Operation Argument, the "Big Week", concluded. The last raid was as combinedone by the US 8th and 15th Air Forces on the Messerschmidt works at Regensburg and Augsburg followed by the RAF hitting the same target that night.
Regarded as an Allied victory, actual results
On 2/20 the 1st, 2nd and 3d Bombardment group failed to reach its target and attacked their secondary targets.
On 2/21 all the 924 bombers launched failed to hit their assigned targets and all hit secondary targets.
On 2/22, 252 B-24s were assigned targets, but only 177 were launched and only 74 saw combat action. None of the 33 B-17s in the 3d Bombardment Division reached their targets as they were all recalled due to weather conditions.
2/23. All operations were suspended due to bad weather.
2/24. The RAF conducted an ineffective raid on aircraft plants at Schweinfurt.
2/25/26 The RAF carried out an accurate and effective raid on Augsburg, destroying 60% of the city. It had been hit earlier than day by the 8th and 15th U.S. Air Forces.
During the offensive, the Eighth Air Force lost 97 B-17s, 40 B-24s and another 20 aircraft were scrapped due to damage. Operational strength of bomber units dropped from 75% to 54%. The 15th Air Force lost 14.6% of its operational strength. RAF Bomber Command, which of course operated at night, lost 5.7% of its strength. It is noted by historians that these losses were significantly smaller than prior raids.
German losses were massively overestimated by Allied aircrews, something that was highly typical. However, the Germans did sustain high losses of fighters overall, with the mission partially designed to draw in fighter attacks. 14% of its fighter pilots were killed in the raid, a loss that ended up partially crippling the Luftwaffe for the remainder of the war.
The accidental bombing of Nijmegen was a humanitarian disaster. Perhaps somewhat ironically, Queen Wilhelmina's home in exile was bombed on this day by the Luftwaffe, and she narrowly escaped death.
The B-17 Nine-O-Nine, which has appeared here in prior photographs, back at the Natrona County International Airport.
The Republic of Iceland was founded with the Icelandic parliament, severing ties with the Danish monarchy. A referendum in May would make it official.
The Tango Maru was sunk in the Java Sea by the Rasher, taking 3,500 Japanese laborers and hundreds of Allied POWs down with her. The Rasher also sank the Ryūsei Maru that same day with 5,000 Japanese soldiers going down with her.
The HMS Inglefield was sun by a guided bomb off of Anzio.
I've traveled it countless times myself, that stretch of highway between Laramie and Ft. Collins.
It's not a great road.
Yesterday, three UW swimmers were killed in a single-vehicle crash on U.S. 287 in northern Colorado. Two more were injured. They were 18, 19, and 21.
In September of 2001, eight members of UW’s cross-country team were killed in a two-vehicle collision south of Laramie on U.S. 287 near Tie Siding.
In September 2010, UW football player Ruben Narcisse, 19, of Miami, Florida, was killed on U.S. 287 six miles south of the Wyoming state line after the driver of the vehicle he was a passenger in fell asleep. That one, I guess, you can't blame on the road.
Seems like something should be done.
Appendix:
Governor Gordon Issues Statement Following Fatal Car Accident Involving University of Wyoming Swimmers
CHEYENNE, Wyo. – Governor Mark Gordon has issued the following statement after learning of a single-vehicle car accident that claimed the lives of three members of the University of Wyoming swim team on Thursday on U.S. 287 in northern Colorado.
“I am heartbroken to learn of the tragic deaths of three University of Wyoming student athletes in a motor vehicle accident on US 287 in Colorado. Jennie and I join the entire university community and all of Wyoming in mourning this loss, and we ask you to keep their families, friends and loved ones close to your hearts during this difficult time.”
Dick Proenneke may be the ultimate modern subsistence hunter and fisherman in so far as the Western World is concerned.
Proenneke was born in Iowa in 1916. His father was sort of a jack of all trades laborer, which is and was common to rural areas. His father was also a veteran of World War One. Dick followed in his father's footsteps prior to World War Two, leaving high school before graduation, something extremely common in that era (less than 50% of males graduated from high school prior to World War Two He joined the Navy in World War Two and took up hiking around San Francisco while recovering from rheumatic fever contracted in the service. Having the disease was life altering for him, as he became focused on his health. He received a medical discharge from the Navy in 1945.
After the war he became a diesel mechanic, but his love of nature caused him to move to Oregon to work on a sheep ranch, and then to Shuyark Island, Alaska, in 1950. From 1950 to 1968 he worked for a variety of employers, including the Navy and the U.S. Fish & Wildlife Service. He moved to the wilderness in 1968, at age 52, the year that in many ways gave us the Post Post World War Two World we are now seeing collapse. He lived there, as a single man, until 1999, when old age forced him out of the woods and to his brother's home in California. He died in there in 2003, at age 86. His cabin now belongs to the Park Service.
