The United States oracle of the day — Portsmouth, N.H., 1800-10-18 00:00:00, page 1

Art. V. If the corsairs of Tunis Shall meet
at fca with fllips of war of the United States,
having under their cfcort merchant vcffels of
their nation, they Shall not be searched or mo-
Jested ; and in such case the commanders shall
be believed upon their word, to exempt their
fliips from being visited and to avoid quaran
tine : The American Ships of war Shall a& in
like manner towards merchant vcffels escorted
by the corsairs of Tunis.
Art. VI. If a Tunifinn corsair Shall meet
with an American merchant vcffel, and Shall
visit it with her boat, She Shall not exact any
thing, under pain of being Severely punished :
And in like manner if a vcffel of war of the
United States Shall meet with a Tunisian mer
chant vcffel, She Shall obfeife the fame rule.—
In case a Slave Shall take refuge on board of an
American vcffel of war, the consul Shall be re
quired to cause him to be reftoted ; and if any
of their prisoners Shall escape on board of the
Tunisian vcffels, they Shall be reStored; But if
-any Slave Shall take refuge in any American mer
chant vessel, and it Shall be proved that the ves
sel has departed with the laid Slave, then he
Shall be returned, or his ransom Shall be paid.
Art, VIL. An American citizen having par
chafed a prize-vcffel from our Odgiak, may fail
with cur passport, which we will deliver for the
term of one year ; by force of which our cor
fairswhich may meet with her Shall refpedl her ;
the consul on his part Shall furniSh her with a
bill of sale; and considering the diflauce of the
two countries, this term Shall fuffice to obtain
a passport in form: But after the expiration of
this term, if our corsairs Shall meet with her
without the paflport of the United States, She
Shall be Stopped and declared good prize, as
well the vcffel as the cargo and crew.
Art. VUL If a vcffel of one of the contract
ing parties Shall be obliged to enter into a port
of the other, and may have need of provisions
and other articled, they Shall be granted to her
without any difficulty, at the price-current at
the place ; and if such a vessel Shall have Suffer
ed at fta, and Shall have need of repairs, She
Shall be at liberty to unload, and re-load her car
go without being obliged to pay any duty ; —
and the captain Shall only be obliged to pay the
wages of those whom he Shall have Employed in
loaning and unloading the merchandise.
Art. IX. If by accident and by the permis
sion of God, a vcffel of one of the contrasting
parties Shall be caffby tempest upon the coasts
of the other, and Shall be wrecked, or otherwise
damaged, the commandant of the place Shall
render all poffiblc assistance for its preservation,
without allowing a'ny person to make any oppo
sition ; and the proprietor of the effects Shall pay
the cells of salvage to those who may have been
employed.
Art. X, In case a vcffel clone of the con-
Ira&ing parties shall be attacked by an enemy
under the cannon of the forts of the other party,
She Shall be defended and protested as much as
poffiblc ; and when She Shall set fail, do enemy
foil be permitted to pursue her from the fame
lim Kan, the victorious, son of the Sultan Mou
ftafa, whofc realm may God prosper until the
end of ages, the fappert of Kings, the seal of
, Justice, the Emperor of Emperors.
The most illustrious and most magnificent
Prince, Hamouda Pacha, Bey, who commands
the Odgiak of Tunis, the abode of happincfs,and
the most honored Ibrahim Dey, and Soliman,
aga of the Janissaries, and chief of the Divan,
and all the elders of the Odgiak ; and the most
distinguished and honored President of the Con
gress of the United States of America, the most
distinguished among those who profefs the reli
gion of the Mefiiah, of whom may the end be
happy.
We have concluded between us the prelent
treaty of peace and Jriendfhip, all the articles
of which have been framed by the intervention
of Joseph Stephen Famin, French merchant re
siding at Tunis, charge d'affaires of the United
States of America ; which stipulations and con
ditions are comprized in twenty-three articles,
written and expressed in such manner as to
leave no doubt of their contents, and in such
way as not to be contravened.
Art. I. There Shall be a perpetual and con
flant peace between the United States of Ame
rica, and the magnificent Pacha, Bey of Tunis;
and also a permanent friendfhip, which ffiall
more and more increase.
