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mm—i m* tmmblAz i i m a—ahMß% COXA 1l I YVj TIU.V AIAftT. PRINTED AND PUBLISHED BY WILLIAM J. MINCE. Conditions, ire. Uf* For th« (’ITY PAPER, twice a week, Five Dollars per Aituum, pnyable io advance. COUNTRY PAPER, onca a week, Three DolUri pei annum, in advance. |QrNo paper discontinued till directions to that effect are given and all arrearages PAID. *r TERMS. . . . Five Dollars per annum payable in advance. I fry ADVERTISEMENTS .... Will be inserted at the rateof Siily*two and a half cents, per square, lor the first insertion and Forty-three and three quarter cents, for each continuance fry COMMUNICATIONS by Mail, mutt he Ron j,a,d. Sales of land and negroes, by Administrators, Executors I or Guardians, arc required, hy law, to be held on Ihe first Tues dsy in the montli, between the hours of ten in the forenoon and three in the afternoon, at the Court-House of the entity in which (he properly is situate. Notice of these sales must be given in a public gazette SIXTY days previous to the day of •ale. Notice of the sale of personal property must be given in like man ner, FORTY days previous to the day of sale. Ntier to the debtors and creditors of an estate must be published , for FORTY days. From the National Advocate. MASONIC COMMUNICATION. At a regular convention of Jerusalem , Chapter No. 8, of (loyal Arch Masons, held , at St. John’s Hall, in the city of New-York , on the morning of Wednesday, the 13th inst. ( the Chapter being duly organized, was visit- \ ed bv its worthy and distinguished compan- ions’ Gen. La Fayette, and his son, George < Washington La Fayette, accompanied byi t Oen. Morton, Past grand Master of the I, Grand Lodge of the state of New-Yoik.j, »y p revions arrangement, these illustrious!, visit n s wme introduced by a committee, t consisting v»f he most excellent King, and ( Scribe, companions Belden anil Dunltam, , and received with appropriate masonic lion- , ors. Whereupon, the most excellent High , Priest, Joseph lloxie, arose and delivered the following ADDRESS: “ M. E. C. La F,write, , Permit mein behalf of Jerusalem Chap ter No. 8, which I have the honor to repre sent, to hid you an affectionate welcome, and to assure you that we are truly sensible of the h mor conferred upon us, in being able to enroll among our numbers a na ne so dis tinguished as that of LA FAYE I I E.—lt would not become me tin the presentoccasion, to enter into detail of the many sacrifices you have made, or the many important ser vices vnuhave rendered our beloved country! they arc engraved on tiie heart ol every American citizen ; and will be held in lively remembrance, till those hearts shall cease to beat. Permit us only to add our ardent hopes, and fervent prayers, that the remain der of your life may be as happy, as it has thus far been brilliant and useful, and that when yon shall have ended a life that has been devoted to the service of your fellow creatures, you may find an abundant entrance into the celestial lodge on high, where the Supreme Architect of heaven and earth pre sides.” To which (he Gen. made the following REPLY: “ Most excellent Digit Priest and worth}) companions, It was in this city, where I first met with that kind reception and those cordial wel comes, which 1 have so repeatedly experi enced in the progress of my late journey thro’ the twenty-four states of the union. It was here, also, within these walls, that I first re ceived admission to the higner orders of ma sonry, and I may therefore justly regrad this Chapter, as the Cradle of my masonic life ; having been, by your kindness, enabled to visit Hie various masonic institutions through out the United States. —Indeed, I may just ly be regarded, as one of Hie greatest mason ic travellers, in this country ; having in my late tour, with my sou, George Washington La Favette, and my worthy companion, M ons. La Vasseur, visited all the Grand! Lodges, and higher masonic bodies of the United Slates, with great pleasure and satis faction. lam also happy In stale that I have found in my travels, the masonic fra ternity, flourishing and harmonious, and held in high public respect and honor. Even in some of the more recently settled portions of the country, in Cincinnati, and particular ly in Nashville, it was with no less surprise than pleasure, that I observed the masonic societies had