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tres, à l'usage de la liberté individuelle acquise à celui qui serait vena sur son vaisseau, commettrait le crime de violence publique, et serait puni, aux termes des paragraphes 78 et 79 du livre ler du Code Pénal, d'un an à cinq ans de prison dure. Si un Capitaine de Vaisseau Autrichien, ou tout autre Sujet de Sa Majesté Impériale et Royale, exerçait un commerce continu d'Esclaves ou qui y eût rapport, la peine pourrait être élevée à 10 ans, et même, suivant les circonstances aggravantes, à 20 ans.
III. Comme, aux termes du paragraphe 4 du livre 1er du Code Pénal, le crime existe par la méchanceté du malfaiteur, indépendam. ment de la condition de celui sur lequel il est exercé, le Sujet Autrichien qui porterait atteinte à la liberté corporelle d'un Esclave d'un manière quelconque réputée délit ou crime par les Lois Autrichiennes, encourrait les peines que le livre 1er du Code Pénal prononce en pareil cas.
IV. Des sévices moindres exercés par un sujet Autrichien envers un Esclave, seraient, conformément au paragraphe 173 du livre 2d du Code Pénal, punis d'une amende de 5 à 100 florins, ou de trois jours à un mois d'arrêts. En cas de récidive, ou si les sévices exigeaient plus de rigueur, on pourroit ajouter aux arrêts, le jeûne ou une réclusion plus rigoureuse.
V. Les présentes dispositions sont aussi applicables aux prisonniers de guerre, qui sont traités comme Esclaves par la partie belligérante au pouvoir de laquelle ils sont tombés.
VI. Les étrangers qui se rendraient coupables du crime de violence publique, ou des autres délits ci-dessus spécifiés, envers un Esclave, soit sur le territoire des Etats Autrichiens soit sur un Vaisseau Autrichien, seraient, conformément au principe général exprimé au paragraphe 31, livre ler du Code Penal, passibles des mêmes peines que les sujets Au. trichiens. Les étrangers qui, après s'être rendus coupables de pareils crimes à l'étranger, viendraient à toucher le sol Autrichien, seraient, aux termes des paragraphes 33 et 34 du livre 1er du Code Pénal, artetés pour être remis au Gouvernement du Pays où le crime ou délit a été commis.
Si l'on refusait de les recevoir, on procéderait contre ces étrangers, conformément aux dispositions du Code Pénal Autrichien, et l'on ajoutera toujours le bannissement après l'expiration de la peine. Dans le cas où les Lois du Pays où le crime ou délit a été commis, prononceraient une peine moindre que celle portée par les Lois Autrichiennes, on suivra les dispositions de la loi la moins rigoureuse.
Vienne, le 7 Août, 1826. AUGUSTIN REICHMANN, BARON DE HOCHKIRCHEN,
Président du Gouvernement.
E. COMTE DE HOYOS, Conseiller de Gouvernement et Directeur de Chancellerie.
EXPLANATORY ARTICLES to the Treaty of Peace between Great Britain and Morocco' of 14th June, 1801.* Signed at Fez, 19th January, 1824.
The preceding Treaty was produced before the Supreme Lord of the Believers, Emperor of the Muselms, the Honorable Emperor Mu. lana Abderahman Ben Mulana Hisham, Ben Mulana Mohamed Benabdala, Ben Mulana Ismael, whom may God protect,—on the part of His Majesty the King of Great Britain, King George the Fourth, by James Sholto Douglas, his Ambassador, and his Cousul residing at Tangier, for the purpose of renewing and confirming the Treaty of Peace which has so long subsisted between the two Governments, as it appears in the present Treaty, consisting of 41 Articles, produced by the said Consul, sealed by our sanctified Lord Mulana Soliman, whom may God have in his glory.
