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Treaty
of Peace and Friendship between the United States
and the Bey and Subjects of Tripoli of
Barbary
Authored by American diplomat Joel Barlow in 1796,
the following treaty was sent to the floor of the
Senate, June 7, 1797, where it was read aloud in
its entirety and unanimously approved. John Adams,
haven seen the treaty, signed it and proudly
proclaimed it to the Nation.
Annals of Congress, 5th
Congress
Article 1. There is a firm and perpetual
peace and friendship between the United States of
America and the Bey and subjects of Tripoli, of
Barbary, made by the free consent of both parties,
and guarantied by the most potent Dey and Regency
of Algiers.
Art. 2. If any goods belonging to any
nation with which either of the parties is at war,
shall be loaded on board of vessels belonging to
the other party, they shall pass free, and no
attempt shall be made to take or detain
them.
Art. 3. If any citizens , subjects, or
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 set
at liberty, and the effects restored to the
owners.
Art. 4. Proper passports are to be given
to all vessels of both parties, by which they are
to be known. And considering the distance between
the two countries, eighteen months from the date of
this treaty, shall be allowed for procuring such
passports. During this interval the other papers,
belonging to such vessels, shall be sufficient for
their protection.
Art. 5. A citizen or subject of either
party 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 one
year; this being a reasonable time for her to
procure a proper passport.
Art. 6. Vessels of either party, putting
into the ports of the other, and having need of
provisions or other supplies, they shall be
furnished at the market price. And if any such
vessel shall so put in, from a disaster at sea, and
have occasion to repair, she shall be at liberty to
land and re-embark her cargo without paying any
duties. But in case shall she be compelled to the
land her cargo.
Art. 7. Should a vessel of either party
be cast on the shore of the other, all proper
assistance shall be given to her and her people; no
pillage shall be allowed; the property shall remain
at the disposition of the owners; and the crew
protectedand succored till they can be sent to
their country.
Art. 8. If a vessel of either party
should 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 on 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.
Art. 9. The commerce between the United
States and Tripoli; the protection to be given to
merchants, masters of vessels, and seamen; the
reciprocal right of the establishing Consuls in
each country; and the privileges, immunities, and
jurisdiction, to be on the same footing with those
of the most favored nations respectively.
Art. 10. The money and presents demanded
by the Bey of Tripoli, as a full and satisfactory
consideration on his part, and on the part of his
subjects, for this treaty of perpetual peace and
friendship, are acknowledged to have been received
by him previous to his signing the same, according
to a receipt which is hereto annexed, except such
as part as is promised, on the part of the United
States, to be delivered and paid by them on the
arrival of their Consul in Tripoli; of which part a
note is likewise hereto annexed. And no pretense of
any periodical tribute of further payments is ever
to be made by either party.
Art. 11. As the Government of the United
States of America is not, in any sense, founded on
the Christian religion; as it has in itself no
character of enmity against the laws, religion, or
tranquillity, of Mussulmen; and, as the said States
never entered into any war, or act of hostility
against any Mahometan nation, it is declared by the
parties, that no pretext arising from religious
opinions, shall ever produce an interruption of the
harmony existing between the two
countries.
Art. 12. In case of any dispute, arising
from a 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,
an amicable referrence shall be made to the mutual
friend of the parties, the Dey of Algiers; the
parties hereby engaging to abide by his decision.
And he, by virtue of his signature to this treaty,
engages for himself and successors to declare the
justice of the case, according to the true
interpretation of the treaty, and to use all the
means in his power to enforce the observance of the
same.
Signed and sealed at Tripoli of Barbary the 3d
day of Junad in the year of the Hegira 1211--
corresponding with the 4th day of November, 1796,
by
JUSSOF BASHAW MAHOMET, Bey.
MAMET, Treasurer.
AMET, Minister of Marine.
SOLIMAN KAYA.
GALIL, General of the Troops.
MAHOMET, Commander of the City.
AMET, Chamberlain.
ALLY, Chief of the Divan.
MAMET, Secretary.
Signed and sealed at Algiers, the 4th day of
Argill, 1211--corresponding with the 3d day of
January, 1797, by
HASSAN BASHAW, Dey,
And by the agent Plenipotentiary of the United
States of America,
JOEL BARLOW.
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