I again repeated to the Dey that I or the captain could make no responsibility on the part of the United States, that we could not think his property safe under the American flag from the capture of his enemies, that the ship sailed dull or heavy, that it was war time, a thousand difficulties might happen. The Dey hastily observed that God was great, that all was on his head, that all difficulties would be surmounted.

I again declared that I or the captain had no orders which would in any respect justify ourselves to acquiesce. The Dey said he would justify us, and that the ship should go per force, and that we had no alternative but to do him this favour, that his mind and his ministry's were soured against the British, and that on this account he rejected the British ship, and would insist his request should be complied with.

The Dey said he would send his flag to the marine to be hoisted at the mast head of the American ship. I answered I was very sorry on account of his determination, and withdrew; went and explained to the prime minister all that had passed or was said on this business between the Dey and me.

The prime minister observed that the Dey's mind was so positively fixed and determined on this affair, that there would be no alternative but to comply to prevent greater evils, reminding me of several overt acts of this regency to the consuls of other nations and their affairs, that he had tried to prevent the Dey from sending the American ship, that it had no effect.

At meridian, I and captain Bainbridge were sent for by the general of marine, when we made use of all those arguments which are heretofore detailed; the general of marine declared that there was no alternative but to comply. After our retiring from the marine half an hour, the general of marine sent to the consular house of the United States to acquaint us that it was the orders of the Dey of Algiers, that the flag of Algiers should be hoisted to the main-top-gallant-mast-head of the American ship. * VOL. I. 7

That we answered all was per force, that we were in their power, and the regency of course might do as they had a mind. Shortly after we determined to see the Dey, and sent the American drogoman to acquaint the Dey that the consul of the United States, and commandant of the United States ship demanded an audience.

At 2 P. M. we were in the presence of the Dey, and stated all those difficulties and all our former objections, that we had no orders, could not justify ourselves, and could make no responsibility. The Dey observed that there was no alternative but to comply, that in doing him this favour, that he never would forget it on the part of the United States, and that when he did God would forget him, that he would write to the government of the United States on this business of his making this demand, and assured captain Bainbridge and me that the United States would be highly pleased at the conduct of the consul and commandant in obliging the Dey and regency agreeable to the request he made to us as a favour from the United States. We observed to the Dey that this was a forced business, that under this idea and for the safety of his pre sents it would be better that his flag should be hoisted at the fore-top-gallant-mast-head than the main. The Dey declared he did not well know this business, but that those at the marine knew the custom, he believed it was at the main.

On this we went to the marine, told the general of marine that if this United States ship should haul down her pendant, and hoist the Algerine flag at the main, that said ship agreeable to our laws was out of commission, and would not be considered as a publick ship of the United States, that the Algerine flag would be the same thing at the fore as the main, but to us it made great difference, that by Christian laws the ship would be considered as an Algerine property and not as a ship of the United States, that we made this remonstrance and observation to prevent difficulties; on this explanation the general of marine got into a great passion, swore that the proposition and

idea was made as an evasive pretence, that the ships of war of Spain and France and other nations, had acquiesced to hoist the Algerine flag at the main, that it was by the flag being hoisted there, that the mission was known and announced at Algiers and Constantinople. I explained to you Sir, that it was the custom as I have seen and known, that the French and Spanish ships of war going on the like mission, hoisted at Algiers and Constantinople, the Alge rine flag at the main, that at sea he wore his pennant and was more his own master. On this you observed, it being a forced business, that if there was a right to acquiesce to one point, there was no alternative but by the same rule to acquiesce to the other, relative to the flag.

The general of marine and officers of ditto, said if there was not a compliance on this business, agreeable to customs of all nations heretofore, that there no longer existed friendship between this regency and the United States. I observed that I was sorry that the United States had so much reason to know Algiers, and that Algiers had no reason to know the United States.

We went on board, the Turkish flag was hoisted at the main of the United States ship, and was saluted with seven guns as customary.

