The telescope. (Columbia, S.C.) 1815-1818, January 09, 1816, Image 2
?RHB9BEBH9nR?n)nranBMsanB
JAM ICS MAMhllN,
rHMIKKITOr Tlir. I*. tTATMOr
To all and lingular to whom thene pretent* $hall
come , greeting:
Whereat, a l>eaty of i'eaco and Amity be
tween the United Slate* of America, ami II in
Highness Omar Bashaw, Dey of Algiers j wa*
concludcd at Alters on tho thirteenth day of
June I nut, by Stephen Decatur and William Shu
lor, citizens of tne United State*, on the part of
the United State*, and the. said Oinnr Itnshaw,
Ilev of Aiders, aild was duly signed nnd Healed
bv the said parties, which treaty is in tiio words
following, to-\vit? ,
Treaty of Veact and Jlwlty concluded between
the United Btatea'of Jimerica, and Hit High
ues* Omar Hatha w, IMu of JHglev$fi, . f
Ahti?>i.k 1. There shall be, from the conclu*
Mini of this treaty, n firm, inviolable and unl
vernal peace ami menu sMjV be t wee n Vine ^ rresl t
dentandcltizenaof the iTnited States of Ame
ricu, on thu one part, and the l)ey and subjects
of the Regency of Algiers in Barbary on the o
ther made by tlie free consent of both parties
<iu thu terms of the moat favored nations ? and
if either party nhall hereafter grunt to any other
nation any particular favor or privilege in navi
gation or commerce, it 'sliAll immediately he
roine common to the other party* freely, when
freely granted to Huch other nations | but when
the grant is conditional, it shall bo at the option
of the const ructiflg parties to accept, alter or
reject such conditions, in sucb manner as shall
be moid conducive to their respective interests.
A?r, S. It is distinctly understood between
the contracting parties ; 'that no tribute, either
ns biennial presents or under any other form or
name whatever, shall ever be required bv the
Doy or Regency of Algier* from the U. fctate*
?f America, on any pretest whutever.
-v s',a" CftU*? he
gjfl?nittelv delivered up to the American xquad
n, now oil' Algiers, all the American citizens,
iow in- his pn??e?xioo, amounting to ten more or
**a| ami all the Kubjects of the l)ey of Algiers*
iow in pos*en?ion of the United 8tates,amoutif?
? ng to live hundred more or less, shall be deli*
p'vercduO to him, by the United States, accord
ing to tne usages of civilized nations, requir
>4n^no ransom for the excess of prisoner# in their
favor. *
? 'Aur. 4. A juHt and full compensation shall
l>e made hv the Doy of Algier*, to hucIi citizen*
of the United State# a* have b??eii captured and
detained by Alceriue crui7.cn*, or u ho have been
forced to abandon their property in Algiers in
violation of the twenty -second article of the
treaty of peace and amity, concluded between
the Ignited States and the Dey of Algiers, on
the .1th of Sept. 1705.
And it in agreed between the contracting par
tip*, that in lieu of (lie above, the Dev of Al
giers Hlinll cause to bo delivered forthwith into
the hniiilx of the American Connul, residing at
Algiers, the whole of uipiantitv of bnlegof cot
ton. left bv the late con*al general of the (J. S.
in the public maga/ine* in Algiers and that he
t?hall pay into the handH of the ?aid Consul the
Hunt of ten thoii.-uind Spanish dollars.
Aiit. 5. If any goods belonging to anv na
tion, with which either parties are at war, should
lie loaded on hoard?ve.*seU belonging to the o
ther party, they shall pass free ami unmolested,
and no httempts .shall be made to take or detain
them.
Aht. G. If any citi/en* or subjects with their
<?ftecl*behmging to either |inrtv shall he found
?<m board n prize vessel taken I'rom tin enemy liv
the. other party, such citi/.ens or subjects sltnll
lie liberated immediately, and in 110 cn?c. 00 any
?other pretence whatever shall nnv American ci
tizen uc kept in rr.pt i\ it y or confinement, or the
property of nnv American citlar?*n found on board
of any vessel belonging to any other nation, with
?which Algiers nifty he at war, he detained from
its lawful owners after the exhibition of suffi
cient proof* of American citr/.on?hip and of A
inoricnn proiwrtv h y the consul of the United
State*. residing ai Algiers.
