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not to molest American vessels, unarmed, and laden may become so by the manner in which they were with flour and other dry provisions bona fide bound obtained, or the conditions on which they were to Portuguese or Spanish ports, whose papers shall granted, I have, therefore, in this case and another be accompanied with a certified copy of his letter of similar description (the schooner Hero) equirunder the consular seal of Mr. Allen. This is the ed further proof on this head, and the order for fun. mode adopted to notify the cruizing ships of the ad. ther proof is limited to the claimants, according to miral's instructions. If he had elected another me- the general rule in prize cases, 3 Rob. 267, Amethod, and! hd published liis instructions in the Ga-rican Ed. zette at blifur, it surely could be no ottence By the proof that has been produced relative to against the duties of a good citizen bound on as the licence in this case, it appears to have been purlawful voyage, to tuke with him one of the British chased of a citizen of the United States, an inhabi. newspapers, containing such instructions as a securi- tant of Virginis, at the rate of one dollar per bbl. ty on such lawful vouage, not prohibited by the laws for what the vessel would carry; that part of the of his country: A certified copy of the letter, by a consideration was p:id in caslı, the remainder to be by a known officer, has, as appears to me, no other paid on arrival of the vessel in Lisbon ; that the lilegal effect or operation. Mr. Allen's consular pow- cense was in blank, and the person procuring the ers may indeed have terminated by the war, though licens e declares, on oath, his belief, that the seller his residence in the country was permitted, and I had no knowledge of or concern with Mr. Allen by shall not undertake to decide on the propriety of whom the license was issued. It is further testifi. his signing in that capacity. It was probably consi- ed that such licenses are a common article of sale in dered as a mode which would give greater securi- Baltimore and other places. On this evidence, i. ty to the holders of the instrument, and render it cannot conclude that any enemy interests are involvless liable to exception or doubt from the enemy's ed in the transaction, or that the termıs on which cruisers. In this view it was rendered more valua- the license was obtained, render it a vitious iransac ble to the holders, and the procedure is entitled to tion, operating the tortesture of the property intendcandid consideration ; at any rate I cannot considered to have been protected. The act of July 6th, it as giving a vitious taint to the transaction, so as prohibits, under heavy penalties, the recciving, acto subject the citizen receiving such a document to cepting, or taking “a license from the government process of condemnation from the authorities of his of Great Britain, or any officer thereof, for leave to country, which are to decide upon the operation of carry any merchandise or send any vessel into any the paper. Mr. Allen aims to bestow a more ex-port or place within the dominions of Great Britain, tensive security than what is given by admiral Saw-or to trade with such port or place.” The mere re. yer; but it is, as it necessarily must have been, ceipt and acceptance of a license or security from merely advisory. It is addressed to the officers of capture, in a lawful trade to neutral countries, is all the ships of war of his country, public or pri noi prohibited. If not procured on terms involving Vate.
enemies' interests, I cannot find the rule of law which The views and intentions manifested by those offi- renders the vessel and cargo liable to condemnation cers in these papers, have been particularly urged in in our courts, for being possessed of such an instruargument. It is said that they fully express purposes ment of protection. Tam
sensible, that the practice favorable to the enemy, and that the acceptance of may be liable to abuse. It is capable of being conpapers with such indications implies a voluntary verted in an instrument of monopoly, or the pracsubscrvency to British interests. In whatever terms tice may have political bearings of serious import. these papers had been drawn, no one could suppose This liability to abuse renders it, as I conceive, the that they were granted from mere good will to this duty of the court to require such proof of the man. country, and if that had been affected, it sould have ner of procuring the license, and of the terms and deceived no one. In fact, whether expressed or not, conditions, as shall enable it to form an opinion of the state of things presented a case in which there the fair and legal operation of the procedure. I am was a coincidence of interests. When this trade not convinced from the evidence in this case, that was left open, after the declaration of war, it must the transaction relative to this licence, will su bject have been understood, that Great Britain would the property claimed to condemnation. There may fecl an interest in its prosecution. This could not be considerations relative to the practice, of dubi. but have been perceived and considered, when the ous aspect, which it belongs to the government to act of the 6th July last, relative to trading with the estimate, and to make such provisions as the public enemies of the United States, was passed. The sub- interest