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. \i _ V J .SATURDAY, oHotter 15, 1805. AUGUSTA CHRONICLE, GAZETTE. OF T °HE STATE. ~ ‘ * -■ >■ - ■»- ■- - . ■ FREEDOM o» th* PRESS and TRIAL bt JURY small akmain ikvSol&tj. Cwjiitxtiox of Georgia, _ ; •- . " • w . ■ '■ AUGUSTA: Printed by D. DRISCOL, near the market. £3 Dolls, per Annum.] II TWf • r 11l —II Prom the National Intelligencer . IT can scarcely have escaped the notice of our readers, that, notwithstanding the loud and jnceffmt denounciations of the ad ministration for not adequately proteXing the commerce of the country, mcafures have no (boner been taken with this view, than they have met with the ridicule and condemnation of those who previously were the moil ilamorous for them. Some time since, it was determined by the administration to make an experiment of the efficacy of Gun Boats. The experience of I older nations had (hewn them to be of much cfe } and circumftancca peculiarly applicable to the United States seemed to recommend them to us. A fnall appropriation was ac cordingly mad; for this purpose, and a num ber of gan boats built on approved models. The profefTed friends of commerce and a rowed enemies of the administration, denoun ced the measure as weak and ridiculous. They denied tie efficacy of gun boats, and ridiculed the plan on which they were built. The administration, on their part, made bo boats. They acknowledged that they were making an experiment, which might disap point their hopes. This, it might have been felt by their opponents was a generous appeal to their candor. It might have been prefu mei that before the experiment was nflfdc, they would not have impeached the motives in which it originated. It might have been presumed that they would have suspended their decifisn, or at least have withheld their clamours, for a few months, that a fair op portunity might be afforded to the friends of the measure to disclose their plan. No such forbearance was, however, manifeftei. Uiqrilitbd condemnation, sarcasm over whelmed the measure Sc its projectors. The txclufive friends of commerce, jealous, as it were, of receiving any effcXual protection from thole whom their prejudice had con verted into enemies, could fee in the measure nothing but a fettled hostility to commerce, a deliberate purpose, under the pretext of aiding, to cramp commercial enterprise, and to prevent any effectual protection being gi ven to it, it f« happened, that the Chief Magiftratc was a man of philofphic refearcb, and ofcourfc Ids habituated to fervilc imitation, than to the adoption of whatever appeared on reflec tion raoft advisable, the models on which the b»ats were conftmXed were represented by those who were supremely ignorant of the common principles of mcchanifm, as totally inadequate and impracticable. The lowed species of art, charaXcrifed by mean, and indecent allafion, was rtforted to. Why? Becsufe the approved model did notprecifely correspond with that of Englilh gun boats. For it must have been remarked that on mod occasions, the profeffed friends of com merce have allowed all the credit to Great Britain, which they have denied to their own country. Well, the administration, amidst the in eeffimt fire of the enemy, advanced to their object without returning the charge. They thought that the measure would fpcak for itfclf; or, if it did not, nothing which they could prematurely fay would juftify it. The gun boats were built, and the experi ment tried. A number of them have croff cd the ocean, and although they have en countered tempestuous weather, they have arrived at.their destined stations. In con nexion with rbe larger vessels, they have struck terror into the breads of the enemy, have commanded peace, and have cffeXcd liberation of our citizens. And, what is still marc wonderful, fuchis the conftruXlon that even Englishmen arc the firft to approve and acknowledge them to be models of imi tation, as well as greatly superior to their own gun boats. Biufli, Americans, at be ing surpassed in candor to your own govern ment, by a nation, once your enemy and till your rival, by a nation whose arrogance rarely edndefeends to acknowledge equality, much left fuperioity in any ore. Here then is the just revenge of our ad- Bilniftration, a revenge the more honorable hecaufe unsullied by the indulgence of angry or vindiXive feelings. As far as time and occasion have allowed, the triumph is com plete. Os the untoward (pint of