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Treaty of Peace and Amity with Tripoli - June 4, 1805
Treaty of Peace and Amity, signed at Tripoli June 4,
1805 (6 Rabia I, A. H. 1220). Original in English and Arabic. Submitted to
the Senate December 11, 1805. Resolution of advice and consent April 12,
1806. Ratified by the United States April 17, 1806. As to the ratification
generally, see the notes. Proclaimed April 22, 1806.
The English tent of the copy of the treaty, signed
by Tobias Lear, follows; to it is appended the receipt for the $60,000
ransom paid on June 19, 1805 (21 Rabia I, A. H. 1220), as written in the
same document; then is reproduced the Arabic text of that paper, in the
same order as the English. Following those texts is a comment, written in
1930, on the Arabic tent.
Treaty Of Peace and Amity between the United States of
America and the Bashaw, Bey and Subjects of Tripoli in Barbary.
There shall be, from the conclusion of this Treaty, a firm, inviolable
and universal peace, and a sincere friendship between the President and
Citizens of the United States of America, on the one part, and the Bashaw,
Bey and Subjects of the Regency of Tripoli in Barbary on the other, made
by the free consent of both Parties, and on the terms of the most favoured
Nation. And if either party shall hereafter grant to any other Nation, any
particular favour or priviledge in Navigation or Commerce, it shall
immediately become common to the other party, freely, where it is freely
granted, to such other Nation, but where 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.
The Bashaw of Tripoli shall deliver up to the American Squadron now off
Tripoli, all the Americans in his possession; and all the Subjects of the
Bashaw of Tripoli now in the power of the United States of America shall
be delivered up to him; and as the number of Americans in possession of
the Bashaw of Tripoli amounts to Three Hundred Persons, more or less; and
the number of Tripolino Subjects in the power of the Amelicans to about,
One Hundred more or less; The Bashaw of Tripoli shall receive from the
United States of America, the sum of Sixty Thousand Dollars, as a payment
for the difference between the Prisoners herein mentioned.
All the forces of the United States which have been, or may be in
hostility against the Bashaw of Tripoli, in the Province of Derne, or
elsewhere within the Dominions of the said Bashaw shall be withdrawn
therefrom, and no supplies shall be given by or in behalf of the said
United States, during the continuance of this peace, to any of the
Subjects of the said Bashaw, who may be in hostility against him in any
part of his Dominions; And the Americans will use all means in their power
to persuade the Brother of the said Bashaw, who has co-operated with them
at Derne &c, to withdraw from the Territory of the said Bashaw of Tripoli;
but they will not use any force or improper means to effect that object;
and in case he should withdraw himself as aforesaid, the Bashaw engages to
deliver up to him, his Wife and Children now in his powers
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.
If any Citizens, or Subjects with or their effects 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
their effects so captured shall be restored to their lawful owners or
their Agents.
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 Tripoli on meeting with merchant Vessels belonging to (citizens
of the United States of America, shall not be permitted to visit them with
more than two persons besides the rowers, these two only shall be
permitted to go on board said Vessel, without first obtaining leave from
the Commander of said Vessel, who shall compare the passport, and
immediately permit said Vessel proceed on her voyage; and should any of
the said Subjects of Tripoli insult or molest the Commander or any other
person on board Vessel so visited; or plunder any of the property
contained in the full complaint being made by the Consul of the United
States America resident at Tripoli and on his producing sufficient proof
substantiate the fact, The Commander or Rais of said Tripoline Sh 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 meeting
with a Cruizer belonging to the Regency of Tripoli, and having seen her
passport and Certificate from the Consul of t] United States of America
residing in the Regency, shall permit her to proceed on her Cruize
unmolested, and without detention. No pas port shall be granted by either
party to any Vessels, but such as are absolutely the property of Citizens
or Subjects of said contracting parties, on any presence whatever.
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
Certificate of condemnation and Bill of Sale she be a sufficient passport
for such Vessel for two years, which, considering the distance between the
two Countries, is no more than a reason able time for her to procure
proper passports.
Vessels of either party, putting into the ports of the other, and
having need of provisions or other supplies, they shall be furnish at the
Market price, and if any such Vessel should so put in from disaster at
Sea, and have occasion to repair; she shall be at liberty to land and
reimbark her Cargo, without paying any duties; but in no case shall she be
compelled to land her Cargo.
Should a Vessel of either party be cast on the shore of the other all
proper assistance shall be given to her and her Crew. No pillar shall be
allowed, the property shall remain at the disposition of ti owners, and
the Crew protected and succoured till they can be sent to their Country.
If a Vessel of either party, shall be attacked by an Enemy within Gun
shot of the Forts of the other, she shall be defended as much as 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 allowed to pursue her from the same port, within twenty
four hours after her departure.
The Commerce between the United States of America and the Regency of
Tripoli; The Protections to be given to Merchants, Masters of Vessels and
Seamen; The reciprocal right of establishing Consuls in each Country; and
the priviledges, immunities and jurisdictions to be enjoyed by such
Consuls, are declared to be on the same footing, with those of the most
favoured Nations respectively.
The Consul of the United States of America shall not be answerable for
debts contracted by Citizens of his own Nation, unless, he previously
gives a written obligation so to do.