made improvements so credita ble to themselves and honorable to the order. The harmony and respectability of Ma sonary throughout this extensive country, may well be regarded as affording an impor tant pillar of support ami union to its free institutions and hapjjy form of government. Accept therefore, in return for vour kind ness, my sincere thanks, for having aft’irded me the facilities of being so honorably re ceived, and accepted by all the higher ma sonic institutions in the twenty-four states of this Republic.” The officers and members of the Chapter together with the visiting companions, were then severally introduced to tlnj General, and were received vviih all the courtesy and cordiality of brotherly attachment. Having taken a lively interest in the la bors of the evening, and expressed Ins b st wishes for the success of Jerusalem Chap ter, and the prosperity of Masonry general ly, he took an affectionate leave of Ids com panions observing in a tone which bespoke the language of Ids heart, as he received the honors of Hit* craft, that “ lie was retiring from the midst of many good friends witn whom, in all probability he should never more unite on this side of the grave.” FROM THE NATIONAL INTELLIGENCER. ,1 Y»vieY IVfcyWw • Os the trial of Commodore David Porter, j The (rial of Commodore Porter has closed. 1 The Court has found him guilty j the Presi- 1 dent has approved the sentence ; and that ' brave officer has been suspended from the public service for the space of six months. ! The Commodore resigns himself to this de- * cision with the dignity which becomes his * character, without an expression of com plaint, or murmur of dissatisfaction. In this state of things, a citizen of the United States, who entertains no animosity against the Administration, and who has no personal passions to gratify, ventures to ex ercise the right of an independent freeman, through the medium of a free press, by pass ing in review the principal incidents of the 1 transaction ; conceiving, as he does, that it * presents for consideration several singular 1 circumstances. j On (he 28di of December, 1814, President Monroe wrote a message to the House of ! Representatives, which was delivered on the :29th, wherein he represented to that body that a letter had been received from Comma- £ (lore Porter respecting the visit of that offi cer to the town of Foxardo, and that," deem i ing Ihe transactions adverted to of high im f parlance ,” an order had been sent to the It Commodore to repair to Washington out delay,” that the affair might be fully in-ji vestigated. Here, then, was a business of l “ high importance,” an examination of, I which would not admit of delay. Was tins I the spontaneous sentiment of the Executive,. | or was it excited in Dim from another source, 1 which, strickly speaking, had no consiitu- t tionul cognizance of the occurrence ? Facts i will best demonstrate the truth. t It was on (he 23d of December, 1824, that 1 Mr. Archer, of Virginia, laid a resolution on die table >d the Hou-e of re- I guesting the President to communicate to the I House any information in his possession, not 1 improper to be communicated, explaining the character and objects of the visit of the j naval officer of the United States command ing in the West Indies, to the town of Fox ardo, in tin Island of Porto Rico, iiiNovem- , ber preceding. It was in compliance with! this resolution that the President sent his! message of the 28th of December. '1 he re solution, although laid on tiie table on the 23d, did not pass the House until the27th of that month; and it was not until the 27th of December, that the letter, containing the order for the Commodore’s return to the United States, was written bv the Secretary of the Navy. The reviewer has no wish to condemn President Monroe : but it is manifest, from the facts stated, that, notwithstanding the Executive deemed the transactions at Fox ardo of “ high importance ,” requiring inves tigation •• without delay,” and notwithstand ing it was within Ins knowledge, from the official report of Commodore Porter to the Navy Department, that such transactions had taken place, President Monroe did not I recall the Commodore until the identical day on which the resolution, asking him for i information, passed the House of Represen ■ tatives. Even the hint given by laying * • motion on the table in the