Art. IL If a vessel of war of the two nations
shall make prize of an enemy vessel, in which
may be found effe&s, property and fubjetfs of
the two contrasting parries, the whole &11 be
restored: The Bey {hall restore the property
and fubjefts of the United States, and the latter
fall make a reciprocal restoration ; it being un
derstood on both sides, that the just right to
what isclaimed fliall be proved-
Art. 111. Merchandize belonging to any na
tion which may be at war with one of the con
tracting parties, and loaded on board of the vef
fcls of the other, fliall pass without molestation,
and without any attempt being made to capture
or detain it.
Art. IV. On both sides fufficient passports
shall be given to vcffels, that they may be known
and treated as friendly; and considering the
diftan.ee between the two countries, a term of
eighteen months is given, within which term
refpea Shall be paid to the said passports, with
out requiring the conge or document (which at
Tunis is called tefta) but after the said term the
conge Shall be piefented.
UNDER the suffices of th- greatest, the
nroft powerful of all the Princes of the Ot
toman nation who reign upon the earth, our
nioft glorious and most august Emperor, who
I'ublijlied by Authority.
And enrolled among, and as a I,aw of
THE UNITED STATES.
commands the two lands and the two seas, Se-
Treaty of Peace and Friendship,
BETWEEN THE
UNITED STATES of AME RICA,
- «fe @lnttch States
PORTSMOUTH, N.H. Printed and Published every SATURDAY
the United States,
AME RICAN INDEPENDENCE, TWENTY-FIFTH YEAR.
(translation.)
GOD IS INFINITE.
KINGDOM OF TUNIS.
SATURDAY, OCTOBER 18, 1800.
OF ALL THE DISPOSITIONS AND HABITS WHICH LEAD TO POLITICAL PROSPERITY, RELIGION AND MORALIT 1 ARE INDISPEN ST BLE SUPPORTS. WASHINGTONS LEGACY.
AND THE
;falute her, the number of guns (hall be fired
which he may request ; and if the said confuL
' does not want a salute, there fliall be no question
about it.
Art. XIII. If among the crews of merchant
vessels of the United States, there ..tall be found
fubje&s 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 Tailors, and not the
palfengers, who shall not be in any manner mo
lefled.
Art. Xl*. A Tunisian merchant, who may
go to America with a vcffel of any nation soever,
loaded with merchandize which is the produc
tion of the kingdom of Tunis, Shall pay duty
(Small as it is) like the merchants of other na
tions; and the American merchants Shall equal
ly pay for the merchandize of their country,
which they may bring to Tunis under their flag,
the fame duty as the Tunisians pay in America.
Blit if an American merchant, or a merchant
of any other nation, Shall bring American mer
chandise under any other flag, he Shall pay fix
per cent, duty •.In like manner, if a foreign mer
chant Shall bring the merchandize of his country
under the American flag, he Shall also pay Six
per cent.
Art. XV. It Shall be free for the citizens of
the United States to carry on what commerce
they plcafe 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 prohi
bited articles: And if any one Shall be detected
in a contraband trade, he Shall be punished ac
cording to the laws of the country. The com
mandants of ports and castles Shall take care,
that the captains and sailors Shall not load pro
hibited articles ; but if this Should happen, those
who Shall not have contributed to the Smuggling
Shall not be molcfted nor searched, no more than
Shall the vcffel and cargo ; but only the offender,
who Shall be demanded to be punished. No
captain Shall be obliged to receive merchandise
on board of his vcffel, nor to unlade the lame
against his will, until the freight Shall be paid.
Art. XVI. The merchant vcffels of the U
nited States which Shall call anchor in the road
of the Gouletta, or any other port of the king
dom of Tunis, Shall be obliged to pay the fame
anchorage for entry & departure which French
vessels pay, to wit : Seventeen piasters and an
half money of Tunis, for entry, if they import
merchandise; and the fame for departure, if
they take away a cargo; but they Shall not be
obliged to pay anchorage if they arrive in bal
lad, and depart in the fame manner.
