NOTES. On the 25th of July, all the would have paid, had it been accepted. But the Algerine minister insisted on Since the appearance of the first edition of this work, the government of Algiers has become extinct by the conquest of that place, through the arms of France, completed on the 5th of July, 1830. As the entire subjugation of that ancient piratical power (by far the most formidable of the Barbary states) has an important bearing on all governments having diplomatic relations with his highness the late Dey, as one of the contracting parties, the editor deems it proper to insert, from the official despatch of Count de Bourmont, a brief outline of the successful result of the military operations of the French arms, which preceded the fall of Algiers, with a copy of the Convention, signed by the French general, and ratified by the seal of the Dey, who has since taken up his residence near Naples, whilst, by right of conquest, and according to the French law, Algiers is now annexed to the crown of France: "At two o'clock," [July 4, 1830] Count de Bourmont in his official des. patch says" a flag of truce was brought to me on the ruins of the fort of the emperor. It was the secretary of the dey. He offered to indemnify France for the expenses of the war. I replied that, first of all, the Casauba, the forts, and the port, must be delivered up to the French troops. After appearing to doubt whether this condition would be accepted, he allowed that the obstinacy of the dey had been very fatal. When the Algerines, they say, are at war with the king of France, they must not repeat the evening prayer, till they have obtained peace. He returned to Algiers. Soon afterwards two of the richest Moors of Algiers were sent by the dey; they did not dissemble that extreme terror prevailed among the soldiers and the inhabitants, and that all were desirous that negotiations should commence immediately.They desired I would cause the firing to cease, promising that the fire of the place should be then likewise suspended. This suspension of hostilities in the fire took place. At three o'clock, the dey's secretary returned, accompanied by the consul and vice consul of England: he requested that the conditions of the peace might be reduced to writing. This was done, and I caused a paper to be delivered to him, a copy of which your excellency will find below. The dey NOTES. At 4 o'clock, the secretary came for the third time. desired that an interpreter might be sent to him, in order that he might by his assistance, understand what was required of him. M. Biaschewitz, formerly first interpreter to the army in Egypt, was sent to the Casauba. when he was made acquainted with the proposed convention, said that he The dey, accepted the conditions, and that he placed implicit confidence in the French honor. I had signed the convention: he [the dey] put his seal to it, but desired that the armistice might be prolonged until the 5th, at noon, in order that he might have time to summon his council, and induce it to subscribe to the conditions prescribed.-To-day [the 5th] the two Moors returned: they were commissioned by the dey to confirm the engagement into which they had entered, by affixing his seal to the convention, [as below] but they desired that the occupation should be deferred for 24 hours. forts, the port, and the city, should be delivered up to the French troops, at I required that the 11 o'clock in the morning. The dey consented, and at this moment the standard of France is hoisted on all the towers of the city, the subjection of which has been for so many ages the object of the wishes of all Europe." CONVENTION between the general in chief of the French army and his highness the dey of Algiers. 1. The fort of the Casauba, all the other forts depending on Algiers, and the port of that city, shall be delivered up to the French troops this morning at ten o'clock, French time. 2. The general-in-chief of the French army promises his highness the dey of Algiers, to leave him his liberty, and the possession of every thing that belongs to him personally. 3. The dey shall be at liberty to retire with his family and all that belongs to him to the place which he shall fix upon, and so long as he remains at Algiers, he and all his family shall be under the protection of the general-inchief of the French army; a guard shall protect the safety of his person and that of his family. The general-in-chief promises to all the soldiers the same advantage and the same protection. 4. The exercise of the Mahometan religion shall remain free. The liberty of the inhabitants of all classes, their religion, their property, their commerce, their industry, shall be inviolate, their women shall be respected: the generalin-chief promises this upon his honor. 5. The exchange of this convention shall be made before ten o'clock this morning, and the French troops shall immediately after enter the Casauba, and successively all the other forts of the city and the port. During the action, the greater part of the European consuls were at a short distance from the field of battle, assembled with their families in the house of the consul of the United States. Notice was afterwards given to the Turkish soldiers—to quit the territory of Algiers immediately; that those who possess real property had a delay of eight months to sell it, and that at the expiration of that time, the property not disposed of, should be sold at public auction; and that the said Turkish soldiers should be conveyed by the French vessels out of the territory of the regency of Algiers, with an express prohibition not to return. [In concluding this note, it may be proper also to add, retrospectively, that the treaty, No. 2, page 484, negotiated on the quarter deck of the Guerriere, and, literally dictated at the cannon's mouth, was preceded by two brilliant achievements of the American navy, in the capture of an Algerine frigate of 46 guns and 500 men, and a sloop of war of 22 guns and 180 men, by the squadron of the intrepid Decatur, in June 1815. The effect of these victories is obvious, in the favorable stipulations of that treaty, whereby, among other concessions, tribute is abolished forever our prisoners restored without ransom-and indemnification to American citizens, for detention and loss of property.] 1796. November 4. Peace between the U. States and Tripoli, the dey of Alguarranteed by giers. Enemy goods, etc. free. Citizens or subjects in enemy vessels, etc. Vessels of both parties to be fur nished with passports, etc. TREATIES WITH TRIPOLI. No. 1.