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DOCUMENTS 
 
 RELATIVE TO 
 
 THE CLAIM 
 
 I B J 
 
 a 
 
 WITH HEB 
 
 EJ1RNEST REQUEST 
 
 THAT 
 
 THE GENTLEMEN OF CONGRESS WILL TAKE 
 THE TROUBLE TO READ THEM. 
 
 (iffeorfletoton, S. <£♦ 
 
 •TAMES C. OVXM, PRINTER; BRIBBB.STREBT. 
 1826. 
 
£■- 
 
 
 ^f WASHING.!^ 
 
£99 
 
 GEORGETOWN, December 1st, 1826. 
 
 Dear Sir: 
 
 I cannot help fearing that, in the interval which 
 has elapsed since the adjournment of Congress, the merits 
 of my claim maj have escaped from your memory, and my 
 documents from your hands; and I therefore again heg leave 
 to draw your attention to them. I have during the recess, 
 collected some further testimony, which was called for at 
 the last session, and which, I trust, will he found to corro- 
 bora v ;" +hat which had been previously laid before you. 
 
 It was asserted during the discussion of the claim, to be 
 '♦highly improbable that the ship could have been taken out 
 of the harbour; the wind being ahead." In answer to which, 
 I beg leave to point out the unquestionable fact, that the wind 
 was so far favourable as to enable the ketch to clear the har- 
 bour in a very short time, and without any material injury; 
 and I will also refer you to the public histories of the trans- 
 action, (which I shall subjoin) published many years ago, 
 when the historians could have had no motive for misrepre- 
 senting the state of the wind; for they could not have sup- 
 posed that either national or individual glory had been ob- 
 tained from " sailing triumphantly out of the harbour with 
 a favouring breeze." It was moreover the opinion of my 
 husband, that he could have towed the ship out (the distance 
 being only two miles) if the wind had been adverse; that her 
 guns, which were all loaded, would have protected the ketch 
 while engaged in that operation; that it being dark, they had 
 nothing to apprehend from the batteries; and that it was the 
 flames of the frigate that exposed them to the view of the 
 enemy, and "greatly increased the peril of the enterprise. 
 The opinion of Com. Jones, who Mas in Tripoli at the 
 time, and the certificate of the pilot of the expedition, \ sub- 
 mitted to you on a former occasion. 
 
v \ 
 
 There were some other objections raised against the claim, 
 which I think would be obviated by a careful perusal of 
 Commodore Preble's orders: they were not to set fire to the 
 ship with congreve rockets; nor with matches clandestinely 
 applied; nor by any stratagem that did not imply previous 
 victory, and actual possession; — but his first order was to 
 "board," — which in technical language means, to fight in 
 the most desperate manner," — and to "carry all by the 
 sword"; and so soon as that was accomplished, the prize 
 was, under the existing law, the property of the captors; and 
 if they had hecn permitted to take her to the squadron, the 
 existing law would have secured to them all the benefits. 
 That she was not so disposed of, was owing wholly to the 
 imperative order of the commander in chief, who thought it 
 more prudent to have her differently disposed of; but he had 
 no idea that his order to bum, could affect in any degree 
 the rights of the captors; and he was so mortified to find the 
 ship was not promptly paid for, that he offered to divide his 
 fortune with my husband, whose judgment and wishes he 
 had opposed. 
 
 And now let me ask you, my dear sir, whether it would 
 be worthy of a great and high-minded nation like this, to 
 avail herself of a trifling informality in the law, caused by 
 her own agent, to evade a just debt — I might almost say, 
 to "defraud the fatherless children and widow, and those 
 who have none to help them" — and in a case too where you 
 have actually received value more than an hundred fold? — 
 for the ransom alone of the crew of the Philadelphia, at the 
 ordinary price you were then paying for your seamen, 
 (3000 dollars per head — and they would probably have 
 charged much more for officers) would have amounted to 
 more than nine hundred thousand dollars; to which you may 
 add the two hundred thousand, which you were annually 
 compelled to pay in tribute and presents; and moreover, the 
 continual drafts that were made upon the Treasury for the 
 
ransom of your seamen, who were daily falling into the 
 hands of those barbarians, and exposed to all sorts of cru- 
 elty and hardships; and also the property, amounting to up- 
 wards of two hundred thousand dollars, which my husband 
 recovered from them during his last cruize, and which your 
 government considered so hopeless, that they did not even 
 authorize him to ask for it; — and if the Philadelphia had re- 
 mained in the possession of the enemy, you must have fitted 
 out a much larger squadron; for they were then superior to 
 you. and looked upon you with contempt and ridicule — so 
 much so, as to offer to sell you a peace for a million of 
 dollars, which you may see by referring to the files of 
 the Navy Department. And when you recollect all these 
 benefits, which you have actuallij received, — to say nothing 
 of the national character obtained — I am sure you will not 
 wish to evade a debt due upon every principle of equity; — 
 of generosity; — and of public gratitude! Let it not be said 
 that a nation which has been nobly generous, can take shelter 
 under the letter of the law, to be unjust. 
 
 I understood that some members of the House of Repre- 
 sentatives proposed to place this claim upon the same foot- 
 ing as the Guerriere and the Java — prizes made in the ordi- 
 nary routine of duty, with a superior force on our part; and 
 which were destroyed at the discretion of the captors ! But 
 I do hope that no one upon reflection, could seriously wish 
 so to do; for, the re-capture of the Philadelphia has hitherto 
 stood unparalleled in the annals of your navy; and although 
 the money is of vital importance to all the parties con- 
 cerned, yet we would all greatly prefer that the nation 
 should continue to enjoy all the benefits, gratis, than to 
 have the heroism of the enterprise depreciated merely to 
 avoid paying for it ! 
 
 Congress did not hesitate to pay the full value of the sloop 
 of war Hermes, which was blown up in consequence of an- 
 choring within musket-shot of one of your garrisons, and 
 
without any circumstance of particular danger or enterprise 
 on the part of her destroyers: — and would you do less in the 
 case of a forlorn hope! — voluntarily undertaken, to relieve 
 your citizens from slavery and despair, and your govern- 
 ment from the humiliation of being baffled as it had been for 
 nearly two years, and in the eyes of all Europe, by a petty 
 barbarous foe! The value of the ship at, that period, was 
 §300,000, which may be ascertained by a reference to the 
 Navy Department. 
 
 There was also some difficulty started as to the proper 
 division of the amount. It was my husband's opinion that 
 the general law for the distribution of prize money could 
 not be fairly applied to this case; because that law was 
 founded upon the presumption that the commander acts with 
 fas full crew; and never contemplated a case where he should 
 take a mere handful of them, and capture a frigate of the 
 largest class; — and he thought that the sum voted, ought to 
 be divided in the same proportions to each individual con- 
 cerned, according to his grade, as prevailed in the cases of 
 the Guerriere, Macedonian, and Java — those being the only 
 ships of the same class of the Philadelphia, that have ever 
 been captured by our naval forces. And I presume that no 
 person can think that he who planned, suggested, and exe- 
 cuted this perilous exploit, had less merit than those com- 
 manders (he himself being one of them) who only met the 
 enemy on the high seas, in the ordinary routine of duty, 
 with more than equal force, and who would have been dis- 
 graced had tbey avoided a contest; — and more especially 
 when it is recollected that had it not been for this enterprise, 
 you would, in all human probability, have been at this day 
 as you then were, subjected to the humiliation of paying an 
 enormous annual tribute! And whatever proportion of this 
 claim my husband was entitled to, you are bound to give 
 me: He bequeathed to me all his rights; and you cannot di- 
 vert any portion of them from me, to give to others — how- 
 
ever mere deserving — without derogating from the character 
 of his public services; — they were as great in comparison 
 with those who served under him, as those of any other com- 
 mander; — and if you were to pass a law awarding to him a 
 smaller relative proportion of the amount, it would he a vote 
 of censure, instead of approbation; and I cannot help think- 
 ing that that would he a most ungrateful return for a whole 
 life devoted to the glory of his country, and finally sacrificed 
 for what he considered the best interests of the navy. He 
 never had the slightest personal difference with his adversa- 
 ry; but he did conscientiously believe that he had disgraced 
 the flag — and that he would do so again in the hour of trial ! 
 and that it would be ruinous to the navy to have him rein- 
 stated over the heads of those who had borne the heat and 
 burthen of the war. In support of this opinion he sacrificed 
 his life: and it was as much an act of devoted patriotism as 
 any one that marked his distinguished career! 
 
 It was also asked whether the Syren ought not to partici- 
 pate ? My husband thought not. The general law for the 
 distribution of prize money, decides that all vessels in light 
 shall participate; because their presence serves to overawe 
 the enemy, and influences a surrender. But in this case the 
 enemy was wholly unapprised of the attack, and unconsci- 
 ous that the Syren was in their vicinity; and she did not 
 succeed in rendering any assistance whatever. 
 
 It has been intimated that some portion of the pecuniary 
 compensation might be deducted in consequence of the ho- 
 norary rewards bestowed upon him. But that has never yet 
 been done in a single instance since the establishment of the 
 navy; and I hope I shall be excused for thinking that this is 
 not a case on which to form a precedent derogatory to the 
 commander. Captain Charles Morris was promoted from 
 a Lieutenant to a Post Captain (although the grade of Mas- 
 ter Commandant was then established, which w as not the 
 case at the period of my husband's promotion,) for being*' 
 First Lieutenant on board the Constitution when she cap- 
 
* 
 
 lured the Guerriere; and yet it was never suggested that lie 
 ought to he deprived of a single rent of his prize money in 
 consequence ol the honorary reward. 
 
 It was also asserted that if there had hecn any ground for 
 the claim, it would not have been suffered to sleep so long. 
 My husband's motives for postponing his application, I 
 stated in a letter which I took the liberty to address to you 
 last session; a copy of which I shall subjoin, with a note 
 upon the same subject, from the Hon. Littleton W. Taze- 
 well. 
 
 The bill reported by the Naval Committee, at the last 
 session, was drawn upon the principle recommended by 
 Captains Jones and Spence; and it has been submitted to 
 Captains Crane, Ridgely, Read, Creighton, Rodgers, and 
 Warrington; who all concur in thinking the distribution con- 
 tained in it, as equitable as any that could be applied to 
 such a case. 
 
 As I cannot have the advantage of explaining to you in 
 person (as other claimants have) the merits of my claim, I 
 hope you will do me the favour to read with attention, all 
 the documents; and in that case, I am sure you will be fully 
 convinced of its justice; — for I do know that my beloved 
 husband never, in the whole course of his life, set up a pre- 
 tension, either public or private, that did not ultimately 
 prove to be founded in justice. 
 
 I remain very respectfully 
 Yours. 
 
 S. DECATUR. 
 
DOCUMENTS. 
 
 *4 letter from Dr. Ridgelf, Surgeon of the Frigate Philadel- 
 phia. 
 
 Annapolis, Nov. 10, 1826. 
 Madam, 
 
 Your letter of the 2d inst. has just been received, and 
 I hasten to reply to it. I have a distinct — an indelible re- 
 collection of the leading events of our imprisonment. The 
 Pacha and his court did not attempt to conceal their exulta- 
 tion on the capture of the frigate Philadelphia. It was a 
 jubilee in Tripoli. So extravagant were his calculations, 
 that he would not listen to any proposal of peace and ran- 
 som, for a less sum than one million of dollars. In this 
 condition of affairs, it would have been impolitic to have 
 opened a negotiation. It would have been regarded as an 
 evidence of fear and imbecility. This tone of confidence 
 and triumph continued, until the daring enterprise led on by 
 your gallant and lamented husband, illuminated his castle 
 with the blaze of his trophy. The sensation produced by 
 the achievement, was indescribable — consternation and dis- 
 may were depicted on every face. But the best evidence of 
 its impression, was the frequent conferences of the Pacha 
 with the Consuls, his undisguised desire to make peace, and 
 his proposition to that effect, on terms much more moder- 
 ate — I think g200,000. The terror inspired by the recap- 
 ture and conflagration (increased by the attack of the gun- 
 boats, on the 3d of August, 1804,) was felt during the war, 
 and its influence was acknowledged when the treaty of 
 peace was signed. 
 
 It may not be known to you, Madam, that I was appoint- 
 ed to the Consulship of Tripoli after the war, and obtained 
 this and other information from one of the European Con- 
 suls, with whom the Pacha often conferred during our cap- 
 tivity, and to whom he confided his difficulties and danger. 
 
 Description can convey but an inadequate idea of the hor- 
 rors of our imprisonment. We were confined in a dungeon, 
 in the centre of the castle, into which no air or light could 
 find access, but through a small iron grate in the terrace or 
 ceiling. To privation of pure air, wholesome food, &c. 
 was added the annoyance of noxious reptiles. The despera- 
 tion of the officers may be inferred from two attempts to es* 
 1* 
 
14) 
 
 cape; one by undermining, and tlic other by passing over 
 the walls of the castle. An account of these enterprises and 
 their failure, may be found in the biography of Com. Porter, 
 published some years since, (1815, I think) in the Analectic 
 Magazine and Naval Chronicle. 
 
 When any communication between the Squadron and the 
 Castle was announced, joy and gladness wore diffused 
 through our gloomy cells, and reiterated disappointment 
 could not dispel the cherished hope that the happy hour of 
 emancipation had arrived. Even at this distant period, the 
 heart sickens at the recollection of "hope long deferred." 
 
 That a generous legislature may grant this just claim, is 
 the confident belief of one. who knew and appreciated the 
 high-minded and chivalric officer on whose services it is 
 founded. 
 
 I am. Madam, with sentiments of the highest respect and 
 consideration, your obedient servant. 
 
 JOHN RIDGELY. 
 
 Extract of a letter from the Hon. Littleton TV. Tazewell. 
 
 My dear Mrs. Decatur: 
 
 In reply to your letter of the 22d ult» (which owing, I 
 presume, to some accident, has just been received) I will 
 state to you. that during the lifetime of your late husband, 
 I had many conversations with him, upon the subject of his 
 claim upon the Government of the U. S. for the capture 
 and destruction of the frigate Philadelphia. The first of 
 these conversations took place, I think, in 1806, soon after 
 he established himself in this place. In this, his object was 
 to consult me professionally, as to the validity of this claim, 
 and as to the proper course to be adopted, to obtain the 
 payment of the amount, should I think the claim just. 1 
 then investigated the subject very maturely, and gave him a 
 long written opinion upon it. in which I stated the reasons 
 that induced me to consider it, not only a fair claim upon 
 this Government, but one which it was his duty to prefer, 
 as the guardian and protector of the officers and people who 
 were associated with him in this daring and honourable en- 
 terprise. 
 
 Of one thing I am very certain, that during the whole 
 course of his life, Commodore Decatur was firmly and fully 
 persuaded, that he, his officers and crew, had a just claim 
 upon the U. S. for the value of the frigate Philadelphia, 
 
11 
 
 Which they had captured, and burnt by the express order of 
 their Commanding Officer. 
 
 I am, very respectfully and sincerely, 
 Yours. 
 (Signed) LITT'N. W. TAZEWELL. 
 
 Norfolk, Sept 7th, 1826. 
 
 Letter from Col. Benton, of the Senate. 
 
 My Dear Madam, 
 
 The vessel to which your note refers, was the sloop of 
 war Hermes, commanded by Capt. Sir Wm. Henry Perdy. 
 This sloop led the attack upon Fort Boyer, Mobile point, 
 in September, 1814, and had the boldness to anchor within 
 musket shot, where the fire of the garrison destroyed her, 
 and blew her up. Sbe was paid for by the act of Congress, 
 upon the petition of the garrison, in March, 1816. 
 
