Privileges of merchants.Art. XII. 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 thereto; 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, he shall be treated in like manner.
Tunisian subject freighting an American vessel, &c.If any Tunisian subject shall freight an American vessel and load her with merchandise, and shall afterwards want to unlace or ship them on board of another vessel, we will 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.
Embargoes.No captain shall be detained in port against his 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.
Protection of the subjects of the parties.The subjects of the two contracting powers shall be under the protection of the Prince and under the jurisdiction of the chief of the place where they may be, and no other persons shall have authority over them. If the commandant of the place does not conduct himself agreeably to justice, a representation of it shall be made to us.
Government of Tunis may freight American vessels.In case the Government shall have need of an American merchant vessel, it shall cause it to be freighted, and then a suitable freight shall be paid to the captain, agreeably to the intention of the Government, and the captain shall not refuse it.
Enemy's subjects on board the vessels of the parties,—in what case they shall be made slaves.Art. XIII. If among the crews of merchant vessels of the United States, there shall be found subjects of our enemies, they shall not be made slaves, on condition that they do not exceed a third of the crew; and when they do exceed a third, they shall be made slaves: The present article only concerns the sailors, and not the passengers, who shall not be in any manner molested.
Duties to be reciprocally paid.Art. XIV. A Tunisian merchant who may go to America with a vessel of any nation soever, loaded with merchandise which is the production of the kingdom of Tunis, shall pay duty (small as it is) like the merchants of other nations; and the American merchants shall equally pay, for the merchandise of their country which they may bring to Tunis under their flag, the same duty as the Tunisians pay in America.
But if an American merchant, or a merchant of any other nation, shall bring American merchandise under any other flag, he shall pay six per cent duty: In like manner, if a foreign merchant shall bring the merchandise of his country under the American flag, he shall also pay six per cent.
Liberty of commerce, contraband excepted.Art. XV. It shall be free for the citizens of the United States to carry on what commerce they please in the kingdom of Tunis, without any opposition, and they shall be treated like the merchants of other nations; but they shall not carry on commerce in wine, nor in prohibited articles: And if any one shall be detected in a contraband trade, he shall be punished according to the laws of the country. The commandants of ports and castles shall take care that the captains and sailors shall not load prohibited articles; but if this should happen, those who shall not have contributed to the smuggling shall not be molested nor searched, no more than shall the vessel and cargo; but only the offender, who shall be demanded to be punished. Privileges of masters of vessels.No captain shall be obliged to receive merchandise on board of his vessel, nor to unlade the same against his will, until the freight shall be paid.
