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Lear, Tobias (1762-1816) Copy of treaty of peace and amity between the United States and Tripoli

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Gilder Lehrman Collection #: GLC02794.071 Author/Creator: Lear, Tobias (1762-1816) Place Written: [Tripoli] Type: Manuscript document Date: 1805/06/04 Pagination: 7 p. + docket 25.2 x 20.2 cm

Summary of Content: In a clerk's hand with copy signatures of Tobias Lear and the various Tripolitan leaders involved in the treaty.

Full Transcript: Treaty
Of Peace and Amity between the United States of America and the Bashaw Bey and Subjects of Tripoli Barbary.
Article 1st
There shall be from the conclusion of this ...Treaty, a firm, inviolable and universal Peace, and a sincere friends hip 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, and on the [illegible] of the most favoured Nation. And if either party shall hereafter grant to any other Nation; and particular favour or privilege in Navigation or Commerce it shall immediately become common to the other party, freely, where it is freely granted to such the Nation, but where the grant is conditional, it shall be at the option of the contacting parties to accept, after or reject such conditions such manners as shall be most conductive to their respective interests.
Article 2
The Bashaw of Tripoli shall deliver up to American squadron [sic] now off Tripoli, all the Americans in his possession, and all the subjects of the Bashaw of Tripoli 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 Tripolitine subjects in the power of the Americans to about One Hundred, more or less, The Bashaw of Tripoli shall receive from the United States of America the sum of [illegible] Thousand Dollars as a payment for the differences between the Prisoners herein mentioned.
Article 3.
All the forces of the United States which have been may be in hostile against the Bashaw of Tripoli, in the Province of [illegible] or elsewhere within the Dominions of the said Bashaw shall be with draw there from, and no supply shall be given by or in behalf of the said Bashaw who may be in hostility against him in and part of his Dominions; And the Americans will use all means in their power to personals the Brother of the said Bashaw, who has cooperated with them at [illegible] to withdraw from the Territory of the said Bashaw of Tripoli; but they will not use any for or improper means to effect that object, and incase 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 good belonging to any Nations, with either of the parties are at War should be loaded on board Vessels belonging to the other party, they shall pass free and [illegible], and not attempt shall be made to take or detain them.
Article 5
If any Citizen or subjects with their effects, belonging to either party; shall be founded on board a Pprize 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 owner on their Agents.
Article 6th
Proper pass ports shall immediately by given to the vessels of both the contracting parties, an conditions 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 [illegible] these two only shall be permitted to go an board said Vessel, without first obtaining Care 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 an board a Vessels 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 an hid producing sufficient proof to substantiate the fact, the commander or [illegible] of the said Tripolitine Ship on Vessel of War as well as the Offender shall be punished in the most exemplary manner.
All Vessels of War belonging to the United of America, an meeting with a [illegible] belonging to the Regency of Tripoli, an having seen her passport and certificate from the Consul of the United States of America residing in the Regency shall permit her to proceed an her cruize [sic] 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 contrasting Parties, on any pretence 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 [illegible] of Sale shall be a sufficient passport for such Vessels 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 8th
Vessels of either or party putting into the parts of the other, and having need of provisions or other supply, they 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 reimbark her Cargo without paying any duties, but in no ease shall she be compelled to land her Cargo.
Article 9th.
Should a Vessel of either party be cast on the same shore of the other, all proper assistance shall be given to her Crew. No pillage shall be allowed, the property shall remain at the disposition of the owners, and the Crew protected and [illegible], till they can be sent to their Country.
Article 10th.
Should a Vessel of either shall be attacked by an Enemy with Gun shot of the Fortz of the other, she shall be defended as much as possible, if she be in port, she shall not be [illegible] attached where 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 part, within twenty four hours after her departure.
Article 11th.
The commerce between the United States of America and the Regency of Tripoli, the protecting the be given to Merchants, Masters of Vessels and Siamen, The reciprocal right of establishing Consuls in [illegible] country, and the privileges immunities and jurisdictionary to the enjoyed by Consuls, are declared to be on the same footing with those of the most favoured Nations respectively.
Article 12th.
The Consuls of the United States of America, shall not be answerable for contract by Citizens of his own Nation, unless he previous by gives a written obligation so to do.
Article 13th
On a Vessel of War, belonging to the Unites States of America, anchoring before the City of Tripoli, the Consuls 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 has in itself no character of enmity against the Laws, Religion or tranquility of Musselman, and as the said States never have entered into any voluntary War or Act of Hostility against any Mahomdan Nation, except in the defense of their just rightly to no pretext [illegible] from religions opinions shall ever produce an interruption of the (Harmony) existing between the 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 house of Prayer. The Consuls shall have liberty and personal security given them to travel within the territory of each other both by land and sea, and shall not be prevented from going on [illegible] Vessel that they may think proper to visit, the shall have likewise the liberty the appoint their own Dragoman and [illegible].
Article 15th
In case of any dispute arising from the violation of any of the article of this Treaty, no appeal shall be made to arms; nor shall War be declared an any pretext whatever; but if the Consuls residing at place where the dispute shall happen, shall not be able to settle the same; The Government of that Country shall state their grivancy in writing, and transmit it to the Government of the other; and the period of twelve Callendar [sic] shall be allowed fir answers to be returned, during which time no Act of hostility shall be permitted by either party; and in case the grievancy are not readdressed, 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 they shall think proper.
Article 16th
If in the fluctuation of Human Evens 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 with side, it shall be made up by the payment of Five Hundred Spanish Dollars for each Captain Three Hundred Dollars for each Mate and [illegible], 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 and 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 exact 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 18th
If any of the Citizens of the United States or any persons under their protections 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 Nations, 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 wound a Tripoline, or, on the contrary, if a Tripoline shall kill or wound a Citizen of the United States, the law of Country shall take place and equal justice shall be rendered, the Consuls 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 of the Citizens of the United States, 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 immediately 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 they shall render an account of the property. Neither shall the Bashaw or his subjects gives 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, of the 18th 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 that I Tobias Lear commissioner as aforesaid do approach and conclude the forgoing Treaty and every Article and [illegible] use 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 -
Dane 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.
[L.S] Signed Tobias Lear
Having appeared in our preserve, 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 Ms and the United States of America, beginning with him the present Treaty of Peace with the within Articles, they were by us minutely examined, and we do here by accept confirm and ratify them, Ordering all our subjects to fulfill entirely their contents; without any violation and under not 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 fourth day of June 1805.
L.S Yusuf Caramanly L.L Mahamet Carmanly [L.L] Mohamet Kahia
[L.S] Hamet [L.S] Mahomet [L.L] Salah
Rais de Marine First Minister Aga of Diran
[L.S] Seldin [L.S] Murat [L.S] Murat Rais
Hasnadar Dulartile Amiral

[L.S] Soliman [L.S] Aballa [L.S] Mahamet
Kehia Basa Aga Scheig alBelad
Allo Ben [illegible]
First Secretary.

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People: Lear, Tobias, 1762-1816

Historical Era: The New Nation, 1783-1815

Subjects: Global History and US Foreign PolicyGlobal History and US Foreign PolicyMilitary HistoryBarbary CoastBarbary PiratesBarbary WarsAfricaGovernment and CivicsTreatyPeacePirates

Sub Era: The Age of Jefferson & Madison

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