The UNITED STATES the CORPORATION
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Video Replaced with Youtuber: StormCloudsGathering
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Sgt. Maj. Page to St. Louis Oath Keepers: The End of American Sovereignty & Constitutional Rights
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ARCHIVES: 1928-1932 GENEVA CONVENTION- 1933 U.S. BANKRUPTCY AND THE MOORS Pt.1
ORIGINAL LINK: http://www.rumormillnews.com/cgi-bin/archive.cgi/read/135568
Posted By: tangodog [Send E-Mail]
Date: Sunday, 9-Nov-2008 20:36:47
In Response To: PRESIDENT OBAMA = HIS SWISS FAMILY CREST (gigi)
U.S. BANKRUPTCY AND THE MOORS #1
Posted By: X
Date: Sunday, 20 October 2002
http://www.radiostationcentral.com/DOCUMENTS/drewali.htm
1928 C.E. “1933 C.E.The U.S.: Bankruptcy And The Moors
The purveyors of so-called white supremacy were just walking along minding
their own business; suppressing, destroying, and/or misrepresenting the truth about history’
Moors history in particular when out of no where came the
savior for the fallen people that they had extinguished the light and life within.
His appellation is Noble: Drew-Ali.
Having traveled the world, Noble: Drew-Ali obtained knowledge, wisdom,
understanding, and over-standing into the many truths the oppressors were
working so hard to hide. After detecting our true identity as Moors and our
true history as possessors of the oldest artifacts and burial sites in what
has been misnomered as the so-called ‘Americas’ as opposed to the lies the
so-called white supremist was spewing forth [All ‘blacks’ were brought to
the ‘Americas’ by us to be our slaves]; Noble: Drew-Ali implemented a
series
of actions to begin the process of resurrecting our people from the comatose
and dead levels. These efforts culminated in the re-emergence of the Moors as
a community in the sense of a body-politic that was gestating/rebuilding into
a nation once again
In 1928 C.E., the Pan-American-Conference was held in
Havana,
Cuba. Secretary Of State Hughes went down to represent the United:States and
Noble: Drew-Ali went down to represent the Moors. At that conference, the
mandate for the land mass of Greater-Amexem [North, Central, and
South-Central-Amexem] misnomered as the North, Central, and South
‘Americas’
was returned to the Moors. Noble: Drew-Ali knew what this meant and what the
ramifications of this was and is. Several stop gap measures were taken by
Noble: Drew-Ali to secure our [The Moors] birthright inheritance and
beneficiary interest as Moors to the land mass within the aforementioned land
mandate.The actions of Noble: Drew-Ali were detected by the so-called
white-supemists and they immediately proceeded to act to do all they could to
impede his work and take him out.
Fortunately natural law governs all events thus by the time the oppressor
made his move on Noble: Drew-Ali, Noble: Drew-Ali had already put things in
motion. This scared the international banksters because land and labor is
where all of your wealth comes from in the carnal world and Noble: Drew-Ali
had just yanked all the land from so-called ‘Alaska’ to so-called
‘Argentina’
out from under them. Even though we, the Moors as a community were mentally comatose at that time the international banksters recognized that the
potential for our instant return to our place of prominence on the global
scene existed. Thus the international banksters recalled all of their loans
in a panic which in turn put a squeeze on their stock market which caused its
collapse 2 months after the assassination of Noble: Drew-Ali.
Nevertheless the so-called European on both sides of
the
Atlantic knew that their system was and is existing and functioning on
borrowed time. They also realize that the length of that borrowed time is
directly tied to the length of our [The Moors] ignorance/lack of knowledge of
our self, our history, our culture, and what is rightly/justly ours. This
fact is what has compelled the so-called white supremist to do all that is
possible to keep the undeclared/mentally-comatose-Moors from ever waking up
and reclaiming all that rightly belongs to our people and at the same time;
keep the rank and file unsuspecting so-called ‘Europeans’ from finding out
what is really going on.
Noble: Drew-Alis works as a result of what transpired at the Pan-American:
Conference touched off a flurry of activity on both sides of the Atlantic
because the
so-called ‘European’ from both sides of the Atlantic knew what was coming
as
a result. The actions of Noble: Drew-Ali caused the so-called ‘Europeans’
to
assemble themselves to conspire and plot a way to deal with what they thought
would be the
re-emergence of the Moors to whom their respective countries are tributary to
as they always have been [The U.S. And Barbary Powers by David Macritchie
written in the 1800s C.E. documents this fact].
Noble: Drew-Ali knew that the time of our [The Moors] resurrection had not
come
and knew that his days were numbered. In fact, Noble: Drew-Ali stated ‘ It
will take you Moors 50 years to figure out what I have done. What I have done
is not for you Moors but for the 3rd and 4th generation from now. There will
be new Moors that will come with their eyes open seeing and knowing and they
will set you old Moors in the back and carry out my law". The so-called ‘
European’ was horrified at the potential of our people rising 71 years ago
yet Noble: Drew-Ali knew our minds were not ready then.
Nevertheless the so-called United:States, Great-Britain, France, Germany,
Italy, Spain, and Portugal convened in Geneva, Switzerland for 5 continuous
years [1928 C.E.-1932 C.E.] to set up what would be the policy of all of the
participating countries. These 5 years of meetings became known as the
Geneva-Convention. In 1930 C.E., the so-called United:States, Great-Britain,
France, Germany, Italy, Spain, and Portugal all declared bankruptcy. Any
attempt to obtain the minutes of the 1930 C.E. Geneva-Convention are futile
because they publish the volumes of minutes for every year of the Geneva
conventions including 1930 C.E. but refuse to make the 1930 C.E. minutes
available to the public because they contain the evidence of the
bankruptcy.
Going into 1932 C.E., the aforementioned states stopped meeting in Geneva. In
1932 C.E. Franklin-Roosevelt became the U.S.: President and his job was to
put
into place and administer the bankruptcy that the United:States had declared
2 years earlier and hide the bankruptcy from the unsuspecting public by
establishing a re-organization plan [ The New Deal/Administrative State that functions under the ‘color’ of the United States of America]. The United
States of America and the United States for America along with the
United-States: Constitution became defunct from that moment on and all that
remained was the insolvent/bankrupt for profit corporation known as the
United:States/UNITED STATES[Codified and documented in Title 26 of the Code
of Federal Regulations section 1.911-2(h), In Re Merriam 36 NE 505. 141 N.Y.
479 upheld by the 16 S. Ct 1073. 163 U.S. 625 41 L.Ed 287 See also 16 Stat
419 and District-Of-Columbia-v-Cluss 103 U.S. 705.26-1 Ed.455] operating a
democratic military venue under martial law [War Powers Act] and the
Uniform-Commercial-Code [Hebrew Commercial Law].
The so called ‘States’ all revamped their local constitutions by 1938 C.E.
to take
into account their capitulation to the bankrupt mother corporation doing
business
as the United:States thus clearing the way for the Buck Act of 1940 allowing
the corporate United:States to extend its jurisdiction and by default usurp
all sovereignty over the now defunct
State-Republics.
Getting back to Roosevelt, he was sworn into the United-States: Presidency in
January 1933 C.E. and wasted no time getting started with the bankruptcy.
Roosevelt immediately shut the banks down [Banking Holiday] and proceeded to
pull all of the gold out of circulation while replacing it with a debt
currency/tender/i.o.u. with the Moors’ seal [The pyramid with the all seeing
eye] on the back of the U.S.: 1 dollar bill/federal reserve
note.
