II est bien entendu que les salines situees dans les posses- sions appartenant A Sa Majeste Tres Chretienne, seront et de- meureront sous la direction et I'administration des Agens de Sa dite Majeste. IV. Afin d'atteindre le but que les Hautes Parties Contrac- tantes ont en vue, Sa Majeste Tres Chretienne s'engage ^ etablir dans Ses possessions sur les cotes de Coromandel et d'Orixa et 'X Chandernagor dans le Bengale, le sel au menie prix a-peu-pres que le Gouvernement Anglais le vendra dans les territoires voisins de chacune des dites possessions. V. En consideration des stipulations renfermees dans les Ar- ticles precedens, Sa Majeste Britannique s'engage k faire payer annuellement aux Agens de Sa Majeste Tres Chretienne duement autoris6s, la somme de quatre lacs de roupies sicca ; lequel paye- ment sera eflfectue par trimestre et par portions egales, soit d Calcutta, soit a Madras, dix jours apres que les traites tirees par les dits Agens auront ete presentees au Gouvernement de I'un ou de I'autre de ces Presidences. II est convenu que la rente ci-dessus stipulee sera due 'A partir du ler Octobre, 1814. VI. II est convenu entre les hautes Parties Contractantes rela- tivement au commerce de I'opium, qu'a chacune des ventes pe- riodiques de cet article, il sera reserve pour le Gouvernement Francais, et delivre a la requisition des Agens de Sa Majeste Tres Chretienne, ou 'k celle des personnes qu'ils auront autorisees a cet effet, la quantite de caisses d'opium qu'ils demanderont, en tant que cette quantite n'excedera pas trois cent caisses par an ; lesquelles devront etre payees au prix moyen auquel Topium se sera eleve A chacune de ces ventes periodiques : Bien entendu que si les Agens du Gouvernement Francais ne faisaient pas reti- rer pour son compte, aux termes ordinaires des livraisons, la quantite d'opium qui aurait ete demandee a une epoque quel- conque, elle entreroit neanmoins en deduction des trois cent caisses qui doivent etre livrees. FRANCE. 269 same manner, by the charges mciured by the British Government for the salt manufactured in the districts nearest to the said settle- ment. III. It is understood that the salt works in the possessions belonging to His Most Christian Majesty shall be and remain under the direction and administration of the Agents of His said Majesty. IV. With a view to the effectual attainment of the objects iji the contemplation of the High Contracting Parties, His Most Christian Majesty engages to establish in His possessions on the coasts of Coroniandel and Orissa, and at Chandernagore in Ben- gal, nearly the same price for salt, as that at which it shall be sold by the British Government in the vicinity of each of the said possessions. V. In consideration of the stipulations expressed in the pre- ceding Articles, His Britannic Majesty engages that the sum of four lacs of sicca rupees shall be paid annually to the Agents of His Most Christian Majesty, duly authorized, by equal quarterly instalments ; such instalments to be paid at Calcutta or at Madras, ten days after the bills that may be drawn for the same by the said Agents shall have been presented to the Government of either of those Presidencies ; it being agreed that the rent above stipulated shall commence from the 1st of October, 1814. VI. With regard to the trade in opium, it is agreed between the high Contracting Parties, that at each of the periodical sales of that article, there shall be reserved for the French Government, and delivered upon requisition duly made by the Agents of His Most Christian Majesty, or by the persons duly appointed by them, the number of chests so applied for ; provided that such supply shall not exceed v)00 chests in each year; and the price to be paid for the same shall be determined by the average rate at w hich opium shall have been sold at every such periodical sale : it being understood that if the quantity of opium applied for at any one time shall not be taken on account of the French Govern- ment by the Agents of His Most Christian Majesty, within the usual period of delivery, the quantity so applied for shall never- theless be considered as so much in deduction of the 300 chests herein-before mentioned. 270 FRANCE. Les demandes d'opium faites ainsi qu'il vient d'etre dit, devront etre adressees au Gouverneur General a Calcutta, dans I'espace de trente jours apres que I'epoque des ventes aura 6te indiquee par la Gazette de Calcutta. VII. Dans le cas oh il serait mis des restrictions d I'exportation de salpetre, les sujets de Sa Majeste Tres Chretienne, n'en au- rontpas moins la faculte d'exporter cet article jusqu'a la concur- rence de dix-huit mille maunds. VIII. Sa Majeste Tr^s Chretienne, dans la vue'de conserver !a bonne harmonic qui existe entre les deux nations, s'etant engagee par I'Article XII. du Traite conclu a Paris le 30 Mai, 1814, 'A n'elever aucun ouvrage de fortification dans les etablisse- mens qui doivent Lui etre restitues en vertu du dit Traite ; et 'X n'y avoir que le nombre de troupes necessaire pour y maintenir la police ; de Son cote Sa Majeste Britannique, afin de donner toute suret6 aux sujets de Sa Majeste Tres Chretienne residant dans rinde, s'engage, si a une epoque quelconque il survenait entre les hautes Parties Contractantes quelque sujet de mesin- telligence ou une rupture (ce qu'd Dieu ne plaise), a ne point considerer ni traiter comme prisonniers de guerre, les personnes qui feront partie de I'administration civile des etablissemens Fran- ^ais dans I'lnde, non plus que les officiers, sous-officiers, etsoldats qui, aux termes du dit Traite, seront necessaires pour maintenir la police dans les dits etablis&emens, et a leur accorder un delai de trois mois pour arranger leurs affaires personnelles, comme aussi a leur fournir les facilites necessaires et les moyens de trans- port pour retourner en France avec leurs families et leurs pro- prietes particulieres. Sa Majeste Britannique s'engage en outre a accorder aux sujets de Sa Majeste Tres Chretienne dans I'lnde, la permission d'y continuer leur residence et leur commerce aussi long-tems qu'ils s'y conduiront paisiblement, et qu'ils ne feront rien contre les lois et les reglemens du Gouvernement. Mais dans le cas on leur conduite les rendroit suspects, et oi\ le Gouvernement Anglais jugerait necessaire de leur ordonner de quitter I'lnde, il leur sera accorde k cet effet un delai de six mois pour se retirer avec leurs effets et leurs pioprietes, soit en France, soit dans tel autre pays qu'ils choisiraient. FRANCK. 271 The requisitions of opium as aforesaid are to be addressed to the Governor General, at Calcutta, within thirty days after notice of the intended sale shall have been published in the Calcutta Gazette. VII. In the event of any restriction being imposed upon the exportation of saltpetre, the subjects of His Most Christian Ma- jesty shall nevertheless be allowed to export that article to the extent of 18,000 maunds. VIII. His Most Christian Majesty, with the view of preserv- ing the harmony subsisting between the two nations, having en- gaged by the twelfth Article of the Treaty concluded at Paris, on the iiOth of May, 1814, not to erect any fortifications in the estab- lishments to be restored to Him by the said Treaty, and to maintain no greater number of troops than may be necessary for the pur- poses of police ; His Britannic Majesty on His part, in order to give every security to the subjects of His Most Christian Majesty residing in India, engages, if at any time there should arise be- tween the high Contracting Parties any misunderstanding or rupture, (which God forbid), not to consider or treat as prisoners of war, those persons who belong to the civil establishments of His Most Christian Majesty in India, nor the officers, non-com- missioned officers, or soldiers, who, according to the terms of the said Treaty, shall be necessary for the maintenance of the police in the said establishments, and to allow them to remain three months to settle their personal affairs, and also to grant them the necessary facilities and means of conveyance to France with their families and private property. His Britannic Majesty further engages to permit the subjects of His Most Christian Majesty in India, to continue their resi- dence and commerce so long as they shall conduct themselves peaceably, and shall do nothing contrary to the laws and regula- tions of the Government. But in case their conduct should render them suspected, and the British Government should judge it necessary to order them to quit India, they shall be allowed the period of six months to retire with their effects and property to France, or to any other country tliey may choose. 272 FRANCE. II est bien entendu en m^me tems que cette faveur ne sera pas etendu ^ ceux qui pourraient avoir agi centre les lois et les r6gle- mens du Gouvernement Britannique. IX. Tous les Europeens, ou autres quelconques, centre qui il sera precede en justice dans les limites des dits etablissemens ou factories appartenant d Sa Majeste Tres Chretienne, pour des offenses commises ou des dettes contractees dans les dites limites, et qui prendront refuge hors de ces memes limites, seront deli- vres aux chefs des dits etablissemens et factories ; et tous les Eu- ropeens ou autres quelconques centre qui il sera precede en justice, hors des dites limites, et qui se refugierent dans ces memes limites, seront delivrees par les chefs des dits Etablissemens et factories sur la demande qui en sera faite par le Gouvernement Anglais. X. Afin de rendre la presente Convention permanente, les hautes Parties Centractantes s'engageant ii n'apporter aucun changement aux Articles stipules ci-dessus, sans le consentement mutuel de Sa Majeste le Rei du Royaume Uni de la Grande Bre- tagne et de I'lrlande, et de Sa Majeste Tres Chretienne. XI. La presente Convention sera ratifiee et les ratifications en seront 6chang6es ^ Lendres dans I'espace d'un meis, ou plutot si faire se peut. En fei de quei les Plenipetentiaires respectifs I'ont signee, et y ont appose le cachet de leurs armes. Fait d Lendres, le 7 Mars, I'an de Grace, 1815. (Signe) (Signe) Buckinghamshire, (L.S.) LeComte de laChatre,(L.S.) TRAITE DEFINITIF, entre la Grande Bretagne et la France. Signe a Paris le 20 Novembre, 1815. ExTRAIT. VII. Dans tous les pays qui changerent de Maitres tant en vertu du present Trait6, que des arrangemens qui deivent etre fails en consequence, il sera accord6 aux habitans naturels ou FRANCE. 275 At the same time it is to be understoocl, that this favour is not to be extended to those who may act contrary to the laws and regulations of the British Government. IX. All Europeans and others whosoever, against whom judicial proceedings shall be instituted within the limits of the said settle- ments or factories belonging to His Most Christian Majesty, for offences committed, or for debts contracted within the said limits, and who shall take refuge out of the same, shall be delivered up to the chiefs of the said settlements and factories ; and all Euro- peans and others whosoever, against whom judicial proceedings as aforesaid shall be instituted, without the said limits, and who shall take refuge within the same, shall be delivered up by the chiefs of the said settlements and factories, upon demand being made of them by the British Government. X. For the purpose of rendering this agreement permanent, the high Contracting Parties hereby engage, that no alteration shall be made in the conditions and stipulations in the foregoing Articles, without the mutual consent of His Majesty the King of the United Kingdom of Great Britain and Ireland, and of His Most Christian Majesty. XI. The present Convention shall be ratified, and the ratifi- cations shall be exchanged at London in the space of one month from the date hereof, or sooner if possible. In w itness whereof the respective Plenipotentiaries have signed it, and have thereunto affixed the seals of their arms. Done at London this 7th day of March, in the year of our Lord, 1815. Signed Signed BUCKINGHAMSUIHE,(L.S.) Le CoMTE DE LaChaTUE, (L.S.) DEFINITIVE TREATY betzcee?i Great Britain aiid Frauce. Sisyfied at Paris, Q.Oth November, 1815. Extract. VII. In all countries which shall change Sovereigns, as well in virtue of the present Treaty, as of the arrangements which are to be made in consequence thereof, a period of six years from the VOL. I. T 274 FRANCE. etrangers, de quelque condition et nation qu'ils soient, un espace de six ans, 'k compter de I'echange des ratifications, pour dis- poser, s'ils le jugent convenable, de leurs proprietes, et se retirer dans tel pays qu'il leur plaira de choisir. VI [I. Toutes les dispositions du Traite de Paris, dii 30 Mai, 1814, relatives anx pays cedes par ce Traite, s'appliqueront egalenient aux difFerens territoires et districts cedes par le present Traite. IX. Les hautes Parties Contractantes s'etant fait representer les diflferentes reclamations provenant du fait de la non-execution des Articles 19 et suivans du Traite du 30 Mai, 1814, ainsi que des Articles Additionnels de ce Traite, signes entre la Grande Bretagne et la France, desirant de rendre plus eflficaces les dispo- sitions enoncees dans ces Articles, et ayant a cet efFet determine, par deux Conventions separees, la marche k suivre de part et d'autre pour I'execution complette des Articles sus-mentionnes, les deux dites Conventions, telles qu'elles se trouvent jointes au present Traite, auront la meme force et valeur que si-elles y etaient textuellement inserees. X. Tous les prisonniers faits pendant les hostilites, de meme que les otages qui peuvent avoir ete enleves ou donnes, seront rendus dans le plus court delai possible. II en sera de meme des prisonniers faits anterieurement au Traite du 30 Mai, 1814, et qui n'auraient point encore ete restitues. XL Le Traite de Paris, du 30 Mai, 1814, et I'Acte final du Congres de Vienne, du 9 Juin, 1815, sont confirmes et seront maintenus dans toutes celles de leurs dispositions qui n'auraient pas 6t6 modifi6es par les clauses du present Trait6. XII. Le present Traite, avec les Conventions qui y sont jointes, sera ratifie en un seul Acte, et les ratifications en seront echangees dans le terme de deux mois, ou plutot si faire se pent. En foi de quoi, les Plenipotentiaires respectifs I'ont signe, et y ont appos6 le cachet de leurs amies. Fait a Paris, le 20 Novembre, I'an de Grace, 1815. Signe Castlereagh,(L.S.) Signe Richelieu,(L.S.) Wellington, (L.S.) FRANCE. 275 date of the exchange of the ratifications shall be allowed to the inhabitants, natives, or foreigners, of whatever condition and na- tion they may be, to dispose of their property, if they should think fit so to do, and to retire to whatever country they may choose. VIII. All the dispositions of the Treaty of Paris of the 30th of May, 1814, relative to the countries ceded by that Treaty, shall equally apply to the several territories and districts ceded by the present Treaty. IX. The high Contracting Parties having caused represen- tation to be made of the different claims arising out of the non- execution of the 19th and following Articles of the Treaty of the 30th of May, 1814, as well as of the Additional Articles of that Treaty, signed between Great Britain and France, desiring to render more efficacious the stipulations made thereby, and having determined by two separate Conventions, the line to be pursued on each side for that purpose, the said two Conventions, as an- nexed to the present Treaty, shall, in order to secure the complete execution of the above-mentioned Articles have the same force and effect as if the same were inserted, word for word, herein. X. All prisoners taken during the hostilities, as well as all hostages which may have been carried off or given, shall be re- stored in the shortest time possible. The same shall be the case with respect to the prisoners taken previously to the Treaty of the 30th of May, 1814, and who shall not already have been restored, XI. The Treaty of Paris of the 30th of May, 1814, and the final Act of the Congress at Vienna of the ()th of June, 1815, are confirmed, and shall be maintained in all such of their enactments which shall not have been modified by the Articles of the present Treaty. XII. The present Treaty, with the Conventions annexed thereto, shall be ratified in one Act, and the ratifications thereof shall be exchanged in the space of two months, or sooner if possible. In witness whereof, the respective Plenipotentiaries have signed the same, and have affixed thereunto the seals of their arms. Done at Paris, this aOth day of November, in the year of our Lord, 1815. Signed Castlereagh,(L.S.) Signed Richelieu, (L.S.) Wellington, (L.S.) T 2 270 1-RANCK. ARTICLE ADDITIONNEL. Les hautes Puissances Contractantes, desirant sincerement de donner suite aux mesures dont elles se sont occupees au Congres de Vienue, relativement a I'abolition complette et uiiiveiselle de la Traite de Negres d'Afrique, et ayant deja, cliacune dans ses Etats, defendu sans restriction d leurs colonies et sujets, toute part quelconque a ce tratic, s'engagent a reunir de nouveau leurs efforts pour assurer le succes final des principes qu'elles ont pro- clames dans la declaration du 4 (8) Fevrier, 1815, et a concerter, sans perte de terns, par leurs ministres aux Cours de Londres et de Paris, les mesures les plus efficaces pour obtenir I'abolition enti^re et definitive d'un Commerce aussi odieux et aussi haute- ment reprouve par les lois de la religion et de la nature. Le present Article Additionnel aura la meme force et valeur que s'il etait insere mot a mot au Traite de ce jour. II sera compris dans la ratification du dit Traite. En foi de quoi, les Plenipotentiaires respectifs I'ont signe et y ont appose le cachet de leurs amies. Fait d Paris, le 20 Novembre, Tan de Grace, 1815. Signe Castlereagh,(L.S,) Signe Richelieu, (L.S.) Wellington,(L.S.) CONVENTION etitre la Grande Brelagne et la France. Signee (i Paris, le 20 Novembre, 1815. Conclne en conformitc de V Article 9 du Traite Principal, relativement a I'examen et a la liqnidation des reclamations des sujets de Sa Majeste Britan- nique envers le (Jouvernement Francais. I. Les sujets de Sa Majeste Britannique porteurs de creances sur le Gouvernemcnt Fran9ais, lesquels, en contravention a I'Ar- FRANCE. 277 ADDITIONAL ARTICLE. The high Contractmg Powers, sincerely desiring to give eft'ect to the measures on which tiiey deliberated at the Congress of Vienna, relative to the complete and universal abolition of the Slave Trade, and having, each in their respective dominions, pro- hibited, without restriction, their colonies and subjects from taking any part whatever in this traffic, engage to renew con- jointly their efforts, with the view of securing final success to those principles which they proclaimed in the declaration of the 4th (8th) of February, 1815,* and of concerting without loss of time, through their ministers at the Courts of London and of Paris, the most effectual measures for the entire and definitive abolition of a commerce so odious and so strongly condemned by the laws of religion and of nature. The present Additional Article shall have the same force and effect as if it w ere inserted, word for w ord, in the Treaty signed this day. It shall be included in the ratification of the said Treaty. In witness whereof, the respective Plenipotentiaries have signed the same, and have affixed thereunto the seals of their arms. Done at Paris, this 20th day of November, in the year of our Lord, 181 J. Signed Castlereagh, (L.S.) Signed Richelieu, (L.S.) Wellington, (L.S.) CONVENTION (No. 7.) betzceen Great Britain and France. Signed at Paris, November 20, 1815. Concluded i7i conformity to the 9th ylrticle of the Principal Treaty, relative to the ex- amination and liquidation of the claims of the subjects of His Britannic Majesty against the Government of France. I. The subjects of His Britannic Majesty having claims upon the French Government, who, in contravention of the Second Article * See Declaration, Page 9. T 3 278 FRANCE. tide 11. Uu Traite de Commerce de 1786,* et depuis le ler Janvier, 1793, ont ete atteints, li cet egard, par les effets de la confiscation ou du sequestre decretes en France, seront, conforme- ment lirArticle IV. Additionnel du Traite de Paris de 1814, eux, leurs heritiers ou ayant-cause, sujets de Sa Majeste Britannique, indemnises et payes, apr^s que leurs creances aurout ete recon- nues legitimes et que le montant en aura ete fixe, suivant les formes et sous les conditions stipulees ci-apres. II. Les sujets de Sa Majeste Britannique, possesseurs de rentes perpetuelles sur le Gouvernement Frangais, et qui, depuis le ler Janvier, 179.^, ont et6 atteints d cet egard par les effets de la con- fiscation ou du sequestre decretes en France, seront, eux, leurs heritiers ou ayant-cause, sujets de Sa Majeste Britannique, in- scrits sur le grand-livre de la dette consolidee de France, pour la meme somme de rentes dontils jouissaient avant les lois et decrets de sequestre ou de confiscation susmentionnes. Dans le cas ou les edits constitutifs des rentes mentionnees ci- * EXTRA IT du Traite de Navigation et de Commerce eiitre la Grande Bretagne et la France. Signe d. Versailles, le 26 Septemhre, 1786. "II. Pour assurer d I'avenir le commerce et Vamitie entre les sujets le leurs dites Majestes, et ajin que cette bonne correspondance soit d I'abri de tout trouble et de tuute inquietude, il a ete convenu et accorde, que si quelqite jour il sunient quelquc mauxaise intelligence, interruption d'amitie ou rup- ture entre les Couronnes de leurs Majestes, ce qu'd Dieu tie plaise! {laquclle rupture ne sera censee exister que lors du rappcl ou du renvoi des Ambassa- deurs et Ministres respectifs) les sujets des deux Parties qui demeureront dans les ctats tunc de I'autrc, auront la faculte d'y continuer leur sejour et leur negoce, sans qu'ils puissent etre troubles en aucune maniere, tant qu'ils se comporteront paisiblement, et qu'ils ne se permettront rien contre les loix et les ordonnances : et dans le cas ou leur conduite les rendroit suspects, ct que les Gouvernemens respectifs se trouveroicnt obliges de leur ordonncr de se retirer, il leur sera accorde pour cette Jin un terme de douze mots, ctfin qu'ils puissent se retirer, avec leurs effets et leurs facultes, cotifics tant an particulicrs qu'au public. Bicn entendu que cette Javeur ne pourra etre recla- mee par ccux qui se permettront une conduite contrairc d V or dre public." FRANCE. 