Commodore Barron had arrived in the Mediterranean, affected with a disease which universally weakens the mental powers of those who are subject to it; in his case we have the evidence of his officers, that during the whole winter and spring, he had been "disqualified from transacting any business, his mind being so mach impaired, that he scarcely recollected what transpired from one day to another; and on applications being made to him for instructions, he would lose the recollection of what passed in the course of conversation." It was also generally believed by the officers in the Mediterranean, "that Mr. Lear had a great ascendancy over the Commodore in all his measures relative to the squadron." For merely exercising such an ascendancy, Mr. Lear cannot certainly be blamed; nor can it be imputed as a fault to Barron, that in his situation it should have existed; he had been intrusted with an important command, which he wished to retain, particularly as he was much better acquainted with the views and wishes of his government, than the officer who would succeed him in case of his resignation could possibly have been. Under these circumstances it was natural, that being himself aware of his debilitated state, he should have looked for counsel and assistance to one in whom their government had manifested such implicit confidence. Respecting the course to be pursued with Tripoli, Mr. Lear in all his despatches and recorded conversations, had advocated the propriety of strong measures, for which he considered the forces of the United States alone as perfectly adequate. To the plan of co-operation with Hamet, he had been from the first opposed, pronouncing it visionary and impracticable; he insisted that Yusuf might be compelled to accede to honorable terms without any extraneous assistance whatever, and "that more reliance might be placed on a peace with him if well beaten into it, than with his brother, if placed on the throne by the aid of the Americans." When the accounts arrived of Eaton's junction with Hamet, and their projected expedition from Egypt, he declared his conviction openly that it would prove fruitless, and "that they with their adherents, would be sacrificed before reaching Derne." For these opinions there were certainly strong grounds; but knowing as he did, that Yusuf had manifested the utmost uneasiness ever since he had been informed of his brother's intended expedition, how could Mr. Lear have supposed that no impression favorable to the United States had been made on him, by the capture of Derne and the defeat of his army? We have certainly a right here to suspect the existence of prejudice or of personal feeling, or of too great a disinclination to acknowledge the erroneousness of previous assertions. That "a deep impression had in reality been made on the Pasha by the heroic bravery of the few Americans at Derne, and by the idea that the United States had a large force and immense supplies at that place," he indeed afterwards admitted, and endeavored from thence to make an arrangement favorable to Hamet. From the terms of Rodgers's letter already quoted, it appears that he was by no means desirous to negotiate until the Pasha should have been humbled; and he declares in another letter, that he never had entertained any apprehensions for the lives of the prisoners. It is therefore possible, that had not Barron before his relinquishment, taken such decided steps with regard to the abandonment of Hamet's cause, and (at least apparently) induced Mr. Lear to enter upon the negotiation with Yusuf, those measures might have met with some opposition from Rodgers, which delicacy under the actual circumstances forbade.
The Spanish Consul boarded the Essex immediately on her arrival off Tripoli; Mr. Lear informed him that he had come at the Pasha's request to treat for peace, but that the terms which had been already proposed through him were inadmissible, and that unless they were put aside entirely, no progress could be made in the affair. The Consul returned to Tripoli, and came on board again on the 29th, bringing a commission from the Pasha to treat on the principal points of accommodation; Yusuf relinquished all demands of payment for peace, and offered to restore the prisoners for a hundred and thirty thousand dollars, the Tripolines in the hands of the Americans being given up gratis. Mr. Lear replied by other propositions, which were—that the prisoners should be restored on both sides, the Americans immediately, the Tripolines as soon as they could be brought from America and Sicily where they then were; that as the Americans exceeded the Tripolines in number by about two hundred, the sum of sixty thousand dollars would be paid as ransom for the balance in favor of the Pasha; and that a treaty of peace should then be made on mutually honorable and beneficial terms. After some difficulties, Yusuf agreed to these propositions, except that he refused to give up his prisoners until the Tripolines were ready to be delivered to him in return for them.
