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) requir under the consular seal of Mr. Allen. This is the ed further proof on this head, and the order for fur 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 had published his instructions in the Ga- rican Ed. zette at Halifax, it surely could be no offence By the proof that has been produced relative to against the duties of a good citizen bound on a the licence in this case, it appears to have been purlawful voyage, to take 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 Virginia, at the rate of one dollar per bbl. ty on such lawful voyage, 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 paid in cash, 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 testifihis 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 involv less liable to exception or doubt from the enemy's ed in the transaction, or that the terms on which cruisers. In this view it was rendered more valua- the license was obtained, render it a vitious transac ble to the holders, and the procedure is entitled to tion, operating the forfeiture of the property intendcandid consideration; at any rate I cannot consider ed 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 receiving, 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 reyer; 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- not prohibited. If not procured on terms involving

Vate.

the transaction relative to this licence, will subject the property claimed to condemnation. There may be considerations relative to the practice, of dubious aspect, which it belongs to the government to estimate, and to make such provisions as the public interest shall appear to require.

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 instru argument. It is said that they fully express purposes ment of protection. I am 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 iso an instrument of monopoly, or the pracsubserviency 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 mancountry, 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 have been understood, that Great Britain would feel an interest in its prosecution. This could not but have been perceived and considered, when the act of the 6th July last, relative to trading with the enemies of the United States, was passed. The subsequent 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 decided 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 England; 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 admitted, the bills of in view, and so far as any public considerations enter the English government. Others direct a remittance 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 this casey though not in themselves absolutely vitious, they as to remittance of proceeds, would, if executed, be

of like legal operation. To produce a conclusion, Bynkershock, vetatur quoquo modo hostium utilitati of such serious consequence to the owners of the consulere. We are not to consult the benefit of the property, I 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 without implicating the claimants in the culpability character imply such a motive. But such is the conof 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 have 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 has not considered them embracof actual use for the purposes of life, i. e. to goods ed within its maxims of prohibition. If, for instance, and merchandize bound to or from the enemy's the proceeds of the numerous shipments to Spain country. Of 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 encouragement given to its manufactures, ed 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 enemy, it certainly may be committed by going fide 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 ry, 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 satisfisubstantial difference exists, in regard to aid to an ed, that evidence of the debt, thus purchased of a enemy, 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 aid, 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 time 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 insurcase were specially intended as a deposit, until ance 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

It 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 sunication 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 proa subject of Portugal, his debt or demand on Eng-tect the trade of the enemy. If, therefore, it were land, or in other words, his bill of exchange on Eng- now lawful in England to insure enemy's property, it land. 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 enemy 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 intendency to sustain the credit and give additional direct with that country, The same reason would value to the enemy's paper. So far as such direc-apply to the mere transmission of the evidence of a 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 cogference, without more direct evidence. Govern-nizance of government. A correspondence, intrinment bills, as they are termed, it is affirmed, and Isically innocent, may be culpable from a non-conpresume the fact is so, are in the market, bought formity with regulations, calculated to assure the and sold like other articles. A bona-fide purchase of government, that nothing injurious is to be appreau 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 purchase 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 gocure such government bills from the British holder. vernment has a public agent in Lisbon, and the I cannot be denied that investments in government charge in this case rests on intention, Iought not to his would have a tendency to enhance the value of conclude, that any correspondence, which the proanse Wills in the market. This indirect effect, how-posed remittance of bills to be purchased might reof the operation, would not, as appears to me, [quire, would not be submitted to his inspection. it criminal. By the law of war, we are not In speaking of the doctrine of insurance on eneto cacfit an enemy; on the contrary, according to mics' 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. The on shore, by order of the minister 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 quantity, 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, agreethese indulgences granted by its officers; and forably to his orders. I accordingly sent the note takthe reasons which induced France not to discounte-jen from the invoice, but without affixing the prices. nance 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, if 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-jon 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 procefable. 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.

Affairs of Algiers.

Message from the President of the United States transmitting copies of a letter from the Consul-general of the Untied States to Algiers, stating the circumstances preceding and attending his departure from that Regency.

"I reasoned with him on the subject, stating that it had never been usual to send the whole of such large orders at one time; that we had been very Punctual in our payments, and that the cargo of this vessel would probably pay all that we owed; that with a part of each article, and that I had never be had always come in this manner, assorted cargoes fore found any difficulty; that powder and cables were articles of which we did not make enough for our own use in the United States, and that it was alI transmit to congress copies of a letter from the other countries, as was well known to himself and all 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 nathe circumstances preceeding and attending his de- tions, it was possible that the United States might parture from that regency. JAMES MADISON. be forced into a war, and that it behoved our governNovember 17, 1812. ment, not to be destitute of so essential an article of

To the Senate and House of Representatives of the

United States:

Extract of a letter from Mr. Lear, consul general at defence as gunpowder; but that on a future occasion

Algiers to the secretary of state.