Aht. 7 Proper passport* shall immediately
l>e given io the vessels of huth contracting par*
lies, on condition that the vessels of war, Iteloiig- 1
?ng to the regency of Algiers, on meeting wit!> ,
meirljint vessels, belonging to the citizens of
Hiel*. States of America, shall not l>o permit
ted to vl-it them w ith more than two persons
beside* tho rowers : these only shrill ho nermit
ted to go on hoard with'i'.t ftrst obtaining the
leave, from the commander of said vessel, who
nhall compare the passport, and immediately
permit Vaid vessel til proceed on her voyage j
and hhould any of the subjects of Algiers insult
or molest the commander or any other person
401 hoard a vessel so visited, or plunder any of
the properly contained in her, 011 complaint he.
ing nnule by the consul of the I'. States residing
in Algiers. ami on Id* producing sufficient proof
to substantiate the fact, the commander or Uais
of sind Algei'ine ship or vessel of v ar. as well as
the offender*, slwll l>e punished in the most ex
emplary manlier.
All vowel* of \M\r iH'lonuinjt to the 1". Hfrttea
of America on meeting a (-mi/e.r belonj'infc to"
<!?*? regency of Muter*. on hiwitix*cen her p?iM?
port 4 uiid c clil'irates Iron the ennwil of (he 17.
/ *tat<?*. renidinir in Airier*. *h?ll permit her to
\ .icoed i)i/ her rrtli/.e nnmol<*?ted mid without
(Mention. No pfiKMjiorU shall Ik* by
/either party to any ve**el?, Imt mu ll aa are ?!??
noluMy the property of < ifi/emi or miltjecfn of
the Htilil contracting pin tie*, on any pretence
whnfever.
'? Amt, tt. A citizen of ?nhjcct of either of the
ttmtractiuK parties having brought A pri/.a ve?
aej/rnttdemned by the other partv, or fiv any o
\ thcr nation, the certificate* of condemnation
talid Irirll of *atn xhall he a nullirient paiwport of
tyich ve*w<1 for #?\ month*, which, comnderln#
'4lt0diHtnne,e battveen the two countrien in no
c /Trior e than a reasonable time for her to procure
jfflbroptr purport*.
it Alrt< 9. V?s?etft of cither of tlie contracting
putting into the porta of the other, anil
'having need of provlrfjann, or other attppliea,
llhall be. furnished at the mvtket price f and if
at liberty to land, and re- embark Iter cargo, wi<b
out payiug any customs or duties whatever i?
but in no cft*o Hlutll who bo compelled to land her
cargo.
Aht. 10. Should a vessel of either of the
contracting parties be cant on shore within the
territories or tho. othert ill proper assistance
xliull ho given to Iter crew) no pillfg* snail be
allowed. Tho property shall remain at the dis
posal of tho owners ; and if reshtpped on board
of any \e*sel for cx|H>rtation,no customs ordu
ties whatever nliall be required to be paid there*
on and the crpw shall be protected and succour
ed, until they can be sent to their own country.
Aht. 1 1. *If a vessel of either of the contract
itig parties shall be attacked by an enemy with
in cagnoti shot or the fort* of tlie other, ane shall
l?o protected as much as is possible, If she be
ill port she sh*1 l oot l>e seized or attacked, when
It tata'the power of tho other party to prptcct
Tier* j and, when she proceeda to sea, no enemy
shall he permitted to pursue her fVoni tlie same
Krt, within twenty -four hours after lior depar
re. *
Art. 12. Tlie commerce between tho fJnited
States of America and the Hcgency of Algiers,
tlie protections to l>e given to mercliants, nms
tera of vessels ami seamen, the reciprocal rights
of establishing conoids iu each country, and the
privileges, immunities ami jurisdictions to be
enjoyed by such consuls, ore declared to boon
tlie anmc touting in every respect, with tlie most
favored tuitions respectively.
Aht. 1.). 'Hie ciiiihuI of the United State* of
America *hall not Iks responsible for thu debts
contracted by citi'/.ens of hi* own nation unles*
he previously written obligation* so to do.