Proenneke loved photography and left an extensive filmed record of his life in Alaska.
There's a lot that can be gleaned from his life, some of which would probably be unwarranted, as every person's life is their own. Having noted that, however, it should be noted that Proenneke is not the only person to live in this manner in Alaska's back wood, including up to the present. So he's not fully unique, but rather his high intelligence and filmed record has made him known.
It's also notable, fwiw, that he was a single man. Basically, if looked at carefully, his retreat to the woods came in his retirement, as he had very low expenses up until 1968, and had worked for the government for many years. He never married, so he never had a family or responsibilities of that type. Many of the men who live in wild Alaska have married into native families, so their circumstances are different.
Probably every young man who loves the outdoors has contemplated doing something like what Proenneke actually did, while omitted the decades of skilled labor as a single man that came before it. And in reality, Proenneke, had lived over half his life as a working man with strong outdoor interests, rather than in the wilderness. People really aren't meant to live the way he lived, in extreme isolation, save for a few.
Having now listened to it, Governor Gordon's State of the State, it was clearly disappointing. I can't strongly recall Governor Gordon's prior State of the State speeches, but this was clearly in the category of "red meat" for an intended audience.
The speech pitched to the far right and was full of Wyoming v. The Biden Administration invective, promising lawsuits against the Federal Government and the like, and promising that Wyoming's fossil fuel industry would be relevant in its current form forever. Gordon only hinted on industry changes being necessary for its survival, but otherwise declared that people have to depend on us whether they like it or not. Gordon knows better, so it was truly a political speech.
Interestingly, it's drawn criticism from some on the far right for being hypocritical. And there's some merit to that claim. Gordon has been under fire from the far right for his Carbon Neutrality discussions recently, and rather cynically tried to recast his statements.
"State of the _________" speeches are, quite frankly, approaching the worthless point, if in fact they did not do so sometime ago, as those delivering them just won't be honest in them. Everyone would be stunned if a President gave one that said something like "ladies and gentlemen, I'm here to report the State of the Union is imperiled, and It's because you either won't tell the truth or don't know what it is" or "I'm Gov. Jones, and oh boy, there are a bunch of problems here to solve".
The budget information was, however, interesting.
The Senate voted 17-14 to reinstate Sen. Dave Kinskey, R-Sheridan, as chairman of the Legislature’s most powerful committee after President Ogden Driskill, R-Devils Tower, unilaterally stripped Kinskey of the position last April. This removed Sen. Tara Nethercott who had been chosen to replace Kinskey.
House Bill 63 outlawing child sex change (mutilation) surgeries failed to secure enough votes for introduction because, oddly, the Freedom Caucus opposed it for not going far enough and House Democrats opposed it for going too far, thereby giving an example of the perfect being the enemy of the good.
February 21, 2024.
House Bill 203, paased the House Revenue Committee. The Bill exempts $200,000 of the fair market value of the assessment of single-family residential properties for this current tax year and $1,000,000 of fair market thereafter in exchange for an additional 2% sales tax.
I have mixed ffeelings about this bill, and I'm mostly mixed against it. Wyomingites fail to appreciate how much they actually depend on tax revenues simply for local governments to function and also are in the odd situation of not equating a host of things that encourage property value inflation with things they don't like. Basically, a lot of Wyomingites would like the state to remain what it was in some priro decade (and I confess I hold those views) while also having booming local economies and the like. Things have to give somewhere, and where they've been giving is in inflating property values. Removing $1M in valuation in this fashion will actually encourage that, and bring about additional problems.
Most people will like the bill, however, until they pay the sales tax, and then they'll be made about that.
The legislature really hit the op eds this morning.
A bill mandating power plants to carbon capture, which is thought of as a way to save coal fire plants and hence coal, was criticized by an engineer as unworkable in the Trib.
Whether its unworkable or not, as a technology, it's likely not cost productive, although I'm not an engineer and can't venture a qualified opinion.
The Freedom Caucus criticized Governor Gordon's budget as unworkable and unsustainable.
Generally, the far populist right is hostile to government in general, and a favorite concept of it has been to "starve" the government to death. That's been tried repeatedly at the Federal level, where it's been forgotten that the Government can just borrow money, mostly from the Chinese, so it still dines out, just on The Bank of the Public Credit Card. At the local level, however, it can't do that.
Frankly, I've never seen a Wyoming budget that I regarded as containing much fat, so I'm skeptical that this is a big budget. One item, a raise in government employees salaries, is definitely not unwise spending. The state's employees are under compensated, and sometimes I wonder how they even get by. Basically all this budget does is to try to catch up, which it doesn't, but at least it does something.
The list of things specifically complaints of is interesting. Other than an increase in salaries, they are, and we quote:
"$21.8 million for a new gun/firing range.
