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AMERICAN PATRIOT.
SAVANNAH, MAY 26, 1812.
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IT is now generally acknowledged
[the President's proclamation to the
contrary notwithstanding] that the
Decrees of the Tyrant are in rigor
ous execution against this abused na
tion, arid setting aside her other enor
mous aggressions, that full cause of
hostilities exists against her—which
is admitted in the Charleston resolu
tions, for in them a declaration of war
is recommended against both belliger
ents —find after the numerous and un
questionable evidence which has been
received, a doubt on this subject must
imply a most singular ignorance and
follv or the most confirmed corruption.
But the recommendation of a declara
tion of war against both belligerents is
in a manner absurd ; for Mr. Madison
has obligated himself to “cause our
rights to be respected,” and the major
ity in Congress have acknowledged
themselves li pledged” to France
further confirmed by the defeat of Mr.
Pope’s resolution, that administration
will not throw off their Gallic yoke.—
A hostile attitude by this government,
then relates only to England, and there
can be no hesitation in asserting that
war with that nation, alone, on the
pretended ground of the Orders in
Council, were a prostitution of the na
tional character in a cause false and
unjust—in direct opposition to the
voice, and at a sacrifice of the Eastern
States, the most precipitate madness—
and without the means to carry it on,
and in the present defenceless state of
our sea coast and towns, little short of
treason. Need there be an appeal to
the situation of cur commerce, to the
empty vaults of the treasury, and the
enormous appropriations, to the re
sult of recent elections, to tlie diminu
tive navy, to the army, its commanders
and the war department, to confirm the
truth of these remarks ? For a small
section of the people, or a miserable
majority, then to assume to themselves
an approbatory office, and to induce,
by a partial expression of the publie
opinion, administration to adhere to
their ruitscus career, is certainly incor
rect. The honor and welfare of the
nation should alone be consulted, and
not the reputation of any set of men:
and if the dignity and prosperity of the
.country were systematically pursued,
the acts would approve themselves by
their consequences—no resolutions to
that effect would be necessary. But
the people are aggrieved, and instead
of calmly approving of the policy which
loads them with continental fetters,
let their voice convey the language of
indignation and censnre, and let (lie
disgraceful acts of the present long, te
dious and disgusting session, justify (he
severest reprobation.
WE republish the protest of the
minori.'y of the Senate of Massachu
setts, relative to (be election of Gover
nor Strong in 1300, for the purpose of
exposing the desperate extremities to
which an unprincipled faction will at
all times resort, to promote their am
bitious and base purposes. The most
sacred principles are trampled upon,
when interfering with their destructive
projects. The constitution instead of
being a barrier, rather facilitates the
•strides of tyranny, for while the cor
rupt view it as a nullity and entirely
disregard it, the just and honorable
porticn cf community most scrupulous
ly adhere to its very letter, and invio
lably consult its true spirit. V, lien
tne end is made to justify the means,
as in the present ease, then not only
does political but personal safety va
nish, for the same principle which wiil
lead a traitorous hand to stab the con
stitution and strangle justice, will ea
sily be transfered to the gratification
°i personal hatred and malice, which
directs the arm of the assassin to
plunge his midnight dagger into the
“unsuspecting bosom of his unguarded
victim. When such principles gain
currency in society, unless speedily ar
rested by the good sense of the people
they will inevitably dilapidate the
community and plunge it into all the
sanguinary horrors of revolutionary
Paris. Political contention will be
converted into personal animosity, and
an honorable competition into a malig
nant. opposition. The ruling faction
having mounted to authority and pow
er through the numerical influence of
the sans culottes, will know of no check
but the satiety of their own savage dis
position. It is needless to remark that
such is the character of democracy,
which is rapidly hurrying the country
into a scene of the most deprecated ca
lamity. The infamous manner in
which the election of Governor Strong
was defeated, a gentleman eminent for
all the brilliant and useful qualities of
the patriotic statesman, and (he ami
able virtues of (lie private citizen, is a
correct comment upon the principles o*’
a faction, the bane of our country.
