by Lieutenant Norton, of the Indefatigable Razee, commanded by Sir

Edward Peller, afterwards the celebrated Lord Exmouth.

"This seaman was allowed full wages, and on his arrival in the United States was regularly paid, discharged, and not dissatisfied with either the service or country into which he had been forced."-р. 21.

Upon this transaction, so far as Captain Bainbridge was concerned, we have a brief comment to make, and that is, to say in the words of an old and pious writer, that his proceeding was " a clear case in sea-divinity." We do not feel called upon to carry it up into any department of transcendental ethics.

Dr. Harris, in a note on the subject of impressment, after referring to some of the negotiations of the American and British governments upon the subject, adds

"Although the war conferred great benefits on this country, in awakening a proper national spirit-in proving the great importance of a navy as a means of national defence-in showing our ability to repel maritime aggressions, still it failed in compelling Great Britain formally to abandon her offensive claim to her 'right of search.'

"The interests of both nations and the cause of humanity require that the claims of each should be amicably adjusted by a timely negotiation, before events should recur to call into action a practice to which thousands of our citizens have been victims, and which our honour, interest, and sovereignty, will compel us to resist to the last extremity. If the settlement of the principle was important in the days of Mr. Jefferson, it is certainly not less so at this time." -Note, p. 24.

Although the claim has not, it is true, been formally renounced by Great Britain, has not, we would ask, the question been actually and virtually settled? With great respect for the wisdom and ability of the various statesmen by whom this question has been discussed, we hold that the best and most successful negotiation on the subject, because producing most of a result, has been that which, with little regard to the superfluity of courtesy which distinguishes diplomacy, was held upon the open sea. What has been accomplished? It has been shown that the country will deem as adequate cause for war the impressment of her citizens, whether naturalized or native, from her ships. It has been shown, in the second place, that the country can send forth a navy able to compete with the first maritime power in the world. Now what more is needed ? Suppose England involved in a European war, the only contingency in which she would have occasion to renew her claim to impress from our vessels; and does it come within the range of reason, that she would seek to gather up a few seamen at the certain cost of multiplying her enemies, and enlarging the sphere of her hostilities? The question was really settled by the reputation which our navy gained during the late war, and is not likely to be disturbed so long as the country is true to itself, and the navy sustains its character. Whenever, by process of law, permanent allegiance to the country is received from a foreigner, it becomes the right of the country to protect him, for the simplest of all reasons, because it is the duty of the country to protect him. Whether that which constitutes a perfect and absolute right be a fit subject for negotiation, may well be doubted certainly that which is also a duty cannot be under any circumstances, and it would be humiliating to solicit it by diplomacy.

The fidelity and courage displayed by Captain Bainbridge in the discharge of his commercial trusts, induced the secretary of the navy, in the year 1798, to offer him the commission of lieutenant and commander. On accepting it he was ordered to the command of the schooner Retaliation, a prize recently taken from the French; and he sailed upon a cruise in the West Indies, with a small fleet under the command of Commodore Murray. The first of Bainbridge's professional misfortunes befell him during this voyage, his vessel being captured by the French frigate Insurgent and carried into Guadaloupe. The Retaliation was subsequently restored and the prisoners released, after enduring a severe and cruel confinement. During the period of his detention on the island, the sound sense and manly firmness of Bainbridge were abundantly tested in a sort of semidiplomatic intercourse with the French governor, Desfourneaux, who wished to secure certain commercial advantages for the port of Guadaloupe alone, and endeavoured, by holding out some private advantages to him, to obtain Lieutenant Bainbridge's co-operation. There is something very pleasing in witnessing the discomfiture of a veteran and artful diplomatist by the intelligence and decision of a candid and unsophisticated negotiator. A naval commander may sometimes find himself in controversies that do not come exactly within his proper professional sphere-cases not anticipated in his instructions, and in which neither chart nor compass will guide him. Not only the honour of the flag, but the rights and interests of individuals may be at stake. The knowledge of some leading principles of international law may be of importance to him, but more than that it is neither necessary nor desirable for him to aim at. In such emergencies we would commend a naval officer to his own judgment to his own sense of justice, and of propriety. But let him not seek to fortify himself by citations from Vattel and Puffendorf and Bynkershoek. It is a sorry sight that-a sailor among his law books! It would be better wisdom for him to hold sweet counsel with the gunner. If his difficulties continue or increase, let him overhaul the armament and practise the crew at the guns. If the question he is called upon to discuss be especially perplexing-if he should find himself more and more involved in the dark-he will be rather more likely to be illuminated by an old battle-lantern than by poring over the pages of the most learned of the civilians.

In the year 1800, Lieutenant Bainbridge was promoted to the rank of captain. His first voyage after promotion was noted for some incidents of a delicate and mortifying character, which, though resulting solely from the degrading subordination of the country to a barbarian power, were at the same time calculated deeply to wound the feelings of a high-minded and sensitive officer. It is due to the memory of Bainbridge that the events alluded to should be fully and fairly stated, for, with the growing difficulty of realizing the actual state of our maritime weakness at that period, there would arise a disposition to cast censure most unmerited upon his character :

"In the month of May, 1800, Captain Bainbridge was ordered to take command of the frigate George Washington, for the purpose of carrying the tribute which the United States, by existing treaties, were bound to send annually to the regency of Algiers.

