| Treaty Of Tripoli |
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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." Article 11 has been a point of contention regarding the proper interpretation of the doctrine of separation of church and state. It is generally considered as confirmation that the government of the United States was specifically intended to be religiously neutral. The United States Constitution specifically states that treaties with foreign powers have the force of law. The prime significance of this article that is often misunderstood or downplayed is that it stated 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, and remains 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. In 1930, there was contention that the existent original Arabic version of Article 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 Barbary Pirates At the time of the Treaty and for 300 years prior, the Mediterranean Sea lanes were largely controlled by the North Africa n Muslim states of the Barbary Coast (Tripoli, Algiers, Morocco , and Tunis ) through Piracy . Hostage s were either Ransom ed or sold into Slavery . Over time, most countries found it expedient to simply pay a yearly Tribute ( Bribe ) to the Barbary Sultan s 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. First Barbary War 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
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