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Washington, George (1732-1799) Treaty between the U.S. and the Dey & Regency of Algiers (c/s Timothy Pickering)

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Gilder Lehrman Collection #: GLC02794.001 Author/Creator: Washington, George (1732-1799) Place Written: Philadelphia Type: Document signed Date: 1796/03/07 Pagination: 11 p. 26 x 19 cm

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Gilder Lehrman Collection #: GLC02794.001 Author/Creator: Washington, George (1732-1799) Place Written: Philadelphia Type: Document signed Date: 1796/03/07 Pagination: 11 p. 26 x 19 cm

Summary of Content: Signed as President and countersigned by Pickering as Secretary of State. English translation from the Arabic with clerical signatures for Vizier Hassan Bashan (the Dey of Algiers), Joseph Donaldson Jr. (American negotiator) and David Humphreys (American Minister to Portugal).

Background Information: Signer of the U.S. Constitution.

Full Transcript: George Washington, President of
The United States
of America,
To all to whom these presents shall come,
Greeting:
Whereas a treaty of peace and amity has been concluded in the ...manner hereinafter mentioned, by the Plenipotentiary of the United States of America; and the Dey and Regency of Algiers; which treaty, written in the arabic - language, being translated into the language of the United States, is in the words following, to wit:
[2]A treaty of peace and amity concluded this present day Luna artasi, the twenty first of the Luna safer, Year of the Hegira 1210, corresponding with Saturday the fifth of September, one thousand seven hundred and ninety five, between Hassan Bashan Dey of Algiers, his Divan and Subjects, and George Washington, President of the United States of North America and the citizens of the said United States.
Article 1st: From the date of the present treaty, there shall subsist a firm and sincere peace and amity between the President and citizens of the United States of North America and Hassan Bashaw, Dey of Algiers, His Divan and Subjects; the vessels and subjects of both nations reciprocally treating each other with civility, honor and respect.
Article the 2d. All vessels belonging to the Citizens of the United States of North America, shall be permitted to enter the different ports of the Regency, to trade with our subjects, or any other persons residing within our jurisdiction, on paying the usual duties at our Custom house that is paid by all nations at peace with this Regency; observing that all goods disembarked and not sold here shall be permitted to be reimbarked without paying any duty whatever, either for disembarking or embarking. All naval and military stores, such as gun powder, lead, iron, plank, sulphur, timber for building, tar, pitch, rosin turpentine, and any other goods denominated naval and military stores, shall be permitted to be sold [3] in this regency, without paying any duties whatever at the Customhouse of this Regency.
Article 3d. The vessels of both nations shall pass each other without any impediment or molestation, and all goods, monies or passengers, of whatsoever nation, that may be on board of the vessels belonging to either party, shall be considered as inviolable, and shall be allowed to pass unmolested.
Article 4th: All ships of war belonging to this Regency on meeting with merchant vessels belonging to citizens of the United States shall be allowed to visit them with two persons only beside the rowers; - these two only permitted to go on board said vessel, without obtaining express leave from the commander of said vessel, who shall compare the passport, and immediately permit said vessel to proceed on her voyage unmolested. All ships of war belonging to the United States of North America, on meeting with an algerine cruiser, and shall have seen her passport and certificate from the Consul of the United States of North America, resident in this Regency, shall be permitted to proceed on her cruise unmolested: no passport to be issued to any ships but such as are absolutely the property of citizens of the United States: and eighteen months shall be the term allowed for furnishing the ships of the United States with passports. -
Article 5th: No commander of any cruiser belonging to this regency shall be allowed to take any person, of whatever nation or denomination, out of any vessel belonging to the United States of [4] North America, in order to examine them, or under pretence - of making them confess any thing desired; neither shall they inflict any corporal punishment, or any way else molest them.
Article 6th. If any vessel belonging to the United States of North America shall be stranded on the coast of this Regency, they shall receive every possible assistance from the subjects of this regency: all goods saved from the wreck shall be permitted to be reimbarked on board of any other vessel without paying any duties at the Customhouse.
Article 7th. The Algerines are not, on any pretence whatever, to give or sell any vessel of war to any nation at war with the United States of North America, or any vessel capable of cruising to the detriment of the commerce of the United States.
Article ye. 8th: Any citizen of the United States of North America, having bought any prize condemned by the algerines, shall not be again captured by the cruisers of the Regency then at Sea, altho' they have not a passport; a certificate from the Consul resident being deemed sufficient until such time they can procure such passport.
Article the 9th. If any of the Barbary States at war with the United States of North America, shall capture any american vessel and bring her into any of the ports of this regency, they shall not be permitted to sell her, but shall depart the port on procuring the requisite supplies of provision.
Article ye 10th. Any vessel belonging to the United States of North [5] America, when at war with any other nation, shall be permitted to send their prizes into the ports of the Regency, have leave to dispose of them, without paying any duties on sale thereof. all vessels wanting provisions or refreshments, shall be permitted to buy them at market price. -