Aht. 13. On a vessel or ve**cls of war, de
longini? to the United State*, anchoring lie fore
the city of Algier*, then the toiihuI is to inform
the De'y of his arrival, when *h? shall receive the
salutes which are by treaty or custom given to
the shins of war of the most favored nations,
on similar occasions, and which shall be return
ed gun for gon } and if after sticli arrival, so
announced) any christians whatever* captives in
Algiers, make their escape and take refuse on
board of anv of the ships of war, they shall not
be reqfired back again, nor shall the consul of
the II. States, or commander of said *hip*.he re
<|uired to pay anv thing for the said christian*.
Ajit. 13. As the government of the United
State* of America has in itself no charactcr of
enmity against the laws, religion, or tranquili
ty of anv nation, and as the said states liavo
never entered into any voluntary war Or act of
hostility, except in defence of tfieir just right*
on the high sea*, it i* declared bv the contract
ing parties that no pretext arising from reli
gious opinions nhall ever produce^an interruption
of the harmony existing between the two nations,
and the con*iil* and agents of both nations shall
have liberty to celebrate the rites of their res
pective religion* iu their own houses. -
The consuls repectively shall have liberty and
personal security given them to travel within
the territories of cach other both by. land and
sea, and shall not be prevented from going on
lx> rd any vessels they may think proper to vis
it) they shall likewise have thtfi liberty to ap
point t).eiv own drogotuah and broker.
Aht. 10. In ca*o of any dispute arising from
the violation of any of the articles of this treaty*
no anpeal shall fte'madc to arms, nor shall war
be (ledum! on any pretext whatever | but if
the consul re*iding ut the place where the dis
pute shall hapiH'it, hhall not l>e able to settle the
some, the government of that country shall
?tote their grievance in writing, and transmit it
to the government of the other, and the period
of three month* *hul! he allowed for an*wer* to
be returned, during which time nonet of hosti
lity *hnll be |HM-mittcd by either party ; and iu
ra*e the grievances* are not redressed, and a war
should lie the event, the cou*ul* and citizen*
and subject* of both partie* respect ively, shall
be permitted to embark with llieireffycts unoio
le*tcd, on lM>ard of what vessel or vessels tJiey
*hall think proper, reasonable time being allow
ed for that purpose.
Aht. IT. IT in the course of events, a war
should break out lietween the two nations, flic
prisoners captivated by either party shall not lie
made slaves, they shall not Ik* forced to hard
labor* or other confinement than nuch as may be
necessary to secure their Male keeping and,
mIiiiII be exchanged rank for rank } anil it is
agreed that prisoners shall be exchanged with*
in twelve month)* after their capture i and the
exchange may be effected by any private indi
vidiial legally authorised by either of the particH.
Am-. I H. If any of the flacbary Htate* or oth
er powers at war with the Tinted- State*, shall
capture any American vessel and aend into any
norl of the' Urgency of Algiur*, they nlinll not
lie permitted to Hell her, but shall be forced to
depaif the port, on procuring the requisite sup*
plies of provisions j hut tho vessels of war of
the Cuited States, w itb any priy.es they may
capture from their eiiemicM slioll have liberty to <
frequent the ports of Algiers, for refreshment
of any kimls. and to sell such prizes in the said
ports, without any other customs, or duties,
than such as are ciiKtoiiiury on ordinary colli*
merrinl importations.
Aht. II). If any ??f the citi/ens of the 1'nited
States, or any iierpons under their protection,
shall have any dispute with each other, the con
sul shall deciilr between the parties, and when
ever the consul idiall require any aid or (Const
ance from the government of Algiers to enforce
hi* decisions, it nhall bo immediately granted to
Mm | and if any disputes hliall arise between
any clti/anst of {ho 1'nited States, and the citi
/ens or subjects of any other nation having a
consul or agent in Algiers* stub disputes shall
be Nettled by the consuls or agents of the rea?
pcctivc nation j and any disputes or mi its at
law that may Ifako place netween any citixens of
the Ignited State* and the subject* of the lle
gency of Algiers, shall be decided by the !>ey
in person* ami no other.
Aar. 20, tt a c it fat ft of the Unite*! Ktates
should kill, wound, or strike a subject of Al
giers, or on the contrary # subject of Algiers
should kill, wound, or strike a citizen of the
I 'nited States, the law of the country fUjilake
ritfe,. -I
consul assistftg at tiio trial * but the sentence or
any manner whatever.