$10 million in ‘contingency.’
$38 million for “affordable housing.”
$7.5 million to build a new helibase."
I'm not keen on a couple of these things. The "gun/firing range" is the range at the Law Enforcement Academy. It needs to be rebuilt. I'm for that.
But to call it a "gun/firing range" is revealing.
I've noted before the FC is mostly made up of imports from out of state. Nobody familiar with firearms calls a shooting range a "gun/firing range".
$10,000,000 for contingency seems like a pretty good idea to me.
The money for affordable housing does not, but again probably not for the reasons that the FC views it. Rather, Wyoming has long catered to a weird concept that we can boost industry, bring in people, while keeping everything, including the population size, the same. That's obviously impossible.
Housing follows demand, and this is a byproduct of what we asked for. If we don't like getting what we asked for, we ought to modify that. Government funded housing probably isn't the answer to that.
$7,500,000 is to update the helibase for fighting wildland fires, of which we've been getting a lot.
I'm for that.
Something final to note.
The budget is bigger because of inflation.
Inflation was caused by a global pandemic followed by Donald Trump's political paramour Vlad Putin invading Ukraine.
Things cost more than they used to. A budget needs to reflect that.
Regarding a bill to defund UW's Gender Studies and Diversity Office, Sen. Charles Scott stated:
This kind of program was the principal agent of introducing that rot, introducing a faculty that is without diversity of opinion, that is a monolith of wokeness. We’re seeing this rot affect the University of Wyoming.
He also stated that he's discouraging people from attending UW.
February 23, 2024
Chloe's Bill, which was one of two bills seeking to prohibit underage gender mutilation last general session, has cleared committee in this session. It provides:
AN ACT relating to public health and safety; prohibiting physicians from performing procedures for children related to gender transitioning and gender reassignment; providing an exception; providing that gender transitioning and reassignment procedures are grounds for suspension or revocation of a physician's or health care provider's license; providing definitions; specifying applicability; requiring rulemaking; and providing for effective dates.
Be It Enacted by the Legislature of the State of Wyoming:
Section 1. W.S. 35‑4‑1001 is created to read:
ARTICLE 10
GENDER‑RELATED PROCEDURES
35‑4‑1001. Gender transitioning and reassignment procedures for children prohibited.
(a) As used in this section:
(i) "Child" means a person who is younger than eighteen (18) years of age;
(ii) "Health care provider" means a person other than a physician who is licensed, certified or otherwise authorized by Wyoming law to provide or render health care or to dispense or prescribe a prescription drug in the ordinary course of business or practice of a profession;
(iii) "Physician" means any person licensed to practice medicine in this state by the state board of medicine under the Medical Practice Act.
(b) Except as provided in subsection (c) of this section and for purposes of transitioning a child's biological sex as determined by the sex organs, chromosomes and endogenous profiles of the child or affirming the child's perception of the child's sex if that perception is inconsistent with the child's biological sex, no physician or health care provider shall:
(i) Perform a surgery that sterilizes the child, including castration, vasectomy, hysterectomy, oophorectomy, metoidioplasty, orchiectomy, penectomy, phalloplasty and vaginoplasty;
(ii) Perform a mastectomy;
(iii) Provide, administer, prescribe or dispense any of the following prescription drugs that induce transient or permanent infertility:
(A) Puberty suppression or blocking prescription drugs to stop or delay normal puberty;
(B) Supraphysiologic doses of testosterone to females;
(C) Supraphysiologic doses of estrogen to males.
(iv) Remove any otherwise healthy or nondiseased body part or tissue.
(c) This section shall not apply to:
(i) Procedures or treatments that are performed with the consent of the child's parent or guardian and are for a child who is born with a medically verifiable genetic disorder of sex development, including 46, XX chromosomes with virilization, 46, XY with undervirilization or both ovarian and testicular tissue;
(ii) Any procedure or treatment that is performed with the consent of the child's parent or guardian and is for a child with medically verifiable central precocious puberty.
Section 2. W.S. 33‑21‑146(a)(xi), (xii) and by creating a new paragraph (xiii), 33‑24‑122(a)(intro), (ix) and by creating a new paragraph (xi) and 33‑26‑402(a) by creating a new paragraph (xxxvi) are amended to read:
33‑21‑146. Disciplining licensees and certificate holders; grounds.
(a) The board of nursing may refuse to issue or renew, or may suspend or revoke the license, certificate or temporary permit of any person, or to otherwise discipline a licensee or certificate holder, upon proof that the person:
(xi) Has failed to submit to a mental, physical or medical competency examination following a proper request by the board made pursuant to board rules and regulations and the Wyoming Administrative Procedure Act; or
(xii) Has violated a previously entered board order;. or
(xiii) Has violated W.S. 35‑4‑1001.