The Clock of Destiny Book II by C.M.: Bey on page 6 states ‘ The Amazon red
skin white moors’ progress was guided by the cycle of the planets Jupiter and
Mars from 1789 C.E. to 1933 C.E., a period of 140 years. Mars passes through
the 12 signs of the zodiac 72 times and Jupiter passes through the 12 signs
of the
zodiac 12 signs in a 140 years. Thus from 1789 C.E. to 1933 C.E. spelled the
rise and fall of Rome on a universal scale [Take note of the Fasci symbols on
both sides of the speakers podium in the U.S.: Congress]. Keeping in mind
that the first 8 presidents were Moors and they were in power from 1776 C.E.
to 1789 C.E. when the keys of power were transferred into the custodianship
of the Mystic Turks [So-called ‘European’ Masons] and Shriners that the
Moors charged with the duty and responsibility of protecting our sacred
shrine [New-Jerusalem/Washington, D.C.] and our sciences until we as a
people arose from our state of spiritual, moral and ethical decay and awaken
from our slumber to reclaim all that rightfully belongs to us from their
custodianship.
The 9th U.S.: President, George-Washington was a Grand Master Mason under the
tutorage of Emmanuel-Mu-Ali-Ben: Bey [Benjamin-Banneker]. George-Washington
was the first and U.S.: President and Grand Master Mason Franklin Roosevelt
was the last so-called ‘European’ President to rule in that 140 year
cycle. Roosevelt knew that he was the last to rule in
the 144
year progressive cycle of Roman universal influence when he established a new
order or new deal idea and broke the Roman order by ruling for 12 years which
is the measurement of man. When Roosevelt was giving those famous fireside
chats, he knew what was taking place [ The beginning of the gradual return of
the keys of power to the rightful owners, the Moors]. Everything that was
taken from us [Moors] is quietly being prepared for its eventual return to us
[Moors]; the gold [The U.S. is tributary to the Moors and they have to repay
a 25 million dollars in gold loan that we made to the U.S.: Government in 1861 C.E. that the U.S.: Congress is responsible to repay which is why the
seal of the Moors is on the back of the U.S. 1 dollar currency/tender/i.o.u.]
and all of the land was taken and so called whites were reduced from
landowner status to mere land user status. The land they murdered my
ancestors for and stole so that they could fraudulently provide their silent
cohorts/their people with fraudulent land grants, land patents, and allodial
titles that those thieves and their descendants have no spirtual, moral, or
ethical right to [ The same applies in Kenya, Zimbabwe, so-called
South-africa, Australia, etc.] yet they claim they are a ‘ God fearing nation
‘ ’ | If this is so, the Doctrine of Discovery from the Vatican which is still
in force would cease to exist effective immediately. If this is so then the
so called whites will gladly return our lands, repay the loan we made to
them, make recompense to us for the Tuskegee Experiment, Emmitt Till, Maurice
Bishop, The Berlin Conference, and way too much to list here [But don’t
worry’ |
We will get to that too!!!] to be in harmony with the God the so called ‘
European’ claims to love, honor, respect, and
obey.
The United:States is bankrupt and its sovereignty is gone. The courts in the
U.S. and the States are not solvent thus the Courts and Prosecutors cannot
have nor bring a claim against anyone because as a bankrupt entity it has no
authority to operate. Therefore the courts in the U.S. and the States cannot
and will not resolve any issues. Technically, there are no more courts in the
U.S. and the States. There are only private corporations doing business as
quasi courts with magistrates and administrative judges (An administrative
judge is not the same as a judge).
The U.S.: Bankruptcy is expressed in Franklin-Roosevelts’ Executive Order
Numbers: 6073,6111, and 6260 (See U.S. Senate Report 93-549 pp. 187, 594)
under Trading With The Enemy Act of 1917 codified as United-States-Code:
Title: 12: Section: 95a: House Joint Resolution 192 of June 5, 1933 C.E.
confirmed in Perry-v-U.S. (1933), case site 294 U.S. 330-381 and
United-States-Code: Title: 31: Sections: 5112 and 5119.
United-States: President: William-J-Clinton and his staff as well as his
successors, and U.S.: Speaker: J-Dennis-Hastert are well aware of the
re-emergence of the Moors on the global scene in the form of the
Amexem-Moor-Empire.
All of the aforementioned parties know that the day they or their successors
return the keys of power to the original and legitimate owner, the Moors is
rapidly approaching.
The Amexem-Moor-Empire: National, Regional, and local government is on scene,
fully operational, and ready to govern by and under the power, authority, and
permission of the Superb and Supreme: Divine-Creator of all things.
ORIGINAL LINK: http://www.rumormillnews.com/cgi-bin/archive.cgi/read/135568
Posted By: tangodog [Send E-Mail]
Date: Sunday, 9-Nov-2008 20:36:47
In Response To: PRESIDENT OBAMA = HIS SWISS FAMILY CREST (gigi)
U.S. BANKRUPTCY AND THE MOORS #1
Posted By: X
Date: Sunday, 20 October 2002
http://www.radiostationcentral.com/DOCUMENTS/drewali.htm
1928 C.E. “1933 C.E.The U.S.: Bankruptcy And The Moors
The purveyors of so-called white supremacy were just walking along minding
their own business; suppressing, destroying, and/or misrepresenting the truth about history’
Moors history in particular when out of no where came the
savior for the fallen people that they had extinguished the light and life within.
His appellation is Noble: Drew-Ali.
Having traveled the world, Noble: Drew-Ali obtained knowledge, wisdom,
understanding, and over-standing into the many truths the oppressors were
working so hard to hide. After detecting our true identity as Moors and our
true history as possessors of the oldest artifacts and burial sites in what
has been misnomered as the so-called ‘Americas’ as opposed to the lies the
so-called white supremist was spewing forth [All ‘blacks’ were brought to
the ‘Americas’ by us to be our slaves]; Noble: Drew-Ali implemented a
series
of actions to begin the process of resurrecting our people from the comatose
and dead levels. These efforts culminated in the re-emergence of the Moors as
a community in the sense of a body-politic that was gestating/rebuilding into
a nation once again
In 1928 C.E., the Pan-American-Conference was held in
Havana,
Cuba. Secretary Of State Hughes went down to represent the United:States and
Noble: Drew-Ali went down to represent the Moors. At that conference, the
mandate for the land mass of Greater-Amexem [North, Central, and
South-Central-Amexem] misnomered as the North, Central, and South
‘Americas’
was returned to the Moors. Noble: Drew-Ali knew what this meant and what the
ramifications of this was and is. Several stop gap measures were taken by
Noble: Drew-Ali to secure our [The Moors] birthright inheritance and
beneficiary interest as Moors to the land mass within the aforementioned land
mandate.The actions of Noble: Drew-Ali were detected by the so-called
white-supemists and they immediately proceeded to act to do all they could to
impede his work and take him out.
Fortunately natural law governs all events thus by the time the oppressor
made his move on Noble: Drew-Ali, Noble: Drew-Ali had already put things in
motion. This scared the international banksters because land and labor is
where all of your wealth comes from in the carnal world and Noble: Drew-Ali
had just yanked all the land from so-called ‘Alaska’ to so-called
‘Argentina’
out from under them. Even though we, the Moors as a community were mentally comatose at that time the international banksters recognized that the
potential for our instant return to our place of prominence on the global
scene existed. Thus the international banksters recalled all of their loans
in a panic which in turn put a squeeze on their stock market which caused its
collapse 2 months after the assassination of Noble: Drew-Ali.
