By the 16th of July, 1786, a Treaty with Morocco was nearly agreed upon. After its conclusion Count de Vergennes wrote to the French Minister in the United States: "You can assure the Congress that the King will seize with eagerness all occasions to facilitate their good intelligence with the Barbary Powers. * The Treaty which has been recently signed with this last Power (Morocco) will be the best refutation of the suspicions which many public papers are willing to inspire against our system of policy."

*

On the death of the Emperor who concluded the Treaty, twenty thou sand dollars was appropriated by Congress "to the purpose of effecting a recognition of the Treaty * with the new Emperor ;" and instructions were sent to secure the recognition for the twenty thousand dollars if possible; if not, for twenty-five thousand.*

*

The Treaty was renewed, or rather recognized, by the new Emperor, who wrote to President Washington, "We have received the present at his [the Consul's] hands with satisfaction. Continue writing letters to us; * * we are at peace, tranquillity, and friendship with you, in the same manner as you were with our father, who is in glory.”

In 1803 a Moorish pirate captured an American vessel, which was released by force by an American frigate; and when hostile demonstrations were threatened for this breach of the Treaty, the Emperor issued an order that "the American nation are still, as they were, in peace and friendship with our person, exalted of God."6

The Treaty concluded in 1787 to endure for fifty years, was, in its forty-ninth year, renewed for another fifty years, and for such further time as it should remain unaffected by notice."

In 1865 a convention was concluded for maintaining a light-house at Cape Spartel. The correspondence respecting it will be found in the Senate documents.

Algiers.

About the commencement of the year 1791, Mr. Jefferson, the Secretary of State, reported to President Washington that there were held captive as slaves in Algiers two American Masters, for whose ransom 3,000 sequins each were demanded; two mates, for whom 2,000 sequins each were asked; and ten sailors, held at 750 sequins each; and he reported to Congress that the navigation into the Mediterranean had not been resumed at all since the peace; and that the sole obstacle had been the unprovoked war with Algiers, and the sole remedy must be to bring that war to an end, or to paliate its effects."10

Ib., 814. 2 Ib., 212. 31 F. R. F., 238.

Randolph to Humphreys, March 23, 1795. Ib., 525. 51 F. R. F., 527. 62 F. R. F., 591-2. 7 H. E. Doc., 145, 2d Sess. 24th Cong. & Confidential Executive Document X, 1st Session 39th Congress. 91 F. R. F., 119. 10 Ib., 104.

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.4 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." 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,

8

9

1 Ib., 136. 2 Ib., 290. 3 Ib. 4 Ib., 292. 5 Ib., 294. 6 Ib., 523. 7 Ib., 529. Ib. 9 Randolph to Humphreys, Nov 21, 1791, MS. Dept. of State. 10 Randolph to Humphreys, Nov. 8, 1794, MS. Dept. of State. 1 F. R. F., 529. 12 Ib., 553.

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

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 inevi table 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." 8

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 contingent presents, as well on the promotion of the principal officers of the Dey and regency, as for the attainment of any important object. Of these no estimate can be made." 9

10

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..

Ib., 2235.
23 F. R. F., 3.1.
15 Decatur and

1 Ib., 554. Annals 2d sess. 4th Cong., 1593. 3 Ib., 1703, 1763-7. 1895, 2235. 6 Ib., 2246. 7 Ib., 2239. 1 F. R. F., 555. 82 F. R. F., 381. 10 Ib., 748-9. "Annals 1st sess. 14th Congress, 1767. Ib., 1762-3. Shaler to Monroe, Ib., 1475. See also Ib., 1762, et seq., and 4 F. R. F., 6.

12

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 had 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 independent 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 1799.8 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.

10

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 * Ib. Ib., 352. Ib., 717-718. 62 F. R. F., 123–5. 4 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; 1803, 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 resolution of March 2d, 1870, confirmed an exchange made at a later day.

12 F. R. F., 369. 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.