preclude the competent authority from animadverting on that transaction in any way that a vindication of the national honour may be thought to prescribe."

Nothing more than a statement of facts is necessary at the present day for the vindication of Captain Bainbridge's conduct in this affair. The truth is, the national indignity which so deeply affected the president and people of the United States, ought to have been looked for somewhat further back, for it might have been found in the humiliating relation in which the country stood to the Algerine regency. What security could there be for the honour of a tribute-bearing frigate? Verily, we think the dey showed himself a good logician-"You pay me tribute, by which you become my slaves, I have, therefore, a right to order you as I may think proper." The ship was a very good ship to carry tribute from the United States to the Dey of Algiers, and therefore was a very fitting conveyance to be freighted with tribute from the Dey of Algiers to the Grand Seignior-which we cannot but regard as a very shrewd piece of reasoning; the real fault consisted in furnishing the premises of the argument.

It is perhaps to be regretted that Dr. Harris has not inserted in the Memoir the letter addressed to Captain Bainbridge by Mr. O'Brien, the Americal consul, which may be considered as the most complete statement and vindication of the transaction. The letter may be found in the fourth volume of Wait's State Papers, (p. 354,) and we avail ourselves of the opportunity of supplying the omission by introducing it upon our pages:

Letter from Mr. O'Brien to Captain Bainbridge.

"Sir-Your letter to me of this date I have received and seriously considered its contents, and shall observe, sir, that from the day the United States ship under your command arrived in this port, and to this day it has been generally supposed that the regency would insist that the United States ship should proceed to the Levant on the businessor mission of this regency. On the 18th ult., when you went with me to pay your respects to the dey, after a little Algerine ceremony, the dey said he would want this ship as a favour from the United States, to carry his ambassador and presents to Constantinople, and return on the business to Algiers. I observed to the dey, that the captain or consul had no orders or power, which, in any respects, could justify us in acquiescing in his demand, that without the orders of the United States we could not do any such thing, that having no orders we could make no responsibility, that the captain could not protect his property against the Portuguese or Neapolitans, that your orders were to return to the United States, and by orders you could only defend your ship against French corsairs. The dey did not seem satisfied with these explanations; that shortly after I repeated nearly the same objections on this business to the Algerine prime minister.

"On the 26th ult. the dey sent for me and the British consul, and asked me if I was still determined not to acquiesce in making responsibility and carrying his ambassador and presents. I again repeated all

the arguments which I made use of on the 18th ult. and added, as this vessel belonged to the government of the United States, and we having no fixed peace or treaty with the Italian states, or with the grand seignor, that this ship and crew would be in a very singular predicament in going to Constantinople on the business of the regency, we having no ambassador or consul at these places. The dey answered, passionately, that these were all excuses, that other nations had rendered Algiers the like favours, but that if the British consul would promise faithfully that a British ship of war would come here and go to the Levant on this mission, that under this consideration he would let the American ship return to her country--the British consul, John Falcon, Esq. promised and assured the dey, (in my presence,) that as Lord Keith had promised to send a ship of war on this business that said ship might be daily expected. The dey observed, he would wait a few days before he would fully determine, to see if the British ship would arrive.

"The dey remained undetermined until the 3d inst. when arrived at Algiers from Mahon, a British ship of war of twenty-four guns, sent by the orders of Lord Keith, intentionally to carry the ambassador and presents of Algiers to Constantinople. This business seemed finished and settled, in order that the British ship of war would proceed on the business. But from the 4th inst. to this date, the dey and ministry, and sundry persons of influence, started many difficulties relative to the mission of the regency going in the British ship, and finally objected to go. When this morning the dey came to town from his country seat, and at ten A. M. sent for me and told me without any alternative, the United States ship should do him the favour to carry his ambassador and presents to Constantinople, that if this favour or demand was not complied with, that he no longer holds to his friendship with the United States.

"On my declaring that I or the captain of the United States ship had no orders and could not justify ourselves to our government to acquiesce, the dey got very angry, and declared that be considered every thing we did say or could say to be excuses not to do him the favour he required, and if this favour was not acquiesced to, he knew what to do, that other nations frequently did it, and he could see no reason or motive which should prevent me, on the part of the United States, acquiescing to the request.

"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 VOL. XXI.-No. 42.

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acts of this regeney 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-topgallant masthead of the American ship. 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 dragoman to acquaint the dey that the consul of the United States and commandant of the United States ship demanded an audienee.

"At two 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 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 presents, it would be better that his flag should be hoisted at the fore-topgallant masthead 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 the marine that if this United States ship should haul down her pennant, 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 public 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 Algerine 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."