Nevertheless the so-called European on both sides of
the
Atlantic knew that their system was and is existing and functioning on
borrowed time. They also realize that the length of that borrowed time is
directly tied to the length of our [The Moors] ignorance/lack of knowledge of
our self, our history, our culture, and what is rightly/justly ours. This
fact is what has compelled the so-called white supremist to do all that is
possible to keep the undeclared/mentally-comatose-Moors from ever waking up
and reclaiming all that rightly belongs to our people and at the same time;
keep the rank and file unsuspecting so-called ‘Europeans’ from finding out
what is really going on.
Noble: Drew-Alis works as a result of what transpired at the Pan-American:
Conference touched off a flurry of activity on both sides of the Atlantic
because the
so-called ‘European’ from both sides of the Atlantic knew what was coming
as
a result. The actions of Noble: Drew-Ali caused the so-called ‘Europeans’
to
assemble themselves to conspire and plot a way to deal with what they thought
would be the
re-emergence of the Moors to whom their respective countries are tributary to
as they always have been [The U.S. And Barbary Powers by David Macritchie
written in the 1800s C.E. documents this fact].
Noble: Drew-Ali knew that the time of our [The Moors] resurrection had not
come
and knew that his days were numbered. In fact, Noble: Drew-Ali stated ‘ It
will take you Moors 50 years to figure out what I have done. What I have done
is not for you Moors but for the 3rd and 4th generation from now. There will
be new Moors that will come with their eyes open seeing and knowing and they
will set you old Moors in the back and carry out my law". The so-called ‘
European’ was horrified at the potential of our people rising 71 years ago
yet Noble: Drew-Ali knew our minds were not ready then.
Nevertheless the so-called United:States, Great-Britain, France, Germany,
Italy, Spain, and Portugal convened in Geneva, Switzerland for 5 continuous
years [1928 C.E.-1932 C.E.] to set up what would be the policy of all of the
participating countries. These 5 years of meetings became known as the
Geneva-Convention. In 1930 C.E., the so-called United:States, Great-Britain,
France, Germany, Italy, Spain, and Portugal all declared bankruptcy. Any
attempt to obtain the minutes of the 1930 C.E. Geneva-Convention are futile
because they publish the volumes of minutes for every year of the Geneva
conventions including 1930 C.E. but refuse to make the 1930 C.E. minutes
available to the public because they contain the evidence of the
bankruptcy.
Going into 1932 C.E., the aforementioned states stopped meeting in Geneva. In
1932 C.E. Franklin-Roosevelt became the U.S.: President and his job was to
put
into place and administer the bankruptcy that the United:States had declared
2 years earlier and hide the bankruptcy from the unsuspecting public by
establishing a re-organization plan [ The New Deal/Administrative State that functions under the ‘color’ of the United States of America]. The United
States of America and the United States for America along with the
United-States: Constitution became defunct from that moment on and all that
remained was the insolvent/bankrupt for profit corporation known as the
United:States/UNITED STATES[Codified and documented in Title 26 of the Code
of Federal Regulations section 1.911-2(h), In Re Merriam 36 NE 505. 141 N.Y.
479 upheld by the 16 S. Ct 1073. 163 U.S. 625 41 L.Ed 287 See also 16 Stat
419 and District-Of-Columbia-v-Cluss 103 U.S. 705.26-1 Ed.455] operating a
democratic military venue under martial law [War Powers Act] and the
Uniform-Commercial-Code [Hebrew Commercial Law].
The so called ‘States’ all revamped their local constitutions by 1938 C.E.
to take
into account their capitulation to the bankrupt mother corporation doing
business
as the United:States thus clearing the way for the Buck Act of 1940 allowing
the corporate United:States to extend its jurisdiction and by default usurp
all sovereignty over the now defunct
State-Republics.
Getting back to Roosevelt, he was sworn into the United-States: Presidency in
January 1933 C.E. and wasted no time getting started with the bankruptcy.
Roosevelt immediately shut the banks down [Banking Holiday] and proceeded to
pull all of the gold out of circulation while replacing it with a debt
currency/tender/i.o.u. with the Moors’ seal [The pyramid with the all seeing
eye] on the back of the U.S.: 1 dollar bill/federal reserve
note.
The Clock of Destiny Book II by C.M.: Bey on page 6 states ‘ The Amazon red
skin white moors’ progress was guided by the cycle of the planets Jupiter and
Mars from 1789 C.E. to 1933 C.E., a period of 140 years. Mars passes through
the 12 signs of the zodiac 72 times and Jupiter passes through the 12 signs
of the
zodiac 12 signs in a 140 years. Thus from 1789 C.E. to 1933 C.E. spelled the
rise and fall of Rome on a universal scale [Take note of the Fasci symbols on
both sides of the speakers podium in the U.S.: Congress]. Keeping in mind
that the first 8 presidents were Moors and they were in power from 1776 C.E.
to 1789 C.E. when the keys of power were transferred into the custodianship
of the Mystic Turks [So-called ‘European’ Masons] and Shriners that the
Moors charged with the duty and responsibility of protecting our sacred
shrine [New-Jerusalem/Washington, D.C.] and our sciences until we as a
people arose from our state of spiritual, moral and ethical decay and awaken
from our slumber to reclaim all that rightfully belongs to us from their
custodianship.
The 9th U.S.: President, George-Washington was a Grand Master Mason under the
tutorage of Emmanuel-Mu-Ali-Ben: Bey [Benjamin-Banneker]. George-Washington
was the first and U.S.: President and Grand Master Mason Franklin Roosevelt
was the last so-called ‘European’ President to rule in that 140 year
cycle. Roosevelt knew that he was the last to rule in
the 144
year progressive cycle of Roman universal influence when he established a new
order or new deal idea and broke the Roman order by ruling for 12 years which
is the measurement of man. When Roosevelt was giving those famous fireside
chats, he knew what was taking place [ The beginning of the gradual return of
the keys of power to the rightful owners, the Moors]. Everything that was
taken from us [Moors] is quietly being prepared for its eventual return to us
[Moors]; the gold [The U.S. is tributary to the Moors and they have to repay
a 25 million dollars in gold loan that we made to the U.S.: Government in 1861 C.E. that the U.S.: Congress is responsible to repay which is why the
seal of the Moors is on the back of the U.S. 1 dollar currency/tender/i.o.u.]
and all of the land was taken and so called whites were reduced from
landowner status to mere land user status. The land they murdered my
ancestors for and stole so that they could fraudulently provide their silent
cohorts/their people with fraudulent land grants, land patents, and allodial
titles that those thieves and their descendants have no spirtual, moral, or
ethical right to [ The same applies in Kenya, Zimbabwe, so-called
South-africa, Australia, etc.] yet they claim they are a ‘ God fearing nation
‘ ’ | If this is so, the Doctrine of Discovery from the Vatican which is still
in force would cease to exist effective immediately. If this is so then the
so called whites will gladly return our lands, repay the loan we made to
them, make recompense to us for the Tuskegee Experiment, Emmitt Till, Maurice
Bishop, The Berlin Conference, and way too much to list here [But don’t
worry’ |
We will get to that too!!!] to be in harmony with the God the so called ‘
European’ claims to love, honor, respect, and
obey.
The United:States is bankrupt and its sovereignty is gone. The courts in the
U.S. and the States are not solvent thus the Courts and Prosecutors cannot
have nor bring a claim against anyone because as a bankrupt entity it has no
authority to operate. Therefore the courts in the U.S. and the States cannot
and will not resolve any issues. Technically, there are no more courts in the
U.S. and the States. There are only private corporations doing business as
quasi courts with magistrates and administrative judges (An administrative
judge is not the same as a judge).