33‑24‑122. Revocation or suspension of license and registration; letter of admonition; summary suspension; administrative penalties; probation; grounds.
(a) The license and registration of any pharmacist may be revoked or suspended by the board of pharmacy or the board may issue a letter of admonition, refuse to issue or renew any license or require successful completion of a rehabilitation program or issue a summary suspension for any one (1) or more of the following causes:
(ix) For senility or mental impairment which impedes the pharmacist's professional abilities or for habitual personal use of morphine, cocaine or other habit forming drugs or alcohol; or
(xi) For violating W.S. 35‑4‑1001.
33‑26‑402. Grounds for suspension; revocation; restriction; imposition of conditions; refusal to renew or other disciplinary action.
(a) The board may refuse to renew, and may revoke, suspend or restrict a license or take other disciplinary action, including the imposition of conditions or restrictions upon a license on one (1) or more of the following grounds:
(xxxvi) Violating W.S. 35‑4‑1001.
Section 3. W.S. 35‑4‑1001, as created by section 1 of this act, shall apply only to conduct or procedures occurring on and after the effective date of this act.
Section 4. The department of health, state board of medicine and state board of pharmacy shall promulgate all rules necessary to implement this act.
Section 5.
(a) Except as provided in subsection (b) of this section, this act is effective July 1, 2024.
(b) Sections 4 and 5 of this act are effective immediately upon completion of all acts necessary for a bill to become law as provided by Article 4, Section 8 of the Wyoming Constitution.
Chloe Cole, whom the bill is named after and who was a victim of the barbarity of gender mutilation in the name of "transgenderism" spoke in favor of the bill.
The Senate and the House are $900,000,000 apart in their respective budget bills, which is not a good sign at all, Part of that is due to the rise of the populist right in the House, which is hostile to government. An op ed earlier this week by Freedom Caucus members complained about the budget.
The higher number frankly seems reasonable to me. Raises of state employee salaries are certainly merited. Some government infrastructure, such as a heliport for fire fighting, fits into the category of things we'll regret later if not funded, probably after this episode in populism is over, which there are early signs may be coming.
Most but not all of the really populist bills have bitten the dust, showing that in spite of big predictions going into this session, the populist don't have enough pull to really get their agenda considered. There are some exceptions, but those exceptions pretty much uniformly feature broad support and can't, therefore, be considered solely populist.
An example of that is Chloe's Law, which was introduced last session and is back. Of interest there, its being advanced by Anthony Bouchard, who was an extremely controversial member of the legislature at one time but no longer seem to be. Moreover, he doesn't seem to be a member of the populist far right group in the legislature. Interesting, he was one of the very first ones, but during his race for the House he seems to have cut loose from them.
The bill to go from property taxes for local funds to a sales tax advanced, but barely. In its first reading, it passed by a mere two votes.
Given that, my prediction is that it'll go down in defeat.
Politic were being played with the pristine Kelly Parcel in Teton County, with a bill being introduced to hold it hostage if the BLM doesn't bend its knee on the Resource Management Plan for the Rock Springs area, which is flatly just sad. There were amendments at the same time to require that it continue to be used for grazing and hunting, which do seem like good ideas to me.
And so we're on to week three, which a massive gap in the budget to work out.
The logic of it, even without reading the Alabama Supreme Court opinion, is clear.
Life begins at conception, and therefore embryos artificially conceived are alive, and entitled to teh same protection as other early infants.
It's not really that shocking, and frankly, I agree with that.
Hence the logcial question presented to the Alabama Supreme Court by
This Court has long held that unborn children are "children" for purposes of Alabama's Wrongful Death of a Minor Act, 6-5-391, Ala. Code 1975, a statute that allows parents of a deceased child to recover punitive damages for their child's death. The central question presented in these consolidated appeals, which involve the death of embryos kept in a cryogenic nursery, is whether the Act contains an unwritten exception to that rule for extrauterine children -- that is,unborn children who are located outside of a biological uterus at the time they are killed. Under existing black-letter law, the answer to that question is no: the Wrongful Death of a Minor Act applies to all unborn children,regardless of their location.
It's a logical question, and it was brought by the upset parents.
The decision is lengthy, and involves a host of issues, but the basic conclusion is this:
Here,the text ofthe Wrongful Death of a Minor Act is sweeping and unqualified. It applies to all children, born and unborn, without limitation. Itis not the role of this Court to craft a new limitation based our own view of what is or is not wise public policy. That is especially true where, as here, the People of this State have adopted a Constitutional amendment directly aimed at stopping courts from excluding "unborn life"from legal protection. Art.I, 36.06 ,Ala. Const. 2022.1
The Court reached the right decision.
And now people are reacting in horror, including the putative nominee for the Oval Office on the GOP side, who has tweeted:
Let's start with some obvious things.
