Make your own free website on Tripod.com

ALLAH'S TEMPLE:

THE BERBERY TREATIES

HOME
THE QUEEN
KORAN ORDER?
GEO-SOLUTIONS
MENTAL POWER
QURANI
WHY MOORS?
NEW TIME
MARCUS GARVEY?
T.U.D.N.R.
T.U.P.A.C.
VIDEO 2
MOABITE
CONTACT
T.U.P.A.T.
REBUILDING
MKUUKUU
HISTORY
M.A.N.
THE LIBRARY
NEW FEZ
RECORDS
THE LAW
UPDATES
WORKSPACE
LOCATIONS
VIDEO 1
WHICH HEAVEN?
GOD'S SON?
THE VOICE
FOUNDATION
OLIVE SHADE?
FAMILY
SIGN IN

Enter subhead content here

ISLAM,

these 9 "TREATIES" (the supreme law of the land) with the NATIONS of
North West Africa, are called THE BARBARY TREATIES, barbary from the
word "BERBER" (pre-arab people).

the NATIONS (tunis, tripoli, algiers, morocco, etc.) of North West
Africa are known as the BARBARY NATIONS, all falling into ONE FAMILY
OF NATIONS (ethnic-anthropolgical and archeological historical
background).

we are what our ancient forefathers were without a doubt of
contradiction, come and link yourselves with the families of nations
(see bottom of page three).

THE PEACE AND FRIENDSHIP TREATY OF MOROCCO 1787

Treaty of Peace and Friendship, with additional article ; also Ship-
Signals Agreement . The treaty was sealed at Morocco with the seal of
the Emperor of Morocco June 23, 1786 (25 Shaban, A. H. 1200), and
delivered to Thomas Barclay, American Agent, June 28, 1786 (1
Ramadan, A. H. 1200). Original in Arabic. The additional article was
signed and sealed at Morocco on behalf of Morocco July 15, 1786 (18
Ramadan, A. H. 1200). Original in Arabic. The Ship-Signals Agreement
was signed at Morocco July 6, 1786 (9 Ramadan, A. H. 1200). Original
in English.

Certified English translations of the treaty and of the additional
article were incorporated in a document signed and sealed by the
Ministers Plenipotentiary of the United States, Thomas Jefferson at
Paris January 1, 1787, and John Adams at London January 25, 1787.
Treaty and additional article ratified by the United States July 18,
1787. As to the ratification generally, see the notes. Treaty and
additional article proclaimed July 18, 1787.

Ship-Signals Agreement not specifically included in the ratification
and not proclaimed; but copies ordered by Congress July 23, 1787, to
be sent to the Executives of the States (Secret Journals of Congress,
IV, 869; but see the notes as to this reference).
[Certified Translation of the Treaty and of the Additional Article ,
with Approval by Jefferson and Adams)

To all Persons to whom these Presents shall come or be made known-
Whereas the United States of America in Congress assembled by their
Commission bearing date the twelvth day of May One thousand Seven
hundred and Eighty four thought proper to constitute John Adams,
Benjamin Franklin and Thomas Jefferson their Ministers
Plenipotentiary, giving to them or a Majority of them full Powers to
confer, treat & negotiate with the Ambassador, Minister or
Commissioner of His Majesty the Emperor of Morocco concerning a
Treaty of Amity and Commerce, to make & receive propositions for such
Treaty and to conclude and sign the same, transmitting it to the
United States in Congress assembled for their final Ratification, And
by one other (commission bearing date the Eleventh day of March One
thousand Seven hundred & Eighty five did further empower the said
Ministers Plenipotentiary or a majority of them, by writing under
the* hands and Seals to appoint such Agent in the said Business as
they might think proper with Authority under the directions and
Instructions of the said Ministers to commence & prosecute the said
Negotiations & Conferences for the said Treaty provided that the said
Treaty should be signed by the said Ministers: And Whereas, We the
said John Adams & Thomas Jefferson two of the said Ministers
Plenipotentiary (the said Benjamin Franklin being absent) by writing
under the Hand and Seal of the said John Adams at London October the
fifth, One thousand Seven hundred and Eighty five, & of the said
Thomas Jefferson at Paris October the Eleventh of the same Year, did
appoint Thomas Barclay, Agent in the Business aforesaid, giving him
the Powers therein, which by the said second Commission we were
authorized to give, and the said Thomas Barclay in pursuance thereof,
hath arranged Articles for a Treaty of Amity and Commerce between the
United States of America and His Majesty the Emperor of Morocco,
which Articles written in the Arabic Language, confirmed by His said
Majesty the Emperor of Morocco & seal'd with His Royal Seal, being
translated into the Language of the said United States of America,
together with the Attestations thereto annexed are in the following
Words, To Wit.

In the name of Almighty God,
This is a Treaty of Peace and Friendship established between us and
the United States of America, which is confirmed, and which we have
ordered to be written in this Book and sealed with our Royal Seal at
our Court of Morocco on the twenty fifth day of the blessed Month of
Shaban, in the Year One thousand two hundred, trusting in God it will
remain permanent.

.1.
We declare that both Parties have agreed that this Treaty consisting
of twenty five Articles shall be inserted in this Book and delivered
to the Honorable Thomas Barclay, the Agent of the United States now
at our Court, with whose Approbation it has been made and who is duly
authorized on their Part, to treat with us concerning all the Matters
contained therein.

.2.
If either of the Parties shall be at War with any Nation whatever,
the other Party shall not take a Commission from the Enemy nor fight
under their Colors.

.3.
If either of the Parties shall be at War with any Nation whatever and
take a Prize belonging to that Nation, and there shall be found on
board Subjects or Effects belonging to either of the Parties, the
Subjects shall be set at Liberty and the Effects returned to the
Owners. And if any Goods belonging to any Nation, with whom either of
the Parties shall be at War, shall be loaded on Vessels belonging to
the other Party, they shall pass free and unmolested without any
attempt being made to take or detain them.

.4.
A Signal or Pass shall be given to all Vessels belonging to both
Parties, by which they are to be known when they meet at Sea, and if
the Commander of a Ship of War of either Party shall have other Ships
under his Convoy, the Declaration of the Commander shall alone be
sufficient to exempt any of them from examination.

.5.
If either of the Parties shall be at War, and shall meet a Vessel at
Sea, belonging to the other, it is agreed that if an examination is
to be made, it shall be done by sending a Boat with two or three Men
only, and if any Gun shall be Bred and injury done without Reason,
the offending Party shall make good all damages.