279 of the Treaty of Commerce of 1780,* and since the first of Ja- nuary, 1793, have suft'ered on that account, by tlie confiscations or sequestrations decreed in France, shall, in conformity to the Fourth Additional Article of the Treaty of Paris of the year 1814, themselves, their heirs or assigns, subjects of His Britamiic Ma- jesty, be indemnified and paid, when their claims shall have been admitted as legitimate, and when the amount of them shall have been ascertained, according to the forms and under the conditions hereafter stipulated. II. The subjects of His Britannic Majesty, holders of perma- nent stock under the French Government, and who, on that ac- count have, since the 1st of January, 1793, suffered by the confis- cations or sequestrations decreed in France, shall themselves, their heirs or assigns, subjects of His Britannic Majesty, be inscribed in the great book of the consolidated debt of France, for an amount of stock equal to the amount of the stock they possessed prior to the laws and decrees of sequestration or of confiscation abovementioned. In the cases in which the edicts or decrees constituting the * EXTRACT from the Treaty of Navigation and Commerce between Great Britain and France. Signed at Versailles, 26 September, 1786. " II. For the future security of commerce and friendship between the sub- jects of their said Majesties, and to the end that this good correspondence may be preserved from all interruption and disturbance^ it is concluded and agreed, that if, at any time, there should arise any misunderstanding, breach of friendship or rupture bctxvccn the Crowns of their Majesties, which God forbid ! {xvhich rupture shall not be deemed to exist until the recalling or sending home of the respective Ambassadors and Ministers) the subjects of each of the two Parties residing in the Dominions of the other, shall have the privilege of remaining and continuing their trade therein, xvithout any man- ner of disturbance, so long as they behave peaceably, and commit no offence against the laws and ordinances : and in case their conduct should render them, suspected, and the respective Governments should be obliged to order them to remove, the term of tivelve months shall be allowed them for that purpose, in order that they may remove, with their effects and property, whe- ther entrusted to individuals or to the State. At the same time it is to be understood that this favour is nut to be extended to thoie who shall act con^ trary to the established laws." T 4 280 FRANCE. dessus auraient ajoute des conditions utiles ou des chances favo- lables, il en sera tenu compte au creanciers, et une augmentation fondee sur une juste evaluation de ces avantages s'appliquera au montant de la rente k inscrire. Les nouvelles inscriptions seront fournies avec jouissance du 22 Mars, 1816. Sont exceptes des dispositions mentionnees ci-dessus, ceux des dits sujets de Sa Majeste Britannique qui, en recevant leurs rentes au tiers, apres le 30 Septembre, 1 797, se sont soumis eux- memes aux lois existantes sur cette matiere. IK. Seront egalement inscrits sur le grand livre de la dette viagere de France, ceux des sujets de Sa Majeste Britannique, ou leurs lieritiers et ayant-cause, sujets de Sa Majeste Britan- nique, possesseurs de rentes viageres sur le Gouvernement Frau- gais, avant les decrets qui en ont ordonne la confiscation ou le sequestre, pour la meme somme de rentes viageres dont ils jouis- saient en 1793. Sont exceptes ceux des dits sujets de Sa Majeste Britannique qui ont innove, en recevant leur rentes au tiers et se soumettant ainsi eux memes aux lois existantes sur cette matiere. Les nouvelles inscriptions seront fournies avec jouissance du 22 Mars, 1816. Avant que ces nouvelles inscriptions puissent etre delivrees, les reclamans seront tenus a produire des certificats selon les formes prescrites, constatant que les personnes sur la tete des- quelles leurs rentes viageres avaient ete prises, sont encore en vie. Quant a ceux des susdits sujets de S. M. Britannique dont les rentes viageres portaient sur des personnes qui ne sont plus en vie, ils seront tenus a produire des extraits mortuaires suivant les formes prescrites, constatant les epoques des deces ; et dans ce cas les Rentes seront payees jusqu'a ces epoques. IV. Les arrerages liquides et reconnus des rentes perpetuelles et viageres qui seront dus jusqu'au 22 Mars prochain, exclusive- ment, sauf les cas d'exception specifies aux Articles II. et III. seront inscrits sur le grand livre de la dette publique de France, au taux qui resultera du terme moyen entre le pair et le cours de la place, au jour de la signature du present Traite : les iuscrip- FRANCE. 1281 above-mentioned stock shall have added thereto profitable con- ditions, or favourable chances, account shall be had thereof in favour of the creditors, and an addition^ founded upon a just evaluation of such advantages, shall be made to the amount of the stock to be inscribed. The new inscriptions shall bear date and bear interest from the 22d of March, 181 6. Such subjects of His Britannic Majesty who, by receiving their annuities at a third, after the 30th of September, 1797, have sub- mitted themselves by their own act to tlie laws existing upon this subject, are excepted from the above-mentioned dispositions. III. Such of the subjects of His Britannic Majesty, or their heirs or assigns, subjects of His Britannic Majesty, as possessed life annuities from the French Government before the decrees of confiscation or sequestration, shall equally be inscribed upon the great book of the life annuities of France, for the same sum of life annuities as they enjoyed in 179'^- Such of the subjects of His Britannic Majesty, however, as have changed the nature of their claims, by receiving their annuities at a third, and thus by their own act have submitted themselves to the laws existing upon this subject, shall be excepted from the above dispositions. The new inscriptions shall bear date, and bear interest from the 22d of March, ISlG. Prior to the delivery of the new inscriptions, the claimants shall be bound to produce certificates, according to the usual forms, declaring that the persons in whose names their Life Annuities were constituted are still alive. With respect to those of the above-mentioned subjects of His Britannic Majesty possessing life annuities in the names of per- sons who are dead, they shall be bound to produce certificates of demise, in the usual forms, stating the period of the decease ; and in that case, the Annuities shall be paid up to such period. IV. Such arrears of the Perpetual and life annuities as shall have been liquidated and allowed, and as shall be due up to the 22d of March next exclusively, save the cases of exception spe- cified in the Second and Third Articles, shall be inscribed in the great book of the public debt of France, at the rate which shall be the medium price between par and the current market price of the day, at the date of the signature of the present Treaty. 282 FRANCE. tions seront foiunies avec jouissance du '2*2 Mars 1816, inclusive- ment. V. Pour regler la somme principale qui sera due relativement aux proprietes immobilieres qui apparteuaient a des sujets de Sa Majeste Britannique, ;\ leurs heritiers ou ayant-cause, egalemeut sujets de Sa Majeste Britannique, et qui out ete sequestrees, con- fisquees et vendues, on procedera de la maniere suivante : Les dits sujets de Sa Majeste Britannique auront a produire, 1. I'acte d'achat constatant qu'ils etaient proprietaires ; 2. les actes prouvant le fait du sequestre et de la confiscation sur leur tete, ou sur celle de leurs devanciers ou cedants, sujets de Sa Majeste Britannique. On admettra toutefois, au defaut des preuves ecrites, vu les circonstances dans lesquelles les confisca- tions et sequestres ont eu lieu, etcelles qui sont survenues depuis, telle autre preuve que les Conmiissaires de liquidation dont il sera parle plus bas, jugeront suflfisans pour les remplacer. Le Gouvernement Frangais s'engagera en outre d faciliter de toutes les manieres la production des titres et preuves servant a constater les reclamations auxquelles se rapporte le present Article ; et les Commissaires seront autorises ii faire toutes les recherches qu'ils jugeront necessaires pour parvenir a la connais- sance ou obtenir la production de ces titres et preuves. lis pour- ront meme, en cas de besoin, interroger, sous serment, les em- ployes des bureaux qui se troiiveraient en etat de les indiquer ou de les fournir. La valeur des dites proprietes immobilieres sera determinee et fixee sur la remise de I'extrait de la matrice des roles de la con- tribution fonciere pour I'annee 1791, et sur le pied de vingt fois le revenu mentionne dans les dits roles. Si les matrices n'existaient plus, et que les extraits ne pussent pas etre fournis, les reclamans pourront etre autorises a fournir tellcs autres preuves qui seraient agreees par la commission dc liquidation mentionnee dans les Articles ci-apres. Le capital, ainsi liquide et reconnu, sera inscrit sur le grand livre de la dette publique de France, au meme taux qui a ete fixe par I'Article IV pour I'inscription des arreragcs des rentes, et les FRANCL:. 28.'J The Inscriptions shall bear date and bear interest from the 22d of March 18lG, inclusively, V. In order to determine the capital due on immoveable pro- perty which belonged to subjects of His Britannic Majesty, to their heirs or assigns, equally subjects of His Britannic Majesty, and which was sequestered, confiscated and sold, the following process shall be had : The said subjects of His Britannic Majesty shall be obliged to produce, 1st, the deed of purchase proving their proprietor- ship ; ^ndly, the acts proving the facts of the sequestration, and of the confiscation against themselves, their ancestors or assignors, subjects of His Britannic Majesty, In default however of all proofs in writing, considering the circumstances under which the confiscations and sequestrations took place, and those which have since arisen, such other proof shall be admitted as the Com- missioners of liquidation hereafter mentioned shall judge sufficient in lieu thereof. The French Government further engages to facilitate by every means, the production of all titles and proofs serving to substan- tiate the claims to which the present Article refers, and the Commissioners shall be authorised to make all search, which they shall judge necessary to arrive at such information, and to obtain the production of such titles and proofs ; they shall also be em- powered to examine upon oath, in case of need, such persons employed in the public offices, as may have it in their power to point them out, or to furnish them. The value of the said immoveable property shall be determined and fixed by the production of an extract of the " Blatrice," of the ^' Rolen " of the '' Cont rib utio7ifoJiciere" for the year 1791, and at the rate of twenty times the revenue mentioned in the said " Roles." If the " Matrices" should no longer exist, and that it should therefore be impossible to produce the extracts, the claimants shall be authorised to furnish such other proofs, as shall be admit- ted by the commission of liquidation mentioned in the following Articles. The capital thus liquidated and allowed shall be inscribed upon the great book of the public debt of France, at the rate which has been fixed in Article IV for the inscription of the arrears of 284 TRANCE. inscriptions serout foumies avec jouissance du ^11 Mars prochain inclusivement. Les arrerages dfis sur le dit capital, depuis I'epoque du se- questre, seront calcules a raison de quatre pour cent, par an, sans retenue, et le montant total de ces arrerages, jusqu'au I'i Mars prochain exclusivenient, sera inscrit sur le grand livre de la detie publique de France, an taux susmentionne, et avec jouissance du '22 Mars prochain, inclusivement. VI. Pour regler la somme principale ainsi que les arrerages qui seront dus a. ceux des sujets de Sa Majeste [3ritannique dont les proprietes niobilieres en France out ete sequestrees, confis- quees, et vendues, ou a leurs heritiers ou ayant cause, sujets de Sa Majeste Britannique, on procedera de la maniere suivante : Les reclamans auront a produire, 1 . le proces verbal d'inven- taire des effets mobiliers ou sequestres ; 2. le proces verbal de vente des dits effets, ou, an defaut des preuves ecrites, telle autre preuve que les Commissaires respectifs des deux Puissances jugeront suftisante pour les remplacer. D'apres le principe ^tabli dans I'Article precedent, le Gouvernement Fran^ais s'en- gage, k cat egard, aux memes facilites, et les Commissaires sont autorises aux memes recherches et demarches qui ont ete etablis pour les proprietes immobilieres dans I'Article precedent. On determinera ainsi le montant des creances provenant des saisies et ventes du raobilier, en ayant toutefois egard aux epoques ou le papier-monnaie etait en circulation, et d I'augmentation lictive du prix qui en est resultee. Le capital liquide et reconnu sera inscrit sur le grand livre de la dette publique de France, au meme taux qui a ete par les Articles precedens, et les inscriptions seront fournies avec jouis- sance du 22 Mars prochain, inclusivement. Les arrerages liquides et reconnus dus sur le dit capital, depuis Tepoque ou le reclamant a ete prive de la jouissance du mobilier, seront calcules a raison de trois pour cent, par an, sans retenue, et le montant total des dits arrerages jusqu'au 22 Mars prochain. FRANCK. 285 the annuities ; and the inscriptions shall bear date and shall bear interest from the 22d of Marcii next, inclusively. The arrears due upon the said capital from the period of its sequestration, shall be calculated at the rate of four per cent, per annum, without deduction, and the whole amount of those arrears up to tlie 22d of March next exclusively, shall be inscribed in the great book of the public debt of France, at the rate above- mentioned, and shall bear interest from the 'i'2d of March next, inclusively. VI. In order to fix the capital as well as the arrears which shall be due to such of the subjects of His Britannic Majesty, whose moveable property in France has been sequestered, confis- cated and sold, or to their heirs or assigns, subjects of His Bri- tannic Majesty, the following process shall be had : The claimants shall be obliged to produce, 1st, the proces ver- bal containing the inventory of the moveable effects seized or sequestered ; 2dly, the procts verbal of the sale of the said effects, or in default of proofs in writing, such other proof as the respec- tive Commissioners of the two Powers shall judge sufficient in lieu thereof, according to the principles established in the pre- ceding Article ; the French Government engaging in this respect to give the same facilities, and the Commissioners are authorised to make the same search, and to take the same measures, as have been detailed in the foregoing Article, with respect to immoveable property. The amount of the stock arising from the seizures and sales of the moveable property shall be thus determined ; regard being always had to those periods during which paper money was in circulation, and to the fictitious augmentation of prices resulting therefrom. The capital liquidated and allowed shall be inscribed upon the great book of the public debt of France, at the rate which has been fixed by the preceding Articles, and the inscriptions shall bear date, and shall bear interest from the 22d of March next, inclusively. The arrears liquidated and allowed, due upon the said capital from the period at which the claimant was deprived of the pos- session of his or her moveable property, shall be calculated at the rate of three per cent, per annum, w ithout deduction, and the 286 FRANCE. cxclusivcment, sera inscrit sur le grand livre de la dette publiqiie de France, au taux susmentionn6, et avec jouissance du 2£ Mars prochain, inclusivement. Ne seront point admis X la liquidation et aux payemens men- tionnes dans le present Article, les vaisseaux, navires, cargaisons et autres effets mobiliers qui auraient ete saisis et confisques, soit au profit de la France, soit au profit des sujets de Sa Majeste Tres Chretienne, par suite des lois de la guerre et des lois pro- hibitives. VII. Les creances des sujets de Sa Majeste Britannique, pro- venant des differens emprunts fails par le Gouvernement Fran- §ais, ou d'hypotheques sur des biens sequestres, saisis et vendus par le dit Gouvernement, ou toute autre creance non comprise dans les Articles pr6cedens, et qui serait admissible d'apr^s les termes de I'Article IV. Additionnel du Traite de Paris de 1814, et de la presente Convention, seront liquidees et fixees en sui- vant, relativeraent a chacun d'elles, les modes d'admission, de verification et de liquidation, qui seront relatifs ii leurs natures, et qui seront precises et fixes, par la commission mixte dont il sera parle dans les Articles suivans, d'apr^s les principes men- tionnes aux Articles ci-dessus. Ces creances ainsi liquidees seront payees en inscriptions sur le grand livre au taux susmentionne, et les inscriptions seront foumies avec jouissance du 22 Mars prochain, inclusivement. Dans le cas oh les Edits constitutifs des Creances mentionnees ci-dessus auraient assure aux creanciers le remboursement des capitaux, et autres conditions utiles ou chances favorables, il en sera tenu compte aux creanciers, comme il est ci-dessus detaille dans I'Article II. VIII. Le montant des inscriptions revenant d chaque crean- cier, pour scs creances liquidees et reconnues, sera partag6 par les Commissaires depositaires en cinq portions egales, dont la premiere sera delivree immediatement apr^s la liquidation faite, la seconde trois mois apres, et ainsi de suite pour les autres, de trois mois en trois mois. FRANCE. 287 whole amount of the said arrears up to the 22d of Mareh next, exclusively, shall be inscribed upon the great book of the public debt of France, at the rate above-mentioned, and shall bear interest from the 22d of March next, inclusively. The vessels, ships, cargoes and other moveable property which shall have been seized and confiscated, either to the profit of France, or to the profit of the subjects of His Most Christian Majesty, in conformity to the laws of war, and the prohibitory decrees, shall not be admitted to the liquidation, nor to the pay- ments mentioned in the present Article. VII. The claims of the subjects of His Britannic Majesty, arising from the different loans made by the French Government, or from mortgages upon property sequestered, seized and sold by the said Government, or any other claim whatsoever, not comprised in the preceding Articles, and which would be admis- sible according to the terms of the fourth Additional Article of the Treaty of Paris of 1814, and of the present Convention, shall be liquidated and fixed, adopting with respect to each claim, the modes of admission, of verification, and of liquidation, which shall be conformable to their respective natures, and which shall be defined and fixed by the mixed Commission mentioned in the following Articles, according to the principles laid down in the above Articles. These claims thus liquidated, shall be paid in inscriptions in the great book at the rate above-mentioned, and the inscriptions shall bear date, and shall bear interest from the 22d of March next, inclusively. In the cases wherein the Edicts or Decrees constituting the claims above-mentioned shall have assured to the creditors the reimbursement of the capitals, and other profitable conditions or favourable chances, account shall be had thereof to the benefit of the claimants, as detailed above in Article II. VIII. The amount of the inscriptions arising to each creditor, from his claims liquidated and allowed, shall be divided by the Commissioners of deposit, into five equal portions : the first of which shall be delivered immediately after liquidation, the second three months after, and so on with respect to the other portions, every three months ; the creditors will nevertheless, receive the 288 FRANCE. Neanmoins les creaiiciers recevrontles interets de leurs cr^ances totales liquidees et reconnues, k dater du 22 Mars, ISlG, iiiclu- sivement, aussitot que les reclamations respectives auront ete reconnues et admises. IX. II sera inscrit comme fonds de garantie, sur le grand livre de la dette publique de France, un capital de .'3,500,000 francs de rente, avec jouissance, du 22 Mars, 1816, au nom de deux ou de quatre Commissaires, moitie Anglais, moitie Fran^ais, choisis par leurs Gouvernemens respectifs. Ces Commissaires recevront les dites rentes, ;\ dater du 22 Mars, 18l6, de semestre en semestre; ils en seront depositaires, sans pouvoir les negocier, et ils seront tenus, en outre, a en placer le montant dans les fonds publics, et d en percevoir I'interet accumule et compose au profit des creanciers. Dans le cas ou les 3,500,000 francs de rente seraient insuflfi- sans, il sera delivre aux dits Commissaires des inscriptions pour de plus fortes sommes, et jusqu'a concurrence de celles qui seront necessaires pour payer toutes les dettes mentionnees dans le present Acte. Ces inscriptions additionnelles, s'il y a lieu, seront delivrees avec jouissance des memos epoques que les .'3,500,000 francs ci-dessus stipules, et administrees par les Com- missaires, d'apres les memes principes ; en sorte que les creances qui resteront a solder seront acquittees avec la meme proportion d'interet accumule et compose, que si le fonds de garantie avait ete suffisant des le commencement ; et lorsque tons les payemens dus aux creanciers auront ete effectues, le surplus des rentes non assignees, avec la proportion d'interet accumule et compose qui leur appartiendra, sera rendu, s'il y a lieu, a la disposition du Gouvernement Frangais. X. A mesure que les liquidations seront faites, et que les creances seront reconnues, avec distinction des sommes represen- tant les valeurs capitales et des sommes provenant des arrerages ou interets, la commission de liquidation dont il sera parle aux Articles suivans, delivrera aux creanciers reconnus deux certificats pour valoir inscription, avec jouissance du 22 Mars 1810, inclu- sivement ; I'un des certificats relatif au capital de la creance, et FRANCR. 289 interests of the whole of their debts liquidated, and allowed from the C2d of March, 18 iG, inclusive, as soon as their respective claims shall have been allowed and admitted. IX. A capital, producing an interest of 3,500,000 francs, commencing from the 22d of March, 18 16, shall be inscribed as a fund of guarantee, in the great bo{»k of the public debt of France, in the name of two or four Commissioners, the one half English and the other half PVench, chosen by their respective Governments. These Commissioners shall receive the said in- terest from the 22d of March, 1816, every six months ; they shall hold it in deposit, without having the power of negotiating it, and they shall further be bound to place the amount of it in the public funds, and to receive the accumulated and compound interest of the same, for the profit of the creditors. In case the 3,500,000 francs of interest shall be insufficient, there shall be delivered to the said Commissioners inscriptions for larger sums, until their amount shall be equal to what may be necessary to pay all the debts mentioned in the present Act. These additional inscriptions, if there shall be any, shall be delivered, bearing- interest from the same period as the 3,500,000 francs, above sti- pulated, and shall be administered by the Commissioners, accord- ing to the same principles, so that the claims which shall remain to be paid, shall be paid with the same proportion of accumulated and compound interest, as if the fund of guarantee had been from the first sufficient ; and as soon as all the payments due to the creditors shall have been made, the surplus of the interest fund not employed, with the proportion of accumulated and com- pound interest which shall belong thereto, shall, if there be any, be given up to the disposal of the French Government. X. In proportion as the liquidation shall be effected, and as the claims shall be allowed, distinction being made between the sums representing the capitals, and the sums arising from the arrears or interest, the commission of liquidation, which shall be mentioned in tiie following Articles, shall deliver to the cre- ditors, allowed to be such, two Certificates for the value of the whole Inscription to be made, bearing interest from the 22d of March, 1816, inclusive; one of the Certificates relating to the VOL. I. u 290 FRANCE. I'autre relatif aux arrerages ou interets liquides jusqu'au CC Mars, 1816, excliisivenient. XL Les certiticats nientionnes ci-dessus seront reniis aux Commissaires depositaires des rentes, qui les viseront afin qu'ils soient iuscrits immediatement sur le grand livre de la dette pu- blique de France, au debit de leur depot, et au credit des nou- veaux creanciers reconnus et porteurs des dits Certificats, en ayant soin de distinguer les rentes perpetuelles des rentes viageres ; et les dits creanciers seront autorises, des le jour de la liquidation definitive de leurs creances, ^ recevoir, de la part des dits Com- missaires, les rentes qui leur sont d^es, avec les interets accumules et composes, s'il y a lieu, d leur profit, et avec une portion du capital qui aura ete paye, d'apres ce qui a 6te regie par les Articles precedens. XII. Un nouveau delai sera accorde, apr^s la signature de la presente Convention, aux sujets de Sa Majeste Britannique for- mant des pretensions sur le Gouvernement Frangais, pour des objets specifies dans le present Acte, 'k I'effet de faire leurs reclamations et de produire leurs titres. Ce delai sera de 3 mois pour les creanciers qui sont residans en Europe, de 6 mois pour ceux qui sont dans les Colonies Occidentales, et de 12 mois pour ceux qui sont dans les Indes Orientales, ou dans d'autres pays egalement eloignes. Apres ces epoques, les dits sujets de Sa Majeste Britannique ne seront plus admissibles A la presente liquidation. XIII. A I'effet de proceder aux liquidations et reconnaissances de creances mentionnes aux Articles precedens, il sera forme une Commission composee de deux Frangais et de deux Anglais, qui seront designes et nomm6s par leurs Gouvernemens respectifs. Ces Commissaires, apres avoir reconnu et admis les titres, pro- cederont, d'apres les bases indiquees, A la reconnaissance, liqui- dation et fixation, des sommes qui seront dfies a chaque creancier. A nicsure que ces creances auront ete reconnues et fixees, ils FRANCE. 