shall appear to require. sequent relaxation of the rights of war and of cap The other ground of objection is the direction to ture, on the part of the enemy, relative to such invest the proceeds of vessel and cargo in bills of trade, only presents a more deciderl manifestation exchange to be remitted to England. The direcof the estimated importance of the trade to G.Britain. tions for the sale of the vessel are not absolute, it It still is a legal and innocent trade to our citizens, was to depend on the contingency of receiving an until prohibited by statute; nor do I conceive, that advantageous offer. If sold, however, the proceeds the expressions in the papers should subject the citi- are directed to be remitted to Englund ; some of zens to the imputation of intending the promotion the shippers direct the investment to be made in goof the views of the enemy; he has his own interest vernment bills, meaning, it is adınitted, the bills of in view, and so far as any public considerations enter the English government. Oihers direct a renittance into the enterprise, he ought to be considered as fa- generally. As to the captain's adventure, it does vouring the views and interests of the country, who not appear in what manner it was his intention to have left the trade open under a full contemplation dispose of the proceeds. Now if this property was of the state of the country and of the world politi- intended merely to be landed at Lisbon, and to be cally and commercially. On the face of the instru- afterwards transhipped to the enemy's country, it ments, therefore,and viewing their whole tenor, I con-would clearly be a trading with the enemy, and sider them not as conclusive against the claimants such intention being manifested, it would be liable who are the holders of them. But the relaxation to condemnation, if captured in any stage of the is not universal, and from the very nature of partial voyage, (the Jonge Pieter, 4 Rob. 65.) But I am by exemptions, they are liable to a degree of suspicion no means satisfied that the orders given in tlus cases -tisugli not in themselves absolutely vitious, they us to remittance of proceeds, would, if executed, be
of like legal operation. To produce a conclusion, Bynkershock, vetatur quoquo modo hostium quilitati of such serious consequence to the owners of the consulere. We are not to consult the benefit of the property, 1 ought to be assured that there would be enemy, and of course that trade and those operations no mode of effecting the proposed remittances are, by the law of war, illegal, which from their wnhout implicating the claimants in the culpability character imply such a motive. But such is the con. of trade with the enemy. Now it is observable, nexion of human affairs, which national conflicts that all the cases, and they are numerous, which cannot altogether dissolve, that many operations Bjuve been cited from the books, respecting trade may have an indirect effect to benefit the enemy, and with the enemy, relate to targible objects, capable yet the law of war bas not considered them embracof actual use for the purposes of life, i.e. to goods ed within its imaxims of prohibition. If, for instance, and merchandize bound to or from the enemy's the proceeds of the numerous shipments to Spain country. ,O' this description are all the instances and Portugal from this country should be invested cited in the case of the Hoop, (1 Rob. 165, Am.ed.) in British goods, it would undoubtedly aid the enein which the law on this subject is so fully display, my, by the encouragenient given to its manufactures, ell and illustrated. I do not mean to infer, that and, in a degree, to its commerce. Still such purother transitions would not constitute a trade with chases would be lawful to our citizens, if made bona an eneiny, It certainly may be committed by going side of a neutral owner of such goods, and the goods to or coming from an enemy's country with a vessel thus purchased might be lawfully transported to without a cargo. But no case has been produced, any other neutral country. The mere law of war, though the attention of the able and learned counsel indeed, would not prohibit the importation of goods, for the captors was specially directed to the enqui- so purchased, even to our own country. It is our t's in which the usual operations of exchange were law of non-importation, made before the war, which considered as of this character. In fact, by an has this operation. analysis of those operations, it will appear, that a If such investment be not illegal, I am not satisfi. subst:ntial ditterence exists, in regard to aid to an ed, that evidence of the debt, thus purchased of a enchy, between a trade in commodities, and what neutral, might not be transmitted from the neutral is called a remittance. If a citizen should convey country, without coming within the legal idea of commodities to an enemy's country, he affords him trade with an enemy, as developed and illustrated palpable ais, and the act is illegal. But if he should by the cases which have been decided. It was, for purchase of a fellow citizen, or of a neutral, a debt a long time, lawful in England to insure enemies' or demand against a subject of the enemy, he ren- property, and such was the common practice in that ders no benefit to the enemy, there is only a change country in former wars with France. Valin, in of the creditor. If the remittance be to pay a debt, language, as Marshall observes, bordering a little on the enemy country is indeed a gainer to the amount derision, remarks on the impolicy of such a rule of of the debt. How a remittance for such a purpose law, which was peculiar to England, and suggests in ume of war should be considered, it is not ne- the benefit derived from it by France. But we find cessary here to enquire. The remittances in this no intimation, that the procurement of such insur. Cause were specially intended as a deposit, untilance in England, by a subject of France, was illegal, there should be an opportunity to withdraw the nor is it made subject to any animadversion; and amount,