.6.
If any Moor shall bring Citizens of the United States or their
Effects to His Majesty, the Citizens shall immediately be set at
Liberty and the Effects restored, and in like Manner, if any Moor not
a Subject of these Dominions shall make Prize of any of the Citizens
of America or their Effects and bring them into any of the Ports of
His Majesty, they shall be immediately released, as they will then be
considered as under His Majesty's Protection.

.7.
If any Vessel of either Party shall put into a Port of the other and
have occasion for Provisions or other Supplies, they shall be
furnished without any interruption or molestation.
If any Vessel of the United States shall meet with a Disaster at Sea
and put into one of our Ports to repair, she shall be at Liberty to
land and reload her cargo, without paying any Duty whatever.

.9.
If any Vessel of the United States shall be cast on Shore on any Part
of our Coasts, she shall remain at the disposition of the Owners and
no one shall attempt going near her without their Approbation, as she
is then considered particularly under our Protection; and if any
Vessel of the United States shall be forced to put into our Ports, by
Stress of weather or otherwise, she shall not be compelled to land
her Cargo, but shall remain in tranquillity untill the Commander
shall think proper to proceed on his Voyage.

.10.
If any Vessel of either of the Parties shall have an engagement with
a Vessel belonging to any of the Christian Powers within gunshot of
the Forts of the other, the Vessel so engaged shall be defended and
protected as much as possible untill she is in safety; And if any
American Vessel shall be cast on shore on the Coast of Wadnoon (1) or
any coast thereabout, the People belonging to her shall be protected,
and assisted untill by the help of God, they shall be sent to their
Country.

.11.
If we shall be at War with any Christian Power and any of our Vessels
sail from the Ports of the United States, no Vessel belonging to the
enemy shall follow untill twenty four hours after the Departure of
our Vessels; and the same Regulation shall be observed towards the
American Vessels sailing from our Ports.-be their enemies Moors or
Christians.

.12.
If any Ship of War belonging to the United States shall put into any
of our Ports, she shall not be examined on any Pretence whatever,
even though she should have fugitive Slaves on Board, nor shall the
Governor or Commander of the Place compel them to be brought on Shore
on any pretext, nor require any payment for them.

.13.
If a Ship of War of either Party shall put into a Port of the other
and salute, it shall be returned from the Fort, with an equal Number
of Guns, not with more or less.

.14.
The Commerce with the United States shall be on the same footing as
is the Commerce with Spain or as that with the most favored Nation
for the time being and their Citizens shall be respected and esteemed
and have full Liberty to pass and repass our Country and Sea Ports
whenever they please without interruption.

.15.
Merchants of both Countries shall employ only such interpreters, &
such other Persons to assist them in their Business, as they shall
think proper. No Commander of a Vessel shall transport his Cargo on
board another Vessel, he shall not be detained in Port, longer than
he may think proper, and all persons employed in loading or unloading
Goods or in any other Labor whatever, shall be paid at the Customary
rates, not more and not less.

.16.
In case of a War between the Parties, the Prisoners are not to be
made Slaves, but to be exchanged one for another, Captain for
Captain, Officer for Officer and one private Man for another; and if
there shall prove a deficiency on either side, it shall be made up by
the payment of one hundred Mexican Dollars for each Person wanting;
And it is agreed that all Prisoners shall be exchanged in twelve
Months from the Time of their being taken, and that this exchange may
be effected by a Merchant or any other Person authorized by either of
the Parties.

.17.
Merchants shall not be compelled to buy or Sell any kind of Goods but
such as they shall think proper; and may buy and sell all sorts of
Merchandise but such as are prohibited to the other Christian Nations.

.18.
All goods shall be weighed and examined before they are sent on
board, and to avoid all detention of Vessels, no examination shall
afterwards be made, unless it shall first be proved, that contraband
Goods have been sent on board, in which Case the Persons who took the
contraband Goods on board shall be punished according to the Usage
and Custom of the Country and no other Person whatever shall be
injured, nor shall the Ship or Cargo incur any Penalty or damage
whatever.

.19.
No vessel shall be detained in Port on any presence whatever, nor be
obliged to take on board any Article without the consent of the
Commander, who shall be at full Liberty to agree for the Freight of
any Goods he takes on board.

.20.
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 our Government to enforce his
decisions it shall be immediately granted to him.

.21.
If a Citizen of the United States should kill or wound a Moor, or on
the contrary if a Moor 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 Tryal, and if any
Delinquent shall make his escape, the Consul shall not be answerable
for him in any manner whatever.

.22.
If an American Citizen shall die in our Country and no Will shall
appear, the Consul shall take possession of his Effects, and if there
shall be no Consul, the Effects shall be deposited in the hands of
some Person worthy of Trust, untill the Party shall appear who has a
Right to demand them, but if the Heir to the Person deceased be
present, the Property shall be delivered to him without interruption;
and if a Will shall appear, the Property shall descend agreeable to
that Will, as soon as the Consul shall declare the Validity thereof.

.23.
The Consuls of the United States of America shall reside in any Sea
Port of our Dominions that they shall think proper; And they shall be
respected and enjoy all the Privileges which the Consuls of any other
Nation enjoy, and if any of the Citizens of the United States shall
contract any Debts or engagements, the Consul shall not be in any
Manner accountable for them, unless he shall have given a Promise in
writing for the payment or fulfilling thereof, without which promise
in Writing no Application to him for any redress shall be made.

.24.
If any differences shall arise by either Party infringing on any of
the Articles of this Treaty, Peace and Harmony shall remain
notwithstanding in the fullest force, untill a friendly Application
shall be made for an Arrangement, and untill that Application shall
be rejected, no appeal shall be made to Arms. And if a War shall
break out between the Parties, Nine Months shall be granted to all
the Subjects of both Parties, to dispose of their Effects and retire
with their Property. And it is further declared that whatever
indulgences in Trade or otherwise shall be granted to any of the
Christian Powers, the Citizens of the United States shall be equally
entitled to them.

.25.
This Treaty shall continue in full Force, with the help of God for
Fifty Years.

We have delivered this Book into the Hands of the before-mentioned
Thomas Barclay on the first day of the blessed Month of Ramadan, in
the Year One thousand two hundred.
I certify that the annex'd is a true Copy of the Translation made by
Issac Cardoza Nunez, Interpreter at Morocco, of the treaty between
the Emperor of Morocco and the United States of America.

THOS BARCLAY
(1) Or Ouadnoun, on the Atlantic coast, about latitude 29 N.


THE PEACE AND AMITY TREATY OF ALGIERS 1795

Treaty of Peace and Amity, signed at Algiers September 5, 1795 (21
Safar, A. H. 1210). Original in Turkish. Submitted to the Senate
February 15, 1796. Resolution of advice and consent March 2, 1796.
Ratified by the United States March 7, 1796. As to the ratification
generally, see the notes. Proclaimed March 7, 1796.