This was probably only a pretence to gain time. Indeed, within the preceding year, the question between the United States and Tripoli had been materially changed. The Americans had appeared in such force in the Mediterranean, that they could no longer be regarded as supplicants for peace, and the great object was to obtain the liberation of their captive fellow-citizens; on the other hand, the Pasha had suffered so much from the blockade and the expenses of the war, that he was desirous to have it terminated on as good terms as he could obtain. Hamet's success at Derne had much increased his anxiety, and knowing that it was entirely due to the assistance of the Americans, he was determined not to give up the advantages he possessed by means of the prisoners, without securing in return the withdrawal of this important aid from his brother's cause; for this reason he wished to have the treaty of peace made before the execution of any other measures. As to the restoration of his own subjects who were in the hands of the Americans, he was entirely indifferent; often declaring when exchange was proposed, "that he would not give an orange apiece for them."
On the 1st of June, Bainbridge came on board, under guaranty of Mahomet D'Ghies and the Danish Consul. He assured Mr. Lear that Yusuf would not consent to surrender the prisoners, until a treaty of peace were made. As the objects of the Americans were to obtain the liberation of their countrymen and security for their commerce and navigation in future, it was not worth while to oppose this, and Bainbridge was directed to inform the Pasha, that if the terms proposed were accepted, a negotiation would be immediately entered into for a treaty, with any proper person duly authorized by him, but that no farther communication would be held with the Spanish Consul. Yusuf upon this accordingly commissioned Mr. Nissen to confer with Mr. Lear on the terms of the treaty; instructing him specially to have an article inserted, stipulating that the American forces should be withdrawn from Derne, and that efforts would be used to persuade Hamet to leave the Tripoline dominions. This stipulation was agreed to by Mr. Lear, who, however insisted that the Prince's family, who still remained in the Pasha's hands, should be restored to him. Yusuf objected and the negotiation was almost at a stand; at this crisis the Nautilus arrived from Malta, bringing notices of Eaton's farther successes at Derne, and also information of the arrival of additional forces from the United States. Rodgers here expressed his anxiety to try the effect of farther offensive operations against him; but Mr. Lear "would not suffer the business to be broken off and leave his countrymen longer in slavery," and therefore consented that time should be allowed for the delivery of Hamet's family. The difficulties between him and the Pasha were then removed and the preliminaries were assented to by both parties. Mr. Lear landed directly after, and on the 4th of June 1805, corresponding with the 6th of the first month of Rabbia of the year of the Hegira 1220, a Treaty of Peace and Amity between the United States of America and the Pasha, Bey and subjects of Tripoline Barbary, was signed at Tripoli.
By this treaty, firm and inviolable peace and sincere friendship was to exist between the two nations; the prisoners were to be returned on each side, sixty thousand dollars being paid by the Americans for the difference in number against them; the forces of the United States, in hostility against the Pasha at Derne or elsewhere in his dominions, were to be withdrawn, and no supplies to be given by the Americans during the continuance of the peace, to any of his subjects who may be in rebellion against him; the Americans were to use all means in their power to persuade Hamet to retire from the Tripoline territory, but they were to use no force or improper means to that effect, and in case he should thus retire, the Pasha was to deliver up to him his wife and children. The stipulations respecting commerce and navigation, the rights of citizens and of consuls of either party in the territories of the other, the assistance to be given to stranded vessels, the protection to be afforded to vessels pursued by an enemy, &c. were placed on the most equal footing; and it was moreover declared, that in case a war should hereafter break out between the two parties, the prisoners taken on either side should not be made slaves, but should be returned at a stated ransom. This provision was at least harmless, and it held out inducements to humane conduct.
The American prisoners were sent on board the squadron, immediately after the signing of the treaty, and the Constitution frigate was sent to Malta and Syracuse for the money to be paid as ransom and the Tripolines. The American flag was again hoisted in the town, a Consul was installed, and the inhabitants testified their pleasure on the termination of a war by which they had so severely suffered.
