.

On the 8th of May, 1792, President Washington asked the Senate whether in case a Treaty should be concluded with Algiers for the ran som of the thirteen Americans for a sum not exceeding forty thousand dollars, the Senate would consent; and whether they would consent to a Treaty of Peace stipulating for the payment of $25,000, on the signature of the Treaty, and a like sum annually? The Senate answered each question in the affirmative, and the President appointed Admiral John Paul Jones a Commissioner to negotiate a Treaty,3 with Thomas. Barclay as a substitute, in case Jones should not act.+ Jones died before the appointment could reach him, and Barclay died soon after, without going to Morocco. Col. David Humphreys, then the Minister of the United States at Lisbon, was thereupon appointed a Plenipotentiary in their place. Eight hundred thousand dollars were placed at his disposal, and he was instructed that "the President has under consideration the mode in which the eight hundred thousand dollars may be expended in the purchase of a peace; that is, how much shall be applied to the ransom, and how much to the peace." 6 More precise instructions followed on the 25th of August, 1794.7 A Swede named Skjoldebrand, brother of the Swedish Consul at Algiers, interested himself in the unfortunate captives, and informed Humphreys (who remained at Lisbon) that a peace could be obtained for the United States for about the following sums, (in dollars,) viz: "For the Treasury, in money or timber of construction, fifty thousand; For the great officers and relations of the Dey, one hundred thousand; Consular present, thirty thousand; Redemption of slaves, from two hundred to two hundred and fifty thousand; in all between six and seven hundred thousand; together with an annual tribute of from twenty-five to thirty thousand; and a Consular present every two years of about nine or ten thousand dollars." Humphreys sent this communication home, and received instructions "that Skjoldebrand's terms are to be acceded to, if better cannot be obtained."9 Only a few days before this instruction was written, the Secretary of State had informed Col. Humphreys of the wishes of the Government and the country on this subject: "You are by this time," he said, "apprized of the expectation of the President, that you will continue your labors on this head, and of your title to draw for eight hundred thousand dollars, to soothe the Dey into a peace and ransom. The humanity of our countrymen has been long excited in behalf of our suffering fellow-citizens." In March, 1795, Donaldson, the Consul to Tunis and Tripoli, was associated with Humphreys, and the latter was also authorized to employ Skjoldebrand in negotiating the Treaty with the Dey." Joel Barlow was added to the negoti ators by Monroe and Humphreys in Europe.12 Donaldson arrived in Algiers on the 3d of September, and concluded the Treaty on the 5th,

1 Ib., 136. 2 Ib., 290. 3 Ib. 4 Ib., 292. 5 Ib., 294. 6 Ib., 528. 7 Ib., 529. 8 Ib. 9 Randolph to Humphreys, Nov 21, 1794, MS. Dept. of State. 10 Randolph to Humphreys, Nov. 8, 1794, MS. Dept. of State. 1 F. R. F., 523. 12 Ib., 553.

on which day Barlow arrived, and they joined in their report to Humphreys.1

3

Congress was informed by President Washington, in his speech at the opening of the second session of the Fourth Congress, of the probability that the Treaty would be concluded, "but under great, though inevitable disadvantages in the pecuniary transactions occasioned by that war." A few days later the House called for information as to the measures taken to carry the Treaty into effect, which was communicated confidentially on the 9th January, 1797. The Bill making appro priations for these objects was discussed with closed doors, and was passed February 22, 1797, by 63 ayes to 19 nays. The Secretary of the Treasury estimated the whole expense of fulfilling the Treaty at $992,463.25. In March, 1802, President Jefferson was able to advise Congress that "the sums due to the Government of Algiers are now fully paid up." a

In 1808, an enquiry being made by Congress respecting the payments to Algiers, the Secretary of State reported that they were" of two kinds : 1st. That stipulated by Treaty, viz: Twelve thousand sequins, equal to twenty-one thousand six hundred dollars, made annually in naval stores. 2d. Those made in conformity with what is called usage at Algiers, by which it is understood we are bound. These are-1. The present on the presentation of a Consul, $20,000. 2. The biennial presents to the of ficers of the government, estimated at $17,000. 3. Incidental and coutingent presents, as well on the promotion of the principal officers of the Dey and regency, as for the attainment of any important object. these no estimate can be made." 9

