Notwithstanding the Dey's promise to Mr. Shaler, that he would observe the treaty of 1815 with the United States, the Consul saw from various circumstances, that he had determined to break it on the first favorable opportunity; and as a large American force was expected in the Mediterranean in the course of the summer, he sent letters to Gibraltar requesting the officer who might command it, to visit Algiers as soon as convenient. The American squadron consisting of a ship of the line, three frigates and two sloops under Commodore Isaac Chauncey, entered the Mediterranean about the middle of August, and appeared before Algiers immediately after the departure of the combined fleets. On its arrival Omar saw that he had been deceived as to the power of the Americans, and he therefore at once requested, that things might remain as they were until the receipt of the President's letter. Algiers was then entirely defenceless, the fortifications were in ruins, the soldiers dispirited and the people rebellious; a few broadsides from the American force would have battered the town to pieces. But it was determined between the Consul and Commodore Chauncey, that no advantage should be taken of the condition of things, to exact a specific acceptance of the treaty, and the Dey's request was acceded to; Mr. Shaler however quitted Algiers with the squadron, which sailed for Gibraltar to await the arrival of orders from the United States.
The President's reply came in December; it is but justice to the eminent persons (Madison and Monroe) who signed it, to say that it is remarkable for the dignity and temperance which pervade it. A series of arguments based on abstract principles of International Law or Political Economy, would have been addressed in vain to a merely clever barbarian, while diplomatic finesse would have been equally ineffectual, with those who never sincere themselves always suspect knavery in others. The impropriety of the complaints respecting the delay in restoring the brig, is simply and dearly exposed; and the fixed determination of the American Government with regard to a return to the principles on which the treaty of 1798 had been based, is conveyed in the assurance that "the United States while they wish for war with no nation, will buy peace with none, it being a principle incorporated into the settled policy of America, that as peace is better than war, so war is better than tribute." In conclusion, Mr. Shaler and Commodore Chauncey were authorized to communicate with the Dey, "for the purpose of terminating the subsisting differences by a mutual recognition and execution of the treaty of 1815."
The Commodore and Mr. Shaler on receiving their commissions, instantly sailed for Algiers with two of the ships, and proposed that the negotiation should be immediately commenced. Omar had been actively engaged, since the departure of Mr. Shaler in repairing his fortifications; but not considering them yet able to withstand an attack, he endeavored to gain time by insisting that the statu quo should continue for eight months, on the plea that the President had taken that space to make a reply to his letter. The Commissioners refusing to admit of any delay the Dey yielded; accordingly, the conduct of the negotiation on the part of the United States having been committed entirely to Mr. Shaler, he landed and on the 17th of December presented a note containing the ultimatum of his Government. The Dey was required to admit as a preliminary, that the stipulations of the treaty with regard to the restoration of the vessels had been scrupulously fulfilled by the United States; this being admitted, the treaty was to be renewed exactly in its original form, except that the eighteenth article might be altered, so as to annul that portion of it, which gave to the United States advantages in the ports of Algiers over the most favored nations; finally, as it was ascertained that a clause had been introduced into the Arabic translation of the said treaty, contrary to the understanding between the Dey and the American Commissioners who signed it, by which the United States were made to engage to pay a certain sum to Algiers, on the presentation of each of their Consuls, it was distinctly declared, "that no obligation binding the United States to pay any thing to the Regency or to its officers on any occasion whatever, will be agreed to."
The Dey struggled to avoid this additional humiliation, which he had brought upon himself by his ill-timed breach of faith; for he saw clearly that by submitting to it he was hastening the downfall of Algiers and his own destruction. But Shaler possessed in an eminent degree, these two essential qualities of a negotiator, courage and knowledge of the human heart; his contempt of danger had been manifested during the bombardment of the 27th of August; he had never deceived Omar, nor ever suffered him for a moment to suppose that he had been deceived by him, and by thus acting always, fairly and honestly towards him, he had acquired his respect and confidence. After a few days of discussion, the Dey in despair declared, that as misfortune had deprived him of the means of resistance, he would agree to the terms proposed or to any others which might be demanded, provided the Consul would give him a certificate under his hand and seal, that he had compelled him to do so. This was a strange request from an absolute sovereign; however Shaler saw that the unfortunate Omar was no longer at liberty to act as he pleased, but was the mere agent of his Divan; he therefore gave him the required acknowledgment, and the treaty was signed as dictated by the American Commissioners on the 23d of December, 1816.
From that period to the overthrow of the Algerine Government, the intercourse between the United States and this Regency was strictly peaceful. The treaty was rigidly observed by both parties, and a few trifling differences of a personal nature which occurred between the officers of the Government and those attached to the Consulate, were speedily and satisfactorily arranged. This continuation of pacific intercourse, is to be attributed in a great measure to the personal character of the American Consuls, to the respect which they acquired, nay, we are even warranted in saying, to the influence which they maintained over the members of the Algerine Government.