291 capital of the debt, and tlit» oilier rolatinj^ to the arrears, or In. terest liquidated up to the CiGd of March, 18 iG, exclusively. XI. The certificates abovcmentioned shall be delivered over to the Commissioners holding the annuities in deposit, who shall check the same, in order that they be immediately inscribed into the great book of the public debt of France, to the debit of the deposit fund, and to the credit of the new creditors, ac- knowledged as such, bearers of the said certificates, care being taken to distinguish the perpetual from the life annuities. And the said creditors shall be authorised, from the day of the defi- nitive liquidation of their claims, to receive, for their profit, from the said Commissioners the interests which are due to them, to- gether with the accumulated and compound interests, if there be any, as well as such portion of the capital as shall have been paid, according to what has been regulated by the preceding Articles. XII. A further delay shall be allowed, after the signature of the present Convention, to the subjects of His Britannic Ma- jesty, who shall have claims upon the French Government, for the matters specified in the present Act, in order that they may bring forward their claims and produce their titles. This delay shall be extended to 3 mouths for the creditors re- siding in Europe, 6 months for such as are in the Western Co- lonies, and 12 months tor such as are resident iu the East Indies, or in other countries equally distant. After the expiration of these periods, the said subjects of II is Britannic Majesty shall no longer have the benefit of the present liquidation. XIII. In order to proceed in the liquidation and allowance of the claims mentioned in the preceding Articles, there shall be formed a Commission, composed of two French and two Eng- glish Commissioners, who shall be nominated and appointed by their respective Governments. These Commissioners, after they shall have allowed and ad- mitted the titles to the claims, shall proceed, according to the principles pointed out, to the allowance, liquidation, and deter- mination of the sums which shall be due to each creditor. In proportion as the claims shall be allowed and ascertained, V 2 292 FRANCE. delivreront aiix creanciers les deux ccrtificats nientlonnes dans r Article 10, I'un pour Ic capital I'autre pour les interets. XIV. II sera nomine en meme terns une commission de sur- arbitres, composee de quatre membres, dont deux seront nommes par le Gouvernement Britannique et deux par le Gouvernement Frangais. S'il y a necessite d'appeler les sur-arbitres pour vider le par- tage, les quatre noms des sur-arbitres Anglais et Francais seront mis dans une urne ; et le nom de celui des quatre qui sortira, sera le sur-arbitre de I'affaire speciale sur laquelle il y aura eu partage. Chacun des Commissaircs Liquidateurs prendra a, son tour dans I'urne le billet qui designera le sur-arbitre. 11 sera dresse proces verbal de cette operation, et ce proems verbal sera joint a celui qui seja dresse pour la liquidation et fixation de cette creance speciale. S'il survient une vacance, soit dans la Commission de Liquida- tion, soit dans celle des sur-arbitres, le Gouvernement qui devra pourvoir A la nomination d'un nouveau membre, procedera acette nomination sans aucun delai, afin que les deux Commissions restent toujours complettes, autant que faire se pcut. Si I'un des Commissaires Liquidateurs est absent, il sera, pen- dant son absence, reinplac6 par un des sur-arbitres de la meme nation ; et conime, dans ce cas, il ue resterait qu'un sur-arbitre de cette nation, les deux sur-arbitres de I'autre nation seront de meme reduits a un par la voie du sort. Et si I'un des sur-arbitres etait dans le cas cle s'absenter, la meme operation aurait lieu pour reduire A un les deux sur-arbitres de I'autre nation. II est generalenient entendu que, pour obvier a tout retard dans roperation, la liquidation soit I'adjudication, ne sera pas suspendue, pourvii qu'il se trouve present et en activite un commissaire et un sur-arbitre de cliaquc nation, conservant en tout cas le principe de la parite entre les Commissaires et les sur- arbitres des deux nations, et de la retablir au besoin par la voie du sort. Dans le cas on I'une ou Tautre des Puissances Con- tractantes aurait a proceder a la nomination de nouveaux Com- FRANCE. '29$ they sliall deliver to tlie creditors the two certificates nieiitiohed in the lOlh Article, one for the capital, the other for the in- terests. XIV. A Commission of Arbitrators shall at the same time be named, composed of four members, two of whom shall be named by the British Government, and two by the French Government. If it shall be necessary to call upon the Arbitrators, in case of an equality of votes on any point, the four names of the Arbitra- trators, English and French, shall be put into an urn, and the one of the four whose name shall be drawn first, shall be the Arbi- trator of the particular affair upon which there shall have been such equality of votes. Each of the Commissioners of Liquidation shall, in his turn, take from the urn the ticket which is to point out the Arbitrator. A proces-verhat shall be made of this operation, and shall be an- nexed to the one which shall be drawn up for the liquidation and determination of the particular claim. If a vacancy shall take place, either in the Commission of Li- quidation, or in that of Arbitration, the Government which ought to provide for the nomination of a new member, shall proceed to that nomination without delay, in order that the two Commis- sions may always remain as far as possible complete. If one of the Commissioners of Liquidation shall be absent, he shall be replaced, during his absence, by one of the Arbitrators of his nation ; and as in that case there will remain but one Ar- bitrator of that nation, the two Arbitrators of the other nation shall also be reduced to one by lot. And if one of the Arbitra- tors should absent himself, the same operation shall take place? in order to reduce to one the two Arbitrators of the other nation. It is generally understood, that in order to obviate all manner of delay in this business, the liquidation and adjudication shall not be suspended, provided there shall be present, and in activity, one Commissioner and one Arbitrator of each nation, the prin- ciple of e(|uality between the Commissioners and the Arbitrators of the two nations being always preserved and re-established if necessary, by lot. Whenever either of the Contracting Powers shall proceed to u 3 294 FRANCE. missaires Liquidateurs, depositaires ou sur-arbitres, les dits Com- saires seront tenus, avaut de proc6der, de preter le serment, et dans les formes qui sont indlquees dans I'Article suivant. XV. Les Commissaires Liquidateurs, les Commissaires Depo- sitaires, et les sur-arbitres preteront en meme terns serment, en presence de I'Ambassadeur de Sa Majeste Britannique, entre les mains de M. le garde des sceaux de France, de bien et fidelement proceder, de n'avoir aucune preference ni pour le creancier ni pour le debiteur, et d'agir dans tons leurs actes d'apres les stipu- lations du Traite de Paris du 30 Mai, 1814, des Traites et Con- ventions avec la France signes aujourd'liui, et notamment d'apres celles du present Acte. Les Commissaires Liquidateurs, ainsi que les sur-arbitres, seront autorises, toutes les fois qu'ils le jugeront necessaire, a appeler des temoins et a les interroger sous serment, dans les formes prescrites, sur tons les points relatifs aux difFerentes reclamations qui font I'objet de cette Convention. XVL Apres que les 3,300,000 francs de rentes, mentionnes dans I'Article 9 auront ete inscrits au nom des Commissaires De- positaires, et a la premiere demande du Gouvernement Francais, Sa Majeste Britannique donnera les ' ordres necessaires pour effectuer la retrocession des colonies Frangaises, telle qu'elle a ete stipulee par le Traile de Paris, du 30 Mai, 1814, y compris la Martinique et la Guadaloupe, qui ont ete occupees depuis par les forces Britanniques. L'inscription mentionnee ci-dessus aura lieu d'ici au ler Jan- vier prochain, au plus tard. XVIL Les prisonniers de guerre, officiers et soldats de terre et de mer, ou de quelque qualite que ce soit, faits pendant les hostilites qui viennent de cesser, seront de part et d'autre renvoyes immediatement dans leurs pays respectifs, sous les memes condi- tions qui se trouvent consignees dans la Convention du 23 Avril et dans le Traite du 30 Mai, 1814, et le Gouvernement Britan- nique renonce a toute somme ou droit quelconque qui pourrait lui revenir pour tout le surplus de I'cntretien des dits prisonniers de FRANCE. 295 the nomination of new Commissioners of Liquidation, of Deposit, or of Arbitration, the said Commissioners shall be obliged, pre- viously to their entering upon their functions, to make the oath, and in the forms detailed in the follov\ing Article. XV. The Commissioners of Liquidation, the Commissioners of Deposit, and the Arbitrators, shall together make oath, in the presence of the Ambassador of His Britannic Majesty, and be- between the hands of the keeper of the seals of France, to proceed justly and faithfully, to have no preference either for the creditor or for the debtor, and to act in all their proceedings according to the stipulations of the Treaty of Paris, of the 30th of May, 1814, and of the Treaties and Conventions with France, signed this day, and more particularly according to those of the present Convention. The Commissioners of Liquidation and the Arbitrators shall be authorized to call witnesses whenever they shall judge it neces- sary, and to examine them by oath in the usual forms, upon all points relative to the different claims which form the object of this Convention. XVL When the 3,500,000 francs of interest, mentioned in the 9th Article, shall have been inscribed in the name of the Commissioners who are to hold that sum in deposit, and on the ilrst demand which shall be thereafter made by the French Go- vernment, His Britannic Majesty shall give the necessary orders to carry into execution the restoration of the French Colonies, as stipulated by the Treaty of Paris of the 30th of May, 1814, comprehending Martinique and Guadaloupe, which have been since occupied by the British forces. The inscription abovementioned shall be made before the 1st of January next at the latest. XVH. The prisoners of war, officers and soldiers, both naval and military, or of any other description, taken during the hostilities which have lately ceased, shall, on both sides, be im- mediately restored to their respective countries, under the same conditions which are specified in the Convention of the '23d of April, 1814, and in the Treaty of the 30th of May of the same year ; and the British Government renounces all claim to any sums or indemnities whatsoever, which might belong to it from u 4 2()6 FRANCE. guerre, mais toujours sous ia condition specifiee dans TArticIe 4 Additionnel du Traite de Paris du 30 Mai, 1814. Fait k Paris, le 20 Novembre, I'an de Grace, 1815. Signe Castlereagh, (L.S.) • Richelieu, (L.S.) Wellington, (L.S.) ARTICLE ADDITIONNEL. Las reclamations des sujets de Sa Majeste Britannique, fondees sur la decision de Sa Majeste Tres Chretienne, relativement aux marchandises Anglaises introduites a Bourdeaux par suite du tarif des douanes public dans la dite ville par Son Altesse Royale Monseigneur le Due d'Angouleme, le 24 Mars, 1814, seront liquidees et payees d'apres les principes et le but indiques dans cette decision de Sa Majeste Tres Chretienne. La Commission creee par I' Article 13 de la Convention de ce jour, est chargee de proceder immediatement k la liquidation de la dite creance et a la fixation des epoques du payement en argent effectif. La decision qui sera rendue par les Commissaires, sera executee immediatement, selon sa forme et teneur, Le present Article Additionnel aura la meme force et valeur que s'il etait insere mot a mot dans la Convention de ce jour, relative a I'examen et a la liquidation des reclamations des sujets de Sa Majeste Britannique envers le Gouvernement Frangais. En foi de quoi, les Plenipotentiaires respectifs I'ont signe et y ont appos6 le cachet de leurs armes. F"ait a Paris, le 20 Novembre, I'an de Grace, 1815. Signe Castlereagh, (L.S.) Richelieu, (L.S.) Wellington, (L.S.) rilANCE. 097 llie surplus arising from the maintenance of the said prisoners of war, subject nevertheless to the condition specified in the 4th Additional Article of the Treaty of Paris of the 30th of May, IB 14. m Done at Paris, the 20th day of November, 181 j. Signed CasTlereagu, (L.S.) Richelieu, (L.S.) Wellington, (L.S.) ADDITIONAL ARTICLE. The claims of the subjects of His Britannic Majesty, founded on a decision of His Most Christian Majesty, relative to the Bri- tish merchandize introduced into Bourdeaux, in conformity to the tarif of customs published in the above-mentioned city, by His Royal Highness the Duke d'Angouleme, on the 24th of March, 1814, shall be liquidated and paid, according to the principles and the object declared in the above-mentioned decision of His Most Christian Majesty, The Commission instituted by Article XHI of the Convention of this day, is directed to proceed immediately to the liquidation of the said claim, and to tix the dates of its payment to be made in money. The decision which shall be made by the Commissioners, shall be executed immediately, according to its form and tenor. The present Additional Article shall have the same force and effect as if it w'ere inserted word for word in the Convention signed this day, relative to the examination and liquidation of the claims of the subjects of His Britannic Majesty against the Go- vernment of France. In witness whereof, the respective Plenipotentiaries have signed it, and have thereto affixed the seals of their arms. Done at Paris, the 20th day of November, 1815. Signed Castlereagh, (L.S.) Richelieu, (L.S.) Wellington, (L.S.) 298 FRANCE. CONVENTION eiitre la Grande Bretagne et la France. Conchie en conforniite de V Article 9 du Traite Principal, relativement a l' Examen ct a la Liquidation des Reclama- tions (Particnlitres) a la Charge du Gouvernement Fran- fais. Signee a Paris, le 20 Nuvembre, 1815. Pour applanir les difficultes qui se sont 61evees sur I'execution de divers Articles du Traite de Paris, du 30 Mai, 1814, et notani- ment sur ceux relatifs aux reclamations des sujets des Puissances Allices, les hautes Parties Contractantes, desirant faire prompte- ment jouir leurs sujets respectifs des droits que ces Articles leur assurent, et prevenir en nieme terns, autant que possible, toute contestation qui pourrait s'elever sur les sens de quelques disposi- tions du dit Traite, sont convenues des Articles suivans : I. Le Traite de Paris du 30 Mai, 1814, etant confirme par I'Article 1 1 du Traite Principal auquel la presente Convention est annex6e, cette confirmation s'etend nommement aux Articles 19, 20, 21, 22, 23, 24, 25, 26, 30 et 31 du dit Traite, autant que les stipulations renfermees dans ces Articles n'ont pas ete changees ou modifiees par le present Acte, et il est expressement convenu que les explications et les developpemens que les hautes Parties Contractantes ont juge ^ propos de leur donner par les Articles suivans, ne prejudicieront en rien aux reclamations de toute autre nature, qui seraient autorisees par le dit Traite, sans ctre specialement rappelees par la presente Convention. II. En conforniite de cette disposition, Sa Majeste Tres Clire- tienne proniet de faire liquider dans les formes ci-apr^s indiquees, toutes les sommes que la France se trouve devoir dans les pays hors de son territoire tel qu'il est constitue par le Traite auquel la presente Convention est annex6e, en vertu de I'Article 1<) du Traite de Paris, du 30 Mai, 1814, suit a des individus, soit a des Communes, soit a des etablissemens particuliers dont les re- venues ne sont pas a la disposition des Gouvernemens. FRANCE. 299 CONVENTION (No. 13,) betzceen Great Britain and France. Concluded in cotiformity to the Qth Article of the Principal Treati/, relative to the Examination and Liquidation of the (private) Claims upon the French Government. Signed at Paris the '10th of November, 1815. (Translation, as laid before Parliament.) In order to remove the difficulties which have arisen in the execution of divers Articles of the Treaty of Paris, of the 30tli May, 1814, and especially of those relating to the claims of subjects of the Allied Sovereign Powers, the high Contracting Parties, being desirous of enabling their respective subjects speedily to enjoy the rights which those Articles ensure to them, and at the same time prevent as much as possible all controversy which might arise on the interpretation of some of the dispositions of the said Treaty, have agreed upon the following Articles : I. The Treaty of Paris of the oOth May, 1814, being confirmed by Article 1 1 of the principal Treaty, to which the present Convention is annexed, this confirmation extends principally to Articles 19, 'iO, 21, £2, 23, 24, 25, 26, 30, and 31 of the said Treaty, so far as the stipulations contained in the said Articles have not been altered or modified by the present Act ; and it is expressly agreed, that the explanations and developements which the high Contracting Parties have thought advisable to give to them by the following Articles, shall in no wise prejudice the claims of any other nature, which may be authorized by the said Treaty, though not especially stipulated by the present Convention. II. In conformity to this resolution. His Most Christian Ma- jesty engages to cause to be liquidated, in the manner hereinafter specified, all sums which France may be found to owe, in coun- tries out of her territory, as fixed by the Treaty to which the present Convention is annexed, by virtue of Article 19 ot the Treaty of Paris of 3()th May, 1814, cither to individuals, oi- to *' Co/mnuncs," or to private establishments the revenues of which are not at the disposal of Government. 300 FRANCE. Cette liquidation s'etendra specialement sur Its reclamations suivantes : 1. Sur celles qui concernent les fournitures et prestations de tout genre faites par des communes ou des individus, et en general par tout autre que les Gouvernemens, en vertu de con- trats ou de dis])ositions emanees des Autorites Administratives Fran^aises renfermant promesse de payement; que ces fourni- tures et prestations ayent ete effectuees dans et pour les magasins militaires en general, ou pour I'approvisionnement des villes et places en particulier, ou enfin aux armees Frangaises, ou a. des detacliemens de troupes, ou a la gendarmerie, ou aux Adminis- trations Frangaises, ou aux Hopitaux Militaires, ou eutin pour un service public quelconque. Ces livraisons et prestations seront justifiees par les regus des gardes magasins, officiers civils ou militaires, commissaires, agens ou surveillans, dont la validite sera reconnue par la Com- mission de Liquidation dont il sera question k T Article 5 de la presente Convention. Le prix en seront regies d'apres les contrats ou autres engage- mens des Autorites Fran^aises, ou, a leur defaut , d'apres les mercuriales des endroits les plus rapproches de celui ou le verse- ment a ete fait, 2. Sur les arrieres de solde et de traitement, frais de voyage, gratifications et autres indemnites revenant a des militaires ou employes a I'armee Francaise, devenus, par les Traites de Paris du 30 Mai, 1814, et du 20 Novembre, 1815, sujets d'une autre Puissance, pour le terns oil ces individus servaient dans les armees Francaises, ou qu'ils etaient attaches a des etablissemens qui en dependaient, tels qu'hopitaux, pharmacies, magasins ou autres. La justification de ces deniandes devra se faire par la pro- duction des pieces exigees par les lois et reglemens militaires. 3. Sur la restitution des frais d'entrctien des militaires Fran^ais dans les hospices civils qui n'appartenaient pas au Gouvernement, en tant que le payement de cet entretieu a etc stipule par des engagemens expres. FRAN€R. 301 This llqiiulation shall extend particularly to the foliovving claims : 1. To those arising from supplies and deliveries of all kind, furnished by " Communes" or individuals, and in general by all others but the different branches of the Government, by virtue of contracts or arrangements made by the French Administrative Authorities, under promise of payment ; whether the said sup- plies and deliveries may have been furnished, either to or for the use of military magazines in general, or for the provisioning of towns and fortresses in particular, or, in short, to the French armies, to detachments of troops or of *' gendarmerie" io i\\Q French Administrations, or the Military Hospitals, or in fine for any public service whatsoever. These deliveries and supplies are to be vouched by receipts, from the store-keepers, officers, civil or military, commissaries agents or inspectors, the validity of which shall be acknowledged by the Commission of Liquidation, described in Article 5 of the present Convention. The prices shall be regulated by the contracts or other engage- ments of the French Authorities, or in failure thereof, by the market prices of the places, the nearest to that where the deli- very shall have taken place. 2. To arrears of pay, and allowances, travelling expences, gratuities, and other indemnifications due to military or other persons employed in the French army, and become, by the Trea- ties of Paris of .Wth May, 1814, and 20th November, 1815, subjects of another Sovereign Power, during the period when the individuals in question served in the French armies, or were attached to establishments thereunto belonging, such as hospitals dispensaries, magazines, &.c. These demands are to be supported by the production of the necessary vouchers, as required by the existing military rules and regulations. 3. To the re-imbursement of expences for the maintenance of French troops in such civil hospitals as did not belong to Go- vernment, inasmuch as the payment of that maintenance has been stipulated for by positive engagements. The quota of the said expences is to be vouched by abstracts 302 FRANCE. La quotit6 de ces frais sera justifiee par les bordereaux certifies par les chefs de ces etablissemens. 4. Sur la restitution des fonds confies aux postes aux lettres Fran^aises, qui ne sont pas parvenus d leur destination, le cas de force majeure excepte. 5. Sur I'acquit des mandats, bons et ordonnances de payement fournis, soit sur le Tresor Public de France, soit sur la caisse d'amortissement, ou leurs annexes, ainsi que des bons donnes par cette demiere caisse ; lesquels mandats, bons et ordonnances, ont 6te souscrits en faveur d'habitans, de communes ou d'etablisse- mens situes dans les provinces qui ont cesse de faire partie de la France, ou se trouvent entre les mains de ces habitans, com- munes et etablissemens ; sans que, de la part de la France, on puisse refuser de les payer par la raison que les objets par la vente desquels ces bons, mandats et ordonnances devaient etre realises, ont pass6 sous un Gouvernement etranger. 6. Sur les emprunts faits paries Autorites Frangaises civile sous militaires, avec promesse de restitution. 