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DECLARATION of the Bey of Tunis to the British Consul, &c. respecting the Purchase and Sale of Slaves.
1st January, 1824. From the Adorer of God Almighty, and who hopes for his mercy, Mahmoud Bashaw, Bey of Tunis, to Captain Gowan William Hamilton, commanding the British Squadron, at present at the Goletta, and to the English Consul at Tunis, Alexander Tulin.
We have received your Letter dated the 29th December, 1823, containing a new Article regarding Greek Slaves; that they are not to be bought or sold, and that we are not to allow any one in our Country to make Slaves, during the existing War in Greece, with our master, the Ottoman Sultan: and you also ask of us that, in case of any future War with any Kingdom, we are not to receive any Slave which may arrive in the Ports of our Dominions on any Ship of whatever Nation, although you have seen the Letter which we have received from the Captain Bashaw, and know its contents. However, we shall observe our promises, that if any Slaves, Christians, or Greeks, should arrive here in future, we shall neither sell them, nor allow any one to buy them, but we shall keep them as prisoners of War until Peace shall be made, and then they shall return us those they have, and we shall return them those we have, without any ransom; and this we do contrary to the orders of our master the Sultan; but in consideration of the ancient friendship which subsists between us, we shall fulfil this, even were we to experience any displeasure from our master, the Sultan, as the Greeks are his Subjects; but notwithstanding, out of regard for you, we have hereby agreed to your demands, in consideration of the friendship which has subsisted between us for such a long time.
Done at Bardo, the 21st of the Moon, Rebia-Teni, 1239 of the Hegira; the 1st of January, 1824, of the Christian era. Accepted, on the part of the British Government.
GOWAN WILLIAM HAMILTON. ALEXANDER TULIN, British Pro Consul.
DECLARATION of the Bey of Tunis, respecting the administration of Justice to British and Sardinian Subjects.
7th January, 1824. From the Adorer of God Almighty, and who hopes for his mercy, Mahmoud Bashaw Bey, Master of Tunisian Africa. We declare to have added a new Article to the Treaty with the British Government, which is, that if any British Subject commits any fault for which he may deserve death, we shall inform the British Consul two days before we give the sentence, in order that he may be present at the trial. And if he must then suffer death, a period of two days will also be allowed him before he is executed. We shall not prevent any one from speaking to him, and after his death his body may be taken by his countrymen,
without any one's insulting it. And the Sardinian Subjects will be treated like the English, as their Treaties are like those of England.
Done in the beginning of the Moon, Jumed Owel, 1239 of the Hegira; the 7th January, 1824 of the Christian Era.
[Seal of the Bey.]
DECLARATION of the Bey of Tunis, to the British Consul, explanatory of his Treaty with The United States.
9th September, 1825. To our estimable and respected friend, Sir Thomas Reade, ConsulGeneral, resident in our Regency from the English Government.
The Letter you wrote to our Son, Hossein Bash Mameluk, has been received, and has been read before us, wherein you say that the 12th Article concluded with the American Government,* ought not to alter the 2d Article of the Treaty concluded with the English Admiral Freemantle, (in 1812.)+ I inform you that the 12th Article concluded with
* Article 12 of the Convention between The United States and Tunis, signed at Bardo, 24th February 1824. — When Citizens of The United States shall come within the Dependencies of Tunis, to carry on Commerce there, the same respect shall be paid to them which the merchants of other Nations enjoy; and if they wish to establish themselves within our Ports, no opposition shall be made there. to, and they shall be free to avail themselves of such interpreters as they may judge necessary, without any obstruction, in conformity with the usages of other Nations ; and if a Tunisian Subject shall go to establish himself within the Dependencies of The United States, be shall be treated in like manner. Tunisian Subject shall freight an American Vessel, and load her with merchandise, and shall afterwards want to unload or ship them on board of another Vessel, we shall not permit him until the matter is determined by a reference of merchants, who shall decide upon the case, and after the decision, the determination shall be conformed to.
No Captain shall be detained in Port against bis consent, except when our Ports are shut for the Vessels of all other Nations, which may take place with respect to merchant Vessels, but not to those of War.