The U.S.: Bankruptcy is expressed in Franklin-Roosevelts’ Executive Order
Numbers: 6073,6111, and 6260 (See U.S. Senate Report 93-549 pp. 187, 594)
under Trading With The Enemy Act of 1917 codified as United-States-Code:
Title: 12: Section: 95a: House Joint Resolution 192 of June 5, 1933 C.E.
confirmed in Perry-v-U.S. (1933), case site 294 U.S. 330-381 and
United-States-Code: Title: 31: Sections: 5112 and 5119.
United-States: President: William-J-Clinton and his staff as well as his
successors, and U.S.: Speaker: J-Dennis-Hastert are well aware of the
re-emergence of the Moors on the global scene in the form of the
Amexem-Moor-Empire.
All of the aforementioned parties know that the day they or their successors
return the keys of power to the original and legitimate owner, the Moors is
rapidly approaching.
The Amexem-Moor-Empire: National, Regional, and local government is on scene,
fully operational, and ready to govern by and under the power, authority, and
permission of the Superb and Supreme: Divine-Creator of all things.
The Barbary Treaties 1786-1816
Treaty with Morocco June 28 and July 15, 1786
ORIGINAL SOURCE LINK: http://avalon.law.yale.edu/18th_century/bar1786t.asp
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.
Treaty with Morocco June 28 and July 15, 1786
ORIGINAL SOURCE LINK: http://avalon.law.yale.edu/18th_century/bar1786t.asp
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.
ALLAH'S TEMPLE:
THE BERBERY TREATIES
ORIGINAL SOURCE LINK: http://moorishkingdom.tripod.com/id78.html
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
THE BERBERY TREATIES
ORIGINAL SOURCE LINK: http://moorishkingdom.tripod.com/id78.html
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
Patriots Hold Open Carry Rally in Opposition of Federal BLM Land Grab in Texas
http://freedomoutpost.com/2014/05/patriots-hold-open-carry-rally-opposition-federal-blm-land-grab-texas
Christian Patriot • The framework of the Bill of rights IS the box that the gov't is suppose to stay in - it is not the framework of what We The People are allowed to have so long as the gov't says we have those rights. It is the guarantee the framers set in motion to let gov't know unequivically, that the gov't is duty bound to protect those inalienable rights and the gov't CANNOT amend in anyway, since our rights are not bestowed upon us by the gov't. In effect, the Bill of Rights is the license we have as citizens, to force gov't out of our private lives, and resist with deadly force if necessary, any attempt by lawless gov't malcontents and despots, to infringe upon those rights. Gov't didn't grant them, gov't can't suspend or take them away under any circumstance, including martial law and so-called eminent domain!!... Period.
Liberty's Advocate Christian Patriot • You've very nearly gotten it right, but the key is the difference between the word "unalienable" used in the Declaration to describe our Natural rights (given us by the Creator at the moment of our creation) and the word "inalienable" which you incorrectly use in its place. They are not synonymous.
UNALIENABLE.
The state of a thing or right which cannot be sold.
Things which are not in commerce, as public roads, are in their nature unalienable. Some things are unalienable in consequence of particular provisions in the law forbidding their sale or transfer, as pensions granted by the government. The natural rights of life and liberty are UNALIENABLE. - Bouviers Law Dictionary 1856
Edition
"Unalienable: incapable of being alienated, that is, sold and transferred." Black's Law Dictionary, Sixth Edition, page 1523:
You cannot surrender, sell or transfer unalienable rights, they are a gift from the Creator to the individual and cannot under any circumstances be surrendered or taken, except as a just punishment for violating someone else’s unalienable rights.
All individual's have unalienable rights.
INALIENABLE
Inalienable rights: Rights which are not capable of being surrendered or transferred without the consent of the one possessing such rights. - Morrison v. State, Mo. App., 252 S.W.2d 97, 101.
You can surrender, sell or transfer inalienable rights if you consent either actually or constructively. Inalienable rights are not inherent in man and can be alienated
by government. Persons have inalienable rights. Most state constitutions
recognize only inalienable rights.
“We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable rights, that among these are life, liberty and the pursuit of happiness. That to secure these rights, governments are instituted among men, deriving their just powers from the consent of the governed. That whenever any form of government becomes destructive to these ends, it is the right of the people to alter or to abolish it, and to institute new government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their safety and happiness.” – DECLARATION OF INDEPENDENCE
Men are endowed by their Creator with certain unalienable rights, - 'life, liberty, and the pursuit of happiness;' and to 'secure,' not grant or create, these rights, governments are instituted. That property which a man has honestly acquired he retains full control of, subject to these limitations: First, that he shall not use it to his neighbor's injury, and that does not mean that he must use it for his neighbor's benefit; second, that if he devotes it to a public use, he gives to the public a right to
control that use; and third, that whenever the public needs require, the public may take it upon payment of due compensation. BUDD v. PEOPLE OF STATE OF NEW YORK, 143 U.S. 517 (1892)
Among these unalienable rights, as proclaimed in that great document, is the right of men to pursue their happiness, by which is meant the right to pursue any lawful business or vocation, in any manner not inconsistent with the equal rights of others, which may increase their prosperity or develop their faculties, so as to give to them their highest enjoyment. The common business and callings of life, the ordinary trades and pursuits, which are innocuous in themselves, and have been followed in all communities from time immemorial, must therefore be free in this country to all alike upon the same conditions. The right to pursue them, without let or hinderance, except that which is applied to all persons of the same age, sex, and condition, is a distinguishing privilege of citizens of the United States, and an essential element of that freedom which they claim as their birthright. It has been well said that 'THE PROPERTY WHICH EVERY MAN HAS IN HIS OWN LABOR, AS IT IS THE ORIGINAL FOUNDATION OF ALL OTHER PROPERTY, SO IT IS THE MOST SACRED AND INVIOLABLE. The patrimony of the poor man lies in the
strength and dexterity of his own hands, and to hinder his employing this strength and dexterity in what manner he thinks proper, without injury to his neighbor, is a plain violation of this most sacred property. It is a manifest encroachment upon the just liberty both of the workman and of those who might be disposed to employ him. . . The right to follow any of the common occupations of life is an inalienable right, it was formulated as such under the phrase 'pursuit of happiness' in the declaration of independence, which commenced with the fundamental proposition that 'all men are created equal; that they are endowed by their Creator with certain inalienable rights; that among these are life, liberty, and the pursuit of happiness.' This right is a large ingredient in the civil liberty of the citizen. To deny it to all but a few favored individuals, by investing the latter with a monopoly, is to invade one of the fundamental privileges of the citizen, contrary not only to common right, but, as I think, to the express words of the constitution. It is what no legislature has a right
to do; and no contract to that end can be binding on subsequent legislatures. .
. BUTCHERS' UNION CO. v. CRESCENT CITY CO., 111 U.S. 746 (1884)
"Burlamaqui (Politic c. #, . 15) defines natural liberty as "the right which nature
gives to all mankind of disposing of their persons and property after the manner they may judge most consonant to their happiness, on condition of their acting within the limits of the law of nature, and so as not to interfere with an equal exercise of the same rights by other men;" and therefore it has been justly said, that "absolute rights of individuals may be resolved into the right of personal security--the right of personal liberty--and the right to acquire and enjoy property. These rights have been justly considered and frequently declared by the people of this country to be natural, inherent, and unalienable." Potter's Dwarris, ch. 13, p. 429.