ARTICLE 1st
From the date of the Present Treaty there shall subsist a firm and
Sincere Peace and Amity between the President and Citizens of the
United States of North America and Hassan Bashaw Dey of Algiers his
Divan and Subjects the Vessels and Subjects of both Nations
reciprocally treating each other with Civility Honor and Respect

ARTICLE 2d
All Vessels belonging to the Citizens of the United States of North
America Shall be permitted to enter the Different ports of the
Regency to trade with our Subjects or any other Persons residing
within our Jurisdiction on paying the usual duties at our Custom-
House that is paid by all nations at Peace with this Regency
observing that all Goods disembarked and not Sold here shall be
permitted to be reimbarked without paying any duty whatever either
for disembarking or embarking all naval & Military Stores Such as Gun-
Powder Lead Iron Plank Sulphur Timber for building far pitch Rosin
Turpentine and any other Goods denominated Naval and Military Stores
Shall be permitted to be Sold in this Regency without paying any
duties whatever at the Custom House of this Regency.

ARTICLE 3d
The Vessels of both Nations shall pass each other without any
impediment or Molestation and all Goods monies or Passengers of
whatsoever Nation that may be on board of the Vessels belonging to
either Party Shall be considered as inviolable and shall be allowed
to pass unmolested.

ARTICLE 4th
All Ships of War belonging to this regency on meeting with Merchant
Vessels belonging to Citizens of the United States shall be allowed
to Visit them with two persons only beside the rowers these two only
permitted to go on board said vessel without obtaining express leave
from the commander of said Vessel who shall compare the Pass-port and
immediately permit said Vessel to proceed on her Voyage unmolested
All Ships of War belonging to the United States of North America on
meeting with an Algerine Cruiser and Shall have seen her pass port
and Certificate from the Consul of the United States of North America
resident in this Regency shall be permittd to proceed on her cruise
unmolested no Pass-port to be Issued to any Ships but such as are
Absolutely the Property of Citizens of the United States and Eighteen
Months Shall be the term allowed for furnishing the Ships of the
United States with Pass-ports.

ARTICLE 5th
No Commander of any Cruiser belonging to this Regency shall be
allowed to take any person of whatever Nation or denomination out of
any Vessel belonging to the United States of North America in order
to Examine them or under presence of making them confess any thing
desired neither shall they inflict any corporal punishment or any way
else molest them.

ARTICLE 6th
If any Vessel belonging to the United States of North America shall
be Stranded on the Coast of this Regency they shall receive every
possible Assistance from the Subjects of this Regency all goods saved
from the wreck shall be Permitted to be Reimbarked on board of any
other Vessel without Paying any Duties at the Custom House.

ARTICLE 7th
The Algerines are not on any presence whatever to give or Sell any
Vessel of War to any Nation at War with the United States of North
America or any Vessel capable of cruising to the detriment of the
Commerce of the United States.

ARTICLE 8th
Any Citizen of the United States of North America having bought any
Prize condemned by the Algerines shall not be again captured by the
Cruisers of the Regency then at Sea altho they have not a Pass-Port a
Certificate from the Consul resident being deemed Sufficient untill
such time they can procure such Pass-Port.

ARTICLE 9th
If any of the Barbary States at War with the United States of North
America shall capture any American Vessel & bring her into any of the
Ports of this Regency they shall not be Permitted to sell her but
Shall depart the Port on Procuring the Requisite Supplies of
Provision.

ARTICLE 10th
Any Vessel belonging to the United States of North America, when at
War with any other Nation shall be permitted to send their Prizes
into the Ports of the Regency have leave to Dispose of them with out
Paying any duties on Sale thereof All Vessels wanting Provisions or
refreshments Shall be permitted to buy them at Market Price.

ARTICLE 11th
All Ships of War belonging to the United States of North America on
Anchoring in the Ports of ye Regency shall receive the Usual presents
of Provisions & Refreshments Gratis should any of the Slaves of this
Regency make their Escape on board said Vessels they shall be
immediately returned no excuse shall be made that they have hid
themselves amongst the People and cannot be found or any other
Equivocation.

ARTICLE 12th
No Citizen of ye United States of North America shall be Oblidged to
Redeem any Slave against his Will even Should he be his Brother
neither shall the owner of A Slave be forced to Sell him against his
Will but All Such agreements must be made by Consent of Parties.
Should Any American Citizen be taken on board an Enemy-Ship by the
Cruisers of this Regency having a Regular pass-port Specifying they
are Citizens of the United States they shall be immediately Sett at
Liberty. on the Contrary they having no Passport they and their
Property shall be considered lawfull Prize as this Regency Know their
friends by their Passports.

ARTICLE 13th
Should any of the Citizens of the United States of North America Die
within the Limits of this Regency the Dey & 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 their be no Consul, the Effects Shall be deposited in the
hands of Some Person worthy of trust untill 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 Divan Give hinderence in the
Execution of any Will that may Appear.

ARTICLE 14th
No Citizen of the United States of North America Shall be oblidged to
purchase any Goods against his will but on the contrary shall be
allowed to purchase whatever it Pleaseth him. the Consul of the
United States of North America or any other Citizen shall not be
answerable for debts contracted by any one of their own Nation unless
previously they have Given a written Obligation so to do. Shou'd the
Dey want to freight any American Vessel that may be in the Regency or
Turkey said Vessel not being engaged, in consequence of the
friendship subsisting between the two Nations he expects to have the
preference given him on his paying the Same freight offered by any
other Nation.

ARTICLE 15th
Any disputes or Suits at Law that may take Place between the Subjects
of the Regency and the Citizens of the United States of North America
Shall be decided by the Dey in person and no other, any disputes that
may arise between the Citizens of the United States, Shall be decided
by the Consul as they are in Such Cases not Subject to the Laws of
this Regency.

ARTICLE 16th
Should any Citizen of the United States of North America Kill, wound
or Strike a Subject of this Regency he Shall be punished in the Same
manner as a Turk and not with more Severity should any Citizen of the
United States of North America in the above predicament escape Prison
the Consul Shall not become answerable for him.

ARTICLE 17th
The Consul of the United States of North America Shall have every
personal Security given him and his houshold he 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 Consul's House at
hours of Prayer the Consul shall have liberty & Personal Security
given him to Travil where ever he pleases within the Regency. he
Shall have free licence to go on board any Vessel Lying in our Roads
when ever he Shall think fitt. the Consul Shall have leave to Appoint
his own Drogaman & Broker.

