Columbia ^SnttJerjs^ftp THE LIBRARIES LIFE OF THE LATE Gen WILLIAM EATON; SEVERAL VEARS AN OFFICER lU THE UNITED STATES ARMY, CONSUL AT THE REGENCY OF TUNIS ON THE COAST OF iflARBARY,. AND COMMANDER OF THE CHRISTIAN AND OTHER FORCES THAT MARCHED ^ ^ ^^ '^ ^ ?J^^ '^ THR6t;GH THE DESERT OK BARCA, IN 18Q5, AND COMQUEPElD THE CITY OF DERNE, WHICH I.to TO THE TirtATY OF PEACE I BETWEEH-ThB w*«iT«D STA-rsSAND i( THE REGENCY OF TRIPOLI. rRINCIPALLY COLLECTED FROM HIS CORRESPOND^ ENCE AND OTHER MANUSCRIPTS. ^ BROOKFIELD : PRINTED BY E. MERRIAM Sc CO. "1815." DISTRICT CLERK'S OFFICE. District of Massachusetts, to vvit: BE it remembered, That on the sixteenth day of April, A. D. 18^5, and in the thirty-seventh year of the Independence of the Uniied States of America, Ebenezer Merriamofthe saiddistrict, has depos- ited in this office the title of a book, the right whereof he claims is proprietor, in the words following, to wit : "The LIFE OF the LATE Gen. WILLIAM EATON ; sever- al YEARS AN OFFICER IN TH E UNITED ST ATES' ARM V, CONSUL AT THE REGENCY OF TUNIS ON THE COAST OF BARBARY, AfD COMMANDER OF THE CHRISTIAN AND OTHER FORCES THAT MARCHED FROM EGYPT THROUGH THE DESERT OF BARCA, N 1805, AND CONQJJERED THE CITY OF DERNE, WHICH LED TO THE TREATY OF PEACE BETWEEN THE UNITED STATES AKD THE REGENCY OF TRIPOLI: PRINCIPALLY COLLECTED TR M HIS CORRESPONDENCE AND OTHER MANUSCRIPTS." In conformity to the Act of Congress of the United States, intitled, *' An Act for the encouragement of learning, by securinj^ thci - •■ of Maps, Charts, and Books, to the Authoisand Pioprietors o\ copies, during the times therein nKntir""*^ , • and also, to an ;n.t, iutitlii d ** An act supplemental y to an act, intitled, an act for the encouragemeji. of learning, by securing the copies of Maps, Charts, and Books, to tic authors and proprietors of such copies during the times therein men tioned ; and extending the benefits thereof to the Arts of Designing, E'ngraving, and Etching Historical, and other Prints." WILLIAM S. SHAW, Clerk of the District of Massachusetts \ THE COMPILER'S PREFACE. Gen. Eaton expired, June 1st, 1811. Shortly after his decease, several gentlemen, who having a just, entertained a high o- pinion of his talents and services, expressed a wish to see a history of his life and atchievments, believing that in his numerous manuscripts there were ample materials, by judicious selection, for abiography of his life and a relation of its principal events, that were worthy preserva- tion : hoping at the same time that a volume might be published of sufficient interest to defray the expense of publication, and pei:haps yield a profit that might do much towards educating his orphan chil- dren. Major Amos Paine of Woodstock, (Con.) the husband of a sister of Gen. Eaton, from regard to the family, and solely with a hope of rendering it a service, offered to risque the expense of pub- lication. Having been intimately acquainted with Eaton, and witli much of his public life, trusting, perhaps too much, to my judgment and fitness foe the undertaking, Mr. Paine requested me to make the desired selections, and superintend the work. Being under obliga- tions to spend thd ensuing winter in the City of Washington^ and there not being sufficient time for the execution of the work before the win- ter, it was agreed to defer it till the next spring. A disappointment in procuring paper oelayed the commencement of the printing till late in th*" autumn of the last year. If however the volume contains isement, instruction or interest, this delay can have no essential ef- in its sale. — These particulars are mentioned merely to account ''■e lateness of a volume so long before announced. iv PREFACE. Of the greater part of his life Gen. Eaton kcpta journal : h served copies of all his official, and most of his private letters : a en volumes of the size of this would not contain the whole. To t'x.- amine and collect, from such a mass of papers, what is most interest- ing ; and at the same time so to connect it, so as to afford, from his own pen, a relation of his life and vts principal transactions, has been a diffi- cult and laborious undertaking. Some things are perhaps omitted which many would deem of more importance than otliers which are inserted ; and some things are inserted which others may consider of little value. To please all was an impracticable task. Having no one to consult ; no guide but my own very fallible judgment ; censure of that judgment is to be expected ; but censure of its faithful exercise would be most unmerited. Not having it at all times in my power to examine the proof sheets it is probable that some small errors of the press may be discovered ; some perhaps have escaped my own attention : nothing I trust howev- er of importance . I at first intended to divide the work into chapters ; b.ut finding that such division must be entirely arbitrary, and that no advantage cquld arise from it ; it was deemed advisable rather to leave the whole to such pauses as the dates or transactions naturally suggest. . An insertion of the list of Subscribers was intended ; but it has been found impracticable to obtain in season the different subscription papers issued, a few in the neighborhood excepted : hence, and the insertion being considered of little importance, it has been thought unnccessay to delay the publication for an object of such minofr consequence. The EDITOR' MrookfieUj April 20tb, 1813. CONTENTS. From Page 9 to Page 5T. Page 9. Preliminary observations— birth of Gen. Eaton — character- istic anecdotes. 