shaw against the government and citizens of the United States of America, as the said Jusef Bashaw seemingly gave credit to the falsehood of said Hamet Raiz, and emphatically said that the government of the United States had treated an Algerine Jew better, and with more liberality, than they had the said Bashaw of Tripoli, notwithstanding I gave the direct lie without ceremony or hesiation to said Hamet, and told the Bashaw that I wondered how he could give credit to so barefaced a falsehood, for even had the United States given the abovementioned sum, the party concerned would be the last people in the world to divulge the same, it not comporting with their honour or interest, especially to Hamet Raiz, who was not only an enemy to the United States, but likewise to his excellency the Bashaw of Tripoli, he having by his false insinuations endeavoured to persuade the Bashaw to annul the treaty of peace and amity at present subsisting between the said United States and this regency, to the prejudice of his character, honour, and dignity, whose word and signature I had always supposed to have been inviolably sacred; and that said Jusef Bashaw, in answer to the above, said, 'you say that Hamet Raiz lies, and I say he tells truth;' thereby discrediting all I had said, and giving full credit to the imposition of said Hamet Raiz, or minister of marine. Now KNOW ALL MEN, That for the reasons afore assigned, I James Leander Cathcart, agent and consul for the United States of America, in the regency of Tripoli, having shewn sufficient cause to enter this protest against the said Jusef Bashaw, supreme commandant of the regency of Tripoli, his aforementioned ministers and counsellors, I do by these presents most solemnly protest against the conduct of said Jusef Bashaw, his ministers and counsellors, as being unjust and in direct violation of the 10th and 12th articles of the existing treaty between the United States and the said regency of Tripoli; and I James Leander Cathcart do further declare, that the dispute arising from the violation of said treaty, is of such a nature, that I cannot adjust the same before I receive express instructions from the President of the United States of America, or until our good friends the Dey and Divan of Algiers shall decide upon the justice of the cause, according to the true interpretation of the existing treaty between the United States of America and this regency; and that I do hereby make an amicable reference to our good friends the Dey and Divan of the regency of Algiers, promising in the name of the United States of America to abide by their decision agreeable to the true meaning of the stipulation contained in the 12th article of the treaty of peace and amity concluded between the United States of America and the regency of Tripoli by the intervention of the late Hassan Bashaw, Dey of Algiers, and under the immediate guarantee of said regency, the said treaty having been duly ratified by the reigning Dey of Algiers, Mustapha Bashaw, whom God preserve. Now, I James Leander Cathcart, agent and consul of the United States of America, conceiving it my duty so to do, do now transmit this said protest to the Chancery of the United States at Tunis, in order that it may be there duly registered, and from thence forwarded to the consul general of the United States of America at Algiers, in order to prevent, as much as depends upon me, any appeal being made to arms, leaving the conducting of the whole affair entirely at the discretion of the consul general of the United States of America for the time being, as before mentioned, not doubting but he will take such measures as he in his judgment may think most likely to promote the interests of the United States of America, and maintain the peace of our country with this regency upon honourable and equitable terms. In testimony of the above I have hereunto subscribed [L.S.] my name and affixed the seal of my office at the Chancery of the United Sates of America, in the city of Tripoli in Barbary, this 29th day of October in the year of our Lord one thousand eight hundred; and in the 25th year of the independence of the United States of America. (Signed) JAMES L. CATHCART. * Vol h 9 TRANSLATION. MR. CATHCART having desired a process verbal of what passed at the audience, which, at his request, in conjunction with that of the consul of his Danish Majesty and of the charge des affaires of his Catholic Majesty, was given on the 11th of this month; as well as of the reasons which occasioned their request: The undersigned Nicholai Christian Nissen consul of his Danish Majesty, and Don Pedro Ortiz de Zugasti charge des affaires of his Catholic Majesty, attest and declare as follows: Since a long time there existed the greatest irregularity in the distribution of letters which arrived here for the consuls. This irregularity was considerably increased, when, by reason of the plague which appeared at Tunis and the precautions relative to health taken by his excellency the Bashaw, in consequence, the couriers were subjected to quarantine and the letters fumigated before they were distributed.