Ottoman Algeria in Western Diplomatic History with ... - Bibliothèque

The terms of the treaty of 1815 provided for the abolition of tribute and
biennial presents (art. 1), release of the prisoners in the possession of the two
parties without payment of ransom (art. 2), and indemnifications for losses—of
the Edwin ((art. 3). The treaty also provided for passports but high seas control
was to be effected by two persons only ((art. 7). The treaty also specified that
in the event of future hostilities between the two countries, the captives were
not to be enslaved, but were to be treated as prisoners of war and had to be
exchanged within twelve months after their capture (art. 17). Furthermore, the
treaty contained a most-favored nation clause: during war between the United
States and another power, Algiers was to permit the United States to sell prize
vessels in its ports, but was to deny a similar privilege to the other power (art.
18). It also empowered American consuls to give assistance to citizens of the
United States charged with killing, wounding, or striking a subject of Algiers—
a recognition of the principle of extraterritoriality (art. 19). A sentence against
an American citizen was not to be greater than that against a Turk under the
same conditions (art. 20). 116 As part of the agreement, the Americans promised
to return the Mashouda and Estedio. 117
The second phase started in March 1816 when another squadron brought
the ratified treaty to Algiers for exchange of ratification. The Dey declared it
void as the Americans did not respect the engagement of 1815 about returning
116 For the treaty of 1815 see SaL, 8:224-27, Treaty of Peace and Amity Concluded between the United
States of America and his Highness Omar Bashaw, Dey of Algiers; also Appendix 14. The treaty of
1815 was originally written in English and it is believed that the Dey did not have a Turkish translation.
In the Department of State archives there is no such translation. Miller, Treaties of the United States,
The Avalon Project at Yale Law School.
117 ASP/FA, 4:6, Stephen Decatur and William Shaler to James Monroe, July 4, 1815.
367