The Subjects and Citizens of the two Nations, respectively, Tunisians and Americans, shall be protected in the places where they may be, by the Officers of the Government there existing ; but, on failure of such protection, and for redress of every injury, the Party may resort to the chief authority in each Country, by whom adequate protection and complete justice shall be rendered. In case the Government of Tunis shall have need of an American Vessel for its service, such Vessel being within the Regency, and not previously engaged, the Government shall have the preference, on its paying the same freight as other merchants usually pay for the same service, or at the like rate, if the service be without a customary precedent.
+ Art. 2. The private Ships of War of the Belligcrent Powers shall not make sail from any Port, Place, or part of the Coast, belonging to the Regency, until 24 hours after the departure of all Vessels belonging to Powers with which they may be at 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, detained by calms, contrary wind, or any other inevitable circumstance.
the Americans, is in no respect at variance with the 2d Article arranged with the English. We have granted that Article solely to the end that American Ships and Subjects may, in all cases, be treated and favoured equally with French and English Subjects, and be respected and protected in our Kingdom. Wherefore I write you this Letter, and salute you.
Given the 26th of the Moon Moharem, 1241, corresponding with the 9th September, 1825.
(L.S.) HASSAN PACHA.
DECLARATION of the Bey of Tunis, respecting the treat
ment of British Subjects and Vessels.—13th April, 1826.
To our most faithful Ally and true Friend the King of Great Britain and Ireland.
Whereas it has been represented to us that a gross insult has been offered to the British Flag, in the instance of the British Vessel the Mark Anthony, in violation of the Treaties subsisting between us and His Majesty the King of Great Britain and Ireland, we do hereby deny all knowledge of such outrage, and in testimony of our sincere regret at its occurence, we desire to offer to His said Majesty the King of Great Britain and Ireland, our formal assurance that we will take measures for preventing a repetition of such proceedings, by strictly charging and enjoining all and every our Officers and other Persons, owing to us duty and obedience, to refrain at their peril from molesting or injuring, by word or deed, any British Subjects, their Vessels, or their property, within our Territories; but, on the contrary, to shew them all due respect, in conformity with the Treaties and with our intentions, Whoever infringes this order shall be most severely punished. All safety is in God!
Written in the month of Ramadan, 1241 of the Hegira. A.D. 13th April, 1826.
(L.S.) HASSAN, Bashar Bey. T. READE, H. B. M.'s Agent and Consul-General.
BRITISH Order in Council, exempting the Vessels and Boats
of certain Foreign Nations from Anchorage Dues, in Guernsey, Jersey, Alderney, and Sark.-10th May, 1827.
At the Court at St. James's, the 10th day of May, 1827.
PRESENT, THE KING'S MOST EXCELLENT MAJESTY IN COUNCIL.
WHEREAS certain dues and duties are payable to His Majesty within the Islands of Guernsey, Jersey, Alderney, and Sark, upon the
anchorage of Foreign Ships, Vessels, and Boats arriving at and casting anchor within the Ports, Roads, and Havens of the said Islands, commonly called anchorage dues; and which anchorage dues are not payable by or in respect of British Ships, Vessels, or Boats arriving at and casting anchor within the said Ports, Roads, and Havens; and whereas by certain Treaties or Conventions of Commerce made and concluded by His Majesty with His Most Christian Majesty the King of France, bearing date the 26th day of January, 1826; and with His Majesty the King of Denmark, bearing date the 16th day of June, 1824 ; and with His Majesty the King of Prussia, bearing date the 2d day of April, 1824; and with His Majesty as King of Hanover, bearing date the 12th day of June, 1824; and with His Majesty the King of Sweden and Norway, bearing date the 18th day of March, 1826 ; and with The United States of America, bearing date the 3d day of July, 1815; and with the Free Hanseatick Republicks, bearing date the 29th day of September, 1825; and with the State of Colombia, bearing date the 18th day of April, 1825; and with the United