Part 1

THE SOUTHERN LITERARY MESSENGER:

DEVOTED TO EVERY DEPARTMENT OF LITERATURE AND THE FINE ARTS.

Au gré de nos desirs bien plus qu'au gré des vents. _Crebillon's Electre_.

As _we_ will, and not as the winds will.

RICHMOND: T. W. WHITE, PUBLISHER AND PROPRIETOR. 1835-6.

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SOUTHERN LITERARY MESSENGER.

VOL. II. RICHMOND, DECEMBER, 1835. NO. 1.

T. W. WHITE, PROPRIETOR. FIVE DOLLARS PER ANNUM.

PUBLISHER'S NOTICE.

The gentleman, referred to in the ninth number of the Messenger, as filling its editorial chair, retired thence with the eleventh number; and the intellectual department of the paper is now under the conduct of the Proprietor, assisted by a gentleman of distinguished literary talents. Thus seconded, he is sanguine in the hope of rendering the second volume which the present number commences, _at least_ as deserving of support as the former was: nay, if he reads aright the tokens which are given him of the future, it teems with even richer banquets for his readers, than they have hitherto enjoyed at his board.

Some of the contributors, whose effusions have received the largest share of praise from critics, and (what is better still) have been read with most pleasure by that larger, unsophisticated class, whom Sterne loved for reading, and being pleased "they knew not why, and care not wherefore"--may be expected to continue their favors. Among these, we hope to be pardoned for singling out the name of Mr. EDGAR A. POE; not with design to make any invidious distinction, but because such a mention of him finds numberless precedents in the journals on every side, which have rung the praises of his uniquely original vein of imagination, and of humorous, delicate satire. We wish that decorum did not forbid our specifying other names also, which would afford ample guarantee for the fulfilment of larger promises than ours: but it may not be; and of our other contributors, all we can say is--"by their fruits ye shall know them."

It is a part of our present plan, to insert _all original communications_ as editorial; that is, simply to omit the words "For the Southern Literary Messenger" at the head of such articles:--unless the contributor shall especially desire to have that caption prefixed, or there be something which requires it in the nature of the article itself. _Selected articles_, of course, will bear some appropriate token of their origin.

With this brief salutation to patrons and readers, we gird up ourselves for entering upon the work of another year, with zeal and energy increased, by the recollection of kindness, and by the hopes of still greater success.

SKETCHES OF THE HISTORY

AND PRESENT CONDITION OF TRIPOLI, WITH SOME ACCOUNTS OF THE OTHER BARBARY STATES.

NO. IX.--(Continued.)

About this period commenced those differences between France and the Algerine Government, which led to the overthrow of the latter, and the establishment of the French in Northern Africa; the circumstances which occasioned the dispute were however of much older date.

Between 1793 and 1798 the French Government on several occasions obtained from the Dey and merchants of Algiers, large quantities of grain on credit, for the subsistence of its armies in Italy, and the supply of the Southern Department where a great scarcity then prevailed. The creditors endeavored to have their claims on this account satisfied by the Directory, but that incapable and rapacious Government had neither the principle to admit, nor the ability to discharge such demands; every species of chicanery was in consequence employed by it in evading them, until the rupture with Turkey produced by the expedition to Egypt placing the Barbary States either really or apparently at war with the French Republic, a pretext was thus afforded for deferring their settlement indefinitely. Under the Consular _regime_ however, a treaty of peace was concluded with Algiers on the 17th of December 1801, by the thirteenth article of which, the Government of each State engaged to cause payment to be made of all debts due by itself or its subjects to the Government or subjects of the other; the former political and commercial relations between the two countries were re-established, and the Dey restored to France the territories and privileges called the _African Concessions_, which had been seized by him on the breaking out of the war. This treaty was ratified by the Dey on the 5th of April 1802, and after examination of the claims on both sides, the French Government acknowledged itself debtor for a large amount to the Jewish mercantile house of Bacri and Busnach of Algiers, as representing the African creditors. Of the sum thus acknowledged to be due, only a very small portion was paid, and the Dey Hadji Ali seeing no other means of obtaining the remainder, in 1809 seized upon the _Concessions_; they were however of little value to France at that time, when her flag was never seen in the Mediterranean, and their confiscation merely served as a pretext for withholding farther payment. In 1813, when the star of Napoleon began to wane, and he found it necessary to assume at least the appearance of honesty, he declared that measures would be taken for the adjustment of the Algerine claims; but he fell without redeeming his promise, and on the distribution of his spoils, the Jewish merchants had not interest enough to obtain their rightful portion, which amounted to fourteen millions of francs.