House, did not i.. , ’ fltience the Chad Magistrate to order t mod ore Porter home : Nothing less thu. ■ adoption was effective. I lie unavoidable conclusion from this • course of procedure is, that President Mon ! roe, who, as he had dictated the Commo • (lore’s instructions, was, without the inter position of a Court Martial, the proper judge ■ to determine whether he had violated them, did nut, himself, in the first instance, per ceive that any violation of instructions had 1 occurred ; or, if he did perceive it, that he neglected bis own executive duty, until an intimation was given to him by the House of ! Representatives. In either case there was an irregularity : for, if (he President did not see any deviation from orders, he ought not to have yielded to the impulse of the House of Representatives ; anil if he did, he ought to have acted upon his own conviction, vvilh -1 out waiting for the admonition of the House. Ihe common sense of mankind will say that the proceeding was at least extraordinary, i Bui did Commodore Porter disobey hisin-j structions? It is apparent to the reviewer,! ! that the act which is adduced in support of the charge of disobedience of orders, had no reference whatever to his instructions. Ills , orders related entirely to the suppression of . piracy. He went to Foxardo to obtain safis > faction for an insult offered to an officer un der his command. The honor of an officer ini . active service, is as sacred as the fl g of th<> I nation ; and it is as indispensable pmnipflyi . to repel an insult to the one as to (he other.) . If an officer, going peaceably on shore in a } foreign country, may be treated with iiulm nity, and (his indignity may be made t®ei . subject of a protracted negotiation, and that! , wßh such a dilatory power as Spain ; what' would national honor be worth? It would' | evap irate in words, anil be treated with scorn. Offences of this description are best corrected at the moment of their commis | sion, and on the spot. If an act against aj foreign power has been palpably unjust, ii is not denied that the governmentof the United! States owes it to its own character to pnnisht the officer cninmittin<r it. lim, (he reviewer! asserts, without the fear of reasonable con-1 1 rradiction, that such was the situation of! : Porto Rico, such had been the conduct of its' government and inhabitants, i!ia» thev merit-' ed even more than the humiliation to which Commodore Porter subjected the inhabitants ol’Foxardo. With regard to the condition of the island, it is well known that Spain exercises scarcely a nominal sovereignty over it. Os the Porto Ricans and their ru lers, a description may be taken from the written instructions of President Adams, wnen Secretary of State, to Mr. Nelson, the American Minister Plenipotentiary to the Court of Madiid. His testimony, it is pre sumed, will not be disputed. Under date of the 28th of April, 1823, he says to Mr. Nel son, “ the privateers from Porto Rico and “ Porto Cabello, have been, by their conduct, “ distinguished from pirate*, only by com “ missions ut most equivocal character, from “ Spanish officers, who>e authority to issue “ them has never been shown, and they have “ committed outrages and depredations “ which no commission could divest of the “ piratical character.” QPage 270, Docu ment No 2, of the H mse of Repre-entatives, 2d Session IBih Congress.]] Whether this was a local government entitled to respect, men of itense will determine. Spain herself has been so tardy in making atonement for the murder of Lieutenant Cocke, at Porto Rico, that the policy of trying and punishing Commodore P rter, even if intenuonally guilty, may well be questioned. In what did the Commodore disobey his instructions? The specification under the first charge that his proceedings at Foxar do were “in contravention of the constitu tion ol the Unit' d S ales.” The allusion, in this, it is supposed, is to the constitution al power of making war. But Commodore P rter did not wage wa> against the Porto Ricans. He employed hi-force for no other purpose than to constrain the magistiates at Foxaido to make an apology for the insult offered to one of his offuers. Me destroyed no property; he perpetrated no outrage; and did nothing that was not absolutely ne cessary to the security of himself and men. I’he Foxardians themselves were so satis fied of the propriety