PROTEST.
WE, the undersigned, members of
the senate oftbecommonwealth ofMas
sachusetts. do hereby protest against
the acceptance of the report of a joint
committee, appointed to examine the
returns of votes for governor and lieu
tenant-governor of said commonwealth,
and against the proceedings of the
senate thereon, fer the following rea
sons :
Because it is provided by the consti
.tion cf this commonwealth, that the re
turns of votes for governor and lieuten
ant-governor, received in open town
meeting, and scaled up in presence of
the inhabitants, attested by the select
men and town-clerks of the several
towns, and transmitted to the office of
the secretary of the common wraith
seventeen days, at least, before the last
Wednesday in May, annually, are the
only evidence of the election of those
officers, which the legislature is com
petent to receive or examine. Yet it
appears from the report of the com
mittee, and from the statements of one
of its members, that they did receive
and examine evidence both written and
ora!, other than said returns, and have
admitted such evidence in some instan
ces to verify and in others to invalidate
said returns.
Because this unconstitutional and
unprecedented proceeding of the com
mittee, now adopted by the senate,
amounts to a gross and flagrant viola
tion of the rights of the people, and
transfers from them to the legislature
the election of a governor, although a
choice has been made by the people.
Because it was manifestly the object
of the constitution to provide for a per
fect organization for the government
at the earliest possible period after the
commencement of the political year,
and to prevent any suspension of the
executive power by a vacancy in that
department; and this wise provision
has been hitherto effectually enforced
by the uniform adherence of our pre
decessors to the rules of evidence, es
tablished by the constitution, from the
time of its adoption. But the bold and
dangerous innovation now attempted,
tends to procrastinate the declaration
of the choice of governor to a late and
indefinite period of the political year,
and to effect a vacancy in (lie office of
chief magistrate, whenever the spirit
of intrigue or faction sliai! become pre
dominant in either branch of the legis
lature. If other evidence than the re-
turns specified in the constitution may
be examined, no limits can be prescrib
ed to it. If it be compel nt to a com
mittee to receive testimony relative to
the elections of towns in the vicinity
of the seat of government, it is their
right and their duty to scrutinize the
notes and proceedings of towns the
most remote. To this power is inci
dent the right of sending for persons,
books and papers. Parties must he
heard; witnesses must be confronted;
and scenes of disgraceful strife and
contention will ensue while the execu
tive functions are suspended, and the
w hole system of government is of con
sequence impeded and finally involved
in confusion and ruin.
Because it rejects the votes of the
town of Isleborough for Caleb Strong,
merely for the accidental omission of
of the letter g ; the name being spelt
Stron; and it also rejects the votes of
Davistown, for Caleb Strong, for the
omission of the letter t; the name be
ing spelt Srong ; whereas there being
no person in this commonwealth known
by the name of Caleb Stron, or Caleb
Srong, the presumption is irresistable,
that the aforesaid votes were meant
and intended for his excellency Caleb
Strong, Esquire.
Because, in certain returns, after a
list of persons voted for; the word
scattering is written, and this word with
the numbers annexed is in all instances
carried out into a separate column to
increase the aggregate number, thus to
give further color to the pretext that
Caleb Strong has not a majority cf all
the votes: Whereas it is manifest from
the express letter of the constitution,
that persons known to possess the re
quisite qualifications can alone be re
turned or considered as candidates for
the office of governor and consequently
that votes descriptive of nopersu n can
not be admitted. But upon the con
struction adopted by the committee o.nd
the senate, the legislature may be en
caged in the farce of voting, not for
■ eligible candidates, lut for the names of
things or ideas personified ; audit must
happen if the report be accepted in
both branches, that they will actually
he employed in voting for James Sulvan,
a candidate, not known to any person
to be qualified, nor believed by any per
son to exist. Bv these means the most
important official duty will be discharg
ed with solemn mockery, and the con
stitution be exhibited to the disgrace of
the legislature, the contempt of the
people, and tlie derision of the world.
