A journal, of the captivity and sufferings of John Foss; several years a prisoner at Algiers: together with some account of the treatment of Christian slaves when sick:-- and observations of the manners and customs of the Algerines. : [Eight lines of verse]
Foss, John, d. 1800., Paine, Robert Treat, 1773-1811., Citizen of Newburyport. Algerine slaves., Algeria. Treaties, etc. United States. 1795 Sept. 5.
Page  162

A treaty of Peace and Amity, concluded this present day Timas 21st of the Luna Safia, year of the Hegira 1210. Corresponding with Saturday, 5th September, 1795, between Hassan Bashaw, Dey of Algiers, his Divan and subjects, and George Washington President of the United States of America, and Citizens of said United States.

Article 1st. FROM the date of the present treaty, there shall subsist a firm and sincere peace and amity between the Pre|sident 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.

Art. 2. All vessels belonging to the citizens of the United States of North America, shall be permitted to enter 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 disembark|ed and not sold here shall be permitted to be reimbarked without paying any duty whatev|er, either for disembarking or embarking. All naval and military stores, such as gunpowder, 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 in this Regency, without paying any duties whatever at the custom house of this Regency.

Page  163 Art 3. The vessels of both nations shall pass each other without any impediment or moles|tation, and all goods, money, or passengers of whatever nation may be on board of the ves|sels of either party shall be considered as invio|lable, and shall be allowed to pass unmolested.

Art 4. All ships of war belonging to this Regency on meeting with merchant vessels be|longing to the citizens of the U. S. shall be al|lowed to visit them with two persons only be|side the Rowers, these two only permitted to go on board said vessel without obtaining ex|press leave from the commander of said vessel, who shall compare the passport, and immedi|ately permit said vessel to proceed on her voy|age 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 abso|lutely 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.

Art. 5th. No commander of any cruiser be|longing to this Regency, shall be allowed to take any persons, of whatever nation or deno|nomination, out of any vessel belonging to the United States of North America, in order to examine them, or under pretence of making Page  164 them confess any thing desired; neither shall they inflict any corporal punishment, or any way else molest them.

Art. 6th. If any vessel belonging to the U|nited States of North America, shall be strand|ed on the coast of this Regency, they shall re|ceive every possible assistance from the subjects of this Regency; all goods saved from the wreck shall be permitted to reimbark on board of any other vessel, without paying any duties at the custom house.

Art. 7th. The Algerines are not, on any pre|tence whatever, to give or sell any vessel of war to any nation at war with the United S. of North America, or any vessel capable of cruising to the detriment of the commerce of said United States.

Art. 8. Any citizen of the United States of North America, having bought any prize con|demned by the Algerines shall not be again captured by the cruisers of the Regency then at sea, although they have no passport; certifi|cates from the Consul being deemed sufficient until such a time as they can procure such passport.

Art. 9th. If any of the Barbary states at war with the United States of North America, shall capture any American vessel and bring her in|to 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.

Art. 10th. Any vessel belonging to the U|nited Page  165 States of North America, when at war with any other nation, shall be permitted to send their prizes into the ports of the Regen|cy, have leave to dispose of them without pay|ing any duties on sale thereof. All vessels wanting provisions or refreshments, shall be permitted to buy them at market price.

Art. 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 present of provisions and refreshments—gratis. Should any of the slaves of this Re|gency 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.

Art. 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; but all such agreements must be made by consent of parties. Should any American citizen be ta|ken on board an enemy ship, by the cruizers 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.

Art. 13. Should any of the citizens of the Page  166 United States of North America, die within the limits of this Regency, the Dey and his subjects shall not interfere with the property of the deceased; but it shall be under the im|mediate direction of the consul; unless other|wise disposed 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 property. Neither shall the Dey or Divar give hindrance in the execution of any wil that may appear.

Art. 14. No citizen of the United States of North America, shall be obliged to purchase any goods against his will; but on the contra|ry, shall be allowed to purchase whatever if pleaseth him. The consul of the United State of North America, or any other citizen, shal not be amenable for debt contracted by any one of their own nation; unless previously they have give 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 na|tions, he expects to have the preference given him on his paying the same freight offered by any other nation.

Art. 15. Any disputes or suits at law, that may take place between the Regency and the citizens of the United States of North Ameri|ca, shall be decided by the Dey in person, and Page  167 no other. Any disputes that may arise between the citizens of the United States shall be deci|ded by the consul; as they are in such cases not subject to the laws of this Regency.

ART. 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 U|nited States of North America, in the above predicament, escape prison, the Consul shall not become answerable for him.

ART. 17. The consul of the United States of North America, shall have every personal secu|rity given him and his household: 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 liber|ty 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 and Broker.

ART. 18. 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 them|selves and property unmolested, on board of what vessel and vessels they shall think proper.

ART. 19. Should the cruisers of Algiers cap|ture any vessel having citizens of the United Page  168 States of North America on board, 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.

ART. 20. On a vessel of war belonging to 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 twen|ty-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.

ART. 21. The consul of the United States of North America shall not be required to pay duty for any thing from a foreign country for the use of his house and family.

ART. 22. Should any disturbance take place between the citizens of the United States and the subjects of this Regency, or break any ar|ticle of this treaty, war shall not be declared immediately; but every thing shall be search|ed into regularly: the party injured shall be made reparation.

On the 21st of the Luna of Safia, 1210. cor|responding with the 5th of September, 1795, Joseph Donaldson, jun. on the part of the U|nited States of North America, agreed with Hassan Bashaw, Dey of Algiers, to keep the ar|ticles contained in this treaty sacred and invio|able; which we the Dey and Divan promise Page  169 to observe, on consideration of the United S. paying annually the value of twelve thousand Algerine sequins in marine stores. Should the United S. forward a larger quantity the over|plus 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 am|ity, shall immediately be delivered up on her arrival in Algiers.

Signed,

  • VISAR HASSAN BASHAW, Seal of Algiers, stamped at the foot of the o|riginal Treaty. in Arabic.
  • JOSEPH DONALDSON, Jun.