11. Joins the army — prepares for the university. 12 Goes to Hanover. 14. Apointed a Captain in the United States army — marries — joins the army under Gen. Wayne, in the North Western Territory. 15. (Quarrel with Capt. Butler. 19. Character of Gen. Wayne. 20, Description of a storm at sea. 22. Is arrested and tried bv a court martial — letter to the Secre- tary at War, in exculpation of the charges exhibited a- gainst him. 53. Goes to Philadelpliia — arrests Doctor Romayne, 54.^^ppointed Consul at Tunis — embarks. ^ram Page 57 to Page 152. 57. Commission. 59. Arrives at Algiers — description of the Dey. 61. Arrival at Tunis — reception. 65. Conversation with the Bashaw — further discussion respect- ing the treaty. 76. Difficulties. 84. Piesents to the prime minister — altercations with the re- gency. 89. Letter to Mr. Pickering, topographical description — polit- ical. 93. Description of ports. 94 Temple of v^isculapius — cisterns. 96. Government — courts. 98. Military force. 100. Sardinian captives — commercial remarks —political obser- vations. 117. Difficulties in part adjusted. 120. Anecdotes relative to wearing a hat or cap in presence of the Bey or Sapatapa. 123. Manners — maxims. 124. Spirited letter of Lord Nelson. 126. Complaints against Famine. 130. Letter of Mr. Pickering. 131. Letter of the President to the Bashaw of Tunis, / ▼i CONTENTS. 133. Intercourse with the Sapatapa. 136, Circular letter. 13T, i^etter of the Bey to the King of Denmark. 140, Letter to Mr. Pickering — various comments. 146. Letter to Mr. Smith, Lisbon — horsewhips Famines—con- sequences. 149. Letter to Mr. Pickering — war declared against Denmark. From Page 152 t»Page 184. 152. Letter to Mrs. Eaton— admittance to the presence of the Bey of Tunis — description of the City — manners — re- marks on slavery. 156. Letter to Mr. Pynchon— description of Algiers — ladies of Barbary ; their dress — religious observations. 162. Humorous letter to O'Brien. 163. Letter to Mr. Lyman ■ Letter to Mr. Hough — manners of the natives — habits of the Turks — further description of Tunis — ejaculations — political observations. 171, Private letter to Mr. Pickering — remarks on the cultiva- tion of the date — olives — ^figs, &c. . V\1. Letter to Mrs. Eaton. 1T.S Privateletter to Mr Pickering — consular expenses. 1T4. Letter to Mr. Pynchon — Washington's Reception iji Elysium. 176. Letter to Mr. Harris^Sorrow for the loss of Washing- ^— ton. 477. Private letter to Mr. Pickering. '^178. Letter to Mrs. Eaton— Mr. Pickering's removal from the office of Secretary of State. \ . 179. Private letter to Mr. Pickering on the subject of^nis re- /' moval from office. 180. Letter to Mrs Eaton— reasons for relinquishmg great pro.'it by the purchase of six Danish vessels — letter or the Danish Admiral — expressions of gratitude. 181. Letter of Mr. Cathcart — Mahometan superstition and in- tolerance. From Page 184 to Page 242. 185. Letters to Mr. Marshall, Secretary of State— Peace be- tween Denmark and Tunis — conversation with the Bey — arrival cf the Anna Maria. 189. O'Brien to EATON-arrival of the Washington— ordered to Constantinople— notes by Eaton. 190. To Mr. Smith, Secretary ot the Navy— jewelry. 191. To Mr Marshall— difficulties with Tripoli. 193. Protest of Mr. Cathcart against the Regency oi^ Tripoli. 201. Letter of Mr. Cathcart to Eaton— proposals to the Bashaw 204. To the Secretary of State — demand for arms— conversa- tion \n consequence. 206. Mr Madison,. Secretary of State, to Eaton— jewelry- promised. 208. Ixtter to Mr. Madison— situation of the Ex-Bashaw— plan of co-operation with him. 2/)9, To Mr. Madison— constitutional doubts relative to the 4cceptar.ee ofa present from the King of Denmark— lettfr CONTENTS. ys. to Eaton of the Danish Board of Members on Barbary affairs — Eaton's answer. . \ ■ i 212, Extracts of letters to Mr. Madison. ^ . - ''-[ 214. To Mr. Cathcart — Eaton ordered to quit Tunis — order countermanded. 216. To Mr. Madison — proposition of peace with Tripoli, through the mediation of the Bey of Tunis — consequent discussion. S19. To Mr. King— arrival of the Constellation. 220. To Mr. Madison— disagreement with Com. Barron. 223. Letter from Eaton to the Ex-Bashaw. 225 To Gen. S. Smith— plans in concert with the Ex-Bashaw. 