Because, the votes cf the town of l’ar
snnsfield. in ttie county of York, heintr
l+o, for James Sullivan, are received
and allowed to him, though the return
contains upon its face, the following
certificate, viz. “ Ily reason of the
tmen-clerk being sick, the votes wen
not scaled up in As
this defect is repugnant to the express
letter of the constitution; it is suggest
ed by the report, that the said certifi
cate appearsto bean interpolation. But
no evidence was offered to support such
a suggestion. On the contfary cm of
the selectmen who signed the return, and
who is a member of the house of repre
sentatives, was ottered to repel it and
prove that the fact certified was true :
and that the said certificate was origi
nally made as it now appears ; hut his
evidence, the introduction of which
would have been justified by the said
suggestion, was not admitted. Thus
fraud w as presumed not for the purpose
of invalidating, but of supporting, a
return; and the evidence of a return
ing officer who was interested in prov
ing the fraud, if any, was offered to
disapprove it, and rejected. And thus
mere conjecture was admitted to emit in
dict the return, and positive proof re
fused to confirm it.
Because, by the same return from tlie
town of Parsonsfield, it appears that
the town-clerk was also a selectman,
and that he with only one other select
man, signed the return, and as the said
town-clerk was sick, and not at the
meeting when he sealed up the votes,
it is presumable that he was not present
at any stage of the proceediegs; but
that tlie meeting was held by one select
man only, and is therefore manifestly
illegal.
Because, the votes of the town of
New-Eedford are rejected on the pre
tence cf uncertainty arising from two
several returns, certified by the same
officers; whereas one of them ought to
lie admitted and allowed for the follow -
ing reasons:—
First. Both said returns are made
and received by the secretary of the
commonwealth, within the time pre
scribed by the constitution; both are
conformable in all particulars to the
requisites of that instrument, and they
both agree in the number of votes given
to Caleb Strong, which was the only
material fact, that could affect the
choice of governor, by the people.
Secondly. It appeared by a letter in
closing otic of said returns signed by
the town-clerk, and addressed to the
secretary of the commonwealth, that
same contained a true return, w ith tlie
correction of merely a clerical error
made by him in a former return. By
taking this letter in connection with the
return which it contained; the return
itself was verified beyond all doubt.
By rejecting this paper, the first return
appeared also to be genuine. But in
order to make the returns destructive
of each other, the last return was se
parated from the letter which contain
ed it, and thus that evidence which
would have removed all doubt, was se
vered from the return which it accom
panied ; —and of which it made a part
merely to create a doubt.
Thirdly. The senate refused to in,
spent the original record of the town
of Ne-Bedford, which was produced
at the hoard, brought up by the town
clerk. and which would have verified
one of said returns, and the same town
clerk would also have verified, which
was the return first transmitted to the
secretary’s office.
Because after rejecting the returns
of of New-Bedforci, which gave a ma
jority of votes to Caieb Strong, though
both certified by the same officers, and
not repugnant to each other, in the ma
terial question; the senate have select
ed and allowed a return from the
town of Troy, which gave 68 votes ex
clusively, to James Sullivan as gover,
nor. although there are two returns from
saul tou u, repugnant to each other in
all particulars, certified by difierent per
sons and appeared cm the face cf them
to he equally autheniick, and one of them
giving BV votes exclusively to Caleb
Strong, and although no evidence what
ever w as examined by the senate to ve
rify either of said returns.
But on the contrary amotion made in
senate, by osc cf the majority of said
committee to examine the evidence on
one side was withdrawn merely be
cause aa amendment was moved, which
if adopted would have let in evidence
on the other side, and thus upon mere
conjecture, without a shadsvv or pre
tence of evidence or any criterion
whereby to test the authenticity of ei
ther of said returns ; the came majori
ty of the honorable senate, that hud just
rejected the returns of New-Bedford,
which could have been verified by the
record; admitted one cf the returns
from Troy and rejected the other, tho’
both were in tlie state which rendered
it impossible to verify cither.