From these passages it is evident; that the right of acquiring and possessing property, and having it protected, is one of the natural, inherent, and unalienable rights of man. Men have a sense of property: Property is necessary to their subsistence, and correspondent to their natural wants and desires; its security was one of the objects, that induced them to unite in society. No man would become a member of a community, in which he could not enjoy the fruits of his honest labour and industry. . . The constitution expressly declares, that the right of acquiring,
possessing, and protecting property is natural, inherent, and unalienable. It is a right not ex gratia from the legislature, but ex debito from the constitution. . . Where is the security, where the inviolability of property, if the legislature, by a private act, affecting particular persons ONLY, can take land from one citizen, who acquired it legally, and vest it in another? VANHORNE'S LESSEE v. DORRANCE, 2 U.S. 304 (1795)
("[T]he Due Process Clause protects [the unalienable liberty recognized in the Declaration of Independence] rather than the particular rights or privileges conferred by specific laws or regulations." SANDIN v. CONNER, ___ U.S. ___ (1995)
In the second article of the Declaration of Rights, which was made part of the late Constitution of Pennsylvania, it is declared: 'That all men have a natural and unalienable right to worship Almighty God, according to the dictates of their own consciences and understanding; and that no man ought or of right can be compelled, to attend any religious worship, or erect or support any place of worship, or maintain any ministry, contrary to, or against, his own free will and consent; nor can any man, who acknowledges the being of a God, be justly deprived or abridged of any civil right as a citizen, on account of his religious sentiments, or peculiar mode of religious worship; and that no authority can, or ought to be, vested in, or assumed, by any power whatever, that shall, in any case, interfere with, or in any manner controul, the right of conscience in the free exercise of religious worship.' (Dec. of Rights, Art. 2.). . . (The Judge then read the 1st. 8th. and 11th articles of the Declaration of Rights; and the 9th. and 46th
sections of the Constitution of Pennsylvania. See 1 Vol. Dall. Edit. Penn. Laws
p. 55. 6. 60. in the Appendix.) From these passages it is evident; that the
right of acquiring and possessing property, and having it protected, is one of
the natural, inherent, and unalienable rights of man. Men have a sense of property: Property is necessary to their subsistence, and correspondent to their natural wants and desires; its security was one of the objects, that induced them to unite in society. No man would become a member of a community, in which he could not enjoy the fruits of his honest labour and industry. The preservation of property then is a primary object of the social compact, and, by the late Constitution of Pennsylvania, was made a fundamental law. . . The constitution expressly declares, that the right of acquiring, possessing, and protecting property is natural, inherent, and unalienable. It is a right not ex gratia from the legislature, but ex debito from the constitution. VANHORNE'S LESSEE v. DORRANCE, 2 U.S. 304 (1795)
I had thought it self-evident that all men were endowed by their Creator with liberty as one of the cardinal unalienable rights. It is that basic freedom which the Due Process Clause protects, rather than the particular rights or privileges conferred by specific laws or regulations. . . It demeans the holding in Morrissey - more importantly it demeans the concept of liberty itself - to ascribe to that holding nothing more than a protection of an interest that the State has created through its own prison regulations. For if the inmate's protected liberty interests are no greater than the State chooses to allow, he is really little more than the slave described in the 19th century cases. I think it clear that even the inmate retains an unalienable interest in liberty - at the very minimum the right to be treated with dignity - which the Constitution may never ignore. MEACHUM v. FANO, 427 U.S. 215 (1976)
All commissions (regardless of their form, or by whom issued) contain, impliedly, the
constitutional reservation, that the people at any time have the right, through their representatives, to alter, reform, or abolish the office, as they may alter, if they choose, the whole form of government. In our magna charta it is proclaimed (2d section of the Bill of Rights, under the 9th Article of the Constitution of Pennsylvania), that 'all power is inherent in the people, and all free governments are founded on their authority, and instituted for their peace, safety, and happiness; for the advancement of these ends they have at all times an unalienable and indefeasible right to alter, reform, or abolish their government, in such manner as they may think proper.' It has been well said, by one of the ablest judges of the age, that 'a constitution is not to receive a technical construction, like a common law instrument or a statute. It is to be interpreted so as to carry out the great principles of the government, not to defeat them.' Per Gibson, C. J., in Commonwealth v. Clark, 7 Watts & S. (Pa.), 133. BUTLER v. COM. OF PENNSYLVANIA, 51 U.S. 402 (1850)
The rights of life and personal liberty are natural rights of man. 'To secure these rights,' says the Declaration of Independence, 'governments are instituted among men, deriving their just powers from the consent of the governed.' The very highest
duty of the States, when they entered into the Union under the Constitution, was to protect all persons within their boundaries in the enjoyment of these 'unalienable rights with which they were endowed by their Creator.' Sovereignty, for this purpose, rests alone with the States. It is no more the duty or within the power of the United States to punish for a conspiracy to falsely imprison or murder within a State, than it would be to punish for false imprisonment or murder itself. U S v. CRUIKSHANK, 92 U.S. 542 (1875)
Many more cites are available at: http://www.dailycampus.com/commentary/unalienable-vs-inalienable-a-salient-distinction-1.1742059#.TyXGAIERTCM
http://www.rightsofthepeople.com/freedom_documents/law/unalienable_vs_inalienable.php
Christian Patriot Liberty's Advocate • Well, yes & no - Grammatically (ref - grammarist (dot) com)
Inalienable vs. unalienable
English has changed since the founders of the United States used unalienable in the signed final draft of their 1776 Declaration of Independence (some earlier drafts and later copies have inalienable). Inalienable, which means exactly the same thing—both mean incapable of being transferred to another or others—is now the preferred form. Unalienable mainly appears in quotes of or references to the Declaration. Inalienable prevails everywhere else.
Although English usage rarely takes etymology into account, it’s worth noting that inalienable is truer to the word’s Latin and French roots, for what that’s worth. In- is a Latin negative prefix, and un- is an English one. While the founders’ Anglicized word remains an accepted variant, the more Latin form became more common around the beginning of the 19th century and has remained ascendant ever since.
And while I agree that Black's LD does suggest a difference between the two, the premise remains the same - Rights that can not legally be taken away.
But in deference to you, the final draft of the DoI uses the word "unalienable", to which I will concede as the proper term. Please make a note of it.. Thank you.. :)
Liberty's Advocate Christian Patriot • At least your circular logic is consistent, beginning with the first
four words of your response. But I do appreciate the fact that you came around to my point of view.
I believe the "proof of the pudding" so to speak, lies in the fact there were three members of the Committee on the Declaration of the Continental Congress charged with drafting the document: Jefferson of course, John Adams and Dr. Ben Franklin. The original draft to which you refer that included 'inalienable' was written by Jefferson:
"Jefferson's original draft of this phrase in the Declaration of Independence was written: "We hold these truths to be sacred and undeniable; that all men are created equal and independent, that from that equal creation they derive rights inherent and inalienable, among which are the preservation of life, liberty and the pursuit of happiness."
Members of the Declaration committee of the Continental Congress that had been selected to write the document included Benjamin Franklin and John Adams who had different beliefs. The word "inalienable" was changed to "unalienable" and read: "We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable rights, that among these are Life, Liberty and the Pursuit of Happiness."
The above two paragraphs come from nationally respected political author Mary Mostert in an article she wrote on January 11, 2006 "Unalienable vs. inalienable rights". She explains the change; as Thomas Jefferson reflected a Deist philosophy and did not believe in a loving and caring Heavenly Father vs. the 18th century version of "intelligent design" reflected by Franklin and Adams.