.Art. 81. 'ilie Constd'of the 17. 8, of Ame
ricu, shall not be required to pay any customs
or duticti whatever on any thing Ho import* from
a foreign country for the Use of Ids family
Aim . 23. Should any of thu citizen* of- the
United Htates of America, die >ViUdn the limits
of the Kegency of Algiers, the l)ey and his
subjects shall not intei I ere with the property of
tho deceased, but it shall bo under the imhiedi
ate direction of tho consul. unless otherwise
disposed of by will. Should thore beny consul,
the effects shall be deposited in the hands of
some person worthy of truHt until the party
shall appear Mio Iiuh a right to demand them,
wheu they shall reader an account of the pro
perty, neither shall the l)ey or Ids subjects give
hindrance in the execution of any will that may
^Sfow, therefore, bo it known* that'I. James
Madison* President of thu United fetaUji; of
America, having seen and consideied the said
Treaty, have* by and with the advice and con
sunt of tho. Senate, accepted, ratified and- con
Hrmed the saute.* and every clause and article
thereof. . v^-w
In testimony whereof, I have caused tUo
seal of the U. States. to be hereunto aflis -
ed, and liavo signed the same with my
hand. Done at the City of Washington,
(l. s.) this twenty .sixth day Of December,
A. I)* one thousand eight hundred and,
fifteen, and of the Independence of the
United States the fortieth. ' -
^ JAMKS MADISON.
By tlie rreAdent.
Ja>ieh Monhok, 8ecyry of State.
lhmbh Untie From paragraphs which we
have seen in some of tho papers, it wotfld ?j>
pcar that a singular misapprehension prevails hi
regard to the recommendation of tho Secretary
of tho Treasury respecting tho double duties on
imports, viz. that lie proposes that in June next
i the import duties shall return to the rate that ex
isted prior to the war. lie projwses, it is true,
that they shall be extended front February (when 1
they would end of course) until June ; because
by that time*it is summed they may be subMitut
ed by the how Tariff of duties now preparing at
the Treasury, by the direction of Congress.
Tho mercantile gentlemen who have written
on the subject in the new*]>apcrii, will therefore
perceive, That the day mentioned is not too ear
ly for tho discontinuance of the double duties,
(tmwded Congress in the meantime pas* upon
tltttarift) since it is profited to substitute spe
cific duties for them, not less productive in ac
count, but more equitable in their operation, and
better suitcil to the present interests, of the
iat'
I JacftMtt. The ftenet*i, accompn
????? M?a?r IteW, Jiln
i.a ,i.u -Uy ou Sunday, for his
J; Is with great nlea
of the brave Gone
ialateJndisposition,
and uiat tnereirgreat reason t o Imjic, the wishes
of the pnmle of tho United. States will be ac
complished, In Ids speedy restoration to perfect
health. Such, as only know Gen. Jackson as
the brave defender of Ilia country, will be,
perha|>H, pleased to hear, that by* those with
whom he associated in this city, he will long he
remembered with affectionate interest, for his
benevolence of manners, his courteous and dig
nilled simplicity* JVbf. Intel.
OONGIIK88.
IIOI MI OF HKlMtttHllN'I'ATIVI'.li.
Tunrtty, fhtembtr 26.
Mr. Taylor prcbented the report of the com.
mittee oil the contented election of John Adum?,
from tho Htnto of New-York, which reported
(lint Mailt Adams w?h not entitled to a Heat in
tliu house, and that KroHtus Hoot wait entitled to
u Heat in it. Concurred in.,
A bill making iirovirtion for the ctttabliahment
and Hupport of Military Academic*, wa<t receiv
ed from the Semite, arid read a Hi nt time. [Thin
bill propone* that there Hhall be c?tabli*hed fl
a?fn?tii?iiul military academic#? -one within the
f)i*trictof Columbia; one at Mount Dearborn,
in South-Carolina j and one in tho vicinity of
Newport, at the junction of the Ohio and Lick
ing. nvern,Jii the'Htato of Kentucky, with th?s
na mo ottabufthmeiit of officer#, and under the !