This pacification has proved most advantageous for the Americans; no tribute has been since paid by them to Tripoli, nor has any infraction of the treaty been made either by the government, or the subjects of that regency, without full indemnification having been promptly obtained for it. The Pasha has indeed always appeared ready to do or to submit to any thing, rather than have another war with the United States. There is however every reason to suppose that the peace might have been made on terms more honorable to the Americans; and it is difficult to conceive what proper motives could have induced their commissioner, to offer a sum of money as ransom for the prisoners, with so strong a force at his disposal, and with the finest province of the Tripoline dominions actually in the hands of his countrymen. The proposition must certainly have surprised Yusuf, who had up to that moment received from him nothing but expressions of a fixed determination to seek peace only at the cannon's mouth.
Although it was expected that the information conveyed by the Hornet would have induced Eaton and the other Americans to evacuate Derne, still it was thought proper to despatch the frigate Constellation to that place, with accounts of the peace which had been concluded; it carried also one of Yusuf's officers, who was empowered to proclaim a general amnesty, and her captain was instructed to receive Hamet and his immediate followers on board, should they choose to accompany him.
The communications previously received by the Hornet had prepared Eaton for these results; and he had instantly made known to Hamet the critical state in which his affairs were placed; the poor Prince very naturally exclaimed, that "to abandon him then, was to co-operate not with him, but with his brother"—and seeing that it would be impossible for him to prosecute the war, after the withdrawal of the American forces, he prepared to leave Derne with them whenever they should go. Eaton, however, could not bear "to strike the flag of his country in presence of an enemy, who had not merited the triumph, and to see the unbounded confidence placed by the inhabitants in the American character, sink into contempt and eternal hatred;" he had, therefore, resolved not to give up the advantages already obtained at Derne, and carefully concealing his apprehensions, continued to pursue the measures best calculated to advance the success of the enterprise. In this determination he seems to have been seconded by Captain Hull, and the other officers of the ships on the station, who had been induced by the declarations of Commodore Barron and Mr. Lear, to expect that an opportunity would have been afforded them in the approaching season to chastise the insolence of the Pasha, and fully establish the reputation of the Americans in the Mediterranean.
The Constellation arrived off Derne on the 11th of June, and it being at once supposed that she brought supplies and troops in aid of Hamet, the hopes of his partizans were excited to the highest pitch, while the Tripolines were so much dismayed, that they broke up their camp in haste, and retreated to the distance of fifteen miles from the town. When Eaton had examined the despatches brought by her, he saw at once that it would be a nice and difficult task to embark the Christians with Hamet and his followers in safety, as the inhabitants would place but little confidence in the Pasha's amnesty, and might be disposed to sacrifice their lives in revenge for this apparent desertion. He therefore took measures to conceal the real state of affairs; he ordered the troops to be inspected, distributed ammunition and rations, and sent off spies as if in anticipation of an attack. At night, patroles were placed to cut off all communication between the battery near the sea, which was occupied by the Christians and the town; the Constellation's boats came to the wharf, and the Christians, to their great astonishment, were all embarked and rowed off to the frigate, except the Americans. A message was then sent to Hamet, requesting an interview; he understood what was meant and instantly came with his retinue; they entered the boats, which had by that time returned, the Americans followed, and last of all went Eaton, just in time to escape the soldiery and inhabitants, who learning what was going on, rushed in distraction to the beach. Finding themselves deserted by those who had led them to take up arms against their tyrannical master, their rage burst forth in execrations against Hamet and his infidel friends. In the morning, the Tripoline agent landed and proclaimed amnesty to those who would return to their allegiance; but the place was already nearly deserted; the Arabs had plundered it of all that could be carried away and retreated to the mountains, accompanied by many of the inhabitants; those who remained rejected the terms of pardon offered them, and prepared to defend themselves to the last from the tops of their houses. What was their fate we have been unable to learn. At noon, on the 13th of June, Eaton writes, "In a few minutes, we shall lose sight of this deserted city, which has experienced as strange a reverse in as short a time, as ever recorded in the disasters of war." The Constellation arrived in a few days at Syracuse, where the men who had served with Eaton at Derne were paid off. The whole expenses of the expedition amounted to about forty thousand dollars.