ceived, went to Tripoli and concluded a peace with the Pashaw, precipitate, because 60,000 dollars were paid, because all admitted the cooperation was beginning to be seriously felt, and because it was determined to withhold supplies from Eaton only a few days after intelligence had been received, that he was in possession of Derne, and before any attempt could be made, for the want of them, to push the enterprise forward.* Hamet, afterwards, came to this coun

* "ART. 1. Firm and inviolable peace, on terms of the most favoured nation. Favours granted to other nations by one party, to be common to the other; free, if freely allowed; otherwise, as the parties may agree.

"ART. 2. The bashaw of Tripoli shall deliver up to the American squadron now off Tripoli, all the Americans in his possession; and all the subjects of the bashaw of Tripoli, now in the power of the United States of America, shall be delivered up to him; and as the number of Americans in possession of the bashaw of Tripoli amounts to three hundred persons, more or less, and the number of Tripoline subjects in the power of the Americans 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.

"ART. 3. 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against the bashaw of Tripoli, in the province of Derne, or elsewhere within the dominions of the said bashaw, shall be withdrawn therefrom, and no supplies shall be given by or in behalf of the said United States, during the continuance of this peace, to any of the subjects of the said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 cooperated with them at Derue, &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 power.

"ART. 4. Enemy goods on board vessels of either party, to pass free.

"ART. 5. Citizens or subjects in enemy vessels, etc.

"ART. 6. The vessels of both parties to be furnished with passports. Visit of American vessels by Tripoline cruisers, etc. American vessels of war meeting Tripoline cruisers, &c. Passports, &c.

try, and presented a petition to Congress for relief and remuneration, which, we believe, was not successful.

"ART. 7. Purchase of prize vessels, &c.

"ART. 8. Provisions. Repairs. Landing cargo. "ART. 9. Stranded vessels. No pillage, &c.

"ART. 10. Vessels attacked within gunshot of forts, &c. "ART. 11. Commerce, &c. on the most favoured footing. "ART. 12. Consul not answerable for debts, &c.

"ART. 13. Salutes.

This

"ART. 14. As the government of the United States of America has, in itself, no character of enmity against the laws, religion, or tranquillity of Mussulmen, 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 the said consul's house at hours of prayer. The consuls shall have liberty and personal security given them, to travel within the territories of each other, both by land and sea, and shall not be prevented from going on board any vessel that they may think proper to visit. They shall have, likewise, the liberty to appoint their own drogoman and brokers.

“ART. 15. 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 calendar months shall be allowed for answers to be returned; during which time no act of hostility shall be permitted by either party; and in case the grievances are not redressed, and war should be the event, the consuls, and citizens or subjects of both parties, reciprocally, shall be permitted to embark unmolested on board of what vessel or vessels they shall think proper.

"ART. 16. 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,

unfortunate Prince seems to have been treated with injustice. We do not mean to say, that Eaton had authority to agree, that this country should restore Hamet to his throne. Neither he nor Mr. Barron had special instructions of any sort, though the latter had a general, discretionary direction of the business; but Eaton had authority, at least twice confirmed by supplying him on two occasions with money or stores during the progress of the expedition, to procure Hamet's cooperation, and when that cooperation was solicited, it was understood, that the Pashaw and Eaton should assault Tripoli by land (see Barron's letter of March 22, 1805) and a naval force by sea. * It looks very little like an equal cooperation for one party to make a peace, and to

three hundred dollars for each mate and supercargo, and one hundred Spanish dollars for each seaman so wanting. And it is agreed, that prisoners shall be exchanged in twelve months from the time of their capture; and that the exchange may be effected by any private individual legally authorized by either of the parties.

"Art. 17. Enemies of the U. States not to sell prizes in Tripoline ports: but Americans may, &c.

"ART. 18. Disputes to be settled by the American consul.

"ART. 19. 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.

Validity of wills.

"ART. 20. Persons dying intestate, &c. "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.

"TOBIAS LEAR.

"In witness whereof, we, with the heads of our regency, subscribe it.

"Given at Tripoli, in Barbary, the sixth day of the first month of Rabbia 1220; corresponding with the fourth day of June 1805.