7. Sur les indemnites accordees pour non-jouissance de biens domaniaux donnes en bail ; sur toute autre indemnite et restitu- tion pour fait d'affermage de biens domaniaux, ainsi que sur les vacations, emolumens et honoraires pour estimation, visite ou ex- pertise de batimens et autres objets, faites par ordre et pour comte du GouveiTiement Fran^ais, en tant que ces indemnites, restitu- tions, vacations, emolumens et honoraires ont ete reconnus etre a la charge du Gouvernement, et legalement ordonnes par les autorites Frangaises aiors existantes. 8- Sur le remboursement des avances faites par les caisses comnmnales, par ordre des Autorites Fran^aises, et avec promesse de restitution. 9. Sur les indemnites diies a des particuliers pour prise de ter- rain, demolition, destruction de batimens, qui ont eu lieu d'apres les ordres des Autorites Militaires Fran^aises pour Taggrandisse- ment ou la siirete des places fortes ct citadelles, dans le cas oil il est du indemnite, en vertu de la loi du 10 Juillct, 1791, et lorsqu'il V aura cu engagement de payer, resultant soit d'une expertise FRANCE. 303 of accounts, certified by the superintendents of those establish- ments. 4. To the restitution of funds, intrusted to the French post- offices, which have not reached their destination, the event of force being, however, excepted. 5. To the discharge of " Maudats," " Boris,*' and orders for payment, given eitlier on the Public Treasury of France, or on the " Caisse cTydinortissemeut," or their " Annexes,'' as well as of " Bans," given by the last-mentioned " Caisse,'" which " Man- dats," " Bons," and Orders, have been subscribed to in favour of inhabitants, " Communes," or establishments situated in pro- vinces which have ceased to form part of France, or which may be in the hands of the said inhabitants, " Communes" or esta- blishments, it being not possible for France to refuse payment of the same, on the plea, that the objects, by the sale of which the the said " Bons," " Manduts," and orders were to be realized, have passed under foreign dominion. 6. To loans made to the French civil and military Authorities, under promise of re-payment. 7. To indemnities granted for non-enjoyment of national do- mains, let on lease; to all other indemnity and refunding for leases of national domains, and also for professional attendance, remuneration, and fees for appraising, inspecting, or reporting, on the buildings, or other objects, done by order and on account of tlie French Government, inasmuch as the said indemnities, re- fundings, professional attendance, remuneration and fees, have been acknowledged to be at the expense of the Government, and legally ordered by the French Authorities at the time existing. 8. To the re-imbursement of advances made from the funds of the " Communes," by order of the French Authorities, and imder promise of re-payment. 9. To indemnities due to individuals for loss of ground, the demolition and destruction of buildings, in consequence of orders from the French Military Authorities, for the enlargement or security of fortresses and citadels, in such cases where indem- oity is due, by virtue of the law of 10th July, 171)1, J»»id where there may have been engagement to pay, either by report of ,004 FRANCE. contradictoire, reglant le montant tie rindeninite, soit de tout autre acte des autorites Frangaises. III. Les reclamations du Senat de Ilambourg, concernant la banque de cette ville, seront I'objet d'une Convention particuliere entre les Commissaires de Sa Majeste Tres Chretienne et ceux de la ville de Hambourg. IV. Seront egalement liquidees les reclamations que presentent plusieurs individus, contre I'execution d'un ordre date de Nassen, le 8 Mai, 1813, en vertu duquel on a saisi, 'X leur prejudice, des denrees coloniales, dont ils avaient acquis une partie du Gouverne- ment Frangais, et en vertu duquel ils ont ete contraints de payer une seconde fois pour des cotons, les droits et doubles droits de douane, quoiqu'ils se fussent liberes, en terns utile, de ce qu'ils devaient legalement. Ces reclamations seront liquidees par les Commissaires etablis par la Convention de ce jour, et leur montant sera paye en inscriptions au grand livre de la dette publique, X. un cours qui ne pourra pas etre au-dessous de soixante quinze, de la meme maniere qu'il a ete convenu par la presente Convention d I'egard des cautionnemens a rembourser. V. Les hautes Parties Contractantes, animees du desir de con- venir d'un mode de liquidation, propre en meme terns k en abreger le terme, et a conduire dans chaque cas partie ulier X une decision definitive, ont resolu, en expliquant les dispositions de TArticle 20 du Traite du 30 Mai, 1814, d'etablir des Commissions de Liquidation, qui s'occuperont en premier lieu de I'examen des reclamations, et des Commissions d'Arbitrage, qui en decideront dans le cas oil les premieres ne seraient pas parvenues a s'accorder. Le mode qui sera adopte k cet egard sera le suivant : 1 . Immediatement apres I'echange des ratifications du present Traite, la France et les autres hautes Parties Contractantes ou interess6es k cet objet, nommeront des Commissaires Liquidateurs, et des Commissaires Juges, qui resideront 'A Paris, et qui seront charges de regler et faire executer les dispositions renferm^es dans les Articles 18 et 19 du Traite du 30 Mai, 1814, et dans les Ar- ticles 2, 4, G, 7, 10, 1 1, 12, 13, 14, 17, 18, 19, 22, 23, 24, de la presente Convention. FRANCE. 50.5 arbitrators, rcgulatiiit; the amount of the indenuiity, or by any other deed of the French Authorities. III. The claims of the Senate of Hamburgh, on account of the Bank of that city, shall be the subject of a Special Conven- tion between the Comnnssioners of His Most Christian Ma- jesty and those of the City of Hamburgh. IV". Those claims shall also be liquidated, preferred by several individuals against the execution of a Decree, dated Nassen, the 8th May, 1813, by virtue of which colonial goods, part of which they had purchased of the French Government were seized to their detriment, and by \irtue of which they have been obliged to pay, a second time, on cottons, the single and double Custom-house dues, although they had paid, in due time, Avhat they owed lawfully. These claims shall be liquidated by the Commissioners appointed by the Convention of this day, and the amount thereof shall be paid, in inscriptions, on the great book of the public debt, at a rate not under 75, in the same manner as has been agreed upon with regard to the securities to be refunded. V. The high Contracting Parties, being animated by the de- sire of agreeing on a mode of liquidation, calculated at once to accelerate the same, and promote, in each particular case, a final decision, have resolved, while expounding the arrangements of Article 20 of the Treaty of the 30th May, 1814, to appoint Commissions of Liquidation, to be employed, in the first place, in the examination of the claims ; and also Commissions of Ar- bitration, which are to decide on such cases on which the former Commission do not agree. The mode to be acted upon, in this respect, is to be as follows : 1. Immediately after the exchange of the ratifications of the present Treaty, France, and the other high Contracting Parties, or those interested in this object, shall name Commissioners of Liquidation, and Commissioners of Arbitration, or Umpires, who are to reside at Paris, and shall be instructed to direct, and carry into execution, the arrangements contained in Articles 18 and 19 of the Treaty of SOth May, 1814, and Articles 2, 4, 6, 7, 10, 11, 12, 13, 14, 17, 18, 19, 22, 23, 24, of the present Convention. VOL. I. X 306 FRANCE. Q,. Les Commissaiies LIquidateurs seront nommes par toutes les Parties interessees qui voudront en deleguer, au nombre que chacune d'elles jugera convenable. lis seront charges de recevoir, d'examiner dans I'ordre d'uu tableau qui sera etabli pour cela, et dans le plus bref delai, et de liquider, s'il y a lieu, toutes les recla- mations. II sera libre ii chaque Commissaire de reunir dans une menie Commission tons les Commissaires des differens Gouvernemens pour leur presenter et faire examiner par eux les reclamations des sujets de son Gouvernement, on bien de trailer separement avec le Gouvernement Frangais. 3. Les Commissaires- J uges seront charges de prononcer defi- nitivement et en dernier ressort sur toutes les affaires qui leur seront renvoyees, en conformite du present Article, par les Com- missaires Liquidateurs, qui n'auront pas pu s'accorder sur elles. Chacune des hautes Parties Contractantes ou interessees, pourra nommer autant de ces juges qu'elle trouvera convenable; mais tons ces juges preteront entre les mains du garde- des-sceaux de France, et en presence des Ministres des hautes Parties Con- tractantes residant ;\ Paris, serment de prononcer sans partialite aucune pour les parties, d'apres les principes etablis par le Trait6 du 30 Mai, 1814, et par la presente Convention. 4. Immediatement apres que les Commissaires-Juges nommes par la France et par deux au moins des autres Parties interessees auront prete ce serment, tons ces Juges, presents d Paris, se re- uniront sous la presidence du doyen d'age pour convenir de la nomination d'un ou de plusieurs greffiers et d'un ou de plusieurs commis, qui preteront serment entre leurs mains, ainsi que pour deliberer, s'il y a lieu un reglement general sur I'expedition des affaires, la tenue des registres, et autres objets d'ordre int^rieur. 5. Les Commissaires destines X former les Commissions d'arbi- trage etant ainsi institu6s, lorsque les Commissaires Liquidateurs n'auront pu s'accorder sur une affaire, il sera proc6d6 devant les Commissaires-Juges, comme il va ^tre dit. 6. Dans les cas oh les reclamations seraient de la nature de celles prevues par le Traite de Paris ou par la presente Conven- FRANCE. 507 2. The Commissioners of Liquidation are to be named by all Parties interested, in such numbers as each of them may think proper to appoint. They will be instructed to receive and exa- mine, according to a scale fixed upon for that purpose, and with the least possible delay, and liquidate, if there be just cause, all claims. Each Commissioner shall be at liberty to unite in one Com- mittee all the Commissioners of the respective Governments, and to lay before them, and cause them to examine the claims of the subjects of his Government, or else to treat separately with the French Government. 3. The Arbitrators are to be instructed to decide definitively, and without appeal, on all cases referred to them, in conformity to the present Article, by the Commissioners of Liquidation, who may not have been able to agree thereon. All the high Con- tracting Parties, or those interested, may name as many of these Arbitrators as they may think proper; but everyone of these Arbitrators must make oath, before the Chancellor of France, and in the presence of the Ministers of the other high Contracting Parties residing at Paris, to pass judgment, without partiality whatever for the parties, according to the principles laid down by the Treaty of 30th May, 1814, and by the present Conven- tion. 4. As soon as the Arbitrators named by France, and by at least two of the other Parties interested, shall have taken this oath, all the said Commissioners who may be in Paris shall meet, under the presidency of the senior Commissioner, for the purpose of arranging the appointments of one or more of the recorders or record-keepers, and of one or more clerks, who are to be sworn before them, as well as for the purpose of discussing, if necessary, a general system for the dispatch of business, the keeping of the registers, and other matters of internal regulation. 6. The Commissioners appointed to form the Commissions of Arbitration being thus ordained, whenever the Commissioners of Liquidation shall not have agreed on a case, the Arbitrators are to proceed with the same in the manner hereinafter mentioned. 6. In those cases wherein the claims are of the nature provided for by the Treaty of Paris, or by the present Convention, and X 2 508 FRANCE. tion, et o\\ il ne s'agiralt que de statuer sur la validity de la de- mande, ou de fixer le niontant des sommes reclamees, la commis- sion d'arbitrage sera composee de six Commissaires-Juges, savoir ; trois Frangais, et trois personnes designees pas le Gouvernement reclamant. Ces six Juges tireront an sort pour savoir lequel d'entre eux devra s'abstenir. Les Commissaires 6tant ainsi reduits au nombre de cinq, statueront definitivement sur la reclamation qui leur sera presentee. 7. Dans les cas oi il s'agirait de savoir si la reclamation con- testee pent etre rangee parmi celles prevues dans le Traite de Paris, du 30 Mai, 1814, ou dans la presente Convention, la com- mission d'arbitrage sera composee de six membres, dont trois Frangais et trois designes par le Gouvernement reclamant. Ces six Juges decideront ii la majorite, si la reclamation est susceptible d'etre admise a la liquidation ; en cas de partage 6gal d'opinions, il sera sursis a I'examen de I'affaire, et elle fera la matiere d'une n6gociation diplomatique ulterieure entre les Gouverneniens. 8. Toutes les fois qu'une affaire sera portee a la decision d'une Commission d'arbitrage, le Gouvernement dont le Commissaire Liquidateur n'aura pas pu s'accorder avec le Gouvernement Fran- gais, designera trois Commissaires-Juges, et la France en designera autant, les uns et les autres pris parmi tons ceux qui auront prete ou qui preteront, avant de proceder, le serment prescrit. On fera connaitre ce choix au greffier, en lui transmettant le dossier des pieces. Le greffier donnera acte de cette designation et de ce d6p6t, et inscrira la reclamation sur le registre particulier qui aura ete 6tabli a cet usage, Lorsque, dans I'ordre de ces in- scriptions, le tour d'une reclamation sera venu, le greffier convo- qnera les six Commissaires-Juges designes. S'il s'agit d'un des cas enonc^s dans le Paragraphe six du pre- sent Article, les noms de ces six Commissaires-Juges seront mis dans une urne, et le dernier sortant sera elimine de droit, de telle sorte que le uombre des juges soit r^duit a cinq. 11 sera n^an- moins libre aux parties de s'en tenir, si elles en conviennent d'ua commun accord, A une Commission de quatre Juges, dont le nom- bre, pour obtenir un nombre impair, sera r^dult de la mGme ma- FRANCE. 309 wherein the question is merely to determine on the validity of the demand, or the amount of the sum claimed, the Conmiission of Arbitration is to be composed of six Umpires, namely, three French, and three appointed by the reclaiming Government. The said six Arbitrators shall then draw lots, for the purpose of de- ciding which of them is to be thrown out, and being thus reduced to five, are then finally to determine on the claim referred to them. 7. In the event of the question being, whether the contested claim can be reckoned amongst those provided for by the Treaty of Paris of 30th May, 1814, or by the present Convention, the Commission of Arbitration is to be composed of six members, whereof three are to be French, and three named by the Govern- ment reclaiming ; these six umpires are then to decide by a ma- jority, whether the claim is susceptible of being admitted to liquidation ; in the event of equality of votes, the examination of the aftair is to be suspended, and is to become subject matter of future regular negocialion between the Governments. 8. Every time that a case shall be referred to the decision of a Commission of Arbitration, the Government, whose Commis- sioner of Liquidation shall not have been able to agree with the French Government, shall name three Umpires, and France shall name as many, all of them chosen amongst those who shall have taken, or may take, previously to their acting, the stipulated oath. This choice is to be made known to the record-keeper, at the same time transmitting to him the whole of the documents. The record-keeper will duly note this nomination, and the deposit of the papers, and will enter the claim in the proper register, which shall have been opened for that purpose. When the turn of a claim shall come round in its regular order of entry, the record- keeper is to summon the six Arbitrators above-named. When the case shall happen to be one of those specified in Section 6 of the present Article, the names of the said six Arbi- trators shall be put in an urn, the last drawn shall of course go out, in order that their number may be reduced to five. The parties are, however, at liberty to abide, if they a,l,l agree thereto, by a Commission of four Arbitrators, the number of whom, in order to obtain an odd number, is to be in like manner reduced X 3 310 FRANCE. ni^re i\ tiois. Dans le cas prevu par le Paragraphe sept dii present Article, les six Juges, ou les quatre, si les deux parties sont con- venues de ce nombre, entrent en discussion sans I'elimination prealable d'un de leurs membres. Dans I'un et dans I'autre cas les Commissaires-Juges, convoques pour cet effet s'occuperont immediatement de I'examen de la reclamation ou du chef de re- clamation dont il s'agit, et prononceront, a la pluralite des voix, en dernier ressort. Le greffier assistera a toutes les seances, et y tiendra la plume. Si la Commission d' Arbitrage n'a point decide d'un chef de reclamation, mais d'rne reclamation meme, cette de- cision terminera I'affaire. Si elle a prononce sur un chef de recla- mation, I'affaire, dans le cas que ce chef est reconnu valable, retourne a la Commission de Liquidation, pour que cette derniere s'accorde sur I'admissibilite de la reclamation particuliere et de la fixation de son montant, ou qu'elle la renvoie de nouveau k una Commission d' Arbitrage reduite au nombre de cinq, ou de trois membres. La decision rendue, le greffier donnera a la Commis- sion de Liquidation connaissance de chaque sentence prononcee, afin qu'elle la joigne a ses proces-verbaux ; ces jugemens devant etre envisages comme faisant partie du travail de la Commission de Liquidation. II est au reste bien entendu, que les Commissions etablies en vertu du present Article, ne peuvent point etendre leur travail au- dela de la Liquidation des obligations resultant du present Traite et de celui du 30 Mai, 1814. VL Les hautes Parties Contractantes, voulant assurer Taccom- plissement de 1' Article 21 du Traite de Paris, du 30 Mai, 1814, et determiner en consequence le mode d'apres lequel il sera tenu compte a la France, de celles des dettes specialement hypothequees dans leur origine sur des pays qui ont cesse d'appartenir a la France, ou contractees pour leur administration interieure, les- quelles ont ete converties en inscriptions au grand-livre de la dette publique de France, sont convenues que le montant du capital que chacun des Gouvernmens de ces pays respectifs sera dans le cas de rembourser a la France, sera fixe au cours moyen du prix que les rentes du grand-livre auront eu entre le jour de la signature de la presente Convention et le ler Janvier, 1816. Ce capital sera bonifie ti la France sur les etats que la commission etablie par FRANCE. .;il to tlirec. Ill the cases specified by Section 7 of the present Ar- ticle, the six Umpires, or the lour, if the parties have agreed to that number, are to enter into discussion, witliout previous elimi- nation of one of their number. In either of these cases, the Arbitrators convoked for the purpose are immediately to enter upon the examination of the claim, or class of claim in question, and are to decide by a majority of voices, without appeal. The record-keeper is to attend all the sittings, and to act as minute- clerk. If the Commission of Arbitration have not decided upon the class of a claim, though it has, on a claim itself, such decision terminates the affair. If it has decided on the class of a claim, the case, provided that class be acknowledged as admissible, goes back to the Commission of Liquidation, for that commis- sion to determine on the admission of the individual claim, and the amount thereof, or refer it anew to a Commission of Arbitra- tion of five or three members. Judgment being given, the re- corder is to notify to the Commission of Liquidation every such sentence, for the purpose of being inserted in their proceedings, as the said decisions are to be considered and acted upon as pre- cedents by the Commission of Liquidation. It is to be well understood, that the Commissions appointed by virtue of the present Article are not to extend their labours beyond the liquidation of the obligations specified by the present Treaty, and that of 30th May, lb 14. VI. The hisrh Contracting Parties, desiring to secure the full performance of the '21st Article of the Treaty of Paris of 30th May, 1814, and, accordingly, determinate the mode of crediting France for such debts, specially secured in their origin by mort- gages upon countries which have ceased to form part of France, or otherwise contracted by their internal administration, and which have been converted into inscriptions in the great book of the national debt of France, have agreed, that the amount of the capital, which each of the Governments of the said respective countries may have to reimburse to France, shall be determined by the price which the funds may bear, on an average, between the day of the signature of the present Convention and the 1st of January, ISlG. This capital is to be made good to France, ac- X 4 312 FRANCE. I'Article 5 de la presente Convention, dressera et arretera de deux mois en deux mois apres verification des titres sur lesquels I'in- scription a eu lieu. On ne remboursera pas a la France le montant des inscriptions provenant des dettes hypothequees sur des immeubles que le Gouvernement Frangais a alienes, quelle que soit la nature de ces immeubles, pourvu que les acqu6reurs de ces immeubles, ayent paye le prix entre les mains des agens du Gouvernement Francais, a moins que les dits immeubles ne se trouvent aujourd'hui (autre- ment que par voie d'acquisition a titre onereux, faite pendant la duree de I'administration Francaise) entre les mains, soit des Gou- vernemens actuels ou d'etablissemens publics, soit des auciens possesseurs. Le Gouvernement Frangais reste charge du paye- luent des rentes de ces inscriptions. La compensation entre ce qui sera du a la France du chef des inscriptions, etles payemens auxquels celle-ci s'est engagee par la presente Convention, ne pourra avoir lieu que de gre k gre, sauf ce qui va etre dit dans I'Article suivant. VIL Seront deduits de ces remboursemens : 1. Les interets des inscriptions sur le grand livre de I'Etat, jusqu'a I'epoque du 22 Decembre, 1813. De meme les interets que la France pourrait avoir payes posterieurement a cette epoque, lui seront bonifies par les Gouvernemens respectifs. 2. Les capitaux et interets hypotheques sur des immeubles alienes par le Gouvernement Frangais, encore bien que les dits capitaux n'ayent pas ete convertis en inscriptions sur le grand livre de la dette publique, sans toute-fois que, par la presente stipulation, il soit deroge en rien aux lois ou actes du Gouverne- ment qui prononcaient des prescriptions, des d6cheances, ou en vertu desquelles les creances devaient s'eteindre au profit de la France par voie de confusion ou de compensation. VIIL Le Gouvernement Frangais ayant refuse de reconnaitre la reclamation du Gouvernement des Pays-Bas, relative au paye- ment des interets de la dette d'HoUande, qui n'auraient pas ete acquittes pour les semestres de Mars et de Septembre, 1813, on FRANCE. 