 Yours, most sincerely. 
 (Signed) THOMAS H. BENTON. 
 
 Mrs. Decatur. 
 
 March Bth, 1826. 
 
 Com. Decatur and Mr. Shaler to Mr. Monroe. 
 
 ie, Bat of Aigi 
 July 4th, 1815. 
 
 U. S. Ship Gcehriere, Bat of Algiehs, ? 
 
 Sir, 
 
 We have the honour to refer you to the official reports of 
 Commodore Decatur to the Navy Department, for an ac- 
 count of the operations of this squadron, previously to our 
 arrival off Algiers on the 28th ultimo. 
 
 Having received information, that the Algerine Squadron 
 had been at sea for a considerable time longer than that to 
 which their cruises usually extend, and that a despatch 
 boat had been sent from Gibraltar to Algiers, to inform 
 them of our arrival in the Mediterranean, we thought they 
 might have made a harbour where they would be in safety. 
 We, therefore, whilst they were in this state of uncertainty, 
 believed it a proper moment to deliver the President's let- 
 ter, agreeably to our instructions. Accordingly, on th« 
 29th ult. a flag of truce v as hoisted on board the Guerriere, 
 with a Swedish flag at the main. A boat came off about 
 
12 
 
 noon, with Mr. Norduling, Consul of Sweden, and the 
 Captain of the Port, who confirmed the intelligence we had 
 before received, and to whom we communicated information 
 of the capture of their Frigate and Brig. The impression 
 made by these events was visible and deep. We were 
 requested by the Captain of the Port, Mr. Norduling de- 
 claring that he was not authorized to act, to state the con- 
 ditions on which we would make peace; to which we replied, 
 by giving the letter of the President to the Dey, and by a 
 note from us to him, a copy of which (No. 1) we have the 
 honour to transmit herewith. 
 
 The Captain of the Port then requested that hostilities 
 should cease, pending the negotiation, and that persons au- 
 thorized to treat should go on shore; lie and Mr. Norduling 
 both affirming that the Minister of Marine had pledged him- 
 self for our security and return to our ships, when we pleas- 
 ed. Both these propositions were rejected, and they were 
 explicitly informed, that the negotiation must be carried on, 
 on board the fleet, and that hostilities, as far as they res- 
 pected vessels, could not cease. They returned on shore. 
 On the follow ing day, the same persons returned; and in- 
 formed us that they were commissioned by the Dey to treat 
 with us on the proposed basis, and their anxiety appeared 
 extreme to conclude the peace immediately. 
 
 We then brought forward the model of a treaty, which 
 we declared would not be departed from in substance; at the 
 same time declaring, that although the United States would 
 never stipulate for paying tribute under any form whatever, 
 yet that they were a magnanimous and generous nation, 
 who would, upon the presentation of Consuls, do what was 
 customary with other great nations in their friendly inter- 
 course with Algiers. 
 
 The treaty was then examined, and they were of opinion 
 that it would not be agreed to in its present form; and parti- 
 cularly requested that the article requiring the restitution of 
 the property they had captured, and which had been distribu- 
 ted, might be expunged, alleging that such a demand had 
 never before been made upon Algiers. To this it was an- 
 swered that the claim was just, and would be adhered to. — 
 They then asked, w hethcr, if the treaty should be signed by 
 the Dey, we would engage to restore the captured vessels; 
 which we refused. They then represented that it was not 
 the present Dey who had declared the war, which they ac- 
 kno vlc.'ged to be unjust, conceding that they were wholly 
 in the wrong, and had no excuse whatever; requesting, how- 
 
ever, that we would take the case of the Dey into considera- 
 tion, and upon his agreeing to terms with us more favoura- 
 ble than had ever been made with any other nation, to restore 
 the ships, which they stated would he of little or no value to 
 us, but be of great importance to him, as they would satisfy 
 the people with the conditions of the peace we were going to 
 conclude with him. We consulted upon this question, and 
 determined that considering the state of those vessels, the 
 sums which would be required to fit them for a passage to the 
 United States, and the little probability of selling them in 
 this part of the world, we would make a compliment of them 
 to his highness in the state they then were; the Commodore 
 engaging to furnish them with an escort to this port. This, 
 however, would depend upon their signing the treaty, as 
 presented to them, and could not appear as an article of it, 
 but must be considered as a favour conferred on the Dey by 
 the United States. They then requested a truce to deliber- 
 ate upon the terms of the proposed treaty, which was refus- 
 ed. They even pleaded for three hours. The reply was, 
 "not a minute — if your squadron appear in sight before the 
 treaty is actually signed by the Dey, and the prisoners sent 
 off, ours will capture them." It was finally agreed that 
 hostilities should cease, when we should perceive their boat 
 coming off with a white flag hoisted; the Swedish Consul 
 pledging his word of honour not to hoist it unless the treaty 
 was signed, and the prisoners in the boat. They returned 
 on shore, and although the distance was full five miles, they 
 came back within tJiree hours, with the treaty signed as we 
 had concluded it, and the prisoners. 
 
 During the interval of their absence, a corvette appeared 
 in sight, which would have been captured, if they had been 
 detained one hour longer. The treaty has since been drawn 
 out anew, translated by them, and duly executed by the Dey, 
 which we have the honour to transmit herewith. 
 
 Mr. Shaler has since been on shore, and the cotton and 
 the money mentioned in the 4th article, have been given up 
 to him. They now show every disposition to maintain a 
 sincere peace with us, which is doubtless owing to the dread 
 of our arms; and we take this occasion to remark, that, in 
 our opinion, the only secure guarantee we can have for the 
 maintenance of the peace just concluded with these people, 
 is the presence in the Mediterranean of a respectable naval 
 force. 
 
 As this treaty appears to us to secure every interest with- 
 in the contemplation of the Government, and as it really 
 
14 
 
 places the United States on higher ground than any other 
 nation, we have no hesitation on our part in fulfilling such 
 of its provisions as are within our power, in the firm belief 
 that it will receive the ratification of the President and Se- 
 nate. 
 
 We have the honour to he, 
 
 With great respect, &c. &c. 
 
 tat u STEPHEN DECATUR. 
 
 (Signed) WILLIAM 
 
 The Hon. James Monroe, Sec. of State. 
 
 SHALER. 
 
 Com. Decatur to the Secretary of Stale. 
 
 U. S. Ship Guerriere, "> 
 Messina, August 31st, 1815. 3 
 
 Sir: 
 
 Since I had the honour of communicating to you the 
 result of our negotiation at Algiers, I have visited Tunis 
 and Tripoli with a part of the squadron under my command. 
 On my arrival at those places, I found that the British had, 
 during the late war, violated the neutrality of those ports hy 
 cutting out from each of them, two prizes of the American 
 privateer Ahoelino. On my arrival at the Bay of Tunis, 
 the facts I have stated were communicated to me. The in- 
 formation of our having humiliated Algiers, and brought her 
 to our own terms so speedily, had preceded us, and filled 
 those people with an alarm that was apparent. I therefore 
 concluded that the present moment would be the best for urg- 
 ing our claim for indemnification; and although I did not 
 feel myself legally authorized to enter into a negotiation 
 which might compromit the peace of the nation, I considered 
 the risk so small, and the reputation the country would ac- 
 quire, so great, should we succeed, that I decided to proceed 
 in it. I accordingly addressed a note (of which No. 1 is a 
 copy) to the prime minister. To this note I received an an- 
 swer, acknowledging the justice of the claim; but begging 
 that the term of twelve months might be allowed in which to 
 pay the money, and requesting that I would go on shore to 
 see the Bey. I replied that I still insisted upon immediate 
 justice being done; and that until I had received assurances 
 of this, I could not wait upon his excellency. On the fol- 
 lowing day I received a second communication from the 
 prime minister, informing me that the Bey had decided to 
 
15 
 
 pay the money as I required. I then went on shore, ami 
 waited upon the Bey, who received me very civilly. 
 
 The Bey paid into the hands of our Consul, who had been 
 appointed agent for the privateer, forty-six thousand dol- 
 lars. This was the amount specified in the protest. The 
 prizes were valued at what they would have been then worth 
 in America at the war prices. 
 
 The affair with Tripoli was arranged very much in the 
 same manner, and with equal facility. The Bashaw had 
 heard of our intended visit, and had collected twenty thou- 
 sand Arabs, horse and foot. So soon as we appeared off the 
 town, Mr. Jones, our Consul, came on board. He had re- 
 fused to hoist the flag of the U. S. since the day the prizes 
 were cut out of the harbour. No. 3 is a copy of the commu- 
 nication I made to the prime minister on my arrival. In an- 
 swer, he admitted the justice of the claim, but desired an 
 abatement of the amount. I considered myself bound to ad- 
 here to the amount stated in the protest. On the next day 
 the Governor of Tripoli came on board; and it was agreed 
 that if the Pacha would pay into the hands of the Consul, the 
 value of the two prizes, as estimated in the protest, and 
 would deliver on board the squadron ten Christian captives, 
 the national flag should again be hoisted, provided they 
 would salute it with thirty-one guns, the number given to the 
 French flag — twenty-seven being the usual number. The 
 money, amounting to twenty -five thousand dollars, was paid 
 into the hands of Mr Jones, and eight Neapolitan captives, 
 and two Danish captives, were sent on board the squadron. 
 No. 4 is a copy of the Consul's acknowledgment of the final 
 termination of this affair. 
 
 I have the honour to be, with high respect and considera- 
 i ion, sir, your most obedient servant. 
 
 (Signed) STEPHEN DECATUR. 
 
 The Hon. James Monroe. 
 
 ■Com. Decatur to the Prime Minister of Tunis. 
 
 U. S. Ship Guerriere, > 
 Bay of Tunis, July 26, 1815. 5 
 Sir: 
 
 I have the honour to enclose to your excellency a des- 
 patch from the Department of State of the United States, by 
 which you will perceive the friendly disposition of my Gov- 
 ernment towards the Bey and Regency of Tunis. When 
 
16 
 
 that despatch was written, it was believed that an equally 
 friendly disposition existed on the part of Tunis. With sur- 
 prise, I understood, on my arrival in the Mediterranean, 
 that the treaty existing between the two countries had been 
 violated on the part of Tunis — first by permitting two^es- 
 sels, which had been captured by an American vessel, to be 
 taken out of the port of Tunis by a British cruizer; and se- 
 condly, by Sanctioning a company of Jew merchants, subjects 
 of Tunis, in taking the property of an American citizen at 
 their own price and much below its real value. 
 
 In consequence of this information, so soon as we had ob- 
 tained justice from Algiers for their aggressions, I hastened 
 to this port, with the power and disposition to exact from 
 this Regency an observance of our treaty. I now require an 
 immediate restitution of the property, or of its value. Your 
 excellency will perceive the necessity of the earliest attention 
 to this communication, and of making known to me the deci- 
 sion of his excellency the Bey. with the least possible delay. 
 
 I have the honour to be with great consideration, your 
 excellency's most obedient servant. 
 
 (Signed) STEPHEN DECATUR, 
 
 Com. in Chief of the Naval Forces in the Med. 
 
 Destruction of the Philadelphia Frigate. 
 
 The memorial of Mrs. Decatur to Congress, praying for 
 herself and crew of the Philadelphia frigate, that the value 
 of said frigate may be paid, has excited considerable sur- 
 prise in the country. It was not for a moment supposed, 
 that amidst the gratuities, pensions, and appropriations for 
 services rendered during the revolutionary and late wars, 
 that a debt of so high and important character was still un- 
 paid by the nation. There appears, however, to be but on© 
 voice on the subject, viz: that the same justice and liberality 
 which have been awarded to others should in this case can- 
 cel a claim which has slept too long. 
 
 The Mediterranean was the cradle of the American navy. 
 Its character and discipline — its subsequent success in war — 
 its influence in peace — and its present high character 
 throughout the world, have their origin in the wars declar- 
 ed against the several powers on the Barbary coast; and in 
 that school of fierce contention and ultimate glory were the 
 Hulls, Bainbridgcs, and Decaturs — the Perrys, Lawrences, 
 
17 
 
 McDonoughs, Joneses, and the galaxy of naval heroes 
 taught to fight and conquer. It is not therefore surprising 
 that the nation should be anxiously alive to the discussion of 
 any claim arising from services rendered in that remote 
 quarter of the world. 
 
 Having passed some time on the Barbary coast in the 
 public service, it became necessary to make myself familiar 
 with the relations between the United States and those re- 
 gencies; not only from their commencement, but to trace 
 their history, the treaties, tributes, and diplomatic inter- 
 course, as well as the wars, which finally established the 
 independence of our flag on the coast of Africa. 
 
 Our difficulties first commenced with Tripoli — with the 
 Pacha of which kingdom, as well as the other states, we had 
 some indefinite arrangements; and for some time prior to the 
 appearance of a naval force in the Mediterranean, our mer- 
 chant vessels and seamen were protected by the British, 
 Swedish, and such friendly powers, who had for many years 
 treaties with the Barbary states — aided by occasional do- 
 nations and tributes which were considered adviseahle in 
 preference to war, at a period when the naval force of the 
 country was too limited for a hazardous experiment, and 
 when the formidable strength and attrocious piracies of the 
 Barbary corsairs paralyzed the efforts of the Christian 
 powers. 
 
 As the commerce of the United States increased in the 
 Mediterranean, the friendly interference of European pow- 
 ers in our behalf was considerably diminished; and it is not 
 uncharitable to believe, that commercial rivalry first sug- 
 gested to the Pacha of Tripoli to demand a considerable and 
 perpetual tribute, or give us the alternative of war; either 
 of which was not at that period desirable. 
 
 The capture of several of our vessels, and the consequent 
 slavery of our citizens, roused the people to a sense of their 
 wrongs, and war was formally declared against the Pacha 
 of Tripoli, and our disposable force was sent to the Medi- 
 terranean, with all the young officers, including Decatur, 
 who have subsequently perpetuated the glory and triumphs 
 of the American flag. 
 
 This war with Tripoli was of vital importance to a na- 
 tion having an infant navy, and desirous of establishing a 
 name and a character among the governments of the earth. It 
 was not simply to chastise an African pirate, and abolish 
 tribute; it w T as to secure for ever to the American flag, that 
 C 
 
48 
 
 freedom which it claimed, and to which it was every where 
 pre-eminently entitled. 
 
 The nation, therefore, in tracing the triumphs, the disci- 
 pline, and high character of the American Navy to the war 
 with Tripoli, cannot avoid being grateful to all who distin- 
 guished themselves in that memorable contest, and to reward 
 with honour and profit those who achieved important victo- 
 ries. 
 
 The war at its commencement and for two years dragged 
 heavily, without any of those animating results, which the 
 people fondly anticipated — it was a dull routine of blockade, 
 costly, unpropitious, and discouraging — occasional proofs 
 of valour and seamanship were discernible — jealousies and 
 bickerings broke out among senior officers, who, far remov- 
 ed from their government, were compelled to exercise dis- 
 cretionary powers — the expense of the war was not unfclt; 
 and taking the unpromising state of things into considera- 
 tion, the Government of the United States did contemplate 
 at one period proposing such terms of peace and payment 
 of a small tribute, which several of the European powers 
 then complied with; and tbe unfortunate capture of the Phila- 
 delphia frigate and long captivity of her officers and crew, 
 did not tend to inspirit the nation to a further and more ac- 
 tive prosecution of the war. The circumstances attending 
 the capture of that vessel, are well known. 
 