of his deportment, that they sent him a present of provisions at the moment of his departure. Another specification of the first chare is, that he infringed “ the laws ol nutioi , But what did Ins instructions tell ’ VV hy, that “ in the ca e of pirates, th ol the armed lorce ol one power p j them into the territory of anoth« plete.” It maybe answer'd t not go in pursuit of pirate i Lieut. Platt, however, did went from Si. Thomas, in s bers of the “ American his impression was that * committed by pirates, ken refuge, with the : an impression that character of the ing been in the ty, which was Commodore ’ in it ; and supported ing tlios public’ the M to V 1 or: o' * sentiment it d bv Mr. Ami nf «f, ».♦. ,/ illlU ■ IJJ.,, tl 1 h ‘ •c' i Mint ■•.*! of Spain at W ><igV>h, «.i-- "it same subject, “more -i ..ble. foran ac |“ cess ary to the pirates, than .... ~ • .... J ‘ ; ;/• 11 ’.li - Jli to is suh. measure v i> been heard o.' t or .- Spanish Secretary not viewed the tran&. light. He was, of course, notice of it ; but, according . of Mr. Nelson, under date A April, 1823, the Secretary observed, “governments friendly towards each 0.. . “ had never any difficulty in arranging mat “ ters of this sort.” A simple disavowal ot the act of Commodore Porter would doubtless have satisfied the Spanish Cabi net. The most singular incident in the trial ■>f the Commodore is the testimony of the late President Monroe. Commodore Por- Mer was re called, as the official letter of the ! Secretary of the Navy, ordering him home, ! purports, for the sole object of investiga ting the particulars of his conduct at Foxar do. The warrant in virtue of which die Corn -of Inquiry was organized also sub stantiates this tact. At the request of the Commodore, in consequence of the repre sentations of a temper ry agent of the gov ■ eminent, and additional subject of exam ination was introduced, which was the con > vevauc ■ of specie i . the vessels of the Com jmodore’s sq-.iadioo. As no charge was advanced bf;re the Court Martial °in rela uo" to iin•> I ;it ■er '-'jiii, ihe fair presumption jis, ilia' i; gnveriiiiieiit is contented with l llls Ll " ■';« respect, and that the I cany mg I specie, under his directions, !ea» in i not..i miiy with his instructions. In ; .fell, till coin wince ot specie inarmed vc« eU iauxilmn to the suppression of pi |iac_\ ; lor, jf> money & the unstamped preci | iius metals ai t- the gi eui.esi incentive to pira tical depredations, tin inducement to mbbe ■ y on the !u_ . <ea» is i. innished in pro|x>r j turn t-the giv..i“r<l gr.-e of safety in the transporta'ion of Hmse art-cles in vessels of j war, i- sti ad of def ncciess inei chantmeii. ; I tie charge *t nsobe lienee of oidi rs, in his I visit to K xu d was therefore alone the Uuijn.,l ground vvnk f :s trial Yet, when he trial came on. another charge was pre sented. It was tor “ iasuuoruiuate con i duct.” The foundation of this seconi] i charge, according to the specifications, was f certain letters written to the President ol - the United States and to the Secretary of the b Navy, and the publication of a pamphlet , purporting to give a faithful account of the a proceedings of the Court of Inquiry, but i which, it was averred, was incorrect. The reviewer will not insist, that, accord -1 ing to the rigid rules ol naval discipline, - Commodore Porter may not, in some mea -1 sure, have offended aga ; nst the principle of , subordination ; but he does insist upon the - inadmissibility of Mr. Monroe’s deposition, i It refers to circumstances antecedent to : the Commodore’s recall; to circumstances ; known to President Monroe prior to the vis i it to Foxardo ; and to circumstances, with ea full knowledge of which President Mon - roe permitted Commodore Porter to remain , in the high and responsible command of the i West India squadron. It may be asked, ,I with what propriety could an officer, guilty f of “ insubordinate conduct,” be allowed to r.continue in the execution of a high trust, jjand afterwards be tried for the insubordi ' nation, and that, too, upon an order to re f pair to Washington to undergo a scrutiny jexclusively relating to a subsequent act ? j Did nut the continuance of the Commodore j in command, bv President Monroe, cover| .and quash the previous insubordination?; . The reviewer lays the more stress upon the| testimony of Mr Monroe, from the eleva - . tion of his character, from his hiving been! ; the President who dictated the instructions' } to the Commodore and who recalled him,! r and f oin his having been the personal friend I of Commodore Porter; all of which were t calculated to give to his statements against I that officer a powerful and almost irresisti ,ible influence with the. Court Martial. ,| Not •» least extraordinary incident, .touch'll ' “iqniry and the trial, is the invit' n in m, the Charge d’Af t -fair ' pain, nish proof against the . C die. > dies two things : I I no f "plat been officially o the .