313 cording to the statements which the Commission appointed by Article 5 of the present Convention shall dravv up and settle, every two months, after the titles have been duly verified, on the strength of which the inscriptions have been made. France is not to be reimbursed the amount of the inscriptions arising from debts secured by mortgage on immoveables which the French Government have alienated, whatever be the nature of the said immoveables, provided the purchasers thereof have paid the amount into the hands of the agents of the French Govern- ment, unless the said immoveables should at present be (other- wise than by possession obtained unfairly during the continuance of the French administration) in the hands either of the present Government, of public establishments, or of the former posses- sors. The French Government remains charged with the pay- ment of the dividends on those inscriptions. The countervailing accounts of what may become due to France in inscriptions, and the payments to which she has engaged herself by the present Convention, cannot be settled, but with mutual consent, excepting for what follows in the suc- ceeding Article. VII. From these reimbursements shall be deducted : 1 . The interest on inscriptions in the great book of the State, till the period of the 22d December, 1813; also, the interest which France may have paid subsequent to that period shall in like manner be made good to her by the respective Governments. a. The capitals and interest secured by mortgage on immove- ables alienated by the French Government, although the said ca- pitals have not yet been converted into inscriptions in the great book of the public debt, provided, however, that, on account of the present stipulation, nothing shall be done contrary to the laws or orders of the Government, which decreed forfeitures, &c. or in virtue of which the debts were to become extinct to the benefit of France, by way of " confusion" or of compensation. VIII. The French Government having refused to recognize the claim of the Government of the Low Countries, relative to the payment of the interest of the debt of Holland, which may not have been paid for the half years of March and September, 314 FRANCE. est convenu de remettre a I'arbitrage d'une Commission particu- liere, la decision du principe de la dite question. Cette Commission sera compos6e de sept membres dont deux d nommer par le Gouvernement Francais, deux par le Gouverne- ment des Pays-Bas, et les trois autres ^ choisir dans des Etats absolument neutres, et sans interet dans cette question: tels que la Russie, la Grande Bretagne, la Suede, le Dannemarc, et le royaume de Naples. Le choix de ces trois derniers Conimis- saires se fera de maniere qu'un d'eux soit designe par le Gou- vernement Frangais, I'autre par le Gouvernement des Pays-Bas, et le troisieme par les deux Commissaires neutres reunis. EUe s'assemblera -d Paris, le 1 Fevrier, 1816. Ces membres preteront le meme serment auquel sont astreints les Commissaires Juges qui sont institu^s par I'Article 5 de la pr6sente Conven- tion, et de la meme maniere. Aussitot que la Commission sera constituee, les Commissaires Liquidateurs des deux Puissances lui soumettront par ecrit les argumens, chacun en faveur de son opinion, atin de meltre les Arbitres a meme de decider lequel des deux Gouvernemens, du Gouvernement Francais ou de celui des Pays-Bas, sera tenu a payer les susdits interets arrieres, en prenant pour base la dispo- sition du Traite de Paris, du 30 Mai, 1814, et si le rembourse- ment que le Gouvernement des Pays-Bas sera dans le cas de faire a la France des inscriptions des dettes des pays reunis a sa couronne, et detaches de la France, pent etre exigible sans deduction des rentes de la dette d'Hollande, arrierees sur les i^cheances de 1813. IX. II sera proc6d6 a la liquidation des interets non payes des dettes hypothequees sur le sol des pays cedes a la France par les Traites de Campo-Formio et de Luneville, resultant d'emprunts formellement consentis par les Etats des pays cedes, ou de de- penses faites pour I'administration effective des dits pays. Les Commissaires Liquidateurs devront prendre pour regie de leurs operations, et les dispositions des Traites de Paix, et les FRANCE. 315 1813, it is agreed to refer to a Commission of Arbitration the decision of the principle of the said question. This Commission is to be composed of seven members ; two of tliem to be named by the French Government, two by the Government of the Netlierhmds, and the three others to be chosen from the States decidedly neuter, and who have no interest in the question, such as Russia, Great Britain, Sweden, Denmark, and the kingdom of Naples. The choice of these three last Com- missioners is to be made in such manner, that one of them is to be named by the French Government, the other by that of the Netherlands, and the third by the said tM'o neutral Commis- sioners. The Commission is to meet at Paris on the 1st of February, 18 IG. The members thereof are to take the same oath to which the Commissioners of Arbitration are subject, as stated in Ar- ticle 5 of the present Convention, to be administered in the same manner. As soon as the Commission shall be constituted, the Commis- sioners of Liquidation of the two Powers shall each submit in writing the arguments in support of their opinion, in order that the Arbitrators may be enabled to decide which of the two Go- vernments, the French Government, or the Government of the Netherlands, shall be bound to pay the aforesaid arrears of in- terest, taking for basis the dispositions of the Treaty of Paris of the 30th May, 1814, and whether the reimbursement which the Government of the Netherlands may have to make to F"rance for inscriptions of the debts of countries re-united to the crown of the Netherlands, and detached from France, is to be required without deducting the dividends of the debt of Holland, in arrear for 1813. IX. The liquidation shall be proceeded in of the unpaid in- terests of the debts secured on mortgage upon the soil of coun- tries ceded to F'rance by the Treaties of Campo Formio and Luneville, and arising from loans formally acknowledged by the Governments of the ceded countries, or from expenses incurred by the effective Administration of the said countries. The Commissioners of Liquidation are to regulate their opera- tions according to the dispositions of the Treaties of Peace, and 516 FRANCE. Lois et Actes du Gouvernement Fran§ais, sur la liquidation ou Textinction des creances de la nature de celles dont il s'agit. X. Comme par I'Article '23 du Traite de Paris du 30 Mai, 1814, il a ete stipule que le Gouvernement Frangais rembourserait les cautionnemens des fonctionnaires ayant eu maniement de de- niers publics, dans les pays detaches de la France, six niois apres la presentation de leurs comptes, le seul cas de malversation ex- cepte, il demeure convenu. 1. Que I'obligation de presenter leurs comptes au Gouverne- ment Fran^ais ne s'etend pas aux receveurs communaux ; nean- moins, comme le Gouvernement Frangais a ete interesse pour certaines portions dans les recettes dont ces comptables etaient charges, et que, par consequent, il conserve son recours contre eux, en cas de malversation, aucune reclamation pour restitution de leurs cautionnemens ne sera presentee sans etre accompagnee d'un certiticat des autorites superieures du pays auquels ces comp- tables apartiennent, determinant la somme qui, apres verification de leurs comptes, aura ete reconnuc revenir au Gouvernement Frangais par la cause susdite, et que celui-ci deduira du cau- tionnement, en constatant qu'il ne revient rien a ce Gouverne- ment, sauf, dans I'un et I'autre cas, la deduction de ceux des debets que la France s'est reservee par I'Article 24 de la presente Convention. 2. Les comptes des employes qui ont manie des fonds du Gouvernement Frangais, et qui etaient tenus de faire apurer leur gestion par la cour des comptes, seront examines par le Gou- vernement Francais, de concert avec le Commissaire du Gou- vernement actuel de la province dans laquelie le comptable a ete employe. L'examen de chaque compte se fera dans les six mois qui sui- vront immediatement sa presentation; si, dans ce delai, il n'a ete rendu aucune decision sur un compte, le Gouvernement Fran- cais renonce a tout recours contre le comptable. Cette sti- pulation ne deroge pas, a I'egard des comptables, au terme de decheance fixe par I'Article seize, bien entendu que dans le cas de FRANCi:. 317 the r.aws and Decrees of the Frencli Government, with respect to the li(jiiiclation and extinction of the debts of the nature in question. X. As it has been stipulated by Article 23 of the Treaty of Paris of 30th of May, IB 14, that the French Government should reimburse the securities given by the public functionaries en- trusted with the management of public money in the countries separated from France, six montiis after the presenting of their accounts, the case alone of misdemeanour being excepted, it re- mains agreed : 1. That the obligation of presenting their accounts to the French Government does not extend to the " Receveiirs Commu- 7iaux;" nevertheless, as the French Government has had an in- terest in certain portions of the receipts wherewith those ac- countable persons were charged, and that consequently it may still call for redress against them, in cases of misdemeanor, no application for restitution of their securities shall be presented, without being accompanied by a certificate from the superior authorities of the country to which these persons accountable may belong ; at the same time specifying the sum which, after the audit of their accounts, shall have been acknowledged to be due to the French Government on the account above-mentioned, and which the latter shall deduct from the security, giving proof that nothing is due to the same, except, in either case, the de- duction of those balances which France has reserved to herself by Article 24 of the present Convention. 2. The accounts of the functionaries who have had the ma- nagement of money belonging to the French Government, and who were bound to have their administration approved by the court of accounts, shall be examined by the French Govern- ment, in conjunction with the Commissioner of the present Go- vernment of the province wht^re the person accountable has been employed. The examination of each account is to take place within six months after it has been delivered in; if, during this period, no decision has been given, the F"rench Government renounces all claim against the person accountable. This stipulation does not derogate, with respect to those who are accountable, from the 318 FRANCE. non-presentation de comptes, le Gouvernement Francais se reserve le droit de poursuivre les comptables par les voies ordinaires. 3. Les employes ne pouvant etre rendiis responsables de ce qui s'est passe relativement a leurs caisses depuis I'entree des troupes 6trangeres, il a ete expressement convenu que le Gou- vernement Francais ne pourra repeter sur eux les soldes qu'ils devaient k cette epoque, et que ce ne sera qu'une malversation evidente, commise avant I'entree de ces troupes, qui puisse au- toriser le Gouvernement Francais a retenir totalite ou partie du cautionnement. Dans tons les autres cas, celui-ci sera rem- bourse de la maniere enoncee par I'Article J 9, Paragraphe se- cond. XI. Conformement a I'Article 25 du Traite du 30 Mai, 1814, les fonds deposes par les communes et les etablissemens publics dans les caisses des Gouvernemens, leur seront rembour- s6s, sous la deduction des avances qui leur auraient ete faites. Les Commissaires Liquidateurs veritieront le montant des dits depots et des avances. Neanmoins, lorsqu'il existerait des op- positions sur ces fonds, le remboursement n'aura lieu qu'apres que la main levee aura 6te ordonnee par les tribunaux competens, ou donnee volontairement par les creanciers opposants. Le Gou- vernement Francais sera tenu de justifier des dites oppositions. II est bien entendu que les oppositions faites par des creanciers non Frangais n'autoriseront pas le Gouvernement Frangais d re- tenir ces depots. XII. Les fonds qui existaient dans la caisse d'agriculture de la Hollande, et qui ont ete remis, li titre de depot, dans la caisse d'amortissement, dans la caisse de service ou dans toute autre caisse du Gouvernement, seront rembourses comme tout autre depot, sauf les compensations que les dites caisses pourraient etre dans le cas d'imputer sur le dit fonds. XIII. Les Commissions de Liquidation et d'arbitrage etablies en vertu de I'Article 3 de la presente Convention, s'occuperont aussi de la liquidation des objets relates dans les x\rticles 2'2 A 25 du Traite du 30 Mai, 1814, et suivront, pour ces objets, lameme marche que pour les autres liquidations dont elles sont charg^es. FllANCE. 319 time of Ibrfeltiire, fixed by Article \6, it being well iinderstootl, that in the event of the non-presentation of the accounts, the French Government reserves to itself the right of proceeding against the said persons accountable, in the customary manner. 3. The functionaries not being liable to be made responsible for what has occurred relatively to their " caisses," since the en- trance of the foreign troops, it has been expressly agreed, that the French Government are not to charge them with the balances which they owed at that period, and that it shall only be a manifest misdemeanor, committed before the entrance of those troops, which shall authorize the French government to withhold the whole, or part of the security. In all other respects the same is to be restored, in the manner expressed in Article ly, Section '2. XI. Conformably to Article 2.3, of the Treaty of the 30th May, 1814, the funds deposited by " Communes" and public es- tablishments, in the cofters of Government, are to be repaid to them, with deduction of the advances which may have been made to them. The Commissioners of Liquidation are to verify the amount of the said deposits and advances. Nevertheless, should there be lodged any attachments, the repayment of these funds shall not take place until replevin shall have been ordered, by the proper tribunals, or voluntarily allowed by the attaching cre- ditors. The French Government shall be bound to shew the justice of the said attachments. It is well understood, that such attachments lodged by creditors who are not Frenchmen, cannot authorize the French Government to detain these deposits. XII. The funds belonging to the " Caisse d' Agriculture^^ of Holland, and which have been lodged as a deposit in the " Caisse d'Amortissemenl," in the " Caisse de Service,^' or in any other " Caisse'^ of Government, shall be restored as well as all other deposits, with the exception of such compensations as the said " Caisses" may have to debit the said funds. XIII. The Commissioners of Liquidation and of Arbitration, ordained by virtue of Article 5 of the present Convention, shall also be employed in the liquidation of the objects, recited in Articles 22 to 2o of the Treaty of the 30th May, 1814, and shall proceed in the same manner, with regard to these points, as that sqa I'RANCK. Le Gouveinement Frangais s'engage d faire remettre, qualre mois apres la signature de la presente Convention, aux Commissaires Liquidateurs respectifs, des etats exacts, dresses sur les registres du tresor et autres, de toutes les sommes et creances dont il est question dans les susdits Articles ; et ces 6tats seront compares avec les regus des reclamans, pour etre verifies de cette maniere. XIV. L'Article 26 du Traite du f.O Mai, 1814, qui decharge le Gouvernement Francais, a dater du 1 Janvier de la meine annee, du payement de toute pension civile, militaire et eccle- siastique, solde de retraite et traitement de reforme, a tout individu qui se trouve a n'etre plus sujet Frangais, est maintenu. Quant aux arrerages des pensions jusqu'Ji I'epoque ci-dessus determinee, le Gouvernement FranQais s'engage a les constater, en fournissant des etats exacts tires des registres des pensions, lesquels seront compares a ceux qui existent aupres des autorites administratives locales. XV. Comnie il s'est eleve des doutes sur I'Article 31 de la paix du 30 Mai, 1814, concernant la restitution des cartes des pays qui ont cesse d'appartenir a li> France, on est convenu que toutes les cartes des pays cedes, et notamment celle que le Gou- vernement P'rangais a fait executer, seront exactement remises, avec les planches qui y appartiennent, dans un deiai de quatre semaines apres Tecliange des ratifications du present Traite. 11 en sera de meme des archives, cartes et planches qui pourraient avoir ete enlevees dans les pays momentanement occupes par les differentes armees, ainsi qu'il est stipule dans le l^e Paragraphe de I'article 3 1 du Traite susdit. XVI. Les Gouvernemens qui ont des reclamations a faire au nom de leurs sujets, s'engagent k les faire presenter a la liquida* tion dans le delai d'une annee, a dater du jour de I'echange des ratifications du present Traite, passe lequcl ternie il y aura de- cheance de tout droit, reclamation et repetition. XVII. Tons les deux mois il sera dresse un bordereau des liquidations definitivement arretees, agrees, ou jugees, indiquant le nom de chaque creancier, et la sonnne pour laquelle sa creance doit etre acquittee, soit en principal, soit en interets-arrerages. Les sommes qui sont a payer en numeraire par le tresor royal, FRANCE. 321 adopted for the other liquidations with which they are charged. The French Government engages to deliver, four months after the signature of the present Convention, to the respective Com- missioners of Liquidation, exact statements, drawn from the trea- sury and other registers, of all sums and debts alluded to in the aforesaid Articles ; and these statements are to be compared with the receipts of the claimants for the purpose of being thus proved. XIV. The 26th Article of the Treaty of the ^Oth May, IB 14, which releases the French Government from the 1st January, of the same year, from the payments of all pensions, civil, military and ecclesiastical, allowances on retiring, and half-pay, to all individuals no longer subjects of France, is mainiahied. — With regard to the arrears of pensions, to the period above-mentioned, the French Government engages to give evidence of them, by furnishing exact statements, drawn from the pension registers, which are to be compared with those kept by the local adminis- trative authorities. XV. Doubts having arisen upon the 31st Article of the Treaty of the 30th May, 1814, concerning the restitution of the maps of the countries which have ceased to belong to France, it is agreed that all the maps of the countries ceded, including those which the French Government has caused to be executed, shall be ex- actly given up, with the copper- plates belonging to them, in the space of four weeks after the exchange of the ratifications of the present Treaty. The same shall be done respecting the archives, maps and plates, taken away from the countries occupied for a time by the different armies, as it is stipulated in the second paragraph of the 31st Article of the said Treaty. . XVI. Governments who have claims to prefer in behalf of their subjects, engage to cause them to be presented for liquida- tion within a year, dating from the day of the exchange of the ratifications of the present Treaty ; after which time they are to forfeit all right to claim and recovery. XVII. Every two months an abstract is to be drawn up of the liquidations finally adjustecl, approved, or decided, specifying the name of each creditor, and the amount for which his debt is to be discharged, either in principal, or arrears of interest. The sums which are to be paid in cash by the royal treasury, either VOL. 1. \ :]02 FRANCE. soit pour capitaux, soit pour Interets, seront remises aux Com- missaires Liquidateurs du Gouvernement interesse, sur leurs quittances visees par les Liquidateurs Fran^ FRANCE. dlrlaiide : le Sieiir Charles Stuart, G. C. B, Son Amhassadeur Extraordinaire et Plenipotentiaire pres Sa Majest6 Tres Chre- tienne, &c. &c. &c. Sa Majeste I'Empereur d'Autriche, Roi de Hongrie et de Boheme : le Sieur Nicholas Charles Baron de Vincent, Son Envoye Extraordinaire et Ministre Plenipotentiaire pres Sa Ma- jeste Tres Chretienne, See. &c. 8cc. Sa Majeste le Roi de France et de Navarre : le Sieur Armand Emmanuel Duplessis Richelieu, Due de Richelieu, Son Ministre et Secretaire d'Etat des Affaires Etrangeres et President du Con- seil de Ses Ministres, &c. &c. 8cc. Sa Majeste le Roi de Prusse : le Sieur Charles Frederic Henri Comte de Goltz, Son Envoye Extraordinaire et Ministre Pleni- potentiaire pres Sa Majeste Tres Chretienne, &c. &c. 8cc. Sa Majeste I'Empereur de toutesles Russies, Roi de Pologne : le Sieur Charles Andre Pozzo di Borgo, Lieutenant General de Ses Armees, Son Ministre Plenipotentiaire pres Sa Majeste Tr^s Chretienne, Sic. 8cc. &c. Et attendu qu'elles ont considere que le concours de Son Ex- cellence Monsieur Le Marechal Due de Wellington contribuerait efficacement au succes de cette negotiation, les Plenipotentiaires Soussign6s, apres avoir arrcte de concert avec lui et d'accord avec les Parties interessees, les bases de rarrangementdconclure, sont convenus, en vertu de leurs Pleins-pouvoirs, des Articles suivans : I. A I'eifet d'operer I'extinction totale des dettes contractees par la France, dans les pays hors de son territoire actuel, envers des individus, des communes on des etablissemens particuliers quelconques, dont le payenient est reclame en vertu des Traites du oO Mai, 1814, et du 20 Novenibre, 1815, le Gouvernement Frangais s'engage a faire inscrire sur le grand livre de Sa dette publique, avec jouissance du C2 Mars, 1818, une rente de 12,040,0U0 francs, representant un capital de 240,800,000 francs. IL Les sommes remboursables au Gouveniement Francais en vertu de I'Articie 21, du Traite du 30 Mai, 1814, et des Ar- ticle 6, 7, et 22, de la susdite Convention du 20 Novembre, 1815, serviront ^ completer les moyens d'extinction des susdites FRANCE. 339 and Ireland : Sir Charles Stuart, G. C. B. His Ambassador Extra- ordinary and Plenipotentiary to His INIost Christian Majesty, &.c. &c. &c. His Majesty the Emperor of Austria, King of Hungary and Bohemia: the Sieur Nicholas Charh-s Baron de Vincent, His Envoy Extraordinary, and iSlinister Plenipotentiary to His Most Christian Majesty, &c. &c. &.c. His Majesty the King of France and Navarre: the Sieur Armand Emanuel Duplessis Richelieu, Duke of Richelieu, His Minister and Secretary of State for Foreign Affairs, and President of the Council of His Ministers, 8cc. &c. 8cc. His Majesty the King of Prussia : the Sieur Charles Frederick Henry Count de Goltz, His Envoy Extraordinary, and Minister Plenipotentiary to His Most Christian Majesty, &c. &c. Scc, His Majesty the Emperor of all the Russias, King of Poland : the Sieur Charles Andre Pozzo di Borgo, Lieutenant General in His Armies, His Minister Plenipotentiary to His Most Christian Majesty, See. &c. &c. And the undersigned Plenipotentiaries being of opinion that the concurrence of His Excellency Field Marshal the Duke of Wellington, would eflfectually contribute to the success of this hegociation ; after having settled in concert Nvilh him, and by the consent of the Parties concerned, the bases of the arrangement to be concluded, have agreed, in virtue of their full Powers to the following Articles: I. For the purpose of effecting the total discharge of debts contracted by France, in countries which do not form a part of her present territory, with any individuals, corporations, or esta- blishments whatsoever, payment of which debts is claimed in virtue of the Treaties of the 30th of May, 1814, and of the 20th of November, 1815, the French Government engages to cause to be inscribed upon the great book of its public debt, with interest from the 22d of March, 1 8 1 8, a rente of 1 2,040,000 francs, representing, a capital of 240,800,000 francs. H. The sums to be reimbursed to the French Government in virtue of Article 21, of the Treaty of the 30th May, 1814, and of Articles 6, 7, and 22, of the aforesaid Convention of the 20th November, 1815, will serve to complete the means of z 2 140. FRANCE. dettes de la Fiance envers les sujets des Puissances qui etaient chargees du remboursement de ces sommes. En consequence, le Gouvernement Frangais reconnait n'avoir plus rien ii r6clamer, en raison du dit remboursement. De leur cote les dltes Puissances reconnaissent que les deduc- tions et bonifications auxquelles donnait lieu en leur faveur I'Article 7 de la Convention du 20 Novenibre, 1815, etant 6galement comprises dans revaluation de la somme fixee par I'Article 1 de la presente Convention, ou abandonn6es par les Puissances interessees, toutes reclamations et pretentions d cet egard se trouvent completement eteintes. II est bien entendu que le Gouvernement Fran^ais, conform6- ment aux stipulations contenues dans les Articles 6 et 22 de la meme Convention, continuera k servir la rente des dettes des pays detaches de son territoire qui ont 6te converties en inscrip- tions sur le grand livre de la dette publique, soit que ces inscrip- tions se trouvent entre les mains des possesseurs originaires, soit qu'elles aient ete transferees a d'autres personnes. Neanmoins la France cesse d'etre chargee des rentes viageres de la meme origine dont le payement doit etre ^ la charge des possesseurs actuels du territoire a partir du 22 Deccmbre, 1813. II est de plus convenu qu'il ne pourra etre mis aucun obstacle au libre transfert des inscriptions des rentes appartenans a des individus, communautes ou corporations qui ont cesse d'etre Frangais. HI. Les reprises que le Gouvernement Francais aurait pu etre autorise a exercer sur les cautionnemens de certains coniptables, dans les cas prevus par les Articles 10 et 24 de la Conven- tion du 20 Novembre, 1815, etant egalement entrees dans la trans- action qui fait I'objet de la presente Convention, elles se trouvent par la completement eteintes. Quant a ceux de ces cautionne- mens qui auroient ete fournis en immeubles ou inscriptions sur le grand livre, il sera procede ^ la radiation des inscriptions hypo- thecaires ou a la levee des oppositions sur la demande des susdits Gouvernemens, et les dites inscriptions, ainsi que les actes de main lev6e seront remis i leurs Commissaires respectifs ou k leurs d61egu6s. IV, Les sommes vers^es k titre de cautionnemens, depots ou con'- FRANCE. 