The Avalon Project at Yale Law School
The Barbary Treaties :
Treaty of Peace and Friendship, Signed at Tripoli November 4, 1796
Treaty of Peace and Friendship, signed at Tripoli November 4, 1796 (3
Ramada I, A. H. 1211), and at Algiers January 3, 1797 (4 Rajab, A. H.
1211). Original in Arabic. Submitted to the Senate May 29, 1797.
(Message of May 26, 1797.) Resolution of advice and consent June 7,
1797. Ratified by the United States June 10, 1797. As to the
ratification generally, see the notes. Proclaimed Jane 10, 1797.
The following fourteen pages of Arabic are a reproduction of the text
in the original treaty book, first the pages of the treaty in
left-to-right order of pagination, and then the " receipt " and the "
note " mentioned, according to the Barlow translation, in Article 10.
Following the Arabic and in the same order, is the translation of Joel
Barlow as written in the treaty book-the twelve articles of the treaty,
the "receipt," and the "note"; and after these is the approval of David
Humphreys from the same document, which is fully described in the
notes. Following those texts is the annotated translation of 1930.
[Translation]
Treaty of Peace and Friendship between the United States of America and
the Bey and Subjects of Tripoli of Barbary.
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 guaranteed by the most potent
Dey & regency of Algiers.
ARTICLE 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.
ARTICLE 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.
ARTICLE 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.
ARTICLE 5
A citizen or subject of either party having bought a prize vessel
condemned by the other party or by any other nation, the certificate 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.
ARTICLE 6
Vessels of either party putting into the ports of the other and having
need of provissions 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
reembark her cargo without paying any duties. But in no case shall she
be compelled to land her cargo.
ARTICLE 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 protected and succoured till they can be sent to
their country.
ARTICLE 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 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.
ARTICLE 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 establishing consuls in each country, and the privileges,
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.
ARTICLE 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 recieved by him previous to his signing the same, according
to a reciept which is hereto annexed, except such 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 Tripoly, of which part a note is
likewise hereto annexed. And no presence of any periodical tribute or
farther payment is ever to be made by either party.
ARTICLE 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 tranquility of Musselmen,-and as
the said States never have entered into any war or act of hostility
against any Mehomitan 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.
ARTICLE 12.
In case of any dispute arising from a notation 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 Jumad in the year
of the Higera 1211-corresponding with the 4th day of Novr 1796 by
JUSSUF BASHAW MAHOMET Bey
SOLIMAN Kaya
MAMET Treasurer
GALIL Genl of the Troops
AMET Minister of Marine
MAHOMET Coml of the city
AMET Chamberlain
MAMET Secretary
ALLY-Chief of the Divan
Signed and sealed at Algiers the 4th day of Argib 1211-corresponding
with the 3d day of January 1797 by
HASSAN BASHAW Dey
and by the Agent plenipotentiary of the United States of America
[Seal] Joel BARLOW
[The "Receipt"]
Praise be to God &c-
The present writing done by our hand and delivered to the American
Captain OBrien makes known that he has delivered to us forty thousand
Spanish dollars,-thirteen watches of gold, silver & pinsbach,-five
rings, of which three of diamonds, one of saphire and one with a watch
in it, One hundred & forty piques of cloth, and four caftans of
brocade,-and these on account of the peace concluded with the
Americans.
Given at Tripoli in Barbary the 20th day of Jumad 1211, corresponding
with the 21st day of Novr 1796-
(Signed) JUSSUF BASHAW-Bey whom God Exalt
The foregoing is a true copy of the reciept given by Jussuf Bashaw- Bey
of Tripoli-
(Signed) HASSAN BASHAW-Dey of Algiers.
The foregoing is a literal translation of the writing in Arabic on the
opposite page.
JOEL BARLOW
[The " Note "]
On the arrival of a consul of the United States in Tripoli he is to
deliver to Jussuf Bashaw Bey-
twelve thousand Spanish dollars
five hawsers-8 Inch
three cables-10 Inch
twenty five barrels tar
twenty five d=B0 pitch
ten d=B0 rosin
five hundred pine boards
five hundred oak d=B0
ten masts (without any measure mentioned, suppose for vessels from 2 to
300 ton)
twelve yards
fifty bolts canvas
four anchors
And these when delivered are to be in full of all demands on his part
or on that of his successors from the United States according as it is
expressed in the tenth article of the following treaty. And no farther
demand of tributes, presents or payments shall ever be made.
Translated from the Arabic on the opposite page, which is signed &
sealed by Hassan Bashaw Dey of Algiers-the 4th day of Argib 1211-or the
3d day of Jane 1797-by-
Joel BARLOW
[Approval of Humphreys]
To all to whom these Presents shall come or be made known.
Whereas the Underwritten David Humphreys hath been duly appointed
Commissioner Plenipotentiary by Letters Patent, under the Signature of
the President and Seal of the United States of America, dated the 30th
of March 1795, for negotiating and concluding a Treaty of Peace with
the Most Illustrious the Bashaw, Lords and Governors of the City &
Kingdom of Tripoli; whereas by a Writing under his Hand and Seal dated
the 10th of February 1796, he did (in conformity to the authority
committed to me therefor) constitute and appoint Joel Barlow and Joseph
Donaldson Junior Agents jointly and separately in the business
aforesaid; whereas the annexed Treaty of Peace and Friendship was
agreed upon, signed and sealed at Tripoli of Barbary on the 4th Of
November 1796, in virtue of the Powers aforesaid and guaranteed by the
Most potent Dey and Regency of Algiers; and whereas the same was
certified at Algiers on the 3d of January 1797, with the Signature and
Seal of Hassan Bashaw Dey, and of Joel Barlow one of the Agents
aforesaid, in the absence of the other.
Now Know ye, that I David Humphreys Commissioner Plenipotentiary
aforesaid, do approve and conclude the said 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.
In testimony whereof I have signed the same with my Name and Seal, at
the City of Lisbon this 10th of February 1797.
[Seal] DAVID HUMPHREYS.
Source:
Treaties and Other International Acts of the United States of America.
Edited by Hunter Miller
Volume 2
Documents 1-40 : 1776-1818
Washington : Government Printing Office, 1931.
USMARC Cataloging Record
18th Century Page 19th Century Page Barbary Treaty Page
American Diplomacy Page Avalon Home Page
Source:
http://www.yale.edu/lawweb/avalon/diplomacy/barbary/bar1796t.htm#art11
.
|