22T. To Mr. Madison— complaints of ill treatment from the naval commanders. 230. To the same — conversation with the Bey. 233. Letter of the Bey of Tunis to Mr. Jefferson. 234. Extracts, to Mr. Madison. 237. Notes from the journal. 238. To Mr. Madison— claim of the Bey for indemnification for a vessel cpptured by the Americans. 242. Eaton returns to America. From Page 242 to Page 301. 243. Letter to the Speaker of the House of Representatives. 253. Letter from Mr. Hiim,bert to Eaton approving of his official conduct. 255. Certificates of Foreign Consuls in Tunis of the correctness of Eaton's deportment there. 236. Eaton appointed Navy Agent of the United States for thei several Barbary powers, with the view of aiding the operations of Hamet, the Ex-Bashaw. — Letter to Col. Dvvight, explanatory of his plans in conjunction with Ham- et, the encouragement, promispd assistance and duplicity,. of the Administration— the President's Letter to the Bey of Tunis, &c. 258. Extracts from the journal — arrival at Malta — further ex ■ tracts — arrival at Grand Cairo. 277. To tlie Secretary of tlie Navy — interview with; the Vice Roy. 283. To Hon. John C. Smith. 205. Private Letter to Commodore Preble — relation of plans, proceedings and expectations with regard to Hamet. 294. Letters to Capt. Isaac Hull. 2ft6. Extracts, to the Secretary of the Navy. 297. Convention with Hamet. From PageSOi to Page S^^. 30.1. Extracts from the journal — march from Alexandria throu^gli the desert of Barca — difficulties, fatigue, distress, anecdotes, arrival of the army at Bomba ; of the Argus, Captain Hull, and tlie Hornet — march to Derne. 336. Letters to Commodore Barroii — terms of amity offered the Bey of Dernc— relation of the engagement there— discus- sion of the right and policy of proceeding to Tripoli — fur- ther relation of skirmishes — further discussion of the ri^ht and policy of perseverance. yyi CONTENTS. 361, Letter from Eaton to CoiTitnodoreRodgers. 364. From Colonel Lear to Eaton, givmg mformation of the conclusion of a treaty with the Bashaw of Tripoh. 366. Letter to the Secretary of the Navy. 368. Verbal orders from Barron to Eaton and Hull— corres- pondence with Commodore Barron and Captain Hull.— Letter to the secretary of thek Navy— relation, argument, expectation and complaint respecting co-operation with Hamet, and hasty conclusion of peace. From Page 393 to the End. 393 Gen Eaton arrives at Hampton road, Virginia.--Mo. tion in Congress for bestowing a medal ; opposition and de- feat of the motion. . -r,- . • . r iv/r • u 393. Grant of 10,000 acres of land m the District of Maine by the legislature of Massachusetts. . ,£..,, 396 Testimony in relation to Burr's conspiracy before the Circuit Court of the District of Columbia. 403, Wilkinson to Eaton— Eaton's answer. 406. Address to the Chairman of the Committee of Claims. 408. Attendance in Richmond on the trial ot Burr. 4i0. Letter on the death of his Step Son. 112. Speech in Town Meeting. 418. Life of Lcitensdorfer. 425 Letter to Mr. Humbert. , , i -d \-^ r^f ti.*> 428". Account of his last sickness, and death-Remarks of tie Editor on his character-anecdotes-extracts from his writ- ings, &c. 447. Ode, by the late Mr. Paine. 448. Extract from a poem by Mr. Pierront. , THE LIFE OF Gen WILLIAM EATON ; Together with some of his COBRESF 0J\'*I)' EJ^CE AND other WMITLYGS. THAT biography whicli is dictated by the partiality of friendship, or is distorted by unfriendly preposyessious ; which in vivid colors poiirtrays on- ly the virtues, or with rancorous exultation displays only the shades of departed excellence; while it violates the sanctity of truth, equally disappoints the expectations of honest curiosity, and encourages the extension of incertitude and perversion. The public have a just claim on the man who professes to exhibit the character of the deceased : it claims a faithful likeness drawn by the pencil of truth. The old precept J^il de mortuis nisi honmn, was never in- tended for history or biography : adhesion to such a dictate would eflfectually destroy the value of both. Nor can the delineation of the character, and rela- tion of the actions, of an individual, be of utility to the reader, where are discovered only the amiable and exalted traits ; and where only the brilliant exploits are exhibited. It is not less necessary to show the foibles and deviations from duty, than the virtues and meritorious atchievements ; that the former may be 10 LIFE or produced for avoidance, and the latter displayed for imitation. The subject of these memoirs, William EatoNj was born at Woodstock^ Connecticut, February S3d, 1764. He was the second son of Mr. Nathan and Mrs. Sarah Eaton. His father died Nov. 2Sd, 1804 : his mother is still alive. His fatlier was a plain farmer, who supported his family by mamial industry, and, for nearly twenty years, by keeping school during the winter season, for which he was qualified ])y more than ordinary school