ARTICLE 18th
Should a War break out between the two Nations the Consul of the
United States of North America and all Citizens of Said States Shall
have leave to Embark themselves and property unmolested on board of
what Vessel or Vessels they Shall think Proper.

ARTICLE 19th
Should the Cruisers of Algiers capture any Vessel having Citizens of
the United States of North America on board they having papers to
Prove they are Really so they and their property Shall be immediately
discharged and Shou'd the Vessels of the United States capture any
Vessels of Nations at War with them having Subjects of this Regency
on board they shall be treated in like Manner.

ARTICLE 20th
On a Vessel of War belonging to the United States of North America
Anchoring in our Ports the Consul is to inform the Dey of her arrival
and She shall be Saluted with twenty one Guns which she is to return
in the Same Quanty or Number and the Dey will Send fresh Provisions
on board as is Customary, Gratis.

ARTICLE 21st
The Consul of ye United States of North America shall not be required
to Pay duty for any thing he brings from a foreign Country for the
Use of his House & family.

ARTICLE 22d
Should any disturbance take place between the Citizens of ye United
States & the Subjects of this Regency or break any Article of this
Treaty War shall not be Declared immediately but every thing shall be
Searched into regularly. the Party Injured shall be made Repairation.
On the 21st of ye Luna of Safer 1210 corrisponding with the 5th
September 1795 Joseph Donaldson Junr on the Part of the United States
of North America agreed with Hassan Bashaw Dey of Algiers to keep the
Articles Contained in this Treaty Sacred and inviolable which we the
Dey & Divan Promise to Observe on Consideration of the United States
Paying annually the Value of twelve thousand Algerine Sequins (1) in
Maritime Stores Should the United States forward a Larger Quantity
the Over-Plus Shall be Paid for in Money by the Dey & Regency any
Vessel that may be Captured from the Date of this Treaty of Peace &
Amity shall immediately be deliver'd up on her Arrival in Algiers.
Sign'd VIZIR HASSAN BASHAW

JOSEPH DONALDSON Jun

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 & concluding a Treaty of Peace
with the Dey and Governors of Algiers; Whereas by Instructions given
to him on the part of the Executive, dated the 28th of March & 4th of
April 1795, he hath been farther authorized to employ Joseph
Donaldson Junior on an Agency in the said business; whereas by a
Writing under his hand and seal, dated the 218$ of May 1795' he did
constitute & appoint Joseph Donaldson Junior Agent in the business
aforesaid; and the said Joseph Donaldson Junior did, on the 5th of
September 1795, agree with Hassan Bashaw Dey of Algiers, to keep the
Articles of the preceding Treaty sacred and inviolable.

Now Know ye, that I David Humphreys, Commissioner Plenipotentiary
aforesaid, do approve & 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 hand and seal, at
the City of Lisbon this 28th of November 1795.
[Seal] DAVID HUMPHREYS.

THE PEACE AND FRIENDSHIP TREATY OF TRIPOLI 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 pitch
ten d rosin
five hundred pine boards
five hundred oak d
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.

THE PEACE AND FRIENDSHIP TREATY OF TUNIS 1797

Treaty of Peace and Friendship, signed at Tunis August 28, 1797, and,
with alterations, March 26, 1799. Original in Turkish. Submitted to
the Senate February 21, 1798. Resolution of advice and consent, on
condition, March 6, 1798. Resubmitted to the Senate December 13,
1799. Resolution of advice and consent to altered Articles 11, 12,
and 14, December 24, 1799. Ratified by the United States January 10,
1800. As to the ratification generally, see the notes <bar1797n.htm>.
Not proclaimed (semble), but see the notes as to publication
<bar1797n.htm>.

The following pages of Turkish are a reproduction of the articles of
the original of the altered treaty; but they are arranged in left-to-
right order of pagination, and of necessity the Turkish script runs
length-ways of the pages. They are followed by the French translation
which is written in the original document and the English translation
which is in the Department of State file; after the translations is
the approval of Humphreys of the treaty as first signed, and then the
approval of Eaton and Cathcart of the altered treaty, as copied in
the original. Following those tents is a comment on the French
translation, written in 1930. (*)

God is infinite.

Under the auspices of the greatest, the most powerful of all the
princes of the Ottoman nation who reign upon the earth, our most
glorious and most august Emperor, who commands the two lands and the
two seas, Selim Khan I the victorious, son of the Sultan Moustafa,
whose realm may God prosper until the end of ages, the support of
kings, the seal of justice, the Emperor of emperors.

The most illustrious and most magnificent Prince Hamuda Pasha, Bey,
who commands the Odgiak of Tunis, the abode of happiness; and the
most honored Ibrahim Dey; and Suleiman, Agha of the Janizaries and
chief of the Divan; and all the elders of the Odgiak; and the most
distinguished and honored President of the Congress of the United
States of America, the most distinguished among those who profess the
religion of the Messiah, of whom may the end be happy.

We have concluded between us the present Treaty of Peace and
Friendship, all the articles of which have been framed by the
intervention of Joseph Stephen Famin, French merchant resident at
Tunis, Charge d'Affaires of the United States of America; which
stipulations and conditions are comprised in twenty-three articles,
written and expressed in such manner as to leave no doubt of their
contents, and in such way as not to be contravened.

ARTICLE 1.
There shall be a perpetual and constant peace between the United
States of America and the magnificent Pasha, Bey of Tunis, and also a
permanent friendship, which shall more and more increase.

ARTICLE 2.
If a vessel of war of the two nations shall make prize of an enemy
vessel in which may be found effects, property, and subjects of the
two contracting parties, the whole shall be restored; the Bey shall
restore the property and subjects of the United States, and the
latter shall make a reciprocal restoration; it being understood on
both sides that the just right to what is claimed shall be proved.

ARTICLE 3.
Merchandise belonging to any nation which may be at war with one of
the contracting parties, and loaded on board of the vessels of the
other, shall pass without molestation and without any attempt being
made to capture or detain it.

ARTICLE 4.
On both sides sufficient passports shall be given to vessels, that
they may be known and treated as friendly; and considering the
distance between the two countries, a term of eighteen months is
given, within which term respect shall be paid to the said passports,
without requiring the conge or document (which at Tunis is called
testa), but after the said term the conge shall be presented.

ARTICLE 5.
If the corsairs of Tunis shall meet at sea with ships of war of the
United States having under their escort merchant vessels of their
nation, they shall not be searched or molested; and in such case the
commanders shall be believed upon their word, to exempt their ships
from being visited and to avoid quarantine. The American ships of war
shall act in like manner towards merchant vessels escorted by the
corsairs of Tunis.