Upon the return of the Bourbons to the throne of France, the government of that country became desirous to renew its former intercourse with the Barbary States, and to regain its ancient establishments and privileges in their territories, which were considered important from political as well as commercial motives. For this purpose, M. Deval a person who was educated in the East and had been long attached to the French Embassy at Constantinople, was appointed Consul General of France in Barbary, and sent to Algiers with powers to negotiate. The first result of this mission, was a convention which has never been officially published; however in consequence of it the _African Concessions_ were restored to France, together with the exclusive right of fishing for coral on the coasts in their vicinity {2} and various commercial privileges; in return for which the French were to pay annually to Algiers, the sum of sixty thousand francs. It appears also to have been understood between the parties, that no fortifications were to be erected within the ceded territories in addition to those already standing, and that arrangements should be speedily made for the examination and settlement of all their claims on both sides, not only of those for which provision was made in the treaty of 1801, but also of such as were founded on subsequent occurrences; after this mutual adjustment the treaty of 1801 confirming all former treaties was to be in force.

The annual sum required by Omar for the _Concessions_, was much greater than any which had been previously paid for them by France; Hussein however immediately on his elevation to the throne, raised it to two hundred thousand francs, and he moreover declared, that the debt acknowledged to be due to his subjects must be paid, before any notice were taken of claims which were still liable to be contested. In opposition to these demands, the French endeavored to prove their right to the territories of Calle and Bastion de France by reference to ancient treaties both with Algiers and the Porte, in which no mention is made of payment for them; with regard to the claims, they insisted that the only just mode of settlement, was by admitting into one statement all the demands which could be established on either side, and then balancing the account. The Dey however remained firm in his resolution, and exhibited signs of preparation to expel the French from the _Concessions_, when their government yielded the point concerning the amount to be annually paid.

A compromise was made respecting the claims between the French Government and the Agents of the Algerines, on the 28th of October, 1819; as the articles of this agreement have never been published, its terms are only to be gathered from the declarations of the French Ministers in the Legislative Chambers, and the semi-official communications in the _Moniteur_ the organ of the Government. From these it appears that the French Government acknowledged itself indebted for the sum of seven millions of francs, to Messrs. Bacri and Busnach, which was to be received by them in full discharge of claims on the part of Algiers, under the thirteenth article of the treaty of 1801; from this sum however was to be retained a sufficiency to cover the demands of French subjects against Algiers under the same article, which demands were to be substantiated by the Courts of Law of France; finally, each party was to settle the claims of its own subjects against the other, founded on occurrences subsequent to the conclusion of the said treaty. The French historical writers affect to consider this arrangement entirely as a private affair between their Government and the Jewish merchants, and indeed the Ministry endeavored at first to represent it in that light to the Legislature; but they were forced to abandon this ground when they communicated its stipulations, and the Minister of Foreign Affairs declared in the Chamber of Deputies, that the Dey had formally accepted it on the 12th of April 1820, and had admitted that the treaty of 1801 was thereby fully executed.

In order to comply with this arrangement, a bill requiring an appropriation of seven millions of francs was in June, 1820, submitted by the French Ministry to the Legislative Chambers, in both of which its adoption was resisted by the small minority then opposed to the Government. The debates on this occasion are worthy of notice, as many of the arguments advanced against the appropriation, have been since employed to defeat the bill for executing the treaty of 1831 by which the United States were to be indemnified for the injuries inflicted on their commerce by Napoleon. The claims against France were in both cases pronounced _antiquated_ and _obsolete_ [_vieilles reclamations, créances dechues_] and the fact that they had long remained unsettled, was thus deemed sufficient to authorize their indefinite postponement. The great diminution to which the creditors had assented, was considered as affording strong presumption that their demands were destitute of foundation; and the probability that many of the claims, had been purchased at a low price by the actual holders, from the persons with whom the contracts were originally made, was gravely alleged as a reason for not satisfying them. The advantages secured to France by each Convention were examined in detail, and compared with the sums required for extinguishing the debts; and the Ministry were in both cases censured for not having obtained more in return for their payment. It is not surprising to hear such sentiments avowed by men educated in the service of Napoleon, but it is painful to find them supported by others distinguished for their literary merits, and for their exertions in the cause of liberty.