"ON BOARD THE AMERICAN SHIP ALLEGANY,
At sea, July 29th, 1812.

we might be able to send more; with many other remarks, which he allowed to be reasonable, but said that the Dey was determined; and that when he had once fixed a resolution he never departed from it-And added, that the Dey insisted upon having every thing brought which he ordered, without regarding whether it amounted to more than the sum stipulated in the treaty or not; and that I must depart on Thursday the 23d inst. on board the Allegany with all the Americans now in Algiers.

"I wished to see the Dey, and for that purpose desired an audience, which was denied me.

"On the 17th inst. I had the honor to receive your respected favors of the 6th of February and 29th of April, 1812, by captain Ebenezer Eveleth, of the ship Allegany, which arrived at Algiers on that day, with the four new Mediterranean passports, 200 tops and the several packages containing messages, reports, newspapers, &c. together with the letter of Richard Forrest, esq. covering the invoice and bill of lading 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 a 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 even in the extraordinary events of Algiers, in order hour more.

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 drogerman they began to discharge the cargo, there was no ap-to the palace to say that I wished to make a settlepearance of any other sentiment. On that day a largement of the cargo of the brig Paul Hamilton, which quantity of spars and plank were taken on board a lhad been delayed, by a request from the palace until

the Allegany should arrive, when a settlement could be made for both vessels at the same time.

"I told the minister that the matter was now 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 outsettlement of our accounts. This I did, and while rageous conduct.

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 him; but was rethe usual manner, the dey's drogerman came fused, 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: ty which I had brought. I gave it to him with- that he would allow me till Saturday morning the out hesitation, supposing that the dey might wish 26th inst. to pay the money and depart with the vesto 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 palace. But when was not done, he should confiscate the vessels, deI demanded the treaty again, the dey refused to tain in slavery all the Americans in Algiers, and dedeliver 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 coffee 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 Hamilton, which amounted to $ 12,109, and barrels, &c. for the emperor of Morocco; but whence producing a tiscary or acknowledgment 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 syllable 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 the the minister and secretaries said there was still plank and spars were taken out of the vessel on Mon$27,000 due to the present time. This I denied, day) and that he was, if possible, more highly inas I had the receipts, of the regency for the pay-censed at this, than on any other account; saying ment of annuities for 14 1-2 years, exclusive of the that he considered it an insult offered, by having amount of the cargo of the Paul Hamilton 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 deducting the cargo of the Paul Hamilton, and the tiscary before mentioned, would leave but $ 15,826, and which I had no doubt the cargo of the ship Allegany would fully pay if it should be

received.

minister, that the articles now sent by the Allegany should be received and passed to our credit, in the usual manner of settling the accounts of cargoes, where they had the power of fixing their own prices, and that whatever balance might appear due, after "The minister then observed, that they counted desired it; and that he might send a note of such such settlements, should be paid in cash if the Dey the year by the Mahometan calender, consisting articles as he expected for the next annuity, which of 354 days, so that the difference in seventeen I would forward to my government, with such 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 the Dey should express. By the years in the Christian manner of 365 days; and this means, if the proposition should be accepted, that I presumed the same was done by all other con- time would be given to make preparations for future suls having accounts of a similar nature with the regency. He said it was never so done, or allow-events, or at any rate, our commerce in. this sea might have been secured by giving timely notice, ed by the regency, and immediately sent up a and putting our vessels on their guard. But the note to the dey, of the sum due by his 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, I 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 depart to-morrow as he had ordered; I an- most unexpected manner, but without any reasonaswered that it was impossible 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 29th May 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 com with the drogerman, and soon returned, saying that merce of the United States, offered greater pros the Dey persisted in his first order, that the money pects of advantage from plunder and captures than should be paid immediately; 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 he be restrained by any in Algiers be detained in slavery, and war instantly sense of shame, or of the flagrant injustice of the declared against the U. States,

fact.

"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 obmeans 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 mespare, 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 claimed as the balance of annuities from

"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 the 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 having been introduced by the Dey in either at the marine or in the palace, in the presence their presence, he and the other ministers had urg of 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 inflexible, 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 obtained, dey, whose severity 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 rate, 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 veson 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-jenable them to consult their safety by remaining in chased by them, 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 conshould not desire any one to become my security, suls in the Mediterranean.

ed for it.

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 shameful conduct of the dey,might sea, and guard American vessels against falling into be the case, in violation of his word) the bills would the hands 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 having given to which she might go, must be depended upon to-orders 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 that 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 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 flattered myself after the truce with Ptugal and the protection of with some little prospect of success, as the minister the Sicilians 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 ject before them on this day, when they all met him hostilities, would afford 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 under no one would dare to introduce it, as they knew the present circumstances, he must suppose that it obstinacy of his temper, and dreaded the effects of would be gratifying to the British, with whom, his resentment. 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 which I made in the palace on "I sent 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, and to pay the balance, if any, in cash, &c.giers, and should depend upon him for it. But which he did not hesitate to declare he thought high-that if, after paying the money, the vessel and Ame