There is one pleasant interlude in this disagreeable drama, and as it is the only one, it would be hardly fair to pass it by. If the accuracy of discipline be discomposed when a public vessel bears the honoured burden of the family of a minister plenipotentiary, we can readily conceive that there must have been grievous trials of patience, when the George Washington sailed freighted with a hundred devout Mussulmans. We can only larnent that some one gifted with a happy eye of observation, and a pleasant talent of description, did not make a record of the incidents of the voyage; which would, we fancy, have proved that truth may not only be more strange but more ludicrous than fiction:

"The George Washington sailed from Algiers on the 19th of October, 1800. The winds and weather were unfavourable, and the crowded condition of the ship, with the difficulty of managing the Algerines without using severity, a resort to which would not have been proper, rendered the passage as unpleasant as could be well imagined. The interruptions to the duties of the ship by the frequent devotions of the Mussulmans, proved another source of annoyance. Besides other religious ceremonies, they prayed five times a day, and always with their faces directed towards the Kaaba of Mecca. As the ship frequently tacked while engaged in prayer, they were as often obliged to change their position, and such was their scrupulosity on this point, that one of the number was designated to consult the compass in the binnacle to obtain the precise direction. Such manœuvres never failed to excite the merriment and elicit the gibes of the sailors." p. 46.

It only remains, in connection with this affair, to mention Captain Bainbridge's official reception on his return to the United States:

"From Alicant, Captain Bainbridge returned to the United States; after which he proceeded to the seat of government, and reported himself in person to the president, detailed to him all the difficulties against which he had to contend, and was gratified to learn from him that his conduct received his approbation, and even commended him for the 'judicious and skilful manner in which he had discharged his duties, while under the pressure of such embarrassing circumstances.'

"The humiliating condition in which Captain Bainbridge was placed, arose out of the feeble policy of our government, in stipulating to purchase an immunity from insult to our citizens, and spoliations on our commerce, by paying an annual tribute to barbarians, whom it could have readily controlled by force. There is no other way of giving complete protection to our citizens, and to our property afloat, than by

the cannon's mouth. Dear-bought experience has proved the utter fallacy of Mr. Jefferson's scheme of preserving peace, by pursuing a pacific and upright policy towards all nations. The point is now settled, however, that nothing less than an exhibition of force, and a willingness to exercise it, can maintain, unimpaired, our national rights and dignity." p. 60.

In 1803 Captain Bainbridge was ordered to the command of the frigate Philadelphia, to cruise in the Mediterranean for the purpose of making prizes of the vessels of the Tripolitans, the Bashaw of Tripoli having recently declared war against the United States. After cruising with some success, he experienced the most severe calamity of his professional life-the stranding and capture of his ship, which was followed by a cruel and protracted imprisonment of the officers and crew in the dungeons of Tripoli. The disaster is well narrated in his official letter:

(( TRIPOLI, November the 1st, 1803.

"On Monday, October the thirty-first, at nine o'clock, A. M., being about six or seven leagues to the eastward of Tripoli, with the wind from the east, discovered a sail in shore. I immediately made sail in chase, and about ten, being within random shot, and perceiving she was armed, began firing into her from the first and second division of the larboard side.

The chase and fire were continued until half-past eleven, during which time the deep-sea and hand lead were kept constantly going, with regular soundings from seven to ten fathoms; hauling off and on accordingly. At this time, it appearing evident that we could neither run the chase on shore, nor cut her off from the harbour of Tripoli, then distant about three or four miles, orders were given to drop the foresail, which had been brailed up a little before, port the helm, give up the chase, and haul off shore; but instead of deepening our water, as we had every reason to expect from the preceding circumstances of the chase, and from the form of the coast, it suddenly shoaled from eight to seven, and six and a half fathoms. The helm was instantly ordered hard-a-port, and the yards sharp braced; but scarcely was the order issued, before the ship struck, and run on a reef of rocks, until there was not above fourteen feet water under her fore-channels; her draft, before striking, being eighteen and a half feet aft, and her velocity between seven and eight knots. The sails were laid a-back, and the forward guns run aft, in hopes of backing her off, which not producing the desired effect, orders were given to stave the water in the hold, and pump it out, throw overboard the lumber and heavy articles of every kind, cut away the anchors except the larboard bower, and throw over all the guns, except a few for our defence against the enemy's gun-boats, which, by this time, had taken a station on our larboard quarter, and commenced firing upon us. These orders were executed with alacrity and despatch, while the fire of the gun-boats was returned with spirit from the few guns which were brought to bear upon them. Owing to the situation of the ship and position of the enemy, only a few carronades and the stern chasers could be used; for which purpose the stern was cut away. During these defensive operations, the ship drove higher on the rocks, and careened so much, as to render the guns almost entirely unmanageable, and at half-past six she fell over on her broadside. As a last resource, the foremast and main-topgallant-mast were cut away, but without any