-Treaty of peace and friendship between the United ART. 1. There is a firm and perpetual peace and friendship between the United States of America, and the bey and subjects of Tripoli, of Barbary, made by the free consent of both parties, and guarranteed by the most potent dey and regency of Algiers. ART. 2. If any goods belonging to any nation with which either of the parties is at war, shall be loaded on board of vessels belonging to the other party, they shall pass free, and no attempt shall be made to take or detain them. ART. 3. If any citizens, subjects, or effects, belonging to either party, shall be found on board a prize vessel taken from an enemy by the other party, such citizens or subjects shall be set at liberty, and the effects restored to the owners. ART. 4. Proper passports are to be given to all vessels of both parties, by which they are to be known. And, considering the distance between the two countries, eighteen months from the date of this treaty shall be allowed for procuring such passports. During this interval, the other papers belonging to such vessels shall be sufficient for their protection. Prize vessels ART. 5. A citizen or subject of either party having bought bought by citizens or subjects a prize vessel, condemned by the party or by any other nation, of either party, the certificate of condemnation and bill of sale shall be a suffiallowed a year to procure re- cient passport for such vessel for one year; this being a reasongular passports able time for her to procure a proper passport. Provisions. Repairs. Landing cargoes. Stranded ves sels. ART. 6. Vessels of either party putting into the ports of the other, and having need for provisions or other supplies, they shall be furnished at the market price: and if any such vessel shall so put in from a disaster at sea, and have occasion to repair, she shall be at liberty to land and re-embark her cargo, without paying any duties. But in no case shall she be compelled to land her cargo. ART. 7. Should a vessel of either party be cast on the shore of the other, all proper assistance shall be given to her and her No pillage, etc. people. No pillage shall be allowed; the property shall remain at the disposition of the owners, and the crew protected and succored till they can be sent to their country. 1796. November 4. Vessels within ART. 8. If a vessel of either party should be attacked by an enemy, within gunshot of the forts of the other, she shall be defended as much as possible. If she be in port, she shall not be seized or attacked, when it is in the power of the other gunshot of forts party to protect her; and when she proceeds to sea, no enemy shall be allowed to pursue her, from the same port, within twenty-four hours after her departure. to be defended. vored footing. ART. 9. The commerce between the United States and Commerce, etc. on the most faTripoli; the protection to be given to merchants, masters of vessels and seamen; the reciprocal right of establishing consuls in each country, and the privileges, immunities, and jurisdictions, to be enjoyed by such consuls, are declared to be on the same footing with those of the most favored nations, respectively. ment by the bey a of the receipt of sum in gross, tain stipulated consular pre which, with cer sents, is to exonerate the U. ART. 10. The money and presents demanded by the bey of Acknowledg Tripoli, as a full and satisfactory consideration on his part, and on the part of his subjects, for this treaty of perpetual peace and friendship, are acknowledged to have been received by him previous to his signing the same, according to a receipt which is hereto annexed; except such part as is promised, on the part of the United States; to be delivered and paid by them on the arrival of their consul in Tropoli, of which part a note is likewise hereunto annexed. And no pretence of any periodical tribute, or farther payment, is ever to be made by either party. future tribute. States from all everto interrupt the harmony between thetwo countries. ART. 11. As the government of the United States of Ame- No pretext arising from relirica, is not, in any sense, founded on the christian religion; gious opinions as it has, in itself, no character of enmity against the laws, religion, or tranquillity of Musselmen; and as the said states never have entered into any war or act of hostility against any Mahometan nation; it is declared by the parties, that no pretext arising from religious opinions, shall ever produce an interruption of the harmony existing between the two countries. ART. 12. In case of any dispute arising from a violation of No appeal to any of the articles of this treaty, no appeal shall be made to arms in case of arms, nor shall war be declared on any pretext whatever. But cerning a violathe consul residing at the place where the dispute shall hap- ty, etc. pen, shall not be able to settle the same, an amicable reference The consul failing to settle disshall be made to the mutual friend of the parties, the dey of putes, amicable Algiers, the parties hereby engaging to abide by his decision. made to the dey And he, by virtue of his signature to this treaty, engages, for of Algiers. himself and his successors, to declare the justice of the case according to the true interpretation of the treaty, and to use if a dispute con tion of this trea reference to be 1796. November 4. Certificate by J. Barlow, that the foregoing is a true copy of the treaty between the U. S. and Tripoli. Recitation of the powers of all the means in his power to enforce the observance of the same. Signed and sealed at Tripoli, of Barbary, the 3d day of Jumad, in the year of the Hegira, 1211; corresponding with the 4th day of November, 1796; by [L. s.] JUSSUF BASHAW MAHOMET, bey. [L. S.] HAMET, treasurer. [L. S.] AMET, minister of marine. [L. S. AMET, chamberlain. [L. S.] ALLY, chief of the divan. [L. S.] SOLIMAN, kaya. [L. s.] GALIL, general of the troops. [L. S.] MAHOMET, commandant of the city. Signed and sealed at Algiers, the 4th day of Argril, 1211; [L. s.] I, Joel Barlow, agent and consul general of the United States of America for the city and kingdom of Algiers, certify and attest, that the foregoing is a true copy of the treaty concluded between the said United States and the bey and subjects of Tripoli, of Barbary, of which the original is to be transmitted by me to the minister of the United States in Lisbon. In testimony whereof, I sign these presents with my hand, [L. s.] and affix thereto the seal of the consulate of the United States, at Algiers, this 4th day of January, 1797. To all persons to whom these presents shall come, or be made known: Whereas, the underwritten David Humphreys hath been D. Humphreys: 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 most illustrious, the bashaw, lords, and governors of the city and kingdom of Tripoli: whereas, by a writing under his hand and seal, dated the 10th of February, 1796, he did (in conformity J. Barlow and to the authority committed me therefor) constitute and appoint J.Donaldson, jr constituted a- Joel Barlow and Joseph Donaldson, junior, agents, jointly and treaty with Tri- separately, in the business aforesaid: whereas the annexed treaty of peace and friendship was agreed upon, signed, and gents to frame a poli, |