 The Philadelphia frigate, commanded by Capt. Bain- 
 bridge, in sailing close to the town, struck on a rock, and 
 became stationary under the powerful batteries of the cita- 
 del. A brisk fire between each was sustained for several 
 hours, until the tide falling, the ship settled, and her gun- 
 wales were under water, and the Captain, officers, and three 
 hundred men, became prisoners of war. The Tripolitans 
 took possession of the ship, warped her at high tide from 
 the rocks, moored her under the castles, with the crescent 
 waving over the star-spangled banner, while the crew were 
 carried captives to the dungeons, to undergo the most painful 
 suffering. 
 
 It was at this juncture when the ship was in possession of 
 the enemy, and under the protection of several hundred pie- 
 ces of ordnance frowning from the battlements, that Deca- 
 tur and a handful of brave men, in a little xebeque, disguis- 
 ed as fishermen, fastened themselves to the frigate, sprang 
 on board, and after a fierce and bloody encounter with the 
 "malignant and turban'd Turk," on the quarter deck, car- 
 ried her at all points, drove the Turks into the sea. tore 
 
19 
 
 down the crimson flag, fired her in several parts, and took 
 to their little fishing smack, and sailed off triumphantly, re- 
 garding at a distance the sublime spectacle of the crackling 
 Haines illuminating the crescents of the mosques and the 
 turrets of the castles; the blaze of artillery from the embra- 
 zures — the blowing up of the ship — the shrieks of the dying, 
 and the imprecations of the Turkish soldiery together, 'ma- 
 king night hideous " 
 
 It has been said, that Decatur, after recapturing the fri- 
 gate, could not have brought her out; and in reply to that 
 charge, it is said that his orders were positive to burn her. 
 Burning her to the water's edge, was calculated to make a 
 more deep and appalling impression upon the Mussulmen, 
 than merely carrying away the ship: and this spirited act of 
 Decatur's, while it reflected the highest honour on his cour- 
 age, was loudly applauded throughout Europe, and infused 
 new hopes in the nation, while it created on the part of the 
 Pacha, a higher respect for our national capacities and re- 
 sources, and compelled him to propose terms of peace. 
 
 The results of this extraordinary attempt were of incalcu- 
 lable advantage to the nation; they led to an honourable 
 peace; to the abolishment of tribute; to the liberation of the 
 suffering captives; to future peace and honour; to a gallant, 
 ambitious spirit in the navy; to an increasing popularity in 
 that branch of our defence; to a strict discipline, — and all of 
 which were productive of future and permanent glory in the 
 war with the greatest naval power of the world. These 
 consequences go far to strengthen a claim which is in itself 
 unquestionable, and would be recognised by all well orga- 
 nized and just governments. 
 
 The war with Algiers in 1815, was declared upon the 
 same principle, and prosecuted with the same views as the 
 former one with Tripoli; but the Algerines were a much 
 more formidable power, possessing a stronger navy, and 
 fortifications almost impregnable; — of a high, audacious, 
 and unsubduable spirit. The command of the squadron was 
 given to Decatur from the settled conviction, that his name 
 was more familiar to the Barbary states, in consequence of 
 his exploits before Tripoli; and in this idea, the Government 
 was not mistaken. I was in that neighbourhood during the 
 Algerine war; and it is a fact unparalleled in history, and 
 almost inconceivable in the annals of warfare, that in fifty 
 days after the squadron sailed from Sandy Hook, a treaty of 
 peace was signed between Algiers and the United States, 
 which included indemnification for the past, and security 
 for the future. In that short space of time, Decatur had ar- 
 
^0 
 
 lived in the Mediterranean; fought and captured a frigate, 
 
 and some small vessels; killed the Algerine Admiral; sailed 
 into the harbour of Algiers, and ratified the treaty at the 
 cannon's month. 
 
 It was not expected that our differences with Algiers 
 would terminate without delay, bloodshed and cost; — the 
 nation was determined to abolish tribute, and punish the 
 Barbarians at Qxvvy sacrifice; but the name of Decatur, the 
 promptness of his movements, and his success on the thresh- 
 old of the contest, saved a large sum to the Government, 
 the loss probably of valuable lives, and secured additional 
 honour and freedom to our flag. 
 
 Here was the harvest of that fame and national honour 
 which first sprang up at Tripoli. From Algiers, the 
 squadron sailed for Tunis, where a gross infraction of the 
 treaty had been committed, and nearly $50,000 of Ameri- 
 can property had been cut out by the British. We were 
 on the spot at the time, and perceived the effect of the same 
 influence. "Tell your Admiral to come ashore and see me," 
 said the Bey. "He declines coming, your highness, until 
 these disputes are settled, which are best done on board 
 ship " "But this is not treating me with becoming digni- 
 ty; Ilamuda Pacha of blessed memory, commanded them to 
 land and wait at the palace, until he pleased to receive 
 them." "Very likely, your highness, but that was twenty 
 years ago." "I know this Admiral; he is the same one who 
 in the war with Sidi Yusef, of Trablis, burnt the frigate." 
 "The same." "Hum! why do they send wild young men 
 to treat for peace with old powers? Then you Americans 
 don't speak truth; you went to war with England, a nation 
 with a great fleet, and said you took their frigates in equal 
 fight: an honest people always speak truth." "Well, sir, 
 and that was true. Do you see that tall ship in the bay, 
 with a blue flag (the Guerricre)? that was taken from the 
 British; that one near the small island, (the Macedonian) 
 was also captured on equal terms; that sloop near Cape 
 Carthage, (the Peacock) was also taken in battle." The 
 Bey laid down the telescope; reposed on his cushions, and 
 with a small tortoise shell comb set with diamonds, combed 
 his beard. 
 
 A small vessel got under weigh, and came near the bat- 
 teries; a pinnance with a few men rowed about the harbour, 
 and one person dressed in the garb of a sailor was taking 
 soundings — it was Decatur. "Tell the Admiral to land," 
 said the Bey, "and all shall be settled to his satisfaction," 
 which was done. 
 
SI 
 
 From Tunis, Decatur went into Tripoli with the squad- 
 ron, where difficulties also had arisen. These were soon 
 and satisfactorily settled, and the old Pacha received in tin' 
 most friendly manner, the commander of the squadron, who, 
 when a young man, had destroyed his frigate, and bearded 
 him under his very batteries. 
 
 It is, however, unnecessary to recapitulate the naval tri- 
 umps of our flag in the Mediterranean — they are known, du- 
 ly appreciated, and are sources of great and honest pride — 
 they have procured us indemnity for the past, and security 
 for the future — and probably no officer has done more to 
 bring about this desirable state of things, than Commodore 
 Decatur. 
 
 Whilst these facts are every where admitted, and whilst 
 the nation is disposed to pay the debt of gratitude due to a 
 deceased gallant officer, the question at present relates to 
 indemnity for destroying the Philadelphia frigate. 
 
 I am not apprised of the nature of the objections to the 
 claim, if any objections are made. I can only say, that the 
 nation has derived a greater benefit from the destruction of 
 the Philadelphia frigate than from the possession of the fri- 
 gate itself. She had been captured, and was in possession 
 of the enemy, and was recaptured and destroyed; — the claim 
 is therefore legal and equitable, and loses none of its force 
 from its not having been heretofore liquidated. It is a claim 
 that the nation recognises, and is bound in honour to pay; 
 and one that the American people, I am persuaded, will 
 feel a pleasure in adjusting to the satisfaction of the repre- 
 sentative of Commodore Decatur, and the gallant crew \uio 
 fought and conquered under him. 
 
 M. M. NOAH. 
 
 New York, November 8, 1826. 
 
 Letter from Captain Spence, relating to the recapture of the 
 Philadelphia. 
 
 Claremoitt, August 30th, 1826. 
 My Dear Madam: 
 
 I have had the honour to receive your letter of the 29th 
 instant, and with great pleasure communicate the impres- 
 sions I received on rejoining the squadron soon after the de- 
 struction of the frigate Philadelphia. 
 
 I sailed from the U. S. in the Syren, Captain Stewart; 
 and, unfortunately for myself, was left on shore at Leghorn, 
 with the ship fever. During my absence, your illustrious 
 
fes 
 
 husband gave bis name to tbe world adorned with imperish- 
 able renown. So soon us ray health would permit, 1 joined 
 the frigate Constitution, Commodore Preble, at Syracuse. 
 I had previously been informed, at Naples, of tbe recapture 
 and destruction of tbe Philadelphia by him, who was justly 
 termed the " terror of the foe." It was an achievement ad- 
 mired as unexampled. At Naples you could bear of nothing 
 but the "brave Decatur 1 * — and all foreign officers with whom 
 I conversed, spoke of it as a most brilliant affair, managed 
 with the greatest address and intrepidity — an intrepidity 
 which nothing but success could rescue from the imputation 
 of rashness. 
 
 The destruction of the frigate Philadelphia is associated 
 with the name of "Decatur" only — and 1 had always sup- 
 posed him to be the projector of the enterprise, from-tbe cir- 
 cumstance of his having been intrusted with its execution. 
 There could be no other good reason assigned for the pre- 
 ference given him in the presence of older officers. 
 
 I am under the impression that Commodore Decatur was 
 the first to suggest the recapture of the frigate Philadelphia: 
 but to me, the merit of the affair appears to be wholly inde- 
 pendent of tbe first suggestion. Tbe preparation for the en- 
 terprise, and its execution, was by him, who accomplished 
 it in his own peculiar ivarj, covering himself and his compa- 
 nions with honour, and the country with a glory more pro- 
 ductive of respect than all our previous tributes. 
 
 ROBERT TRAILL SPENCE. 
 
 Mrs. Decatur. 
 
 Letter from Captain Ridgely, relating to the capture of the 
 Philadelphia. 
 
 Portsmouth, N. H. Sept. 19th, 1826. 
 
 My Dear Madam: 
 
 I have a most distinct recollection of all the circumstan- 
 ces attending the preparation for burning the Philadelphia; 
 and I have no hesitation in saying that the whole originated 
 with your late lamented husband — it was be who suggested 
 to the late Commodore Preble, the possibility of the enter- 
 prise. 
 
 I am very sincerely your friend and servant, 
 
 (Signed) CH. G. RIDGELY. 
 
 Mrs. S. Decatur. 
 
S3 
 
 Letter from Captain Crane, relating to the capture of the Phi- 
 ladelphia. 
 
 Navt Yarh, Chahleston, ~) 
 September 4th, 1826- 5 
 
 My Dear Madam: 
 
 I have the honour to acknowledge the receipt of yours of 
 the 22d ult. My recollections are very distinct relative to 
 the recapture of the frigate Philadelphia. It has always 
 been my belief that Commodore Decatur planned as well as 
 executed the enterprise. 
 
 I have the honour to be with the highest respect, 
 Your obedient servant, 
 
 W. M. CRANE. 
 Mrs. Decatur. 
 
 United States' Frigate Constitution, > 
 Syracuse Harbour, Jan. 31, 1804. y 
 
 Sir: 
 
 You are hereby ordered to take command of the prize 
 ketch, which I have named the Intrepid, and prepare her 
 with all possible despatch, for a cruise of thirty days, with 
 full allowance of water, provision, &c for seventy-five men. 
 I shall send you five midshipmen from the Constitution, and 
 you will take seventy men, including officers, from the Enter- 
 prise, if that number can be found ready to volunteer their 
 services for boarding and burning the Philadelphia, in the 
 harbour of Tripoli; if not, report to me, and I will furnish 
 you with men to complete your complement. It is expected 
 you will be ready to sail to-morrow evening, or some hours 
 sooner, if the signal is made for that purpose. 
 
 It is my orders that you proceed to Tripoli, in company 
 with the Syren, lieutenant Stewart, enter that harbour in 
 the night, board the Philadelphia, burn her, and make good 
 your retreat, with the Intrepid, if possible, unless you can 
 make her the means of destroying the enemy's vessels in 
 the harbour, by converting her into a fire ship, for that pur- 
 pose, and retreating in your boats and those of the Syren. 
 You must take fixed ammunition and apparatus, for the 
 frigate's 18-pounders; and if you can, without risking too 
 much, you may endeavour to- make them the instruments of 
 destruction to the shipping and Bashaw's Castle. You 
 will provide all the necessary combustibles for burning and 
 destroying ships. The destruction of the Philadelphia is an 
 object of great importance, and I rely with confidence on 
 
34 
 
 your intrepidity and enterprise to effect it. Lieutenant 
 Stewart will support you with the boats of the Syren, ami 
 cover your retreat with that vessel. Be sure and set fire in 
 the gun-room births, cockpit, store-rooms forward, and births 
 on the birth deck. 
 
 After the ship is well on fire, point two of the 18-pounders 
 shotted, down the main hatch, and blow her bottom out. I 
 enclose you a memorandum of the articles, arms, ammuni- 
 tion, fire works, &c. necessary, and which you are to take 
 with you. Return to this place as soon as possible and re- 
 port to me your proceedings. On boarding the frigate, it 
 is probable you may meet with resistance; it will be well, in 
 order to prevent alarm, to carry all by the sword. May 
 God prosper and succeed you in this enterprise. 
 
 I have the honour to be, Sir, voir obedient servt. 
 (Signed) EDWARD PREBLE. 
 
 Lieutenant Commandant Decatuii, Intrepid. 
 
 On board the Ketch Intrepid, at Sea, 
 February 17, 1804. 
 
 Sir: 
 
 I have the honour to inform you, that in pursuance to 
 your orders of the 31st ultimo, to proceed with this Ketch, 
 off the harbour of Tripoli, there to endeavour to effect the 
 destruction of the late United States' frigate Philadelphia, I 
 arrived there, in company with the United States* brig 
 Syren, lieutenant commandant Stewart, on the 7th, but ow- 
 ing to the badness of the weather, was unable to effect any 
 thing until last evening, when we had a light breeze from 
 the N. E. At 7 o'clock, I entered the harbour with the In- 
 trepid, the Syren having gained her station without the har- 
 bour, in a situation to support us in our retreat At half 
 past 9 o'clock laid her alongside of the Philadelphia, board- 
 ed, and after a short contest, carried her. I immediately 
 fired her in the store-rooms, gun-room, cockpit, and birth 
 deck, and remained on board until the flames had issued 
 from the spar deck, hatch ways, and ports; and before I had 
 got from alongside, the fire had communicated to the rigging 
 and tops. Previous to our boarding, they had got their 
 tompions out, and hailed several times, but not a gun fired. 
 
 The noise occasioned by boarding and contending for pos- 
 session, (although no lire arms were used) gave a general 
 alarm on shore, and on board their cruisers, which lay about 
 a cable and a half's length from us, and many boats filled 
 
S5 
 
 with men, lay around, but from whom we received no annoy- 
 ance. They commenced a fire on us from all their batteries 
 on shore, but with no other effect than one shot passing 
 through our topgallant sail. 
 
 The frigate was moored within half gunshot of the Ba- 
 shaw's Castle, and of their principal battery; two of their 
 cruisers lay within two cables' length on the starboard quar- 
 ter, and their gun boats within half gun shot on the starboard 
 bow. She had all her guns mounted and loaded, which, as 
 they became hot, went off. As she lay with her broadside to 
 the town, I have no doubt but some damage has been done by 
 them. Before I got out of the harbour her cables had burnt 
 off, and she drifted in under the Castle, where she was con- 
 sumed. I can form no judgment as to the number of men on 
 board, but there were twenty killed. A large boat full got 
 off, and many leapt into the sea. We have made one prisoner, 
 and I fear from the number of bad wounds he has received, 
 he will not recover, although every assistance and comfort 
 has been given him. 
 