yet such insurance could not have been effected įt is decided that a subject of one belligerent may without a correspondence. So when in England, in lawfully purchase of a neutral, goods or vessels, ly. the modern trials upon policies of this description, ing in a port of the opposing belligerent. The trade, the foreign holder of the policy has been held not in such case, is with the neutral, and the locality of entitled to recover, the objection has not been made, the objects purchased does not vitiate the transac- even in argument, that the creation of the policy, tion (4 Rob. 233. Am. Ed. Chitty Law of Nations, which would necessarily involve a degree of commu. 15.) From this authority I should infer, that the su- nication with the enemy, was an act of trading, but percargo, on this voyage, might lawfully purchase of that the object and effect of such policy was to pro& subject of Portugal, his debt or demand on Eng-tect the trade of the enemy. If, therefore, it were Tand, or in other words, his bill of exchange on Eng- now lawful in England to insure enemy's property, it Jand. But it is observed, that according to the di. would not, as appears to me, come within the idea rection of some of the shippers, the investment was of trade with the evemy for a citizen of this country to be made in government bills. Such an investment, to protect such insurance, though it could not be it is urged, would be particularly noxious, having a accomplished without a communication direct or in tendency to sustain the credit and give additional direct with that country, The same reason would villue to the enemy's paper. So far as such direc. apply to the mere transmission of the evidence ot & tion may be evidence of an intent of a commercial debt or demand on an enemy's country, lawfully ac. dealing relative to this cargo or any portion of it quired. with subjects of the enemy it is pertinent. But I do, I acknowledge the general obligation of bringing not consider it warrantable for me to make that in- every correspondence with the enemy under the cogterence, without more direct evidence. Govern-/nizance of goverment. A correspondence, intrinincest bills, as they are termed, it is affirmed, and I sically innocent, may be culpable from a non-conpresent the fact is so, are in the market, bought formily with regulations, calculated to assure the and sold like other articles. A bona fide purchase of government, that nothing injurious is to be appre. au English bill, of a neutral, would not place the par. hended from any proposed communication. It would ty, on legal ground, in a different situation from the be reasonable, however, to expect a promulgation prchuse of the bill of an individual. It would be of such regulations, that every one might be secure otherwise if the neutral were the mere agent to pro- from dangerous inadvertance. Besides, as the gopun, such government bills from the British holder.vernment has a public agent in Lisbon, and the
li cannot be denied that investments in government charge in this case rests on intention, Iought not to Rind have a tendency to enhance the value of|conclude, that any correspondence, which the pro
"de in the market. This indirect effect, how-posed remittance of bills to be purchased might re
the operation, would not, as appears to me, quire, would not be submitted to his inspection,
11 criminal. By the law of war, we are not In speaking of the doctrine of insurance on enePo mneliti enemyon the contrary, according to!mies' property, as it formerly stood, I cannot omit
to notice its application to the first objection in this lighter, by the people of the marine, to be carried case, grounded on the license from an enemy: Tht on shore, by order of the ininister of marine, but reasons which have led the courts of law in Great they were not landed. At noon the minister sent to Britain, ultimately, to decide against the validity of request a note of the articles, and their qaantity, such insurances, after long practice to the contrary, which were on board the ship for the regency, that might cause that country to be dissatisfied with he might lay it before the Dey in the evening, agree. these indulgences granted by its officers; and for ably to his orders. I accordingly sent the note takthe reasons which induced France not to discounte. en from the invoice, but without affixing the prices. Dance or disapprove of the procurement of insur-At 6, P. M. I received a message by my drogerman, ances in England, in time of war, between the two from the minister of marine, informing me that countries, may we conclude as to the innocence of when he laid my note of the articles before the Dey, obtaining these licenses or protections, it tainted he became very outrageous on finding there was onwith no improper contract or conditions.
