Tripoli Treaty of Peace 1796
Treaty of Peace and Friendship between the United States, and the Bey and Subjects of Tripoli of Barbary
[Authored by American diplomat Joel Barlow in 1796, the following treaty was sent to the floor of the Senate, June 7, 1797, where it passed. John Adams then signed it where it is recorded in the Annals of Congress, 5th Congress.]
Article 1. There is a firm and perpetual peace and friendship between the United States of America and the Bey and subjects of Tripoli, of Barbary, made by the free consent of both parties, and guarantied by the most potent Dey and Regency of Algiers.
Art. 2. If any goods belonging to any nation with which either of the parties is at war, shall be loaded on board of vessels belonging to the other party, they shall pass free, and no attempt shall be made to take or detain them.
Art. 3. If any citizens, subjects, or effects, belonging to either party, shall be found on board a prize vessel taken from an enemy by the other party, such citizens or subjects shall be set at liberty, and the effects restored to the owners.
Art. 4. Proper passports are to be given to all vessels of both parties, by which they are to be known. And considering the distance between the two countries, eighteen months from the date of this treaty, shall be allowed for procuring such passports. During this interval the other papers, belonging to such vessels, shall be sufficient for their protection.
Art. 5. A citizen or subject of either party having bought a prize vessel, condemned by the other party, or by any other nation, the certificates of condemnation and bill of sale shall be a sufficient passport for such vessel for one year; this being a reasonable time for her to procure a proper passport.
Art. 6. Vessels of either party, putting into the ports of the other, and having need of provisions or other supplies, they shall be furnished at the market price. And if any such vessel shall so put in, from a disaster at sea, and have occasion to repair, she shall be at liberty to land and re-embark her cargo without paying any duties. But in case shall she be compelled to the land her cargo.
Art. 7. Should a vessel of either party be cast on the shore of the other, all proper assistance shall be given to her and her people; no pillage shall be allowed; the property shall remain at the disposition of the owners; and the crew protected and succored till they can be sent to their country.
Art. 8. If a vessel of either party should be attacked by an enemy, within gun-shot of the forts of the other, she shall be defended as much as possible. If she be in port she shall not be seized on or attacked, when it is in the power of the other party to protect her. And when she proceeds to sea, no enemy shall be allowed to pursue her from the same port, within twenty-four hours after her departure.
Art. 9. The commerce between the United States and Tripoli; the protection to be given to merchants, masters of vessels, and seamen; the reciprocal right of the establishing Consuls in each country; and the privileges, immunities, and jurisdiction, to be on the same footing with those of the most favored nations respectively.
Art. 10. The money and presents demanded by the Bey of Tripoli, as a full and satisfactory consideration on his part, and on the part of his subjects, for this treaty of perpetual peace and friendship, are acknowledged to have been received by him previous to his signing the same, according to a receipt which is hereto annexed, except such as part as is promised, on the part of the United States, to be delivered and paid by them on the arrival of their Consul in Tripoli; of which part a note is likewise hereto annexed. And no pretense of any periodical tribute of further payments is ever to be made by either party.
Art. 11. As the Government of the United States of America is not, in any sense, founded on the Christian religion; as it has in itself no character of enmity against the laws, religion, or tranquility, of Mussulmen; and, as the said States never entered into any war, or act of hostility against any Mahometan nation, it is declared by the parties, that no pretext arising from religious opinions, shall ever produce an interruption of the harmony existing between the two countries.
Art. 12. In case of any dispute, arising from a violation of any of the articles of this treaty, no appeal shall be made to arms; nor shall war be declared on any pretext whatever. But if the Consul, residing at the place where the dispute shall happen, shall not be able to settle the same, an amicable reference shall be made to the mutual friend of the parties, the Dey of Algiers; the parties hereby engaging to abide by his decision. And he, by virtue of his signature to this treaty, engages for himself and successors to declare the justice of the case, according to the true interpretation of the treaty, and to use all the means in his power to enforce the observance of the same.
Signed and sealed at Tripoli of Barbary the 3d day of Junad in the year of the Hegira 1211- corresponding with the 4th day of November, 1796, by
JUSSOF BASHAW MAHOMET, Bey.
MAMET, Treasurer.
AMET, Minister of Marine.
SOLIMAN KAYA.
GALIL, General of the Troops.
MAHOMET, Commander of the City.
AMET, Chamberlain.
ALLY, Chief of the Divan.
MAMET, Secretary.
Signed and sealed at Algiers, the 4th day of Argill, 1211-corresponding with the 3d day of
January, 1797, by
HASSAN BASHAW, Dey,
And by the agent Plenipotentiary of the United States of America,
JOEL BARLOW.
Commentary: This treaty was one of the worst mistakes made by John Adams as President, and it, along with other mistakes, led to his losing the election of 1800, and not being reelected President. Thus, opening the door to Jefferson and the Democrats to take over the presidency.
This failure by Adams is in line with other mistakes American presidents have made, wherein they either over-react by being too forceful in pursuit of national purposes (Nixon for example) or under-react by being to timid in the face of enemies at home and abroad.
In this case Adams was guilty of the latter. He gave away too much to maintain the peace, and that kind of appeasement only leads to greater war later on. The Muslims misled by our seeming weakness, immediately renewed their attacks on our shipping and the shipping of other European powers, which led to war under Jefferson’s administration.
Other than serving as a warning against the temptations of appeasement, the treaty is often quoted by those who oppose religion generally as evidence that America is not, and was not, founded as a Christian nation. Clearly, the Muslims of Tripoli wanted that sort of disclaimer from the Adams administration, and Barlow, speaking for Adams showed himself so eager for peace that he agreed to almost anything, in exchange for nothing of substance.
The result of such a one-sided treaties is to bring on war, not prevent it, which it faithfully did a few years later. A war, by the way, which we then won and thereby settled the hash of the Barbary Pirates for good.
Despite this fatuous wording, America is, and was, founded as a Christian nation, whether secular Democrats, and the Muslims of North Africa like it or not. The treaty itself may be binding, but not every single word is binding.
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