UNITED STATES, January 9, 1797.
_To the President of the United States, the Secretary of
State respectfully makes the following brief representation
of the affairs of the United States, in relation to
Algiers_:
When Colonel Humphreys left America, in April, 1795, he was
accompanied by Joseph Donaldson, Esq., who had been
appointed Consul for Tunis and Tripoli; and him Colonel
Humphreys was authorized to employ in negotiating a Treaty
with Algiers, while he should proceed himself to France,
for the purpose of obtaining the co-operation of that
Government in this negotiation.
They arrived at Gibraltar on the 17th of May. Colonel
Humphreys concluded that it was expedient for Mr. Donaldson
to go first to Alicant, rather than Algiers, in order to be
near at hand, to ascertain facts and profit of occasions.
He gave him instructions accordingly; and having also
instructed Mr. Simpson, our Consul at Gibraltar, to renew
our peace with the Emperor of Morocco, Colonel Humphreys
sailed from Gibraltar the 24th of May, and arrived at Havre
de Grace on the 26th of June; from whence he set off
immediately for Paris. The object of his mission was
communicated by our Minister, Colonel Monroe, to the
Committee of Public Safety. On the 1st of July he had
received only a verbal answer, that the French Government
was disposed to interest itself, and to do every thing in
its power, to promote the accomplishment of our wishes on
the subject in question. On the 28th, assurances were
received that immediate measures should be taken for giving
particular instructions to the agents of the Republic, to
use its influence in co-operating with us. The multiplicity
of affairs with which the officers of Government were
occupied, and the getting from London a sum of money
necessary to purchase the usual peace presents, prevented a
conclusion of this arrangement at Paris until September. It
had been judged expedient, by Colonel Humphreys and Colonel
Monroe, that Joel Barlow should be employed in the
negotiation with the Barbary States, and his consent had
been obtained. By the 11th of September, all the writings
on the part of Colonel Humphreys were prepared for Mr.
Barlow, to proceed with the instructions and powers from
the Government of the French Republic to its agents in
Barbary, in favor of our negotiation.
Colonel Humphreys left Paris the 12th of September, and
reached Havre the 14th, where he found the master and mate
of the United States brig Sophia, both sick with fevers.
While waiting there impatiently for their recovery, he
received intelligence from our Consul at Marseilles, that
Mr. Donaldson had concluded a Treaty of Peace with the Dey
of Algiers; nevertheless, Colonel Humphreys thought it
expedient that Mr. Barlow should proceed with the presents
prepared and preparing at Paris; for, if not needed at
Algiers, they would be wanted in the negotiation with Tunis
and Tripoli.
About the 5th of October, Colonel Humphreys sailed from
Havre, and after a stormy passage of more than forty days,
arrived at Lisbon on the 17th of November. There he found
Captain O'Brien, who had arrived about the 1st of October,
with the Treaty with Algiers.
On the 3d of September Mr. Donaldson arrived at Algiers,
and on the 5th the Treaty was concluded, and the peace
presents immediately given, by a loan. Mr. Donaldson,
knowing that funds had been lodged in London to answer his
stipulations, engaged to make the payments in three or four
months.
Colonel Humphreys had received advice, under date of the
30th July, from the Messrs. Barings, in London, to whom the
funds had been remitted, that, having made progress in the
sales of the United States' stock, they should hold, at his
disposal, the whole of the value of $800,000, meaning to
furnish, by anticipation, the value of that part which
remained unsold, if the service of the United States
required it. Colonel Humphreys, counting on the money as
always ready after this period, sent Captain O'Brien from
Lisbon to London, in the brig Sophia, to receive it. Owing
to contrary winds, she did not leave Lisbon till the 24th
of December. The other details, relative to the pecuniary
transactions, appear in the report of the Secretary of the
Treasury.
The disappointments in the pecuniary negotiations, put the
Treaty in jeopardy; the Dey threatened to abandon it, and
it was with extreme difficulty that it was prevented. Mr.
Barlow did not arrive at Alicant until February, 1796,
where he proposed to wait the arrival of the funds: but,
after a little time, his intelligence from Algiers showing
that our affairs were in a critical situation, he
determined to go thither immediately, with the hope of
soothing the Dey. He arrived there the 4th of March; they
had before prolonged the time to the 8th of April for the
payment of the stipulated sums. On the 3d of this month the
Dey declared what should be his final determination--that
in eight days Mr. Barlow and Mr. Donaldson should leave
Algiers; and if, in thirty days after, the money was not
paid, the Treaty should be at an end, and his cruisers
should bring in American vessels. Under these
circumstances, and as the last hope of saving the Treaty,
they were induced to offer the present of a frigate--this
fortunately succeeded. For the particulars of this
transaction, the Secretary begs leave to refer to the
enclosed letter from Messrs. Barlow and Donaldson.