Franklin and Adams, among the most farsighted of the founders, were intentionally drawing a distinction between the two words, settling on 'unalienable' as the definitive representation of human rights conferred on mankind by the Creator. They foresaw problems with an absolute claim of rights and allowed government the ability to mollify their application. For instance, they recognized our UNalienable right to control our own individual lives and destinies, but the Bill of Rights (although each is based on the unalienable rights of life, liberty and our pursuit of happiness) is comprised of what are widely regarded as inalienable rights.
The concept of what completely defines unalienable rights is what has been lost through the obfuscation of government regulation. Incumbent upon the legitimate exercise of an unalienable right by any individual is recognition of the fact that such exercise cannot deny anyone else the free exercise of THEIR unalienable rights.
Ex.: It may make you happy to hunt me down, kidnap and kill me. But my unalienable, Natural, God-given right to my life, liberty and pursuit of what makes ME happy allows society to take your life as just punishment for such successful, anti-social acts. It is also what gives ME the right of self-defense - the right to DEFEND my life with deadly force and take YOUR life for your illegal and immoral attempt to take mine. For thousands of years of recorded human history spanning all cultures, the ONLY defense against a charge of murder resulting in total exoneration of the accused is the proven act of self-defense.
All court decisions as indicated by those cites I supplied have been consistent throughout our legal history of the difference between unalienable and inalienable rights. Another subtle indicator is Warren v District of Columbia, 444 A.2nd 1,(DC App. 181) where it was decided and explained that it is a FUNDAMENTAL PRINCIPLE of American law (not some legal aberration unique to the District of Columbia) that individuals must be responsible for their own immediate safety, with police providing only an auxiliary general deterrent. Agencies of government cannot be held responsible for failure to provide services (fire, police, water) to any individual, only to society as a whole.
Your UNALIENABLE right to your life and the ability to defend it, and the fact that the courts say it is a "fundamental" aspect of American jurisprudence (YOUR responsibility), are the best arguments AGAINST gun control and banning firearms in the hands of the people.
It is also important to note this concept was not a thought originating in the minds of these patriots. The concept of divine origins and unalienability of human rights goes back to Aristotle, Cicero and later St. Thomas Aquinas in "Summa Theologica". As far as a theological concept it has a deep and solid foundation.
Finally, the Constitution was written to design and implement a system of LIMITED government based on the principles laid out in the Declaration, and for which principles we had just fought a long, bloody revolution against tyranny. The Prime Directive of government as stated in the Declaration's second paragraph is to SECURE our rights. It would have been nothing short of inconsistency (stupidity, hypocrisy) for the founders to design a system of ostensibly limited government and leave the door wide open for government to crush our individual rights without recourse. By stating that our rights come from the Creator and, as gifts from Him and as with all of the acts of "Nature and of Nature's God", are beyond the reach, power or jurisdiction of government to arbitrarily revoke or alter then neither you nor I can give them up voluntarily, nor can they be taken from us by coercion, edict (Executive Order), legislation or treaty. Without that salient distinction, it all falls apart. With it the Genie of tyranny remains in the bottle for all time, or until the people become so dumbed-down as to be unaware of its protection.
Liberty's Advocate SFTOBEY • Thank you. I truly believe this concept is the Founder's Key to helping us - as free men and women - to preserve our rights and liberties against government overreach and tyranny and, as such, is the most important lesson to teach and to be learned by Americans today. Help spread the word ... please.
http://freedomoutpost.com/2014/05/patriots-hold-open-carry-rally-opposition-federal-blm-land-grab-texas
Christian Patriot • The framework of the Bill of rights IS the box that the gov't is suppose to stay in - it is not the framework of what We The People are allowed to have so long as the gov't says we have those rights. It is the guarantee the framers set in motion to let gov't know unequivically, that the gov't is duty bound to protect those inalienable rights and the gov't CANNOT amend in anyway, since our rights are not bestowed upon us by the gov't. In effect, the Bill of Rights is the license we have as citizens, to force gov't out of our private lives, and resist with deadly force if necessary, any attempt by lawless gov't malcontents and despots, to infringe upon those rights. Gov't didn't grant them, gov't can't suspend or take them away under any circumstance, including martial law and so-called eminent domain!!... Period.
Liberty's Advocate Christian Patriot • You've very nearly gotten it right, but the key is the difference between the word "unalienable" used in the Declaration to describe our Natural rights (given us by the Creator at the moment of our creation) and the word "inalienable" which you incorrectly use in its place. They are not synonymous.
UNALIENABLE.
The state of a thing or right which cannot be sold.
Things which are not in commerce, as public roads, are in their nature unalienable. Some things are unalienable in consequence of particular provisions in the law forbidding their sale or transfer, as pensions granted by the government. The natural rights of life and liberty are UNALIENABLE. - Bouviers Law Dictionary 1856
Edition
"Unalienable: incapable of being alienated, that is, sold and transferred." Black's Law Dictionary, Sixth Edition, page 1523:
You cannot surrender, sell or transfer unalienable rights, they are a gift from the Creator to the individual and cannot under any circumstances be surrendered or taken, except as a just punishment for violating someone else’s unalienable rights.
All individual's have unalienable rights.
INALIENABLE
Inalienable rights: Rights which are not capable of being surrendered or transferred without the consent of the one possessing such rights. - Morrison v. State, Mo. App., 252 S.W.2d 97, 101.
You can surrender, sell or transfer inalienable rights if you consent either actually or constructively. Inalienable rights are not inherent in man and can be alienated
by government. Persons have inalienable rights. Most state constitutions
recognize only inalienable rights.
“We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable rights, that among these are life, liberty and the pursuit of happiness. That to secure these rights, governments are instituted among men, deriving their just powers from the consent of the governed. That whenever any form of government becomes destructive to these ends, it is the right of the people to alter or to abolish it, and to institute new government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their safety and happiness.” – DECLARATION OF INDEPENDENCE
Men are endowed by their Creator with certain unalienable rights, - 'life, liberty, and the pursuit of happiness;' and to 'secure,' not grant or create, these rights, governments are instituted. That property which a man has honestly acquired he retains full control of, subject to these limitations: First, that he shall not use it to his neighbor's injury, and that does not mean that he must use it for his neighbor's benefit; second, that if he devotes it to a public use, he gives to the public a right to
control that use; and third, that whenever the public needs require, the public may take it upon payment of due compensation. BUDD v. PEOPLE OF STATE OF NEW YORK, 143 U.S. 517 (1892)
Among these unalienable rights, as proclaimed in that great document, is the right of men to pursue their happiness, by which is meant the right to pursue any lawful business or vocation, in any manner not inconsistent with the equal rights of others, which may increase their prosperity or develop their faculties, so as to give to them their highest enjoyment. The common business and callings of life, the ordinary trades and pursuits, which are innocuous in themselves, and have been followed in all communities from time immemorial, must therefore be free in this country to all alike upon the same conditions. The right to pursue them, without let or hinderance, except that which is applied to all persons of the same age, sex, and condition, is a distinguishing privilege of citizens of the United States, and an essential element of that freedom which they claim as their birthright. It has been well said that 'THE PROPERTY WHICH EVERY MAN HAS IN HIS OWN LABOR, AS IT IS THE ORIGINAL FOUNDATION OF ALL OTHER PROPERTY, SO IT IS THE MOST SACRED AND INVIOLABLE. The patrimony of the poor man lies in the
strength and dexterity of his own hands, and to hinder his employing this strength and dexterity in what manner he thinks proper, without injury to his neighbor, is a plain violation of this most sacred property. It is a manifest encroachment upon the just liberty both of the workman and of those who might be disposed to employ him. . . The right to follow any of the common occupations of life is an inalienable right, it was formulated as such under the phrase 'pursuit of happiness' in the declaration of independence, which commenced with the fundamental proposition that 'all men are created equal; that they are endowed by their Creator with certain inalienable rights; that among these are life, liberty, and the pursuit of happiness.' This right is a large ingredient in the civil liberty of the citizen. To deny it to all but a few favored individuals, by investing the latter with a monopoly, is to invade one of the fundamental privileges of the citizen, contrary not only to common right, but, as I think, to the express words of the constitution. It is what no legislature has a right
to do; and no contract to that end can be binding on subsequent legislatures. .
