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To James Madison from John Graham, 23 June 1816

From John Graham

Dept of State 23d June 1816

Dear Sir

As the Secretary of State set off yesterday for Loudoun just before the arrival of Mr. Murray with important despatches from Mr. Shaler—I have had these Despatches copied and have now the Honor to send you the Copies.1 The Secty will return on Tuesday so that he will be here in time to receive your Instructions relative to the unpleasant occurrences at algiers.

You will also receive by this mail the Letter from the Dey of algiers alluded to by Mr Shaler.2 With Sentiments of very sincere Regard & Attachment I am Dear Sir Your Mo Obt Sert

John Graham

RC and enclosures (DLC: Rives Collection, Madison Papers). Cover sheet docketed by JM as “communications as to Algerine affairs.” For the copies of Shaler’s dispatches, see n. 1.

1Enclosure “No. 1” is a copy (2 pp.) of Capt. John Shaw to the dey of Algiers, 10 Apr. 1816, regretting that relations with Algiers had deteriorated to the point that U.S. consul William Shaler had left his post to “take up his residence on board this Squadron.” Stating that the United States wished to remain at peace with Algiers, Shaw was surprised to learn from Shaler that the recently ratified treaty of 1815 had been returned to Shaler and that “pretensions are put forward which are quite incompatable with that Instrument, that he has been denied an interview with Your Highness, and has been treated with disrespect and Indignity.” Shaw also noted that the Swedish consul had been denied the right to communicate with the American squadron and he asked whether the dey intended “to renew the War or not.”

Enclosure “No. 2” is a copy (3 pp.) of Shaw to the dey of Algiers, 12 Apr. 1816, thanking the dey “for the frank and honorable manner in which Capt. Perry was received by him yesterday.” Shaw denied that the 30 June 1815 treaty with Algiers had been violated by the United States. “If an engagement collateral to that Treaty has been suspended from circumstances well known to your Highness, the Character of good Faith of the Government of the United States forbids the suspicion that Justice will not be done in the Affair in question.” Shaw lamented that the dey had come “to the violent determination of declaring that Treaty null,” the United States being “entirely satisfied with that Treaty.” Shaw wrote that he would refer to JM the declaration made by the dey yesterday, in accordance with article 16 of the 1815 treaty and that his squadron would commit no act of hostility toward Algiers and its commerce “unless compelled to do so in defence of the just Rights of the United States.” Shaw inquired whether the dey would await the decision of JM “before the Commencement of Hostilities on his part.”

Enclosure “No. 3” is a copy (2 pp.; in French) of Sweden’s consul John Norderling to Shaw, 12 Apr. 1816, stating that the dey had authorized him to inform Shaw that he would write to JM about the disputes between Algiers and the United States, that there would be no hostilities between the two nations, and that the American consul should resume his station.

Enclosure “No. 4” is a three-point summary (1 p.; in French) by Norderling of a message, given to him by the dey in response to a 10 Apr. letter he had received from Shaw: 1) in returning to the American consul the ratified copy of the 30 June 1815 treaty, the dey had no intention of breaking the treaty; he merely supposed the ratification was superfluous as no other power had ever sent him anything similar; 2) in refusing a meeting with the American consul and directing him to talk with the minister of the marine, the dey had supposed the matter was of little consequence, the more so as two days previously the only difference between the United States and Algiers was the restoration of an Algerian brig taken the year before by captains Charles Morris and Stephen Decatur and detained at Cartagena, deferring an agreement between the dey, Shaw, and Shaler, who was awaiting dispatches from Washington; and 3) the dey assured Shaw of his peaceful intentions toward the United States.

Also enclosed was “An exact account of the number and force of the Algerine Navy, obtained from an intelligent Slave, whom I employed for the purpose” (1 p.; in Norderling’s hand; docketed by JM as a “List of the Navy of Algiers”). The list was an itemized account of eleven vessels of various sizes and ten gunboats and their armaments.

Additionally enclosed was a copy of Shaler’s 15 Apr. 1816 dispatch to Monroe (12 pp.), describing events after Shaler had delivered the ratified copy of the 1815 treaty to the dey, which “appeared to embarrass and astonish him.” […] “The consul of Sweden was sent for” and the ratified treaty was compared with the dey’s copy (in “the Turkish language”). Shaler was “surprised to find the promise to return [the dey’s] Ships, and to give a consular present, introduced into his instrument as a treaty stipulation” on which Shaler “had not yet received any instructions.” On 6 Apr. the dey returned the ratification by a dragoman, “saying that such a thing was unknown here; … and he did not wish to introduce any new customs into his Government.” Shaler sought an audience with the dey in order “to come to a friendly but distinct understanding with him upon the points in question.”

On 7 Apr. the dey was “indisposed” and referred Shaler to the minister of the marine, an exchange that was repeated on 8 Apr.; Shaler understood this as “an alteration of tone towards us” and met with the minister who received him “with much less cordiality than usual.” Shaler required the dey to “recognise the treaty as signed by himself in our language,” to which the minister responded that “such forms were not in practice here” and “insisted in a very insolent manner that the return of the captured ships was a treaty stipulation, and ought to be punctually fulfilled.” Much of the conversation “ran upon the vexatious question of the brig which he very strenuously insisted upon.” Shaler replied, as before, that he could not discuss the matter for want of instructions, but he offered assurances that JM would reach “a just decision” and that “no offence” would be taken if the dey returned a ratified copy of the treaty. The minister promised the dey’s answer “to-morrow.”