ly fifty small barrels of gunpowder and four cables Such are the views which I have taken on this sub on board; when the note sent to the United States ject. In contemplating the questions on which the in 1810, as furnished by the minister of marine, decause depends, and in searching for just inferences manded 500 quintals of gunpowder, and 27 large from acknowledged principles, and from analagous cables, besides a very large quantity of cordage and determinations, I should not be surprised if my con- other articles, as may be seen by said note forwarded clusions should be found erroneous, in which case in my letter of August, 1810, to the honorable the they will be corrected by a superior tribunal, if the secretary of state; and told the minister that he captors should be dissatisfied. I decree restitution would not receive the cargo, but would send the to the claimants; but I do not think the captors ship away from Algiers, and that I must depart in should sustain the costs of bringing the case to ad-her, as he would not have a consul in his regency, judication, especially as further proof was requisite, who did not cause every thing to be brought exactly and the obvious facts might induce the course pur- as he (the Dey) ordered. sued by the captors, consistently with sincere and “Early in the morning of the 21st, I waited on the honest conviction, that their procedure was justi- minister of the marine to inquire into this procefuble. I therefore direct the payment of their ne dure, when he confirmed all that had been told me by cessary expences.
the drogerman, and added many other expressions of anger and disgust of the Dey.
“I reasoned with him on the subject, stating that Affairs of Algiers. it had never been usual to send the wbole of such Message from the President of the United States trans
large orders at one time; that we had been very mitting copies of a letter from the Consul-general of vessel would probably pay all that we owed; that
punctual in our payments, and that the cargo of this the Untied States to Algiers, stating the circumstances preceding and attending his departure from that with a part of each article, and that I had never be
cargoes bad always come in this manner, assorted Regency.
fore found any difficulty ; that powder and cables To the Senate and House of Representatives of the were articles of which we did not make enough for United States :
our own use in the United States, and that it was al. I transmit to congress copies of a letter from the
most impracticable at this time, to bring them from consul general of the United States to Algiers, stat- the world ; that in the present distracted state of na
other countries, as was well known to himself and all the circumstances preceeding and attending his departure from that regency.
JAMES MÅDISON. be forced into a war, and that it behored our govern.
tions, it was possible that the United States might Vovember 17, 1812.
ment, not to be destitute of so essential an article of Extract of a letter from Mr. Tear, consul general at
defence as gunpowder ; but that on a future occasion Algiers to the secretary of state.
we might be able to send more; .with many other
remarks, which he allowed to be reasonable, but said "ON BOARD THE AMERICAN SIIP ALLEGANY,
that the Dey was determined; and that when he At sea, July 29th, 1812.
had once fixed a resolution he never departed from “On the 17th inst. I had the honor to receive your it-And added, that the Dey insisted upon having respected favors of the 6ih of February and 29th of every thing brought which he ordered, without reApril, 1812, by captain Ebenezer Eveleth, of the ship garding whether it amounted to more than the sum stiAllegany, which arrived at Algiers on that day, with pulated in the treaty or not; and that I must depart the four new Jediterranean passports, 200 tops and on Thursday the 234 inst. on board the Allegany the several packages containing messages, reports, with all the Americans now in Algiers. newspapers, &c. together with the letter of Richard
“I wished to see the Dey, and for that purpose deForrest, esq. covering the invoice and bill of lading sired an audience, which was denied me. of the ship Allegany sent from the United States with a cargo of naval and military stores, for the re
“I then requested that a few more days might be gency of Algiers, in fulfilment of treaty stipulations allowed for my remaining, that I might prepare my
"I must delay replying to the particular points in self, as it was impossible to make any arrangement your letter of the 29th of April, until I shall have of my affairs in so short á time, hoping in the mean given an account of the most unexpected and extra- time, to make some accommodation of this business. ordinary event which I believe has ever taken place, The answer was that the Dey would not allow an
hour more. even in the extraordinary events of Algiers, in order that I may have it ready to transmit, in case I should
“I wrote a circular to the christian consuls in Almeet any vessel bound to the United States. giers, informing them of my ordered departure.