10

Of

The course pursued by Algiers during the last war with Great Britain induced President Madison, in February, 1815, to recommend Congress to declare war against the Dey. The Committee to whom the message was referred reported that war existed and was being waged by the Dey against the United States. A naval force was despatched to Algiers, and an Algerine frigate" and brig were captured en route to that place. The squadron arrived off Algiers on the 28th of June, and on the 29th opened communications with the Government. The next day the Dey proposed a Treaty. The American negotiators replied by forwarding a draft for a Treaty, and by declaring that "the United States would never stipulate for paying tribute under any form whatever." The Dey and his officers asked for time, but it was refused. "They even pleaded for three hours. The reply was, "not a minute," and the Treaty was signed and the prisoners released.13

The papers relating to the only remaining Treaty with Algiers (that of 1816) will be found in 5 F. R. F., 133, et seq.

Ib., 2235. Ib..

93 F. R. F., 33. Decatur and

1 Ib., 554. 2 Annals 2d sess. 4th Cong., 1593. 3 3 Ib., 1703, 1763-7. 1895, 2235. Ib., 2216. 6 7 Ib., 2239. 1 F. R. F., 555. 82 F. R. F., 381. 10 Ib., 748-9. 11 Annals 1st sess. 14th Congress, 1767. 12 Ib., 1762-3. Shaler to Monroe, Ib., 1475. See also Ib., 1762, et seq., and 4 F. R. F., 6.

Tripoli.

On the 4th of November, 1796, Barlow concluded a Treaty with the Bashaw of Tripoli. "The price of the peace was advanced" to the United States by the Dey of Algiers. But the Bashaw did not long rest contented. In April, 1800, he told Cathcart, the American Consul, to say to the President that he was "pleased with the proffers of friendship," but "that bad his protestations been accompanied with a frigate or brig of war, he would be still more inclined to believe them genuine." On the 12th of May he said to him, "Why do not the United States send me a voluntary present?

I am an independ

ent Prince as well as the Bashaw of Tunis, and I can hurt the commerce of any nation as much as the Tunisians." 3 The same month he wrote to the President, "Our sincere friend, we could wish that these your expressions were follo wed by deeds, and not by empty words. * If only flattering words are meant, without performance, every one will act as he finds convenient. We beg a speedy answer, without neglect of time, as a delay on your part cannot but be prejudicial to your interests.”4 The answer made was a naval squadron and a war against Tripoli on land and at sea, which was terminated on the 4th of June, 1805, by a Treaty signed on board of an American man of war in the harbor of Tripoli. Nothing was paid for the peace. Prisoners were exchanged man for man, and $60,000 were paid by the United States for the release of the number of American prisoners in the hands of the Tripolines over and above the number of Tripolines in the hands of the Americans. They were about two hundred.

Tunis.

The Treaty with Tunis was negotiated under the directions of Barlow in 1797. It cost one hundred and seven thousand dollars, viz: $35,000, Regalia; $50,000, Peace; $12,000, Peace presents; $4,000, Consul's presents; and $6,000, Secret service. The Senate advised its ratification, on condition that the 14th Article should be modified. This modification appears to have been assented to in 1799. See 2 F. R. F. 799, and 3 F. R. F. 394, for correspondence, &c., respecting other questions arising between the two Powers.

In 1824 the modified Articles were agreed to in the form in which they now stand.9

General remarks.

In the interesting report of Jefferson to the House of Representatives concerning the Mediterranean Trade, which has been already referred to,10 three modes of dealing with the Barbary pirates are indicated: 1. To

1 President Adams's Message to Congress, June 23, 1797, 2 F. R. F., 65. For the Mes sage communicating it to the Senate, see 3 Annals 5th Congress, 3094. 22 F. R. F., 350 3 Ib. 4 Ib., 352. Ib., 717-718. 62 F. R. F., 123-5. 7 Ib', 126. 8 Ib., 281. See, also, 3 Annals 15th Cong., 3287. 95 F. R. F., 430. 101 F. R. F., 104.

ensure vessels and cargoes and to agree upon a fixed rate of ransom for prisoners. 2. To purchase peace. 3. To conquer a Peace; and he concludes: "It rests with Congress to decide between war, tribute, and ransom, as the means of re-establishing our Mediterranean commerce." Under the policy adopted by Congress the "total amount of real expenditures" "exclusive of sundry expenses incurred but not yet paid were stated by the Secretary of the Treasury, on the 30th July, 1802, at $2,046,137.22.1 This was before the war with Tripoli.

