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by confents may be carried on between the United States and his iflands in the WeftIndies, in the manner and on the terms and conditions therein fpecified, fhall be fufpended.

EXPLANATORY ARTICLE. "WHEREAS by the third article of the treaty of amity, commerce and navigation, concluded at London, on the nineteenth day of November, one thoufand feven hundred and ninety four, between his Britannic Majefty and the United States of America, it was agreed that it fhould at all times be free to his Majefty's fubjects and to the citizens of the United States, and alfo to the Indians dwelling on either fide of the boundary line, affigned by the treaty of peace to the United States, freely to pafs and repafs by land or inland navigation, into the refpective territories and countries of the two contracting parties, on the continent of America, (the country within the limits of the Hudfon's Bay company only excepted) and to navigate all the lakes, rivers and waters thereof, and freely to carry on trade and commerce with each other, fubject to the provifions and limitations contained in the faid article: And whereas by the eighth article of the treaty of peace and friendship concluded at Greenville, on the third day of Auguft, one thousand feven hundred and ninety-five, between the United States and the nations or tribes of Indians, called the Wyandots, Delawares, Shawanoes, Ottawas, Chippewas, Putawatimies, Miamis, Eel-River, Weeas, Kickapoos, Piankafhaws and Kaskaskias, it was ftipulated that no person should be per

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mitted to refide at any of the towns or hunt ing camps of the faid Indian tribes, as a trader, who is not furnished with a licenfe for that purpose, under the authority of the United States: Which latter ftipulation has excited doubts, whether in its operation it may not interfere with the due execution of the faid third article of the treaty of amity, commerce and navigation: And it being the fincere defire of his Britannic Majesty and of the United States, that this point thould be fo explained, as to remove all doubts, and promote mutual fatisfaction and friendship: And for this purpofe, his Britannic Majefty having named for his commiffioner, Phineas Bond, Efquire, his Majesty's Conful General for the middle and fouthern states of America, (and now his Majesty's Chargé d'Affaires to the United States) and the Prefident of the United States having named for their commiffioner, Timothy Pickering, Efquire, Secretary of State of the United States, to whom, agreeably to the laws of the United States, he has intrufted this negociation; They, the faid commiffioners, having communicated to each other their full powers, have, in virtue of the fame, and conformably to the spirit of the last article of the faid treaty of amity, commerce and navigation, entered into this explanatory article, and do by these prefents explicitly agree and declare, That no ftipulations in any treaty fubfequently concluded by either of the contracting parties with any other state or nation, or with any Indian tribe, can be understood to derogate in any manner from the rights of free intercourse and commerce, fecured by the aforefaid third article of the treaty of amity, commerce and navigation, to the fubjects of his Majesty and to VOL. II.

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the citizens of the United States, and to the Indians dwelling on either fide of the boundary line aforefaid; but that all the said persons fhall remain at full liberty freely to pass and repass by land or inland navigation, into the refpective territories and countries of the contracting parties, on either fide of the faid boundary line, and freely to carry on trade and commerce with each other, according to the ftipulations of the faid third article of the treaty of amity, commerce and navigation.

This explanatory article, when the fame fhall have been ratified by his Majefty, and by the Prefident of the United States, by and with the advice and confent of their Senate, and the respective ratifications mutually exchanged, fhall be added to, and make a part of the faid treaty of amity, commerce and navigation, and fhall be permanently binding upon his Majefty and the United States.

IN WITNESS whereof, we, the faid Commiffioners of his Majefty, the King of Great-Britain and the United States of America, have figned this present explanatory article, and thereto affixed our feals. Done at Philadelphia, this fourth day of May, in the year of our Lord one thousand seven hundred and ninety-fix.

P. BOND,

(L. S.)

TIMOTHY PICKERING, (L. S.)

A Treaty of Peace and Amity

BETWEEN THE

DEY OF ALGIERS

AND THE

UNITED STATES OF AMERICA.

A TREATY OF PEACE AND AMITY Concluded this present day I-ima artafi, the twenty-firft of the Luna fafer, year of the Hegira 1210, correfponding with Saturday the fifth of September, one thousand feven hundred and ninety-five, between Haffan Bafhaw, Dey of Algiers, his Divan and Subjects, and George Washington, Prefident of the United States of North-America, and the Citizens of the faid United States.

F

ARTICLE I.

ROM the date of the prefent treaty, there

eftablished.

fhall fubfift a firm and fincere peace and Peace amity between the Prefident and citizens of the United States of North-America, and Haffan Bashaw, Dey of Algiers, his Divan and fubjects; the veffels and subjects of both nations reciprocally treating each other with civility, honor and refpect.

ARTICLE II.

courfe

All veffels belonging to the citizens of the CommerUnited States of North-America, fhall be per- cial intermitted to enter the different ports of the Re- regulated. gency, to trade with our fubjects, or any other perfons refiding within our jurisdiction, on paying the ufual duties at our custom-house that is paid by all nations at peace with this Regency; obferving that all goods difem

Veffels of

to país unmolefted.

barked and not fold here fhall be permitted to be reimbarked without paying any duty whateither for difembarking or embarking. All naval and military ftores, fuch as gunpowder, lead, iron, plank, fulphur, timber for building, tar, pitch, rofin, turpentine, and any other goods denominated naval and military ftores, fhall be permitted to be fold in this Regency, without paying any duties whatever at the custom-houfe of this Regency.

ARTICLE III.

The veffels of both nations fhall pass each each nation other without any impediment or molestation; and all goods, monies or paffengers, of whatfoever nation, that may be on board of the veffels belonging to either party, fhall be confidered as inviolable, and fhall be allowed to pafs unmolested.

ports of veffels & thips of war fhall be

and to

granted

ARTICLE IV.

All fhips of war belonging to this Regency, How paff on meeting with merchant-veffels belonging to citizens of the United States, fhall be allowed to vifit them with two perfons only beexamined, fide the rowers; these two only permitted to whom to be go on board faid veffel, without obtaining exprefs leave from the commander of said vessel, who fhall compare the paffport, and immediately permit faid veffel to proceed on her voyage unmolefted. All fhips of war belonging to the United States of North-America, on meeting with an Algerine cruifer, and shall have seen her paffport and certificate from the Conful of the United States of North America, refident in this Regency, fhall be permitted to proceed on her cruise unmolested: no paffport to be iffued to any ships but fuch as are abfolutely the property of citizens of the United States and eighteen months shall be

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