 I boarded with sixty men and officers, leaving a guard on 
 board the Ketch for her defence; and it is with the greatest 
 pleasure I inform you I had not a man killed in this affair, 
 and but one slightly wounded. Every support that could be 
 given, I received from my officers, and as each of their 
 conduct was highly meritorious, I beg leave to enclose you a 
 list of their names. Permit me also, Sir, to speak of the 
 brave fellows I have the honour to command, whose coolness 
 and intrepidity was such, as I trust will ever characterise 
 the American tars. 
 
 It would be injustice in me, were I to pass over the im- 
 portant services rendered by Mr. Salvadore, the pilot, on 
 whose good conduct the success of the enterprise in the great- 
 est degree depended. He gave me entire satisfaction. 
 I have the honour to be, Sir, &c. 
 (Signed) STEPHEN DECATUR. 
 
 Com. Edwaud Preblb, commanding' U. S. squadron in the Mediterranean 
 
 Extracts from Commodore Preble's Official Despatches. 
 
 United States' Ship Constitution, > 
 
 Syracuse Harbour, 19th of February, 1804. y 
 Sir: 
 
 I have the honour to inform you that the United 
 States' brig Syren, lieutenant commandant Stewart, and 
 D 
 
26 
 
 ketch Intrepid, of four guns, lieutenant commandant Deca- 
 tur, arrived here last evening from a cruise. They left this 
 port the 3d instant, with my orders to proceed to Tripoli, 
 and burn the frigate, late the United States' frigate Philadel- 
 phia, at anchor in that harbour. I was well informed that 
 her situation was such, as to render it impossible to bring 
 her out; and her destruction being absolutely necessary to 
 favour my intended operations against this city, I determined 
 the attempt should be made. I enclose you copies of my 
 orders on this occasion, which have been executed fen the 
 most gallant and officer-like manner, by lieutenant com- 
 mandant Decatur, assisted by the brave officers and crew of 
 the little ketch Intrepid, under his command. Their con- 
 duct in the performance of the dangerous service assigned 
 them, cannot be sufficiently estimated. It is beyond all 
 praise. Had lieutenant Decatur delayed one half hour for 
 the boats of the Syren to have joined him, he would have 
 failed in the main object, as a gale commenced immediately 
 after the frigate was on fire, and it was with difficulty the 
 ketch was got out of the harbour. The Syren, owing to the 
 lightness of the breeze in the evening, was obliged to anchor 
 at a considerable distance from the city, which prevented her 
 boats from rendering such assistance as they might have done, 
 had they entered the harbour earlier. 
 
 Lieutenant Stewart took the best position without the har- 
 bour, to cover the retreat of the Intrepid, that the lightness 
 of the breeze would admit of. His conduct through the expe- 
 dition, lias been judicious and highly meritorious. But few 
 of the officers of the squadron could be gratified by sharing 
 in the danger and honour of the enterprise. 
 
 In justice to them, I beg leave to observe, that they all 
 offered to volunteer their services on the occasion, and I am 
 confident, whenever an opportunity offers to distinguish them- 
 selves, that they will do honour to the service. I enclose 
 you lieutenant commandant Stewart and Decatur's official 
 communication, with the names of the officers on board 
 the ketch. 
 
 With the highest respect, 
 
 I have the honour to be, Sir, 
 
 Your most obedient humble servant. 
 (Signed) EDWARD PREBLE. 
 
27 
 
 The crew of the Intrepid consisted of 
 Lieutenant Stephen Decatur, Jr. commander. 
 
 {James Lawrence, 
 Joseph Bainbridge. 
 Jonathan Thorn. 
 Surgeon Lewis Heermann. 
 'Ralph Izard, 
 John Rowe, 
 Charles Morris, Jr. 
 Midshipmen<( Alexander Lewis, 
 John Davis, 
 Thomas M'Donough, 
 ^Thomas O. Anderson, from the Syren. 
 Pilot Salvator Catalina, and sixty-two men. 
 
 The Philadelphia, at the time she was destroyed, was 
 lying in the harbour of Tripoli, protected not only by her 
 own guns, and a considerable number of Turks on board, 
 but by a number of batteries on shore, gun boats, galiies, 
 &c. viz: 
 
 Fort English, mounting, 
 
 American, 
 
 Palace, 
 Between Palace and Molehead, 
 Molehead and Crown battery, 
 Fort Way, .... 
 Two small batteries, 
 Malta battery, 
 Half-moon battery, 
 West Diamond battery, 
 Battery with arched embrazures, 
 Western battery, 
 
 7 guns. 
 
 7 
 10 
 14 
 19 
 11 
 
 9 
 
 9 
 10 
 
 9 
 
 Of heavy calibre, 115 guns. 
 
 19 Gun boats, 
 
 2 Galiies, 
 
 2 Schooners of 8 guns each, and one brig of 10 guns. 
 All the batteries and vessels were fully manned; the whole 
 number of troops estimated at 25,000 Arabs, &c The whole 
 naval force of the United States, in the Mediterranean, at 
 that period, was 1 frigate, 3 brigs, 3 schooners, 2 bombs, 6 
 gun boats, manned by 1060 men. Before the Philadelphia 
 was taken by the Tripolitans, the demand of the Bashaw of 
 
28 
 
 Tripoli, for peaoe, was 200,000 dollars, and the repayment 
 of all his expenses during the war. After her destruction, 
 he agreed to make peace on our terms, viz: Echange of 
 prisoners, man for man. and 60,000 dollars for the surplus in 
 his possession. The Bey of Tunis had frequently threaten- 
 ed war, but was deterred no doubt by the impression pro- 
 duced by the energy of our squadron. 
 
 Commodore Treble to the Secretary of the 
 Navy, February 3, 1804, estimates the 
 American captives in Tripoli, at - 300 
 
 The Tripolitan captives, 60 
 
 Balance of prisoners in favour of Tripoli, 240 
 
 Commodore Preble to J. L. Cathcart, February 19th, 1804. 
 
 The Philadelphia was got off the rocks without damage; 
 all her guns were taken out to float her close in with the 
 Bashaw's Castle, where she was moored: her guns were then 
 put on board, and the ship and her batteries got in fine order. 
 Her guns were kept loaded, tompions out, and a strong guard 
 constantly on board. 
 
 Sidi Mahammed Dghies, Minister at Tripoli, to Captain 
 William Bainbridge, 5th March, 1804. 
 
 In the actual state of things, and above all, on account of 
 the anger of his excellency the Bashaw, who has rendered 
 himself inaccessible, you must know, captain, that I cannot 
 undertake to charge myself with another negotiation [to ob- 
 tain the benefit of fresh air for captain B. and officers, who 
 were kept closely confined after the burning of the Phila- 
 delphia.] 
 
 Colonel Lear to Commodore Preble, Algiers, 23d March, 1804. 
 
 The burning of the Philadelphia is a circumstance which 
 does honour to the head which planned, and the bold enter- 
 prise which executed it. I think it must be productive of 
 good effects to our affairs in this sea. 
 
39 
 
 The loan of gun-boats, so essential in the operations before 
 Tripoli, of August and September, 1803, was not obtained 
 till the 1 3th of May, 1 804. The destruc tion of the Philadel- 
 phia had its influence no doubt in obtaining the loan. 
 
 It is understood that the Bashaw of Tripoli was anxious 
 to dispose of the Philadelphia to some of the other Barbary 
 powers in exchange for smaller fleet vessels, with which he 
 might extensively annoy our trade in the Mediterranean, to 
 the protection of which, our naval force in that sea would 
 have been inadequate. This impending mischief was avoid- 
 ed by the destruction of the Philadelphia. 
 
Washington, Dec. 15th, 1825. 
 
 Dear Sir: 
 
 I have submitted a claim to Congress, and I am induced 
 to trouble you with a few details relative to it, which, al- 
 though pretty generally known at the time they occurred, 
 have, I am afraid, been long since forgotten, except by 
 those persons particularly interested in them. 
 
 My beloved husband attributed all the success of his last 
 brilliant cruise in the Mediterranean, to the impression that 
 had been made upon those nations by the recapture of the 
 Philadelphia, and the attack upon the Tripolitan gun boats: 
 and I think you will perceive the probability of its truth, if 
 you will compare his squadron, (three Frigates, and two or 
 three smaller vessels) with that of Lord Exmouth, which 
 soon followed, and which the Algerines resisted, and com- 
 pletely cut to pieces.* 
 
 * List of Vessels composing the combined Fleets under Lord Exmouth. 
 
 Queen Charlotte, 100 guns. Impregnable, - 98 guns. 
 
 Superb, - - 74 Minden, ... 74 
 
 Albion, - - 74 Leander, 50 
 
 Glasgow, 40 Severn, 40 
 
 Hebrus, - - - 36 
 
 Heron, "\ 
 
 Mutine, 
 
 Prometheus, )-Brigs. 
 
 Cordelia, | 
 
 Britomart, J 
 
 Flotilla, consisting of four gun-boats, ten mortar-boats, five rocket-boata, 
 thirty-two gun-boats, barges and yawls, — total 55. 
 
 Dutch. 
 
 Granicus, 
 
 Infernal, 
 
 Belzebub, (. Bomb vessds 
 
 Hecla, 
 
 Fury, 
 
 ! 
 
 Melampu9, - - 40 guns. 
 Diana, - - 40 
 Dagaraad, 
 
 Frederica, - - 44 guns. 
 Amstel, 44 
 
 Endracht, - - 24 
 
 The English had six hundred and ninety-five wounded, and one hun- 
 dred and thirty-eight killed. The Dutch had thirteen killed, and fifty- 
 two wounded. 
 
 The squadron under Commodore Decatur, consisted of three frigates, 
 one sloop of war, one brig, and three schooners. 
 
31 
 
 When my beloved husband arrived off Algiers, with the 
 force I have mentioned, he had prepared, on the passage, a 
 treaty, containing all that this Government had ever desir- 
 ed, or that he himself could anticipate; more than had ever 
 been granted, or even asked for, by any other nation.* — 
 This treaty he sent on shore with a note to the Dey, stating 
 that if it was not signed and returned to him within five 
 hours, he would not treat with him at all. It was accord" 
 ingiy signed and returned within the time specified; and the 
 Dey observed to one of his ministers, in the presence of the 
 interpreter, that he would not have agreed to such terms for 
 any power in the world, except the man who went in a dark 
 night, and burnt the Philadelphia — that there was no know- 
 ing what such a person might do; and it was better to make 
 peace upon his own terms. And thus was obtained for the 
 United States, without the sacrifice of a life, or a spar, or 
 even a rope, what, in a few months afterwards, cost Eng- 
 land a great many lives, and some millions of dollars, to 
 repair the injury sustained by Lord Exmouth's squadron,! 
 
 * Article 18th of Com. Decatuh's Treaty with Algiers, states, that, 
 "If any of the Barbary powers, or other States at war with the United 
 States, shall capture any American vessel, and send her into any port of 
 the Regency of Algiers, they shall not be permitted to sell her, but shall 
 be forced to depart the port, on procuring the requisite supplies of pro- 
 visions; but the vessels of war of the United States, with any prizes they 
 may capture from their enemies, shall have liberty to frequent the ports of 
 Algiers for refreshment of any kind, and to sell such prizes in the said 
 ports, without paying any other customs or duties than such as are cus- 
 tomary on ordinary commercial importations." 
 
 This article our government voluntarily relinquished in 1816, in the 
 following words: — The United States of America, in order to give to the 
 Dey of Algiers, a proof of their desire to maintain the relations of peace 
 and amity between the two powers, upon a fooling the most liberal, and in 
 order to withdraw any obstacle which might embarrass him in his relations 
 with other States, agree to annul so much of the 18th article of the fort go- 
 ing treaty, as gives to the United States any advantages in the ports of 
 Algiers, over the most favoured nations, having treaties with the Regency. 
 
 f Extract from Lord Exmouth's official letter.— "Would to God, that in 
 the attainment of this object, I had not deeply to lament the severe loss of 
 so many gallant orticers and men; they have profusely bled in a contest 
 which has been peculiarly marked by proofs of such devoted heroism, as 
 would rouse every noble feeling, did I dare to indulge in them." 
 
 N. B. There were an hundred and thirty-eight killed, and six hundred 
 and ninety-five wounded. 
 
32 
 
 (the largest ever sent out from England,) in obtaining his 
 treaty; and which treaty has already been violated, and the 
 nation subjected to all the expense of another war; whereas, 
 [ have not heard that either Algiers, or any other of the 
 Barbary powers, has manifested any disposition to hreak 
 with us; which I think is a proof that they stand more in 
 awe of us than of any other nation; and there has been noth- 
 ing to produce such an impression, except my beloved hus- 
 band's terrific attack upon them; encountering them hand 
 to hand, while under their own batteries; a mode of warfare 
 to which they were not accustomed from their Christian 
 enemies; and which had such an effect upon them, that this 
 nation is at this day reaping the benefits of it, and, I am 
 afraid, without recollecting from whence they are derived. 
 
 It is now more than twenty years, that the United States 
 have not lost a single cent by the depredations of any of the 
 Barbary powers; and during that period, there is not ano- 
 ther maratime power in the world that has not been, more 
 or less, subjected to their plunder. 
 
 The Dey of Algiers paid for every dollar's worth of pro- 
 perty, to a very large amount, he had seized and captured 
 during the war; a circumstance so unexpected to our Gov- 
 ernment, that they had not even authorized the demand to 
 be made. 
 
 So soon as the peace with Algiers was concluded, my be- 
 loved husband proceeded to Tripoli and Tunis; and both 
 these places immediately paid down the full value (an hun- 
 dred and twenty thousand dollars) of the American vessels 
 which they had permitted the British to cut out of their ports 
 during our war with England. 
 
 I presume every one will admit, that a prize made with 
 such an incredibly inferior force, as in the case of the Phila- 
 delphia, ought to belong exclusively to the captors; and that 
 the same valour and spirit of enterprise which had enabled 
 them to retake her, would have enabled them to bear her 
 
33 
 
 off, if the Commanding Officer of the squadron had permit- 
 ted them to make the experiment. During the late war 
 with England, our Commanders were permitted to exercise 
 their own discretion as to the disposition of their prizes; 
 either to destroy them, or to send them into port; and my 
 heloved husband, amidst difficulties which the captors of 
 all the other frigates deemed insurmountable, succeeded in 
 cdnducting the Macedonian more than half way across the 
 Atlantic, and got her safely into port; and he believed he 
 could have been equally successful with the Philadelphia, 
 if he had been permitted to make the experiment. But 
 Commodore Preble, who was the representative of the 
 Government, thought it more for the interest of the nation, 
 that she should be destroyed on the spot, than to risk even. 
 the possibility of her falling again into the hands of the ene- 
 my; who would thereby have been induced to increase their 
 extravagant demand for the ransom of Captain Bainbridge 
 and his crew, and have protracted the expenses of the war 
 greatly beyond tke value of the frigate. But he had no 
 idea that he was depriving his little band of heroes of the 
 fruit of their desperate valour; or that the nation could hesi- 
 tate a single moment, under such circumstances, to pay 
 them the full value of their prize — of which he declared he 
 would not touch a dollar; that they deserved it all! ! 
 
 I hope you will have the goodness to revert to the state of 
 your affairs with Tripoli at that period. 
 