acquirements. He had a large family for whom to provide, having liad thirteen children, eight of whom are still living. William early discovered intellectual vigor and eccentricity. To labor he was extremely averse in his boyhood ; a book, a pen and a gun, being his con- stant delight. Of his father he learnt to read and write, and made considerable progress in arithmetic. When compelled to work in the field or the woods, he usually concealed a book in his pocket or hid it in the field, for the perusal of which he left bis work when not overseen, and during the intervaU of la- bor. He was about ten years of age when his par- ents removed from Woodstock to Mansfield. While a boy, in this town, such was his fearless and adventurous spirit that he several times was near losing his life by his daring carelessness. Returnins; one Sunday from public worship, he climbed a cher- ry tree that stood beside the way, from which he fell, and dislocated his shoulder ; and such was the con- cussion, owing to the lieight whence he fell, that he was deprived of his reason for several days. The first appearance of returning rationality Avas noticed on the succeeding Wednesday. A neighbor, a tanner by trade, sitting by his bedside, asked him if he lov- ed cherries. "^ I)o you love hides ?" was the re- sponsive quere. When about sixteen years of age, without the con- sent or even knowledge of his parents, or the com- GEN. EATOX. il iminicatioii of his intentions to any one. he eloped from home, and enlisted in the army. He here con- tinued upwards of a year, the greater part of the time in the capacity of a waiter to Major Dennie, of the Connecticut troops. Becoming ill in health he ohtained liberty to re- turn to Connecticut : But, on his journey home, he became so lame that he was unable to proceed, when within about two days journey of Mansfield. Being without friends, he supported himself in the family of a farmer, by mending old chaiis. After remaining here three weeks, his father, having learned where he was, came for him, and offered to pay the farmer for his board. Tlie farmer however refused any remuneration ; declaring that tlie mending of chairs, and the instruction he had given his children, were sufficient recompence ; and he should he very willing to board him much longer, merely for his good com- pany. William, hoAvever was not long contented at home ; and, on the recovery of his health, again joined the army ; in which he continued till the first of April 1783^ when he was regularly discharged, having been some time before promoted to a ser- geant's birth. He continued with his parents till September, 1784, when he commenced the study of the latin lan- guage, under the tuition of the Rev. Mr. Nott of Franklin. In the winter he commenced the study of the Greek language. In the summer of 1785, his mind was most seri- ously affected with religious impressions, and he was regularly propounded and admitted to membership in the church of that place. In October of the same year he proceeded to Han- over (N. H.) and was admitted a Freshman in Dartmouth College, with permission to remain ab- sent during the ensuing winter. Such liberty being at that time frequently granted to students in indigent ^circumstances, with the expectation that while em- IS LIFE OF ployed ill leaching school for the purpose of replen- ishing their purse^ those to whom such indulgence is given, would attend to the studies pursued by their classmates at the University, and be pre- pared for examination and re-entrance into their class. Eaton however, in consequence of certain embarrass- ments at home, and devotion of most of his time to school keeping, received no advantage from his ad- mittance in 17S5, as he was again admitted, in May 1787; a member of the Freshman class. In November 1785, he commenced a school in a parish of Windham, called Scotland, devoting how- ever a part of his time to his college studies under the tuition of the Rev. Mr. Coggsweli.. Here he continued till the 1st of June 1786: When he re- turned to his parents in Mansfield, laboring on the farm a part of the time, and devoting a part to the pursuit of his studies, under the direction of the Rev. Mr. Welch of Mansfield ; a gentleman for whom he ever after entertained the highest respect. In November he re-commenced his school in Windham ; in which he continued till the e^nsuing March, 1787. In May, 1787? witli his staff over his shoulder, on which was suspended his pacli, containing a change of linen, and a few trinkets, which he expected to sell on his journey, and with one pistareen only of ready money, he started on foot from Mansfield, to regain admittance at Dartmouth College. Arriving at Northfield his money v» as all expended ; his spir- its were depressed ; and he gave himself up to tears for several hours. At length, resuming courage, he ventured to offer his pins, needles &c. for sale ; and, with the avails and charitable assistance on the road, was enabled to reach Hanover. Producing a letter of recommendation from the Rev. Mr. Nott to Pres- ident Wheelock, he was by that gentleman treated with great kindness ; was examined, and joined the Freshman class, then in their last cjuarter. GEN. EATON. 