The bill for the appropriation of the seven millions of francs, was passed by a large majority in both Chambers, the influence of the Crown being at that period overwhelming. Four millions and a half were in consequence paid within the ensuing three years to the Jewish merchants, who having thus received the whole amount of their own demands retired to Italy; the remaining two and a half millions were retained by the Government of France in order to secure the discharge of the claims of its subjects, under the treaty of 1801, which were yet pending in the Courts of the Kingdom. At the retention of this sum, the Dey was, or affected to be at first much surprised, and he insisted that the Government should hasten the decisions of the Courts; however as years passed by without any signs of approach to a definitive settlement, his impatience became uncontrollable. Moreover in addition to the annoyance occasioned by this constant postponement, he was much dissatisfied, on account of the fortifications which the French were erecting at Calle, contrary as he insisted to the understanding between the parties at the time of its cession. To his observations and inquiries on both these subjects he received answers from the French Consul which were generally evasive and often insulting, until at length wearied by delays and having strong reason to believe that M. Deval had a personal interest in creating obstacles to an adjustment of the difficulties, he determined to address the French Government directly. Accordingly in 1826 he wrote a letter to the Minister of Foreign Affairs of that country, in which after indignantly expressing his sense of the conduct of the French Government, in the retention of this large sum and the erection of fortresses in the _Concessions_, he required that the remainder of the seven millions should be immediately paid into his own hands, {3} and that the French claimants should then submit their demands to him for adjustment.

No notice having been taken of the Dey's letter, the Algerine cruisers began to search French vessels in a manner contrary to the terms of existing treaties, and to plunder those of the Papal States which were by a Convention to be respected as French. Besides these acts of violence the Dey shortly after issued a proclamation declaring that all nations would be permitted on the same terms to fish for coral near the coasts of his Regency. M. Deval complained of these proceedings at a public audience on the 27th of April, 1827; Hussein in reply haughtily declared that he had been provoked to them by the bad faith of the French, and that he should no longer allow them to have a cannon in his territories, nor to enjoy a single peculiar privilege; he then demanded why his letter to the French Ministry had not been answered, and when M. Deval stated that his Government could only communicate with that of Algiers through himself, he was so much enraged that he seized a large fan from one of the attendants, with which he struck the representative of France several times before he could leave the apartment.

As soon as the French Government was informed of this outrage, a schooner was despatched to Algiers with orders to M. Deval to quit the place instantly; a squadron was also sent in the same direction, under the command of Commodore Collet who was charged to require satisfaction from the Dey. The schooner arrived in Algiers on the 11th of June, and M. Deval embarked in her on the same day, together with the other French subjects resident in the place, leaving the affairs of his office under the care of the Sardinian Consul. At the entrance of the bay the schooner met the French squadron, consisting of a ship of the line, two frigates and a corvette; M. Deval then joined the Commodore, and after consultation between them as to the nature and mode of the reparation to be demanded, the schooner was sent back to Algiers with a note containing what was declared to be the _ultimatum_ of the French Government. This note was presented to Hussein on the 14th; in it the Dey was required to apologize for the offence committed against the dignity of France, by the insult to its representative; and in order to make the apology the more striking and complete, it was to be delivered on board the Commodore's ship, by the Minister of Marine, in the presence of M. Deval, and of all the foreign Consuls resident in Algiers, whose attendance was to be requested; the French flag was then to be displayed on the Casauba and principal forts, and M. Deval was to receive a salute of one hundred and ten guns.

The policy as well as the generosity of requiring such humiliating concessions from the Government of any country, may be questioned, but it is certainly hazardous to make the demand unless it be accompanied by the display of a force calculated to insure immediate compliance. Decatur indeed with a force perhaps inferior to that of Collet, propounded terms to Omar Dey in 1815, which were really much more onerous to Algiers than those offered on the present occasion by the French; they were accepted, and it is therefore needless to inquire what would have been his course in the other alternative. Collet was not so fortunate; his demands were rejected with scorn and defiance by Hussein, who added that if the Commodore did not within twenty-four hours land and treat with him on the subjects in dispute between the two nations, he should consider himself at war with France. The French Commander did not think proper to comply with this invitation, and declared the place in a state of blockade, under the expectation probably that the distress produced by such a measure, might occasion discontent and commotions which would either oblige the Dey to lower his tone, or lead to the destruction of so refractory an enemy. Recollecting however what had occurred at Bona in May 1816, he adopted the precaution of sending vessels to the various establishments in the _Concessions_, in order to bring away the Europeans who were there, under the protection of the French flag; these vessels succeeded in rescuing the people, who were transported to Corsica, but their dwellings and magazines were rifled by the Bey of the Province, who had just received orders to that effect, and the fortifications at Calle were entirely destroyed.

