Article 20 Treaty of Peace & Amity w/ Tripoli

Treaty of Peace & Amity, signed at Tripoli, June 4, 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.

http://avalon.law.yale.edu/19th_century/bar1805t.asp#art6


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