■ i toer)i ' U. States, i. heli. "ter atj ■' <»; .: 1. 'nd Court Martial were i titutei o sal -I li; win her, upoi ion o) • ' . • * rfvi f, . | viout nnee " •me hts.■ iitim: i*. . onl- c;; in the sinceri • ty nf such a manifesmiior < 1 tender rvyar.l! ‘\ 'j :r -lie territorial of bj 9 Catholic; , 'VS y. Alk-i ■r , v .»#; sui/.-rl a portion ofj l ' ■ • , i -.- t. .i k . .-I ; ■ i f oe of peace with Spain, mat «he inn,,: •■n •' wie p'liusih i;lv. -■- ■ • . jun , ishr.M-ii inflirb-'H on (lomi.Mi.} -r- P rtf. n j merely to save the appears. >*• of modern ; "tii'i J Toe -(;■ navver cheei biiliv recmniiz'-sl •I. , ■ ... ~ A. 1. J , . . .■ V < • '.oasir.M uv k ■to tv• ot or. j < ‘ 11 * ■ I* no 11 Iron) nv<* re »t v ->fi - ;h . pa Mr. 'a mrv, is of the oubt has ‘ capaci die diploma serve honora ent of the Uni ary of the Navy, has adverted to as nmunications of ur- Cninmodore Porter for stigation and trial. The u undertake to affirm that e precisely in the tone of tion ; but, in regard to that nt, of the 17th of April, 1825, -rve that if it be an offence a ipline to complain of delay on , a Secretary to the Chief Ma gistr a great abuse of power may take place without remedy. The pracrastina-i tion of a month might be extended to a year, or longer. Blame is not here intend-! 1 ed to be thrown on Mr. Southard ; but con- ! e structive insubordination is a dangerous' - doctrine, depending, as it must depend, on b the peculiar temper of the head of a de , partment. Commodore Porter was coun tenanced in his request for a speedy inqui - ry. He was ordered to return to the Uni- J t e( l States “ without delay,” to answer to matters of " high importance.” After an' j intimation o( this nature, was he not justi-| • lied in the anxiety which he expressed at! - being suffered to linger for more than thirty! - days at Washington without a single step; - having been taken to produce an elucida-! tion ? Ihe reviewer is of opinion that the » dignity of a superior is not always best pro - lected by noticing with severity smaller a i berrations or occasional effusions which i flow from the generous warmth of the heart 1 in a painful situation. During the whole of the proceedings res pecting Commodore Porter, President A- I dams has been placed in a very delicate posture. The case, in his hands, was un finished business of the late President Mon ■ roe. Not to have approved the sentence of ■ the Court Maitial would have been, in Mr. ■ Adams, to condemn Mr. Monroe as well as ‘ Court. President Adams seems to have I, considered it altogether as an affair to be . completed by his predecessor and the Se s cretary of the Navy, who began it. This ■ aspect ot the subject presents for observa i don this curious fact, that Mr. Monroe, - whilst in office, recalled Commodore Por • ter lor investigation and trial, and, whea d out of office, appeared aa a witness to prove s his guilt; a circumstance which could net if have happened had Mr. Monroe remained e President during the trial, and which ought t nut to have happened after he had retired eto private life. But Mr. Monroe deserves t applause for the frank manner in which he has relieved Mr. Southard from unmerited - censure. He has taken the entire respon , sibility personally upon himself; and, tru ly, it most appropriately belongs to his ad s ministration. Whatever may be the sen b timents of the people at large, his will be . the glory or the shame of the whole trans u action. - iien. Uaiuea St Hoy. Ttowp, i HEAD QUARTERS. 1 Eastern Department, ) 5 Milledgeville, August 29, 1825. C i Sir, I have received your communication, » through Mr. Secretary Pierce, with two pa mpers purporting to be copies of letters from ■your Excellency to the President of the Uni fied States, bearing date of the 26th July and 6th August; wherein, it appears you are 1 pleased to write at me and of me, notwith standing your avowed resolution not to write ’\lo me. 