United States to deviate from his instructions and to submit from imperious necessity to a humiliation incompatible with the honour and dignity of the nation he has the honour to represent.

Second. BE IT KNOWN, that in the month of October 1799, James Leander Cathcart, consul for the United States of America in this regency, having received several bales of cloth to dispose of, that said Jusef Bashaw sent the broker Leon Farfara to the consular house, requesting said consul to give him the preference in the sale of said cloth, promising to pay for the same like any other individual, and as cloths were sold of the same quality. I, knowing how he had served the late Venetian and Swedish consuls on a similar occasion, sent said Leon Farfara to inform him that the cloth was not mine, and that I expected to be paid immediately, in order to be enabled to make a remittance to my correspondent, which he the said Bashaw promised to do; I therefore confiding in his promise, which I was taught to believe was sacred to all true Mussulmen, and more especially to a prince of the august family of Caramanly, did deliver unto him sundry pieces of cloth to the value of five thousand seven hundred and eighty seven yuslicks current coin of this regency, which at that time was worth Spanish dollars, two thousand three hundred and fourteen and eighty cents, two yuslicks and one half being then equal to one dollar silver, but at present the coin of this regency having depreciated, owing to the great quantity of alloy mixed in the coinage, a dollar passes for three yuslicks which makes a difference of one fifth part or 20 per ct. that I have repeatedly demanded the above sum and have always been put off from time to time with promises until the 22nd day of September 1800, when some oil belonging to said Bashaw being selling at publick vendue I sent my drogoman to purchase a barrel for the use of my house, value about eighteen dollars, which the hasnadar refused to give unto him unless I sent the money to pay for it first. I sent the drogoman immediately to the Bashaw to know the reason, who repeated the same words, saying the oil was not his, but belonged to

the crew of the eruisers; that if I wanted oil I must first send the cash. I immediately sent for Farfara who had acted as broker in the sale of the cloth, and desired him to demand a positive answer from the Bashaw, whether he intended to pay me or not; that I was resolved to be kept no longer in suspense, and offered to take the money at the present value, which is only 1929 dollars, in full of all demands; the Bashaw sent the same answer which he had sent above fifty times before, that he would pay me, but at present it was not convenient, and desired Leon Farfara to inform me that if I had a mind I might take one of the Swedish prizes for my money, which I declined. Knowing that he, having a quantity of prizes and other goods onhand for exportation, that he would probably force me to take a cargo of said goods to Leghorn or elsewhere, thereby exposing the United States to become responsible for said goods or their value, should any accident happento said vessel, in the same manner as the claim originated upon Sweden, which was the first and principal cause of the present war, I therefore have deemed it more expedient to entirely lose the aforementioned sum than to run a risk which might involve my country in a war.

And as it appears from the above detail that the said Bashaw never intends to pay me the above sum in cash according to agreement, notwithstanding I have his receipt or promissory note under the great seal of this regency, and I having waited above one year for the payment of the said sum without effect, I therefore debit the United States the said sum in my account current, leaving the government of the said United States to make the said claim a national claim; no individual being bound to be responsible for the arbitrary acts of the chiefs of the Barbary States; at the same time making myself responsible to the United States for said sum or any part thereof which may be recovered from said Jusef Bashaw hereafter.

Third. BE IT KNOWN, That in the months of May, September, and October, 1800, the said Jusef Bashaw supreme commandant of the said regency of Tripoli, having made certain demands upon the United States in direct violation

of the 10th article of the treaty existing between the United States of America and the regency of Tripoli, which the consul of the United States resident here found incompatible with the honour and interest of the nation he represents to comply with, that said Jusef Bashaw, in direct violation of the 12th article of the said existing treaty, did publickly declare that he would only wait until he receives answers from the President of the United States of America, which, if not satisfactory, that he would then declare war against said United States, as is more fully explained in my despatches to government, copies of which were forwarded to our consuls at Algiers and Tunis. And whereas it is particularly specified in the 10th article of said treaty, that the money and presents demanded by the Bey or Bashaw of Tripoli is a full and satisfactory consideration on his part, and on the part of his subjects for said treaty of perpetual peace and friendship, and that no pretence of any periodical tribute or farther payment is ever to be made by either party, and said Bashaw of Tripoli having acknowledged the receipt of the money and presents stipulated by said treaty, I find myself justifiable both to God and my country in having refused to comply with the said Bashaw's unjust demands upon said United States of America.

