Ottoman Algeria in Western Diplomatic History with ... - Bibliothèque

treaty was sacred and that was agreed on in 1795: “Joseph Donaldson on the
Part of the United States of North America agreed with Hassan Bashaw Dey of
Algiers to keep the Articles Contained in this Treaty Sacred and inviolable.” 81
For Dey Hadj Ali Khodja, the United States violated the treaty; consequently
he sent for the copy of the treaty that was in the possession of Lear and asked
him to leave Algiers with all other Americans present there—he even
threatened to ‘put them in chains’ if the arrears were not paid for. 82 For him,
the treaty was not respected; therefore, he resorted to the often used method in
corsairing diplomacy to force respect of treaties: seizure of vessels. Late in
August 1812, Algerian corsairs seized an American vessel and its crew was
imprisoned. 83 When Madison addressed Congress on November 4, 1812,
relations with Algiers were a tiny point in his message. For Madison then it
was not clear whether the ‘forced’ departure of Lear was a declaration of war
on the United States by Algiers or not: “Whether this was the transitory effect
of capricious despotism, or the first act of predetermined hostility, is not
ascertained.” 84
Shortly before the Alleghany incident, however, Lear had already
gathered enough intelligence susceptible to help his government declare war on
81 SaL, 8:137.
82 SPPD, 9:126-26, Lear, July 29, 1812. Lear reported that when he asked for his copy, the Dey said
“that when a consul was sent away, he [the Dey] should always keep his treaty, and that such had ever
been the custom at Algiers.” Today, this copy is always considered lost. Of the 4 originals in English,
only the copy now at the Department of State survived. Miller, Treaties of the United States, The
Avalon Project at Yale Law School.
83 SPPD, 9:435, Report of the Secretary of State Relative to the Barbary Powers, Feb. 20, 1815; ibid.,
9:437-8, Report Relative to Protection of American Commerce against Algerine Cruisers, March 3,
1815. The report provided ample information about the seizure of the Edwin, the ship in question.
84 Ibid., Message from the President of the United States to both Houses of Congress, Nov. 4, 1812;
WJM, 8:227, Fourth Annual Message, Nov. 4, 1812.
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