Art. XVII. Each of the contrasting parties
Shall be at liberty to establish a consul in the.
dependencies of the other; and if such consul
does not a& in conformity with the usages of
the country, like others, the government of the
place Shall inform his government of it, to the
end that he may be changed and replaced ; but
he Shall enjoy, as well for himfelf as his family
and Suite, the protection of the government :—
And he may import for his own use all his pro
vifiohs and furniture without paying any duty ;
and if he Shall import mercbandife (which it
Shall be lawful for him to do) he Shall pay duty
for it.
The fubjeds ^f the two contrasting powers
fliall be under the protection of the Prince, and
under the jurif did ion of the Chief of the place
where they may be, and no other person shall
have authority over them. If the commandant
of the place does not conduct himfelf agreeably
to justice, a representation of it fliall be made
to us. t
In case the government fliall 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 fliall not re
fufe it.
Art. XIX. In case of a citizen or fubjeCtof
either of the contracting parties dying within
the prffefficns of the other, the consul or the
vckil shall take possession of his effects, (if he
does not leave a will) of which he shall make
an inventory ; and the government of the place
But in case he (hall desire the salute, and the
number of guns fliall be fired which he Vnay
have requeued, they fliall be counted and re
turned by the vessel in as many barrels of can
non powder.
The fame fhal! be done with refpe^ to the
Tunisian corsairs when they shall enter any port
of the United States.
Art. XII. When citizens of the United
States shall come within the dependencies of
Tunis, to carry on commerce there, the fame
refpc& shall be paid to them which the mer
chants of other nations enjoy ; and if they wish
to establish themselves within our ports, no op
tyofition fliall be made thereto ; and they shall
be free to avail themselves of such interpreters
as they may judge necessary, without any ob-
Qru&ion, in conformity with the triages of other
nations ; red if a Tunisian fubjedt shall go to
establish himfelf within the dependencies of the
United States, he shall be treated in like manner.
No captain fliall be detained in port against
his consent, except when our ports are shut for
the veffcls of all other nations, which t.iay take
place with refpea to merchant vcffels, but not
to those of war.
If any Tunisian fubjed shall freight an Ame
rican vessel and load her with merchandize, and
shall afterwards want to unlade 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.
Art. XVIII. If the fubjeCts or citizens of
either of the contracting parties, being within
the possessions of the other, contract debts, of
enter into obligations, neither the consul nor
the nation, nor any fobjeds or citizens thereof
shall be in any manner responsible, except they
or the consul shall have previously become bound
in writing : And without this obligation in
writing, they cannot be called upon for indemni
ty or fatisfa&ion.
port, or any other neighboring port, for forty
eigbt'hours after her departure.
. Art. XI. When a vessel of war of the United
Slates of America shall enter the port of Tunis,
and the consul Ihall requel }that the caftic may
ied on the 23d day of April, one thousand
eight hundred, entituled, " Ao aC t to
, ckablilh a General Stamp-Office,"
I. nr HAT a General Stamp-cf
fice is now established at the feat of
government, in the city of Washington, from
whence there will iffuc, from and after the date
hereof, (upon the application of the lupervifors of
the Revenue, under whose management the col
lection of the flamp duties is placed) any quan
tities of paper, parchment and vellum,marked or
stamped, and duly counter-damped, with the
fates of duty which are demandable by law.
11. THAT, the power of tha Sn
pervifors of the Revenue to mark or stamp any
vellum, parchment or paper chargeable with du
ty, will ccafe and determine from and after fix
months from the date hereof, to wit, on the lafl
day of February 1801.
