Vicinity of 380N, 50 E, fourth week in September 1802
In his last visit to Toulon, Captain Abner Jeffords stopped by Capitaine Frossard’s office to ask if there were any updates on the frigates being sold to Halimi. He gave Jeffords the planned sailing date and said they were flying under the French flags with French crews. The two refitted frigates would be escorted by a 74-gun ship of the line, a new 44-gun frigate and accompanied by a transport to bring the French sailors home.
Halimi and his sons would be among the ten men from Béjaïa on Padua and ten more would be on Mantua. The word “guests” was the one Frossard used to describe Halimi’s and his associates’ status and he emphasized that they would have no role in how the ships were sailed. The formal handover would occur once they reached Béjaïa.
Armed with that information, the assumption Jaco and Darren made was that Halimi would be in a hurry to reach Béjaïa where he would take possession. The French he believed, wanted their money and the sooner the ships were delivered, the sooner Napoleon was paid.
The result was A and B squadron were patrolling along 400N in a line between 50 and 80 East longitude. They were not disappointed. The French ships were spotted following 50 E sailing west by so’.
As per the N.E.S. plan, A and B squadron joined up on their flagships and used their superior speed to run down the French ships which were sailing at five knots. Each of the American ships were flying large American flags as well as a French flag below it as a signal of friendship.
When Osprey was even with the large 74-gun, third rate ship-off-the-line Patriote, Jaco signaled his intention to slacken sails and once his command was acknowledged, ordered Osprey’s to be let out so the small frigate slowed to the speed of the three-decker. It was a snail’s pace compared to the 10 knots that Osprey, Kestrel and the corvettes used to sail when not escorting convoys.
Even with the quarterdeck, the flag with the letter K was raised on one of the halyards on Osprey’s quarterdeck. An officer on Patriote’s quarterdeck waved in a friendly manner and quickly the similar letter was raised.
“Helmsman, ease us so we are within one hundred feet of the three-decker. When in position, he yelled in French through the speaking trumpet, “Je suis le commodore Jacinto de la marine américaine et je souhaite parler au capitaine Halimi. Je crois qu’il est à bord du Padua.” I am Commodore Jacinto of the U.S. Navy and I wish to speak with Captain Halimi. I believe he is on Padua.
A man wearing the gold epaulets of a French Navy captain leaned over Patriote’s quarterdeck railing. The deck was 30 feet above Osprey’s. “Commodore, this is Capitaine Frossard. It is good to see you. I will order Halimi and his two sons to come to Patriote. Please come around to the lee side.”
As the longboat was being slung over the side, signal flags went up on Patriote’s halyards. The same happened on Osprey.
To avoid a collision, Osprey moved away from Patriote so when the longboat with Lieutenant Bellevedere and Jaco pushed away from Osprey, the ships were separated by 200 yards. The longboat from Kestrel with Darren and his first lieutenant, Elias Griffin, arrived minutes after Jaco’s.
On the gun deck, Noel Frossard greeted Jaco like a lost friend whom he’d not seen for years. After being introduced to Darren, and learning that Patriote was Frossard’s new command, the Frenchman asked, “What is your plan?”
“I want to talk to him. Do you think he will listen?”
“Listen, maybe. Believe or accept what you say? No.”
“I want to try to end the bloodshed. It is unnecessary.”
“D’accord. We will meet in the Admiral’s cabin. “
By the time Hamid Halimi and his two sons, Khalil who was 32 and Ali, age 30 were escorted in, Frossard’s cook had put a spread of cheeses, salami’s, crackers and wine on the table in the center of the room. Ever the host, Frossard introduced Jaco to Hamid Halimi and then each of his sons. He then introduced the other officers from N.E.S. who, given the company’s contract with the United States government, were part of the U.S. Navy.
The hostility emanating from Hamid and his two sons was palpable and tension filled the room. Jaco could feel it, but he felt he had to say what was on his mind. He spoke in English. “Admiral Halimi, do you prefer I speak in English or French. I do not speak Arabic, so please, which language do you prefer.”
“English.” The word was spat out as if it was diseased.
“Sir, thank you for agreeing to meet with me. I must inform you that my mission is to stop you and other pirates from seizing American ships and either imprisoning our sailors or selling them into slavery. As you know from my prior actions, I will do whatever is necessary to accomplish this task.”
Halimi stood glaring at Jaco with his hands held behind his back. He wasn’t sure if his words were bouncing off the Arab’s head or if they were they entering his brain, so he tried a different tack.
“Do you know Captain Baldawi?”
A nod. “I do.”
“Then you know that when his fleet met mine on two occasions, they were defeated and hundreds of his sailors died and many of his ships sunk. Those that survived were brought back to Tunis. I will not take that risk again.”
There was a flicker of understanding in Halimi’s eyes. “What do you mean by risk?”
“The law of the sea, practiced by the Royal and French Navy requires those who survive a battle, help those whose ships were damaged. Those who wound up in the sea, are to be picked up and if they are wounded, treated as their own. You, Admiral Halimi, are considered a pirate and were we to capture you, then what do we do? One choice is to do what I did. The other is to bring you to a port for trial where you and your men will be tried and if convicted, hung.”
“That is your Christian law.”
Jaco held up his hand. “I am not a Christian; I am a Jew. In the eyes of Admiralty Law, our religion does not matter, what matters is if I am a pirate or not.”
“Christian or Jew, you are an infidel. The Koran says we should not heed your laws. The Koran tells us to strike down the infidel.”
“I can see that you are a father, as I am and as is Captain Smythe. And like you, we have sons serving in our Navy. We want to make sure that they go home to their mothers as I am sure that you want Ali and Khalil to do.”
“Allah will protect us.”
“Admiral, Allah will not protect you from cannon which can fire a heavier ball than yours, that flies farther and is more accurate. Nor can Allah make your ships sail as fast as mine. History and experience in recent actions suggests that a battle with my ships will end badly for you whether we fight singly or in a fleet action.”
Hamid Halimi took two steps forward so he was less than a foot from Jaco. He was about the same height as the American and looked into Jaco’s eyes. “Are you trying to frighten me? Or are you afraid of dying?”
“No, Admiral, I am not trying to frighten you. I am trying to suggest there is a better way for you to live a long life and enjoy the fruits of your labor and enjoy watching your sons and grandsons grow old. You could make more money by trading with us than you can from piracy. If you spent the same amount of money on ships for trade as you did for Padua and Mantua, you could make a fortune.”
“Just like the infidel Jewish traders of Algiers and Tunis.”
“I know nothing of them, but I do know that my father’s company trades with men in Morocco and both make money. Most importantly, the United States and Morocco are at peace.”
Halimi smiled and turned to his sons. “He is afraid of me.”
“Think what you wish, Admiral, but mark my words, once the French turn Padua and Mantua over to you, they become my targets. I suggest you ask Captain Baldawi how well his French-built frigate fared against mine. Good day, sir.”
Jaco turned to Capitaine Frossard and held out his hand. “Thank you. Good luck with your new command.”