ARTICLE 6.
If a Tunisian corsair shall meet with an American merchant vessel and
shall visit it with her boat, she shall not exact anything, under
pain of being severely punished; and in like manner, if a vessel of
war of the United States shall meet with a Tunisian merchant vessel,
she shall observe the same rule. In case a slave shall take refuge on
board of an I American vessel of war, the Consul shall be required to
cause him to be restored; and if any of their prisoners shall escape
on board of the Tunisian vessels, they shall be restored; but if any
slave shall take refuge in any American merchant vessel, and it shall
be proved that the vessel has departed with the said slave, then he
shall be returned, or his ransom shall be paid.

ARTICLE 7.
An American citizen having purchased a prize-vessel from our Odgiak,
may salt our passport, which we will de liver for the term of one
year, by force of which our corsairs which may meet with her shall
respect her; the Consul on his part shall furnish her with a bill of
sale; and considering the distance of the two countries, this term
shall suffice to obtain a passport in form. But after the expiration
of this term, if our corsairs shall meet with her without the
passport of the United States, she shall be stopped and declared good
prize, as well the vessel as the cargo and crew.

ARTICLE 8.
If a vessel of one of the contracting parties shall be obliged to
enter into a port of the other and may have need of provisions and
other articles, they shall be granted to her without any difficulty,
at the price current at the place; and if such a vessel shall have
suffered at sea and shall have need of repairs, she shall be at
liberty to unload and reload her cargo without being obliged to pay
any duty; and the captain shall only be obliged to pay the wages of
those whom he shall have employed in loading and unloading the
merchandise.

ARTICLE 9.
If, by accident and by the permission of God, a vessel of one of the
contracting parties shall be cast by tempest upon the coasts of the
other and shall be wrecked or otherwise damaged, the commandant of
the place shall render all possible assistance for its preservation,
without allowing any person to make any opposition; and the
proprietor of the effects shall pay the costs of salvage to those who
may have been employed.

ARTICLE 10.
In case a vessel of one of the contracting parties shall be attacked
by an enemy under the cannon of the forts of the other party, she
shall be defended and protected as much as possible; and when she
shall set sail, no enemy shall be permitted to pursue her from the
same port, or any other neighboring port, for forty-eight hours after
her departure.

ARTICLE 11.
When a vessel of war of the United States of America shall enter the
port of Tunis, and the Consul shall request that the castle may
salute her, the number of guns shall be fired which he may request;
and if the said Consul does not want a salute, there shall be no
question about it.

But in case he shall desire the salute, and the number of guns shall
be fired which he may have requested, they shall be counted and
returned by the vessel in as many barrels of cannon powder.
The same shall be done with respect to the Tunisian corsairs when
they shall enter any port of the United States.

ARTICLE 12.
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 unlace or ship them on
board of another vessel, we will not permit him until 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 of the two contracting powers shall be under the
protection of the Prince and under the jurisdiction of the chief of
the place where they may be, and no other persons shall have
authority over them. If the commandant of the place does not conduct
himself agreeably to justice, a representation of it shall be made to
us.

In case the Government shall have need of an American merchant
vessel, it shall cause it to be freighted, and then a suitable
freight shall be paid to the captain, agreeably to the intention of
the Government, and the captain shall not refuse it.

ARTICLE 13.
If among the crews of merchant vessels of the United States, there
shall be found subjects of our enemies, they shall not be made
slaves, on condition that they do not exceed a third of the crew; and
when they do exceed a third, they shall be made slaves. The present
article only concerns the sailors, and not the passengers, who shall
not be in any manner molested.

ARTICLE 14.
A Tunisian merchant who may go to America with a vessel of any nation
soever, loaded with merchandise which is the production of the
kingdom of Tunis, shall pay duty (small as it is) like the merchants
of other nations; and the American merchants shall equally pay, for
the merchandise of their country which they may bring to Tunis under
their flag, the same duty as the Tunisians pay in America.
But if an American merchant, or a merchant of any other nation, shall
bring American merchandise under any other flag, he shall pay six I
per cent duty. In like manner, if a foreign merchant shall bring the
merchandise of his country under the American flag, he shall also pay
six (1) per cent.

ARTICLE 15.
It shall be free for the citizens of the United States to carry on
what commerce they please in the kingdom of Tunis, without any
opposition, and they shall be treated like the merchants of other
nations; but they shall not carry on commerce in wine, nor in
prohibited articles; and if any one shall be detected in a contraband
trade, he shall be punished according to the laws of the country. The
commandants of ports and castles shall take care that the captains
and sailors shall not load prohibited articles; but if this should
happen, those who shall not have contributed to the smuggling shall
not be molested nor searched, no more than shall the vessel and
cargo; but only the offender, who shall be demanded to be punished.
No captain shall be obliged to receive merchandise on board of his
vessel, nor to unlace the same against his will, until the freight
shall be paid.

ARTICLE 16.
The merchant vessels of the United States which shall cast anchor in
the road of the Gouletta, or any other port of the Kingdom of Tunis,
shall be obliged to pay the same anchorage for entry and departure
which French vessels pay, to wit: Seventeen plasters and a half,
money of Tunis, for entry, if they import merchandise; and the same
for departure, if they take away a cargo; but they shall not be
obliged to pay anchorage if they arrive in ballast and depart in the
same manner.

ARTICLE 17.
Each of the contracting parties shall be at liberty to establish a
consul in the dependencies of the other; and if such consul does not
act in conformity with the usages of the country, like others, the
government of the place shall inform his Government of it, to the end
that he may be changed and replaced; but he shall enjoy, as well for
himself as his family and suite, the protection of the government.
And he may import for his own use all his provisions and furniture
without paying any duty; and if he shall import merchandise (which it
shall be lawful for him to do), he shall pay duty for it.

ARTICLE 18.
If the subjects or citizens of either of the contracting parties,
being within the possessions of the other, contract debts or enter
into obligations, neither the consul nor the nation, nor any subjects
or citizens thereof, shall be in any manner responsible, except they
or the consul shall have previously become bound in writing; and
without this obligation in writing they cannot be called upon f or
indemnity or satisfaction.

ARTICLE 19.
In case of a citizen or subject of either of the contracting parties
dying within the possessions of the other, the consul or the vakil
shall take possession of his effects (if he does not leave a will),
of which he shall make an inventory; and the government of the place
shall have nothing to do therewith. And if there shall be no consul,
the effects shall be deposited in the hands of a confidential person
of the place, taking an inventory of the whole, that they may
eventually be delivered to those to whom they of right belong.