the enemies of the administration, ws have another not left conspicuous proof. In confcqucnce of the depredations committed on. our trade, and the infuits and outrages offered, in or rear Wihatbor*, and of the loud complaints of 4 " _ . a- _ i—■ißfm i— >—a»a——fa—’i-ww—iu 1 „ 'bhii.. | our merchants, several armed veflels have been stationed on the coast. But no sooner has this meaforc been taken, than they, who most ftrcnuoully urged it, are the firft to demand its use. What, it is enquired, can this force effeft ? It is acknowledged that it may prevent th« veflels of belliger ent powers from aCfually entering our har bors, and their committing outrage and depredation j but what security does it af ford, against the capture of our merchant men a marine league beyond the fliorc and within light of our ports ? Do cither the laws of nations, or our treaty stipulations authorife our oppofiug, under these circum stances, refinance, to the right of search, or to the fending our veflels into the ports of the billigerent nations for adjudication. Must not this indignity and injustice be sub mitted to even in the face of a force equal to its prevention ? If so, where is the mighty utility of the measure ? Such is the langungc of our cameleon, casuists, who, in the ex tenlive wardrobe of party prejudice, can find a covering fit for any purpofe } who can wdth perfect nonchalance condemn in one character wha t they approve in another, and be the firft to reprobate what they wex» the firft to recommend. Because this measure wa» not at once un dertaken, the adtniniftration was denoun ced, and now it is adopted, its futility is attempted to be exposed. Will these gen tlemen have the goodness to recolleft that it was not, perhaps, at firft adopted for the very obvious rcafons they themfalves now urge. Will they recoiled that until lately, the administration were in good faith bound toobferve the provisions of a treaty made by their political appointments with Great- Britain, from whole (hips of war we have fullered the most exteafive fpolitadon ; and that this treaty provides. ** That in all cases where veflels lhall be captured or detained on jult suspicion of ha ving on board enemy’s property, or of car rying to the enemy any of the articles which are contraband of war, the said vcfi’el lhall be brought to theneareftor most convenient port ; and if any property of an enemy (ball be found on board such veflcl, that part only which belongs to the enemy lhall bt made prize, and the vc.Tel lhall be at liber ty to proceed with the remainder without impediment. And it is agreed, that all proper measures (hall be taken to prevent' delay,' in deciding the cases of (hips or car goes so brought in for adjudication; in damnification, adjudged or agreed to be paid to the raafters or owners of such (hips.” Art. 17. The 18th article, after enumerating such contraband articles as are declared to be just objeds of confiscation, proceeds as fol lows, <( And whereas the difficulty of agreeing on the precise cases in which alone provisions and other articles not generally contraband any be regarded as such, renders it expedient to provide against the inconveniences and misunderstandings which might thence arise. It is farther agreed,, that whenever any such article so becoming contraband, according to the cxifting laws of nations, (kail for that reason be seized, the fame fnall not be confifcated, but the owners thereof lhall be speedily and completely indemnified; and the captors, or in their default, the government under whose authority they acf, lhall pay to the makers or owners of such veflels, the full value of all such articles, with a rcafonable mercantile profit thereon, together with the freight, and also the demurrage incident to such detention.” By the 22« d article, “ It is exprelTly Hipulated that neither of the said contracting parties will order or authorife any aCxs of reprisal against the other, on complaint of injuries or damages, until the laid party lhall firft have presented to the other a ftaternent thereof, verified by competent proof and evidence, and demanded juitice and fatisfadion, and the fame lhall cither have been refufedcr unreasonably 'delayed.” Tha 17th article of oar treaty with < Spain, ratified in the year 17951 dedates that, “ To the end that all manner of diflen fions and quarrels may be avoided and pre vented- on one fide and tha other, it is agreed, that in case either of the parties hereto should be engaged in a war, the Hups and veflels belonging to the fabjeds or people of the other party must be lurnilhed with sea-letters or passports, expressing the name,, property and balk of the ihip* as GEORGIA. ■* , , , • , —.