Article ye. 11th: All Ships of war belonging to the United States of North America, on anchoring in the ports of the Regency, shall receive the usual presents of provisions and refreshments - gratis. Should any of the slaves of this regency make their escape on board said vessels, they shall be immediately returned; no excuse shall be made that they have hid themselves amongst the people and cannot be found or any other equivocation.
Article ye. 12th. No citizen of the United States of North America shall be obliged to redeem any slave against his will, even should he be his brother: neither shall the owner of a slave be forced to sell him against his will: [inserted: But] all such agreements must be made by consent of parties. Should any american citizen be taken on board an enemy ship, by the cruisers of this Regency, having a regular passport specifying they are citizens of the United States, they shall be immediately set at liberty. On the contrary, they having no passport, they and their property shall be considered lawful prize; as this Regency know their friends by their passports -
Article ye. 13th. Should any of the citizens of the United States of North America die within the limits of this Regency, the Dey and his [6] subjects shall not interfere with the property of the deceased; but it shall be under the immediate direction of the consul unless otherwise disposed [inserted: of] by will. should there be no consul, the effects shall be deposited in the hands of some person worthy of trust, until the party shall appear who has a right to demand them; when they shall render an account of the property neither shall the Dey or Divan give hindrance in the execution of any will that may appear.
Article 14th. No citizen of the United States of North America shall be obliged to purchase any goods against his will, but on the contrary, shall be allowed to purchase whatever it pleaseth him. - the Consul of the United States of [inserted: North] America or any other citizen, shall not be amenable for debts contracted by any one of their own nation; unless previously they have given a written obligation so to do. - Should the Dey want to freight any american vessel that may be in the regency, or Turkey, said vessel not being engaged; in consequence of the friendship subsisting between the two nations, he expects to have the preference given him, on his paying the same freight offered by any other nation.
Article ye. 15th. Any disputes or suits at law that may take place between the subjects of the Regency and the citizens of the United States of North America, shall be decided by the Dey in person, and no other. any disputes that may arise between the citizens of the United States, shall be decided by the Consul; [7] as they are in such cases not subject to the laws of this Regency.
Article ye. 16. Should any citizen of the United States of North America kill, wound or strike a subject of this Regency, he shall be punished in the same manner as a turk, and not with more severity. should any citizen of the United States of North America, in the above predicament, escape prison, the Consul shall not become answerable for him.
Article ye. 17th: The Consul of the United States of North America shall have every personal security given him and his hous[inserted: e]hold: he shall have liberty to exercise his religion in his own house: all slaves of the same religion shall not be impeded in going to said Consul's house at hours of prayer. the Consul shall have liberty and personal security given him to travel whenever he pleases within the Regency: he shall have free licence to go on board any vessel lying in our roads, whenever he shall think fit. The Consul shall have leave to appoint his own Drogaman & Broker.
Article ye. 18th Should a war break out between the two nations, the Consul of the United States of North America, and all citizens of said states, shall have leave to embark themselves and property unmolested, on board of what vessel or vessels they shall think proper.
Article ye. 19th. Should the cruizers of Algiers capture any vessel, having citizens of the United States of North America on board, [8] they having papers to prove they are really so, they and their property shall be immediately discharged. and should the vessels of the United States capture any vessels of nations at war with them, having subjects of this Regency on board, they shall be treated in like manner.
Article ye. 20th. On a vessel of war belonging to [inserted: the] United States of North America anchoring in our ports, the Consul is to inform the Dey of her arrival; and she shall be saluted with twenty one guns; which she is to return in the same quantity or number. and the Dey will send fresh provisions on board, as is customary, gratis.
Article ye. 21st. The consul of the United States of North America shall not be required to pay duty for any thing he brings from a foreign country for the use of His House and Family.
Article ye. 22d. Should any disturbance take place between the citizens of the United States and the subjects of this Regency, or break any article of this treaty, war shall not be declared immediately; but every thing shall be searched into regularly: the party injured shall be made reparation.
On the 21st. of the Luna [inserted: of] safer, 1210, corresponding with the 5th. September 1795, Joseph Donaldson Junr., on the part of the United States of North America, agreed with Hassan Bashaw, Dey of Algiers, to keep the articles contained in this treaty sacred and inviolable; which we the Dey and Divan promise to observe, on consideration of the United States paying [9] annually the value of twelve thousand algerine sequins in maritime stores. should the United States forward a larger quantity, the overplus shall be paid for in money, by the Dey and Regency. any vessel that may be captured from the date of this treaty of peace and amity, shall immediately be delivered up on her arrival in Algiers.