111. THAT, If any person shall, af
ter the lad day of February 1801, have in their
custody or possession any vellum, parchment of
paper, marked or Damped by the Supervisors of
the Revenue, upon which any matter or thing
charged with duty, shall not have been written
or printed, they may at any time within theftace
offtxty day after the said so, day of February I&,
bring 01 fend inch vellum, parchment und pa
per, onto some office of infpeClion, and in lieu
thereof, receive a like quantity or value of vel
lum, parchment & paper, duly slumped, in pur
suance of the a& herein before recited. And in
case any person shall negled or refufe,within the
time aforefaid, to bring or cause to be brought
unto some officer of inlpe&iori, any such vellum,
parchment or paper, it is hereby declared that
the fame will thereafter be of no other effect or
use, then if it had never been marked or Damp
ed, and that all matters and things, which may
after that time be written or printed upon ans
vellum,parchment or paper, authorized to be ex
changed in manner aforefaid, will be of no other
effect, than if they had been written or printed
/ ' under his Signature and the seal of State,
(Seal. ) dated the eighteenth day of December,
'— one thousand liven hundred and ninety
eight, veiled Richard O'Brien, William Eaton,
and James Leander Cathcart, or any two of
them in the absence of the third, with full pow
ers to cooler, negotiate and conclude with the
Bey a&d Regency of Tunis, on certain altera
tions in the treaty between the United States
and the government of Tunis, concluded by
the intervention of Joseph Etienne Famin, on
behalf of the United States, in the month of
August, one thousand Seven hundred and ninety-
Seven, We, the underwritten William Eaton
and James Leander Cathcart (Richard O'Brien
being absent) have concluded on and entered,
in the foregoing treaty, certain alterations in
the eleventh, twelfth, and fourteenth articles,
and do agree to said treaty with said alterati
ons, reserving the fame nevertheless for the final
ratification of the President of the United States,
by and with the advice and content of the Sen
ate.
In testimony whereof we annex our names
and the consular Seal of the United
States. Done in Tunis, the twenty
fixth day of March, in the year of the
Christian era one thousand Seven hun
dred and ninety-nine, and of American
independence the twenty-third.
(Signed) WILLIAM EATON,
JAMES LEANDER CATHCART.
TREASURY DEPARTMENT.)
Washington, SEPT. I, 1800.)
Public notice is Hereby Given,
In pursuance of an aft of Congrcfs, pas-
Art. XXIII. If any difference or dispute
shall take place concerning the infraction of any
article of the present treaty ®n cither fide, peace
and good harmony shall not be interrupted, un
til a friendly application shall have been made
for fatisfadlion ; and resort shall not be had to
arms therefor, except where such application
shall have been rejected ; and if war be then de
clared, the term of one year shall be allowed to
the citizens or fubje&s of the contrasting parties
to arrange their affairs; and to withdraw them
selves with their property.▼
The agreements and terms above concluded
by the two contracting parties, shall be punc
tually observed with the will of the Most High :
And for the maintenance and exact observance
of the said agreements, we have caused their con
tents to be here transcribed, in the present
month of Rebia Elul, of the Hegira one thou
sand two hundred and twelve, corresponding,
with the month of August, of the Christian
year one thousand seven hundred and ninety
ieven.
The Aga Ibrahim Dey's The Bey's
Soliman's Signature Signature
Signature and and and
&1) &.) (Seal.)
Art. XXII. If a dispute or law-suit on com
mercial or other civil matters shall happen, the
trial shall be had in the presence of the consul,
or of a Confidential person of his choice, who
fliall represent him, and endeavor to accommo
date the difference which may have happened
between the citizensor fubje&s of the two na
tions.
shall have nothing to do therewith; And if
there shall be no consul, the effe^s fliall be de
posited in the "hands of a confident person of
the place, taking ah inventory of the whole,
that they may eventually be delivered to thole
to whom they of right belong.
Art. XX. The consul shall be the judge in
all disputes between his fellow-citizens or fub
jc&s, as also between all other persons who may
be immediately Under his proteaion : and in
all cases wherein he shall require the afliftance
of the government where he resides to fanaion
his decisions, it shall be granted to him.
Art. XXI. If a citizen or fubjeft of one of
the parties shall kill, wound, or ilrike a citizen
or fubjea of the other, lattice shall be done ac
co^ling to the laws of the country where the
offence shall be committed . •The consul fliall
be present at the trial; but if any offender shall
efeape, the consul shall be in nd manner respon
sible for it.
No. i.
WHEREAS the President of the United
States of America, by his letters patent,
Vol. XI.
®ratle of fye Dap.
Morning, by CHARLES PEIRCE, Printer of the Laws &c. ot
in New-Hampshire,
That it would please God to bless
this State, proffer our Government,
Agriculture, Commerce, and all our
lawful employments.
That our literary institutions ma,
become more and more eminent in pro
moting Virtue and Piety as well as use
ful Learning, and the rising generation
be duly intruded in the things that be
long to their peace.