13 From the Ist of January, to the 1st of May 1788, he taught a school in Windsor (Vt.) and then return- ed to Hanover. July 4th, by appointment, he sustained a part in a dramatic performance, in an exhibition ordered for that day, by the authority of the College. Aware of the necessity of every exertion that could be made to enable hira to maintain himself through his academic course, he pursued his studies with the most unremitting industry, in order to pre- serve his standing, yet be enabled to devote a great pai't of his time to school keeping. Excessive ap- plication impaired his health, and he was attacked with a liectic fever. His physician advised him to suspend his studies : to which advice however he did not yield till compelled by disease. By a jour- ney to Windsor, attention to his complaint while there, and refraining from study, he gradually recov- ered iiis health and strength. In November he commenced a school in that town, devoting all his spare hours to the prosecution of his studies, not unfrequently trimming his lamp till the grey dawn reminded him of the necessity of sleep. Here he continued till May 1789, when he rejoined his class. In September he re-commenced his school in Windsor, and continued in it till May 1790, where he remained till the collegiate exercises of the Sen- ior class were closed. After a journey to Connect- icut, he returned to Hanover and took his degree of Bachelor of Arts, at Commencement, xVug. S5th. His performance was a poetic dialogue, in conjunc- tion with his classmate Wm. Jackson. [Of this performance I find no trace among his papers.] The ensuing Decem])er he again opened a school in Windsor, in which he continued till Aug. 1791, when he quitted the business of a pedagogue. In October he was chosen Clerk to the House of Delegates for the State of Vermont. 14 LIFE OF During the next winter he made a tisit to Con- necticut. He had a brother, Mr. Calvin Eaton, who at that time resided in Brimfield, (Mass.) whom he visited on his journey. He had been previously partially acquainted with the family of the Hon. Timothy Danielson of that town ; a gentleman of liberal education, who had sustained several import- ant civil and military oflSees, and who was most highly respected by all who had the pleasure of liis acquaintance. Gen. Danielson at his decease left a widow, then about twenty live years of age, with whom Mr. Eaton renewed his acquaintance. In March, 179S, he received official information of his having been appointed a Captain in the Army of the United States, of which appointment he ac- cepted. This appointment, I have been informed, was procured partly, if not mostly, through the in- strumentality of the Hon. Stephen R. Bradley, now, and for many years past a Senator of tlie Unit- ed States from Vermont. Agreeably to orders from the war department, in May, he proceeded to Bennington, (Vt.) and took charge of the recruits that had been raised by his Ensign, Charles Hyde, and commenced himself the recruiting service. In July he took the three first degrees in Free- masonry in the North Star Lodge at Manchester, Some of his soldiers having deserted, Capt. Eaton pursued them, taldng himself the rout to Windham, (Ct.) and ordering a sergeant to Windsor, (Vt.) After spending a short time in Brimfield, he was married, at Union, (Ct.) on the SI st of August, to Mrs. Eliza Danielson ; and immediately departed for Windsor, where he found his sergeant with the deserters. Having received marching orders, he proceeded, in September, to Albany with his company, thence to New- York and Philadelphia. Being here joined by some other troops he was ordered to Pittsburg, GEN. EATON. 15 where the troops arrived, Oct. 22. He was here hi- trodiiced to Gen. Wayne. Shortly after the troops proceeded down the Ohio, and joined the army at Legionville. In March 1793 Capt. Eaton had an altercation with the acting Adjutant General, which as it dis- plays much of his hasty and decisive temjier, I shall relate, in his own words. " Sunday, March I7. — General Review. — In consequence of a deficiency of field oflBcers, I com- manded the left column of the army. In the course of the maneuvres, the General ordered my column, which I had formed in two lines afront, and cover for an attack in front, to form the line in the flank by facing the lines to the left, and wheeling by files to tlie right. This brought my flank platoons and music in the centre ; the centre on the flanks, and my rear rank in front. When the tiring ceased — the Acting Adjutant General gave orders to take up the line of march, and return in the same order as we marched on the