ARTICLE 20.
The consul shall be the judge in all disputes between his fellow
citizens or subjects, as also between all other persons who may be
immediately under his protection; and in all cases wherein he shall
require the assistance of the government where he resides to sanction
his decisions, it shall be granted to him.

ARTICLE 21.
If a citizen or subject of one of the parties shall kill, wound, or
strike a citizen or subject of the other, justice shall be done
according to the laws of the country where the offense shall be
committed. The consul shall be present at the trial; but if any
offender shall escape, the consul shall be in no manner responsible
for it.

ARTICLE 22.
If a dispute or lawsuit on commercial or other civil matters shall
happen, the trial shall be had in the presence of the consul, or of a
confidential person of his choice, who shall represent him and
endeavor to accommodate the difference which may have happened
between the citizens or subjects of the two nations.

ARTICLE 23.
If any difference or dispute shall take place concerning the
infraction of any article of the present treaty on either side, peace
and good harmony shall not be interrupted until a friendly
application shall have been made for satisfaction; and resort shall
not be had to arms therefor, except where such application shall have
been rejected; and if war be then declared, the term of one year
shall be allowed to the citizens or subjects of the contracting
parties to arrange their affairs and to withdraw themselves with
their property.

The agreements and terms above concluded by the two contracting
parties shall be punctually observed with the will of the Most High.
And for the maintenance and exact observance of the said agreements,
we have caused their contents to tee here transcribed, in the present
month of Rabia Elul, of the Hegira one thousand two hundred and
twelve, corresponding with the month of August of the (Christian year
one thousand seven hundred and ninety-seven.

The BEY'S signature
[Seal]

IBRAHIM DEY'S signature [Seal]

The AGHA SULEIMAN'S signature [Seal]

To all to whom these Presents shall come or be made known.
W
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 day of March 1795, for negotiating and concluding a Treaty of
Amity and (commerce with the Most Excellent & Illustrious Lord the
Bey and Supreme (commander of the State of Tunis; whereas in
conformity to the necessary authority committed to him therefor, he
did constitute and appoint Joel Barlow an Agent in the business
aforesaid; and whereas the annexed Treaty was in consequence thereof
agreed upon, in the manner and at the time therein mentioned through
the intervention of Joseph Stephen Famin invested with full Powers
for the said purpose.

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 &
affixed thereto my Seal, at the City of Madrid this fourteenth day of
November 1797.

[Seal] DAVID HUMPHREYS.
Whereas the President of the United States of America, by his Letters
patent, under his signature and the seal of State, dated [Seal] the
18th day of December 1798, vested Richard OBrien,
William Eaton and James Leander Cathcart, or any two of them in the
absence of the third, with full powers to confer, negotiate and
conclude with the Bey and Regency of Tunis, on certain alterations in
the treaty between the United States and the government of Tunis,
concluded by the intervention of Joseph Etienne Famin on behalf of
the United States, in the month of August 1797; we the underwritten
William Eaton and James Leander Cathcart (Richard O'Brien being
absent) have concluded on and entered in the foregoing treaty certain
alterations in the eleventh, twelfth and fourteenth articles, and do
agree to said treaty with said alterations: 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. In
Testimony whereof we annex our names and the Consular seal of the
United States. Done in Tunis the twenty sixth day of March in the
year of the Christian Era one thousand seven hundred and ninety nine,
and of American Independence the twenty third.

(signed) WILLIAM EATON
JAMES LEAR CATHCART

THE PEACE AND AMITY TREATY OF TRIPOLI 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.

ARTICLE 1st
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.

ARTICLE 2d
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.

ARTICLE 3rd
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

ARTICLE 4th
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 5th
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.

ARTICLE 6th
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.

ARTICLE 7th
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.

ARTICLE 8th
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.

ARTICLE 9th
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.

ARTICLE 10th
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.

ARTICLE 11th
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.

ARTICLE 12th
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.

ARTICLE 13th
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.

ARTICLE 14th
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.

ARTICLE 15th
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.

ARTICLE 16th
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.

ARTICLE 17th
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.

ARTICLE 18th
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.

ARTICLE 19th
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.

ARTICLE 20th
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

[Receipt]
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

THE PEACE TREATY OF ALGIERS 1815

Treaty of Peace, signed Algiers June 30 And July 3, 1815. Original in
English. Submitted to the Senate December 6, 1815. Resolution of
advice and consent December 21, 1815. Ratified by the United States
December 26,1815. As to the ratification generally, see the notes
<bar1815n.htm>. Proclaimed December 26, 1815.

Treaty of peace concluded between His United States of America and
his Highness Omar Bashaw Dey of Algiers.

ARTICLE 1st
There shall be from the Conclusion of this treaty, a firm 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 upon the terms of the most
favored 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 nation; 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 ever be required by the Dey and Regency of Algiers
from the United States of America on any pretext whatever.

ARTICLE 3rd
The Dey of Algiers shall cause to be immediately delivered up to the
American Squadron now off Algiers all the American Citizens now in
his possession, amounting to ten more or less, and all the Subjects
of the Dey of Algiers now in the power of the United States amounting
to five hundred more or less, shall be delivered up to him, the
United States according to the usages of civilized nations requiring
no ransom for the excess of prisoners in their favor.

ARTICLE 4th
A just and full compensation shall be made by the Dey of Algiers to
such citizens of the United States, as have been Captured, and
detained by Algerine Cruizers, or who have been forced to abandon
their property in Algiers in violation of the 22d article of the
treaty of peace and amity1 concluded between the United States and
the Dey of Algiers on the 5 September 1795.

And it is agreed between the contracting parties, that in lieu of the
above, the Dey of Algiers shall cause, to be delivered forthwith into
the hands of the American Consul residing in Algiers the whole of a
quantity of Bales of Cotton left by the late Consul General of the
United States in the public magazines in Algiers; and that he shall
pay into the hands of the said Consul the sum of ten thousand Spanish
dollars.

ARTICLE 5th
If any goods belonging to any nation with which either of the parties
are at war should be loaded on board of 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 Ennemy by the other party, such
Citizens or subjects shall be liberated immediately, and in no case
or on any presence whatever 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 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 with a Cruizer 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
pretence 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 she be compelled to
land her Cargo.

ARTICLE 1OTH.
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 to her crew; no pillage shall be allowed. The
property shall remain at the disposal of the owners, and if reshipped
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 ennemy 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 Ennemy 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 right of establishing Consuls in
each country, the privileges, immunities and jurisdictions to be
enjoyed by such Consuls, are declared to be upon the same footing in
every respect with the most favored nations respectively.