His Majesty the Emperor of the Faithful has been pleased to order, that the said Treaty should be read in his presence, for His Majesty's information, and after having heard the contents of the different Articles, one by one, le approves of what his Uncle has done for the benefit of the Subjects of both Nations, and confirms the said Treaty, from the 1st Article, wherein it is mentioned, that His Britannick Majesty shall have one or more Consuls in the Empire of Morocco, to Article 41 inclusive, excepting the two Articles seven and eight, which have been altered as follows:
Art. VII. All disputes that may arise between Moorish and British Subjects, shall be decided by the Governor of the Place, the Chief Judge, and the British Consul, and in case either of the Parties disapprove of the decision, he is at liberty to appeal to the Emperor.
VIII. If any dispute arise between Moorish and British Subjects, or those under His Britannick Majesty's protection, and that serious personal injury be experienced by either party, in consequence of such dispute, the Emperor of Morocco alone shall decide the Cause. If the English Subject be guilty, he shall not be punished with more severity than a Moor would be. If the offender make his escape, no other British Subject shall be apprehended in his stead. If the offender escape, before or after condemnation, from fear of punishment, he shall be subject to the same sentence as a Moor would be under similar circumstances. Should any dispute occur in the British Territories, the matter shall be decided according to the laws and customs of England, with liberty to make the customary appeals.
This concludes the two before-mentioned Articles.
Ratified by the Emperor of Morocco, at the Imperial Palace at Fez, the 18th Jumad the First, 1239.-A. D. 19th January, 1824.
JAMES SHOLTO DOUGLAS. * See Commercial Treaties, Vol. 3, Page 17.
DECLARATION of the Bey of Tunis to the British Consul, &c. respecting the Purchase and Sale of Slaves.
1st January, 1824. From the Adorer of God Almighty, and who hopes for his mercy, Mahmoud Bashaw, Bey of Tunis, to Captain Gowan William Hamilton, commanding the British Squadron, at present at the Goletta, and to the English Consul at Tunis, Alexander Tulin.
We have received your Letter dated the 29th December, 1823, containing a new Article regarding Greek Slaves; that they are not to be bought or sold, and that we are not to allow any one in our Country to make Slaves, during the existing War in Greece, with our master, the Ottoman Sultan : and you also ask of us that, in case of any future War with any Kingdom, we are not to receive any Slave which may arrive in the Ports of our Dominions on any Ship of whatever Nation, although you have seen the Letter which we have received from the Captain Bashaw, and know its contents. However, we shall observe our promises, that if any Slaves, Christians, or Greeks, should arrive here in future, we shall neither sell them, nor allow any one to buy them, but we shall keep them as prisoners of War until Peace shall be made, and then they shall return us those they have, and we shall return them those we have, without any ransom; and this we do contrary to the orders of our master the Sultan; but in consideration of the ancient friendship which subsists between us, we shall fulfil this, eren were we to experience any displeasure from our master, the Sultan, as the Greeks are his Subjects; but notwithstanding, out of regard for you, we have hereby agreed to your demands, in consideration of the friendship which has subsisted between us for such a long time.
Done at Bardo, the 21st of the Moon, Rebia-Teni, 1239 of the Hegira; the 1st of January, 1824, of the Christian era. Accepted, on the part of the British Government.
GOWAN WILLIAM HAMILTON. ALEXANDER TULIN, British Pro Consul.
DECLARATION of the Bey of Tunis, respecting the administration of Justice to British and Sardinian Subjects.
7th January, 1824. From the Adorer of God Almighty, and who hopes for his mercy, Mahmoud Bashaw Bey, Master of Tunisian Africa. We declare to have added a new Article to the Treaty with the British Government, which is, that if any British Subject commits any fault for which he may deserve death, we shall inform the British Consul two days before we give the sentence, in order that he may be present at the trial. And if he must then suffer death, a period of two days will also be allowed him before he is executed. We shall not prevent any one from speaking to him, and after his death his body may be taken by his countrymen,
without any one's insulting it. And the Sardinian Subjects will be treated like the English, as their Treaties are like those of England.
Done in the beginning of the Moon, Jumed Owel, 1239 of the Hegira; the 7th January, 1824 of the Christian Era.
(Seal of the Bey.)