341 discharging the said debts owing by France to the subjects of those Powers who w ere charged with the reimbursement of these sums. And, consequently, the French Government abandons every claim in respect to the said reimbursement. On their part, tlie said Powers acknowledge, that as the deduc- tions and compensations ( bonifications,) sUpuhted in their favour by Article 7 of the Convention of the £Olh November, IB 15, are either comprised in the amount of the sum fixed by Article 1 of the present Convention, or are abandoned by the Powers interested, all reclamations and claims on that account are now completely cancelled. It is understood that the French Government, conformably to the stipulations contained in the 6th and C2d Articles of the same Convention, shall continue to pay the interest of the debts of countries detached from its terri- tory, which have been converted into inscriptions in the Great book of the public debt, whether those inscriptions remain in the hands of their original possessors, or shall have been trans- ferred to other persons. Nevertheless, France shall no longer be charged with the life annuities originating from the same source, the payment of which shall be at the clTarge of the actual posses- sors of the territory, computing from the 22d of December, 181a. It is further agreed, that no objections shall be made to the free transfer of inscriptions of rentes belonging to those indivi- duals, communities, or corporations which have ceased to be French. III. As the deductions, which the French Government might have been authorized to make from the securities of persons deemed accountable, as provided for by the 10th and 24th Articles of the Convention of the 20th November, 1815, are equally in- cluded in the arrangement which forms the object of this Con- vention, they are hereby completely annulled. With respect to such of these securities as have been furnished in immoveables, or in inscriptions on the great book, the cancelling of the mort- gage inscriptions, or the withdrawing of the protests shall take place upon the demand of the aforesaid Governments ; and the said inscriptions, as well as the acts of replevy, shall be remitted to their respective Commissioners, or to their delegates. IV. The sums under the heads of securities, deposits, or con z 3 343 FRANCE. signatlons par des sujets Fravi^als, servlteurs des pays detach6s de la France, dans leurs Tresors respectifs, et qui devoient leur ^tre remboursees en vertu de I'Article £2 du Traite du 30 Mai, 18 14, etant comprises dans la presente transaction, les dites Puissances se trouvent completement liberees ^ leur egard, Ic Gouvernement Francais se chargeant de pourvoir a leur rem- boursement. V. Au moyen des stipulations contenues dans les Articles pre- cedens, la France se trouve completement liberee, tant pour le capital que pour les interets prescrits par I'Article 18 de la Convention du 20 Novembre, 1813, des dettes de toute nature prevues par le Traite du 30 Mai, 1814, et la Convention du 20 Novembre, 1815, et reclamees dans les formes prescrites par la susdite Convention, de sorte que les dites dettes seront consi- der6es k son egard comme eteintes et annullees, et ne pourront jamais donner lieu contr'elle a aucune espece de repetition. VI. En consequence des dispositions precedentes les Commis- sions mixtes instituees par I'Article 5 de la Convention du 20 Novembre, 1815, cesseront le travail de liquidation ordonne par la meme Convention. VII. La rente qui sera cre6e en vertu de I'Article 1 de la pre- sente Convention sera repartie entre les Puissances ci-apres nom- mees ainsi qu'il suit : Francs. Anhalt Bernbourg .......... 17,500 Anhalt Dessau 18,500 Autriche 1,250,000 Bade 32,500 Baviere 500,000 Breme 50,000 Dannemarc 350,000 Espagne - 850,000 Etuts liomains 250,000 Francfort 35,000 Hambourg 1,000,000 Hanovre 500,000 Hesse Electorale 25,000 Grand Duche de Hesse, y compris Oldenbourg . 348,150 FRANCE. 343 signnients, vested by French subjects in the service of countries detached from France, and placed in the respective funds of those countries, and which sums were to be repaid them in virtue of the '2'ld Article of the Treaty of the "0th of May, 1814, being comprised in the present transaction, the above named Powers are completely exonerated on that point, and the Government of France undertake to reimburse them. V. By virtue of the stipulations contained in the preceding Articles, France is completely liberated, as well in respect of the principal as the interest, prescribed by the 18th Article of the Con- vention of the liOth November, 1815, of the debts of every description, contemplated in the Treaty of the 30th of May, IB 1 4, and the Convention of the 20th November, 1815, and claimed in the manner prescribed by the aforesaid Convention ; so that the said debts shall be considered with respect to France, as extinguished and annulled, and can never be again brought for- M'ard against her in any shape whatever. VI. In consequence of the preceding arrangements, the mixed Commissions instituted by the 5th Article of the Convention of the 20th November, 1815, shall close the proceedings of liquidation ordered by that Convention. VII. The rente which shall be created in virtue of the 1st Article of the present Convention, shall be distributed amongst the herein- after-named Powers, as follows : Francs. Anhalt Bernbourg 17,500 Anhalt Dessau 18,500 Austria 1, ''250,000 Baden .32,500 Bavaria 500,000 Bremen 50,000 Denmark 550,000 Spain 850,000 The Roman States 250,000 Frankfort 35,000 Hamburgh 1,000,000 Hanover 500,000 Hesse (Electoral) 25,000 Grand Duchy of Hesse, comprising Oldenburgh 348,150 z4 344 FRANCE. Francs. lies loniennes, ile de Fiance, et autres pays sous la domination de Sa Majesty Britannique . . 150,000 Lubeck 100,000 Mecklenbourg Schvverin 25,000 Mecklenbourg Strelitz 1,750 Nassau 6,000 Parme 50,000 Pays-Bas 1,650,000 Portugal 40,900 Prusse 2,600,000 Reuss 3,250 Sardaigne ,, 1,250,000 Saxe . , 225,000 SaxeGotha 30,000 Saxe Meiningen 1,000 Saxe Weimar 9,250 Schwartzbourg 7,500 Suisse ... - - , 250,000 Toscane 225,000 Wirtembourg 20,000 Hanovre,Brunswick, Hesse Electorale, et Prusse 8,000 Hesse Electorale et Saxe Weimar 700 Grand Duche de Hesse et Baviere .... 10,000 Grand Duche de Hesse, Baviere et Prusse . • 40,000 Saxe et Prusse 110,000 Vni. La somme de 12,040,000 francs de rentes stipulees par r Article 1 portera jouissance du 22 Mars, 1818; elle sera de- pqsee en totalite entre les mains des Commissaires Speciaux des Cours d'Autriche, de la Grande Bretagne, de Prusse etde Russie, pour etre ensuite delivree a qui de droit aux epoques et dans les formes suivantes : 1. Le premier de chaque mois le douzieme de ce qui revien- dra d chaque Puissance conformement a la repartition ci-dessus, sera remis a ses Commissaires a Paris ou aux Delegues de ceux-ci ; lesquels Commissaires ou Delegues en disposeront de la mani^re indiquee ci-apres. FRANCE. 345 Francs. The Ionian Isles, the Isle of France, and other countries under the dominion of His Britan- nic Majesty 150,000 Lubeck 100,000 Mecklenburgh Schwerin 25,000 Mecklenburgh Strelitz 1,750 Nassau 6,000 Parma 50,000 The Netherlands 1,650,000 Portugal 40,900 Prussia 2,600,000 Reuss 3,250 Sardinia 1,250,000 Saxony 225,000 Saxe Gotha 30,000 Saxe Meiningen 1,000 Saxe Weimar 9,250 Schwartzburgh 7,500 Switzerland 250,000 Tuscany 225,000 Wirtemburgh 20,000 Hanover, Brunswick, Hesse Electoral, and Prussia 8,000 Hesse (Electoral) and Saxe Weimar .... 700 Grand Duchy of Hesse and Bavaria .... 10,000 Grand Duchy of Hesse, Bavaria, and Prussia . 40,000 Saxony and Prussia 1 10,000 VIII. The sum of 12,040,000 francs in reA^/g*, stipulated for in the 1st Article, shall bear interest from the 22d March, 1818, the whole of it shall be deposited in the hands of the Special Com- missioners of the Courts of Austria, Great Britain, Prussia, and Russia, to be afterwards delivered to those entitled thereto, at the periods and in the manner following : 1 . On the first of each month, the twelfth part of such sum as may become due to each Power, conformably with the fore- going distribution, shall be transferred to their Commissioners at Paris, or their Delegates ; which Commissioners or Delegates shall dispose thereof, in the manner hereafter directed. 346 FRANCE. 2. Les Gouvernemens respectifs ou les Comniissaires de Li- quidation qu'ils ctabliront, feront remettre k la fin de chaque mois, aux individus dont les creances auront ete liquidees et qui desire- roient rester proprietaires des quotites de rentes qui leur seront allouees, des inscriptions du montant de la somme qui reviendra ^ chacun d'eux. 3. Pour toutes les autres creances liquidees, ainsi que pour toutes les sommes qui ne seraient pas assez fortes pour pouvoir en former une inscription separee, les Gouvernemens respectifs se chargent de les faire reunir en une seule inscription collective, dont ils ordonneront la vente en faveur des parties interessees par I'entremise de leurs Commissaires ou Agens ^ Paris. Le depot de la susdite rente de 12,040,000 francs, aura lieu le premier du mois qui suivra le jour de I'echange des ratifications de la presente Convention, par les Cours d'Autriche, de la Grande Bretagne et de Prusse seulement, attendu I'eloignement de la Cour de Russie. IX. La delivrance des dites inscriptions aura lieu nonobstant toute signification de transfert ou opposition au tresor royal de France. Neanmoins, les oppositions et significations qui auraient ete form6es soit au Tresor soit entre les mains des Commissaires Liquidateurs, auront, suivant I'ordre de leur inscription, leur plein et entier eft'et, au profit des tiers interesses, pourvu (a I'egard de celles qui ont ete inscrites au Tresor) que dans le d61ai d'un mois a dater du jour de I'echange des ratifications de la pr6sente Con- vention, la liste en ait ete remise aux Commissaires des Puissances respectives, avecles pieces ^I'appui, sans, neanmoins, prejudicier ^ la faculte, que doivent conserver les parties interessees, d'en justifier directement, en produisant leurs titres, Le terme de rigueur fixe ci-dessus 6tant expir6, on n'aura plus egard aux op- positions et significations qui n'auraient pas ete notifiees aux Commissaires, soit par le Tresor, soit par les parties interessees. II sera toutefois permis de former opposition ou de faire tout autre acte conservatoire entre les mains des dits Commissaires ou des Gouvernemens dont ils dependent. TRANCE. 347 2. The respective Governments or the Commissioners of Li- quidation to be appointed by them, shall, at the end of every month, cause to be transferred to the individuals whose debts shall iiave been liquidated, and who may wish to remain proprietors of the shares of nuilcs which shall be allotted them, inscriptions to the amount of the sums that may be due to them respectively. 3. All other liquidated claims, as well as the sums which may not be of an amount sutlicient to form a separate inscription, shall be united in one collective inscription by the respective Govern- ments, who shall direct their Commissioners or Agents, in Paris, to sell them for the benefit of the parties interested. The deposit of the aforesaid rente of 12,040,000 francs, shall be made on the first day of the month succeeding the date of the exchange of the ratifications of the present Convention, by the Courts of Austria, Great Britain, and Prussia, only, on account of the remote situation of the Court of Russia. IX. The delivery of the said inscriptions shall take place not- withstanding any notice of transfer or protest to the royal treasury of France. Nevertheless the protests and notices which shall have been made to the Treasury or delivered to the Commissioners of Liqui- dation, shall have, according to the order of their inscription, their full and entire eflfect, for the benefit of the third party concerned, provided (with regard to those which have been inscribed at the Treasury), that within the period of one month from the day of the exchange of the ratifications of the present Convention, a list thereof shall be transmitted to the Commissioners of the respective Powers, with its supporting documents ; without, however, any prejudice to the power which the parties interested retain, to make good the same in a direct manner by the production of their do- cuments. The precise term above-mentioned having expired, no regard shall be paid to the protests or notices which shall not have been previously delivered in to the Commissioners, whether from the Treasury or other persons concerned. Protests or appeals shall however be admitted, when made to 348 FRANCE. Les oppositions dont la notification aura ete faite en terns utile, seront, pour les demandes en validite ou en main levee, portees devant le Tribunal de la partie saisie. X. Les Gouvernemens respectifs voulant prendre dans I'interet de leurs sujets, creanciers de la France, les mesures les plus etR- caces pour faire operer, chacun en particulier, la liquidation des creances et la repartition des fonds auxquels les dits creanciers auront proportionnellement droit, d'apres les principes conteuus dans les stipulations du Traite du 30 Mai, 1814, et de la Conven- tion du 20 Novembre, 1815, il est convenu qu'a cet eft'et, le Gouvernement Francais fera remettre aux Comniissaires des dits Gouvernemens ou a leurs delegues, les dossiers contenant les pieces a I'appui des reclamations non encore payees, et donnera, en meme terns, les ordres les plus precis pour que tons les ren- seignemens et documens que la verification de ces reclamations pourra rendre n6cessaires, soient fournis, dans le plus court delai possible, aux susdits Comniissaires par les differens Ministeres et Administrations. 11 est de plus convenu, que dans le cas ou il aurait ete pay6 des a comptes, ou si le Gouvernement Frangais avait eu des imputations ou des reprises a faire sur quelques unes des dites reclamations particulieres, ces a comptes, imputations et reprises seront exactement indiques. XI. La liquidation des reclamations pour services militaires exigeant quelques formalitcs particulieres, il est convenu ^ cet egard : 1. Que pour le payement des militaires qui out appartenu a des corps dont les conseiis d'administration ont fourni des bordereaux de liquidation, il suffira de produire les dits bordereaux ou d'en rapporter des extraits dument certifies. 2. Que dans le cas ou les conseiis d'administration des corps n'auroient pas fourni des bordereaux de liquidation, les depo- sitaires des archives des dits corps devront constater les sommes ddes aux militaires qui en auront fait partie, et en dresser un bor- dereau dont ils attesteront la verite. 3. Que les creances des officiers d'Etat Major, ou officiers sans troupes, ainsi que celles des employes de 1' Administration !Militaire FRANC L. 54P tlie said Commissioners or to tlie Governments to which they belong. The protests, of which notice shall have been given within the proper time, either in respect to claims established or judgments obtained, shall be carried before the tribunal of the party attached. X. The respective Governments being desirous to adopt the most effectual means of liquidating the debts due from France to the subjects of each, and of distributing the funds to which the said creditors are in due proportion entitled, according to the principles contained in the stipulations of the Treaty of the 30lh May, 1814, and of the Convention of the £Oth November, 1815; it is agreed that, to this end, the F"rench Government shall cause to be transmitted to the Commissioners of the said Governments, or their delegates, the files containing the documents in support of the claims not yet discharged, and at the same time shall give the most precise orders, that all the information and papers that can be necessary for the verification of those claims, shall be fur- nished with the least possible delay to the said Commissioners, by the different offices and departments. It is further agreed, that in cases where payments shall have been made on account, or the French Government shall have had charges or deductions to make upon any of these individual claims, such payments, charges, and deductions shall be exactly specified. XI. The liquidation of the claims for military services re- quiring certain particular forms, it is agreed with regard thereto : 1st — That for the payment of the military who have belonged to Corps, the Boards of Administration of which have furnished schedules of liquidation, it shall be sufficient that the said schedules be produced, or extracts therefrom, duly certified. 2d — That where the Boards of Administration of Corps shall not have furnished schedules of liquidation, the depositaries of the archives, of the said Corps shall ascertain the sums due to the military belonging thereto, and deliver in a schedule thereof, to the correctness of which they shall certify. 3d — That debts due to Officers of the Staff, or to Officers un- attached, as well as to the persons employed by the Military Ad- 3oX) FRANCE. seront verifiees dans les Bureaux de la guerre, conforinement aux regies etablies pour les militaires et employes Frangais, par la circulaire du 13 Decembre, 1814, et en joignant aux bordereaux les pieces 'X I'appui, ou quand cela ne sera pas praticable, en en donnant communication aux Commissaires ou a leurs delegues. XII. Pour faciliter la liquidation qui doit avoir lieu, conforme- nient a. 1' Article 10 ci-dessus, des Commissaires nommes par le Gouvernement Frangais serviront d'intermediaire pour les com- munications avec les divers Ministeres et Administrations. Ce sera de meme par eux que se fera la remise des dossiers de pieces justificatives. Cette remise sera exactement constatee et il leur en sera donne acte, soit par emargement, soit par proces verbal. XIII. Attendu que certains territoires ont ete divises entre plu- sieurs etats et que dans ce cas, c'est en general I'Etat auquel ap- partient la plus grande partie du territoire qui s'est charge de faire valoir les reclamations communes fondees sur les Articles 6, 7, et 9 de la Convention du '20 Novembre, 1815, il est convenu que le Gouvernement, qui aura fait la reclamation, traitera, pour le paye- ment des creances, les sujets de tons les Etats interesses comme les siens propres. D'une autre part, comme malgre cette division des territoires, le possesseur principal a supporte la deduction de la totalite des capitaux et interets rembourses, il lui en sera tenu compte par les Etats copartageans, proportionnellement a la part du dit territoire que chacun poss^de conformement aux principes poses dans les Articles 6 et 7 de la Convention du 20 Novembre, 1815. S'il survient quelques difficultes relatlvement a I'execution du present Article, elles seront reglees par une Commission d' Arbi- trage formee suivant le mode et les principes indiques par I'Ar- ticle 8 de la susdite Convention. XIV. La presente Convention sera ratiliee par les hautes Par- ties Contractantes et les ratifications en seront echangees a Paris dans I'espace de deux mois, ou plutot si faire se peut. XV. Les Etats qui ne sont pas au nombre des Puissances signataires, mais dont les interets se trouvent regies par la presente Convention, d'apres le concert preliminaire qui a en lieu entre leurs Plenipotentiaires et Son Excellence Monsieur Le Due de IKANCE. .-551 uunisUatloii, shall be verified at Uie War-Officos, conformably to the regulations established for the French military, and em'pioyta, by the circular of the 1 3th December, 1814, the documents in support of the scliedules being annexed thereto, or when that shall not be practicable, conniiunication being made of the same to the Commissioners or their delegates. XII. 