of America. And whereas it is stipulated in the twelfth article of the aforesaid treaty, that in case, of any dispute arising from a violation of any of the articles of said treaty no appeal to arms shall be made, nor shall war be declared, on any pretence whatever but if the Consul, residing at the place where the dispute shall happen, shall not be able to settle the same, an amicable reference shall be made to the mutual friend of both parties, the Dey of Algiers; the parties thereby engaging to abide by his decision; and he by virtue of his signature to the said treaty having engaged for himself and his successors to declare the justice of the case according to the true interpretation of the said treaty and to use all the measures in his power to inforce the observance of the same.

Now know all men by these presents, that I, JAMES LEANDER CATHCART, Consul for the United States of America, in said Regency of Tripoli, do protest and declare that the demands made by the Bashaw of Tripoli upon the United States of America are of such a nature that I cannot settle the dispute arising therefrom; and that I conceive that I should not only be deviating from my official duty but likewise acting as an accomplice and in conjunction with said Bashaw of Tripoli, to treat our good friends the Dey and Divan of Algiers with indignity and disrespect,was I to refrain from making the foresaid amicable reference. I therefore, in virtue of these presents, do make the foresaid amicable reference, transmitting the whole to the Consul General of the United States of America at Algiers, who is possess ed of every information relative to the state of our affairs in this Regency, having received duplicates of my dispatches for the Government of the United States, at the same time leaving it at the discretion of the Consul General of the United States at Algiers to take such measures as he in his judgment may think most likely to promote the interests of the United States and to maintain the peace of our Coun

try with this Regency upon honorable and equitable

terms.

Fourth. Be it known that on the 25th of September 1800, Raiz Amor Shelli, commander of a Tripoline corsair of 18 guns, captured the American brig Catherine, James Carpenter master, of and from New York, and bound to Leghorn, valued at 50,000 dollars or thereabouts; that said vessel was kept in possession of the subjects of Tripoli until the 15th of October in the evening, and was then delivered up to the Consul of the United States, in consequence of the Bashaw of Tripoli having wrote a letter to the President of the United States, the purport of which being already known needs no repetition, and that said vessel was exposed to much loss and peril, as appears by the said master of the brig, his protest already forwarded to the Consul General at Algiers, and that said brig was plundered of effects valued by said master, James Carpenter, at 397 dollars, whereof was recovered to the value of 180 dollars, the value 217 dollars being irrecoverably lost, notwithstanding the Bashaw had given positive orders to Hamet Raiz, Minister of the marine, to cause every article that could be found to be restored to their lawful owner: yet said Reiz of the marine did not comply with the Bashaw's orders (and he being the Bashaw's brother in law it was out of my power to compel him) but on the contrary prevaricated from day to day from the 16th to the 21st of October, with an intent no doubt to share the spoils with the aforesaid Raiz Amor Shelli, and on the night of the 21st instant sent Abram Farfara to inform me that if the brig did not sail by day light in the morning, the port would be embargoed; and gave me to understand that if I did not promise to pay him anchorage for said brig she would be detained until the embargo should be taken off. This command I absolutely refused to comply with. On the 22d at day light I ordered the brig to get under way, and could not get the pilot to go on board

1

until said Abram Farfara paid the Raiz of the marine five dollars and 75 cents anchorage, which notwithstanding it being an unjust demand I complied with sooner than have the brig detained one day longer. I therefore for the aforesaid reasons, and for each of the aforementioned arbitrary acts, do protest against the aforesaid Jusef Bashaw, supreme commandant of the Regency of Tripoli in Barbary, and against his ministers and Counsellors. But more especially against said Morad Raiz, Admiral of the cruisers of this Regency, for being the cause of my altering the national passports of the United States of America, and against Hamet Raiz, minister of the marine, for the reasons before mentioned as well as for falsly, insidiously and slanderously asserting in my presence and in the presence of Capt. Carpenter, that the Consul General of the United States, Richard O'Brien, and the broker or banker of the United States Micaiah Cohen Boeri, had informed him, when he was last at Algiers, that the government of the United States had aloue paid to the house of Bocri and Co. one hundred thousand dollars for their influence; thereby irritating the said Jusef Bashaw against the government and citizens of the United States of America, as the said Jusef Bashaw seeming to give credit to the falshood 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 hesitation to the said Hamet Raiz, and told the Bashaw that I wondered how he could give credit to so barefaced a falshood: for even had the United States given the above mentioned sum, the party concerned would be the last people in the world to divulge the same, it not only comporting neither with their honor nor 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 endeavored 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, honor and dignity, whose word and signature I had always supposed inviolably sacred: and that said Jusef Bashaw, in answer to the above, said, "You say that Hamet Raiz lies, and I say he tells the truth," thereby discrediting all I had said and giving full eredit to the imposition of said Hamet Raiz, or minister of the marine.

Now all men, know 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, his aforesaid ministers and counsellors; that I do by these presents most solemnly protest against the conduct of the said Jusef Bashaw, his aforesaid ministers and counsellors as being unjust and in direct violation of the 10th and 12th articles of the existing treaty between the United States of America 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, agreeably to the true meaning of the stipulation contained in the 12th article of the treaty of peace and amity concluded between said United States of America and the Regency of Tripoli, by the interven

tion 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 Déy of Algiers, Mustafa Bashaw, whom God pre

serve.

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 to 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 to maintain the peace of our Country with this Regency upon honorable and equitable terms.

LS.

S

In testimony of the above, I have hereunto subscribed my name, and affixed the seal of my office, at the chancery of the United States 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 twenty fifth year of the independence of the United States of America. Signed.) JAMES LEANDER CATHCART.. EXTRACTS FROM CATHCART TO EATON.

Tripoli, February 20th, 1801,

I HAVE only time by this courier to give you the following extract from my journal, which you shall have in full by the next conveyance, Saturday, 7th Febuary arrived Hadgi Mahamud La Saed, with Mr. O'Brien's letter in duplicates,