Because the report admits the votes
of persons for governor and lieutenant
governor, living in unincorporated
plantations ; which description cf per
sons are not qualified to vote for those
officers by the constitution.
Because the unprecedented princi
ples adopted by the committee, five of
whom out of seven are the political op
ponents of Caieb Strong ; were not es
tablished by them previous to any scru
tiny or examination of the votes; nor
until after ample means and opportu
nity had been afforded to them for as
certaining the result of the application
of those principles—By which course
of proceeding, strong temptations and
inducements must have arisen, to con
found principles with inclinations, and
to establish premises with a view to
the result. And whatever were the
motives of the committee, w hieli v. e do
not undertake to criminate, it unfortu
nately happens that without a reliance
upon nil the new and exceptionable
principles contained in the report, his
excellency Caleb Strong, Esq. must
have been reported to be elutscn by the
people, as by the present report he is
deficient only fourteen votes, of a mu
joiity, which number would have been
restored by the admission of any on?
of the objecti ms contained in this pro
test. Finally, Because we consider
the acceptance of the report to be in
its operation, a direct anu palpable in
fringement of the constitution ; and an
open usurpation of the power of the
people, calculated to prostrate the ex
ecutive department, by reducing the
chief magistrate to a humiliating de
pendence upon the legislature ; and to
invest with powers paramount to the
constitution, the accidental majorities
of political sects, and entirely to wrest
from the great body of the people the
right of electing their own governor;
and for the sincerity and truth of our
opinions we solemnly appeal to the
Great Searcher of hearts, and to the
impartial judgment of our fellow-citi
zens and of posterity.
War not yet! The camion iatdy
sent from Washington to New-York,
are of so small acaiibie that they can
not hammer the balls into them—
What excellent managers at head
quarters—No wonder the Secretary at
War requires assistants.
Fellow-Citizens of SaVanmh,
You are invited by tlie
City Council to convene oa Saturday,
the 20th instant, for the purpose oi
taking into view tlie real nature of our
political situation. It is hoped that
the meeting will he full, and that vve
shall sc act as to convince the world
that vve understand the importance of
our rights.
Fellow-Citizens. One of your body
who indulges a sincere affection for his
country, entreats you to pay that at
tention to the interesting occasion
which its material importance demar.de.
It is a duty which you yourselves,
your families and posterity, lor remem
ber you are charged w ith an invaluable
legacy, and remember too, that there
is no name so truly enviable as that
AMERICAN CITIZEN.
MARINE NEWS,
PORT OF BA VANN AH.
High Water lias Day, 84. 40m.
A REIVED,
Brig Eliza Lord, Wheeler, New-York, 10 and.
Elsinore, Pratt, do. 15 ci.
Benefactor, Cushing’, Beaufort, Id.
Sloop Cyniha, Brown, Charleston, i d
—* — Delight, Beecher, 0.0 i cl.
CLEARED,
Ship Lcander, Drunimor.d, Boston, Samuel
and Charles Howard.
Quincy Glover, do. do.
Sloop Reformation, D .i-r.o, Providence, r. i,
An arrival at New-York, reporls the ship
Commodore Preble, at Portsmouth from Sa
vannah—Also, spoke the slnp Shamrock,
.M‘Co'vn, u 2 days from Si.Var.nah, for London.
The Ship General Gadsden, Parcel, from
Georgia wc.h lumber, an ived at Plvmoth on
the Ist of April.
ptH cf Charleston, May 2d Jtrrrced
Spanish sh:p, Eenuudina Pi udencia, Tretado,
Amelia, Br.g Increase, W’idger, Marblebonti,
-deep i: t'.rcoui sc, fowler, Savai n.u<. Cleared,
Set- Rising Sun Catfili, St. Ma.y's.
xpril 21—r-Arrived, Sclir. Ann, H issey,
Beaufort, Cleared, Brig ’Fjegi’jph, Bishop,
Providence ; Sciir. Pioughboy, Shyster, Nor
folk ana Baltimore
Auction.