That 1% may be preserved from a
busing the favors of our divine Bene
factor, ihew opr gratitude therefor by
a&s ofjuftice, hindnefs and charity, and
that pure and undefiled religion may
universally prevail.
And I do recommend, that all per
sons abstain from labour and recrea
tions unbecoming the solemnity of,the
day.
Groen at the Council Chamber in Exeter, tbis fatb
day of Oaober, one tbonjand eight* hundred, and
of the Independence of the United States of Ame
rica the twenty ,ftb.
John Taylor Gilman.
By Hit Excellency's command, <wiih ofc
vice of Councils
JOSEPH PEARSON Secretary.
In particular to thank Him for the
high privileges we possess under our
confutations of civil government, so
well calculated to promote Liberty and
Happiness, and for the general tran
quility which prevails in our land—For
preferring the life of the President—
For the health generally enjoyed
throughout this State, although some
bf our towns have been greatly afflict
ed with mortal disease—For a comfort
able supply of the fruits of the field
—and above all, for the continuance of
the bleffngs of the gospel of Peace; the
means of Grace and hopes of future
happiness.
And, together with our thanksgiv
ing, that we humbly confefs our trans
gressions, and unite in fervent prayer
to Almighty God, that we may be
deeply inrpreffed with a solemn sense of
the obligations we are under, to im
prove the rich blessings we enjoy, to' His
glory and the good of mankind.
That the people m^y duly confider,
and wifely improve the advantages with
whicli we are so highly diftinguiffied
as a nation, and our common country
be preserved from fadions and licen
tibufnefs.
That the deftroymg fichnefs with
which some of our towns have been
affli&ed may cease, and that we may
have health in our habitations.
A Proclamation.
IN conformity to the long established
and highly laudable custom of set
ting apart some certain day near the
close of the year, when all the people
are invited to assemble themselves toge
ther in their refpedive places of public
worship, that we may unite in Thanks
giving to our bountiful Behefaftor, for
all his kindness towards us, and in fop
plications for Divine favors,
I have thought fit, by and with advice
of Council, to appoint THURSDAY
the thirteenth day of November next,
to be observed as a day of public
THANKSGIVING and PRAYER
throughout this State ; and do earn
estly recommend to Ministers and Peo
ple, of every denomination, that they
religiously dedicate said day and spend
a reasonable part thereof in their respec
tive places of public worship, that We
may unite, with grateful hearts, in ren
dering our sincere thanks to the Crea
tor and Governor of the universe, for
his innumerable mercies.
FEDERAL GOVERNMENT,, TWELFTH YEAR
OWe think the above advertise
ment will be as acceptable to Government, and
much more agreeable to our kind Patrons, than
if we had set it in a large type and run it out to
a whole page. There are but very few people
who are ignorant of the denomination offawfa.
And its being inserted in this manner, lessens
the expense three-quarters.
STATE OF NEW-HAMPSHIRE.
on paper, parchment or vellum, not marked or
tamped.
IV. AND for the convenience of
those persons whd may be inclined to have their
own vellum, parchment and paper tamped or
marked, it is hereby declared, 'that when any
person Ihall deposit Ay vellum, parchment ofc
paper at the office of a supervisor, accompanied
with a lift, fpecifying the number and denomi
nation of the damps ar marks which arc desired
to be thereto affixed, the fame will be transmit
ted to the General Stamp-Office, and there pro
perly marked or ftamned, and forthwith sent
back to the fame supervisor, who will thereupon
colled the duties and deliver the paper, parch
ment or vellum, to the order of the person from
whom the fame was received.
GIVEN und^r mv band, and thefeal oftbe Treas
ury, at WaJbington, the day and year a
(L.S.) bove mentioned.
OLIVER WOLCOTT,
Secretary of tie Treasury.
PRICE I DOLLAR 50 CENTS Per Annum
BY THE GOVERNOR.
A letter from. Vienna ftatcs, that all the
French Emigrants, not excepting the daughter
of LouirXVlt and her husband, have received
orders to quit Russia. Only the Pretender is
allowed to remain, without Court, Ministers
or guards. ._
During the late earthquake at Sumatra, the
sea on the coati was agitated to such excels, as
to be lifted Jify f,' ^'t ^f." W " ""
before known to rife.