 She was in possession of one of your largest and finest 
 frigates, with upwards of three hundred of your most valu- 
 able seamen and officers; while your own force, so far from 
 being able to make any impression, was deemed inadequate 
 to the protection of your commerce. It is therefore evident, 
 that had it not been for the recapture of the Philadelphia, 
 the Government must have incurred the expense of fitting out 
 a much larger squadron, or they must have acceded to the 
 Bashaw's exhorbitant demand of two hundred thousand dol- 
 E 
 
34 
 
 lars, and all his expenses for the war; for, to have left so 
 many of your fellow-citizens in slavery, was, I presume, a 
 thing entirely out of the question. 
 
 I hope you will also recollect, that the recapture of the 
 Philadelphia was not an event in the ordinary routine of 
 duty, hut that it was an enterprise of such a daring nature, 
 that the Government would never have ordered it to be at- 
 tempted; that it was a forlorn hope ! planned and suggested 
 by my gallant husband, with a view to frighten those bar- 
 barians into terms; and thereby to release his fellow-citi- 
 zens, who had been languishing nearly two years in slave- 
 ry, and the Government had not succeeded, either by nego- 
 tiation or arms, in effecting their liberation. And 1 will 
 beg leave further to remind you, that the same gallant spi- 
 rit, by his influence and example, led his brave companions 
 through the perilous enterprise; and that he also planned and 
 executed the attack upon the Tripolitan gun-boats; a ser- 
 vice from which his rank exempted him, and which promis- 
 ed nothing but the glory of his country . % There was no 
 hope of promotion, for he had attained the highest grade in 
 the Navy. There was no prospect of pecuniary profit, be- 
 cause the vessels to be attacked were known to be of little 
 or no value. They were merely batteries. 
 
 I ought to offer some apology for troubling you with this 
 detail; but I know it is that part of my beloved husband's 
 public life, upon which he prided himself most, and I am 
 anxious that his country should understand and appreciate 
 it as he himself did. 
 
 The order of Commodore Preble for the destruction of the 
 frigate, was given several hundred miles distant from the 
 scene of action: and founded upon such information as he 
 could obtain of the slate of things in an enemy's port; and 
 still more upon a firm conviction that there could not be sur- 
 vivors enough, after such a conflict, to ensure the safe navi- 
 gation of the ship out of the reach of the enemy; and thai 
 
$5 
 
 she might possibly fall again into their hands: and as the 
 main object was to deprive them of her, he thought it most 
 prudent to secure that as speedily as possible. But the 
 event proved that there was not a life lost on our side, nor 
 an individual rendered unfit for duty. There was no at- 
 tempt whatever, made by the Tripolitans to recover the 
 ship. The captors kept possession of her some time after 
 the victory, believing they could make a more effectual re- 
 sistance from the ship than from the ketch. There was no 
 vessel in the harbour of sufficient force to pursue the fri- 
 gate, whereas there were several vastly superior to the 
 ketch; but such was the terror, that they did not attempt 
 even to follow her. 
 
 When this gallant enterprise was achieved, the Navy, 
 unfortunately, had not obtained the confidence of the nation; 
 and my beloved husband had its prosperity too much at 
 heart, to permit him to press any subject that might tend to 
 render it more unpopular. He therefore determined to 
 await a more auspicious moment: and during the war with 
 England, when a more favourable sentiment had been in- 
 spired, he thought it unpatriotic and unofficer-like, to bring 
 forward pecuniary demands when he knew the difficulty the 
 Government had in raising sufficient funds to prosecute the 
 war; and while he himself was daily using his own personal 
 credit and influence, to obtain the necessary supplies for the 
 force under his command. Immediately after the peace 
 with England, he was ordered to the Mediterranean; and on 
 his return from thence, he was appointed to the Navy 
 Board; and he then thought there would be an indelicacy in 
 bringing forward a claim in which he was so particularly 
 concerned, while he was in daily habits of intimacy with 
 the Members of Congress — that its success might, in that 
 case, be ascribed to personal influence; whereas he wished it 
 to stand exclusively upon its own merits. Since the claim 
 devolved upon me, I had not, until within the last eighteen 
 
36 
 
 months, recovered sufficient energy of mind to attend to my 
 pecuniary interests — and these are the causes why it has 
 been so long delayed. It belongs almost exclusively to wi- 
 dows, orphans, and aged seamen, for whom the law makes 
 no provision. There are at least twenty orphans, (five of 
 whom have been recently added to the list, by the death of 
 the gallant M'Donough,) children of the brave officers who 
 achieved this victory, who without it, will be left to grow 
 up in ignorance and obscurity; and perhaps with feelings of 
 disgust at the injustice of their country, in refusing them the 
 means of becoming useful and distinguished citizens, and of 
 perpetuating the laurels which their fathers so bravely won. 
 I think I may venture to assert that the heroism of this 
 achievement laid the corner stone of all our naval glory: 
 and has moreover saved to the nation many millions of dol- 
 lars, that must otherwise have been sacrificed to the rapaci- 
 ty of the Barbary powers. 
 
 1 beg leave to subjoin a copy of a note from Com. Jones, 
 Navy Commissioner, who was a prisoner in Tripoli when 
 the Philadelphia was recaptured. 
 
 I remain, my dear Sir, 
 
 Very respectfully, 
 Yours. 
 S. DECATUR. 
 
 Washington, Dec. 8, 1825. 
 Dear Madam: 
 
 In reply to your note of yesterday, I have the 
 pleasure to say, that I know of nothing which could have 
 rendered it impracticable to the captors to have taken the 
 Philadelphia out of the harbour of Tripoli. The water was 
 sufficient, and I believe the wind was favourable,- conse- 
 quently, nothing but the want of skill in the pilot who was 
 with them, was likely to have prevented such a result, if it 
 had been attempted. The brig Syren, which lay off the 
 
37 
 
 harbour, would have been sufficient to have protected her 
 the moment that she had cleared the port. 
 I am respectfully, yours. 
 (Signed) JA'B. JONES. 
 
 Mrs. Decatur. 
 
 Certificate of Salvador e Catalano. 
 
 The subscriber certifies, that he was attached to the Ame- 
 rican Squadron in tbe Mediterranean, as Pilot on board of 
 the frigate Constitution, commanded by Commodore Preble. 
 That he was sent in the ketch Intrepid, to pilot her into 
 the harbour of Tripoli, for the purpose of destroying the 
 frigate Philadelphia, then in possession of the Tripoli tans. 
 That owing to his perfect acquaintance with the harbour 
 of Tripoli, and his personal knowledge of the people and 
 their language, the ketch was permitted to come alongside 
 of the Philadelphia. That he is, and always was, of opin- 
 ion, that in the state of the wind at the time, and his know- 
 ledge of the current and the soundings of the harbour, that 
 the ship might have been brought out with safety, had not 
 orders been peremptorily given to destroy her. That he 
 gave this opinion to Commodore Decatur, on board the Phi- 
 ladelphia, at the moment of her capture; who was only pre- 
 vented by his orders, from making the attempt. That all the 
 nautical men with whom he has conversed on the subject, 
 and to whom he has explained the grounds of his opinion, 
 have acknowledged the correctness of his statements. 
 
 SALVADORE CATALANO. 
 Navy Yard, Washington, Dec. 19, 1825. 
 
 My Dear Madam: 
 
 I cannot, with any precision, state the 
 distance that the frigate Philadelphia was from the entrance 
 of the harbour, at the time she was set fire to, as our situa- 
 tion did not admit our seeing her and the whole of the har- 
 bour at the same time; but as the entire length of the har- 
 bour is about 3 or 4 miles, I am of the opinion that she must 
 have been from 2 to 2£ miles from the entrance. 
 Respectfully, yours. 
 
 JACOB JONES. 
 Mrs. Decatur. 
 
18 
 
 Letter from Com. Jones, A'ary Commissioner, relative to the 
 proper mode of distributing the prize money. 
 
 Washington, 28th Nov., 1825. 
 Dear Madam: 
 
 In compliance with your request, that I should 
 make known to you my opinion respecting the division of 
 the sum that may he voted to the captors of the frigate Phi- 
 ladelphia, in the harbour of Tripoli; I have to state to you 
 the following as the manner comporting with my idea of 
 equity in that case. First, that there should be made a di- 
 vidend of the money in the same legal proportion to each 
 officer and seaman, as if the class in which he was compris- 
 ed was full; and then, that the surphis money should be re- 
 divided in the same manner, until entirely distributed. 
 I am, very respectfully, 
 Yours. 
 (Signed) JA'B. JONES. 
 
 Mrs. Decatur. 
 
 Letter from Captain Rodger s, relative to the distribution of 
 the prize money. 
 
 New-London, 8th Nov., 1826. 
 
 Madam: 
 
 I have been honoured with your favour of the 1st inst. 
 enclosing the copy of a bill reported by the Naval Committee 
 in your favour, and take the earliest opportunity to assure 
 you that it has my hearty concurrence, as the only equita- 
 ble way in which the distribution can be made. The few 
 gallant spirits that accompanied the hero who was the soul 
 of that important and hazardous enterprise, should alone 
 share with his respected widow, what I trust the justice and 
 gratitude of his country will grant unanimously. The high 
 veneration in which I hold the remembrance both of the pub- 
 lic and private virtues of your lamented husband, will al- 
 ways command any services within my power. I must ever 
 consider whilst under his distinguished command, as the 
 proudest and happiest years of my naval career. 
 
 Be pleased, my dear madam, to accept the assurance of 
 the unalterable respect and esteem of your obedient servant. 
 
 GEORGE W. RODGERS. 
 Mrs. Susan Decatur. 
 
S9 
 
 Letter from Captain Warrington, relative to the distribution 
 of prize money. 
 
 Navy Commissioners' Office, ~> 
 November 4th, 1826. $ 
 
 Dear Madam: 
 
 The letter which you did me the honour to 
 address to me at Norfolk, reached me so short a time before 
 my departure from that place, as to prevent me from answer- 
 ing it there, or as quickly as I could have wished. 
 
 I have read over attentively, the copy of the bill now 
 pending, in which you are so materially interested; and am 
 decidedly of opinion, that its provisions are equitably adapt- 
 ed to the case. 
 
 The peculiar circumstances under which that exploit was 
 achieved, which added so greatly to the national character, 
 and so essentially benefited our country in that quarter, 
 takes it out of the line of cases contemplated by the act of 
 Congress apportioning prize money, and seems to require a 
 specific compensation. 
 
 This view of the subject receives additional weight, from 
 the universal impression, that the planner and suggester of 
 the expedition, was also its executor. 
 
 I am, with great respect and regard, 
 Your obedient servant. 
 
 L. WARRINGTON. 
 
 Letter from Captain Crane, relative to the distribution of 
 prize money. 
 
 Navy Yard, Charleston, > 
 October 31st, 1826. 3 
 My Dear Madam: 
 
 I am favoured with your letter of the 25th instant — and 
 concur with the Committee of Congress, who reported a bill 
 at the last session in favour of your claim: the manner they 
 propose distributing the compensation, appears to me just 
 and equitable. 
 
 I have the honour to be, 
 With the highest respect and esteem, 
 
 Your obedient servant, 
 
 W. M. CRANE. 
 Mrs. Decatur, Georgetown. I). C. 
 
40 
 
 Letter from Captain Spence, relative to the distribution of 
 prize money. 
 
 Baltimore, May 19th, 1826. 
 Dear Madam: 
 
 I have had the honour to receive your letter of 
 the 11th inst. covering a copy of an opinion given hy Capt. 
 J. Jones, as to the proper distribution of the sum which may 
 be voted by Congress as a reward for the destruction of the 
 frigate Philadelphia in the harbour of Tripoli, by your la- 
 mented and much loved husband. 
 
 I concur with Captain Jones in opinion, and believe the 
 mode pointed out by him to be perfectly equitable, and best 
 calculated to do justice to all who took part in that gallant 
 achievement, to our country above all price. 
 
 With my best wishes for your health, I remain, dear 
 Madam, very sincerely yours. 
 
 ROBERT TRAILL SPENCE. 
 
 Letter from Caj)tain Read, relative to the distribution of prize 
 
 money. 
 
 New York, May 28th, 1826. 
 My Dear Madam: 
 
 I have the honour to acknowledge the re- 
 ceipt of your letter dated the 22d instant — and have perused 
 with attention, its enclosures. 
 
 I regret exceedingly to learn that Captain Morris has in- 
 terfered with your claim, by stating objections to the mode 
 and manner of distribution. I am not acquainted with the 
 views of Capt. M. on this subject; nor have I, since my re- 
 turn, met with any person capable of explaining to me the 
 wishes of the parties; but the copy of the bill which you have 
 been pleased to send me cannot be misunderstood, and I have 
 no hesitation in expressing my opinion of its being as equita- 
 ble a mode for the distribution of the amount when obtained, 
 as any that can well be devised. 
 
 Until very lately, I never heard it doubted, that the plan 
 for the destruction of the frigate Philadelphia originated 
 with your husband. But this is of little moment, when we 
 come to reflect that his memory cannot be robbed of the 
 glory of having achieved the enterprise. In public life, we 
 all know that it is much easier to suggest and plan, than it 
 is to execute. 
 
 I have the honour to be, Madam, 
 
 Your obedient servant. 
 
 GEO. C. READ. 
 Mrs. Susan Decatur. 
 
41 
 
 Letter from Ca])tain Ridgely, relative to the distribution of 
 prize money. 
 
 Portsmouth, N. H. ? 
 Nov. 14th, 1826. S 
 
 I have had your letter of the 12th ult, my dear Madam, 
 for some time, and must plead as my apology for not having 
 given it my more early attention, a multiplicity of duties 
 beyond my control. 
 
 You ask of me to give my unreserved opinion of "the bill" 
 reported by the Naval Committee, based upon "the same 
 proportions that are prescribed between the commanders and 
 the Lieutenants, &c. &c. &c. in the cases of the Guerriere, 
 Macedonian, and Java," and "that Capt's. Jones, Spence, 
 Crane, and Read, combine in thinking it as equitable a di- 
 vision as could be made in such a case." 
 
 I am free to confess that I do not think "the bill" all that 
 I could wish, and which I think you are justly entitled to. 
 It I understand that "bill," you can only be entitled to re- 
 ceive three-20ths of a frigate destroyed by our cruising fri- 
 gates, (such as the Guerriere, for instance,) and for which 
 the Government only allowed $1 00, 000; therefore, you 
 would be only entitled to $15,000, when my impressions 
 are, that the daring and gallant act of your late lamented 
 husband on the captured frigate Philadelphia, gave him an 
 exclusive claim on his Government for a deed unrivalled, 
 and which did more to brace the nerves of the officers of our 
 navy to noble and chivalric deeds, than all others since we 
 have been a naval nation. 
 
 My opinion is, therefore, that a bill should be drawn to 
 compensate (as far as pecuniary compensation can go,) the 
 widow of that heroic man, who, by his noble deeds, stood 
 preeminent in our nation, and who died for the honour and 
 reputation of his country; and I think that if g>100,000 can 
 be so appropriated, that one-half of which will go to you, 
 it will not be more than you have a right to ask, and cer- 
 tainly not more than you have aright to expect. 
 
 If I can serve you, while I am abroad, I pray you to com- 
 mand your friend and faithful servant. 
 
 CHARLES G. RIDGELY. 
 
 Mrs. S. Decatur. 
 
 F 
 
42 
 
 Instructions from the JVavy Department. 
 
 Navy Department, April 15th, 1815. 
 
 Sir: 
 
 The Government of the United States having declared 
 war against the Regency of Algiers, the President has ap- 
 pointed you to command the squadron immediately destined 
 to act against that power. 
 