'I To this wise expedient, to preserve the [immense weight of dignity under which your (Excellency labors, I can have no objection.— ;I lake this occasion before noticing your as sumed “ facts and argument,” to assure you (that I have no authority, whatever, from the President of the United States, or Depart ment of War, to write or speak to you upon any other than public and official subjects such as I have, with perfect frankness and cordiality, communicated to you, previous to the receipt of your letter of the 17th July. 1 |ln that letter, you will recollect, you so far .lost sight ofyour own proper sphere of action, Us to attempt to give me what you term “ « gentle rebuke .” You thus, then, laid aside the ; wnntedhigh themes of your brilliant pen : the Federal Government, the Federal Judiciary, j State rights Yazoo claims, fyc. %c. and leaving all these great matters to stand or move in the separate and distinct orbits in •ch the federal and state constitutions and have wisely placed them, you have !o d,” rather hastily as it would o( thonsed personal animadver ’ ” touching certain official -u ; con‘;d v , me. the personal censure and ’ uied in what you have termed 111111 rebuke,” 1 have acted on my .ual responsibility, without any save that which is implanted m of every upright man. civilized , rage, and which is known to the A us and wise, as the “ first law of na- " '—a law which authorises the free use of bayonet against the highway rubber of oney, whose weapon is of a deadly hue, and die free use of the pen against the official robber ol reputation, whose known weapon is the pen. 1 have no money ; and but little property of any kind, that would command . money—and, therefore, have no occasion to i guard against the highway robber; the little store ot wealth of which 1 am master consists i of an untarnished reputation, with some tes timonials of applause, generously and spon taneously bestowed on me, by the National and some ot the State Legislatures, of which Georgia is one; and by which she and they have secured my lasting gratitude, and strengthened the ties of friendly feeling and brotherly union between us. This little store is highly valued by me. it is my own—my all. It will be held in trust bv me, for my children and my country; and it is, therefore my right and bounden duty to preserve and defend it! it would be criminal in me to neglect it! No earthly law can impair the ’ higher law of self defence and self preserva tion. My letters of the 14th, 16th, and 22d June, and those of the Ist and 10th July’ 1 have convinced my friends, whose good opin uon I value most highly, of my uniform and ; earnest desire to abstain from collision with I you * and, in my answer to yours of the i l / t h July, it is kno • n that your suggestion of the haste in which you wrote, induced me to 1 decline a reply for a week; and until your j I tter made its appearance, as usual in a newspaper, doubtless by your permission, if in mine of the 28th July, of which you com-’ plam to the President or in my last, of the 16th of this month, it should appear ihat na ture or a defective education should have i|n j planted in me a little spice of that knitter rantry tor which your Excellency is so much 'renowned, and that I should thereby have been tempted to break a lance with you in something like your own proper style I cannot but hope that my fault, in this case in following your example,and quoting your own expressions, (the only fault with which I can possibly be charged,) will be pardoned by the President and people of the United Mates, of whose wisdom and justice and magnanimity I have had the most undoubted proofs. To your Excellency, I have no apology to otter 1 propose, however, that in our future correspondence, after disposing of your futile charges against me. that you a „d 1 may confine ourselves to our public and of fend duties. \V hen these are accomplish ed. 1 nereby promise, should you desire it to correspond with you unofficially, un f vve shali have exhausted the argum en ,", and then we will stand by our - " ’ quills, and talk of “ t,«/ or ”_ a bout winch you have written to the President in the interim, since you appear to be loud of quotations from the pom. upon the subject of “ valour,” i will here gf ve y^