ARTICLE 13TH.
On a vessel or vessels of war belonging to the United States of
America 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 favored
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 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 anything for the said Christians.

ARTICLE 14th.
The Consul of the United States of America shall not be responsable
for the debts Contracted by the Citizens of his own Country unless he
gives previously written obligations so to do.

ARTICLE 15TH.
As the Government of the United States of America has in itself no
character of enmity against the laws, religion, or tranquility 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 Harmony between the two nations; and the Consuls and
agents of both nations, shall have liberty to Celebrate the rights 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, both by
land, and by sea, and shall not be prevented from going on board of
any vessel they may think proper to visit; they shall likewise have
the liberty of apointing their own Dragoman, and Broker.

ARTICLE 16TH.
In Case of any dispute arrising 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
war should be the event, the Consuls, and Citizens, and subjects of
both parties respectively shall be permitted to embark with their
families and 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 labor, or other confinement
than such as may be necessary to secure their safe keeping, and they
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 Ennemies shall have
liberty to frequent the ports of Algiers for refreshment of any
kinds, 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 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 dispute
shall arise between any citizens of the United States, and the
citizens or subjects of any other nation having a Consul or agent in
Algiers, such disputes shall be settled by the Consuls or agents of
the respective nations; and any dispute 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 tryal; 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
responsable 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 & family.

ARTICLE 22d
Should any of the citizens of the United States 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.

Done at Algiers on the 30th day of June A. D. 1815.
(Signed) OMAN BASHAW (L. S.)

Whereas the undersigned William Shaler a Citizen of the United
States, and Stephen Decatur Commander in chief of the U. S. naval
forces now in the medeterrenean, being duly appointed Commissioners
by letters patent under the signature of the President, and Seal of
the U. S. of America, bearing date at the City of Washington the 9th
day of April 1815 for negotiating and concluding a treaty of peace
between the U. S. of America, and the Dey of Algiers.

Now Know Ye that we William Shaler and Stephen Decatur 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
Done on board of the United States Ship Guerriere in the bay of
Algiers on the 3d day of July in the year 1815 and of the
independence of the U. S. 40th.

(Signed) WE SHALER

 

THE PEACE AND AMITY TREATY OF ALGIERS 1816

Treaty of Peace and Amity, with Article Additional and Explanatory,
signed at Algiers December 22 and 23, 1816. Original In English.
Submitted to the Senate January 7, 1822. (Message of December 30,
1821.) Resolution of advice and consent February 1, 1822. Ratified by
the United States February 11, 1822. As to the ratification
generally, see the notes <bar1816n.htm>. Proclaimed February 11,
1822. Following the English text is a reproduction of the Turkish
translation or summary, and thereafter is an English translation of
the Turkish, made in 1930.

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

[Seal] Wm SHALER
[Seal] I. CHAUNCEY

 

THE PEACE AND FRIENDSHIP TREATY OF TUNIS 1824 (AMMENDMENTS to 1797)

Convention Amending the Treaty of August 1797, and March 26, 1799
(Document 21 <bar1797t.htm>), signed at Bardo, near Tunis, February
24, 1824 (24 Ramada II, A. H. 1239). Original in English. Submitted
to the Senate December 15, 1825. (Message of December 13, 1824.)
Resolution of advice and consent January 13, 1825. Ratified by the
United States between January 13 and 21,1825. As to the ratification
generally, see the notes. Proclaimed January 21,

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 PEACE TREATY OF MOROCCO 1836

Treaty of Peace, signed at Meccanez (Meknes or Meqqbinez) September
16, 1836 (3 Jumada II, A.H. :1252). Original in Arabic.

A document including a copy of the treaty in Arabic and an English
translation, followed by a clause of conclusion under the seal of the
United States consulate at Tangier, was signed by James R. Leib,
consul and agent of the United States, on October 1, 1836.

Submitted to the Senate December 26, 1836. (Message of December 20,
1836.) Resolution of advice and consent January 17, 1837. Ratified by
the United States January 28, 1837. As to the rati~cation generally,
see the notes. Proclaimed January So, 1837.

The following twenty-six pages of Arabic text are a reproduction of
the pages of the original treaty; but they are arranged in left-to-
right order of pagination.(1) Then, from the above-mentioned document
signed by James R. Leib on October 1, 1836, is printed the English
translation, with the clause of conclusion reserving the treaty for
the ratification of the President by and with the advice and consent
of the Senate.

[Translation]
In the name of God, the merciful and Clement!

(Abd Errahman Ibenu Kesham whom God exalt!)

Praise be to God!

This is the copy of the Treaty of peace which we have made with the
Americans; and written in this book; affixing thereto our blessed
Seal, that, with the help of God, it may remain firm for ever.
Written at Meccanez, the City of Olives, on the 30 day of the month
Jumad el lahhar, in the year of the Hegira 1252. (corresponding to
Sept. 16. A.D. 1836.)

ART. 1.
We declare that both Parties have agreed that this Treaty, consisting
of Twenty five Articles, shall be inserted in this Book, and
delivered to James R. Leib, Agent of the United States, and now their
Resident Consul at Tangier, with whose approbation it has been made,
and who is duly authorized on their part, to treat with us,
concerning all the matters contained therein.

ART. 2.
If either of the parties shall be at war with any nation whatever,
the other shall not take a commission from the enemy, nor fight under
their colors.

ART. 3.
If either of the parties shall be at war with any nation whatever,
and take a prize belonging to that nation, and there shall be found
on board subjects or effects belonging to either of the parties, the
subjects shall be set at Liberty, and the effects returned to the
owners. And if any goods, belonging to any nation, with whom either
of the parties shall be at war, shall be loaded on vessels belonging
to the other party, they shall pass free and unmolested, without any
attempt being made to take or detain them.

ART. 4.
A signal, or pass, shall be given to all vessels belonging to both
parties, by which they are to be known when they meet at sea: and if
the Commander of a ship of war of either party shall have other ships
under his convoy, the declaration of the Commander shall alone be
sufficient to exempt any of them from examination.

ART. 5.
If either of the parties shall be at war, and shall meet a vessel at
sea belonging to the other, it is agreed, that if an examination is
to be made, it shall be done by sending a boat with two or three men
only: and if any gun shall be fired, and injury done, without reason,
the offending party shall make good all damages.

ART. 6.
If any Moor shall bring citizens of the United States, or their
effects, to his Majesty, the citizens shall immediately be set at
liberty, and the effects restored: and, in like manner, if any Moor,
not a subject of these dominions, shall make prize of any of the
citizens of America or their effects, and bring them into any of the
ports of his Majesty, they shall be immediately released, as they
will then be considered as under his Majesty's protection.

