sul 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 his 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 Hegira 1211, corresponding with the 4th day of November, 1796, by

JUSSUF BASHAW MAHOMET, Bey.
MAMET, Treasurer.

[L. S.]

L. S.

L. S.

L. S.

L. S.

L. S.

L. S.

L. S.

L. S.

Signed and sealed at Algiers, the 4th day of Argil, 1211, corresponding with the 3d day of January, 1797, by

HASSAN BASHAW, Dey. [L. S.]

And by the Agent Plenipotentiary of the United States of America, JOEL BARLOW. [L. S.]

Certificate of the

I, Joel Barlow, Agent and Consul General of the United States of America, for the City and Kingdom of Algiers, certify and attest that the foregoing is a true copy of the treaty, con- copy, by Joel Barlow. cluded between the said United States and the Bey and subjects of Tripoli of Barbary, of which the original is to be transmitted by me to the Minister of the said United States, in Lisbon.

In testimony whereof, I sign these presents with my hand, and affix thereto the seal of the Consulate of the United States, at Algiers, this 4th day of January, 1797.

JOEL BARLOW. [L. S.]

Confirmation of

Humphreys.

To all to whom these presents shall come or be made known: Whereas the under-written David Humphreys hath been duly appointed Commissioner Plenipotentiary, by letters-patent under the signature of the President and seal of the United the treaty by David States of America, dated the 30th of March, 1795, for negociating and concluding a treaty of peace with the most illustrious the Bashaw, Lords and Governors of the City and 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 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.

DAVID HUMPHREYS. [L. S.]

TRIPOLI, 1805.

TREATY OF PEACE AND AMITY BETWEEN THE UNITED STATES OF AMERICA AND THE BASHAW, BEY, AND SUBJECTS OF TRIPOLI, IN BARBARY, CONCLUDED JUNE 4, 1805.

Peace and friend

ARTICLE I.

There shall be from the conclusion of this treaty a firm, inviolable, and universal peace, and a sincere friendship, between the ship re-established. 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 favored nation. And if either party shall hereafter grant to any other nation any particCommerce, &c. ular favor or privilege 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.

Prisoners.

ARTICLE II.

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 Tripoline subjects in the power of the Americans is 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.

American forces in

Derne.

ARTICLE III.

All the forces of the United States which have been or may be in hostility against the Bashaw of Tripoli, in the province of 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 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 power.

ARTICLE IV.

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 attempts shall be made to take or detain them.

ARTICLE V.

Free ships to make free goods.

Citizens, &c., to be

If any citizens or subjects, with 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 liber- given up if taken in ated immediately, and their effects so captured shall be restored to their lawful owners, or their agents.

ARTICLE VI.

prize-vessels.

Passports.

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, without first obtaining leave from the commander of said vessel, who shall compare the passport, and immediately permit said vessel to proceed on her voyage; and should any of the said subjects of Tripoli 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 by the Consul of the United States of America resident at Tripoli, and on his producing sufficient proof to substantiate the fact, the commander or rais of said Tripoline 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 Tripoli, on having seen her passport and certificate from the Consul of the United States of America residing in the Regency, 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 said contracting parties, on any pretence whatever.

ARTICLE VII.

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 shall be a sufficient passport for such vessel for two years, which, considering the distance between the two countries, is no more than a reasonable time for her to procure proper passports.

ARTICLE VIII.

Vessels of both nations permitted to touch at the ports of

Vessels of either party, putting into the ports of the other, and hav ing need of provisions or other supplies, they shall be furnished at the market price, and if any such vessel should so each, for provisions, put in, from a 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.

&c.

ARTICLE IX.

Assistance to be

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 given to the vessels pillage shall be allowed, the property shall remain at the of both nations. disposition of the owners, and the crew protected and succoured, till they can be sent to their country.

The time when, which, an enemy's

ARTICLE X.

If a vessel of either party shall be attacked by an enemy within gunshot of the forts of the other, she shall be defended as much and the distance as possible. If she be in port, she shall not be seized or atvessel may be 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.

tacked.

Commerce.

ARTICLE XI.

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 privileges, immunities, and jurisdictions to be enjoyed by such Consuls, are declared to be on the same footing with those of the most favored nations, respectively.

ARTICLE XII.

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.

Consul.

Salutes

ARTICLE XIII.

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 twentyone guns, which she is to return in the same quantity or number.

ARTICLE XIV.

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

Religious matters.

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 Consul's 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 drogaman and brokers.

ARTICLE XV.

Time allowed be an appeal to

arms.

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 fore 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 calendar 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 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 XVI.

Prisoners.

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 the exchange may be effected by any private individual legally authorized by either of the parties.

ARTICLE XVII.

Vessels of United States captured by one of the Barbary

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 the vessels sailing under the flag of the United States of America, when brought into any port in the Regency of Tripoli.

ARTICLE XVIII.

If any of the citizens of the United States, or any persons under their