. BUTCHERS' UNION CO. v. CRESCENT CITY CO., 111 U.S. 746 (1884)
"Burlamaqui (Politic c. #, . 15) defines natural liberty as "the right which nature
gives to all mankind of disposing of their persons and property after the manner they may judge most consonant to their happiness, on condition of their acting within the limits of the law of nature, and so as not to interfere with an equal exercise of the same rights by other men;" and therefore it has been justly said, that "absolute rights of individuals may be resolved into the right of personal security--the right of personal liberty--and the right to acquire and enjoy property. These rights have been justly considered and frequently declared by the people of this country to be natural, inherent, and unalienable." Potter's Dwarris, ch. 13, p. 429.
From these passages it is evident; that the right of acquiring and possessing property, and having it protected, is one of the natural, inherent, and unalienable rights of man. Men have a sense of property: Property is necessary to their subsistence, and correspondent to their natural wants and desires; its security was one of the objects, that induced them to unite in society. No man would become a member of a community, in which he could not enjoy the fruits of his honest labour and industry. . . The constitution expressly declares, that the right of acquiring,
possessing, and protecting property is natural, inherent, and unalienable. It is a right not ex gratia from the legislature, but ex debito from the constitution. . . Where is the security, where the inviolability of property, if the legislature, by a private act, affecting particular persons ONLY, can take land from one citizen, who acquired it legally, and vest it in another? VANHORNE'S LESSEE v. DORRANCE, 2 U.S. 304 (1795)
("[T]he Due Process Clause protects [the unalienable liberty recognized in the Declaration of Independence] rather than the particular rights or privileges conferred by specific laws or regulations." SANDIN v. CONNER, ___ U.S. ___ (1995)
In the second article of the Declaration of Rights, which was made part of the late Constitution of Pennsylvania, it is declared: 'That all men have a natural and unalienable right to worship Almighty God, according to the dictates of their own consciences and understanding; and that no man ought or of right can be compelled, to attend any religious worship, or erect or support any place of worship, or maintain any ministry, contrary to, or against, his own free will and consent; nor can any man, who acknowledges the being of a God, be justly deprived or abridged of any civil right as a citizen, on account of his religious sentiments, or peculiar mode of religious worship; and that no authority can, or ought to be, vested in, or assumed, by any power whatever, that shall, in any case, interfere with, or in any manner controul, the right of conscience in the free exercise of religious worship.' (Dec. of Rights, Art. 2.). . . (The Judge then read the 1st. 8th. and 11th articles of the Declaration of Rights; and the 9th. and 46th
sections of the Constitution of Pennsylvania. See 1 Vol. Dall. Edit. Penn. Laws
p. 55. 6. 60. in the Appendix.) From these passages it is evident; that the
right of acquiring and possessing property, and having it protected, is one of
the natural, inherent, and unalienable rights of man. Men have a sense of property: Property is necessary to their subsistence, and correspondent to their natural wants and desires; its security was one of the objects, that induced them to unite in society. No man would become a member of a community, in which he could not enjoy the fruits of his honest labour and industry. The preservation of property then is a primary object of the social compact, and, by the late Constitution of Pennsylvania, was made a fundamental law. . . The constitution expressly declares, that the right of acquiring, possessing, and protecting property is natural, inherent, and unalienable. It is a right not ex gratia from the legislature, but ex debito from the constitution. VANHORNE'S LESSEE v. DORRANCE, 2 U.S. 304 (1795)
I had thought it self-evident that all men were endowed by their Creator with liberty as one of the cardinal unalienable rights. It is that basic freedom which the Due Process Clause protects, rather than the particular rights or privileges conferred by specific laws or regulations. . . It demeans the holding in Morrissey - more importantly it demeans the concept of liberty itself - to ascribe to that holding nothing more than a protection of an interest that the State has created through its own prison regulations. For if the inmate's protected liberty interests are no greater than the State chooses to allow, he is really little more than the slave described in the 19th century cases. I think it clear that even the inmate retains an unalienable interest in liberty - at the very minimum the right to be treated with dignity - which the Constitution may never ignore. MEACHUM v. FANO, 427 U.S. 215 (1976)
All commissions (regardless of their form, or by whom issued) contain, impliedly, the
constitutional reservation, that the people at any time have the right, through their representatives, to alter, reform, or abolish the office, as they may alter, if they choose, the whole form of government. In our magna charta it is proclaimed (2d section of the Bill of Rights, under the 9th Article of the Constitution of Pennsylvania), that 'all power is inherent in the people, and all free governments are founded on their authority, and instituted for their peace, safety, and happiness; for the advancement of these ends they have at all times an unalienable and indefeasible right to alter, reform, or abolish their government, in such manner as they may think proper.' It has been well said, by one of the ablest judges of the age, that 'a constitution is not to receive a technical construction, like a common law instrument or a statute. It is to be interpreted so as to carry out the great principles of the government, not to defeat them.' Per Gibson, C. J., in Commonwealth v. Clark, 7 Watts & S. (Pa.), 133. BUTLER v. COM. OF PENNSYLVANIA, 51 U.S. 402 (1850)
The rights of life and personal liberty are natural rights of man. 'To secure these rights,' says the Declaration of Independence, 'governments are instituted among men, deriving their just powers from the consent of the governed.' The very highest
duty of the States, when they entered into the Union under the Constitution, was to protect all persons within their boundaries in the enjoyment of these 'unalienable rights with which they were endowed by their Creator.' Sovereignty, for this purpose, rests alone with the States. It is no more the duty or within the power of the United States to punish for a conspiracy to falsely imprison or murder within a State, than it would be to punish for false imprisonment or murder itself. U S v. CRUIKSHANK, 92 U.S. 542 (1875)
Many more cites are available at: http://www.dailycampus.com/commentary/unalienable-vs-inalienable-a-salient-distinction-1.1742059#.TyXGAIERTCM
http://www.rightsofthepeople.com/freedom_documents/law/unalienable_vs_inalienable.php
Christian Patriot Liberty's Advocate • Well, yes & no - Grammatically (ref - grammarist (dot) com)
Inalienable vs. unalienable
English has changed since the founders of the United States used unalienable in the signed final draft of their 1776 Declaration of Independence (some earlier drafts and later copies have inalienable). Inalienable, which means exactly the same thing—both mean incapable of being transferred to another or others—is now the preferred form. Unalienable mainly appears in quotes of or references to the Declaration. Inalienable prevails everywhere else.
Although English usage rarely takes etymology into account, it’s worth noting that inalienable is truer to the word’s Latin and French roots, for what that’s worth. In- is a Latin negative prefix, and un- is an English one. While the founders’ Anglicized word remains an accepted variant, the more Latin form became more common around the beginning of the 19th century and has remained ascendant ever since.
And while I agree that Black's LD does suggest a difference between the two, the premise remains the same - Rights that can not legally be taken away.
But in deference to you, the final draft of the DoI uses the word "unalienable", to which I will concede as the proper term. Please make a note of it.. Thank you.. :)
Liberty's Advocate Christian Patriot • At least your circular logic is consistent, beginning with the first
four words of your response. But I do appreciate the fact that you came around to my point of view.
