time been taken by a Tripolian cruiser. This treaty was under the guaranty of the Dey of Algiers, and he advanced the money,* acknowledged to be a satisfactory considera

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.

“ART.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.

"ART. 4. Vessels of both parties to be furnished with passports, etc. “ART. 5. Prize vessels bought by citizens or subjects of either party, allowed a year to procure regular passports.

"ART. 6. Provisions. Repairs. Landing cargoes.

"ART. 7. Stranded vessels. No pillage, etc.

"ART. 8. If a vessel of either party should be attacked by an enemy, within gunshot 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.

"ART. 9. Commerce, etc. on the most favoured footing. "ART. 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 received by him previous to his signing the same, according to a receipt 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 Tripoli, of which part a note is likewise hereunto annexed. And no pretence of any periodical tribute, or farther payment, is ever to be made by either party.

"ART. 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 tranquillity of Musselmen; and as the said states never have entered into any war or act of hostility against any mahometan 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. "ART.

* $48,000 in cash-$8,000 in presents.

tion. We have but a single observation to make on this instrument, and that in relation to the eleventh article, which will be found in the note. There is, perhaps, not a civilized state in the world where so large a portion of the inhabitants are christians as this country. The children of Jacob are so few, that their proportion to the rest of the population hardly admits of a calculation. Having made this remark, we are embarrassed to understand, not the meaning, but the object of the eleventh article. A Jew, Turk or Hindoo, Atheist or the Heathen may hold any office of trust, honour or profit under the federal constitution. But if the government of this country is not founded on the christian religion, on what religion is it founded? With the same justice, it might be said, that our civil institutions are not founded on good morals and good education, not more important, surely, than religion. In the hands of the people, religion is not an instrument, employed for sectarian purposes, nor is our republican form of government made an instrument for the political conversion of other people. The politics of

"ART. 12. No appeal to arms in case of a dispute concerning a violation of this treaty, etc. The consul failing to settle disputes, amicable reference to be made to the dey of Algiers.

"Signed and sealed at Tripoli, of Barbary, the 3d day of Jumad, in the year of the Hegira 1211; corresponding with the 4th day of November 1796; by

[L. s.] JUSSUF BASHAW MAHOMET, bey.

[L. S.] MAMET, treasurer.

[L. S.] AMET, minister of marine.

[L. s.] AMET, chamberlain.

[L. s.] ALLY, chief of the divan.

[L. s.] SOLIMAN, kaya.

[L. s.] GALIL, general of the troops.

[L. s.] MAHOMET, commandant of the city.

[L. S.] MAMET, secretary.

"Signed and sealed at Algiers, the 4th day of Argil 1211; corresponding with the 3d day of January 1797; by

[L. s.] HASSAN BASHAW, dey.

And by the agent plenipotentiary of the United States of America, [L. s.] JOEL BARLOW."

the Pashaw of Tripoli would be quite as safe in the keeping of the Americans as his religious faith. The Turkish government is an ecclesiastical one; that of the United States is not only not so, but it does not even resemble the European in having a hierarchy connected with it. Still, we are a christian people, and that religion, though not a political instrument, is, nevertheless, a necessary and principal element in our society. It would seem a much more reasonable and judicious stipulation, if the American agent had satisfied himself with providing freedom of worship for the consul and his family.

The Pashaw did not, however, pay much attention to this, or any other provision of the treaty. In less than three years (April '99) the consul was ordered to leave Tripoli, and so strong in this country was the expectation of war, that a small squadron was despatched to the Mediterranean. The corsair states make but one complaint;-the want of money. Sidi Youssouf was offended, at not being so well paid as the Algerines. But the second year of the treaty he had received 12,000, and the third 22,000 dollars, though under that instrument, he was not entitled to a single sequin. "All nations pay me," he said, "so must the Americans. Why do they neglect me in their donations? Let them give me a stipulated sum annually, and I will be reasonable as to the amount." War was soon after declared, and we cannot do better than give in the consul's words, the rude but rather emphatic form these people have of making public that solemn state of things.

"This evening (10 May) at 6 P. M. Hadgi Mahamude, the same that went to Algiers in the Hamdullah, came to the American house, and told me not to be alarmed, for the Pashaw had sent him to inform me, that he declared war against the United States, and would take down our flagstaff on Thursday the 14th instant, that if I pleased to remain at Tripoli, I should be treated with respect, but if I pleased, I might go away. I sent my compliments to the Pashaw, and informed him, that it was my positive instructions not to remain an instant after a declaration of war took place, and that I should charter a vessel to-morrow, if possible.