 As it is considered that the squadron at present under 
 your command, is not sufficiently strong to attempt offensive 
 operations against the town and batteries of Algiers, you 
 may await an augmentation of force, which will follow from 
 the United States with all possible despatch: and use your 
 own discretion in directing the operations of your squadron 
 in such manner as to produce the most effect upon the ene- 
 my, or for the more immediate protection of our commerce 
 to and from the ports of that sea. 
 
 With every wish for your success, and the most honoura- 
 ble result of your expedition, I am, very respectfully, Sir. 
 your obedient servant. 
 
 (Signed) B. W. CROWNINSHIELD. 
 
 Com. Stephen Decatur, Commander in Chief of the 
 
 U. S. Squadron destined to the Mediterranean, N. Y. 
 
 i 
 
 Mr. Monroe, Secretary of State, to William Shaler, U. S. 
 Consul at Algiers, and Captains William Bainbridge and 
 Stephen Decatur. 
 
 Department of State, April 10, 1815. 
 
 William Shaler, ~j Esquires, Commissioners 
 Wm. Bainbridge, & I of the U. S. for treating 
 Stephen Decatur, J of peace with Algiers. 
 Gentlemen: 
 The unprovoked war which the Dey and Regency of 
 Algiers have declared against the United States, excited that 
 degree of resentment in their Government and People, which 
 it justly merited. Congress, at their last session, manifest- 
 ed their sense of this act, by declaring war against that 
 power, and authorizing the equipment of such a force as 
 would secure the desired effect. The largest squadron that 
 ever sailed from this country, is now ordered against Algiers, 
 under the command of officers of great experience and talents, 
 from whose judgment and gallantry the happiest result is an- 
 
48 
 
 ticipated. For the conduct of the war, instructions will be 
 given to the commander of the squadron, by the Secretary 
 of the Navy. This letter will prescribe the conditions of 
 the peace which you are authorized by the President to con- 
 clude, and for which you will receive, herewith, a commis- 
 sion, signed by him. 
 
 An honourable and lasting peace is the great object of this 
 expedition. An early one would be agreeable.; but none 
 must be made, unless it be honourable. Whenever such a 
 peace can be obtained, you will conclude it. The spirit 
 in which this war has been declared by the Government of 
 Algiers, with its well known policy and character, forbid 
 the hope of obtaining such a peace by other means than the 
 dread, or success of our arms. If a just punishment should 
 be inflicted on those people for the insult and injuries we 
 have received from them, the peace might be more durable 
 than if it should be concluded at the first approach of our 
 squadron. Let not this, however, form any motive for 
 your conduct, especially in delaying the peace. It is the 
 duty of the Government to terminate the war as soon as it 
 may be done on just and honourable conditions. We may, 
 it is presumed, rely on the credit already acquired by our 
 arms and the known gallantry of our people for the faithful 
 execution of the treaty, and future respect from that power. 
 Should we, however, be disappointed in this reasonable expec- 
 tation, as the United States are rapidly increasing in their 
 population, and rising in their importance as a commercial and 
 maritime nation, they will, every year, have it more in their 
 power to inflict the punishment on them, which, for the pre- 
 sent, may be spared. 
 
 Without a strong force presented before the town of Al- 
 giers, or collected in the Mediterranean, at some advantage- 
 ous point or station, prepared to act, it is believed that such 
 a treaty as the United States ought to accept, cannot be ob- 
 tained. Whether it will be better to proceed directly with 
 the squadron in front of the town, before an attempt is made 
 to negotiate, or to remain at some distance, your own judg- 
 ments, aided by the intelligence you may obtain of the ene- 
 my's force, the state of the city, and other circumstances, 
 will be your best guides. 
 
 In coming before the town, it is usual to hoist the flag of 
 a neutral friendly power, to invite negotiation with a view 
 to peace, before proceeding to extremities. The Consul of 
 that nation then comes on board in an Algerine boat, and 
 he is made the organ of a message to the Dey, such as the 
 
44 
 
 power thus circumstanced, may think proper to send him. 
 Should this he done, as the Consul of Sweden, M. Nordu- 
 ling, has heen friendly to the United States, the Hag of Swe- 
 den is preferred. Supposing it possihle that you may take 
 this course, the President has thought it proper to address a 
 letter to the Dey, which is enclosed, to be used hy you, 
 should you find it expedient so to do. This letter will, of 
 course, he delivered to a discreet and confidential messen- 
 ger, who will he authorized and instructed to give such an- 
 swers to the inquiries of the Dey, and to make such com- 
 munications to him, as you may deem most likely to accom- 
 plish the objects in view. 
 
 At whatever time the negotiation is opened, whether it he 
 before or after proceeding to extremities, the conditions 
 must he such as are honourable to the United States. No tri- 
 bute will be paid, no biennial presents made; the United 
 States must hold the high ground with that power which 
 they ought to hold: they must stand on the footing of the 
 powers of Europe, who are most respected there, such as 
 England, France, and Russia. Complimentary attentions 
 and presents when Consuls are presented, or at other times, 
 such as those powers make, the United States are willing 
 to make, but none other. These must be voluntary, not com- 
 pulsory or stipulated by treaty. That point being secured, 
 the United States will not fail to make such as may suit 
 their rank as a nation, having in view the good disposition 
 manifested towards them by the Government of Algiers, on 
 which they will depend. 
 
 The discharge of our citizens, so unjustly captured, will 
 be a necessary consequence of peace. The payment of any 
 money for their liberation, especially by way of ransom, 
 would countenance the late unwarrantable declaration of 
 war by the Dey, and might invite another war, with a view 
 to a like claim. It is the object of the United States to put 
 an end to these odious practices, as to themselves, so far as 
 circumstances will admit, and in which they cannot fail to 
 succeed, if the undertaking is favoured by the powers who 
 are supposed to have a common interest in it. Should this, 
 however, appear to be a formidable obstacle to a peace which 
 might otherwise be obtained on honourable and satisfactory 
 conditions, it is presumed that it may be removed by an in- 
 formal understanding that it is not the mere question of the 
 sum demanded that prevents a provision for it in the treaty, 
 but the recognition of the principle. In the way of a pre- 
 sent, after the conclusion of the treaty, a reasonable sum 
 may be given to him gratuitously. 
 
45 
 
 The honourable termination of the war with England, 
 with which the Government of Algiers is, doubtless, well 
 informed, and the complete liberation of our forces for this 
 service, must satisfy the Dey that he has much to dread from 
 the continued hostility of the United States. From the 
 formidable force ready to assail him, he must anticipate the 
 most serious disasters; and when he recollects how rapidlj 
 we have grown to the present height, a sure presage of the 
 high destiny which awaits us, he will find no cause to hope 
 for any change in his favour. Great confidence is therefore 
 entertained, that you will readily succeed in accomplishing 
 the important objects of the expedition. 
 
 The Secretary of the Treasury has been requested to take 
 measures for placing in the hands of Baring, Brothers, and 
 Co., the bankers of the United States in London, subject to 
 your drafts, the sum of thirty thousand dollars. It is pro- 
 per that two at least of the commissioners should sign the 
 drafts which it may be necessary to draw upon the bankers, 
 and that the most favourable rate of exchange should be ob- 
 tained in the negotiation of them. The proceeds will be ap- 
 plicable to the purchase of the presents which may become 
 necessary in case of peace, the disbursement of which vou 
 will keep a particular account of, taking vouchers in all 
 cases, where it is practicable. 
 
 I have the honour to be, &c. 
 (Signed) JAMES MONROE. 
 
 Remarks upon the Claim of Mrs. Decatur, as representative of 
 the late Com. Decatur, in behalf of herself and of the Officers 
 and men of the ketch Intrepid, for compensation in the nature 
 of prize money, for the capture of the Philadelphia in the 
 harbour of Tripoli. 
 
 That the captors might, if not peremptorily enjoined to the 
 contrary by their orders, have brought off their prize, and 
 reaped the pecuniary reward designed them by the law, is a 
 matter of the highest probability; and approximates certain- 
 ty as near as any unaccomplished event can do. They found 
 her completely equipped and fitted for sea, and prepared for 
 action, — even to the loading of her guns. After all the time 
 spent in the action; in preparations to execute the order for 
 the destruction of the ship; in the effectual application of the 
 means of destruction, according to the details of the order; 
 and in waiting to see the progress and effect of the same, and 
 
46 
 
 to repel the apprehended attempts of the enemy to retake the 
 ship, before her destruction had been placed beyond doubt; — 
 after all this lapse of time, the captons effected their retreat, 
 in their own vessel, without the loss of a man. — I apprehend 
 that the means and the chances of escape in the captured 
 frigate, were incalculably greater and more certain, if the 
 captors had been at liberty to cut her cables and hoist sail, 
 the instant they had mastered her decks. Two obstacles 
 were to be apprehended and guarded against, whether they 
 retreated in their own vessel, or in the prize; recapture and 
 impediments of navigation. Against the first, the superior 
 means of defence in the frigate are too obvious to be insist- 
 ed on: and I take it for granted, that her faculties as a sailer, 
 the depth of water and other circumstances must have opened 
 her a way to the sea, at least as safe and speedy as that of the 
 ketch Intrepid. — But the time which would thus have been 
 gained, must be held conclusive. The advantage it would 
 have given the captors is incalculable: — and even if it were 
 possible to suppose that the intrinsic difficulties opposing 
 their egress in the frigate, were greater than what they en- 
 countered in the ketch, (an hypothesis deemed wholly inad- 
 missible) still the advantage of time must more than have 
 compensated them. Com. Preble framed his order when at a 
 great distance from the scene of action; and, reasoning from 
 probabilities and circumstances in general, he inferred that the 
 enterprise, even to the extent of taking and destroying the 
 frigate, would have been attended with more difficulty and 
 loss than actually occurred. He did not anticipate the con- 
 sequences, to their full extent, of the panic terror, with 
 which the suddenness of the attack and the heroic bearing of 
 the assailants struck the enemy : he probably anticipated des- 
 perate resistance, and a serious sacrifice of life. It was ob- 
 viously impossible for him, at that distance, to judge of the 
 actual state and condition of the frigate, or of the existing 
 means and facilities for bringing her off; which must have 
 depended on contingencies which he had no possible means 
 of ascertaining: such as the losses to be sustained by the as- 
 sailants, in carrying her; the state of her equipment for de- 
 fence or for sailing; of the wind, weather, 6tc. Her destruc- 
 tion by so well-planned and daring an enterprise, was de- 
 servedly considered as of the utmost importance to the opera- 
 tions then going on against Tripoli; as well from its moral 
 effect upon the enemy, as the abstraction of so much of his 
 positive force. This great object, the Commodore conclud- 
 ed from the facts and circumstances then known to him. 
 
47 
 
 would have been put in too much hazard, by an attempt to 
 push the enterprise to the point of still more signal and glori- 
 ous success, by bringing off the prize in the face of the ene- 
 my. But it turned out, in the event, that this would have 
 been far the safer and easier achievement. 'Tis understood, 
 indeed, to be the opinion of the most experienced and skilful 
 naval commanders, that if Com. Preble had conducted the 
 enterprise in person, he would upon the spot, and with a full 
 view of all the circumstances, have changed his plan, and 
 brought off the frigate. This is well known to have been 
 the decided and clear opinion of the illustrious commander, 
 who first suggested, and then executed the enterprise with so 
 much glory and advantage to himself and his country. 'Tis 
 well known that while he faithfully and punctually fulfilled 
 the orders of his superior in command, he would gladly have 
 followed the bent of his own genius, by taking the course 
 pointed out by the circumstances and the event of the ac- 
 tion. 
 
 As to one of the questions which have been suggested in this 
 case, whether the captors acquire a beneficial property and 
 interest in a maritime prize of war, before adjudication, I 
 haye, on a former occasion, been called upon to give it full 
 consideration: and the opinion then expressed, and the rea- 
 sons advanced in the affirmative, I yet adhere to, with 
 a confidence corroborated by the success with which they 
 were maintained before a tribunal of preeminent learning 
 and talent. 
 
 The general principle, deduced from the maritime law of 
 nations, lias been settled by repeated decisions, of the high- 
 est authority in this country: and stands clear of any possible 
 doubt. The transfer of the property of prize, from the one 
 belligerent to the other, at the instant of capture; a property 
 for which the victor's flag is the all-sufficient badge, and 
 which can be divested only by recapture or by the sentence 
 of a competent court; — the consequent capacity of the captor 
 to vindicate his right of property and possession by every 
 species of possessory action, or other judicial remedy inhe- 
 rent to every lawful possession coupled with a beneficial inter- 
 est, have been distinctly and conclusively established by a 
 concurrence of numerous decisions, both in the former fede- 
 ral court of appeals, and in the present supreme court of the 
 U. States. By these the property is held to be so indefeasi- 
 bly vested in the captor, by the mere capture, without ad- 
 judication as prize, that it was not divested by his setting 
 fire to his prize at sea, and giving her up to destruction, for 
 
48 
 
 the want of adequate lone to bring her into port. This was 
 decided by the Federal court of appeals, in the Mary Ford,* 
 and reconsidered and approved by the supreme court in the 
 L'lnvinciblcf An American ship found the Mary Ford in 
 this desperate condition at sea, extinguished the fire, and 
 brought her safe into port: where she was claimed both by 
 the original British owner and by the French captor: the 
 claim of the former was rejected, and restoration on salvage 
 decreed to the captor. In the Josepha Segundat it was de- 
 cided that an unadjudicated prize, brought by the captor in- 
 to a neutral port, might there be absolutely forfeited by a 
 breach of the local laws of trade. A stronger illustration of 
 the rights acquired by mere capture, before condemnation, 
 need not be desired: for here, an indefeasible transfer of the 
 property was held to have been operated by the sole act of 
 the captor; and expressly for the reason that his title is 
 vested by virtue of the capture alone, and instantaneously 
 that it is achieved: subject to be divested only by recapture, 
 or by the sentence of a competent tribunal. § 
 
 Such are the clear and unquestionable rights of property 
 incident to maritime capture, jure belli, as deduced from the 
 maritime law of nations. That there is no distinction, in 
 this respect, between the rights of belligerent captors in 
 general, and those of the officers and men belonging to the 
 public and private armed ships of the United States, under 
 the several acts of Congress by which their respective 
 rights are recognised, has been settled, after full discussion 
 and mature consideration, by the late Board of Commission- 
 ers for the adjudication of claims upon Spain, under the 
 treaty with that power, commonly called the Florida treaty; 
 which was the occasion, before mentioned, which had former- 
 ly led me to examine the question. It was there presented 
 in various cases of captures during the late war with Bri- 
 tain, some by our public ships of war, some by privateers; 
 whose prizes had been seized or despoiled in Spanish ports, 
 before adjudication. In these cases, it was decided that the 
 captors in both descriptions of capture, had acquired Inich 
 an interest in their respective prizes, by the mere capture, 
 without any adjudication, as entitled them to demand in- 
 demnity from Spain, just as any other proprietors, who had 
 suffered the like injuries; and, consequently, that they ought 
 to be admitted as claimants under the treaty. It was ne- 
 
 * 3 Dal. 188. f 1 Wheat. 259. * 5 Wheat. 357. 
 
 § For some additional illustration, vid. the Resolution, 2 Dal. 1. The 
 Neustra Senora, 4 Wheat, 501. 
 