On a Vessel of War, belonging to the United States of America,
anchoring before the City of Tripoli, the Consul is to inform the Bashaw
of her arrival, and she shall be saluted with twenty one Guns, which she
is to return in the same quantity or number.
As the Government of the United States of America, has in itself no
character of enmity against the Laws, Religion or Tranquility of Musselmen,
and as the said States never have entered into any voluntary war or act of
hostility against any Mahometan Nation, except in the defence of their
just rights to freely navigate 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 existing between the two
Nations; And the Consuls and Agents of both Nations respectively, shall
have liberty to exercise his Religion in his own house; all slaves of the
same Religion shall not be Impeded in going to said Consuls house at hours
of Prayer. The Consuls shall have liberty and personal security given them
to travel within the Territories of each other, both by land and sea, and
shall not be prevented from going on board any Vessel that they may think
proper to visit; they shall have likewise the liberty to appoint their own
Drogoman and Brokers.
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 grievances in writing, and
transmit it to the Government of the other, and the period of twelve
callendar 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 War should be the event, the Consuls
and Citizens or Subjects of both parties reciprocally shall be permitted
to embark with their effects unmolested, on board of what vessel or
Vessels they shall think proper.
If in the fluctuation of Human Events, a War should break out between
the two Nations; The Prisoners captured by either party shall not be made
Slaves; but shall be exchanged Rank for Rank; and if there should be a
deficiency on either side, it shall be made up by the payment of Five
Hundred Spanish Dollars for each Captain, Three Hundred Dollars for each
Mate and Supercargo and One hundred Spanish Dollars for each Seaman so
wanting. And it is agreed that Prisoners shall be exchanged in twelve
months from the time of their capture, and that this Exchange may be
effected by any private Individual legally authorized by either of the
parties.
If any of the Barbary States, or other powers at War with the United
States of America, shall capture any American Vessel, and send her into
any of the ports of the Regency of Tripoli, they shall not be permitted to
sell her, but shall be obliged to depart the Port on procuring the
requisite supplies of Provisions; and no duties shall be exacted on the
sale of Prizes captured by Vessels sailing under the Flag of the United
States of America when brought into any Port in the Regency of Tripoli.
If any of the Citizens of the United States, or any persons under their
protection, shall have any dispute with each other, the Consul shall
decide between the parties; and whenever the Consul shall require any aid
or assistance from the Government of Tripoli, to enforce his decisions, it
shall immediately be granted to him. And if any dispute shall arise
between any Citizen of the United States and the Citizens or Subjects of
any other Nation, having a Consul or Agent in Tripoli, such dispute shall
be settled by the Consuls or Agents of the respective Nations.
If a Citizen of the United States should kill or wound a Tripoline, or,
on the contrary, if a Tripoline shall kill or wound 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; and if any
delinquent shall make his escape, the Consul shall not be answerable for
him in any manner whatever.
Should any Citizen of the United States of America die within the
limits of the Regency of Tripoli, the Bashaw 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 Bashaw or his Subjects give hindrance in the execution of any
will that may appear.
Whereas, the undersigned, Tobias Lear, Consul General of the United
States of America for the Regency of Algiers, being duly appointed
Commissioner, 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 18" day of November 1803 for negotiating and concluding a
Treaty of Peace, between the United States of America, and the Bashaw, Bey
and Subjects of the Regency of Tripoli in Barbary-
Now Know Ye, That I, Tobias Lear, Commissioner 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 said United States.
Done at Tripoli in Barbary, the fourth day of June, in the year One
thousand, eight hundred and five; corresponding with the sixth day of the
first month of Rabbia 1220.
[Seal] TOBIAS LEAR.
Having appeared in our presence, Colonel Tobias Lear, Consul General of
the United States of America, in the Regency of Algiers, and Commissioner
for negotiating and concluding a Treaty of Peace and Friendship between Us
and the United States of America, bringing with him the present Treaty of
Peace with the within Articles, they were by us minutely examined, and we
do hereby accept, confirm and ratify them, Ordering all our Subjects to
fulfill entirely their contents, without any violation and under no
pretext.
In Witness whereof We, with the heads of our Regency, Subscribe it.
Given at Tripoli in Barbary the sixth day of the first month of Rabbia
1220, corresponding with the 4th day of June 1805.
(L. S.) JUSUF CARAMANLY Bashaw
(L. S.) MOHAMET CARAMANLY Bey
(L. S.) MOHAMET Kahia
(L. S.) HAMET Rais de Marino
(L. S.) MOHAMET DGHIES First AIinister
(L. S.) SARAH Aga of Divan
(L. S.) SEEIM Hasnadar
(L. S.) MURAT Dqblartile
(L. S.) MURAT RAIS Admiral
(L. S.) SOEIMAN Kehia
(L. S.) ABDAEEA Basa Aga
(L. S.) MAHOMET Scheig al Belad
(L. S.) ALEI BEN DIAB First Secretary
We hereby acknowlidge to have received from the hands of Colonel Tobias
Lear the full sum of sixty thousand dollars, mentioned as Ransum for two
hundred Americans, in the Treaty of Peace concluded between Us and the
United States of America on the Sixth day of the first Month of Rabbia
1220-and of all demands against the said United States.
Done this twenty first day of the first month of Rabbia 1220.
(L. S.) Signd (JOSEPH CARMANALY) Bashaw
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