Treaty with Tripoli (1796)
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The Treaty of Tripoli (the Treaty of Peace and Friendship) was a 1796 peace treaty between the United States and Tripoli. It was signed at Tripoli on November 4, 1796 and at Algiers (for a third-party guarantee) on January 3, 1797 by Joel Barlow, the American consul to the Barbary states of Algiers, Tripoli and Tunis. It was ratified by the United States on June 10, 1797.
Article 11
The Treaty is notable for Article 11, from Joel Barlow's English translation, which reads:- "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 Mussulmen; and, as the said States never 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."
Supporters of this view argue that the treaty states categorically that the United States of America is not founded upon the Christian religion, and that this treaty, with that statement intact, was read before and passed unanimously by the United States Senate, and was signed by the President of the United States without a hint of controversy or discord. They also sometimes contend that it is the earliest and most definitive statement from what could be called a fair and representative sampling of the "Founding Fathers" regarding the secular nature of American government.
Opponents of this view downplay this assertion, arguing that the phrase was mere diplomatic window dressing, like the reference in the same sentence to supposed "harmony existing between the two countries," when relations between the two countries were actually very far from harmonious. However, if the phrase "harmony existing between the two countries" might be considered diplomatic language, the phrase "United States of America is not, in any sense, founded upon the Christian religion" is not diplomatic language; had it been "mere window dressing", it is argued that it would have been stated in much less direct terms.
Some also contend that Article 11 was atypical of documents of the day, and note that, at the time the treaty was negotiated, although the federal government of the United States was religiously neutral, many American States and towns still had official established churches, or permitted only Christians to hold public office. Additionally, they cite an earlier treaty: The 1783 treaty with Great Britain ending the Revolutionary War begins, "In the name of the Most Holy and Undivided Trinity..." They also point to religious references in a few other founding documents, such as the 1781 Articles of Confederation which includes the phrase, "Whereas it hath pleased the Great Governor of the World," and the Declaration of Independence which references the "Creator" and "Nature's God," as well as several documents (including both the United States Constitution and the Articles of Confederation) which were dated, "in the year of our Lord" (i.e., from the birth of Christ). Supporters respond that these phrases, usually found in the preambles of the cited documents, are in truth the very "mere diplomatic window dressing" that opponents have characterized Article 11's language to be.
In 1930, there was contention that the existent original Arabic version of Article 11 was gibberish and that the original Article 11 was not an article at all, but a letter from the Dey of Algiers to the Pasha of Tripoli. This contention arises from the declaration within this article that the United States was never founded as a Christian nation. Nevertheless it is established that Joel Barlow's English translation of Article 11, as recorded in the certified copy of January 4, 1797, is contained in the version of the treaty that was approved by President John Adams and Secretary of State Timothy Pickering and ratified by the Senate.
There exists an additional certified copy of the original Arabic Treaty made by James Cathcart. This copy confirms that Article 11 was not a part of the Arabic original, but was for some reason revised in the English translation that was ultimately ratified.
The Treaty was broken in 1801 by the Pasha of Tripoli and renegotiated in 1805 after the First Barbary War, at which time Article 11 was removed.
Historical context
At the time of the Treaty and for 300 years prior, the Mediterranean Sea lanes were largely controlled by the north African Muslim states of the Barbary Coast (Tripoli, Algiers, Morocco, and Tunis) through piracy. Hostages were either ransomed or sold into slavery. Over time, most countries found it expedient to simply pay a yearly tribute (bribe) to the Barbary sultans in exchange for safe passage through the Mediterranean.
Following the American Revolution, America was no longer under the protection of the British tribute treaties, resulting in the crippling of American commerce in the Mediterranean. Having no significant Navy, the U.S. decided to form tribute treaties with the Barbary states, such as this 1796 Treaty of Tripoli.
In March 1801, the pasha of Tripoli demanded more tribute than previously agreed upon. The newly inaugurated U.S. President, Thomas Jefferson, having long disagreed with the policy of paying tribute, refused the pasha's demand. On May 10, 1801, the pasha declared war on the United States.
On June 4, 1805, under the imminent threat of U.S. action, Tobias Lear negotiated the [Treaty of Peace and Amity] with the Pasha Yusuf. To the dismay of many Americans, this included a ransom of $60,000 paid for the release of prisoners from the Philadelphia and several American merchant ships.
By 1807, Algiers had gone back to taking American ships and seamen hostage. Distracted by the preludes to the War of 1812, the Americans were unable to respond to the provocations until 1815, with the Second Barbary War, thereby concluding the encompassing Tripolian War (1800-1815).
See also
External links
- [Treaties with The Barbary Powers: 1786-1836 -- all treaty texts and related documents]
- * [1796 Treaty text and related documents]
- * [1796 Treaty - The 1930 Annotated Translation from Arabic]
- * [1805 Treaty text and related documents]
- Arguments in support of view that Article 11 shows the United States was not a Christian nation:
- * [Joel Barlow And The Treaty With Tripoli]
- * [Does the 1797 Treaty of Tripoli say that "The Government of the United States is not, in any sense, founded on the Christian religion?"]
- Arguments against the view that Article 11 shows the United States was not a Christian nation:
- * [Treaty of Tripoli]
- * [What About Article 11 in the Treaty of Tripoli?]
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