same regulation* generally, an tho pr<**cut mili
tary^ academy 5 tin* number of1 Cmlv<? in the
xeveral military academic* never to frxcced in
tho whole the numlier ijf eight hundred.]' *
The following Message wan Vccuivc.d from
the Prenideiit :
To thr Semite ? I funs* of ftepreieflluti t'f ?? I
lay before, Congi-en* tuple# of h iVoi-laimitiou,
notifying the Convention concluded with (It cut'
Itritain, ou the third day of July and that
the name ha* been dulv ratified \ and I recom
mend to Coug>e?? miicIi logiftlative provision* iih
the Couveiilioii may call for on the part of the
rnitedKtiite.it. JAMK8 MADIHON. '
The message and treaty were referred t<) the
committee of Foreign Affair#.
The engrossed bill for the relief of Thomas
nod John Clifford and other#* wan read a third
time, pawed and ncnt to the Senate for thtfr
concurrence.
On inalioii of Mr. Hoh, He solvit, Tlirtt t)io
Secretary. of Htnte lie raqucHtcd tokomniunicAtc
to. thin Houxf, If nny tliiiiK* aitd what Imm been
done* in pumuance of tue net of Con^reM of
the I8(h Aprils 1*1 U entitled ?? an act Author*
ixlng a Mibttcriptioii to an edition of the I^wn of
theT'nWcil State** and for the distribution thefe*
of) ami if any thing hat occurred to delay or
Gcvct the preparation* execution and dfhtrU
lion of the Mid work, to whom and to what
cauHoit in attributable."
H'ritnexfit*, Iht. 27.
Mr. Pleaaaiit* from the Naval committee, re
L the Prexidctit qf
mm
. .'V ?
? preient buU ibte medal*
le, p|id other officer* ?
ornet.ln Je*\i:nony of tl
1 r. 'theirfcierhs deployed i
the capture 01 thb fmtuh Hloapof War l'cngn
in) liiul alao, a hi I rewording (lu* offlcora ai)
crow Hornet, for th* capture and deatructiu
of tho fcloop of Wu1 Puumiln j which Mil an
resolution were twice read ami committed.
On motion of Mr. Yaiicovj the lieuac procec<l
ed.to the corifidettiUou of (lie report of tho com
wittee of tho whole no the hill for compeuaatio
the owner# of private property Iok(, copturci
or destroyed whilHt in tlie aerviee*jf the Unitei
ftthto4 during tho late war. The amendment
made in committee of (lie whole, priucipalb
verbal and not u&Vctin/ tlie Heo*?>, wero concur
rep in, and tut* hill v*an ordered to I>e engroittfei
fyr,? third reading.
y 'Mr. Thoma*, niter Hinting t!u;t a distinctim
not intended by the uovoriiireM, now oxised ii
top law* between aotdicnt of io?* o.":al militnr
age, and those enli?t?>il u'mve ami in-low it, ut
(lev a law panned at a lute period in the wa
moved the following rcHoluti ?n. 41 Hetolvc
That the conimittce on Military nfl'airii be il
strutted to enquire into the 'expediency i
granting donation* of an hundred mid *ixf
acres of land to all pcr?omi under the n;{o of II
anil over that of >15 yearn, enlisted as regitl)
doMiera in tho army of the 1'nited Stales ?
nerve for five years or during the late war, wl
. Have or m iy receive no honorable dischm:^
J e motion waa uv;reed to.
motion of Mr. Thomas, R f solved y Th
remittee oil Military affair*. lie instruct!
fct<> ennuire into thp expediency ?.f providing I
law, fir tl.fr oquiUt le liquidation of all c.lain
agaiu*t thu Quarter Master's Department, ft
rations and forage tarnished to any of the troo)
:?f the United States, whether volunteers, m
litia, or rei^tilar^ by a citizen or citifeonaof th
United States whose vouches are informal.
? EW mitts ...u j iujuiju. i'u , .w ?. .????
LAW INTKM-lfiKXOH. ?
r'to* TJIB *?TIO* it IVrr.LMIItVoi.lt.
IXIMIUT \VT IM'.flsiOX.