ground^ which Avas by files from the right, counter- march — I immediately ordered the two wings to countermarch from the left and centre, which was the only possible method of bringing them to their proper order. — The Adj. Gen. observing this, and not knowing the position of the column, counter- manded his own order, by ordering me to counter- march by the left — I was positively right, and was confident that I was bringing the column in the posi- tion which he himself wished — and consequently continued my march — When I had brought the head of the column to its proper position — B. the Adj. Gen. met me, and in presence of the General taxed me with having disobeyed a positive general order. I told him I positively had not, but was right — A short, but pointed contradiction ensued — B. threat- ened to make me repent my conduct — I challenged him to do it — This irritated his rage, he advanced on lierseback towards me with his lifted sword — I met 16 LIFE OF bis advance with my espoiitoon — The General em- phatically observed that this w^s no place to alter- cate, and ordered the march to continue — I prompt- ly obeyed. When the Legion returned to the grand parade and vi^ere dismissed — I wrote B. a challenge as follows — Legionvilhy iyth March, 5 o'clock, P. M. Sir, I am to understand — and am to b& understood by Capt. Butler. EATON. The Acting Mj. Gen. This billet was honored by my friend, Captain Slough, on r2ception of which B. pledged his honor that I should hear from him. The next morning, lie wrote me the following an- swer. 18^/i March, 1793. Sir, I received your note hy Capt. Slough, and had wrote last evening in answer frf it be possible to an- swer one so equivocal: J hoivever, ere I had quite fin- ished, company came in and prevented me. On a review of the contents this morning, least any illnat- ured person should put wrong constructions, I ivill first make you this proposal, that as I feel mijself ex- ceedingly aggrieved in your conduct of yesterday, ice will take the opportunity of a general explanation in the presence of the gentlemen who commanded in your column, and who must generally understand what passed, and the cause — Should this explanation not prove satisfactory, you shall be apprized of my further intentions — You can name the place if you please ; and let me knoiv. Tours, 8Cc. E. BUTLER. Capt. Wm. Eaton. GEX. EATON. 17 To which I wrote— Monday Evening, iSth March. Sir, - With plea sure Iivaiton you in company with the s^entlcmen of my column— Please, Sir, name the time and place, EATON. Ckipt. Butler, Acting Jldj. Gen. In return of which I r(!Coived the following. iSth March, 1793. SiRj Having received your note o^' acquiescence, I have appointed Capt. Price's hut as the place of meeting, f shall endeavor to attend there in one hour. Monday, half past 6 o^clock, P. M. , E. BUTLER. Cajjt. Eaton. Accordingly we met — I observed to the gentle- men that I had come there in consequence of Capt. Butler's request, who had called on them to attend, and that I expected lie would suggest his business to them. Tliis he did^ by a statement of a number of questions ; and we retired. Soon the gentlemen requested our attendance, and exhibited their opinion as follows. '' The referees, to determine the diiference be- tween Captains Butler and Eaton, are of opinion that however wrong Capt. Eaton was, in the first in- stance, Capt. Butler was equally if not more so in the second : and as they were both mifortunate in being culpable, so it is incumbent on both to come forward and bury the matter in oblivion, by again renewing their former friendship. BENJAMIN PRICE, Capt. ^th S. Leg. President. March 18, '93, To thiij opinion Capt. B. conceded, and offered me his hand. I observed that I would ever sacri- fice my own to the oiiinion of niY friends : iwid ac- cepted it'*' 8 IS LIFE OF On the 5ih of May the army arrived at Cincinati, Eaton thus described the Ohio and its banks. ^' During the last three days of onr desoeirt, the eircumstance of my having been detailed for the year guard^ gave me a very considerable advantage of the officers who were attached to the line — I took my own time to progress^ and my own method of ob- servation so far as was , consistent w itli my orders. Never was my eye so much delighted with the rude uncultured grandeur of nature. A description of the banks of the Ohio mocks, or can but ape reality. Creography has never yet done justice to the subject. For more than two hundred miles I saw not a hill incapable of culture. All so far as eye can ken is a fertile bottom variegated with gentle rises. The rank and rapid growth of vegetation, and the prodig- ious weight of timber, demonstrate the natural luxu- riance of the soil. The sycamore, the elm, the beach, the aspin, the hicory, the walnut, and the maple, or sugar tree, are large beyond credibility. The trees even at this early season, were in full foli- age. The herbage