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 palliate its effects. 6 "On the 8th of May, 1792, President Washington asked the Senate whether in case a treaty should be concluded with Algiers for the ransom of the thirteen Americans for a sum not exceeding $40,000, 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, 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 $800,000 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.'. More precise instructions followed on the 25th of August, 1794. 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 Colonel Humphreys of the wishes of the Government and the country on this subject: You are by this time,' he said, ' apprised 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 negotiators by Monroe and Humphreys in Europe. Donaldson arrived in Algiers on the 3d of September, and concluded the treaty on the 5th, on which day Barlow arrived, and they joined in their report to Humphreys. "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 appropriations for these objects was discussed with closed doors, and was passed February 22, 1797, by 63 ayes and 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.' "In 1808, an inquiry being made by Congress respecting the payments to Algiers, the Secretary of State reported that they were 'of two kinds: (1) That stipulated by treaty, viz: twelve thousand sequins, equal to twenty-one thousand six hundred dollars, made annually in naval stores. (2) 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 officers 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.' "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. 6 "The papers relating to the only remaining treaty with Algiers (that of 1816) will be found in 5 F. R. F. 133 et seq. "[Algiers through conquest became in 1830 a colonial province of France.] "On the 4th of November, 1796, Barlow concluded a treaty with the Bashaw of Tripoli. The price of the peace Tripoli. 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.' The same month he wrote to the President, Our sincere friend, we could wish that these your expressions were followed 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 can not but be prejudicial to your interests.' "The answer made was a naval squadron and a war against Tripoli on land and 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. "The treaty with Tunis was negotiated under the directions of Barlow in 1797. It cost one hundred and seven Tanis. 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. "In the interesting report of Jefferson to the House of Representatives concerning the Mediterranean trade, which has been already referred to, three modes of dealing with the Barbary pirates are indicated: (1) To insure 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 reestablishing 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. This was before the war with Tripoli. "The statutes under which payments were made are the following: 1791, ch. 16, 1 Stat. L. 214; 1792, ch. 24, id. 256; 1796, ch. 19, id. 460; 1797, ch. 12, id. 505; 1797, ch. 12, id. 553; 1798, ch. 18, id. 544; 1799, ch. 28, id. 723; 1800, ch. 47, 2 Stat. L. 66; 1803, ch. 19, id. 215; 1804, ch. 21, id. 269; 1805, ch. 21, id. 321; 1806, ch. 33, id. 388; 1807, ch. 29, id. 436; and from this time forward there was an annual appropriation until the tribute was terminated." Davis, Notes, Treaty Vol. (1776-1887 1242. For an account of negotiations with the Barbary Powers, see 3 Life of For the details of the negotiations with Algiers in 1795-'96, see Todd's By the act of Congress of 1791 the President was authorized to take As to treaty relations with Algiers and the redemption of captives, see 2. ALGIERS. § 784. "These citations appear to show (1) that separate tariffs have been established for France and Algeria; (2) that France is regarded as the mother country and Algeria is a French colony for customs purposes, and (3) that duties are imposed on importations from Algeria into France, and from France into Algeria." Mr. Hay, Sec. of State, to Mr. Thiébaut, French chargé, No. 274, January 27, 1900, MS. Notes to French Leg. XI. 7, 14. 3. MOROCco. § 785. April 7, 1888, an agreement was entered into between Mr. Lewis, United States consul at Tangier, and the Moorish authorities, for the arbitration of claims against the government of Morocco, growing out of the neglect or refusal of that government to observe and enforce treaty rights of American citizens and protégés. The Sultan having refused to approve the agreement, Mr. Strobel, secretary of the United States legation at Madrid, was directed, April 28, 1888, to proceed to Tangier to assist in the negotiations. He arrived at Tangier on the 2d of May, and on the 8th of the same month, with the assistance of Commander Folger, of the U. S. S. Quinnebang, a new arrangement was completed satisfactory to all parties. By this agreement a tribunal was to be constituted, to be composed of Mr. Lewis and of two persons designated by the Sultan, who were, however, to have but one vote. The agreement contained an enumeration of four matters which were to be disposed of, but stipulated that other claims of American citizens in regard to debts, commercial intercourse, and robberies, might be presented. The tribunal was to endeavor to make its report by June 1, 1888, and its decisions were to be binding. In the event of a disagreement, one of the foreign representatives at Tangier was to be named as umpire. The tribunal met and agreed upon an award, which was signed by Mr. Lewis and the two representatives of the Sultan. This award embraced the matters specifically enumerated in the agreement, and stipulated that the other claims should be left to the examination and decision of certain other persons. Complaint was afterwards made of the nonobservance by the Moorish Government of the provisions of the award in respect of two of the four enumerated matters. Mr. Bayard, Sec. of State, to Mr. Lewis, consul at Tangier, March 1, 1889, 129 MS. Inst. Consuls, 112. "The Department is well aware of the importance attached in the Turkish dominions to formal observances. It is apprehended, however, that in accrediting you, as had been done with your predecessors, to the head of the government at Tripoli, thereby apparently disregarding those changes in the relations between that country and the Porte, which in previous dispatches you have so clearly and fully explained, the force of the precedent had more |