THIS DAY, 26th May.
At i/Vtoi 8 Commerce Row,
Groceries & Dry Good:,
Sale to commence at il o'"clock,
D. WILLIFORD. Auct'r.
may 23
Auction.
TO-MORROW, 27th Instant,
Will be Cold in front of the Lxch.arre,
Groceries & Dry Goods,
Sale to commence at li o'clock.
HOWE & DIMOX, Auct'r.
Auction.
On the. ZBtk instant will l? sold a *
No. 8 Commerce Row.
ONE Negro Wench named Tamer*
a part of the personal property of Mr.
Lucas Lueena, deceased.
By order of ike Ear. Thos. Lucent',
*D. WILLIFORD. Auct'r.
may IS. 11
~FOR PHILADELPHIA, PRO VI
DENCE or BOSTON.
The sloop JOHN & HENRY,
rapt. Wing, lor freight, or
passage to either of the above port:,
apply on board, or to
J. BATTELLE.
May 26 13
For NEW-TORN,
f.Sf TUe ship HANTONJA, Hand,
ninster which has three iburll St
of her cargo engaged, for the halant e
or passage apply t,> the captain on
board, or
M'KINNE BARNETT, # ec,
may 26 St 13
FOR NEW A GUN.
&fprjT The fast sailing Racket Brig
MMI ELIZA LORD, Captain
Wheeler, will meet with quick dis
patch—f< r Freight or Passage, having
good accommodations, apply on beau.',
or to
sTURGrn l Burroughs.
may 26 2t 13
For NEW-YORIC,
.£,££■ The fast sailing brig E1.,81*
NORE, Pratt, master, lit*
two thirds of her cargo ready to go ml
beard. For remainder or passage ap
ply to the captain on hoard, at Messrs.
Tuvlor and Hc rboromrh’s wharf, or
DUNNIiNtQ <§• CLAY,
may 23 13
gT7* PERSONS who have not
complied w ith the terms of the Sales*
of PEWS ia Christ Church, will
please call on the subscriber for their
titles.
JOHN LAWSON,
may 26 1 3
%CT PASSENGERS per~ Brig
AMERICA, for Philadelphia, x-.ill
please be on board this morning pre
cisely at 12 o clock,
may 20 13
S CT- The Brig ( LF.OPATRA,
CoKKLtNb Muster, will sail for Bos
ton on Thursday next, for Freight of
Cotton on Deck or Passage, apply to
(he Captain on hoard, or to
M'KINNE BARNETT Sc Cos.
may 26 13
Qj° Turtle Soup,
A Fine Fat Green TURTLE will
be dressed TRIS DAY, at 11 n deck,
by Leah Simpson, next th.cr to Cfcnn’s
Tavern. Families cur: be cur-plied by
sending; early.
May 26
Porter, Claret, &c.
6 Casks London Porter,
12 Dozen best Bourdtaux Claret, e::d
a few Boxes fresh Clives and An
chovies received per Sloop Dc
lis;bt, from Charleston,
For Rule by
WOODRUFF £•. BRANT,
may 26 7t 13
Cow Pease,
ONE Hundred EAGB of Gver.ty
Bushels each, for sale bv
I>. WILLIFORD,
may 25 £t 13
For Sale,
PTjpHE House and Lot at present co
*fi_ copied by Mr. Henry Tucker,
situated ir. a pleasant and healthy part
of the city. For terms apply to
RBEi Sv BE-VIRiiE.
May 26 13
To Rent,
£ CONVENIENT HOUSE fer a
small f’.mily, in a pleasant an i
central part cf the City. Fcrpaili
eultra, enquire of
JOSEPH KING.
[ my fs in