The preceding account of the circumstances which led to the war between France and Algiers, will be found by comparison to vary considerably from those given by the French historical writers, and to be defective and unsatisfactory with regard to several important particulars, which are stated by them with great apparent clearness and confidence. To these objections, only general replies can be made; this account has been drawn entirely from original sources, and where they failed to supply the requisite information, silence has been preferred to the introduction of statements on doubtful authority. The only publications on the subject which may be termed official, are the declarations of the French Ministers contained in the Reports of the Debates in the Legislative Chambers, and the articles on the subject in question inserted from time to time in the _Moniteur_, the avowed organ of the Government. From the Algerines we have nothing. The conventions of which the alleged non-fulfilment occasioned this rupture have been withheld by the French Ministry; no account has been given of the claims against Algiers brought before the French Courts, of the causes which retarded the decisions respecting them, of the amount demanded or awarded; without precise information as to these particulars, it is impossible to form a correct judgment of the case. This silence and the vagueness and reserve so apparent in the communications of the French Government, on the subject, are certainly calculated to create suspicions, as to its sincerity in maintaining its engagements, and these suspicions are increased by an examination of its conduct throughout the whole affair.

It would be incompatible with the character or plan of these Sketches, to give a review of the proceedings of the French Government; the impression produced on the mind of the author, by a diligent study of the case, is that the parties in the dispute mistrusted the intentions of each other. The French were anxious to make permanent establishments on the coast of Northern Africa, which Hussein who had much more definite ideas of policy than perhaps any of his predecessors, determined from the commencement of his reign to oppose; before resorting to violent measures however, he wished to secure the payment of the large debt {4} due to himself and his subjects. The French having good reason from his conduct, to apprehend that as soon as he had received the whole of the sum, which they had engaged to pay, he would find some pretext to expel them from his dominions, may have had recourse to the old expedient of withholding a part, in order that he might be restrained from aggressions by the fear of losing it. We have no means of ascertaining the share which M. Deval may have had in producing or increasing the difficulties, but there is reason to believe that it was not inconsiderable; his conduct is admitted to have been highly imprudent and indeed improper, even by the best French authorities, and it was condemned as dishonorable by the Dey, as well as by the most respectable portion of the Consular body at Algiers.

Before entering upon the events of this war it will be proper to advert to the situation of the other Barbary States, and to notice the principal occurrences which transpired in them about this period.

It would be uninteresting to recount all the attempts made by the inferior powers of Europe to preserve peace with the Barbary Regencies; sufficient has been said to demonstrate the vainness of the expectation that the rulers of those states would be restrained from any course which promised to be immediately beneficial to their interests, by regard for engagements however solemnly taken. The King of the Netherlands by a judicious display of firmness in 1824, succeeded in preventing his country from being rendered tributary to Algiers; but he, as well as the sovereigns of Sweden and Denmark, continued to pay large annual sums to Tunis and Tripoli.

In Tunis, no events of much importance transpired during the reign of Mahmoud, which have not been already mentioned. The Regency continued at peace with foreign nations, and its situation was in general prosperous, notwithstanding the desolation produced by a plague in 1818, an extensive conspiracy headed by the Prime Minister in 1820, and the frequent contests between the adherents of Hassan and Mustapha the two sons of the Bey. Mahmoud at length died quietly on the 28th of March 1824, and Hassan succeeded without opposition.

A short time previous to the death of Mahmoud, some alterations not very material indeed, yet favorable on the whole to the United States, were made in the treaty concluded between their Government and that of Tunis in 1797. One of the amended articles provides--that no American merchant vessel shall be detained against the will of her captain in a Tunisian port, unless such port be closed for vessels of all nations, and that no American vessel of war should be so detained under any circumstances. This was considered by the British Government at variance with the terms of the engagement made with Admiral Freemantle in 1812, by which the armed vessels of nations at war with Great Britain were not to be suffered to leave a Tunisian port within twenty-four hours after the sailing of a British vessel; and the Consul was directed to ask for explanations on the subject from the Bey. Hassan who had by this time succeeded to the throne replied positively, that there was nothing contradictory in the two stipulations, and that this agreement had been made with the United States, merely in order to place them on a level with other nations. As the British Government had thought proper to make the inquiry, it is strange that it should have been satisfied with such an answer; however, under the condition of things then existing and the probabilities with respect to the future, it was certainly not worth while to press the matter further.