—F——■ . —- nmmmL-iyxiv riiliw -/rwwwi i m mu i i m ummrm ■ i jtm umm» aUb the name and place of habitation of the master br commander of the said ill ip, that itraay appear thereby, that the ship really and truly belongs to the fubjcfi of one of the parties, which paflport (hall be made out and granted according to the form annexed to this treaty. They (kail like i wife be recalled every year, that is, if the (hip happens to return home within the space of a year. It is lijcewife agreed, that such fliips being laden,.are to be provided not only with passports as above mentioned, but alfa with' certificates, containing the several particulars of the cargo, the place whence the (hip failed, that s o it may be known whether any forbade* or contraband goods be on board the fame; which certifi cates (hall he made out by the officers of the place whence the fbip failed in. the ac customed form : And if one (hall think it (it or advisable toexprefs in the fald cemfioates, the person to whom »h<» on Uwaia (JMong, be ra a y fretfty do f*; Without which requifues they may be font to one of the ports of the other contracting party, and adjudged by the competent tribunal, according ro what is above set forth, that all thecircumftances of this omission having been well examined, they (ball be adjudged to be legal prizes, unlcfs they (hail give legal fitisfaftion of their property by tcili mony entirely equivalent." We have not the French treaty at present before us; but its provisions, on the point under confidcration, are not materially variant from those already recited. Here then are three treaties, by two of which the government are still bound, and by one of which they were bound until lately ; all of which were negociatcd by a . federal adminillration, and ratified by a ; federal Senate. If the proviiions are injurious or unjufl, who are to blame but federalifts ? However improper, it is the clear duty of the present admiftration to observe them. That there is great injoffice pra&ifcd in carrying them into effed cannot admit of a doubt. That it is the duty of the government to re monstrate against it is equally clear. That they have remonllrated is extremely proba. ble. Whether their remonstrances will put an end to the evil is uncertain. Should they fail in doing this, it reds with the legiilature to apply the remedy. The demand of justice and its refufal, neceflarily, according to the theory of our government, transfers ali ulterior powers to the Icgifia ture. With them are deposited the revenue and the armed force of the nation, as well as the regulation of trade, and with them it mud red to decide whether the case is of such a latue as to demand an .appeal to arms, or a restrained or interdicted intcrcourfe. And fiiould such a case occur, can it be doubted that those, who alfume to them felvs all the patriotifoi of the country, should the friends of the administration be remiss in their duty, will fail to bring forward such mcafurcs as an injured insulted nation are called upon to purfuc. Then the nation will be able to determine whether the present administration are really averse to the protection of commerce or to the vigorous redaefs of violated rights. Should they refufe to take the necdTary measures, then, and then only will there be reason to complain. There are two important considerations which on this as other topics, arc not duly attended to. The firft arises from the aban donmenc by the federalifts of the principles that free (hips make free goods, which had been previoudy adopted in several treaties. While this principle was uniformly averted by us to bo just, and while we refufed in any (olemn ftipulatioa to surrender it, we flood upon high ground. We were under no obligation to allow our vcfhls to be fearchcd, or font to adjudication, under the pretext of hiving enemy’s goo Is on boad. We remained free, in case the hostile principle were after ted, to oppose force to force without violating any moral obligation. The other consideration arises from con founding the powers and duries es diflukt department* of our government. Because the Prefidem has high andextenftve powers, it is often either ignorantly or preverfelv inferred that he !us it 11 