Firstly, I don't know what Donald Trump thinks the "ultimate joy in life" is. Given as he's a serial polygamist who cheated on two spouses, I'm skeptical that it's a happy family life.
I'm frankly quite skeptical that Trump really is that against abortion in the first place, although that's just skepticism on my part. I can't see where Trump really holds that many values on anything in particular, really.
He does value getting reelected however and now he, like a lot of Republicans, are scrambling to figure out how to react to this, in no small part because a large number of Americans are probably now looking at the actual meaning of what social conservatism, and I am a social conservatism, is, and they're now really uncomfortable with it.
Americans overall, or at least a lot of Americans, claim that they are all for traditional values and are conservatives, but what they mean is that they are in favor of marriage, sort of, and family life, sort of, as long as that means you can easily dump your spouse and get remarred as much as you want to, and kill your offspring in utero up to sixteen weeks. This applies as much to Republicans as it does to Democrats. If you are looking at a GOP candidate, and they've been married more than once, it's frankly a perfectly fair question to ask them if they really believe in what they claim they do.
Indeed, the whole close embrace to religion the press claims is going on is really a close embrace to the American Civil Religion. It's certainly not a close embrace of Apostolic Christianity. At least Catholicism holds that artificial insemination of human's is morally wrong in the first instance, and this provides just one of the reasons why. It's completely contra natural.
But here's the added deal. When people claim they're advancing values, how deep have they looked at their arguments and how far are they prepared to go, and are they willing to apply them, to themselves?
Are those on the right in favor of traditional values, really in favor of them. Are those on the left who claim to be in favor of nature, willing to really live with it?
The Fireforce vertical envelopment tactic was used by the 1st Battalion of the Rhodesian Light Infantry in the first example of its use. The tactic was developed as Rhodesian Aérospatiale Alouette III had a limited carrying capacity in comparison to the very large helicopters used by the US in similar roles.
Rhodesian Alouette III.
The use of aircraft outside of their original intended roles was fairly common in African wars of the 60s, 70s and 80s.
The People's Republic of China began a a nationwide campaign to discredit Confucius and Lin Biao as "reactionaries who tried to turn back the wheel of history" which was certainly cutting a pretty wide swath given that Confucius died in 479 BC, and Lin Biao in 1971.
B-26 “Marauder” bomber roars over Luftwaffe airfield at Leeuwarden, Holland, February 24, 1944.
The Gothaer Waggonfabrik (Gotha) aircraft plant was hit as part of the Big Week.
The plant had been targeted for February 22, but bad weather had prevented the raid from occurring. On this day, 239 B-24s raided the plant.
Typical for such things, the US Army Air Force regarded the raid as a huge success. In reality, however, the lead bombardier, who controlled the run ins via the Norden Bomb site, suffered from anoxia due to a faulty oxygen mask and mistook Eisenach as the primary target. Forty-three bombers accordingly followed his error. Thirty-four B-24s were shot down, twenty-nine were damaged. Three aircrewmen were killed, six wounded and 324 went missing. 169 bombers did get through, and the plant was heavily damaged.
The Messerschmidt plants at Regensburg and Augsburg were hit and heavily damaged as well. Production was disrupted, but as Albert Speer noted, the damage was to the frame plant which was quickly put back into production. Had the engine plant been hit, results would have been different.
It was the climax of The Big Week.
The Allies prevailed in the Battle of Arawe.
The Red Army took Rogachev.
Finnish Prime Minister Edwin Linkomies announced that Finland wanted to restore peace with the Soviet Union.
The U-761 was sunk by tow U.S. Navy PBY's assisted by two Royal Navy destroyers.
The U-257 was depth charged and sank on the same day.
Merrill's Marauders began their march north in Burma.
U.S. Army 81 mm mortar crew on Bougainville, February 24, 1944.
U.S. Navy Gunner Frank S. Hughes giving instructions on firing a M1 Thompson Sub Machine Gun on the fantail of USS Gambier Bay (CVE 73), February 24, 1944.
Packard Motor Car Company, Detroit, Michigan, at an altitude of 500 feet, looking at 90 degrees. Photographed by Naval Air Station, Detroit, February 24, 1944.
The Berliner gyrocopter No. 5 gave its first successful demonstration. U.S. Army Lt. Harold R. Harris flew it for one minutes and 20 seconds at the College Park Airport, near the University of Maryland, in front of the press and members of the U.S. Navy.
The Beverly Hills Speedway hosted its final race, which was attended by 85,000 automobile racing fans. Harlan Fengler broke the world's record for a 250 mile race, averaging 116.6 mph.
Fengler would go on to be the Chief Steward of the Indianapolis Motor Speedway from 1958 until 1974. He passed away in 1981 at age 78.
Baseball great Honus Wagner was born in Pennsylvania.
A shortstop, he played professional baseball from 1897 to 1917. Following retirement as a player, he managed the team he had played for, the Pittsburgh Pirates, for 39 years. He passed away in 1955 at age 81.
