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AMERICAN PATRIOT. SAVANNAH, MAY 26, 1812. fc m , ,v, -- ■ “ “ ■ ■ -i ■■■> 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