which covered the surface of the bottom, was nearly two feet high. I frequently walked the bottom, with two faithful soldiers of my guard, oLe of vvhom was an active Canadian, till I found myself almost insensibly strayed two or three miles from my boat. The soil continued the same. These little excursions, or ratlier eccentricities, were on the Indian side of the river. The tracks of dear, bear and buffaloes, were extremely plenty, and here and there a mokasin. I sav/ none of the animals ; the noise of the preceding army had pro])ably frighted them from the sliore. , After all which can be said of its banks little can be said of the river. It is the most capricious stream I ever saw. However incredible, true it is, tl\at its Avaters frequently rise in tlie freshes from ten to fifteen feet in one night, and fall again in a very few days. Its current is rapid, at the rate of five miles an hour in time of the freshes ; consequently GEN. EATON. 19 tiie unwieldy boats which float down, never ascend. Keel bottom boats and canoes are rowed against the current, but Avith considerable labor, I am no friend to the first." In August, an Ensign by tlie name of Morgan, was tried by a Court Martial, on charges exhibited by Gren. St. Clair, and cashiered. Eaton thus records the names of the Court, and their subsequent fate a short time after. " Brisadier Gen. Thomas Posey, President — Ke- signed and dead. Majors. D. Resigned and dead. H. .Damned by brandy. Captains. P. Dead per do. P. Dead. Eaton. At Tunis. P. Damned by brandy. M. Dead. F. Dead. P. Dead. J . Damned ])y brandy. Campbell. Killed." Such is the disgust with which men view the im- prudence and vices of others ; so confident too of never immitating their examples : Yet, seen too oft, familiar to the face, We first endure, then pity, then embrace. Capt. Eaton continued with the western army till February 1794, when he obtained leave of ab- sence. During this time he was engaged in various skirmishes and scouting parties, and assisted in the erection of Fort Recovery. The following is the character which he gives of Gen. Wayne, written about the year 1795. " He is firm in constitution as in resolution ; — industrious, indefatigable, determined and persever- ing ; — fixed in opinion, and unbiased in judgment ;— not over accessible ; but studious to reward merit. He is a rock against which the waves of calumny so -iJl-'E OF and malice, moved by the gust of passions natiu-ai t« envy, have dashed — have washed its sides. He is still immoveable on his base — He is in some degree susceptible of adulation, as is every man who has an honest thirst for military fame — He endures fatigue and hardship Avith a fortitude uncommon to men of his years. I have seen liim in the most severe night of the winter of 'Q% sleep on the ground like his fel- low soldier; and walk around his camp at four in the morning, with the vigilance of a sentinel.'' "^ His manners are austere and forbidding, but Jiis heart is susceptible of the finest feelings of sensibil- ity. WJien in danger, he is in his element ; and never shows to so good advantage, as when leading a charge. His name is better in an action, or in an enemy's country, than a brigade of undisciplined levies." After spending a few weeks in Philadelphia, he returned to Brimiield. In June, by request from the war office, he engaged in recruiting at Springfield ; the (Secretary at War, Oifering him liis option, to at- tend to tlic recruiting service, or to return to the ar- my at the westward. In this service he remained till October 1/95? when he received orders to inarch to Georgia. He arrived v/ith his troops in Philadel- phia, and on the 1st of December embarked thence for Georgia. On the night of the 13th, arose a most violent storm of rain, hail, tlumder and liglitning; which is thus described in a letter to Mrs. Eaton, Hoarse thro' tljc corciagc growlcc' the llircaicning blast, Portcnteous of the slonn. The expanse of Heaven, O'ercast witii murky columns, seemed convulsed With one wide visie of elemental v/ar. From every point, ah^ng the boundini; surjjes, Rolled the black phalanx of electric fluid, Born on the pinions of tiie maddenin,:^ storm. Ocean oppressed, and shrinking from the alarm, Rushed from the deep with agonizing pangs, And urged, in vain, precipitate retreat. Dowr, rushed the glaring tempest, rain and hail, In winding torrents closed, and the vast space GEX. EATON. 