Thomas Jefferson Papers
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From Thomas Jefferson to Hammuda Pasha, Bey of Tunis, 27 January 1804

To Hammuda Pasha, Bey of Tunis

Great and Good Friend,

I received in due time your letter of the 7th of September repeating the request of a frigate of 36 Guns with which on a former occasion, I had informed you that circumstances did not permit us to comply. I am under the necessity of stating that these circumstances continue, and that our naval force being only proportioned to our exigencies we cannot with prudence lessen it1 by parting with any portion of it. I should regret much a misconception of our motives on this occasion. We set a just value on your friendship, as we do on that of all other nations with which we have intercourse: and as we presume those nations do on ours. These mutual friendships, and the interest arising out of them, are equivalents the one for the other, and authorize equal expectations, equal claims, and rights on both sides. Of our dispositions towards yourself in particular, we have not been wanting in proofs, in addition to the faithful fulfilment of our Treaty, nor shall we on proper occasions, fail to continue reasonable manifestations of them,2 according to the rules we observe in our intercourse with Nations.

Such being our regard for you, it is with peculiar concern I learn from your letter of Sept 14 that Mr Cathcart, whom I had chosen to succeed to the place of Mr Eaton near you, and chosen from a confidence in his Integrity, experience, and good dispositions, has so conducted himself as to incur your displeasure. In doing this, be assured, he has gone against the letter and spirit of his instructions, which were, that his deportment should be such as to mark my esteem and respect for your character, both personal and public, and to cultivate your friendship by all the attentions and services he could render. So soon as he went out of this line, he was out of the line of his duty, and his acts are disclaimed as in opposition to his orders. On his return to the United States he will be made sensible how far in this he departed from the intentions of his employers. The consideration that the bands of peace between Nations3 ought not to be burst asunder by the hasty and unauthorized acts of a public Agent was worthy of your wisdom and justice and the acquiescence in the transaction of our affairs by Mr Davis until an Agent could be sent with formal authorities, manifested a desire of maintaining a good understanding, which being reciprocal,4 is auspicious to our peace. In selecting another character to take the place of Mr Cathcart, I shall take care to fix on one who I hope will better fulfil the duties of respect and esteem for you, and who in so doing only, will be the faithful representative and organ of my earnest desire that the peace and friendship so happily subsisting between our Countries may be firm and permanent: And I pray God, Great and Good friend that he may have you under his holy keeping.

Done at Washington in the United States of America, this 27th day of January 1804.

FC (Lb in DNA: RG 59, Credences); in a clerk’s hand; at head of text: “Thomas Jefferson, President of the United States of America, To the Most Illustrious and Most Magnificent Prince, the Bey of Tunis, the abode of happiness”; below signature: “By the President, James Madison Secretary of State.” PrC (DLC); a Dft, partially dated, day of month left blank; at foot of text: “Hamuda Basaw, Bey of Tunis.” Tr (CSmH); in Richard O’Brien’s hand. Tr (Christie’s, New York City, 2002); in an unidentified hand. Recorded in SJL at 24 Jan.

on a former occasion: in his letter to Hammuda of 14 Apr. 1803, TJ declined the bey’s request for a frigate from the United States. Hammuda’s letters to TJ of 7 and 14 Sep. 1803, received by TJ on 16 Nov. and 11 Dec., respectively, have not been found (Vol. 40:196-7; Vol. 41:738).

TJ appointed James Leander cathcart as consul at Tunis in April 1803. Upon his arrival there on 2 Sep., and following brief negotiations on the subjects of the frigate and annuities, Hammuda abruptly refused to accept Cathcart as consul, blaming him for the war with Tripoli and wishing the president to appoint instead “a man that is not known in the other parts of Barbary.” The bey agreed, however, to allow George davis, a U.S. navy surgeon, to continue to act as temporary consul until he received answers to his letters to TJ. Cathcart left Tunis on 8 Sep. (Madison, Papers description begins William T. Hutchinson, Robert A. Rutland, J. C. A. Stagg, and others, eds., The Papers of James Madison, Chicago and Charlottesville, 1962- , 37 vols.: Sec. of State Ser., 1986- , 10 vols.; Pres. Ser., 1984- , 8 vols.; Ret. Ser., 2009- , 2 vols. description ends , Sec. of State Ser., 5:391-8, 408-18; NDBW description begins Dudley W. Knox, ed., Naval Documents Related to the United States Wars with the Barbary Powers, Washington, D.C., 1939-44, 6 vols. and Register of Officer Personnel and Ships’ Data, 1801-1807, Washington, D.C., 1945 description ends , 3:43, 47-8; Vol. 40:153n, 196-7, 257-8, 647).

1Preceding 15 words interlined in PrC in place of “the present aspect of affairs does not render it prudent for us to lessen our naval force.”

2Remainder of sentence interlined in PrC.

3Preceding two words interlined in PrC.

4Word interlined in PrC in place of an illegible cancellation.

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