I believe the "proof of the pudding" so to speak, lies in the fact there were three members of the Committee on the Declaration of the Continental Congress charged with drafting the document: Jefferson of course, John Adams and Dr. Ben Franklin. The original draft to which you refer that included 'inalienable' was written by Jefferson:
"Jefferson's original draft of this phrase in the Declaration of Independence was written: "We hold these truths to be sacred and undeniable; that all men are created equal and independent, that from that equal creation they derive rights inherent and inalienable, among which are the preservation of life, liberty and the pursuit of happiness."
Members of the Declaration committee of the Continental Congress that had been selected to write the document included Benjamin Franklin and John Adams who had different beliefs. The word "inalienable" was changed to "unalienable" and read: "We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable rights, that among these are Life, Liberty and the Pursuit of Happiness."
The above two paragraphs come from nationally respected political author Mary Mostert in an article she wrote on January 11, 2006 "Unalienable vs. inalienable rights". She explains the change; as Thomas Jefferson reflected a Deist philosophy and did not believe in a loving and caring Heavenly Father vs. the 18th century version of "intelligent design" reflected by Franklin and Adams.
Franklin and Adams, among the most farsighted of the founders, were intentionally drawing a distinction between the two words, settling on 'unalienable' as the definitive representation of human rights conferred on mankind by the Creator. They foresaw problems with an absolute claim of rights and allowed government the ability to mollify their application. For instance, they recognized our UNalienable right to control our own individual lives and destinies, but the Bill of Rights (although each is based on the unalienable rights of life, liberty and our pursuit of happiness) is comprised of what are widely regarded as inalienable rights.
The concept of what completely defines unalienable rights is what has been lost through the obfuscation of government regulation. Incumbent upon the legitimate exercise of an unalienable right by any individual is recognition of the fact that such exercise cannot deny anyone else the free exercise of THEIR unalienable rights.
Ex.: It may make you happy to hunt me down, kidnap and kill me. But my unalienable, Natural, God-given right to my life, liberty and pursuit of what makes ME happy allows society to take your life as just punishment for such successful, anti-social acts. It is also what gives ME the right of self-defense - the right to DEFEND my life with deadly force and take YOUR life for your illegal and immoral attempt to take mine. For thousands of years of recorded human history spanning all cultures, the ONLY defense against a charge of murder resulting in total exoneration of the accused is the proven act of self-defense.
All court decisions as indicated by those cites I supplied have been consistent throughout our legal history of the difference between unalienable and inalienable rights. Another subtle indicator is Warren v District of Columbia, 444 A.2nd 1,(DC App. 181) where it was decided and explained that it is a FUNDAMENTAL PRINCIPLE of American law (not some legal aberration unique to the District of Columbia) that individuals must be responsible for their own immediate safety, with police providing only an auxiliary general deterrent. Agencies of government cannot be held responsible for failure to provide services (fire, police, water) to any individual, only to society as a whole.
Your UNALIENABLE right to your life and the ability to defend it, and the fact that the courts say it is a "fundamental" aspect of American jurisprudence (YOUR responsibility), are the best arguments AGAINST gun control and banning firearms in the hands of the people.
It is also important to note this concept was not a thought originating in the minds of these patriots. The concept of divine origins and unalienability of human rights goes back to Aristotle, Cicero and later St. Thomas Aquinas in "Summa Theologica". As far as a theological concept it has a deep and solid foundation.
Finally, the Constitution was written to design and implement a system of LIMITED government based on the principles laid out in the Declaration, and for which principles we had just fought a long, bloody revolution against tyranny. The Prime Directive of government as stated in the Declaration's second paragraph is to SECURE our rights. It would have been nothing short of inconsistency (stupidity, hypocrisy) for the founders to design a system of ostensibly limited government and leave the door wide open for government to crush our individual rights without recourse. By stating that our rights come from the Creator and, as gifts from Him and as with all of the acts of "Nature and of Nature's God", are beyond the reach, power or jurisdiction of government to arbitrarily revoke or alter then neither you nor I can give them up voluntarily, nor can they be taken from us by coercion, edict (Executive Order), legislation or treaty. Without that salient distinction, it all falls apart. With it the Genie of tyranny remains in the bottle for all time, or until the people become so dumbed-down as to be unaware of its protection.
Liberty's Advocate SFTOBEY • Thank you. I truly believe this concept is the Founder's Key to helping us - as free men and women - to preserve our rights and liberties against government overreach and tyranny and, as such, is the most important lesson to teach and to be learned by Americans today. Help spread the word ... please.
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HARRY REID'S LAST ROUNDUP
http://www.wnd.com/2014/04/harry-reids-last-roundup And there’s an even bigger story of scandal and corruption still beneath this show of force by the BLM, orchestrated by Harry Reid. On Jan. 20, 2013, WND warned Chinese government-backed economists were proposing a plan to allow Chinese corporations to set up “development zones” in the United States as part of a plan proposed by the Chinese government to convert into equity the more than $1 trillion in U.S. Treasury debt owned by the Chinese government. The next day, Jan. 21, 2013, WND documented the Obama administration had begun to allow China to acquire major ownership interests in oil and natural gas resources across the USA. The first major intrusion of China in the U.S. oil and natural gas market can be traced to the Obama administration decision in October 2009 to allow state-owned Chinese energy giant China Offshore Oil Corporation, or CNOOC, to purchase a multi-million-dollar stake in 600,000 acres of South Texas oil and gas fields. By allowing China to have equity interests in U.S. oil and natural gas production, the Obama administration reversed a policy of the Bush administration that in 2005 blocked China on grounds of national security concerns from an $18.4-billion deal in which China planned to purchase California-based Unocal Corp. China’s two, giant, state-owned oil companies acquiring oil and natural gas interests in the USA are CNOOC, 100 percent owned by the government of the People’s Republic of China, and Sinopec Group, the largest shareholder of Sinopac Corporation, an investment company owned by the government of the People’s Republic of China, incorporated in China in 1998, largely to acquire and operate oil and natural gas interests worldwide. On March 6, 2012, the Wall Street Journal compiled a state-by-state list of the $17 billion in oil and natural gas equity interests CNOOC and Sinopec have acquired in the United States since 2010.
But back to Cliven Bundy and Harry Reid. Remember Solyndra? ENN intended to create solar energy farms on the Nevada land, despite the nearly 50 percent plunge in solar panel prices globally in the previous 15 months that led to the bankruptcy of solar equipment maker Solyndra LLC, which had received approximately $535 million in U.S. government loan guarantees. And, yes, money exchanged hands between ENN and Reid. The Chinese energy company contributed $40,650 individually and through its political action committee to Sen. Reid over the previous three election cycles. Reid was recruited by ENN during a 2011 trip he took to China with nine other U.S. senators, supposedly to invite Chinese investment in the United States. The Senate group accompanying Reid on his 2011 trip to China included six other Democrats and three Republicans: Richard Shelby, R-Ala.; Barbara Boxer, D-Calif.; Dick Durbin, D-Ill.; Mike Enzi, R-Wyo.; Chuck Schumer, D-N.Y.; Frank Lautenberg, D-N.J.; Johnny Isakson, R-Ga.; Jeff Merkley, D-Ore.; and Michael Bennet, D-Colo. Thank you, Cliven Bundy for bringing all of this to the public’s attention. Read more at http://www.wnd.com/2014/04/harry-reids-last-roundup/#kEKRXft3ylUOQLpW.99 |
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