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

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Lear would be able to prevail on the Dey to receive money <strong>in</strong> lieu of naval<br />

stores.” 67 Madison’s justifications, particularly the loss on payments, sound not<br />

to be conv<strong>in</strong>c<strong>in</strong>g arguments for expla<strong>in</strong><strong>in</strong>g dues.<br />

Based on Madison’s argument, it appears that the United States had<br />

already taken a move towards a revision of the treaty of 1795. Was it<br />

necessary? One may concede that, after a decade or so s<strong>in</strong>ce the treaty had<br />

been concluded, prices had forcibly changed. But the treaty, anticipat<strong>in</strong>g that<br />

possibility, <strong>in</strong>cluded a clause which fixed the value of stores to twelve thousand<br />

Alger<strong>in</strong>e Sequ<strong>in</strong>s ($21,600) and stipulated that “Should the United States<br />

forward a Larger Quantity [of maritime stores] the Over-Plus Shall be Paid for<br />

<strong>in</strong> Money by the Dey & Regency.” 68 As Madison’s report did not allude to any<br />

Alger<strong>in</strong>e violation of the treaty on this side, i.e.: non-payment for the surplus,<br />

one may need go back to the circumstances which surrounded the signature of<br />

the treaty, precisely the position of Jefferson on the question, to try to f<strong>in</strong>d an<br />

explanation for United States ‘occasional’ failures to honor a treaty which it<br />

had made accord<strong>in</strong>g to its own terms—or rather copied on other treaties<br />

<strong>with</strong>out tak<strong>in</strong>g <strong>in</strong>to consideration the orig<strong>in</strong>al treaty written <strong>in</strong> Turkish.<br />

In 1792, <strong>in</strong> his <strong>in</strong>structions to the commissioners Jefferson wrote: “we<br />

will not furnish them naval stores, because we th<strong>in</strong>k it not right to furnish them<br />

means which we know they will employ to do wrong.” 69 Later, he anticipated<br />

difficulties <strong>with</strong> Algiers and modified his <strong>in</strong>structions: “reserve the right to<br />

67 ASP/FA, 3:33, Report of the Secretary of State, April 12, 1808.<br />

68 SaL, 8:137, Treaty of Peace and Amity (1795).<br />

69 SPPD, 10:264, To Admiral John Paul Jones, June 1, 1792.<br />

354

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