SKETCHES OF THE HISTORY
AND PRESENT CONDITION OF TRIPOLI, WITH SOME ACCOUNTS OF THE OTHER BARBARY STATES.
NO. IX.—(Continued.)
About this period commenced those differences between France and the Algerine Government, which led to the overthrow of the latter, and the establishment of the French in Northern Africa; the circumstances which occasioned the dispute were however of much older date.
Between 1793 and 1798 the French Government on several occasions obtained from the Dey and merchants of Algiers, large quantities of grain on credit, for the subsistence of its armies in Italy, and the supply of the Southern Department where a great scarcity then prevailed. The creditors endeavored to have their claims on this account satisfied by the Directory, but that incapable and rapacious Government had neither the principle to admit, nor the ability to discharge such demands; every species of chicanery was in consequence employed by it in evading them, until the rupture with Turkey produced by the expedition to Egypt placing the Barbary States either really or apparently at war with the French Republic, a pretext was thus afforded for deferring their settlement indefinitely. Under the Consular regime however, a treaty of peace was concluded with Algiers on the 17th of December 1801, by the thirteenth article of which, the Government of each State engaged to cause payment to be made of all debts due by itself or its subjects to the Government or subjects of the other; the former political and commercial relations between the two countries were re-established, and the Dey restored to France the territories and privileges called the African Concessions, which had been seized by him on the breaking out of the war. This treaty was ratified by the Dey on the 5th of April 1802, and after examination of the claims on both sides, the French Government acknowledged itself debtor for a large amount to the Jewish mercantile house of Bacri and Busnach of Algiers, as representing the African creditors. Of the sum thus acknowledged to be due, only a very small portion was paid, and the Dey Hadji Ali seeing no other means of obtaining the remainder, in 1809 seized upon the Concessions; they were however of little value to France at that time, when her flag was never seen in the Mediterranean, and their confiscation merely served as a pretext for withholding farther payment. In 1813, when the star of Napoleon began to wane, and he found it necessary to assume at least the appearance of honesty, he declared that measures would be taken for the adjustment of the Algerine claims; but he fell without redeeming his promise, and on the distribution of his spoils, the Jewish merchants had not interest enough to obtain their rightful portion, which amounted to fourteen millions of francs.
Upon the return of the Bourbons to the throne of France, the government of that country became desirous to renew its former intercourse with the Barbary States, and to regain its ancient establishments and privileges in their territories, which were considered important from political as well as commercial motives. For this purpose, M. Deval a person who was educated in the East and had been long attached to the French Embassy at Constantinople, was appointed Consul General of France in Barbary, and sent to Algiers with powers to negotiate. The first result of this mission, was a convention which has never been officially published; however in consequence of it the African Concessions were restored to France, together with the exclusive right of fishing for coral on the coasts in their vicinity and various commercial privileges; in return for which the French were to pay annually to Algiers, the sum of sixty thousand francs. It appears also to have been understood between the parties, that no fortifications were to be erected within the ceded territories in addition to those already standing, and that arrangements should be speedily made for the examination and settlement of all their claims on both sides, not only of those for which provision was made in the treaty of 1801, but also of such as were founded on subsequent occurrences; after this mutual adjustment the treaty of 1801 confirming all former treaties was to be in force.
The annual sum required by Omar for the Concessions, was much greater than any which had been previously paid for them by France; Hussein however immediately on his elevation to the throne, raised it to two hundred thousand francs, and he moreover declared, that the debt acknowledged to be due to his subjects must be paid, before any notice were taken of claims which were still liable to be contested. In opposition to these demands, the French endeavored to prove their right to the territories of Calle and Bastion de France by reference to ancient treaties both with Algiers and the Porte, in which no mention is made of payment for them; with regard to the claims, they insisted that the only just mode of settlement, was by admitting into one statement all the demands which could be established on either side, and then balancing the account. The Dey however remained firm in his resolution, and exhibited signs of preparation to expel the French from the Concessions, when their government yielded the point concerning the amount to be annually paid.
A compromise was made respecting the claims between the French Government and the Agents of the Algerines, on the 28th of October, 1819; as the articles of this agreement have never been published, its terms are only to be gathered from the declarations of the French Ministers in the Legislative Chambers, and the semi-official communications in the Moniteur the organ of the Government. From these it appears that the French Government acknowledged itself indebted for the sum of seven millions of francs, to Messrs. Bacri and Busnach, which was to be received by them in full discharge of claims on the part of Algiers, under the thirteenth article of the treaty of 1801; from this sum however was to be retained a sufficiency to cover the demands of French subjects against Algiers under the same article, which demands were to be substantiated by the Courts of Law of France; finally, each party was to settle the claims of its own subjects against the other, founded on occurrences subsequent to the conclusion of the said treaty. The French historical writers affect to consider this arrangement entirely as a private affair between their Government and the Jewish merchants, and indeed the Ministry endeavored at first to represent it in that light to the Legislature; but they were forced to abandon this ground when they communicated its stipulations, and the Minister of Foreign Affairs declared in the Chamber of Deputies, that the Dey had formally accepted it on the 12th of April 1820, and had admitted that the treaty of 1801 was thereby fully executed.