“On the arrival of the Allegany, the Dey and the “The spars and plank which were taken out of the officers of the regency expressed the most entire and vessel yesterday, were returned on board this morncomplete satisfaction; and until the 20th inst. when ing. In the morning of the 22d I sent my drogerinan they began to discharge the cargo, there was no ap- co the palace to say that I wished to make a settlepearance of any other sentiment. On that day a large inent of the cargo of the brig Paul Hanilton, which quantity of spars and plank were taken on board alhad been delayed, by a request from the palace until
the Allegany should arrive, when a settlement could "I told the minister that the matter was now be made for both vessels at the same time. brought to a decision, and that I must go to the ma.
“The request was granted, and the drogerman rine in chains, for it was not possible for me to ob. informed me that the dey wished me to bring our tain the money, and had no more to say on the subtreaty with me, that we might see the time when it ject, but would warn them of the evil which they commenced, the terms, &c. in order to make a final were bringing on themselves by such unjust and out. settlement of our accounts. This I did, and while rageous concluct. I was settling the accounts of the Paul Hamilton's "The minister went to the Dey a second time, cargo with the prime minister and secretaries, in when I demanded to accompany liim; but was rethe usual manner, the dey’s drogerman care tused, and soon returned with what he said was the down), and said, the dey wished to see the trea- fixed and unalterable resolution of the Dey, viz: 1y which I had brought. I gave it to him with that he would allow me till Saturday morning tlie out hesitation, supposing that the dey might wish 26th inst. to pay the money and depart with the resto see something in it, or that he might com- sel and all other Americans in Algiers ; but if this pare it with that which was in the palice. But when was not done, he should confiscate the vessels, de. I demanded the treaty again, the dey refused iotain in slavery all the Americans in Algiers, and de. deliver it, saying, by his drogerman, that when a clare war against the U. States as he had before consul was sent away, he (the dey) should always determined. The minister also added, that the Dey keep his treaty, and that such had ever been the had been informed that the ship had brought a large custom at Algiers.
quantity of cofiee for sale, and some other articles “After settling the account of the cargo of the not intended for him (meaning, I suppose, the gun Paul Hunilton, which amountod 10 $ 12,109, and barrels, &c. for the emperor of Morocco ; but whence producing a tiscary or acknowledgnient of a balance he could have got the information of the latter, I due to the United States, which had been given in know not, for I had never mentioned a sydable of it February 1810, at the settlement of the cargoes of to any one in Algiers. I have since learned that it the ship Resource and brig Blanchy, for $ 26,065; was discovered by some means or other, when tlie the minister and secretaries said there was stili plank and spars were taken out of the vessel on Mon. $ 27,009 due to the present time. This I denied, day) and that he was, if possible, more highly in. as I had the receipts, of the regency for the pay-censed at this, than on any other account; saving ment of annuities for 14 1-2 years, exclusive of the that he considered it an insult offered, by having amount of the crgo of the Paul itamilton and the merchandize embarked on board a vessel which was tiscary for $26,065, and as our treaty was concluded said to have been sent for the sole purpose of bringon the 5th of September 1795, it would be only 17 ing the annuity. years in the whole, from which the 14 1-2 years were
"As I was determined that nothing should be to be deducted, leaving 2 1-2 years ending the 5th of wanting on my part to settle this unpleasant, and to September next, amounting to $ 54,000, from me, unaccountable business, I proposed to the prime which diducting the cargo of the Pauh llamilton, minister, that the articles now sent by the Allegany and the tiscary before mentioned, would leave but should be received and passed to our credit, in the $ 15,826, and which I had no doubt the cargo of usual manner of settling the accounts of cargoes, the ship Allegany would fully pay if it should be where they had the power of fixing their own prices, received.