?V (WP?i (S 'ti's ?.y K'ff/fi;;-? Thi1 opinio** of
Jud:??n of the General Court of Yir.:i ?' do
?-lining jurisdiction of certain caaosan un
der flu* lawn of llie United States, having ox
cited much remark, the presiding !.i-!';e I .11
been applied to,, by it gentleman of high ?tnti(l %
iug, to furnish (i statemeht of the opinion ofl!u
Court, which I now enclose von, v.itn n rcquc*
that it may And a plan: ill \our paper.
A '?> i' IIHell t lll'.M .
J w'khox, ^ Vpoo n raw niljonnu-'l hi i|h? r.i'rcr I c mi
v*. t'.of Vif(J.ii>a, by tltc- s .iK.-r.ut* Court <
lt?iw, V hto, fTr tin? (kmnt\ of 7.
This caae was adjourned to the last June term
atfd cotitiumed over for c>u>idorati?n to tin
November term. At that t?rm it was nrguet
?iy the tit tonic v for the I'nired states, for tin
district nfwlir^ltiin. Iiefnre the court, consisting
of Judges White, Cnrringtou. .Stuart, Holmes
Mrockenhrough, Allen, Semple. ttamlolph am.
Dahiet t and, at a subsequent day of the same
term*. Judge White delivered the opinion oi
the court, ns nearly an can now lie recollected,
to the following clVect :
ThU in an ur.tion of deht, brought by the
plaintiff to recover a penult* inflicted by m
act of Congress, to insure the eoilectiou of t'i?
revenue of the United States, ^liich penalty
the Maine act says may. under circumstance*
?uch as exist in thin case". lie recovered in a ? ???
court; and the question ?uhmitted t. t'>egemr
rul court is substantially this-: could < oMgr?;to
constitutionally give to a slate court jut i?diclior
over thin case, or can such court be authoi ize<
by an act of Congress to take cogniy.uucv there
of ?
The very Htateme.nl of the question point
out itM extreme delicacy ond "rent importance
It involves the great constitutional rights am
power* of tho general government, an well a
the rights, sovereignty ami independence of th
respective state governments. It calls upoi
this court to mark the limit* which sepaiat
them from each other t ami to make a d?ci*ioi
which may possibly put at ismet upon a urea
coiihtitutioual point, the legislature of the I Jul
ted State**, anil the sopi-onie criminal tribunal o
one of the Mates.
Such n question, involving such consequence*
ought to be nppronched with the utmost circum
Hpection, with the most cool, dispassionate am
impartial investigation, ami with a fixed deter
initiation to render such judgment only an ?hal
be the result of solemn conviction. The tfour
has not liecn unmindful of these things? it hr?
uppnyiched the subject with those feeling*, am
with that determination. It ha<t bestowed it
best consideration* :t % deepest reflection, unoi
It ) and after viewing It in every point or ligh
in which it has foeeti placed by other*, or.it
which the coiirt ha* been able *tu place it, ha
made up an opir^oh in which all the judge
present concur, and which K ha? directed uu
to nronounre. ' ' U
Hut before thnt in done, it will be ncccHRnrji
to lay dawn ami explain cetlaiu principles 011
width It is founded.
Firnt ? It U believed, that tint judicial pouet
of nnv Mtate of natiuu, fornix tin important nor
tftSlft of itn wiver^ignty, and con?i?td in a right
to expound its laws, to apply them to the various
transactions of hum?ti afl'nrK an they arfoe, and
to KUperintend mid enforce their execution ? and
that whorfoever is authorized to perform those
functions to any extent, his of necessity to the
very name extent the Judicial power of that
stale or natjon which authorized him to do ho.
Hccoiidly?Thtit the Judiciary of one separate
and distinct sovereignty, ennno' ot" itself assume,
nor can Atiothtr se|iarate ami distinct sovereign
ty either authorize or c?ierco it to OXercise the
judicial powers of such other separate and din
tiuet sovereignty*
Iti* indeodi true, that the interest of commerce,
and thv mutual ailvantugea derived to all nslions
by tlieir teapfcctlvcly protecting the right of their
of property to the citizens and ? -abject* of each
othef^ whilst residing or trading in their rcaiiec^
live territories, have induced civilized nations
generally to permit their courts to sustain suits
JktitthlJPOBf TfflilHi4 lM foreign coun