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Copy of a 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 business-or 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 we 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 Signior, 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 24 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 influenee 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 10 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 he 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 acts of this regency 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-top-gallant-mast-head of the American ship.

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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 drogoman to acquaint the Dey that the consul of the United States, and commandant of the United States ship demanded an audience.

At 2 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, that 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 pre sents it would be better that his flag should be hoisted at the fore-top-gallant-mast-head 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 marine that if this United States ship should haul down her pendant, 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 publick 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

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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 cus toms 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.

(Signed)

Extract of a Letter from Richard O'Brien to the Secretary of State, dated at Algiers, October 22, 1800.

"As the United States ship Washington, captain Bainbridge, has proceeded per force, in fact to save the peace of the United States with Algiers, to prevent captivity and detention to the ship, officers, and crew, and prevent the pretence of a sudden war and pillage and slavery to the

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