Two of his brothers were also professional baseball players.
Whereas Sundry articles of the Treaty of peace and friendship concluded between the United States of America and Hamuda Bashaw, of happy memory, in the month of Rebia Elul in the year of the Hegira 1212, corresponding with the month of August of the Christian year 1797; have by experience been found to require alteration and amendment: In order therefore that the United States should be placed on the same footing with the most favored Nations having Treaties with Tunis, as well as to manifest a respect for the American Government and a desire to continue unimpaired the friendly relations which have always existed between the two Nations, it is hereby agreed & concluded between His Highness Mahmoud Bashaw Bey of Tunis, and S. D. Heap Esquire Charge d'affaires of the United States of America, that alteration be made in the Sixth, eleventh, twelfth and fourteenth articles of said Treaty; and that the said articles shall be altered and amended in the Treaty to read as follows.
ARTICLE 6th
If a Tunisian Corsair shall meet with an American vessel & shall visit it with her boat, two men only shall be allowed to go on board, peaceably to satisfy themselves of its being American, who as well as any passengers of other Nations they may have on board, shall go free both them & their goods; and the said two men shall not exact any thing, on pain of being severely punished. In case a slave escapes and takes refuge on board an American vessel of war he shall be free, and no demand shall be made either for his restoration or for payment.
ARTICLE THE 11th
When a vessel of war of the United States shall enter the port of the Goletta she shall be saluted with twenty one guns, which salute, the vessel of war shall return gun for gun only, and no powder will be given, as mentioned in the ancient eleventh article of this Treaty, which is hereby annulled.
ARTICLE THE 12th
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 thereto, 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 shall go to establish himself within the dependencies of the United States, he 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 unload, or ship them on board of another vessel, we shall not permit him untill 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.
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.
ARTICLE THE 14th
All vessels belonging to the Citizens and inhabitants of the United States, shall be permitted to enter the ports of the Kingdom of Tunis, and freely trade with the Subjects and inhabitants thereof on paying the usual duties which are paid by other most favored Nations at peace with the Regency. In like manner all vessels belonging to the subjects and inhabitants of the Kingdom of Tunis shall be permitted to enter the different ports of the United States, and freely trade with the Citizens and inhabitants thereof on paying the usual duties which are paid by other most favored Nations at peace with the United States.
Concluded, signed & sealed at the palace of Bardo near Tunis the 24th day of the Moon jumed-teni in the year of the Hegira 1239: corresponding the 24th of February 1824: of the Christian year; and the 48th year of the Independence of the United States; reserving the same nevertheless for the final ratification of the President of the United States by and with the advice and consent of the Senate.
(Signed) S. D. HEAP
Charge d'affaires of the U. States of America at Tunis
(Seal of MAHMOUD BASHAW.)
(Seal of HASSAN BEY.)
The immediately prior treaty, from 1816, read:
Treaty of Peace and Amity, concluded between the United States of America and the Dey and Regency of Algiers.
The President of the United States and the Dey of Algiers being desirous to restore and maintain upon a stable and permanent footing, the relations of peace and good understanding between the two powers; and for this purpose to renew the Treaty of Peace and Amity 1 which was concluded between the two States by William Shaler, and Commodore Stephen Decatur, as Commissioners Plenipotentiary, on the part of the United States and His Highness Omar Pashaw Dey of Algiers on the 30th of June 1815.
The President of the United States having subsequently nominated and appointed by Commission, the above named William Shaler, and Isaac Chauncey, Commodore and Commander in chief of all the Naval Forces of the United States in the Mediterranean, Commissioners Plenipotentiary, to treat with His Highness the Dey of Algiers for the renewal of the Treaty aforesaid; and they have concluded, settled, and signed the following articles:
ARTICLE 1st.
There shall be from the conclusion of this Treaty, a firm, perpetual, inviolable and universal peace and friendship between the President and Citizens of the United States of America on the one part, and the Dey and subjects of the Regency of Algiers in Barbary on the other, made by the free consent of both parties, and on the terms of the most favoured Nations; and if either party shall hereafter grant to any other Nation, any particular favor or privilege in Navigation, or (commerce, it shall immediately become common to the other party, freely, when freely it is granted to such other Nations, but when the grant is conditional, it shall be at the option of the contracting parties, to accept, alter, or reject such conditions in such manner as shall be most conducive to their respective interests.
ARTICLE 2d
It is distinctly understood between the contracting parties, that no tribute, either as biennial presents or under any other form, or name whatever, shall be required by the Dey and Regency of Algiers from the United States of America on any pretext whatever.
ARTICLE 3rd
Relates to the mutual restitution of prisoners & subjects and has been duly executed.
