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

the Estedio. 118 In early April 1816, Shaler left his residence at Algiers to the
flagship and preparations were made for attacking Algiers, then the project was
abandoned. 119 On April 11, the Dey received the new commissioner Oliver H.
Perry and explained that the bad faith of the United States in failing to restore
the brig rendered his agreement with Decatur void. 120 The Dey defended his
position on the basis of the treaty itself. Indeed, a clause in Article 16 stipulated
that in case the resident consul could not settle an arising dispute:
the Government of that country shall state their grievance in writing, and
transmit the same to the government of the other, and the period of three
months shall be allowed for answers to be returned, during which time
no act of hostility shall be permitted by either party. 121
The Americans decided to cease hostilities pending an answer from the
American government. Meanwhile, Dey Omar wrote a letter to Madison
explaining why he considered the treaty of 1815 not binding for Algiers. 122 The
answer of Madison refuted the argument of Dey Omar; Madison stated: “It is a
principle incorporated into the settled policy of America, that as peace is better
than war, war is better than tribute.” 123 Madison’s letter was dated August,
1816 but a letter from him to Monroe dated June 25, 1816 shows that Madison
118 The Spanish delivered Mashouda but retained Estedio arguing that it was captured in Spanish
waters. The difference between Algiers and the United States on the one hand, and between the United
States and Spain on the other persisted until the Estedio was delivered late in 1816. See for example
Monroe’s report to Madison about negotiations with the Spanish, WJMPPP, 5:336-37, To the
President, June 7, 1816.
119 Shaler, Sketches of Algiers, p. 131; also Irwin, Diplomatic Relations, p. 183.
120 Ibid.
121 SaL, 8:226.
122 The letter of the Dey of Algiers the president of the United States appears in Shaler, Sketches of
Algiers, pp. 276-78. The letter was probably dated April 15, 1816 as the chronology of events shows.
Today, it is considered as a mere curiosity in diplomatic writings, see for example, Ralph W. Page,
Dramatic Moments in American Diplomacy (Garden City, New York: Doubleday, Page & Company,
1918p, pp. 96-104. See also Appendix 15.
123 LWJM, 3:15-17, To the Dey of Algiers, August, 1816. See Appendix 16.
368