49 
 
 1 1 r imagined that, when the acts of Congress superadded the 
 solemnity of condemnation, as one of the requisites to the full 
 and perfect enjoyment of the fruits of prize, it was intended 
 to make it the preliminary requisite to the investiture of the 
 right of property. By the terms of the act it is made ne- 
 cessary for the purpose only of authorizing the disposal of 
 the prize, and the distribution of the prize money. The 
 specific property in the prize itself, w as not in the contem- 
 plation of the le'gislature: they speak only of the "proceeds" 
 and the distribution of the "prize money" resulting from 
 the disposal of the prize after condemnation: it is for this 
 only that the captors are to await the process of regular ad- 
 judication.* This precaution of public policy, to prevent 
 the irregularities and abuses that might follow from the un- 
 limited disposal and appropriation of prizes by captors, 
 without any judicial sanction of the capture, has been more 
 distinctly pronounced and emphatically enjoined in the case 
 of privateers; — who are expressly forbidden to break bulk, 
 or make any other disposal or conversion of their prizes, 
 before due condemnation by a competent tribunal.! It ne- 
 ver entered into the conception of Congress to make any 
 change in the rule of public law, by which the transfer of 
 the property of prize from the one belligerent to the other 
 had been determined. To have placed the rights of the offi- 
 cers and men of our own navy upon a foot of inequality, in 
 this respect, With those of other nations, would have been 
 not more injurious to the individuals, than a disparagement 
 of the belligerent rights of the United States as a sovereign 
 power. The only office and effect assigned to a sentence of 
 condemnation, by the various acts of Congress on the sub- 
 ject of recapture, salvage and prize, are merely to annex 
 to the right of property, acquired jure belli, the qualities of 
 being disposable; so as to let the captors into the actual 
 fruition of the proceeds, and to bar the right of postliminy 
 in the original owner, as opposed to the rights of recaptors 
 and vendees. Beyond this, the greatest sticklers, else- 
 where, for the necessity of adjudication to consummate the 
 property of prize, have not pushed the doctrine in practice. 
 As to the case of the Elsebe,t decided by Sir William Scott. 
 I do not think that any fault can be found with the decision 
 
 * Yid. Act of April 23, 1800, ch. 33, for the better government of the 
 N'avy, sees. 5 & 6, vol. 3, p. 360. 
 f Act of June 26, 1812, ch. 107, sec. 6, vol. 4, p. 450. 
 t 5 Rob. 155. 
 G 
 
50 
 
 upon the point directly put in issue by that case; — which was 
 simply that the government may, by a treaty of' peace, law- 
 fully restore a prize before condemnation; and that the ques- 
 tion of compensation to the captor rests w ith the govern- 
 ment, and not with the court of prize. I should not have 
 doubted the power of the British government, or of any 
 other government, to do this, in virtue of the Eminent Do- 
 main incident to sovereignty; — but upon the indispensable 
 condition of making just compensation for the private rights 
 of property affected by the measure: a condition which pub- 
 lic morality and public law have made coextensive with the 
 power; and which has, in express terms, been annexed to it 
 by the constitution of the United States.* The principle 
 derogates nothing from the captor's inherent rights of pro- 
 perty, in virtue of the mere capture; because it extends to 
 every species and quality of property belonging to the citi- 
 zens or subjects of the sovereign, without distinction, whe- 
 ther it be qualified in its nature, or consummate and perfect. 
 In the argument of the court, however, in the Elsebe, some 
 dicta are uttered, going rather beyond the principle necessarj 
 to be decided in the case. These may be referred to certain 
 peculiar and favourite doctrines of that court, on the gene- 
 ral necessity and effect of a sentence of condemnation, which 
 have, in a great measure, resulted from the policy and in- 
 terest of Britain in her relative condition as a maritime 
 power: but from which to infer a sentence of condemnation 
 to be an indispensable prerequisite to the transfer of the 
 property of prize from one belligerent to another, would be not 
 only to set aside the whole current of decisions in our own 
 courts, sustained by those of the great majority of civilized 
 nations, but would very far transcend any practical deci- 
 sion in England, either of the courts of admiralty or of com- 
 mon law; — notwithstanding some certain dicta of the former. 
 Their courts of common law have clearly decided that the 
 captor acquires a beneficial interest in the prize, upon 
 which he may effect insurance, "from the moment the victor 
 hoists his flag on board the conquered ship."f The pre- 
 sent claim, like that of insured upon insurer, is strictly a 
 claim for indemnity; — in which it is universally held to be 
 utterly immaterial whether the property be qualified and 
 
 • Nots. — This doctrine has been adverted to, and pretty fully explained 
 in the memorial of Mr. Meade, presented to the President some years 
 ago — and about to become a subject of discussion before the present Con- 
 gress. 
 
 f 1 Marsh, on Insur. 107-8. 
 
51 
 
 require some ulterior process for its consummation, or be 
 consummate to every practical purpose of perfect fruition. — 
 It Has already been shown that, upon general principles, 
 and according to all law and precedent in this country, the. 
 property of the captor, in an unadjudicated prize, is con- 
 summate to every beneficial purpose but that of being chang- 
 ed into the shape of prize money for distribution; and of 
 being assignable, ad iiifiniUun, discharged from the right of 
 postliminy: and when the actual decisions of the English 
 courts of admiralty and common law come to be critically 
 examined and compared, they will be found to give the same 
 practical result. 
 
 Whether Congress, when they awarded compensation, in 
 lieu of prize money, to the captors of the Guerriere and Java, 
 proceeded upon the ground of strict right or of equitable in- 
 demnity, cannot perhaps be positively asserted. But, either 
 way, these precedents come up fully to the principle of the 
 present claim; — if they do not go beyond it. In those cases, 
 the destruction of the prizes necessarily resulted from the ac- 
 tion, and from the fortune of war; — while, in this, the captors 
 might have preserved their prize and enjoyed the fruits of 
 their toil and danger, but for the intervention of an overruling 
 order, positively forbidding it. In other respects, it is sub- 
 mitted with confidence, that there can be no defect of merits, 
 either positive or comparative, in the captors of the Phila- 
 delphia, to exclude them from the benefit of these precedents; 
 whatever the principle upon which they were established. 
 
 W. JONES. 
 
 December 9, 1825. 
 
 CASE. 
 
 An American man of war having succeeded in effecting 
 the capture of an enemy's vessel of superior force, having 
 entirely dispossessed the enemy and obtained undisputed 
 possession, in obedience to peremptory orders, destroys the 
 prize without bringing her into port, and before obtaining a 
 decree of condemnation in a prize court; have such captors 
 any legal claim to the value of the captured property, as 
 against the United States ? 
 
 OPINION. 
 
 The claim of captors to the proceeds of prizes taken by 
 Jlicm from the enemv, is founded on the 5th sec. of the act 
 
5S 
 
 of Congress of April 23, 1800; which enacts that "the pro- 
 ceeds of all ships and vessels, and the goods taken on board 
 of them, which shall be adjudged good prize, shall, when of 
 equal or superior force to the vessel or vessels making the 
 capture, be the sole property of the captors." 
 
 By the law of nations, and independently of any statutary 
 provision, all captures enure to the exclusive benefit of the 
 government. Most nations, however, have, for the pur- 
 pose of stimulating those in their service to greater vigi- 
 lance and activity, granted this interest, or a portion of it, 
 under special circumstances, to the individuals by whom the 
 prizes are made. The statute to which I have referred, con- 
 tains the terms and conditions upon which this right is trans- 
 ferred in the cases specified under our ow n law. It operates 
 as a contract between the nation and the captors. 
 
 It might be imagined that the language of the statute im- 
 plies that condemnation as prize of war is an essential pre- 
 liminary to the vesting of this right. I cannot, however, 
 bring my mind to the conclusion, that Congress, in this in- 
 direct manner, designed to commit the country upon the im- 
 portant and much litigated question, when the right of pro- 
 perty is completely vested in the captors. Some writers on 
 public law have held that condemnation is essential; others, 
 of equal authority, have sanctioned the opposite doctrine.. — 
 From obvious motives of policy, Great Britain has lent her 
 countenance to the former opinion, but it has never yet 
 been absolutely settled in this country; and it cannot easily 
 be believed that Congress designed to determine the ques- 
 tion in this collateral manner. Indeed, there seems little 
 necessity for insisting upon it as indispensably requisite, 
 except in the case of neutral property which has become ob- 
 noxious to capture by some violation of belligerent rights. 
 The right of the neutral, presumptively unquestionable, 
 ought to be divested only by a judicial decree fixing upon 
 him the offence which involves as its consequence the forfeit- 
 ure of his property as prize. Where, how ever, the proper- 
 ty is avowedly and notoriously hostile, condemnation as 
 prize is not universally necessary, and may be regarded as 
 little more than a mere formality. Our own courts have 
 held that simple belligerent possession confers a right, which 
 can be questioned only by superior force of arms on the part 
 of the enemy, or its validity judicially determined in the 
 courts of the captors themselves. At all events, under the 
 strictest decisions of the English courts, an inchoate light 
 vests immediately by the very act of capture, which is re- 
 
53 
 
 cognised as susceptible of transfer, of insurance, and other 
 acts of ownership, and which is distinguishable only in de- 
 gree from the same rights when perfected by the decree of a 
 prize court. 
 
 In this view of the case I am unable to discriminate be- 
 tween a right of this description and any other species of 
 property, which, by the constitution of the United States, it 
 is prohibited to take for public purposes without compensa- 
 tion. If a capture has been legally effected, if the captors 
 are in undisputed possession of the prize, and the govern- 
 ment, to subserve its own purposes, surrenders it to the ene- 
 my, relinquishes it to a neutral, employs it in military ope- 
 rations, by which it is lost to those interested in the pro- 
 ceeds, or consigns it to inevitable destruction, it appears to 
 me that it is bound by every principle of equity and of law 
 to compensate the individual captors to the full value of 
 their respective interests. The constitution equally protects 
 the citizen in the enjoyment of those rights of property 
 which are inchoate and remain to be perfected by some ulte- 
 rior proceedings, as of those which are absolute and indis- 
 pensable. 
 
 Upon another ground, I conceive the claim to be equally 
 well founded: even upon the supposition that condemnation 
 by the admiralty was an essential preliminary to the vesting 
 of the right in the captors. If the performance of this con- 
 dition has been prevented by the act of the government it- 
 self, it is by every principle of law precluded from availing 
 itself of the fact of such non-performance. To interpose an 
 insuperable impediment in the way of the performance of a 
 condition, is tantamount to a waiver of it. If, then, by the 
 authority of the government or of superior officers, who must 
 be considered as the organs of the government, captured 
 property is taken out of the hands of the captors and appro- 
 priated to public purposes, and the captors are thus depriv- 
 ed of the power of obtaining a condemnation, they stand in 
 the eye of the law in the same predicament, and their rights 
 are as perfect, as if the decree of condemnation had actually 
 passed. The physical power belongs to the government: 
 and that may as well be exerted after the prize is brought 
 into port, delivered into the custody of the marshal, and the 
 cause is ready for judgment, as at the moment of capture or 
 at any intermediate period of time. An interposition of this 
 kind it is usual to put as one of those extreme cases which 
 cannot practically be anticipated, because it would be inde- 
 corous even to suppose the government guilty of so gross an 
 act of injustice. 
 
54 
 
 The principles which have been stated, seem to have been 
 recognised and sanctioned by the highest authorities in our 
 country, on some memorable occasions. It is necessary to 
 refer only to one, which strikes me as perfectly coincident. 
 In the summer of 1805, a squadron under the command of 
 Commodore Decatur, captured an Algerine Frigate and a 
 Brig — they were in possession of the captors. With a view 
 to promote the public interests, the negotiators for peace 
 agreed to restore them to the enemy; not by treaty, but as a 
 voluntary donation, after the treaty was completed, and be- 
 cause of their small value to us, as well as the great impres- 
 sion upon the enemy as to our resources, which such an act 
 would produce. No condemnation had passed: the prizes 
 had not been sent to the United States, — yet Congress con- 
 sidered the rights of the captors as perfect, and their inter- 
 ests as sacred; and they were accordingly compensated 
 
 The same principle applies with equal strength to the case of 
 a voluntary destruction by order of the Government as to 
 that of a voluntary surrender. If any difference exists be- 
 tween the cases, it consists in this single circumstance, that 
 in the one case the surrender was in virtue of a general au- 
 thority, which subsequently received the sanction of the Gov- 
 ernment; in the other, the destruction was in compliance 
 with previous orders. 
 
 The only judicial decision which lam aware of, which 
 can be thought to contravene the principles which I have 
 laid down, is one made by Sir William Scott, in December, 
 1804. (The Elsebe, 5 Rob.) That was the case of a Swe- 
 dish vessel, which had been captured, and before condemna- 
 tion, ordered to be restored; and the captors insisted upon 
 their rights, notwithstanding the order of the government for 
 the restoration of the property. The very distinguished 
 judge, by whom the point was determined, viewed the ques- 
 tion as one of great delicacy and difficulty, but be finally de- 
 cided against the claim. Upon this decision, it is important 
 to remark: — 1. That the date of it being subsequent to the 
 destruction of the Philadelphia, it cannot, with fairness, be 
 held to govern the case. 2. The principle which rests at the 
 foundation of the judgment, viz: that a decree of condemna- 
 tion is essential to transfer the property, is not yet establish- 
 ed in this country. It has been adopted in England from 
 considerations of policy: the same motives, if they existed to 
 the same extent in the U. States, have not yet been permitted 
 to influence the decisions of our judicial tribunals. 3. The 
 prerogative of the sovereign, was considered as involved in 
 the question, and influenced the decision of the court: here 
 
55 
 
 no such collateral motive exists. 4. The constitutional pro- 
 hibition to apply the property of individuals to public pur- 
 poses, without compensation, does not operate in England, 
 to stay the arm of the government in disposing of the inter- 
 ests of its subjects. 5. The language of the grant to the 
 captors in England, is much more restricted than that of our 
 own statute: it directs that the prize may be lawfully sold 
 and disposed of, "after the same shall have been to us final- 
 ly adjudged lawful prize, and not otherwise;" recognising 
 in express language, the necessity for a condemnation as an 
 essential prerequisite before any interest vests in the cap- 
 tors. 
 
 If under these circumstances, Sir Win. Scott felt the diffi- 
 culty and delicacy of the question before him, it can scarcely 
 be doubted that had he been sitting in an American instead of 
 an English court, administering justice under our statute, 
 and guiding himself by the principles of our constitution and 
 government, he could scarcely have hesitated in sanctioning 
 the validity of the claim of the captors. 
 
 On the whole, my opinion is, that in every case in which 
 the captors have been prevented by the act of the government, 
 or its lawfully authorized agents, from proceeding to adjudi- 
 cation and obtaining a decree of condemnation, the fair and 
 just interpretation of the statute entitles them to remunera- 
 tion to the full value of the property captured. As, however, 
 no suit can be sustained against the United States, to enforce 
 any pecuniary claim, the only resource is an application to 
 the justice and equity of Congress. 
 
 The foregoing opinion assumes for its basis the two facts, 
 that the vessel might have been brought out of the enemy's 
 port,* and that this was not done, by order of the command- 
 er. The situation of the Philadelphia frigate, not more 
 than from two miles to two and a half from the mouth of the 
 harbour; the wind favourable, which would have enabled her 
 to pass over this space within a quarter of an hour, justify 
 to the minds of those who are not skilled in nautical matters, 
 the decided opinion of Captain Jones, than whom no more 
 competent judge can be found, and of the pilot who accom- 
 panied the expedition. The orders of Commodore Preble are 
 equally decisive of the other question. 
 