ARTICLE 4th
Relates to the delivery into the hands of the Consul General of a quantity of Bales of Cotton &c and has been duly executed.
ARTICLE 5th.
If any goods belonging to any Nation with which either of the parties are at War, should be loaded on board vessels belonging to the other party, they shall pass free and unmolested and no attempt shall be made to take or detain them.
ARTICLE 6th.
If any citizens or subjects belonging to either party shall be found on board a prize-vessel taken from an enemy by the other party, such citizens or subjects shall be liberated immediately and in no case, or on any presence whatever shall any American citizen be kept in captivity or confinement, or the property of any American citizen found on board of any vessel belonging to any Nation with which Algiers may be at War, be detained from its lawful owners after the exhibition of sufficient proofs of American citizenship and American property by the Consul of the United States, residing at Algiers.
ARTICLE 7th.
Proper passports shall immediately be given to the vessels of both the contracting parties on condition that the vessels of War belonging to the Regency of Algiers on meeting with Merchant vessels belonging to the Citizens of the United States of America shall not be permitted to visit them with more than two persons besides the rowers; these only shall be permitted to go on board, without first obtaining leave from the Commander of said vessel, who shall compare the passports and immediately permit said vessel to proceed on her voyage; and should any of the subjects of Algiers insult or molest the Commander or any other person on board a vessel so visited, or plunder any of the property contained in her, on complaint being made to the Consul of the United States residing in Algiers, and on his producing sufficient proofs to substantiate the fact, the Commander or Rais, of said Algerine ship or vessel of War, as well as the offenders, shall be punished in the most exemplary manner.
All vessels of War belonging to the United States of America on meeting a cruiser belonging to the Regency of Algiers, on having seen her passports, and certificates from the Consul of the United States residing in Algiers; shall permit her to proceed on her cruize unmolested and without detention.
No passport shall be granted by either party to any vessels but such as are absolutely the property of citizens or subjects of the said contracting parties, on any presence whatever.
ARTICLE 8th
A citizen or subject of either of the contracting parties, having bought a prize vessel condemned by the other party or by any other Nation, the Certificates of condemnation, and bill of sale, shall be a sufficient passport for such vessel for six months, which considering the distance between the two Countries, is no more than a reasonable time for her to procure passports.
ARTICLE 9th
Vessels of either of the contracting parties, putting into the ports of the other, and having need of provisions or other supplies shall be furnished at the Market price, and if any such vessel should so put in from a disaster at sea, and have occasion to repair, she shall be at liberty to land and reembark her cargo, without paying any customs or duties whatever; but in no case shall be compelled to land her cargo.
ARTICLE 10th
Should a vessel of either of the contracting parties be cast on shore within the territories of the other, all proper assistance shall be given to her and her crew; no pillage shall be allowed. The property shall remain at the disposal of the owners, and if re-shipped on board of any vessel for exportation, no customs or duties whatever shall be required to be paid thereon, and the crew shall be protected and succoured until they can be sent to their own country.
ARTICLE 11th.
If a vessel of either of the contracting parties shall be attacked by an enemy party within cannon-shot of the forts of the other, she shall be protected as much as is possible. If she be in port she shall not be seized or attacked when it is in the power of the other party to protect; her; and when she proceeds to sea, no enemy shall be permitted to pursue her from the same port within twenty four hours after her departure.
ARTICLE 12th
The commerce between the United States of America and the Regency of Algiers, the protections to be given to Merchants, Masters of vessels, and seamen, the reciprocal rights of establishing consuls in each country, the privileges, immunities, and jurisdictions to be enjoyed by such consuls, are declared to be on the same footing in every respect with the most favoured nations respectively.
ARTICLE 13th
The Consul of the United States of America shall not be responsible for the debts contracted by the citizens of his own country, unless he gives previously, written obligations so to do.
ARTICLE 14th.
On a vessel or vessels of War belonging to the United States, anchoring before the city of Algiers the consul is to inform the Dey of her arrival when she shall receive the salutes which are by Treaty, or custom given to the Ships of War of the most favoured nations on similar occasions and which shall be returned gun for gun; and if after such arrival so announced, any Christians whatever, captives in Algiers, make their escape and take refuge on board any of the said ships of war, they shall not be required back again, nor shall the Consul of the United States or Commander of the said ship be required to pay any thing for the said Christians.
ARTICLE 15th.
As the Government of the United States has in itself no character of enmity against the laws, religion, or tranquillity of any Nation, and as the said states have never entered into any voluntary War or act of hostility, except in defence of their just rights on the high seas, it is declared by the contracting parties, that no pretext arising from Religious Opinions shall ever produce an interruption of the Harmony between the two Nations; and the Consuls and Agents of both Nations shall have liberty to celebrate the rites of their respective religions in their Own houses.