"Thursday 14th at 1 P. M. Hadgi Mahamude came to inform me, that the Chous were coming to take our flagstaff down. I waited until the Seraskier arrived, and then sent to offer him 10,000 dollars, in addition to what I had already offered, which was rejected by the Pashaw, and orders given to cut away the flagstaff.

"At quarter past 2, they effected the grand achievement, and our flagstaff was chopped down six feet from the groud, and left reclining on the terrace. Thus ends the first act of this tragedy. I hope the catastrophe may be happy."*

* In a protest, entered in the chancery of his consulate, Mr. Cathcart, among other items of complaint, mentions the following: "Second, be it known, that in the month of October 1799, James Leander Cathcart, consul for the United States of America in this regency, having received several bales of cloth to dispose of, that said Joussouf Pashaw sent the broker Leon Farfara to the consular house, requesting said consul to give him the preference in the sale of said cloth, promising to pay for the same like any other individual, and as cloths were sold of the same quality. I, knowing how he had served the late Venetian and Swedish consuls on a similar occasion, sent said Leon Farfara to inform him, that the cloth was not mine, and that I expected to be paid immediately in order to be enabled to make a remittance to my correspondent, which he the said Pashaw promised to do; I, therefore, confiding in his promise, which I was taught to believe was sacred to all true Mussulmen, and more especially to a prince of the august family of Caramaely, did deliver unto him sundry pieces of cloth to the value of five thousand seven hundred and eighty-seven yuslicks, current gold of this regency, which at that time was worth Spanish dollars two thousand three hundred and fourteen, and eighty cents. That I have repeatedly demanded the above sum, and have always been put off from time to time with promises, until the 22d day of September 1800, when some oil, belonging to the said Pashaw,being selling at public vendue, I sent my drogoman to purchase a barrel for the use of my house, value about eighteen dollars, which the hasnader refused to give unto him, unless I sent the money to pay for it first. I sent my drogoman immediately to the Pashaw to know the reason, who repeated the same words, saying the oil was not his, but belonged to the crew of the cruisers, that if I wanted oil, I must first send the cash. I immediately sent for Farfara, who had acted as broker in the sale of the cloth, and desired him to demand a positive answer from the Pashaw, whether he intended to pay me or not-that I was resolved to be kept no longer in suspense and offered to take

This last war with Tripoli is remarkable for an expedition, somewhat romantic in its character, from Alexandria in Egypt across the desert of Lybia to Tripoli, a distance of a thousand miles. It was undertaken by William Eaton, a native of the State of Connecticut; to say the least, a brave, resolute man, endowed with an enterprizing disposition, and, by no means, destitute of a certain description of talent. He had been a captain in the army and was subsequently employed as consul at Tunis. Mr. Eaton was appointed in May 1804 navy agent for the Barbary regencies with a salary of 1200 dollars, the rations of a navy lieutenant, and with directions to obey the orders of Commodore Barron. Hamet, ex-Pashaw of Tripoli, having been dethroned by his younger brother Joussowf, the object of Mr. Eaton's appointment was to obtain his cooperation in the war. This is explained in a letter from the secretary of the navy to Commodore Barron.

"With respect to the ex-pashaw of Tripoli, we have no objection to your availing yourself of his cooperation with you against Tripoli, if you shall, upon a full view of the subject after your arrival upon the station, consider his cooperation expedient. The subject is committed entirely to your discretion. In such an event you will, it is believed, find Mr. Eaton extremely useful to you."

Commodore Barron was, therefore, fully authorized by the secretary of the navy to obtain the cooperation of Hamet, and that he believed, it would be for the benefit of the service, cannot be doubted, after the verbal orders given the 15th Sept. 1804 to Captain Hull, a copy of which was signed by that officer and Mr. Eaton. They are in these words:

"The written orders, I here hand you, to proceed to the port of

the money at the present value, which is only 1929 dollars in full of all demands; the Pashaw sent the same answer, which he had sent above fifty times before, that he would pay me, but at present it was not convenient and desired Leon Farfara to inform me, that if I had a mind, I might take one of the Swedish prizes for my money, which I declined."