AND WHEREAS, it is stipulated in the 12th article of the aforesaid treaty, that in case any dispute arises from a violation of any of the articles of said treaty, no appeal shall be made to arms, nor shall war be declared on any pretence whatever; but if the consul residing at the place where the dispute shall happen, shall not be able to settle the same, an amicable reference shall be made to the mutual friend of both parties, the Dey of Algiers; the parties thereby engaging to abide by his decision; and he by virtue of his signature to the said treaty, having engaged for himself and his successors to declare the justice of the case according to the true interpretation of the said treaty, and use all the means in his power to enforce the observance of the same:

NOW KNOW ALL MEN by these presents, that I James

Leander Cathcart, consul for the United States of America, in said regency of Tripoli, do protest and declare, that the demands, made by the Bashaw of Tripoli upon the United States of America, are of such a nature, that I cannot settle the dispute arising therefrom; and that I conceive that I should not only be deviating from my official duty, but likewise acting as an accomplice and in conjunction with the said Bashaw of Tripoli, to treat our good friends the Dey and Divan of Algiers with indignity and disrespect, was I to refrain from making the aforesaid amicable reference. I therefore in virtue of these presents, do make the aforesaid amicable reference, transmitting the whole to the consul general of the United States of America at Algiers, who is possessed of every information relative to the state of our affairs in this regency, having received duplicates of my despatches for the government of the United States; at the same time leaving it at the discretion of the consul general of the United States at Algiers for the time being, to take such measures as he in his judgment may think most likely to promote the interests of the United States, and to maintain the peace of our country with this regency upon honourable and equitable terms.

Fourth. BE IT KNOWN, That on the 25th of September, 1800, Raiz Amor Shelli, commander of a Tripoline cruiser of 18 guns, captured the American brig Catharine, James Carpenter master, of and from New-York and bound to Leghorn, valued at 50,000 dollars or thereabouts; that said vessel was kept in possession of the subjects of Tripoli, until the 15th of October in the evening, and was then delivered up to the consul of the United States, in consequence of the Bashaw of Tripoli having wrote a let ter to the President of the United States, the purport of which, being already known, needs no repetition; and that said vessel was exposed to much loss and peril, as appears by the master of said brig his protest, already forwarded to our consul general at Algiers; and that said brig was plundered of effects, valued by said master, James Carpenter, at 397 hard dollars, whereof was recovered to the value of 180 dollars, the value of 217 dollars being irre

éoverably lost; notwithstanding the Bashaw had given positive orders to Hamet Raiz, or minister of marine, to cause every article that could be found to be restored to their lawful owner; yet said Raiz of the marine did not comply with the Bashaw's orders; (and he being the Bashaw's brother-in-law, it was out of my power to compel him) but on the contrary prevaricated from day to day, from the 16th to the 21st of October with an intent no doubt to share the spoils with the aforesaid Raiz Amor Shelli, and on the night of the 21st inst. sent Ibram Farfara to inform me, that if the brig did not sail by daylight in the morning, that the port would be embargoed, and gave me to understand that if I did not promise to pay him anchorage for said brig, that she would be detained until the embargo should be taken off. This demand I absolutely refused to comply with. On the 22nd at daylight I ordered the brig to get under way, and could not get the pilot to go on board until said Ibram Farfara paid the Raiz of marine five dollars and seventy-five cents anchorage, which notwithstanding it being an unjust demand I complied with, sooner than have the brig detained one day longer.

I therefore for foresaid reasons, and for each of the aforementioned arbitrary acts, do protest against the aforesaid Jusef Bashaw, supreme commandant of the regency of Tripoli in Barbary, and against his ministers and counsellors; but more especially against said Morad Raiz, admiral of the cruisers of this regency, for being the cause of my altering the national passports of the United States of America, and against said Hamet Raiz, or minister of marine, for the reasons before mentioned, as well as for falsely, insidiously, and slanderously asserting in my presence, and in the presence of captain Carpenter, that the consul general of the United States, Richard O'Brien and the broker or banker of said United States, Micaiah Cohen Bacri, had informed him, when he was last at Algiers, that the government of the United States had alone paid to the house of Bacri & Co. one hundred thousand dollars for their influence, thereby irritating the said Jusef Ba