Colonel Humphreys not deeming himself authorized to confirm
this promise of a frigate, referred the matter to the
Executive of the United States; and for this end despatched
Captain O'Brien, in the brig Sophia, to America. There was
evidently no alternative; and the promise was confirmed.
The frigate is now building in Portsmouth, New Hampshire,
and is expected to be finished in the spring. Captain
O'Brien returned to Lisbon, where he arrived on the ---- of
July. Colonel Humphreys had advantageously negotiated bills
on London for $225,000. This sum was embarked on board the
Sophia, and, on the 3d of August, Captain O'Brien set sail
for Algiers. He has not since been heard of, and there is
room to fear that some misfortune has befallen him. The
money was insured at a small premium, against the danger of
the seas; against all risks they demanded so high a premium
as Colonel Humphreys judged it inexpedient to give, seeing
the Sophia was a vessel of the United States, having a
special passport from the President, as well as a passport
in the Turkish language, under the seal of the Dey of
Algiers.
Such arrangements have been made by Mr. Barlow and Mr.
Donaldson, at Algiers and Leghorn, as will doubtless insure
the payment of the $400,000 originally expected from the
latter place; and the same house have become engaged to the
Dey and Regency for the residue of the money due as the
price of peace, without which he would not agree to the
redemption of the captives.
The Secretary of the Treasury estimates
these further sums to be provided to fulfil
the terms of the Treaty $255,759
For two years' annuities to the Dey 99,246
To which are to be added the 10,000
sequins promised by Mr. Barlow and Mr.
Donaldson, mentioned in their letter 18,000
And the expenses of the captives performing
quarantine at Marseilles, and transporting
them to America, estimated by
the Consul at Marseilles, at about 6,500
-------
379,505
On the 31st ultimo I received a letter from Mr. Barlow,
dated the 13th of July, informing that the agent, Mr.
Famin, at Tunis, who had been recommended to him by the
French Consul Herculias, had concluded, with the Bey of
that Regency, a truce for six months, from the 15th day of
June last, and that without any presents.
TIMOTHY PICKERING,
_Secretary of State._
DEPARTMENT OF STATE, January 6, 1797.
WEDNESDAY, February 22.
_Mediterranean Powers._
The bill for making appropriations to defray the expense of negotiations
with Mediterranean powers, was also read the third time. The provisions
of this act, (which has been the subject of the various discussions
which have lately taken place with closed galleries) are to the
following effect:
"That the President of the United States be, and he is
hereby authorized to apply a sum not exceeding 255,759
dollars and three cents, to the expenses which may have
been incurred in any negotiations with Mediterranean
powers, beyond the sums heretofore appropriated; and that
the said sum of 255,759 dollars and three cents, be, and
the same is hereby appropriated for that purpose; and that
a further sum not exceeding 96,246 dollars and 63 cents,
be, and the same is hereby appropriated for discharging the
two first years' annuity to the Dey and Regency of Algiers,
pursuant to treaty, in addition to the gum appropriated for
that purpose by the act of the sixth of May, 1796."
On the question being put that the bill do pass, Mr. GREENUP said he
never liked the bill in any shape whatever; he would therefore express
it now. He then called for the yeas and nays, which were taken, and
stood ayes 63, noes 19, as follow:
YEAS.--Fisher Ames, Abraham Baldwin, Theophilus Bradbury,
Nathan Bryan, Daniel Buck, Dempsey Burges, Thomas
Claiborne, Joshua Coit, Isaac Coles, William Cooper, James
Davenport, Henry Dearborn, George Dent, George Ege, William
Findlay, Dwight Foster, Jesse Franklin, Nathaniel Freeman,
jr., Albert Gallatin, Ezekiel Gilbert, Henry Glenn,
Chauncey Goodrich, Roger Griswold, Robert Goodloe Harper,
Carter B. Harrison, Thomas Hartley, Jonathan N. Havens,
Thomas Henderson, William Hindman, Aaron Kitchell, John
Wilkes Kittera, George Leonard, Matthew Locke, Samuel
Lyman, James Madison, Francis Malbone, John Milledge,
Andrew Moore, Frederick A. Muhlenberg, John Nicholas,
Alexander D. Orr, John Page, Josiah Parker, Elisha R.
Potter, John Richards, Robert Rutherford, John S.
Sherburne, Samuel Sitgreaves, Thompson J. Skinner, Jeremiah
Smith, Nathaniel Smith, Israel Smith, Isaac Smith, Richard
Sprigg, jr., Thomas Sprigg, Zephaniah Swift, George
Thatcher, Richard Thomas, Mark Thompson, Philip Van
Cortlandt, Joseph B. Varnum, Peleg Wadsworth, and John
Williams.