The Statutes under which payments were made are the following: 1791, ch. 16, 1st Stat. at Large, 214; 1792, ch. 24, Ib., 256; 1796, ch. 19, Ib., 460; 1797, ch. 12, Ib., 505; 1797, ch. 12, Ib., 553; 1798, ch. 18, Ib., 544; 1799, ch. 28, Ib., 723; 1800, ch. 47, 2 Stat. at Large, 66; 1803, ch. 19, Ib., 215; 1804, ch. 21, Ib., 269; 1805, ch. 21, Ib., 321; 1806, ch. 33, Ib., 388; 1807, ch. 29, Ib., 436; and from this time forward there was an annual appropriation until the Tribute was terminated.

BAVARIA.

The words "real and" in parentheses on page 52 are encircled in red ink in the original. The cause of this is the following: The Treaty was submitted to the Senate, and ratified by it on the 15th March, 1845, with an amendment striking out from the third article the words "real and." The copy for exchange, with this amendment, was sent to Mr. Wheaton: and a copy was transmitted by him to the Bavarian Minister at Berlin; and after long deliberation the amendment was accepted by the Bavarian Government.2

BELGIUM.

On the 20th of August, 1857, Mr. Bosch Spencer, the Belgian Minister at Washington, wrote General Cass, the Secretary of State, thus: "Le soussigné a été chargé par le gouvernement du roi, de dénoncer officiellement le traité du dix novembre 1845, ainsi qu'il a l'honneur de la faire aujourd'hui en addressant la présente communication à l'honorable secrétaire d'état des États-Unis."3 General Cass acknowledged the receipt of this notice on the 3d of September, 1857.

The ratifications of the Consular Convention of 1868 were not exchanged within the time limited by the Treaty. The Senate by resolu tion of March 2d, 1870, confirmed an exchange made at a later day.

12 F. R. F., 369. 2 Buchanan to Wheaton, No. 68, 27th March, 1845. Wheaton to Buchanan, No. 276, 5th Nov., 1845. MS. Dept. of State. "The undersigned has been charged by the Government of the King to terminate officially the Treaty of the 10th of November, 1845, as he now has the honor to do by addressing the present communication to the honorable Secretary of State of the United States." MS. Records, Dept. of State.

BORNEO.

For the correspondence relating to the negotiation of the Treaty with Borneo, see "Message from the President of the United States in answer to a Resolution of the Senate calling for information in relation to the mission of Mr. Balestier, late United States Consul at Singapore, to Eastern Asia," February 12, 1852.1

BRAZIL.

On the 26th of March, 1840, Mr. Chaves, the Brazilian Minister at Washington, wrote thus to the Secretary of State: "Le gouvernement impérial est mis dans l'obligation de ne pas prolonger la durée du traité conclu entre l'empire et cette république le 12 décembre 1828, au-delà du terme énoncé dans l'aArticle 11 du même traité; devant par conséquent le dit traité être terminé à l'expiration de douze mois à compter de cette date, pour les articles seulement qui se rapportent au commerce et à la navigation." This notice was received on the 27th of March, 1840, and was answered by Mr. Forsyth, Secretary of State, on the 20th of June, 1840, thus: "Although each party has reserved to itself the right of terminating the Treaty at the expiration of twelve months from the date of the notification of its intention; yet the privilege of giving such notification is so restricted that neither party can give it before the expiration of the twelve years stipulated for the duration of the Treaty; that consequently the earliest date at which the notice intended to be conveyed by Mr. Chaves' note can be given, is the 12th of December of this year; and that the earliest period at which, under any circumstances, the Treaty can cease to be operative, is the 12th of December of the year 1841. The President, however, anxious at once to gratify the wishes of the Brazilian Government, and to show, by his readiness to comply with the spirit of the Treaty, the sincerity of the disposition with which, in all its clauses, it has been fulfilled by the United States, is willing to overlook the departure from the strict letter of the instrument involved in the premature notice given in Mr. Chaves' note, and to receive said notice as if given in accordance with the terms of the Treaty at the expiration of the twelve years." For the correspondence in the negotiation of the Treaty, see House Executive Document 32, 1st Session 25th Congress.

S. E. Doc. 38, 1st Sess. 32d Cong. "The Imperial Government is obliged not to prolong the duration of the Treaty concluded between the Empire and this Republic, of Dec. 12, 1828; therefore, by the terms contained in Article 11 of the said Treaty, at the expiration of twelve months from this date the said Treaty will be terminated, only for the articles relating to commerce and navigation." MS. Records, Dept. of State. 3 Ib.