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Bashaw shall be withdrawn therefrom, and no supplies shall be given by or in behalf of the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