Shaler also requested that the Swedish consul explain to the Algerians “the folly of their setting up any new or unfair pretension,” but Norderling reported that the dey “would not relinquish his claims” to the brig, even as it was admitted that the dey had inserted the provisions relating to the brig and the consular present. Shaler suspected that “some foreign influence” was operating on the Algerians. He would not make any concessions and was torn between retiring to the protection of the American squadron or waiting for the arrival of Isaac Chauncey. After “a sleepless night,” Shaler and the dragoman met with the minister of the marine on 9 Apr., who “assumed a tone of insolence that would be insupportable under any circumstances.” He accused Shaler of “prevarication and falsehood,” especially with respect to the loss of the Epervier, and said that the dey insisted on the restoration of his vessels and their crews as a treaty stipulation. Shaler then arranged for his personal effects and papers to be moved to the Swedish consulate and, determined “not to return again to Algiers, before [he] could be assured of enjoying the independence necessary … to support the character of [his] Government, and the important interests confided to [his] care,” he went on board the United States.

The American naval officers supported Shaler’s decision. On 10 and 11 Apr. there were attempts, with the assistance of the French and Swedish consuls, to reopen communications with Algiers (see enclosure “No. 1” above). Capt. Oliver Hazard Perry met with the dey on 11 Apr. and reported that the dey had denied that he had treated Shaler “disrespectfully, or that he had advanced any improper pretensions.” He also declared that the United States had broken the 1815 treaty, which Perry denied. On 12 Apr., Shaler was allowed to return to Algiers as “a private Individual” to remove his personal effects, after which Shaw wrote to the dey (see enclosure “No. 2” above). The dey replied that evening (see enclosure “No. 3” above). The American officers accepted this reply as “satisfactory,” and it was resolved that Shaler, accompanied by the officers of the American squadron, would visit the dey the next day. On 13 Apr., Shaler met with the Swedish consul and learned that the dey “persisted in his opinion” that the United States had “annulled” the 1815 treaty by not fulfilling “one of its most important provisions,” but the dey also “spoke of renewing the old Treaty.” The Swedish consul dismissed this as “quite out of the question.” The dey also said “that his complaint was not against [Shaler], who he well knew, had never had the Power to restore him his Brig, but it was against the King of America, who evidently had received the Treaty and knew every thing relating to it; and yet nothing was ordered by him in the affair of the Brig and her men.”

In the afternoon Shaler and the American officers met with the dey whose “manner was cordial and dignified.” He repeated what he had said in the note from the Swedish consul and promised to write to JM, inquiring “if the Turkish language was understood in our Country.” Shaler said it was not but that Arabic was. The dey said “it did not become him to write in any language but his own, but that he would attach to his letter an Arabik translation.” Shaler mentioned that he wished to visit the other Barbary regencies, but the dey wished him to remain in Algiers as the United States was “the first nation with whom he had concluded a peace, and on that account he was desirous to preserve it.”

Shaler concluded by remarking that nothing was in dispute between Algiers and the United States “but that unhappy affair of the Prize Brig, and there it is obvious that the Dey has just grounds of complaint.” The 1815 treaty was “not contested” but the “inattention” to the matter of the brig had “filled the minds of these people with distrust of our good faith.” As a reliable version of the treaty in Turkish could not be obtained, it was agreed that the English text “should be the rule and the Dey signed it so accordingly.” For that reason Shaler was uncertain whether the treaty could even be said to exist and until the “embarrassing affair” of the brig was settled, it would be useless to attempt anything more, with Shaler predicting that such a settlement “will yet meet with very serious difficulties.” American relations with Algiers were thus no better than a “truce.” The American squadron was adequate for the purposes of a blockade and protecting American trade, but “if it should be intended to act efficiently against [Algiers] some heavy gun boats and bomb Ketches would be required.”

If a “sacrifice” for peace was to be considered, Shaler suggested that a new consul might be sent with a new present, but he did not favor any measure that jeopardized American honor as he was convinced that the Algerians could never be trusted without the presence of an American force. Unless an “ultimatum” between peace and war were given, “we shall be involved in a laberinth of chicane and vexation.” Shaler then enclosed a report just received from the Swedish consul (see enclosure “No. 4” above) and mentioned that he had just received the dey’s letter to JM.

Graham also forwarded a copy (2 pp.) of Shaler’s 15 Apr. 1816 circular announcing that the ratification of the 1815 treaty with Algiers had arrived on 3 Apr. The circular mentioned that “difficulties” had arisen which had “been settled until the pleasure of the Government can be made known here.” Shaler gave this information for those concerned with American trade in the Mediterranean and requested that it be given publicity. The copy bears JM’s note: “(not alluded to in his dispatch).”

2Dey of Algiers to JM, 24 Apr. 1816 (PJM-PS description begins Robert A. Rutland et al., eds., The Papers of James Madison: Presidential Series (10 vols. to date; Charlottesville, Va., 1984–). description ends 10:411–13).

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