"After the George Washington had arrived at Algiers, in September, and placed the tribute into the hands of the United States consul, an extraordinary request was made of Captain Bainbridge, by the dey, that he would carry his ambassador and presents to Constantinople, in order to conciliate the Grand Seignior, whom he had offended by concluding a treaty of peace with France, at a time when Turkey and her British ally were carrying on a war in Egypt against the French army under Bonaparte. He considered it necessary to make every exertion to appease the anger of the Ottoman Porte, and thus avert the chastisement which he so much dreaded. Captain Bainbridge obtained an interview with the dey, and expressed his regret that he could not comply with his request without violating his orders. The dey intimated to him that he must recollect, the frigate was sufficiently in his power to compel an obedience to his demands. Bainbridge, supported by Richard O'Brien, the American consul, who had been at a former period a prisoner at Algiers, a sagacious and intelligent man, and well acquainted with the policy of this regency, made a spirited remonstrance against this arbitrary procedure, which was so revolting to his feelings, and which violated every principle of national law, which, however, had no effect, as the determined purpose of the relentless barbarian remained unaltered. Anchored under the batteries, escape was impossible, and as vengeance was threatened in case his requisition was further opposed, and as a valuable unprotected trade was in danger, it was thought prudent to yield to his arbitrary demands. Captain Bainbridge has stated, in the subjoined extract of a letter, the reasons which influenced him to pursue this

course.

"The Dey of Algiers, soon after my arrival, made a demand that the United States ship, George Washington, should carry an ambassador to Constantinople, with presents to the amount of five or six hundred thousand dollars, and upwards of two hundred Turkish passengers. Every effort was made by me to evade this demand, but it availed nothing. The light in which the chief of this regency looks upon the people of the United States, may be inferred from his style of expression. He remarked to me, - You pay me tribute, by which you become my slaves, I have, therefore, a right to order you as I may think proper.

""The unpleasant situation in which I am placed must convince you that I have no alternative left but compliance, or a renewal of hostilities against our commerce. The loss of the frigate, and the fear of slavery for myself and crew, were the least circumstances to be apprehended; but I knew our valuable commerce in these seas would fall a sacrifice to the corsairs of this power, as we have here no cruisers to protect it. Enclosed is the correspondence between Richard O'Brien, Esq., consul general, and myself, on the subject of the embassy; by which you will see that I had no choice in acting, but was governed by the tyrant within whose power I had fallen.

""I hope I may never again be sent to Algiers with tribute, unless I am authorised to deliver it from the mouth of our cannon. I trust that my conduct will be approved of by the president; for, with every desire to act right, it has caused me many unpleasant moments.'

"On the eve of sailing, a difference arose on the subject of the flag. The dey insisted that the colours of Algiers should fly at the main, that of the United States should be carried at the fore. This honour, he stated, had been always yielded to him by the English, French, and Spanish commanders, who had been employed by him in similar services.1 Bainbridge remonstrated in vain, but at length yielded to a demand which he was induced to comply with, for the same reasons which prompted a compliance with the other arbitrary exactions. Having made no pledges on the subject of the flags, he felt himself at liberty to give precedence to 'the star-spangled banner,' as soon as he was without the reach of the guns of the harbour." - pp. 43-46.

The necessity of the case could only have feebly mitigated the bitter feelings occasioned by such constraint imposed upon a commander entrusted with a fine vessel and crew, conscious that the only course which a true sense of duty directed might expose him to malicious and insidious censure. It appears to have been doubtful whether Captain Bainbridge's conduct was at first favourably regarded by the executive. The secretary of state, in a letter to Mr. O'Brien, the American consul at Algiers, dated May 20th, 1801, uses the following language:

"One subject of equal importance and delicacy still remains. The sending to Constantinople the national ship of war, the George Washington, by force, under the Algerine flag, and for such a purpose, has deeply affected the sensibility not only of the president but of the people of the United States. Whatever temporary effects it may have had favourable to our interests, the indignity is of so serious a nature that it is not impossible that it may be deemed necessary, on a fit occasion, to revive the subject. Viewing it in this light, the president wishes that nothing may be said or done by you, that may unnecessarily

1 In a letter dated Algiers, 8th of March, 1817, addressed to a naval officer in the United States, it is stated that a British frigate was placed at the disposal of Omar, Dey of Algiers, to carry a minister and presents to Constantinople, with a view of conciliating the Ottoman government, which his predecessor had offended. It appears, then, that the dey was correct in stating that services, similar to those rendered by the George Washington, had been performed by the vessels of other nations.

preclude the competent authority from animadverting on that transaction in any way that a vindication of the national honour may be thought to prescribe."

Nothing more than a statement of facts is necessary at the present day for the vindication of Captain Bainbridge's conduct in this affair. The truth is, the national indignity which so deeply affected the president and people of the United States, ought to have been looked for somewhat further back, for it might have been found in the humiliating relation in which the country stood to the Algerine regency. What security could there be for the honour of a tribute-bearing frigate? Verily, we think the dey showed himself a good logician-"You pay me tribute, by which you become my slaves, I have, therefore, a right to order you as I may think proper." The ship was a very good ship to carry tribute from the United States to the Dey of Algiers, and therefore was a very fitting conveyance to be freighted with tribute from the Dey of Algiers to the Grand Seignior:-which we cannot but regard as a very shrewd piece of reasoning; the real fault consisted in furnishing the premises of the argument.

It is perhaps to be regretted that Dr. Harris has not inserted in the Memoir the letter addressed to Captain Bainbridge by Mr. O'Brien, the Americal consul, which may be considered as the most complete statement and vindication of the transaction. The letter may be found in the fourth volume of Wait's State Papers, (p. 354,) and we avail ourselves of the opportunity of supplying the omission by introducing it upon our pages :-

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 businessor 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 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