'i'o facilitate the liquidation that is to take place according to the KJlh Article above cited, the Commissioners named by the French Government shall form the medium of communication with the different Offices and Administrations. Through their means also the files of justificatory documents shall be transmitted. These transfers shall be correctly verified, and registry thereof taken for them, either on the margin, or by ?i procts verbal. XIII. Whereas certain territories have been divided between several States, and whereas in such cases, that State to which the greatest part of the territory belongs, has in general engaged to bring forward the common claims, founded upon the 6th, 7th, and 9th Articles of the Convention of the 20th November, 1815; it is agreed that the Government which shall have put forward the claims, shall, in paying the creditors, treat the subjects of all the States interested as his own. On the other hand, since, notwith- standing this division of territories, the principal possessor has borne the deduction of the whole capital and interest reimbursed, the other co-states shall account to him for the same, in propor- tion to the part of the said territory possessed by each one, con- formably to the principles laid down in the 6th and 7th Articles of the Convention of the 20th November, 1815. If any difficul- ties should arise relative, to the execution of the present Article, they shall be settled by a Commission of Arbitration, formed ac- cording to the mode and principles indicated by the 8th Article of the above-mentioned Convention. XIV. The present Convention shall be ratified by the high Contracting Powers, and the ratifications be exchanged at Paris, w ithin the space of two months, or sooner if practicable. XV. Tlie States not actually Contracting Parties to the present Convention, but whose interests are affected thereby, in confor- mity to the preliminary Agreement which took place between their Plenipotentiaries, and His Excellency the Duke of Wellington, in 352 FRANCE. AV'ellington reiuii aux Soussignes Plenlpotentiaires des Coins siguataires du Traitfe du 20 Novembie, 18 lo, sont invites d faire remettre dans le meme terme de deux mois leurs Actes d'accession. Fait a Paris, le 25 Avril, 1818. Signe Charles Stuart, (L.S.) Le Baron de Vincent, (L.S.) Richelieu, (L.S.) F. Comte de Goltz, (L.S.) POZZO DI BORGO, (L.S.) FRANCE. .353 concert with the undersigned Plenipotentiaries of the Courts, who were Contracting Parties to the Treaty of the 20th November, 1815, are invited to transmit their Acts of accession within the said space of two months. Done at Paris, the 25th April, 1818. Signed Chas. Stuart, (L.S.) Le Baron de Vincent, (L.S.) Richelieu, (L.S.) F. Comte de Goltz, (L.S.) Pozzo DI BORGO, (L.S.) VOL. 1. A A ( 354 ) MADAGASCAR TREATY hetneen Great Britain and Madagascar. Sig7ied at TamatavCf Q-Sd October, 1817. Robert Townsend Farquhar, Esq. Governor and Commander in Chief, Captain General, Vice-Admiral of the Island of Mauri- tius and its dependencies : By His Commissioners, Captain Stanfell of the Royal Navy, commanding His Majesty's ship Phaeton, and T. R. Pye, Esq. Assistant-Agent for His Excellency's Government at Mada- gascar, who are vested with full Powers, and Radama King of Madagascar and its Dependencies, by His Commissioners Ratza- lika, Rampoole Ramanou and Raciahato — representing the said Radama, and with full Powers from His Majesty — Have agreed upon the following Articles and Conditions : I. It is agreed by the Parties to these presents, respectively, that the mutual confidence, friendship, and brotherhood, which are hereby acknowledged to subsist between the Contracting Parties shall be maintained and perpetuated for ever. II. It is agreed, and the two Contracting Parties hereby covenant and agree that, from the date of this Treaty, there shall be an entire cessation and extinction through all the Dominions of King Radama, and wherever his influence can extend, of the sale or transfer of slaves, or other persons whatever; to be removed from ofi" the soil of Madagascar into any country, island, or dominion of any other Prince, Potentate, or Power whatever; and that Radama, King of Madagascar will make a proclamation and a law prohibiting all his subjects, or persons depending on him or his dominions, to sell any slave to be transported from Madagascar, or to aid or abet, or assist, in MADAGASCAR. S55 any such sale, under penalty tliat any person so offending shall be reduced to slavery iiiniself. III. And hi consideration of this concession on the part of Radama, the King of Madagascar and His nation, and in full satisfaction for the same, and for the loss of revenue thereby incurred by Radama, King of Madagascar, the Commissioners on the part of His Excellency the Governor of Mauritius, do engage to pay Radama, yearly, the following articles : One thousand dollars in gold. One thousand dollars in silver. One hundred barrels of Powder of 100 lbs. each. One hundred English muskets, complete, with accoutrements. Ten thousand flints. Four hundred red jackets. Four hundred shirts. Four hundred pair of trowsers. Four hundred pair of shoes. Four hundred soldiers' caps. Four hundred stocks. Twelve Serjeants' swords, regulation, with belts. Four hundred pieces of white cloth, i j ,. Two hundred pieces of blue cloth. j A full-dress coat, hat, and boots, all complete, for King Ra- dama ; — and Two horses, upon a certificate being received, that the said laws and regula- tions and proclamations have been enforced the preceding quar- ter ; which certificate shall be signed by Radama, and counter- signed by the agent of His Excellency Governor Farquhar, resident at the Court of Radama. IV. And further, it is agreed by the Contracting Parties mutually to protect the faithful friend and ally of England, the King of Johanna, from the predatory attacks to which he has been for many years annually exposed from some of the smaller States of the sea-coast of Madagascar; and to use every means in their power, by their subjects, allies, and dependents, to put a final end to this system of piracy; and for this purpose, pro- A A 2 356 MADAGASCAR. clamatlons shall be made by Radama and the Governor of Mauritius, prohibiting all persons whatever from engaging in this piracy ; and these proclamations shall be particularly distributed in the ports and on the sea-coast of Madagascar. ADDITIONAL ARTICLE. The Contracting Parties agree in considering this Treaty as provisional, until ratified and confirmed by His Majesty's Mi- nisters on the part of the King of Great Britain, — which Ratifi- cation will be forwarded, without loss of time, to the King of Madagascar (Radama) by His Ambassador to that Court. This formality, however, is not to prevent the stipulations of the Treaty from being carried into full and complete effect from the date hereof. Done at Tamatave, Island of Madagascar, October 23, 1817. Signed Francis Stanfell, Ratzalika for Radama. Captain H. M. S. Phaeton, Rampoole Ramanou. Senior Naval Officer and Raciahato. Commissioner. Ramalaza, as Witness. Thos. R. Pye, Agent of the British Go- vernment and Commis- sioner. ( 357 ) NETHERLANDS A A 3 ( 358 ) PAYS-BAS CONVENTION entre la Grande Bretagne et les Fuys-Bas. Signte a Londres, le \3 Aout, IB 14. Au Noni de la Tres-Sainte et Indivisible Trinit^. Les Provinces Unies des Pays-Bas ayant ete rendues, par la faveur de la Providence Divine, d leur independance, et ayant ete placees par la loyaute de la Nation HoUandaise et les amies des Puissances Alli6es sous le Gouvernement de I'lllustre Maison d'Orange: et Sa Majeste Britannique desirant faire avec le Prince Souverain des Provinces Unies des Pays-Bas, relative- ment aux Colonies des dites Provinces Unies conquises durant la derniere guerre par les armes de Sa Majeste, des arrangeniens propres u avancer la prosperite du dit Etat, et en m^me terns a fournir uue preuve durable de I'amitie et de I'attachement de Sa Majeste pour la Maison d'Orange et pour la nation Hollandoise : les hautes Parties Contractantes sus-mentionnees, egalement animees de ces sentimens reciproques de bienveillance cordiale et de I'attachement niutuel I'une envers I'autre, ont nomme leurs Plenipotentiaires : savoir, Sa Majeste le Roi du Royaume Uni de la Grande Bretagne et d'Irlande, le tres-honorable Ro- bert Stewart Vicomte Castlereagb, Conseiller de Sa dite Majeste en Son Conseil Prive, Membre de Son Parlement, Colonel du Regiment de Milice de Londonderry, Chevalier du tres-Noble Ordre de la Jarretiere, et Son Principal Secretaire d'Etat ayant le Departement des Affaires Etrang^res, &c. &c. et Son Altesse Royale le Prince d'Orange, Prince Souverain des Provinces Unies des Pays-Bas, le Sieur Henri Fagel, Son Ani- bassadeur Extraordinaire et Plenipotentiaire a la Cour de Sa ( 35y ) NETHERLANDS. CONVENTION hetzceeu Great Britain and the Netherlands. Signed at London, August 13, 1814. In (lie Name of the Most Iloljr and Undivided Trinity. The United Provinces of tlie Netherlands, under the favour of Divine Providence, having been restored to their independence, and having been placed by the loyalty of the Dutch people and the achievements of the Allied Powers, under the Government of the Illustrious House of Orange : and His Britannic Ma- jesty being desirous of entering into such arrangements with the Prince Sovereign of the United Netherlands, concerning the Colonies of the said United Netherlands, which have been con- quered by His Majesty's arms during the late war, as may con- duce to the prosperity of the said State, and may afford a lasting testimony of His Majesty's friendship and attachment to the family of Orange, and to the Dutch nation : the said high Con- tracting Parties, equally animated by those sentiments of cordial good will and attachment to each other, have nominated Their Plenipotentiaries : namely, His Majesty the King of the United Kingdom of Great Britain and Ireland, the Right Honourable Robert Stewart, V^iscount Castlcreagh, one of His said Ma- jesty's Most Honourable Privy Council, a Member of Parlia- ment, Colonel of the Londonderry Regiment of Militia, Knight of the Most Noble Order of the Garter, and His Principal Secretary of Stale for Foreign Affairs, &c. &c. ; and His Royal Highness the Prince of Orange-Nassau, Prince Sovereign of the United Netherlands, His Excellency Henry Fagel, His Ambassa- dor Extraordinary and Plenipotentiary at the Court of His Britan- nic Majesty : — who, after having exchanged their full J'owers, A A 4 360 PAYS-BAS. Majeste Brltannique : lesquels apr^s avoir echange leurs Pleins- pouvoirs, trouves en bonne et due forme, sont convenus des Arti- cles suivans : I. Sa Majeste Britannique s'engage k restituer au Prince Souve- rain des Provinces Unies des Pays-Bas, dans le delai qui sera fixe ci-apres, les Colonies, Comptoirs et Etablissemens dont la Hollande etait en possession au commencement de la deruiere guerre, c'est-a-dire, au I er Janvier, 1803, dans les Mers et sur les Continens de I'Amerique, de I'Afrique et de I'Asie, k I'exceptiou du Cap de Bonne Esperance, et des Etablissemens de Demerary, Essequibo et Berbice, desquelles possessions les hautes Parties Contractantes se reservent le droit de disposer par une Conven- tion supplementaire, qui sera negociee ci-apres conformement aux interets mutuels des deux Parties, et en particulier sous le rapport des stipulations contenues dans les Articles 6 et 9 du Traite de Paix, conclu entre Sa Majeste Britannique et Sa Ma- jeste Tres Chretien, le 30 Mai, 1814. II. Sa Majeste Britannique consent d ceder en toute Souve- rainete I'lle de Banca, situee dans les Mers Orientales, au Prince Souverain des Pays Bas, en echange de I'etablissement de Cochin et de ses dependances sur la cote de Malabar, lequel restera en toute souverainete a Sa Majeste Britannique. III. Les places et forts dans les Colonies et Etablissemens, lesquels doivent etre cedes et echanges par les deux hautes Parties Contractantes, en vertu des deux Articles precedens, seront remis dans I'etat on ils se trouveront au moment de la signature de la presente Convention. IV. Sa Majeste Britannique S'engage a faire jouir les sujets de Son Altesse Royalc le Prince Souverain des Provinces Unies, relativement au commerce, et a la s^rete de leurs personnes et pro- prietes dans les limites de la Souverainete Britannique sur le Con- tinent des Indes, des memes facilites, privileges et protection qui sont a present ou seront accordes aux nations les plus favoris6es. De son cote Son Altesse Royale le Prince Souverain n'ayantrien plus a coeur que la perpetuite de la paix entre la Couronne d'Angle- terre et les Provinces Unies des Pays-Bas, et voulant contribuer autant qu'il est en Elle a ecarter des-a-present des rapports des deux peuples ce qui pourrait un jour alterer la bonne intelligence NETHERLANDS. 361 found in good mid due form, have agreed to the following Ar- ticles : I. His Britannic Majesty engages to restore to the Prince Sovereign of the United Netherlands, within the term which shall be hereafter fixed, the Colonies, Factories, and Establishments which were possessed by Holland at the commencement of the late war, viz. on the 1st of January, 1803, in the Seas and on the Continents of America, Africa, and Asia; with the exception of the Cape of Good Hope and the Settlements of Demerara, Es- sequibo, and Berbice, of which possessions the high Contracting Parties reserve to Themselves the right to dispose by a Supple- mentary Convention, hereafter to be negociated according to Their mutual interests, and especially with reference to the pro- visions contained in the 6th and 9th Articles of the Treaty of Peace signed between His Britannic Majesty and His Most Christian Majesty on the 30th of May, 1814. H. His Britannic Majesty agrees to cede in full Sovereignty the Island of Banca, in the Eastern Seas, to the Prince Sove- reign of the Netherlands, in exchange for the Settlement of Cochin and its dependencies on the coast of Malabar, which is to remain in full Sovereignty to His Britannic Majesty. HI. The places and forts in the Colonies and Settlements, which, by virtue of the two preceding Articles, are to be ceded and exchanged by the two high Contracting Parties, shall be given up in the state in which they may be at the moment of the signature of the present Convention, IV. His Britannic Majesty guarantees to the subjects of His Royal Highness the Prince Sovereign of the United Netherlands, the same facilities, privileges, and protection, with respect to commerce and the security of their persons 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 Royal Highness the Prince Sovereign, on His part, having nothing more at heart than the perpetual duration of peace be- tween the Crown of England and the United Netherlands, and wishing to do His utmost to avoid any thing which might affect Their mutual good understanding, engages not to erect any for- 363 PAYS-BAS. mutuelle, s'engage a ne faire aiicini ouvrage de fortification dans les Etablissemens qui lui doivent etre restitues et qui sont situes dans les liniites de la Souverainete Britannique sur le Continent des Indes, ct A ne niettre dans ces Etablissemens que le nonibre de troupes necessaire pour le maintien de la police. V. Les colonies, coniptoirs et etablissemens qui doivent etre cedes 'k Son Altesse Royale le Prince Souverain des Provinces Unies des Pays-Bas, par Sa Majeste Britannique, dans les Mers et sur le Continent de I'Amerique, seront remis dans les trois mois, et ceux que sont au-dela du Cap de Bonne Esperance dans les six mois qui suivront la ratification de la presente Convention. VI. Les hautes Parties Contractantes, voulant mettre et faire mettre dans un entier oubli les divisions qui ont agite I'Europe, declarent et promettent que, dans les Pays restitues et c6des par le present Traite, aucun individu, de quelque classe et condition qu'il soit, ne pourra etre poursuivi, inquiete, et trouble, sous aucun pr^texte, ou a cause de sa conduite ou opinion politique, ou de son attachement soit a aucune des Parties Contractantes, soit a des Gouvernemens qui ont cesse d'exister, ou pour toute autre raison, si ce n'est pour des dettes contractees envers des individus, ou pour des actes posterieurs au present Traite. VIL Dans tous les pays qui doivent ou devront changer de maitres, tant en vertu de la presente Convention que des arrange- mens qui pourront etre faits en consequence, il sera accorde, aux habitans naturels et etrangers, de quelque nation et condition qu'ils soient, un espace de six ans d compter de I'echange des ratifications, pour disposer, s'ils le jugent convenable, de leurs proprietes acquises, soit avant, soit depuis la derniere guerre, et de se retirer dans tel pays qu'il leur plaira de choisir. VIIL Le Prince Souverain des Provinces Unies des Pays-Bas, anime d'un vif desir de co-operer dela niani^re la plus cfficace avec Sa Majeste le Roi du Royaunie Uni la Grande Bretagne et d'Irlande, a I'eft'et de parvenir k I'entiere abolition de la Traite des Esclaves sur la cote de I'Afrique, et ayant de Son propre mouvement public un Decret en date du 15 Juin, 1814, portant qu'aucun batiment ou navire quelconque destine au commerce des esclaves ne sera equippc ou ne sortira d'aucun des ports ou NETHERLANDS. 36'J tifications in the Establishments which arc to be restored to Ilim within the limits of the British Sovereignty npon the Continent of India, and only to place in those establishments the number of troops necessary for the maintenance of the police. V. Those colonies, factories, and establishments, which are to be ceded to His Royal Highness the Prince Sovereign of the United Netherlands by His Britannic Majesty, in the Seas or on the Continent of America, shall be given up within three months, and those which are beyond the Cape of Good Hope within the six months which follow the ratification of the present Con- vention. V[. The high Contracting Parties, desirous to bury in entire oblivion the dissentions 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 con- duct 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 contracted towards individuals, or acts posterior to the date of the present Treaty. Vn. The native inhabitants and aliens, of whatever nation or condition they may be, in those countries which are to change Sovereigns, as well in virtue of the present Convention as of the subsequent arrangements to which it may give rise, shall be allowed a period of six years, reckoning from the exchange of the ratifica- tions, for the purpose of disposing of their property, if they think fit, whether it be acquired before or during the late war, and re- tiring to whatever country they may choose. VHI. The Prince Sovereign of the United Netherlands, anxious to co-operate, in the most effectual manner, with His Majesty the King of the United Kingdom of Great Britain and Ireland, so as to bring about the total abolition of the trade in slaves on the coast of Africa, and having spontaneously issued a Decree dated the 15th of June, 1814, wherein it is enjoined, that no ships or ves- sels whatsoever, destined for the trade in slaves, be cleared out or equipped in any of the harbours or places of His Dominions, nor 364 PAYS-BAS. places de Ses Etats, ou ne sera admis dans les forts ou posses- sions sur la cote de Guinee, et qu'aucun habitant de ces contrees ne sera vendu ou exporte conime esclave, — S'engage de plus par le present Traite "A defendre a tons Ses sujets, de la mani^re la plus efficace et par les lois les plus formelles, de prendre aucune part quelconque a ce trafic inhumain. IX. La presente Convention sera ratifiee, et les ratifications en seront duement echangees ^ Londres dans le d61ai de trois semaines, ou plutot si faire se pent. En foi de quoi, nous Soussignes, Plenipotentiaires, en vertu de nos Plein-pouvoirs respectifs, avons signe la presente Convention, et y avons appose le sceau de nos armes. Fait a Londres, le 13 Aofit, 1814. Signe Castlereagh, (L.S.) H. Fagel, (L.S.) ARTICLES ADDITIONNELS. I. Afin de pourvoir d'autant mieux a la defense et a la reunion des Provinces Belgiques avec la HoUande, conime aussi afin d'assurer a Sa Majeste Suedoise, en conformite de I'Article Neu- vieme du Traite de Paris, une compensation convenable pour les Droits cedes par Elles, en vertu du dit Article, laquelle compen- sation il est entendu que la Hollande sera tenue, apr^s la dite reunion, de fournir conformement aux dites stipulations, les hautes Parties Contractantes sont convenues par le present Ar- ticle, que Sa Majeste Britannique prendra sur Elle et s'engagera a defrayer les depenses suivantes : 1. Le paiement de 1,000,000 de livres sterling a la Suede, pour satisfaire aux demandes susdites, et en consequence d'une Convention conclue et signee a cet eft'et, ce jourd'hui, avec le Plenipotentiaire de Sa Majeste Suedoise, (et de laquelle Conven- tion, une copie est annex ee aux presens Articles Additionnels.) NETHERLANDS. 3(55 admitted to the forts or possessions on the coast of Guinea, and that no inhabitants of that country shall be sold or exported as slaves, — does moreover hereby engage to prohibit all His subjects, in the most effectual manner and by the most solemn laws, from taking any share whatsoever in such inhuman traffic. IX. The present Convention shall be ratified, and the ratifica- tions shall be duly exchanged at London within three weeks froni the date hereof, or sooner if possible. In witness whereof, we the undersigned Plenipotentiaries, in virtue of our respective full Powers, have signed the present Con- vention, and have affixed thereto the seals of our arms. Done at London, this Ijth day of August, 1814. Signed Castlereagh, (L.S.) H. Fagel, (L.S.) ADDITIONAL ARTICLES. I. In order the better to provide for the defence and incorpora- tion of the Belgic Provinces with Holland, and also to provide, in conformity to Article IX of the Treaty of Paris, a suitable compensation for the rights ceded by His Swedish Majesty under the said Article, which compensation, it is understood^ in the event of the above reunion, Holland should be liable to furnish, in pursuance of the above stipulations ; it is hereby agreed between the high Contracting Parties, that His Britannic Ma- jesty shall take upon Himself, and engage to defray the following charges : 1st. The payment of i, 000,000 sterling to Sweden, in satisfac- tion of the claims aforesaid, and in pursuance of a Convention this day executed with His Swedish Majesty's Plenipotentiary to that eft'ect, (a copy of which Convention is annexed to these Additional Articles.) 300 PAYS-BAS. 2. Une somme de 2,000,000 de livres sterling, destinee d etre employee de concert avec le Prince Souverain des Provinces Unies des Pays-Bas, et en sus d'une somme egale k fournir parce Prince a augmenter et d fortifier la ligne de defense des Pays-Bas. 3. A supporter conjointement et en portion egale avec la HoUande, tels frais ulterieurs qui pourront etre regies et arretes d'un commun accord entre les dites hautes Parties Contractantes et leurs Allies, dans le but de consolider et d'etablir finalement d'une mani^re satisfaisante I'Union des Pays-Bas avec la Hol- lande, sous la domination de la Maison d'Orange, la dite somme X fournir par la Grande Bretagne comme Sa quote part, ne devant pas exceder 5,000,000 de livres sterling. En consideration des engagemens ci-dessus mentionnes pris par Sa Majeste Britannique, le Prince Souverain des Pays-Bas consent k ceder en toute Souverainete k Sa Majeste Britannique, le Cap de Bonne Esperance, et les 6tablissemens de Demerary, Essequibo et Berbice, d condition neanmoins que les sujets de Sa dite Altesse Royale le Prince Souverain, etant proprietaires dans les dites Colonies ou Etablissemens, auront la faculte (sauf tels reglemens dont on conviendra ci-apr^s par une Convention Supplementaire) de naviguer et de trafiquer entre les dits Eta- blissemens et les Territoires du dit Prince Souverain en Eu- rope. Jjes hautes Parties Contractantes sont aussi convenues, que les navires de toute espece appartenant a la HoUande, seront admis librement au Cap de Bonne Esperance pour s'y procurer des refraichissemens et les reparations dont ils pourraient avoir besoin, sans avoir pour cela d'autres droits d payer que ceux exiges de sujets Anglais. II. Le petit district de Bernagore, situe pres de la ville de Cal- cutta, 6tant necessaire pour assurer la tranquillite et la police de cette ville, le Prince d'Orange consent a ceder le dit district X Sa Majeste Britannique, contre le paiement annuel a Son Altesse Royale, de telle somme qui, au jugement de Commissaires a nommer de part et d'autre, sera trouvee juste et raisonnable en egard aux profits ou revenu ordinairement pergu par le Gou- vernement HoUandais dans le district en question. NETHERLANDS. 367 2dly. The advance of '2,000,000 sterling, to be applied, in con- cert with the Prince Sovereign of the Netherlands, and in aid of an eqnal sum to be furnished by Him towards augmenting and im- proving the defences of the Low Countries. 3dly. To bear, equally with Holland, such further charges as may be agreed upon between the said high Contracting Parties and their Allies, towards the final and satisfactory settlement of the Low Countries in union with Holland, and under the dominion of the House of Orange, not exceeding, in the whole, the sum of 3,000,000 sterling, to be defrayed by Great Britain. In consideration, and in satisfaction of the above engagements, as taken by His Britannic Majesty, the Prince Sovereign of the Netherlands agrees to cede in full Sovereignty to His Britannic Majesty, the Cape of Good Hope, and the Settlements of De- merara, Essequibo and Berbice, upon the condition nevertheless, that the subjects of the said Sovereign Prince, being proprietors in the said Colonies or Settlements, shall be at liberty (under such regulations as may hereafter be agreed upon in a Supplementary Convention) to carry on trade between the said Settlements and the Territories in Europe of the said Sovereign Prince. It is also agreed between the two high Contracting Parties, that the ships of every kind belonging to Holland, shall have per- mission to resort freely to the Cape of Good Hope for the pur- poses of refreshment and repairs, without being liable to other charges than such as British subjects are required to pay. II. The small district of Bernagore, situated close to Calcutta, being requisite to the due preservation of the peace and police of that city, the Prince of Orange agrees to cede the said district to His Britannic Majesty, upon a payment of such sum annually to His Royal Highness as may be considered, by Commissioners to be appointed by the respective Governments, to be just and reasonable, with reference to the profits or revenue usually derived by the Dutch Government from the same. 36S PAYS-BAS. III. Les piesens Articles Additionnels auront la menie force et valeur que s'ils etaient inseres mot d mot dans la Convention sign6e aujourd'hui. lis seront ratifies, et les Ratifications en seront echangees en meme tems et lieu. En foi de quoi, nous Soussignes Plenipotentiaires les avons signes et y avons appose le Sceau de nos Armes. Fait h Londres, le 13 AoCit, 1814. Sign6 Castlereagh, (L.S.) H. Fagel, (L..S) CONVENTIE tusschen Groot Britannitn en de Nederlanilen. Geteekend te London, den VI den Anaustns, 1815. In den Naara der Allerheiligste en Onverdeelbare Drieeenigheid. Zyne Majesteit de Koning van het Vereenigd Koningryk van Groot Britanni'en en lerland, en zyne Majesteit de Koning der Nederlanden, beide even zeer verlangende om de eens-gezind- lieid en goede verstandhouding, die zoo gelukkig tusschen de beide Landen bestaat, te bevorderen en te bevestigen door het in dadelyke werking brengen van dat gedeelte der bepalingen van het eerste der Additioneele Artikelen van de Conventie van den 13den Augustus, 1814, het welk mede brengt, dat de Onder- danen van Zyne Majesteit den Koning der Nederlanden, zynde Grond-Eigenaren in de Kolonien van Demerary, Essequebo en Berbice, de vryheid zullen hebben om tusschen de voorsz. Eta- blissementen en het Grondgebied van Hoogstgezegde Zyne Ma- jesteit in Europa (onder zekere bepalingen) te handelen, hebben benoemd tot Hunne Plenipotentiarissen, te weten : Zyne Maje- steit de Koning van het Vereenigd Koningryk van Groot Britan- ni'en en lerland, Hendrik Grave Bathurst, Lid van Hoogstgem. Zyner Majesteits Geheimen-Raad, en een zyner voorname Secretarissen van Staat; en Zyne Majesteit de Koning der Nederlanden, den Heere Hendrik Baron Fagel, Lid van de Rid- NK'JUIEULANDS. 