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

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1622. England’s relations <strong>with</strong> Algiers were particularly advantageous and<br />

<strong>in</strong>directly rebounded on its colonies <strong>in</strong> North America. In 1682, Admiral<br />

Arthur Herbert negotiated a Treaty of Peace and Commerce <strong>with</strong> Baba Hassan,<br />

Dey of Algiers. The terms of the treaty, which were renewed <strong>in</strong> subsequent<br />

treaties until 1816, provided protection for the vessels of the signatories but it<br />

also explicitly <strong>in</strong>cluded the American colonies, then reorganized as Dom<strong>in</strong>ions.<br />

Article I of the treaty stipulated that<br />

It is agreed and concluded, that from this day, and for ever forwards,<br />

there be a true, firm and <strong>in</strong>violable peace between the most Serene K<strong>in</strong>g<br />

of Great Brita<strong>in</strong> and the most illustrious Lords, the Bashaw, Dey, Aga,<br />

and Governors of the City and K<strong>in</strong>gdom of Algiers and between all the<br />

Dom<strong>in</strong>ions and subjects of either side, and that the ships or other<br />

vessels, and the subjects and people of both sides, shall not henceforth<br />

do to each other any harm, offence or <strong>in</strong>jury, either <strong>in</strong> word or deed, but<br />

shall treat one another <strong>with</strong> all possible respect and friendship. 27<br />

Indicative of the large privileges the English enjoyed at Algiers is the<br />

leniency, not to say impunity, the treaty bestowed on English subjects <strong>in</strong><br />

matters of adm<strong>in</strong>istration of justice. Like capitulations <strong>with</strong> the <strong>Ottoman</strong><br />

Empire, jurisdiction <strong>in</strong> civil and crim<strong>in</strong>al cases among English subjects at<br />

Algiers was exclusively reserved to the Consul: if “they [English subjects]<br />

happen to be at difference between themselves, <strong>in</strong> which case they shall be<br />

liable to no other determ<strong>in</strong>ation but that of the Consul only.” 28<br />

In cases<br />

<strong>in</strong>volv<strong>in</strong>g nationals (Turks or Moors), however, they would be liable to the<br />

Dey. Article XVI of the treaty permitted them, implicitly, to evade justice: “but<br />

if he [the one who committed crime] escape [sic], neither the said English<br />

27 Hertslet, Collection of Treaties and Conventions, p. 58.<br />

28 Ibid. p. 62, Treaty between Great Brita<strong>in</strong> and Algiers, signed at Algiers, April 10, 1682, Article XV.<br />

168

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