ed time to write and receive an answer; but was answered, that if it was not paid immediately, I knew what the consequence would be. I replied, that let the consequence be what it might, I should not pay it. I was then ordered to leave his presence. On descending to the area of the palace, where the Danish consul had been seized, I expected the same compliment which he had met with, and was prepared for it; but finding no one to molest me, I left the palace and returned to my own home, where I supposed the orders would be sent to have me arrested; but the day passed without my hearing any thing more of the matter. In the evening I met the French and Swedish consuls (the others being at their gardens) and we agreed to send for the other consuls the following morning, to concert measures for the liberation of the Dane. At noon we met at the Danish consul's house, with our respective drogermen, and proceeded to the palace, where we had an audience of the dey; who, after some conversation, agreed to release the Danish consul from his chains, at the intercession made for him. From thence we went to the marine (where the consul had been sent to work with the other slaves, carrying a chain of 40lbs. weight) to receive and conduct him to his house.

While we were with the dey on the business before mentioned, he asked me, in presence of the consuls, if I did not intend to pay the money. I answered him as I had done the day before; to which he made the same reply; . and I remain in daily expectation of experiencing the effects of this refusal; which is dictated by a sense of duty, and a conviction that the honour of my country demands such conduct from me. I make no comments on the unpleasantness of my situation. My government and my country will consider it, and do what is right respecting it.

As it is very likely that the cruisers which are now fitting out will have orders to capture American vessels, I have written to our consul in Alicante by this opportunity, which is unexpected, and the only one likely to occur soon, to convey notice to all the consuls of the United States in

this sea to guard our merchant vessels against the evil which may occur. A copy of my letter to him I have now the honour to enclose. In consequence of the barbarous outrage which has been committed on the Danish consul, and threatened to be put in execution against me, the consuls have been brought to reflect on their precarious situation here; and I trust, that in a few days, there will be a compact entered into among us, that we will use our best endeavours to enforce that article, which exists in all the treaties between this regency and christian powers, securing the person and family of the consuls from violence and outrage, in consequence of any thing he may do in the exercise of his official functions; and I hope each one will bind himself not to do any act as a publick agent, while any one is held in, or threatened with, durance vile.....Our respective governments, I trust, will sanction such a measure, and give orders to their consuls accordingly.

Notwithstanding all I have stated, it is possible that the dey may not proceed to extremities towards me, or commit hostilities on our commerce and citizens, until I hear from my government on the subject.....But I have thought it my duty to guard as much as possible against the evil, by giving notice to our vessels which may be in this sea, as well as those in the Atlantic; for, at present, there is nothing to prevent their cruisers from passing the straits.

The camp is expected to march in a few days against Tunis, and their cruisers are said to be intended for that quarter; but there is no doubt but some of them will cruise in every part of this sea, and probably go into the Atlantic. With sentiments of the highest respect, and most sincere attachment, I have the honour to be, sir, &c.

TOBIAS LEAR.

The Hon. JAMES MADISON, Sec. State
of the U. States of America, Washington.

[FOURTH COPY]

SIR,

ALGIERS, MARCH 31, 1808.

A COPY of what I had the honour of writing to you, on the 28th instant, accompanies this, with its enclosures. * VOL. III. 40

The vessel which took the aforesaid letter did not sail until the 29th.

Yesterday I sent my drogerman to the palace to know of the dey what were his ultimate intentions (if he chose to declare them) respecting the business mentioned in my last; and to request that I might be allowed three months to receive the orders of my government. The answer brought was, that if I paid the money in the course of the day, we should stand as we were before; but if I did not, he would pursue his own measures. As I was yet uncertain whether his threats would be put in execution against me personally, or against our commerce, I remained fixed in my first resolution. This morning, the two frigates, which had been preparing for sea for some days past, made the signal for sailing; and a formal message was sent to inform me that they had orders to capture American vessels. I saw them unmoor; and as I was now convinced from this, as well as from other indubitable evidence, that they had received orders to capture our vessels, (the threats of personal violence to me having had no effect) I thought it a duty which I owed to my government and to my country, to prevent, if possible, the calamity which might fall on our citizens and their property. I therefore sent to inform the dey, that if he should recall his orders from those vessels before they sailed, and make no renewal of them to these or others, I would pay the money; but that I considered it as a measure forced upon me, and as such should represent it to my government. The order was recalled after the frigates had got under way, and the money is to be paid to-morrow; which I shall obtain by bills on Mr. Gavino, our consul in Gibraltar, to whom I shall give bills on the secretary of state of the United States to meet the same. The frigates have gone out, and the other cruisers will be got ready for sea immediately. A vessel is expected to sail in a few days for Alicante, by which I shall write to our consul contravening the positive advices for our vessels not to leave the ports in which they may be; but at the same time, directing them to be strictly on their guard.

I have this day had an opportunity of writing to Tripoli (which is the first that has occurred for more than three months) and I have improved it; and by the same route, to Tunis also, giving information of what has passed.

Painful as has been my situation in this affair, I feel conscious of having discharged my duty to my country in the best and indeed only manner in my power. While I could believe that the consequence of refusing to make this unjust payment would fall upon me personally, I was ready to meet it; but when I was convinced that my country would suffer in the persons and property of its citizens, I was obliged to yield.

My letters which accompany this, contain all I have to say on our affairs here, and I shall only add the assurances of high respect and sincere attachment with which I have the honour to be, &c. TOBIAS LEAR.

Hon. JAMES MADISON, Sec. of State

of the United States.

MESSAGE

FROM THE PRESIDENT OF THE UNITED STATES, TRANSMITTING COPIES OF ALL ACTS, DECREES, ORDERS AND PROCLAMATIONS, AFFECTING NEUTRAL RIGHTS, SINCE DECEMBER 23, 1808.

1791.

ACCORDING to the request of the house of representatives, in their resolution of November 11, that copies should be laid before them of all acts, decrees, orders, and proclamations, affecting the commercial rights of neutral nations, issued or enacted by Great Britain and France, or any other belligerent power, since the year 1791, and also of an act placing the commerce of America, in English ports, upon the footing of the most favoured nation, I now transmit them a report of the secretary of state, of such of them as have been attainable in the department of

state, and are supposed to have entered into the views of the house of representatives.

TH: JEFFERSON.

DEPARTMENT OF STATE, DEC. 21, 1808.

THE secretary of state, in pursuance of the resolution of the house of representatives of the 11th of November, respectfully reports to the President of the United States, a copy of an act of the British parliament regulating the trade between the United States and Great Britain, and also copies of such belligerent acts, decrees, orders, and proclamations, as affect neutral rights of commerce, and as have been attainable in the department of state; with the exception, however, of sundry acts, particularly blockades of doubtful import or inferiour importance, which it was supposed would have inconveniently extended the delay and the size of the report.

JAMES MADISON.

BRITISH ORDERS IN COUNCIL, &c. &c.

1793. March 25. Extract from the Russian treaty.

June 8. Additional instructions, with respect to corn, meal, &c. &c.

Nov. 6. do. Detention of neutral vessels laden with goods the produce of French colonies, &c. 1794. Jan. 8. Revocation of the last order, and the enactment of other regulations.

1798. Jan. 25. Revocation of the last order, and the enactment of new regulations.

Nov. 27.

1808. June 24.

1799. March 22. Blockade of all the ports of Holland. Suspension of the blockade of Holland. Direct trade between neutrals and the colonies of enemies not to be interrupted, unless upon the outward voyage contraband supplies shall have been furnished by the neutrals.