Provinces of Rio de la Plata, bearing date the 2d day of February, 1825; it is amongst other things agreed, that during the continuance of such Treaties respectively, Vessels of and belonging to the Subjects of the before-mentioned Foreign Sovereigns and States, entering or departing from the Ports of the United Kingdom of Great Britain and Ireland, shall not be subject to any other or higher duties or charges whatever than are or shall be levied on British Vessels entering or departing from such Ports; His Majesty, being desirous to carry the said Treaties into full execution and effect, is pleased, with the advice of His Privy Council, to order, and it is hereby ordered, that during the continuance of the before-mentioned Treaties or Conventions of Commerce respectively, and so long as the same shall respectively remain in force, the beforementioned anchorage dues heretofore levied or claimed in the said Islands of Jersey, Guernsey, Alderney, and Sark, on Ships, Vessels, and Boats of or belonging to the Subjects of His Most Christian Majesty, or of His Majesty the King of Denmark, or of His Majesty the King of Prussia, or of His Majesty as King of Hanover, or of His Majesty the King of Sweden and Norway, or of The United States of America, or of the Free Hanseatick Republicks, or of the State of Colombia, or of the United Provinces of Rio de la Plata, shall be and the same are hereby repealed, abolished, and remitted, any law, custom, or usage, now or at any time heretofore in force in the said Islands, or any of them, to the contrary notwithstanding; provided always, that nothing in this present Order contained shall extend, or be construed to extend, to any Ships, Vessels, or Boats of or belonging to the Subjects of the United Provinces of Rio de la Plata, not being of the burthen of above 120 tons, such Ships, Vessels, or Boats not being included within the said Treaty with the said United Provinces, of the
2d of February, 1825; and it is further ordered, that the said anchorage dues shall in like manner be and the same are hereby repealed, abolished, and remitted in favour of the Ships, Vessels, and Boats of or belonging to the Subjects of any other Foreign State or Power with whom His Majesty shall hereafter enter into and conclude any such Treaty as aforesaid; and that such repeal, abolition, and remission shall take effect when and so soon as the conclusion of any such future Treaty shall be signified to the Governor or Lieutenant-Governor of the said Islands respectively, by His Majesty, through one of His Majesty's Principal Secretaries of State ; and all Governors, LieutenantGovernors, and other Officers, Civil and Military, and all other His Majesty's Subjects within the said Islands, are to take notice hereof and to govern themselves accordingly :
And the Right Honourable the Lords Commissioners of His Majesty's Treasury, and the Right Honourable William Sturges Bourne, one of His Majesty's Principal Secretaries of State, are to give the necessary directions herein as to them may respectively appertain.
LAW of France, relating to the Repression of the Slave
Trade.-25th April, 1827.
CHARLES, par la Grace de Dieu, Roi de France et de Navarre; A tous ceux qui ces présentes verront, salut:
Nous avons proposé, les Chambres ont adopté, nous avons ordonné et ordonnons ce qui suit :
Art. I. Les Négocians, Armateurs, Subrécargues, et tous ceux qui, par un moyen quelconque, se seront livrés au trafic connu sous le nom de Traite des Noirs; le Capitaine ou Commandant, et les autres Officiers de l'équipage ; tous ceux qui sciemment auront participé à ce trafic, comme assureurs, actionnaires, fournisseurs, ou à tout autre titre, sauf toutefois l'exception portée en l’Article 3, seront punis de la peine du bannissement, et d'une amende égale à la valeur du Navire et de la cargaison prise dans le Port de l'expédition.
L'amende sera prononcée conjointement et solidairement contre tous les Individus condamnés. Le Navire sera en outre confisqué.
II. Le Capitaine et les Officiers de l'équipage seront déclarés incapables de servir à aucun titre, tant sur les vaisseaux et bâtimens du Roi, que sur ceux du Commerce Français.
III. Les autres Individus faisant partie de l'équipage seront punis de la peine de 3 mois à 5 ans d'émprisonnement.
Sont toutefois exceptés ceux desdits Individus qui, dans les 15 jours de l'arrivée du Navire, auront déclaré au Commissaire de Marine