Memoirs of Aaron Burr Part 99

We were all conducted, amid the shouts and acclamations of the rabble mult.i.tude, to the palace, and there ushered into the presence of the mighty bashaw, who, seated in state, with his council about him, and surrounded by guards, awaited our coming. He asked a variety of questions, princ.i.p.ally concerning our ship and our squadron; and, after having us all paraded before him, and taken a full survey of each of us, at which a gracious smile appeared upon his countenance, expressive of his inward satisfaction at so unexpected a piece of good fortune, we were carried by our guards to the house allotted for us during our imprisonment in this country. It was the American consular house formerly occupied by Mr. Catchcart.

Here we were left undisturbed to our own reflections till the fifteenth instant. A few days previous to this the prime minister had written to inform Captain Bainbridge that a letter had been received from the Tripolitan captain of the ship captured by the U. S. Frigate John Adams, in which he complained of being ill treated by Captain Rogers; that, in consequence of this, he should be under the necessity of retaliating such ill treatment upon us, unless Captain B. would immediately write to Commodore Preble, and _order_ him to deliver up all the prisoners he had, in which latter case we should continue to be treated as heretofore. No exchange was proposed, but we were to deliver up seventy-eight prisoners merely to ensure our not being cruelly treated. Captain B. told him that he would write to Commodore Preble, and acquaint him with their demands; but as to ordering or requesting him to deliver up the prisoners in question, he would not do it. We were, therefore, conducted to the castle, under the idea of being put to work. The change, indeed, was an unpleasant one, from a large, commodious house, to what they called a castle, which was, in fact, a most loathsome prison. We were crammed into the same room with all our ship's company--how well calculated to contain such a number, you may be enabled to judge, when I tell you that the place was about eighty feet by twenty-five. How comfortable, when I tell you that the only place to admit the air was through a small aperture in the top of the house, grated over, with no floor, nor a single article of furniture, so that, when we were tired standing up, we were obliged to lay down on the ground. While there, Lisle, the admiral, _accidentally_ pa.s.sed, and was very much _surprised_ at our removal.

He came to inquire the cause, observing that he had understood a letter was received, mentioning that the Tripolitan prisoners had been illy treated by Captain Rogers. Captain Bainbridge told him, that if such a letter had been written, the writer had a.s.serted a most malicious falsehood; that the laws of the United States absolutely forbid any prisoners being illy treated; and that he knew Captain Rogers had given no just cause of complaint; that, even supposing he had, that could not justify their retaliating upon us; it would not tend to produce a reconciliation, but would have a quite opposite effect; that, however, we were in their power, and they might sacrifice the whole of us; but the United States had men and ships enough to send in our places.

In the evening we were reconducted to our former house, probably in consequence of the interposition of the Danish and French consuls in our behalf. The reason of our removal to the castle, as given out to us, was in order to retaliate upon us ill treatment which they say their prisoners received from us. A more probable reason was this:--

When our ship was plundered, all our chests and trunks, with every article of clothing, was carried off. The prime minister, with the view of making money, bought in at reduced prices as many of our clothes as he could collect, and offered them to us for twelve hundred dollars. Captain Bainbridge would not purchase them. Disappointed in his expectations of pecuniary profit, and, instead of gain, sustaining loss, he probably sought consolation in his disappointment by increasing the weight of our misfortunes. The prime minister and admiral are both renegadoes, the former a Prussian, the latter a Frenchman.

How long we are to remain in this savage country G.o.d only knows. No doubt it must depend in a great measure upon the exertions that are made in our favour. We rely with implicit confidence that the government of our country will make the most speedy, as well as effectual measures for our release. While we are here, our lives must be in constant jeopardy and uncertainty. Adieu. Remember me affectionately to Mrs. Alston; and believe me,

With much esteem and respect,

Your most obedient servant,

JAMES BIDDLE.[3]

Footnotes:

1. Subsequently Mrs. Commodore Decatur.

2. The Philadelphia.

3. Now Commodore Biddle, and son of the late Charles Biddle.

CHAPTER XV.

An amendment to the Const.i.tution of the United States having been proposed by Congress, and doubts existing as to the manner in which it should be authenticated and transmitted to the several states, Mr.

Burr, as president of the Senate, addressed a note on the subject to the secretary of state, Mr. Madison, and to the secretary of the Senate, Mr. Otis, to which the following replies were made.

FROM MR. MADISON.

Department of State, December 11, 1803.

