The 1796 Treaty of Peace and Friendship

By Gardner Weld Allen (1856-1944) - Our Navy and the Barbary_Corsairs_1904

Decatur’s Squadron Off Algiers, by Gardner Allen Weld, 1905.

On June 7, 1797, the US Senate ratified a treaty with Tripoli, which President John Adams signed into law three days later. This Treaty of Peace and Friendship of 1796 was one of four maritime agreement between the infantile United States and the Maghrib States (Tripoli, Algiers, Morocco, and Tunis), known in the west as the Barbary Coast. These treaties were meant to protect American ships in the Mediterranean from pirates operating in the region.

The treaties soon failed, largely because of the toll of payments owed to the Maghrib States and the pirates’ continued ransoming of American sailors. President Adams opted to pay the ransoms and tributes, but his slave-owning Southern successor Thomas Jefferson refused to pay the North African states, sparking a war during the first year of Jefferson’s presidency, the first of two conflicts known as the Barbary Wars.

Late during the Obama Administration, several commentators on both the left and right compared Obama’s foreign policies to the Barbary Wars. An article in The Atlantic called US involvement in the 2011 Libyan Civil War “The Third Barbary War.” Others compared the Barbary pirates to ISIS, while those on the far right erroneously claimed that Jefferson went to war with Islamic terrorists.

Both camps miss the point: as usual, those on the right conflate terrorists with literally every other state-with-Muslims-in-it in history, while liberal commentators misrepresent Barbary piracy as comparable to religious terrorism. Historian Max Boot notes that both the US and Britain utilized piracy in the same ways, noting that “the corsairs of North Africa were no more–and no less–piratical than Sir Francis Drake or Sir John Hawkins. . . both of whom operated as privateers” and that “the US government was so attached to this practice that it refused to sign the 1856 Declaration of Paris outlawing privateering as a weapon of war” (8).

Furthermore, twenty-first century US Middle-Eastern policy differs ideologically from Jefferson’s. Edward Said points out that in the US, unlike Britain and France during this period, “there was no deeply invested tradition of Orientalism. . . the imaginative investment [in the Orient] was never made either, perhaps because the American frontier, the one that counted, was the westward one” (290). The US was interested in controlling the narrative, and therefore the economic value, of the American West (e.g. the Louisiana Purchase) rather than North Africa, which is perhaps the opposite of the Bush/Obama/Trump era.

While the Barbary Wars are easy to exploit for ideological op-eds, the pre-war treaties are more instructive. Specifically, the 1796 Treaty demonstrates that the early US conceptualized itself on equal footing with other seafaring powers, and was willing to alter the national identity it presented to that end.

Consisting of twelve articles, the 1796 Treaty proclaims first that there “is a firm and perpetual Peace and friendship between the United States of America and the Bey and subjects of Tripoli of Barbary” (Article I) and that the two states should avoid naval conflicts with one another. As such, the Treaty states that trade “is on the same footing with those of the most favoured nations respectively (Article IX).

Article XI is now controversial for its implications, and is worth quoting at length: “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 tranquility of [Muslims],-and as the said States never have entered into any war or act of hostility against any [Islamic] 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.”

Here, the US emphasizes at length that it does not have a bias against the Maghrib States on religious grounds. Yet Article XI is still out-of-place. In a strictly economic treaty, the US stresses religious difference, or its indifference to religion. Despite Article XI’s clear message, there is overwhelming evidence of a legalized bias against non-Christians after Independence. Gaustad and Schmidt write that “Delaware’s 1776 constitution required all public officials to swear their belief ‘in God the Father, in Jesus Christ His only Son, and in the Holy Ghost.’. . Pennsylvania in 1790 vowed to deny state offices to any atheist as well as to anyone who did not believe in ‘a future state of awards and punishments.’ Only Protestants could be elected in New Hampshire, Massachusetts, New Jersey, South Carolina, and Georgia–according to their constitutions” (131).

And yet, in the 1796 Treaty, the US publicly reshaped its cultural identity in order to make the treaty more appealing. American culture warriors insist that national identity is non-negotiable, but Article XI contradicts this at an international level. In contrast, the US crafted its national identity as an open slate, not just for states but as a union. From the beginning, malleability was intentional, not a growing list of exceptions to the rule. Malleability was the whole point of America.

I want to argue here that the US had a global consciousness from its inception, and not just when it entered World War One. Instead, it built its global consciousness on the trading and military strategies of Britain and France, as well as its own perception of itself as a frontier space, as a blank chalkboard upon which its leaders could draw and erase American identity.  Like the imagined Frontier, America was made to sustain multiple contradictions in what it was. A savage but easily conquered wilderness, a piratical state against piracy, not built on Christianity but where only Christians can be elected.

The land-owning businessmen who created America self-consciously crafted a flexible state that was easy to change as needed. The problem is that the mechanisms of change, of political dynamics, are still in the hands of economic elites.

The Barbary Treaties demonstrate a deliberate American flexibility, an exchange of identity for financial expansion. If this flexibility is more openly acknowledged, even utilized–if we finally recognized America’s founding blankness–then more people might be able to survive and even thrive in America. Until then, the nation is a chalkboard ruled by people who only know how to use the erasers.


Boot, Max. The Savage Wars of Peace. Basic Books, 2002.

Gaustad, Edward S. & Leigh E. Schmidt. The Religious History of America. Harper Collins, 2002.

Said, Edward. Orientalism. Vintage Books, 1994.

 

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