and that whatever balance might appear due, after “The minister then observed, that they counted desired it ; and that he might send a vote of such
such settlements, should be paid in cash if the Dey the year by the Mahome la calender, consisting articles as he expected for ihe next ännuity, which of 334 savs, so that the difference in seventeen I would forward to my government, with slucli obyears, would make it one half year more than we servations on the propriety or necessity of sending counted. I told him that I had always reckoned the whole of them as thie Dey should express. By the years in the Christian manner of 365 days; and this means, if the proposition should be accepted, that'l presumed the same was done by all other con- time would be given to make preparat.ons for future suls having accounts of a siinilar nature with the regency: He said it was never so done, or allow-cvents, or at any rate, our commerce in this sea ed by the regency, and immediately sent up a and putting our vessels on their guard. But the
might have been secured by giving timely notice, note to the dey; of the sum due by liis account, Dey refused to listen to it, and repeated his first viz. $ 27,000.
orders. “After a short time the Dey sent down word by “On leaving the palace, 1 reflected upon the very his drogerman, that the balance must be paid imme- critical and alarming situation of our affairs with diately in cash, and that the vessel with myself, &c. the regency, which was not only brought on in the must lepart tomorrow as he had ordered ; i an. most unexpected manner, but without any reasona. swered that it was impossibie for me to comply with ble or justifiable cause of complaint on the part of the Dey's order, even if I acknowledged the balance the Dey. It appeared to me that he was determined to be just, and had every disposition to pay it, as I to take a measure which I had more than once the had not the means of obtaining the money, especial- honor of intimating to the honorable the secretary ly as the cargo of the ship now in port was sent by of state, particularly in my letter of the 29ıb Vay my government for the express purpose of paying last, viz: that after having concluded a truce with what might be due to the regency, and was the Portugal, and seeing Sicily under protection of the strongest possible evidence of our punctuality in ful. British, he must make war upon some other nation, filling our engagements.
with or without cause, in order to employ his cruiz. "The prime minister then went up to the Dey, ers; and that the extended and unprotected conwith the drogerman, and soon returned, saying that merce of the United States, offered greater prosthe Dey persisted in his first order, that the money pects of adrantage from phunder and captures than should be paid immediutely; or that I should be sent he could expect from any other nation. The ultito the marine in chains, the vessel and cargo confis- mate consequence of such conduct he would never cated, and all the citizens of the United States now calculate ; neither would be be restrained by any in Algiers be detained in slavery, and war instantly sense of shanc, or of the thingrant injustice of the declared against the U. Siates,
"In this state of embarrassment, and with these, ly reasonable and such as should be satisfactory; reflections, I was still determined to try all possible but at the same time remarked on the inflexible ob. means to accommodate the present difficulties, be- stinacy of the Dey, when he had once taken his refore the ultimate period fixed by the Dey should ar- solution. rive, but if that could not be effected, I should pre "At one o'clock my drogerman brought me a mes. pare, if possible, to pay the balance demanded in sage from the Dey, which he said was his last, and money, to prevent the loss of the ship and cargo, and irrevocably fixed, viz: that I should to-morrow detention of all Americans in Algiers, and the imme- morning pay into the treasury 27,000 Spanish dollars, diate capture of others.
which he clained as the balance of annuities fion "In order to raise the money I proposed to sell the the United States, and then depart from the regency cargo of the ship, as the Dey would not receive it, with my family, and all other citizens of the United and pay him the proceeds in cash towards the ba- States in Algiers, in the ship which had brought the lance, but he absolutely forbade tire sale of any article stores, in fulfilment of treaty stipulations, and which on board her. Thus situated I had no other means he had refused to receive; or that the ship and carleft but to endeavor to obtain the money on my bills, go, with all other Americans now in Algiers, should and while I was using every means in my pow. be detained, the former confiscated the latter kept er, and through every channel that could be de-in slavery, and that war should be instantly declared vised, to have matters accommodated before they against the United States. came to the last extremity, I was not inattentive to "This message determined the business and closthe necessity I might be under of procuring the mo- ed every door of hope for an accommodation. It was ney in the last moment.