Omar continued his exertions to repair the losses occasioned by the bombardment, and he soon placed the city in a defensible condition; the Sultan presented him with a frigate and two corvettes, and he caused other ships of war to be built at Leghorn. But his popularity had been destroyed by the many adverse circumstances which had marked his reign; he was stigmatized as the unlucky, and a plague which ravaged Algiers in 1817 was attributed by the ignorant populace and soldiery to the influence of their ruler's evil star. Several conspiracies were formed against him, which he eluded by his vigilance, but he saw that his end was near, and with honorable forethought, he placed his mother and relations out of danger, by sending them back to his native isle of Mytelene. A plot was at length arranged, which was successful; the principal contrivers were Ali, a violent and fanatical Turk, who had assumed the title of Khogia or the scribe, a high literary and theological distinction, and Hussein an officer of repute for his talents, bravery and military skill. The soldiery and Divan entered into the conspiracy, and Omar was strangled on the 8th of September, 1817, without a hand or a voice having been raised in his defence.
Ali Khogia was immediately proclaimed Pasha, and he showed his gratitude to his coadjutor Hussein by making him his Prime Minister. The new Sovereign soon proved himself to be a monster of vice and cruelty, which were rendered still more shocking by his affectation of superior learning and sanctity. "When on public occasions, he was visited by the foreign Consuls," says Shaler, "they, after stumbling over scores of murdered carcases on their way to the hall of audience, always found the Pasha superbly dressed, surrounded by his guards, with a book in his hands, in the contemplation of which he would affect to be interrupted and precipitately lay it aside on their entrance." He set at naught the treaties with foreign nations, acting with violence towards persons living under the protection of their flags, and sending his cruisers to sea with orders to search their vessels, while the plague was raging in Algiers. By the active interposition of Mr. Shaler, the commerce and flag of the United States were respected, but several French and Sardinian vessels were taken under various pretences and brought into the ports of the Regency.
Ali Khogia was one of the many Deys, who endeavored to get rid of the foreign soldiery, and to render the crown hereditary in his own family. With this view he transferred his residence and the immense treasures of the State, from the old palace in the city, to the more secure residence of the Casauba, where he surrounded himself by a guard formed of natives; he then commenced his attacks on the Turks, of whom he is said to have despatched fifteen hundred during his short reign of four months. His course was suddenly arrested by the plague, of which he died in January, 1818.
On the death of Ali Khogia, Hussein his Prime Minister assumed the crown, without election and without opposition. He was a native of Salonica, and then about fifty-four years old, a man of bold and unscrupulous character, possessing much sagacity, and even some ideas of true policy; but his irascibility often led him into difficulties, from which his haughtiness and obstinacy prevented his retreating. He was supposed to have councilled the persecution commenced against the Turks by his predecessor; but if so, he must have despaired of its success, for he instantly put an end to it, and invited other soldiers from the East to supply the place of those who had fallen. He however retained the Moorish guards, and continued to reside at the Casauba.
In November, 1818, a Congress composed of Representatives of the Sovereign Powers of Europe, was convened at Aix la Chapelle; where among other things, a resolution was taken, to oblige the Barbary States to conform with the usages of Christian nations, in their intercourse or wars with them; that is to say, to abstain from piracy, not to require tribute as the price of peace, and not to enslave their prisoners taken in war, but to treat them with humanity until they were exchanged. The Kings of Great Britain and France were charged by the other Powers with carrying this resolution into effect; and in consequence a combined English and French squadron under Admirals Freemantle and Jurien de la Graviere appeared at Algiers on the 1st of September, to make known to the Dey the will of their Sovereigns, and to require his compliance. Hussein after deliberating some days, formally refused "to surrender rights, which had been recognized by solemn treaties, and respected by all the world during a succession of ages;" and declared that he would "maintain his privilege to enslave the subjects of those nations with which he had no treaties, or which paid him no tribute." This reply was certainly at variance with the engagements to Lord Exmouth in 1816, but the Admirals could get no other by negotiation, and their force was not sufficient to authorize an attack on the place; perhaps also, they conceived that the appeal made by the Dey to the past, might find a responsive echo in the bosoms of those by whom they were commissioned, and who were so careful in resisting innovations in their own States. The squadrons therefore sailed for Tunis where the answer obtained from Mahmoud was even less satisfactory. In Tripoli, the Pasha met them by expressing his surprise that such a demand should be made of him, when it must have been well known, that he had long reprobated the practice, and shewn every disposition to live in harmony with Christian nations. This latter reply was trumpeted throughout Europe, as a signal advantage secured for the interests of humanity, through the exertions of France and England, while those given by the rulers of Algiers and Tunis were studiously concealed.