-But the abuses had now reached their last extreme. On the 27th October arrived a small vessel from the coast of Tunis: the vessel and passengers were both subjected to quarantine. Only one letter was delivered on the day of her arrival, and on our earnestly endeavouring to learn whether there were any for us, we received negative answers. Nevertheless on the 9th of this month, a packet was given to the charge des affaires of his Catholic Majesty and another to the consul of the United States of America; the latter, having had the politeness to communicate some news from it to us, complained of the considerable delay he had experienced of a letter he had just received from Algiers, dated on the 25th July, contained in another from Tunis of the 1st of October. This letter was of the greatest consequence to him in his consular concerns, and he requested us to attest the day of its arrival, which we did, as we now do by these presents. The next day (Nov. 10,) arrived a courier from Tunis. He arrived in the morning, but all the day passed without receiving the letters. On the 11th in the morning they were landed open and thrown together promiscuously, and instead of fumigating them they were burnt in such a manner as to consume a part and render the rest illegible, and thus they were sent to us by handsful. Seeing these unworthy proceedings, finding many of our letters lost, and that our residence here at Tripoli would be absolutely useless to our governments, if their orders did not reach us, we thought it our duty to make a complaint supported by all, and in the strongest manner, to his excellency the Bashaw. An audience being granted, we shewed him our letters in pieces and burnt, among which there was one for the Bashaw himself. His excellency immediately promised to cause this abuse to be redressed. He gave bis orders in consequence, and declared himself ready to punish the guilty. After having thus terminated the principal object of the audience requested, each of us communicated to his excellency the news we had received, and the consul of the United States of America having equally communicated to the Bashaw, that the ministers of his government at Paris had just concluded a treaty with the French Republick, which was to terminate their differences, his excellency complimented him on the occasion, but nevertheless added, that an arrangement ought also to be made with him, and to take care that he did not give orders to his cruisers to bring in the merchant vessels of the United States; and his excellency the Bashaw further explained himself in such manner as to cause the fear of a rupture not far off. The consul of the United States of America, Mr. Cathcart, answered, that he was sure that would never take place; that the word of his excellency was sacred; that he, the consul, could do nothing without the orders of his government, and that his excellency had promised to wait, not only six months computing from the 2d of October last, but until the arrival of an answer from the American govern2 ment; but the Bashaw did not seem to accede to it; on the contrary he refused, and said that he had the greatest reason to complain of the Americans; that lately he had received a letter from one of his corsairs which acquainted him, that being on the coast of Naples he had met an American polacre richly laden; that he visited and treated it in a friendly manner; that nevertheless the polacre, after entering the port, gave intelligence that the corsair was there, in order that a superior force might be sent out to capture him; but the corsair being advised of it by a Ragusan vessel which had just come out of the same port, he had time to save himself. Mr. Cathcart answered his excellency that it was evidently a false report, dictated by malice; that among the whole marine of the United States there was no polacre; and that he prayed his excellency not to give credit to such lies, which his Raiz might report; nevertheless the consul of the United States had no reason to be tranquillized: it appeared on the contrary, that his excellency the Bashaw of Tripoli intended shortly to give orders for bringing in the merchant vessels of the United States, and thus to commence hostilities. The audience being finished, we retired, and Mr. Cathcart consul of the United States of America, having communicated his wish to us, to have a proces verbal of all that passed at the audience, as well as of what gave occasion for asking it, we have drawn up these presents; and in faith thereof we have signed them, and thereto affixed the royal seals of our consulates. Done at Tripoli in Barbary this 13th Nov. 1801. (Signed) N. C. NISEN, [L.S.] In absence of the Consul General [L.S.] Consul of his Danish Majesty, at PEDRO ORTIZ DE ZUGASTI. |