confirmed by the minister of marine, who said that "As the discussions on our business had taken place the subject liaving been introduced by the Dey in either at the marine or in the palace, in the presence teir presence, he and the other ministers had urgof all those usually attending there, it was no secret ; ed every thing they dared, to induce the Dey to alter and I had the satisfaction of hearing a general senti- his determination, and to accept my proposition, but ment of disapprobation expressed on account of the in vain. He was infiexible, and the alternative must Dey's conduct more strongly than I could have sup- be taken immediately. posed it would have been done, when it was known "I had now my ultimate choice to make between in what awe and dread every one held the present the payment of the money, if it could be obtaineil, dey, whose sererity is almost without example. and the certain loss of the vessel and cargo, worth
“The only quarter from which money could be ob- much more than the sum claimed by the Dey, and tained at any raté, was the house of Bacri, and upon the immediate slavery of more than 20 American ciapplication to him to know if I could depend upon tizens (including myself and family) not in Algiers, him in the last extremity, he raised many difficulties with the highest probability of many American ves. on account of the limited time, of the many very sels and their crews being captured before it would heavy payments which they had been obliged to be possible to give notice of what had happened, to make lately for the cargoes of the Greek prizes pur- enable them to consult their safety by remaining in chased by then, which had entirely absorbed their port, as the port of Algiers had been shut since the cash, &c. He also made some objection as to the sailing of their cruizers on the 13th instant, and of security of such bills, on account of my being oblig- course no opportunity had offered to communicate ed to leave the regency: to that I answered, that I an account of these transactions to any of our colle should not desire any one to become my security, suls in the Mediterranean. as the same objection would naturally occur to them,
“I therefore made my election to pay the money, and that if I should give bills, I must candidly say if it could be obtained, especially as the departure that if the vessel should not afterwards be permit- of the Allegany would afford an opportunity of giv. ted to depart with her cargo (as I had some appre-ing the most speedy information to every part of this hensions from the shamefil conduci of the dey,might sea, and guard American vessels against falling into be the case, in violation of his worl) the bills would te hancis of the Algerine cruizers now out; as I can not be paid, as the proceeds of the cargo, at the place now have but little doubt of the Dey's liaving given to which she might go, must be depended upon to-forders to his cruizers, on their sailing, to detain and wards discharging such bills. He said he would con- send in such American vessels as they may find. For sider the subject and give me an answer on Friday it must clearly be seen tirat he has no reasonable or as to the practicability of getting the money if it justifiable ground for his present demand and conmust be had, and the terms which would be expect-duct, and I am in a great measure confirmed in my ed for it.
apprehensions entertained and expressed in my last "On Friday the 25th July, I made the last effort letters to the honorable he secretary of state, that to effect an accommodation, and Aattered myself after the truce with Petugal and the protection of with some little prospect of success, as the minister the Sicili:ns by the English he would make war upof the marine and some others of the principal offi- on some nation to employ his cruizers; and that cers of the regency, had expressed their regret at none offered a better prospect than the vessels of the what had happened, and had promised to do every United States. thing in their power to induce the Dey to alter his "The present posture of affairs between the U. determination, if the Dey should introduce the sub. States and Great Britain, just on the point of open jeet before them on this day, when they all met him bostilities, wouk siford another guard and security at the palace to go with him to the mosque, being against our sending a force into this sea to protect the Mahometan sabbath ; but they candidly acknow- our commerce now here, or revenge the insult and ledged that if he did not bring the matter forward, injury inflicted upon us ; - especially too, as vinder no one would care to introduce it, is they knew the present circumstances, he must suppose that it obstinacy of his temper, and dreaded the effects of would be gratifying to the Britisli, with whom, his resentinent.
there is every reason to believe, he has a treaty of "I had communicated to the minister of the ma- fensive and defensive. rine the proposition wirich I made in ibe palace on “I seni for Mr. Bacri and is formed him of my deWednesday, for the Dey to take this cargo on ac- termination to pay the money and dapart from Alcount, ani to pay the balance, if any, in cash, &c. giers, and should depend upon him for it. But wlich he did not hesitáte to declare lie thought high- that it, after paring the money, the vessel and ANIC