Three Quakers arrived at Weymouth on
Thursday ; they accosted his Majesty, and told
him a young friend of theirs, lately from Phila
delphia, expressed a with to fee the King and
his family ; they all met his Majesty. on Satur
day on the Esplanade. The American having
held some conversation with the King, he took
off his hat, and retiring a short dißance, offer
ed up a long prayer for the fafety of his Majes
ty and his house, and in conference of his es
cape from the late attempt agaiuff his life, con
cluding his prayer with a fervency that the
Almighty would bless our Sovereign, continue
him long to be the father of the British Island
and the happiness of his people.
The dysentery continues to carry off great
numbers in the interior country. A benevolent
correfpohdent has communicated the following
recipe, which has flood the test of experience :
" Two ounces conferva of rose buds ; twenty
five drops oil of mint; two drops oil cinna
mon; two drachms Venus treacle, well mixed
together. /Take about the bigntfs of a nutmeg,
once, twice, three or four time a day, as occa
sion may require." ->
The reports refpeding the French invasion
of the Dutch island of Curracoa, are various and
contradictory. The account of the mafficre of
the Americans is highly improbable. It is how
ever certain, that an expedition has failed from
Guadaloupe supposed to be for Curracoa.
Dr. Birch, surgeon of St. Thomas's hospital,
(Pen.) has published a firiking instance of the
success of electricity, for the contraction of the
muscles ;a lad of 18 by a Broke of a large
hammer bruised his thumb to that degree that
the fingers were immoveably contracted ; re
medies applied for weeks proved ineffectual,
when electricity had the desired effeCt ; the
lad was troubled with spasms at different times
for several succeeding weeks, but by daily
shocks, the muscles were at length reflated to
their proper tone.
By one of the foreign vessels arrived
on Wednesday, we learn, that General
Rigaud, had attempted to land at St.
Tago de Cuba, but was prevented, he
then proceed to Batabano, where upon
his landing he was sent with a guard
across the island to the Havannah,
where he now><
KINGSTON, (JAM.) AUG. ZQ.
Late on Wednefuay evening arrived
at Port Royal, his Majesty's ship La
Seine, capt. Milne, having in tow the
French frigate La Vengeance, capt.
Petot, of 50 guns, tier prize. We have
not been able to learn any particulars
from an authentic quarter concerning
the engagement, but the following we
believe may be depended on.—lntelli
gence having been received that La
Vengeance was about to fail from Cur
racoa for France, La Seine was order
ed to sea to meet her if possible, the left
Port Royal on the 19th iiift. and on the
morning of the 20th init. was lucky
enough to difeover her, when the gave
her chace, and come up with her about
midnight, when a smart action took
place, that laded an hour ; La Ven
geance then bore away, and La Seine
again cage up with her early on the
morning of the 21st, and kept up a
running fight until 9 o'clock when (be
came up close upon her quarter and
engaged her at pidol ihot for near three
hours, when she struck ; her mizen and
foremans were carried av+ay in the ac
tion,and the main matt so much wound
ed that it fell overboard two days ..fter.
The conflift was conteftcd with the
greatest obstinacy on both sides, and
it was not until she was a perfect wreck
that La Vengeance struck—The loss
on board La Seine; amounts to 13 kill
ed, one of whom is Mr Milne zd lieut.
and 29 wounded—The French frigate
out of a conplement of 453, has only
brought into port 291 men—On board
La Vengeance jvere five or fix Gene
rals and several other officers of the
French army, who affided whereever
their talents could be of use during the
engagement. La Vengeance had, we
understand near ten feet water in her
hold when she came intd Port Royal.
Capt. Petot, has mentioned, that in
the action he had with the Con deflation,
he struck 3 times, that he f^w her in
the morning; when his ship was entire
ly difmaded, and might have been
mide a prize of, but that the Constel
lation did not appear anxious to renew
the struggle.
RIGAUD at the HAVANNAH.
Further Particulars respecting the Cap-
Articles per Mails
ture of La VENGEANCE.
LONDON, AUG. 10.
boston oct. 7,