power. But so difierent is the theory of the government, that the very reason why he is denied fame great powers is his being poffcfied of others. Thus, though it is made his duty to e.w cute all, he is prohibited from making aa y ■ VGH? e 'T'V fVoL. XX. No. co 4 laws; and though it is his duty to ttfgoe’ate with foreign nati»ns, he is prohibited from uling the national force agaiuft them without the express pcrmifGon of Congress. It is great, the pre-eminently diilinftive feature of «ur fyttem, that the nation, which is to experience the complicated evils es war, h likewif’e the foie judge of its propriety. Snppofe then tlic Executive, by overlap ping his eonftitutional powers, by consulting liis own indignant fc*licgs at wrongs com mitted againlt the American nation, Ihould, by. halt;/ mea fares, snatch from Congress their great prerogative of declaring war, would not those, who are now most clamo rous for energetic measures, be the firit to inititata an impeachment f Would not the cry of ufurpaiion lufoani through the land. k A-m tbs nrfi.w/ixrgtjrrrt WILLIAM EATON. THE FOURTH OR MODERN AFRICANUS. f , * This American general, who lately ltd the army from Egypt through the detects of Africa, againfl Tripoli, is about 44 years of age, of middle ftaturc, and dark com plexion, He is by nature and by educa tion. a soldier : lies a countenance bold and undaunted ; a constitution robust and con firmed by cxcrcifoe and fatigues, and cou rage of chat determined and invincible kind, which, even amanglt Americans, or repub licans of any age or clime, would be eftccm ed extraordinary. He was born at Afhford, in Connecticut— -in 1776, at the age of 15, he enrolled his name among the soldiers of freedom, and ftrved during the revolution under the famous captain Dana, (now a brigadier-general in the county of Scbflha rie, in the date of Near-York) aruT tkn W*v’*snttiL ftupwriaurfd vgtftran. general Eaton learned the use of valor and the art of war. At the dawn of peace, lie applied him felfto study, to purfuc and explore thoie grand objetts which the force of his untutored genius prefentad impttffe&ly to his eager view, and which he knew could be com prehended, attained or enjoyed, but with the aid of education. The lucubrations of (even years, accquired Mr. Eaton the dip loma of Bachelor of Aits, at Dartmouth College in New-Hampshire, in 1799* Our scholar now put off the gown and returned to the camp with a cornnifUon of captain. He fought under St. Ciair, at the battle es Miami, and proved his accomplithmenta and courage worthy of difiin&ion. Capt. Ea ton was sent by President Washington, as consul to Tonis, on the coast of Barbary, in Africa, where, during their menacing at titudes and insolent pretentions in iBot, the consul fuppbrtcd the dignity and interest of the American nation, and held, amidff a despotic court, a language not heard on those degenerate (hates tince the fall of Cato and the Roman republic.* When a rupture with Tripoli was inevitable, the consul sug gested a co-operation with Sadi Hamit Cn* rantvdi , the late bafnaw »f Tripoli, who had been dethroned and expelled by his bro ther, the present balhaw : He negociatcd to this effeft with the ex-bafhaw, and re turned to the United States, where, after having matured his plan and efFifted his ar rangements whh the fanftion of governrncnc and the benedictions ot his country, he de parted in July, 1804, from Washington, in the American fpuadron deflined to humble Tripoli and liberate our fellow-citizeus Hol den therein 11a very, or to enforce the anci ent Roman throcr, u DJinda et Carthago.” He landed at Alexandria in Egypt, in De cember lafi, and cohering a frnall army with the assistance of the cx-bafhaw then there, accompanied by a few volunteer A mcrican officers, led h;s little band along the coast of the Mediterranean sea, through the defect of Barca—-and astonished Africa, after a repose of 12 centuries, from the time of Belifarius, again beheld a conqueror come to reap her laurels znd her pow er upon thafe fields where the Scipios and Roman legions, against Hannibal and the Carthagenian bands contended for the em pire of the world--. Let Africa beware jA rrcrica hn. her Irgvms and her Scipios.—but fr.c, noHnnnib.ll, no band;. There arc some anecdote# related of the General, whicheifeovered the lofiinefs ot his mind under various circumllanccs. Soon after bis appointment to a captain cy in the United Stares army, he paid .l.is 1