 RICHARD S. COXE 
 Georgetown, D. C, December 2, 1825. 
 
56 
 
 [From the Analectic Magazine, Vol. 1, for 1813.] 
 
 When Lieutenant Decatur returned to the United States, 
 lie was ordered to take command of the Argus, and proceed 
 in her to join Commodore Preble's squadron, then in tie- 
 Mediterranean, and on his arrival there, to resign the com- 
 mand of the Argus, to Lieutenant Hull, and take the schoo- 
 ner Enterprise, then commanded by that officer. After 
 making that exchange he proceeded to Syracuse, where the 
 squadron was to rendezvous. On his arrival at that port 
 he was informed of the fate of the frigate Philadelphia, 
 which had ran aground on the Barbary coast, and fallen 
 into the hands of the Tripolitans. The idea immediately 
 presented itself to his mind of attempting her recapture or 
 destruction. On Commodore Preble's arrival, a few days 
 afterwards, he proposed to him a plan for the purpose, and 
 volunteered his services to execute it. The wary mind of 
 that veterau oilicer at first disapproved of an enterprise so 
 full of peril; but the risks and difficulties that surrounded it 
 only stimulated the ardour of Decatur, and imparted to it 
 an air of adventure, fascinating to his youthful imagination. 
 
 The consent of the Commodore having been obtained. 
 Lieutenant Decatur selected for the expedition, a ketch (the 
 Intrepid) which he had captui ed a few weeks before from the 
 enemy, and manned her with seventy volunteers, chiefly 
 from his own crew. He sailed from Syracuse on the 3d 
 February, 1804, accompanied by the United States brig 
 Syren, Lieutenant Stewart, who was to aid with his boats 
 and to receive the crew of the ketch, in case it should be 
 found expedient to use her as a fireship. 
 
 After fifteen days of very tempestuous weather, they ar- 
 rived at the harbour of Tripoli a little before sunset. It hu<* 
 been arranged between Lieutenants Decatur and Stewart, 
 that the ketch should enter the harbour about ten o'clock 
 that night, attended by the boats of the Syren. On arriving 
 off the harbour, the Syren, in consequence of a change of 
 wind, had been thrown six or eight miles without the Intre- 
 pid. The wind at this time was fair, but fast declining, and 
 Lieutenant Decatur apprehended that, should he wait for the - 
 Syren's boats to come up, it might be too late to make the 
 attack that night. Such delay might be fatal to the enter- 
 prise, as they could not remain longer on the coast, their 
 provisions being nearly exhausted. For these reasons he 
 determined to adventure into the harbour alone, which lie 
 did about eight o'clock. 
 
 An idea may be formed of the extreme hazard of this en- 
 
57 
 
 terprise from the situation of the frigate. She was moored 
 within half gunshot of the Bashaw's Castle, and of the prin- 
 cipal battery* Two of the enemy's cruisers lay within two 
 cables' length, on the starboard quarter, and their gun -I oats 
 within half gunshot, on the starboard bow. All the guns 
 of the frigate were mounted and loaded. Such were the im- 
 mediate perils that our hero ventured to encounter with a 
 single ketch, beside the other dangers that abound in a 
 strongly fortified harbour. 
 
 Although from the entrance of the place where the frigate 
 lay was only three miles, yet, in consequence of the light- 
 ness of the wind, they did not get within hail of her until 
 eleven o'clock. When they had approached within two 
 hundred yards, they were hailed and ordered to anchor, or 
 they would be fired into. Lieutenant Decatur ordered a 
 Maltese pilot, who was on board the ketch, to answer that 
 they had lost their anchors in a gale of wind on the coast, 
 and therefore could not comply with their request. By this 
 time it had become perfectly calm, and they were about fifty 
 yards from the frigate. Lieutenant Decatur ordered a 
 small boat that was alongside the ketch to take a rope and 
 make it fast to the frigate's fore chains. This being done, 
 they began to warp the ketch alongside. It was not until 
 this moment that the enemy suspected the character of their 
 visitor, and great confusion immediately ensued. This ena- 
 bled our adventurers to get alongside of the frigate, when 
 Decatur immediately sprang on board, followed by Mr. 
 Charles Morris, midshipman. These two were nearly a 
 minute on the deck, before their companions could succeed in 
 mounting the side. Fortunately, the Turks had not suffi- 
 ciently recovered from their surprise to take advantage of 
 this delay. They were crowded together on the quarter 
 deck, perfectly astonished and aghast, without making any 
 attempt to oppose the assailing party. As soon as a suffi- 
 cient number of our men had gained the deck, to form a front 
 equal to that of the enemy, they rushed in upon them. The 
 Turks stood the assault but a short time, and were com- 
 pletely overpowered. About twenty were killed on the 
 spot, many jumped overboard, and the rest fled to the main 
 deck, whither they were pursued and driven to the hold. 
 
 After entire possession hail been gained of the ship, and 
 every thing prepared to set fire to her, a number of launches 
 were seen rowing about the harbour. This determined Lieut. 
 Decatur to remain in the frigate, from whence a better de- 
 fence could be made than from on board the ketch. The 
 H 
 
58 
 
 enemy had already commenced firing upon them from their 
 batteries and castle, and from two corsairs that were lying 
 near. Perceiving that the launches did not attempt to ap- 
 proach, he ordered that the ship should he set on fire, which 
 was done, at the same time, in different parts. As soon as 
 this was completely effected they left her, and such was the 
 rapidity of the flames, that it whs with the utmost difficulty 
 they preserved the ketch. At this critical moment a most 
 propitious breeze sprang up, blowing directly out of the har- 
 bour, which, in a few minutes, carried them beyond the 
 reach of the enemy's guns, and they made good their retreat 
 without the loss of a single man, and with but one wounded. 
 
 For this gallant and romantic achievement, Lieutenant 
 Decatur was promoted to the rank of Post Captain, there be- 
 ing at that time no intermediate grade. This promotion 
 was particularly gratifying to him, inasmuch as it was done 
 with the consent of the officers over whose heads he was 
 raised. 
 
 In the ensuing spring, it being determined to make an at- 
 tack upon Tripoli, Commodore Preble obtained from the 
 King of Naples the loan of six gun-boats and two bombards, 
 which he formed into two divisions, and gave the command 
 of one of them to Captain Decatur, the other to Lieutenant 
 Somers. The squadron sailed from Syracuse, consisting of 
 the frigate Constitution, the brig Syren, the schooners Nau- 
 tilus and Vixen, and the gun-boats. 
 
 Having arrived on the coast of Barbary, they were for 
 some days prevented from making the attack, by adverse 
 wind and weather; at length on the morning of the 3d of 
 August, the weather being favourable, the signal was made 
 from the Commodore's ship to prepare for action, the light 
 vessels towing the gun-boats to windward. At 9 o'clock the 
 signal was made for bombarding the town and the enemy's 
 vessels. The gun-boats were cast off, and advanced in a 
 line ahead, led on by Captain Decatur, and covered by the 
 frigate Constitution, and the brigs and schooners. The 
 enemy's gun-boats were moored along the mouth of the har- 
 bour under the batteries, and within musket shot. Their 
 sails hkd been taken from them, and were ordered to sink, 
 rather than abandon their position. They were aided and 
 covered likewise by a brig of 16 and a schooner of 10 guns. 
 
 Before entering into close action Capt. Decatur went 
 alongside each of his boats, and ordered them to unship 
 their bowsprits and follow him, as it was his intention to 
 board the enemy's boats. Lieut. James Decatur command- 
 
59 
 
 cd one of the boats belonging to Lieut. Somers's division, 
 but being further to windward than the rest of his division, 
 he joined and took orders from his brother. 
 
 When Capt. Decatur, who was in the leading boat, came 
 within range of the fire from the batteries, a heavy fire was 
 opened upon him from them and from the gun-boats. He 
 returned their fire, and continued advancing until he came 
 in contact with the boats. At this time, Commodore Preble, 
 seeing Decatur approaching nearer than he thought prudent, 
 ordered the signal to be made for a retreat: but it was found 
 that in making out the signals for the boats, the one for are- 
 treat had been omitted. The enemy's boats had about forty 
 men each; ours an equal number, twenty-seven of whom were 
 Americans and thirteen Neapolitans. Decatur, on boarding 
 the enemy, was instantly followed by his countrymen, but 
 the Neapolitans remained behind. The Turks did not sus- 
 tain the combat, hand to hand, with that firmness they had 
 obtained a reputation for: in ten minutes the deck was clear- 
 ed; eight of them sought refuge in the hold; and of the rest, 
 some fell on the deck, and others jumped into the sea. Only 
 three of the Americans were wounded. 
 
 As Decatur was about to proceed out with his prize, the 
 boat which had been commanded by his brother came under 
 his stern, and informed him that they had engaged and 
 captured one of the enemy; but that her commander, after 
 surrendering, had treacherously shot Lieut. James Decatur, 
 and pushed off with the boat, and was then making for the 
 harbour. 
 
 The feelings of the gallant Decatur, on receiving this in- 
 telligence, may more easily be imagined than described. 
 Every consideration of prudence and safety was lost in his 
 eagerness to punish so dastardly an act, and to revenge the 
 death of a brother as basely murdered. He pushed within 
 the enemy's line with his single boat, and having succeeded 
 in getting along side of the retreating foe, boarded her at 
 the head of eleven men, who were all the Americans he had left. 
 
 The fate of this contest was extremely doubtful for twenty 
 minutes. All the Americans except four were now severely 
 wounded. Decatur singled out the commander as the pe- 
 culiar object of his vengeance. The Turk was armed with 
 an espontoon, Decatur with a cutlass: in attempting to cut 
 off the head of the weapon, his sword struck on the iron and 
 
 broke close to the hilt The Turk at this moment made a 
 
 push, which slightly wounded him in the right arm and 
 breast. He immediately seized the spear and closed with 
 
60 
 
 him. A fierce struggle ensued, and both fell, Decatur up- 
 permost. By this time the Turk had drawn a dagger from 
 his belt, and was about to plunge it in the body of his foe, 
 when Decatur caught his arm, and shot him with a pistol, 
 which he had taken from his pocket. During the time they 
 were struggling on the deck, the crews rushed to the aid of 
 their commanders, and a most sanguinary conflict took place; 
 insomuch, that when Decatur had despatched his adversary, 
 it was with the greatest diiliculty he could extricate himself 
 from the killed and wounded that had fallen around him. 
 
 It is with no common feeling of admiration that we record 
 an instance of heroic courage, and loyal self-devotion, on the 
 part of a common sailor. During the early part of Deca- 
 tur's struggle with the Turk, he was assailed in the rear by 
 one of the enemy, who had just aimed a blow at his head with 
 his sabre that must have been fatal; at this fearful juncture, 
 a noble-hearted tar, who had been so badly wounded as to 
 lose the use of his hands, seeing no other means of saving 
 his commander, rushed between him and the uplifted sabre, 
 and received the blow on his own head, which fractured his 
 skull — We love to pause and honour great actions in humble 
 life, because they speak well for human nature. Men of 
 rank and station in society often do gallant deeds, in a man- 
 ner from necessity. Their conspicuous situation obliges 
 them to do so, or their eagerness for glory urges them on; 
 but an act like this we have mentioned, so desperate, yet so 
 disinterested; done by an obscure, unambitious individual, a 
 poor sailor, can spring from nothing but innate nobleness of 
 soul. We are happy to add that this generous fellow sur- 
 vived, and now receives a pension from government. 
 
 Decatur succeeded in getting with both of his prizes to the 
 squadron, and next day received the highest commendation, 
 in a general order, from Commodore Preble. 
 
 Extract from Goldsborough's Naval Chronicle. 
 
 "The frigate Philadelphia, Captain Bainbridge, by an 
 unforeseen and inevitable accident, had already been cap- 
 tured by the Tripolitans. This misfortune, which threw 
 a number of accomplished officers and a valiant crew into 
 oppressive bondage, and which had shed a gloom over the 
 whole nation, as it seemed at once to increase the diflicultics 
 of a peace an hundred fold, was soon relieved by one of the 
 
61 
 
 most daring and. chivalrous exploits, that is found on our 
 naval annals. Lieutenant Stephen Decatur, then one of 
 Commodore Preble's subalterns, proposed a plan for recap- 
 turing or destroying the Philadelphia. The American 
 squadron were at this time lying at Syracuse. Agreeably 
 to the plan proposed, Lieutenant Decatur, in the ketch In- 
 trepid, four guns and seventy -five men, proceeded under the 
 escort of the Syren, Captain Stewart, to the harbour of 
 Tripoli. The Philadelphia lay within half gunshot of the 
 Bashaw's castle, and several gun-boats and cruisers sur- 
 rounded her with zealous vigilance. The Intrepid entered 
 the harbour alone about eight o'clock in the evening, and suc- 
 ceeded in getting near the Philadelphia between 10 and 11 
 o'clock, without having awakened suspicion of her hostile 
 designs. This vessel had been captured from the Tripoli- 
 tans, and assuming for this occasion her former national ap- 
 pearance, was permitted to warp alongside, under the al- 
 leged pretence that she had lost all her anchors. The mo- 
 ment the vessels came in contact, Decatur and his followers 
 leaped on board, and soon overwhelmed a crew which was 
 paralyzed with consternation. Twenty of the Tripolitans 
 were killed. All the surrounding batteries being opened up- 
 on the Philadelphia, she was immediately set on fire, and 
 not abandoned until thoroughly wrapped in flames; when a 
 favouring breeze springing up, the Intrepid extricated her- 
 self from her prey, and sailed triumphantly out of the har- 
 bour amidst the light of the conflagration." 
 
 From the Washington Journal. 
 
 FROM ALGIERS. 
 
 Extract of a Letter to the Editor, from a friend, dated Algiers, 
 Aug. 25, 1826. 
 
 A few hours only are left me to write to you and my friends. 
 The vessel which affords us this occasion for Marseilles, be- 
 longs to Curacoa, owned by Capt. Cushing Stetson, former- 
 ly of Boston, and is loaded with Campeachy wood, by mer- 
 chants of that city. She was bound from Campeachy to 
 Marseilles, and within 60 miles of that city was visited by 
 the Algerine squadron, cruising against Spanish commerce, 
 and being found without a Mediterranean pass, was brought 
 in here. — Had it not been for the undaunted spirit and in- 
 flexible character of Mr. Shaler, this vessel would have been 
 
62 
 
 confiscated. The cargo was actually confiscated by the 
 Minister of Marine, Vtkel Hargee, but was subsequently 
 liberated by the Bashaw, on certain conditions. Our Con- 
 sul declared to the Minister that the confiscation would be 
 the cause of war. The Minister, under evident restraint, 
 and even fear, exclaimed, "kuf shey American!" Who are 
 the Americans — ''are they the heavens," that we are eternally 
 opposed by them? This discussion with the Bashaw proved 
 him to be a man of fine judgment, and a Prince of elevated 
 and magnanimous sentiments. He said that he well knew 
 the stipulations of the treaty between the Regency and the 
 United States, for he was not, as informer days, unable to 
 read, and would scrupulously observe them. If the most 
 precious cargo of the Indies, of pearls, and ingots of gold, 
 were brought into this port, and proved to be American 
 property, they should be held sacred, and restored. I was 
 charmed with the urbanity and dignified manners of this 
 Barbarous chief. 
 
 [To whom is the nation indebted for this state of security ? 
 
 I do not hesitate to answer, to my gallant husband and his 
 
 brave associates! 
 
 S. DECATUR.] 
 
 

 
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