DECLARATION of the Bey of Tunis, to the British Consul, explanatory of his Treaty with The United States.
9th September, 1825. To our estimable and respected friend, Sir Thomas Reade, ConsulGeneral, resident in our Regency from the English Government.
The Letter you wrote to our Son, Hossein Bash Mameluk, has been received, and has been read before us, wherein you say that the 12th Article concluded with the American Government,* ought not to alter the 2d Article of the Treaty concluded with the English Admiral Free. mantle, (in 1812.)+ I inform you that the 12th Article concluded with
* Article 12 of the Convention between The United States and Tunis, signed at Bardo, 24th February 1824.— 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 theroto, 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 sball go to establish himself within the Dependencies of The United States, be shall be treated in like manner. If any Tunisian Subject shall freight an American Vessel, and load her with merchandise, and shall afterwards want to upload or ship them on board of another Vessel, we shall not permit him until the matter is determined by a reference of mercbants, who shall decide upon the case, and after the decision, the determination shall be conformed to.
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.
The Subjects and Citizens of the two Nations, respectively, Tunisians and Americans, shall be protected in the places where they may be, by the Officers of the Government there existing ; but, on failure of such protection, and for redress of every injury, the Party may resort to the chief authority in each Country, by whom adequate protection and complete justice shall be rendered. In case the Government of Tunis shall have need of an American Vessel for its service, such Vessel being within the Regency, and not previously engaged, the Government shall have the preference, on its paying the same freight as other merchants usually pay for the same service, or at the like rate, if the service be without a customary precedent.
+ Art. 2. The private Ships of War of the Belligerent Powers shall not make sail from any Port, Place, or part of the Coast, belonging to the Regency, until 24 hours after the departure of all Vessels belonging to Powers with which they may be at War, nor shall they depart, even after that period of time, if any Ship should be in sight of a Port, Bay, or Shore of this Regency, detained by calms, contrary wind, or any other inevitable circumstance.
the Americans, is in no respect at variance with the 20 Article arranged with the English. We have granted that Article solely to the end that American Ships and Subjects may, in all cases, be treated and favoured equally with French and English Subjects, and be respected and protected in our Kingdom. Wherefore I write you this Letter, and salute you.
Given the 26th of the Moon Moharem, 1241, corresponding with the 9th September, 1825.
(L.S.) HASSAN PACHA.
DECLARATION of the Bey of Tunis, respecting the treatment of British Subjects and Vessels.- 13th April, 1826.
To our most faithful Ally and true Friend the King of Great Britain and Ireland.
Whereas it has been represented to us that a gross insult has been offered to the British Flag, in the instance of the British Vessel the Mark Anthony, in violation of the Treaties subsisting between us and His Majesty the King of Great Britain and Ireland, we do hereby deny all knowledge of such outrage, and in testimony of our sincere regret at its occurence, we desire to offer to His said Majesty the King of Great Britain and Ireland, our formal assurance that we will take measures for preventing a repetition of such proceedings, by strictly charging and enjoining all and every our Officers and other Persons, owing to us duty and obedience, to refrain at their peril from molesting or injuring, by word or deed, any British Subjects, their Vessels, or their property, within our Territories; but, on the contrary, to shew them all due respect, in conformity with the Treaties and with our intentions. Whoever infringes this order shall be most severely punished. All safety is in God!
Written in the month of Ramadan, 1241 of the Hegira. A.D. 13th April, 1826.
(L.S.) HASSAN, Bashaw Bey. T. READE, H. B. M.'s Agent and Consul-General.
BRITISH Order in Council, exempting the Vessels and Boats
of certain Foreign Nations from Anchorage Dues, in Guernsey, Jersey, Alderney, and Sark.-10th May, 1827. At the Court at St. James's, the 10th day of May, 1827.
PRESENT, THE KING'S MOST EXCELLENT MAJESTY IN COUNCIL.
WHEREAS certain dues and duties are payable to His Majesty within the Islands of Guernsey, Jersey, Alderney, and Sark, upon the