ART. 7
If any vessel of either party, shall put into a port of the other,
and have occasion for provisions or other suplies, they shall be
furnished without any interruption or molestation.

ART. 8.
If any vessel of the United States, shall meet with a disaster at
sea, and put into one of our ports to repair, she shall be at Liberty
to land and reload her cargo, without paying any duty whatever.

ART. 9.
If any vessel of the United States, shall be cast on shore on any
part of our coasts, she shall remain at the disposition of the
owners, and no one shall attempt going near her without their
approbation, as she is then considered particularly under our
protection; and if any vessel of the United States shall be forced to
put into our ports by stress of weather, or otherwise, she shall not
be compelled to land her cargo, but shall remain in tranquility until
the commander shall think proper to proceed on his voyage.

ART. 10.
If any vessel of either of the parties shall have an engagement with
a vessel belonging to any of the Christian powers, within gun-shot of
the forts of the other, the vessel so engaged, shall be defended and
protected as much as possible, until she is in safety: and if any
American vessel shall be cast on shore, on the coast of Wadnoon, or
any coast thereabout, the people belonging to her, shall be protected
and assisted, until by the help of God, they shall be sent to their
country.

ART. 11.
If we shall be at war with any Christian power, and any of our
vessels sails from the ports of the United States, no vessel
belonging to the enemy shall follow, until twenty-four hours after
the departure of our vessels: and the same regulation shall be
observed towards the American vessels sailing from our ports, be
their enemies Moors or Christians.

ART. 12.
If any ship of war belonging to the United States, shall put into any
of our ports, she shall not be examined on any presence whatever,
even though she should have fugitive slaves on board, nor shall the
governor or commander of the place compel them to be brought on shore
on any pretext, nor require any payment for them.

ART. 13.
If a ship of war of either party shall put into a port of the other,
and salute, it shall be returned from the fort with an equal number
of guns, not more or less.

ART. 14.
The commerce with the United States, shall be on the same footing as
is the commerce with Spain, or as that with the most favored nation
for the time being; and their citizens shall be respected and
esteemed, and have full liberty to pass and repass our country and
sea-ports whenever they please, without interruption.

ART. 15.
Merchants of both countries shall employ only such interpreters, and
such other persons to assist them in their business, as they shall
think proper. No commander of a vessel shall transport his cargo on
board another vessel: he shall not be detained in port longer than he
may think proper; and all persons employed in loading or unloading or
in any other labor whatever, shall be paid at the customary rates,
not more and not less.

ART. 16.
In case of a war between the parties, the prisoners are not to be
made slaves, but to be exchanged one for another. Captain for
Captain, Officer for Officer, and one private man for another; and if
there shall prove a deficiency, on either side, it shall be made up
by the payment of one hundred Mexican dollars for each person
wanting. And it is agreed, that all prisoners shall be exchanged in
twelve months from the time of their being taken, and that this
exchange may be effected by a merchant, or any other person,
authorized by either of the parties.

ART. 17.
Merchants shall not be compelled to buy or sell any kind of goods but
such as they shall think proper: and nary buy and sell all sorts of
merchandise but such as are prohibited to the other Christian
nations.

ART. 18.
All goods shall be weighed and examined before they are sent on
board; and to avoid all detention of vessels, no examination shall
afterwards be made, unless it shall first be proved that contraband
goods have been sent on board; in which case, the persons who took
the contraband goods on board, shall be punished according to the
usage and custom of the country, and no other person whatever shall
be injured, nor shall the ship or cargo incur any penalty or damage
whatever.

ART. 19.
No vessel shall be detained in port on any presence whatever, nor be
obliged to take on board any article without the consent of the
Commander, who shall be at full liberty to agree for the freight of
any goods he takes on board.

ART. 20.
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 our government, to enforce his
decisions, it shall be immediately granted to him.

ART. 21.
If a citizen of the United States should kill or wound a Moor, or, on
the contrary, if a Moor 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.

ART. 22.
If an American citizen shall die in our country, and no will shall
appear, the Consul shall take possession of his effects; and if there
shall 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; but if the heir to the person deceased be
present, the property shall be delivered to him without interruption;
and if a will shall appear the property shall descend agreeably to
that will, as soon as the Consul shall declare the validity thereof.

ART. 23.
The Consul of the United States of America, shall reside in any
seaport of our dominions that they shall think proper: and they shall
be respected, and enjoy all the priviliges which the Consuls of any
other Nation enjoy: and if any of the citizens of the United States
shall contract any debts or engagements, the Consul shall not be in
any manner accountable for them, unless he shall have given a promise
in writing for the payment or fulfilling thereof; without which
promise in writing, no application to him for any redress shall be
made.

ART. 24.
If any differences shall arise by either party infringing on any of
the Articles of this treaty, peace and harmony shall remain
notwithstanding, in the fullest force, until a friendly application
shall be made for an arrangement; and until that application shall be
rejected, no appeal shall be made to arms. And if a war shall break
out between the parties, nine months shall be granted to all the
subjects of both parties, to dispose of their effects and retire with
their property. And it is further declared, that whatever indulgence,
in trade or otherwise, shall be granted to any of the Christian
powers, the citizens of the United States shall be equally entitled
to them.

ART. 25.
This Treaty shall continue in force, with the help of God, for fifty
years; after the expiration of which term, the Treaty shall continue
to be binding on both parties, until the one shall give twelve months
notice to the other of an intention to abandon it; in which case, its
operations shall cease at the end of the twelve months.
CONSULATE OF THE UNITED STATES OF AMERICA.

For The Empire of Morocco.

TO ALL WHOM IT MAY CONCERN.

BE IT KNOWN.

Whereas the undersigned, James R. Leib, a Citizen of the United
States of North America, and now their Resident Consul at Tangier,
having been duly appointed Commissioner, by letters patent, under the
signature of the President and Seal of the United States of North
America, bearing date, at the City of Washington, the Fourth day of
July A.D. 1835, for negotiating and concluding a Treaty of peace and
friendship between the United States of North America and the Empire
of Morocco; I, therefore, James R. Leib, 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 North America,
by and with the advice and consent of the Senate.

In testimony whereof, I have hereunto affixed my signature, and the
Seal of this Consulate, on the First day of October, in the year of
our Lord One Thousand eight hundred and Thirty sin, and of the
Independence of the United States the Sixty First.

[Seal] JAMES R. LEIB


Get
                                    a playlist! Standalone player Get Ringtones

JOIN ALLAH'S TEMPLE,
morocco.gif
WE'RE ABOUT OUR FATHERS WORK