NAYS.--David Bard, Thomas Blount, Samuel J. Cabell, Gabriel
Christie, John Clopton, James Gillespie, Christopher
Greenup, John Hathorn, John Heath, James Holland, Andrew
Jackson, George Jackson, William Lyman, Samuel Maclay,
Nathaniel Macon, William Strudwick, John Swanwick, Abraham
Venable, and Richard Winn.
On motion of Mr. GALLATIN, the title was changed to "a bill to authorize
the PRESIDENT OF THE UNITED STATES to apply further sums to defray the
expenses of the negotiation with the Dey and Regency of Algiers."[11]
_John Cleves Symmes._
On motion of Mr. GALLATIN, the House took up the bill in addition to an
act for granting certain lands to John Cleves Symmes and his associates;
when
Mr. COIT moved to strike out the first section. His object, he said, was
to gain information, particularly with respect to the survey.
Mr. GALLATIN (who was Chairman of the Committee which made the report)
gave a concise history of the business; which satisfied Mr. COIT, who
withdrew his motion; and the bill was ordered to be read a third time
to-morrow.
The particulars of this case are as follows:
John Cleves Symmes and his associates entered into a contract with the
United States in the year 1787, for a million acres of land in the
North-western Territory, at a time when the geography of that country
was not well understood. The tract was to extend twenty miles up the
Great Miami to the Little Miami; but when this line came to be measured,
it was found that it cut the Little Miami in several places on land
which had been reserved by Virginia at the cession of this Territory to
the United States. Mr. Symmes was down in the country before he knew the
line thus drawn would thus cut into the lands of Virginia. The first
thing he did was to take possession of the country which is between Fort
Washington and the Little Miami, and to sell as much as he could of it.
General St. Clair, the Governor of that Territory, threatened to drive
Mr. Symmes and the settlers off this territory to which he had no right.
The innocent settlers, who had purchased the land of Mr. Symmes, sent
forward representations of their case to the PRESIDENT, which, together
with the representations of the Governor, produced an act to change the
boundary line of the purchase, which was passed April 12, 1792. This act
describes the boundary line of the tract of land to be between the two
Miamis and the Ohio. Mr. Ludlow was sent to survey it in 1793, when it
was found, that instead of there being one million of acres, there were
only five hundred and forty-three thousand nine hundred and fifty, which
was duly surveyed, and the survey lodged in the Treasury Office on the
10th of January, 1794. Here arose the first difficulty. The act passed
to change the boundary line could not take place without the consent of
Mr. Symmes. In consequence, the law was said to be enacted at the
request of Mr. Symmes. In 1794, Mr. S. had not made any request,
consequently the law was a nullity. He might at that time have said, he
would not have the land upon any other than the original contract, and
that it was the business of the United States to make up the deficiency;
and, if he had so acted, it is probable Congress would have been obliged
to have found him one million of acres of land, agreeably to his
contract; but, at that time, lands were not raised to so high a price as
they were now, and Mr. S. did not think it necessary to avail himself of
his contract. On the 11th April, 1792, a petition was presented in his
name, stating, that from an advance in the price of certificates,
resulted the impossibility of fulfilling his contract, and prayed that
an abatement might be made in the price of the land. On the 27th
September, 1794, instead of saying he would not abide by the new
boundary, he requests an alteration may be made in the boundary.
Notwithstanding this request, Mr. S. now says, he did not know any thing
of the survey, though more than nine months since it was made. At first
sight, it would be supposed the contract was void for want of
fulfilment; but as he says he never received from the public a
counterpart of the contract (though it is generally supposed he had in
some way got possession of a copy, but no proof existing of it,) the
claim was not forfeited. A circumstance was mentioned which seemed to
convey a strong supposition that Mr. S. was acquainted with the survey.
The day following the request he had made for the new boundary, was
issued to him a patent for three hundred thousand acres, referring to
that survey. Mr. S. now objects to the releasement which was given of
his first purchase as not being complete. It was stated that he had
taken possession of land to which he was no way entitled. The necessity
of the act being immediately passed appeared from an advertisement
(which Mr. GALLATIN read from a newspaper of that country) inviting
persons to come and purchase, under an assurance that his original
purchase would be completed. Mr. G. said that he had been offered some
part of the land at a dollar an acre; he was informed that it would sell
for two to settlers. Mr. G. said he knew it to be very capital land; and
if the four hundred and fifty thousand acres which remained would sell
for nine hundred thousand dollars, while he only gave three hundred
thousand for the whole, he would have made a good bargain.
THURSDAY, February 23.
_Direct and Indirect Taxes._