The Consuls respectively shall have liberty and personal security given them to travel within the territories of each other by land and sea and shall not be prevented from going on board any vessel they may think proper to visit; they shall likewise have the liberty to appoint their own Drogoman and Broker.
ARTICLE 16th
In case of any dispute arising from the violation of any of the articles of this Treaty, no appeal shall be made to arms, nor shall War be declared on any pretext whatever. But if the Consul residing at the place where the dispute shall happen, shall not be able to settle the same, the Government of that country, shall state their grievance in writing and transmit the same to the Government of the other, and the period of three months shall be allowed for answers to be returned, during which time, no act of hostility shall be permitted by either party; and in case the grievances are not redressed and a War should be the event, the Consuls and Citizens and Subjects of both parties, respectively shall be permitted to embark with their effects unmolested, on board of what vessel or vessels they shall think proper, reasonable time being allowed for that purpose.
ARTICLE 17th.
If in the course of events a War should break out between the two Nations the prisoners captured by either party, shall not be made slaves; they shall not be forced to hard labour or other confinement than such as may be necessary to secure their safe-keeping, and shall be exchanged rank for rank; and it is agreed that prisoners shall be exchanged in twelve months after their capture and the exchange may be effected by any private individual, legally authorized by either of the parties.
ARTICLE 18th
If any of the Barbary powers or other States at war with the United States shall capture any American vessel and send her into any port of the Regency of Algiers, they shall not be permitted to sell her; but shall be forced to depart the Port on procuring the requisite supplies of provisions; but the vessels of War of the United States with any prizes they may capture from their enemies shall have liberty to frequent the Ports of Algiers for refreshment of any kind, and to sell such prizes in the said Ports, without paying any other Customs or duties than such as are customary on ordinary commercial importations.
ARTICLE 19th.
If any of the Citizens of the United States or any persons under their protection, shall have any disputes with each other, the Consul shall decide between the parties, and whenever the Consul shall require any aid or assistance from the Government of Algiers to enforce his decisions it shall be immediately granted to him: and if any disputes shall arise between any citizens of the United States and the citizens or subjects of any other Nations having a Consul, or Agent in Algiers, such disputes shall be settled by the Consuls or Agents of the respective nations; and any disputes or suits at law, that may take place between any Citizens of the United States and the subjects of the Regency of Algiers, shall be decided by the Dey in person and no other.
ARTICLE 20th.
If a citizen of the United States should Kill, wound or strike a subject of Algiers, or on the contrary, a subject of Algiers, should kill, wound or strike a citizen of the United States, the law of the country shall take place and equal justice shall be rendered, the consul assisting at the trial; but the sentence of punishment against an American citizen shall not be greater, or more severe, than it would be against a Turk, in the same predicament, and if any delinquent should make his escape, the Consul shall not be responsible for him in any manner whatever.
ARTICLE 21st
The Consul of the United States of America, shall not be required to pay any customs or duties whatever on any thing he imports from a foreign country for the use of his house and family.
ARTICLE 22d
Should any of the Citizens of the United States of America die within the Regency of Algiers, the Dey and his subjects shall not interfere with the property of the deceased, but it shall be under the immediate direction of the Consul, unless otherwise disposed of by Will. Should there be no Consul, the effects shall be deposited in the hands of some person worthy of trust, until the party shall appear who has a right to demand them, when they shall render an account of the property; neither shall the Dey, or his subjects give hindrance in the execution of any will that may appear.
ARTICLE ADDITIONAL & EXPLANATORY
The United States of America in order to give to the Dey of Algiers a proof of their desire to maintain the relations of peace and amity between the two powers upon a footing the most liberal; and in order to withdraw any obstacle which might embarrass him in his relations with other States, agree to annul so much of the Eighteenth Article of the foregoing Treaty, as gives to the United States any advantage in the ports of Algiers over the most favoured Nations having Treaties with the Regency.
Done at the Palace of the Government in Algiers on the 22d day of December 1816. which corresponds to the 3d Of the Moon Safar Year of the Hegira 1232.
Whereas the undersigned William Shaler a (citizen of the State of New York and Isaac Chauncey, Commander in chief of the Naval Forces of the United States, Stationed in the Mediterranean, being duly appointed Commissioners by letters patent under the signature of the President and Seal of the United States of America, bearing date at the City of Washington the twenty fourth day of August A. D. 1816. for negotiating and concluding the renewal of a Treaty of Peace between the United States of America, and the Dey and subjects of the Regency of Algiers.
We therefore William Shaler and Isaac Chauncey, Commissioners as aforesaid, do conclude the foregoing Treaty, and every article and clause therein contained, reserving the Same nevertheless for the final ratification of the President of the United States of America, by and with the advice, and consent, of the Senate of the United States.
Done in the Chancery of the Consulate General of the United States in the City of Algiers on the 23d day of December in the Year 1816 and of the Independence of the United States the Forty First
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