J. Madison presents his respects to the vice-president, who will find in the enclosed the information afforded by the office of state on the subject of former amendments to the Const.i.tution. Mr. Beckley recollects, that in one of the instances, copies equal to the number of the states were made out in the clerk's office of the House of Representatives. In the other, I understood from him that the copies were not furnished to the executive; but it does not appear, from any thing in the office of state, whether this was or was not the case.

J. WAGNER TO MR. MADISON.

Department of State, December 10, 1803.

DEAR SIR,

I find that all the amendments to the Const.i.tution, though none of them are signed by the president, have been enrolled in this office. I do not find that the first set was forwarded by this department to the states, though the president was requested to communicate them, as appears by the journals. The last amendment was forwarded by the secretary of state, by direction of the president, to the governors of the states.

The vice-president called this morning and stated two questions, which I was then unable to answer, _viz_., Whether the enrolment took place here, and whether the amendments were forwarded to the states from hence?

It is to enable you to give him satisfaction on these points that I have written this. With great respect, your obedient servant,

J. WAGNER.

FROM SAMUEL A. OTIS.

Senate Chamber, December 15, 1803.

SIR,

In answer to the note you did me the honour to send this morning, my first impression was that the amendments for each state should be enrolled in the office of the secretary of the Senate, as the resolution commenced in Senate. This impression arose from the proceeding in the _first_ instance, when the enrolments were made in the House of Representatives, where the amendments, commenced. This was at a time when the secretary of Senate and clerk of the House of Representatives were empowered to publish the laws. But, since the establishment Of the department of state, the amendments to the Const.i.tution have been enrolled in the office of that house where they originated. This enrolment, as a bill, hath been sent to the President of the United States, with a joint resolution that he would forward authenticated copies. This was the case in March, 1794, as you will see by the journals of Senate. To confirm this idea, a resolution is on the table of the House of Representatives for the above purpose. If precedent is of avail, it certainly devolves, in the distribution, on the office of state.

Hearing there was some uncertainty, I have, through a friend, transmitted my opinion to the secretary of state.

Very respectfully,

SAMUEL A. OTIS.

FROM GEORGE DAVIS. [1]

Leghorn, December 3, 1803.

A letter to my brother [1] of this date will give you a detail of my pursuits since leaving Malaga until my arrival in Leghorn. I have only to say of Tuscany that two months have pa.s.sed away in endeavouring to repair the ravages of Italian physicians. My pursuits, though not profitable, have still been flattering to myself. I am at the house of F. C. Degen, who married Miss Russell, of Boston. She is acquainted with you, and often retraces the hours you spent with Mrs. Russell. I may add, that I have been not only a welcome, but most happy guest of this worthy family for six weeks. My hours of relaxation have not been employed in playing the _cavallero cervante_, but in acquiring the Italian; and, with the a.s.sistance of a tolerable tutor, I am making great progress. Pisa and Lucca I have been at twice, and about the 20th of this month I shall visit Florence. From thence I proceed to Rome, Naples, Palermo, and Malta, where I am directed to join the commodore, he having given me furlough for the purposed route.

I refrain speaking of those places _all the world_ have seen. Should my expectations be realized when at Rome, I shall certainly offer you my first _essay_. Nothing has yet been done in the way of making me rich. The hospital establishment lays over till spring. Commodore Morris offers to leave me as charge des affaires for Tripoli in the event of peace. If nothing better can be done, I will remain. Eaton has resigned the consulship of Tunis. Who will be appointed? Rufus King is expected daily in Tuscany. He sails early in the spring for the United States.

I ought not to omit mentioning Mrs. Derby, who arrived here a few days since from Florence. I have spent some pleasant hours with her. She is unaffected and untinctured with the licentious manners of Paris and London. We shall meet at Rome. I yesterday dined with Mr. Pinckney, our minister for the court of Spain. He wants, I think, _ministerial dignity_, whatever may be his talents.

I have written you several times, and although this gives me no claim to expect a letter, yet, when you learn that I have not received a line from the United States since leaving it, you may judge how great is my desire, and what would be my gratification in hearing from you.

The beautiful Mrs. D. is in the parlour, and I have been sent for three times. With perfect respect,

GEORGE DAVIS.

FROM CHARLES BIDDLE.

Philadelphia, December 12, 1803.

If you can, without inconvenience, let me know how James stands as a midshipman, I wish you would do it. Having lost a brother, a son, and two nephews in the service, I have some right to expect James will not be neglected. I have not the honour of knowing the secretary of the navy, but I am told he is a very worthy and respectable gentleman.