369 III. The present Additional Articles shall liave the same force and validity as il' they were inserted word for word in the Conven- tion signed this day. They shall be ratified, and the ratifications shall be exchanged at the same time and place. In witness thereof, we the nndersigned Plenipotentiaries have signed, and affixed to them the seals of our arms. Done at London, this 13th day of August, 1814. Signed Castlekeagh, (L.S.) II. Fagel, (I..S.) Convention beliceen Great Britain a)i(l the ISlelfio/aiKh. Signed at London, the \'2th August, 1815. Ill the Name of the Most Holy and Undivided Trinity-. His Majesty the King of the United Kingdom of Great Britain and Ireland, and His Majesty the King of the Netherlands, being equally desirous of promoting and cementing the harmony and good understanding so happily established between the two coun tries, by carrying into immediate execution that part of the pro- visions of the tirst Additional Article of the Convention of the 13th of August, IS 14, which stipulates that the subjects of His Majesty the King of the Netherlands, being proprietors in the Colonies of Demerara, Essequebo and Berbice, shall be at liberty (under certain regulations) to carry on trade between the said Settlements and the Territories in Europe of His said Majesty, have nominated for their Plenipotentiaries, viz. His Majesty the King of the United Kingdom of Great Britain and Ireland, Henry Earl Bathurst, a Member of His Majesty's Most Honourable Privy Council, and one of His Principal Secretaries of State ; and His Majesty the King of the Netherlands, the Sieur Henry Baron Fagel, a Member of the Corps des Nobles of the Province of Holland, and His Ambassador Extraordinary and Plenipoten- tiary to His Britannic Majesty: who, after having coumiunicateii VOL. 1. B B 370 NEDERLANDEX. derschap der Provlncie van Holland, en Zyn Extraordinaris Ambassadeur en Plenipotentiaris by Zyne Groot Britannische Majesteit, dewelke, na zich onderling medegedeeld te hebben hunne respective volmagten, in goede en behoorlyke forma bevon- den zynde, overeen-gekomen zyn onitrent de volgende Artikelen: I. De voorsz : Handel zal, gedurende den tyd van vyf jaren, beginnende met den Iste January, I8l6, mogen gedreven wor- den met Scheepen, zynde het Eigendom van de onderdanen van Zyne Majesteit den Koning der Nederlanden, waar-ook gebouwd, en zonder eenige bepaling of restrictie, voor zoo veel betreft de Zeelieden die dezelve bevaren ; maar na verloop van de voorsz : vyf jaren, of zoo veel vroeger als Zyne Majesteit de Koning der Nederlanden het zal goedvinden, zal gem : Handel moeten geschieden alleen met zoodanige Schepen in de Nederlanden ge- bouwd, en waarvan de Schipper en drie vierde van de Equipagie zyn onderdanen van Zyne Majesteit den Koning der Nederlanden. n. Zyne Majesteit de Koning der Nederlanden behoudt aan zich de vryheid op den invoer van Produkten uit gezegde Kolo- nien in de Europische Staten van Hoogstgezegde Zyne Maje- steit, en vice-versa, op den uitvoer, zodanige Regten als Hoogst- dezelve zal oordeelen te behooren, te bepalen ; maar de Regten, die m de Kolonien zelve geheven worden, zyn toepasselyk zoo wel op den Nederlandschen, als op den Engelschen HandeL HI. De Onderdanen van Zyne Majesteit den Koning der Ne- derlanden, zynde Grondeigenaren in gezegde Kolonien, zuUen de volkomene Vryheid hebben om naar gezegde Kolonien te gaan, en van dezelve terug te keeren, zonder in dit opzigt aan eenig uitstel of moeielykheid te zyn blootgesteld : ook Personen kun- nen aanstellen, om in hunnen naam, in dien handel hunne zaken te doen, of het opzigt over hunne Eigendommen aldaar te houden; zullende echter dezelve, gedurende hun verblyf in de voorsz : Ko- lonien, aan de Wetten en Ordonnantien aldaar onderworpen zyn. Zy zullen ook volkomen vryheid hebben om over hun Eigendom, op zoodanige wyze als zy geschikt zullen oordeelen,te beschikken, met dien verstande nogtans, dat met opzigt tot de Negers zy gehouden zullen zyn aan dezelfde bepalingen als de Britsche Onderdanen. IV. Ten einde de Eigenaren van Plantagien in voorsz : Kolo- NETHERLANDS. 371 to each other tlieir respective full Powers, found in due and proper form, have agreed to the following Articles : I. It is hereby agreed, that, for the space of five years from the 1st of January, I8IO, the aforesaid trade may be carried on in any ships being tlie property of subjects of His Majesty the King of the Netherlands, wheresoever built, and without any re- striction or limitation as to the mariners navigating them : but at the expiration of the said five years, or as much sooner as His Majesty the King of the Netherlands shall think proper, such trade shall be carried on only in such ships as are Dutch built, and whereof the master and three-fourths of the crew are the sub jects of His Majesty the King of the Netherlands. II. His Majesty the King of the Netherlands reserves to Him- self the liberty of imposing such duties as He may think fit, upon the importation into the European Dominions of His said Majesty, of the produce of the Colonies in question ; and vice- versa, with regard to exportation: but the duties to be paid within the Colonies shall be applicable to the Dutch, as well as to the British trade. HI. The Subjects of His Majesty the King of the Netherlands, being proprietors hi the said Colonies, shall be at perfect liberty to go to the said Colonies, and to return, Mithout being subjected in this respect to any delay or difficulty ; or to appoint persons to act for them in the management of the said intercourse, or of their properties in the said Colonies ; subject, however, during their residence there, to tlie laws and regulations of the same. They shall also have full liberty to dispose of their property in any manner in which they may think fit : but it is understood that in regard to Negroes, they are to be subject to the same restrictions as British subjects. IV. In order to protect the proprietors of estates in the said B E 2 37-2 NEDERLANDEN. nien van de verderflyke gcvolgen, welke eene onmiddelyke executie van de Hypotheeken, die zy aan de Onderdanen van zyne IMaje- steit den Koning der Nederlanden mogten verschuldigd zyn, te beveiligen, zoo zyn de Hooge Kontractauten voider overeengeko- men, dat in alle gevallen in welke de Eigenaar van eene Plantagie aan den bonder van eenige Hypotheek op dezelve Plantagie vroe- ger dan den eersten January, 1814, (zoodanig Hypotheekhouder zynde een Ondcrdaan van Zyne Majesteit den Koning der Neder- landen) de hierna te meldene zekerheid mogt aanbieden, dezelve Hypotheekhouder de vryheid niet zal hebben om tot innnediate executie van gezegde Hypotheek overtegaan ; welverstaande echter, dat in alle gevallen, in welke zoodanige Securiteit, door den Eigenaar niet zal worden aangeboden, de Hypotheekhouder alle zyne regten tot de executie, tot welke hy geregtigd is, behou- den zal, De bedoelde Zekerheid moet bepalen dat de Hypo- theekhouder, ten koste van den Eigenaar van de Plantagie, eene nieuwe Hypotheek zal bekomen tot bet gantsche beloop van de Schuld thans aan denzelven verschuldigd, daarin begrepen, zoo wel dat gedeelte van de oorspronkelyke schuld het welk niet is afgelost, als de intrest die daarop te goed mogt zyn, tot den Slste December, 1814, ingesloten. Dat deze Zekerheid aan den Hypo- theekhouder zal voorbehouden dat regt van preferentie boven andere Hypotheekhouders en Schuldeisschers waartoe hy onder zyne oorspronkelyke Hypotheek geregtigd was : dat het zal loopen tegen eene Jaarlyksche Intrest, beginnende met den eersten January, 1815, van hetzelfde beloop, en betaalbaar op dezelfde vvyze, als de origineele Hypotheek medebragt : en dat het gantsche beloop van de nieuwe Schuld betaalbaar zal zyn in acht jaarlyk- sche termynen, de eerste van welke zal vervallen op den eersten January, 1820. — Deze nieuwe Zekerheid zal mede aan den Hypo- theekhouder waarborgen alle zoodanige middelen van legale * voorzieninge in cas van wanbetaling van intrest, of van achterlyk bly ven in het aflossen van het Kapitaal, wanneer het zal verschul- digd zyn, en alle zoodanige andere voorregten en voordeelea waartoe hy onder zyne thans bestaande Bypotheek geregtigd is, en zal hem met opzigt tot de Schuld, voor welke de nieuwe Zekerheid gegeven wordt, in denzelfden staat stellen in welke hy was met bctrekkinge tot zyne oorspronkelyke vordering op de NETHERLANDS. 373 Colonies tVoin the ruinous tfVects of the immediate foreclosure of mortgages clue to the subjects of His Majesty the King of the Netherhuuls, it is further agreed, that in all cases in which the proprietor of an estate shall ofler to the holder of any mortgage on the said estate, made prior to the Jst of January, 1814 (such mortgagee being a subject of His Majesty the King of the Nether- lands) the security hereinafter specified, such mortgagee shall not be at liberty to proceed to the immediate or summary foreclo- sure of the said mortgage ; it being however understood, that iu all cases in which no such security shall be offered by the pro- prietor, the mortgagee shall retain all those rights as to foreclo- sure, to which he is at present entitled. The security in question must provide that the mortgagee shall receive, at the expense of the proprietor of the estate, a new mortgage for the whole amount of the debt now due to him, including both that part of the original debt which has not been discharged, and the interest which may have accrued upon it, up to the 3 1 St December, 1814, inclusive. That this security shall reserve to the mortgagee that priority of claim over other mort- gagees and creditors to which he is entitled under his original mortgage : that it shall bear an annual interest, beginning from the 1st of January, 181.3, at the same rate, and payable in the same manner, as that which was payable under the original mort- gage ; and that the whole amount of the new debt shall be pay- able by eight annual instalments, the first of which is to become payable on the 1st of January, 1820. The new security shall also afford to the mortgagee all those means of legal redress, in the event of non-payment of the interest, or omission to discharge the principal when due, and all those other privileges and advantages to which he would be entitled under his existing mortgage, and shall place him, with respect to the debt for which the new security is given, in the same situa- tion as he stood with respect to his original claim upon the estate, excepting only in what relates to the period at which the payment may be demanded, so that no later creditor shall derive, from this arrangement, any power to affect the rights of the ori- ginial creditor, and that no further suspension of payment (sur- B B 3 374 NEDERLANDEN. Plantiigie, met ultzondering alleeii van het geen V>etrekkiiig lieeft lot den tyd op we^ke de betaling gevorderd zal kiinnen worden, ten dien effecte dat geen latere Schuldeisscher uit deze schikking eenige de minste bevoegdheid zal kunnen adeiden ten nadeele der Regten van den oorspronkelyken Crediteur, en dat geene verdere opschorting van betaling (surchtance) bulten die, welke hierin bepaald is, plaats zal kunnen hebben,zonder het speciaal consent van den Crediteur. Verder wordt bepaald, dat ten einde de Hjpotheekhouder ge- regtigd zy om de Zekerheid in dit Artikel omschreven te beko- men, hy verpligt zal zyn, om, zoodra de gem: Akte in de Kolonie zal zyn geregistreerd, en aan den Hypotheekhouder of zyn Agent in de Kolonie ter hand gesteld, (de onkosten van welke regis- tratie door den Eigenaar moeten gedragen worden) overtegeven, ten fine van royeeringe, de Akten van Hypotheeken of Schuldver- bindtenissen hem oorspronkelyk ter hand gesteld, of een legaal bewys overteleggen dat die Akten van Hypotheek of Schuld- verbindtenissen, behoorlyk zyn geroyeerd, en niet verder van eenige waarde of kragt zyn. Wordende verder wel expresselyk bepaald, dat, met uitzondering van de wyzingen in dit Artikel gespecificeerd, de Regten van de Hypotheekhouders of Schuldeischers zullen blyven in hun geheel. V. Alle Nederlandsche Eigenaren, die als zodanig by deze Conventie erkend Morden, zullen bevoegd zyn om hunne Plan- tagien uit de Nederlanden van de gewoone benodigdheden te voorzien ; en, in retour, naar de Nederlanden te mogen uitvoeren de Produkten van voorsz : Plantagien : maar zal alle andere invoer van goederen uit de Nederlanden in de Kolonien, of uitvoer van Produkten uit de Kolonien naar de Nederlanden, striktelyk ver- boden zyn ; en wordt verder bepaald dat geen uitvoer van eenig Artikel, het welk het mogt verboden zyn uit de Britsche Stateu derwaards te voeren, uit de Nederlanden derwaards zal mogen geschieden. VI. Door Hollandsche Eigenaren moeten verstaan worden: Vooreerst : Alle Onderdanen van Zyne Majesteit den Koning der Nederlanden in Hoogstdeszelfs Europische Staten wonende, en Jlans Grondeigenaren in de voorsz : Kolonien zyndc. Ten t\v€ede : — Alle Onderdanen van Hoog.^tgcz : Zyn« Majes- NETHERLANDS. 375 cMance) beyond that herein agreed upon, shall take place without the original creditor's especial consent. It is farther agreed, that in order to entitle the mortgagee to receive the security specified in this Article, he shall, as soon as the said security is duly recorded in the said Colony and delivered to the mortgagee or his agent, in the Colony (the expenses of such record being defrayed by the proprietors), deliver up to be cancelled the mortgages or bonds originally granted to him, or exhibit legal proof that the said mortgages and bonds have been o 402 PAYS-BAS. a. De tout domraage et depens particuliers, occasionnes au navire par la perte de fret, d(i ou ^ payer. b. Pour starie I'indemnisation due de ce chef sera reglee d'a- pr^s la cedule annexee au present Article. c. De toute deterioration de la cargaison. d. II leur sera alloue egalement cinq pour cent, du montant du capital employe a I'achat de la cargaison pour tout le tems du delai occasionne par la detention ; et e. Un dedommagement pour toute prime d'assurance sur les risques additionnels. Dans tons les cas le, ou les reclamans, auront de plus droit aux interets sur le pied de cinq pour cent, par an, de la somme adju- gee, jusqu'a son payement par le Gouvernement, auquel le vais- seau capteur appartient; le montant entier de cette indenmisation sera calcule en monnaie du pays auquel le navire capture appar- tient, a liquider d'apres le cours du change d I'epoque de I'adjuge- ment. Les deux hautes Parties Contractantes desirant toutefois eviter autant que possible, tout espece de fraude, dans I'execution du Traite de ce jour, sont convenues, que s'il venait d etre prouve d'une maniere evidente et a la conviction des Juges des deux nations, et sans avoir recours 'A la decision d'un Arbitre, que le capteur a 6te induit en erreur par une faute volontaire et repre- hensible de la part du capitaine du navire capture ; en ce cas seulement, le dit navire n'aura pas droit A recevoir pendant la duree des jours de sa detention, la starie stipulee par le present Article. Cedule de Starie oujour de planche pour un Navire de 100 tonneaux jusqu'd 120 inclusivement, £5- 121 do. 150 do. 6 151 do. • 170 do. 8 171 do. 200 do. 10 201 do. 220 do. 11 fl^^nonr. 221 do. 250 do. 12 251 do. 270 do. 14 271 do. — 300 do. 15J et aiusi de suite en proportion. NETHERLANDS. -^3 a. For all special damages and expenses occasioned to the ship by the detention, and for loss of freight, when due or payable. b. A demurrage when due, according to the schedule annexed to the present Article. c. For any deterioration of cargo. d. An allowance of five per cent, on the amount of the capital employed in the purchase of cargo, for the period of delay occa- sioned by the detention ; and, e. For all premium of insurance on additional risks. The claimant or claimants shall in all cases be entitled to in- terest, at the rate of five per cent, per annum on the sum awarded, until paid by the Government to which the capturing ship be- longs : the whole amount of such indemnifications being calcu- lated in the money of the country to which the captured ship belongs, and to be liquidated at the exchange current at the time of the award. The two high Contracting Parties, wishing however to avoid, as much as possible, every species of fraud in the execution of the Treaty of this date, have agreed, that if it should be proved, in a manner evident to the conviction of the Judges of the two nations, and without having recourse to the decision of an Arbi- trator, that the captor has been led into error by a voluntary and reprehensible fault on the part of the Captain of the detained ship ; in that case only, the detained ship shall not have the right of re- ceiving, during the days of her detention, the demurrage stipulated by the present Article. Schedule of demurrage or daily allowance for a Vessel of 100 tons to 120 inclusive, £5 121 ditto— 150 ditto, 6 151 ditto— 170 ditto, 8 171 ditto— 200 ditto, 10 201 ditto- 220 ditto, 11 f-P^'-^^^'"- 221 ditto— 250 ditto, 12 25 1 ditto— 270 ditto, 14 271 ditto— 300 ditto, 15 J and so on in proportion D D 2 404 PAYS-BAS. VIII. II ne sera licite, iii aux Juges, ni aux Arbltres, ui au Secretaire des Cours niixtes de demander ou de recevoir d'aucune des parties concernees dans les sentences qu'ils prononceront, aucun emolument, sous quelque pretexte que ce puisse fetre, pour I'accomplissemeut des devoirs qui leur sont imposes par le pre- sent reglement. IX. Les deux hautes Parties Contractantes sont convenues qu'en cas de deces ou d'empecliement legal, d'un ou de plusieurs des Juges ou des Arbitres composant les Cours mixtes susmen- tionnees, leurs postes seront remplis, ad interim, de la mani^re suivante : Dans la Cour qui siegera dans les Possessions de Sa Majeste le Roi des Pays-Bas, les places vacantes, qui dependent de Sa dite Majeste, seront desservies successivement par le Gouverneur ou Vice-Gouverneur, par le principal Magistral et Secretaire d'icelles. Quant d la Cour seant dans les Possessions de Sa Majeste Britannique sur la cote d'Afrique, il est convenu qu'en cas de deces ou empechement legal, du Juge ou Arbitre des Pays-Bas en cet endroit, les individus survivans de la Cour procederont au jugement des navires qui pourraient ^tre traduits par devant eux et a la mise a execution de leur sentence. Les places vacantes de la Cour qui sera etablie sur la cote d'Afrique, et qui dependent de Sa Majeste Britannique, seront desservies par le Gouverneur ou Vice-Gouverneur, par le Magis- tral principal et le Secretaire du Gouvernenient ; en cas de dec^s ou d'empecliement legal d'un Juge ou Arbitre Britannique appar- tenant a la Cour etablie dans une Colonic des Pays-Bas, les indi- vidus survivans se regleront d'apres ce qui a ete determine ci- dessus pour la Cour seant dans les Possessions de Sa Majeste Britannique, en cas de deces ou empechement legal d'un Juge ou Arbitre des Pays-Bas. Les hautes Parties Contractantes sont convenues egalement que le Gouverneur ou Vice-Gouverneur des Colonies oil se tien- dront les seances des Cours mixtes, en cas de vacature d'une place de Juge ou Arbitre de I'autre haute Partie Contractante, previendra sans delai le Gouverneur ou Vice-Gouverneur de la NETHERLANDS. 405 VIII. Neither the Judges nor the Arbitrators, nor the Secre- tary of the inixed Court, shall be permitted to demand, or receive from any of the parties concerned in the sentences which they shall pronounce, any emolument, under any pretext whatsoever, for the performance of the duties which are imposed upon them by the present regulation. IX. The two high Contracting Parties have agreed that in the event of the death or legal impeachment of one or more of the Judges or Arbitrators composing the above-mentioned mixed Courts, their posts shall be supplied, ad interim, in the following manner : On the part of the British Government, the vacancies shall be filled successively in the Court, which shall sit within the posses- sions of His Britannic Majesty, by the Governor or Lieutenant Governor resident in that Colony ; by the principal Magistrate of the same, and by the Secretary; and in that which shall sit within the possessions of His Majesty the King of the Netherlands, it is agreed that, in case of the death of the British Judge or Arbi- trator there, the surviving individuals of the said Court shall pro- ceed equally to the judgment of such ships as may be brought before them, and to the execution of their sentence. On the part of the Netherlands, the vacancies shall be supplied, in the possessions of His Majesty the King of the Netherlands, successively by the Governor or Lieutenant Governor, the prin- cipal Magistrate and Secretary of Government ; and upon the coast of Africa, in case of the death of any Netherland Judge or Arbitrator, the surviving members of the Court shall proceed to judgment in the same manner as above specified for the Court resident in the possession of His Majesty the King of the Netherlands, in the event of the death of the British Judge or Arbitrator. The high Contracting Parties have further agreed, that the Governor or Lieutenant Governor of the Settlement, wherein either of the mixed Courts shall sit, in the event of a vacancy arising, either of the Judge or Arbitrator of the other high Con- tracting Party, shall forthwith give notice of the same to the 406 PAYS-BAS. Colonic la plus voisine, apparteuant d la dite haute Partie Con- tractante, afin que Ton puisse y suppleer au plutot ; et chacune des Puissances Contractantes s'engage A remplir definitivement aussitot que possible les vacatures qui pourraient subvenir dans les Cours, soit par deces ou par autres causes quelconques. NETHERLANDS. 407 Governor or Lieutenant Governor of the nearest Settlement of such high Contracting Party, in order that the loss may be sup- plied at tlie earliest possible period ; and each of the high Con- tracting Parties agrees to supply definitively, as soon as possible, the vacancies that may arise in the above-mentioned Courts, from death or any other cause whatever. ( 408 ) PERSIA DEFINITIVE TREATY OF FRIENDSHIP between Great Britain and Persia. Signed at 'Tehran^ 9,5th November, 1814. Extract. (Preamble.) What relates to Commerce, Trade, and other Affairs, will be drawn up and concluded in a separate Commercial Treaty. Signed at Tehran, 25th November, 1814. Signed Signed James Morier, (L. S.) Mirza Mahammed Sheffi. Henry Ellis,(L.S.) Mirza Buzurk Caimaqam. Mirza Abdul Wahab. END OF VOL. I. London: Priiitcil by C. Rowoith, Bell-yard Temple-bar. i^:s^