"[L. S.] JUSUF CARAMALLY, Bashaw, &c.

* See Letter of Barron to Hamet, dated March 1805.

leave the other party half way on the expedition with no other resource than to get on board a man of war, and fly out of the country to save his life. Nay more, the United States engaged to use all their influence to induce Hamet to quit the territories of Derne.* America had all the advan

"To the People of the United States of America.

"It is known to the whole world, that the reigning Pashaw of Tripoli, Joussouf, obtained the throne by the murder of our father and elder brother and by my exile, who came next in succession. Driven by his impious and cruel usurpation I took refuge in Egypt, where I was kindly received by the Mameluke beys, who gave me a distinguished rank in the military service. Reposing in the security of peace, I had ceased to repine for the loss of my throne, and regretted only the lot of my unhappy subjects, doomed to the yoke of my cruel and tyrannical brother.

"It was at this epoch, that the arrival of General Eaton gave me hopes of better fortune; and though I could not tell what were his powers, I trusted to the faith of a great people, of whom he was the ostensible representative, and threw myself into bis arms. We concluded a treaty at Alexandria, a copy of which is among the papers of Commodore Barron, in the custody of his secretary, Mr. Robert Denison. This treaty not only stipulates the recovery of the throne for me, but also includes several advantageous articles for the United States, for which General Eaton will be my voucher. Ought I then to suppose, that the engagements of an American agent would be disputed by his constituent government? I cannot suppose, that a gentleman has pledged towards me the honour of his country on purpose to deceive me.

"General Eaton and myself, with our joint followers, had already advanced six hundred miles into the kingdom of Tripoli, and a general defection had seized my brother's army, all things prepared the protected of America to be hailed sovereign of his usurped throne. At this juncture, a peace is concluded, in which a throne, acquired by rapine and murder, is guarantied to its usurper, and I, the rightful sovereign, the friend and ally of America, am left unprovided for. No article in my favour, no provision for me and my family, and no remuneration for the advantages I had forgone, in trusting to American honour. I am left in Syracuse, with thirty dependants, on the pittance of two hundred dollars per month, and no prospect of future establishment. What with expenses of my retinue, &c. &c. I, a sovereign prince, am now reduced to the pension of 150 cents per day.

" I

tages of this cooperation, and they were considerable, as we shall see from the letters of Bainbridge, Barron and Lear.

"I believe the Pashaw is very desirous of peace, and has great apprehensions of the intended attack, and was a negotiation to be attempted, I think it very probable, that it would succeed, for the apprehension of the attack might have as great an effect as the attack itself, and should the attack prove unsuccessful, he will no doubt continue in demanding a considerable sum.”————“ The Pashaw is now very attentive upon your transactions with his brother in Alexandria. A camp is going against Derne. Give me leave to tell you, that I found your plan with the Pashaw's brother very vast, and that you sacrifice your prisoners' lives here in case of success."

From Barron, May 18, 1805.

"Whatever may be the final result of this cooperation, I cannot reject the belief, that it has had a powerful effect upon the reigning Pashaw, and it may be fairly presumed, that the gallant conduct of our friends in the affair at Derne, and the capture of that place, will have their influence and dispose him to moderate his pretensions, and to think seriously of peace."

"I must, here, observe that Mr. Eaton, whose generosity I cannot sufficiently praise, has assisted me from his own finances; else hard, indeed, had been my lot.

"When the usages of ages have accustomed men to the government of one, the right of a throne enters into the system of human thoughts, and that usage must have its rights like others.

"In this situation, I appeal to the virtue, generosity and candour of the people and government of America. I trust that a brave and free nation will interest itself in behalf of a fallen prince, who has trusted to its national honour and good faith. I trust the government will take my case into consideration, and at least send me back to Egypt, indemnified for those comforts, lost by uniting my fortune to theirs : and I am confident the American people will feel for the misfortunes of one, who has fought in the united cause of their interest and his own right.

"HAMET PASHAW,

"Son of Ali Pashaw Caramalli of Tripoli.

"Syracuse, Sept. 1, 1805."