Signed Vizir Hassan Bashaw
Joseph Donaldson Junr. [Seal of Algiers stamped]

To all to whom these presents shall come or be made known.
Whereas the underwritten David Humphreys, hath been duly appointed commissioner plenipotentiary, by letters patent under the signature of the President and seal of the United States of America, dated the 30th: of March 1795, for negotiating and concluding a treaty of peace with the Dey and Governors of Algiers; whereas by instructions given to him on the part of the Executive, dated the 28th. of March and 4th. of April 1795, he hath been further authorized to employ Joseph Donaldson Junior, on an agency in the said business whereas by a writing under his hand and seal, dated the 25th. May 1795, he did constitute and appoint Joseph Donaldson Junior agent in the business aforesaid; and the said Joseph Donaldson Junior, did on the 5th. of September 1795, agree with [10] Hassan Bashaw, Dey of Algiers, to keep the articles of the preceding treaty sacred and inviolable:
Now Know Ye, That I David Humphreys, Commissioner plenipotentiary aforesaid, do approve & conclude the said treaty, and every article and clause therein contained; reserving the same nevertheless for the final ratification of the President of the United States of America, by and with the advice and consent of the Senate of the said United States.

L.S. In Testimony whereof I have signed the same with my hand and seal, at the City of Lisbon, this 28th. of November 1795. -
David Humphreys

Now be it known, that I George Washington, President of the United States of America, having seen and considered the said treaty, do, by and with the advice and consent of the Senate, accept, ratify, and confirm the same, and every clause and article thereof. And to the end that the said treaty may be observed and performed with good faith on the part of the United States, I have ordered the premises to be made public; and I do hereby enjoin and require all persons bearing office civil or military within the United States and [11] all others citizens or inhabitants thereof, faithfully to observe and fulfil the said treaty and every clause and article thereof.

[Presidential Seal]

In Testimony whereof, I have caused the Seal of the United States of America to be affixed to these presents, and signed the same with my hand. Done at the City of Philadelphia, the seventh day of March one thousand seven hundred and ninety six, and of the Independence of the United States of America, the twentieth.

Geo: Washington
By the President
Timothy Pickering
Secretary of State
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People: Washington, George, 1732-1799

Historical Era: The New Nation, 1783-1815

Subjects: PresidentDiplomacyTreatyGlobal History and US Foreign PolicyGlobal History and US Foreign PolicyGovernment and CivicsAfricaBarbary CoastBarbary PiratesBarbary Wars

Sub Era: The Early Republic

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