Painful is the detail, but it contains a narrative of facts. To the truth thereof, witness my hand and seal of office at Algiers, this 9th day of October, 1800.

I am Sir very respectfully, your most obedient servant, RICHARD O'BRIEN.

(Signed)

Extract of a Letter from Richard O'Brien to the Secretary of State, dated at Algiers, October 22, 1800.

"As the United States ship Washington, captain Baiubridge, has proceeded per force, in fact to save the peace of the United States with Algiers, to prevent captivity and detention to the ship, officers, and crew, and prevent the pretence of a sudden war and pillage and slavery to the

citizens of the United States: I calculate that if said ship goes and comes safe in five months, it will cost the United States 40.000 dollars. This in comparison to what our losses might be if war, left me no time to hesitate in the choice of the evils and difficulties which presented fully in view; in surveying both sides of the coast and how we should stand on both tacks, I found there was no alternative but to proceed.

"I have made no responsibility, as is customary with all nations, (with) the Dey and regency. I am convinced that if an accident should happen to the Washington in being captured by any nation, or by being driven on shore, that as soon as this news would reach Algiers, that they would immediately send out their corsairs and send in all American vessels they should meet with, in order to repay themselves for the amount of Algerine property on board the Washington-we submitted to it in the affair of the ship Fortune, and if the amount in reality was 600,000 dollars the regency would take to the amount of one million of dollars. It is their custom. Is not it a hard case for us to risk the ship and crew of the United States, and Algiers to force said ship, and if any accident to be liable to difficulties and calamities I have described."

Extract of a Letter from Mr. Cathcart to the Secretary of State, dated

TRIPOLI, JANUARY 4, 1801. "ON the 2d inst. in the evening, the banners of Sweden, by the Bashaw's request, were hoisted upon the Danish house, and a temporary flagstaff was prepared in order that the customary salute should be fired next day. When a peace takes place with any nation, it is customary for the different consuls to congratulate the Bashaw on the event; you may judge with what a grace I performed a ceremony so repugnant to my feelings, but it was necessary. I accordingly waited upon his excellency in company with the

Danish consul, Swedish ex-consul, Mr. Bohrstrom the present consul, and several others;-after congratulation, perfumation, fumigation, and drinking of coffee and sherbet were over, commenced the following litigation:-'I have concluded a peace with the Swedes,' commenced the Bashaw, and I am certain that the king of Sweden is sensible that I was forced to declare war against his nation contrary to my inclination, for had my demands been satisfied in the first instance, I should not have captured their ships and enslaved their people; some nations,' added he, (meaning the United States) have used me very ill, they look upon me as nothing, they have recourse to Algiers for all things; I should be glad to know which is thought most of at Constantinople?—I could easily have solved that doubt, by saying that the Dey of Algiers had lately sent presents to the Grand Signior to the amount of a million of dollars, which were powerful arguments in his favour; but as the conversation was general, I did not conceive it more incumbent on me to answer his prologue than any of the rest of the company, and in fact I could say nothing but what I have communicated already. The Bashaw observing my silence, directed his discourse to me, and asked me if I understood the Arabic and Turkish languages, I answered that I had a trifling knowledge of them, but spoke them so miserably that I never used any of them, especially as his excellency and ministers all spoke Italian. 'Pray,' says the Bashaw, what was the present Dey of Algiers in the reign of Mahomed Bashaw?' I answered that he was a person very much respected in consequence of his being the cousin of Hassan Bashaw, but had no post whatever. And pray, what was Hassan Bashaw at that time. First, he was bik ilharche of the marine, and afterwards was made prime minister and treasurer in Algiers called the Hasnagi. The Bashaw turned up his nose with visible signs of contempt, and was going to proceed, when a person informed him that a piece of timber was not to be found in the whole regency large enough to make a flagstaff for the Swedes, unless they took one of the cruisers