31 Of sea and air seemed one promiscuous deluge. Blue streams of angling sulphur blazed around, Transforming midnight to the fire of day, Reserving all her horrors. Peals on peals Burst from the flaming batteries of heaven, And nought but horror stalked along the gloorn. Deep plunged the tortured brig beneath the gulph, Them bounding o'er the waves, along the skies Inveloped in the storm, wrapt herbroad decks Amidst the lightning's soursc ; then plunged again Beneath the breaking surges. All the while The hardened sailor and as hardened soldier, Dispairing and forlorn, saught tlial dernier And natural resort from danger, prayer. The shrieks of female terror, and the cries Of infant fear, spoke uniform distraction : -^ And each articulation plead for mercy : As if the God creative had forgotten His attributes of kindness. Eight gloomy hours we plunged in dread suspence : Fear and amazement occupied the soid, And hope was almost exiled : till at length Breathed the soft spirit of our gentler fate. Wafting the lightning's vapor through the skies, Silenced the distant murm 'rings of the thunder. And soothed the angry surface of the deep. Once more the prince of day smiled from the east, And each glad heart to a relenting heaven Tendered the silent gratitude of praise." On the 26tli he arrived at SavannaLj and on the 30th at St Mary's. He reported himself to the offi- cer commanding at that station, Lieut. Col. Henry Graither ; and took the command of a detachment of 160 soldiers from Virginia, whose commanding of- ficer was Capt. Tinsley ; making in the whole num- ber of troops on that station, about 300. The erection of a fort at Colerain, on the St. Ma~ ry*s, had been determined, and to this, immediate at- tention was paid by Capt. Eaton, though he had strong objections to the ground, being low, marshy and unhealthy. This fortification he called Fort Pickering ; " not however," says he, ** that I might satirize a good mail by erecting his monument in LIFE or I' In May arrived three Commissioners of the U. S. deputed to make a treaty witli tlie Creek Indians, who had long been exceedingly troublesome on the frontiers of Georgia. This was effected the last of June. The objects of the force at St. Mary's were, the establishment of a trading factory on its waters, and a military force ; to overawe the Indians or arrest the.a if necessary ; to keep the Spaniards in check, who had been represented unfriendly ; and to pre- vent a,ny disorderly conduct of the citizens of Geor- gia towards the inhabitants of Florida. The prin- ciple object however had regard to the Indians ; which oljject was in a great measure obtained by the treaty made between the commissioners and the Creeks. A misunderstanding had for some months existed between Capt. Eaton, and Col. Gaither, and other officers ; and in August, Eaton was arrested and tried by a Court Martial. As a laborious attempt was made by Col. Burr, during his trial at Richmond, to destroy the credibil- ity and even the competency of Eaton's testimony, on account of the charges at this time brought against him ; and as some of his friends may have entertained unfavorable suspicions from the circumstance of his having undergone a trial ; it is proper that some statement of it should be made. The following let- ter, though long, it is hoped will not be tedious ; as it certainly exhibits no unfavorable specimen of his talents as a pleader, as well as eloquence as a writer. It is addressed to the secretary at war. Fort Piclcering, iSth Sejpt. 1796. Sir, Constrained by the injuries I suffer, I assume the honor of addressing you on a subject not less painful to me than I am sure, it will be unwelcome — Since my arrival and first acquaintance with the Commandant of the federal troops in Georgia, I have GEN. EA.TON. S3 been apprised of his disposition to embarrass me — My friends say it was in consequence of my com^ mand ; but I believe his animosity may be traced to other sources. I reported to him from Savannah S6th, Dec. and from St. Mary's 30th, inclosing a copy of your instructions. On his arrival here in Feb- ruary I submitted to him all arrangements I had either made or contemplated : with these he affected to acquiesce, and even condescended to compliment my exertions — But the mask was soon thrown off;, and 1 found myself placed between his animosity and my own duty. I continued to consult him — but his orders he always, except in a few instances, dictated to me verbally — I found his memory treacherous, and remonstrated against this sort of discipline, but with- out effect. For obedience of these orders I have in some instances been reprimanded and in one charged with criminality. This with other charges I shall take the liberty to annex to this letter, with a copy of my defence. The proceedings of the court will undoubtedly be forwarded to the war office ac- cording to law, from which it may be determined whether the prosecution has been actuated by public or sinister views. However the command assigned me may have in.^ fluenced the resentment of the commandant, there are other more ostensible causes ; some of which I beg leave to suggest — He holds lands in the Yazoo purchases. — On his arrival and first introduction he offered me a bargain of 500,000 acres, I think, at 35,000 dollars, not supposing I had informed my- self of the invalidity of the title — I acknowledge I humored his proposal to try tlie extent of his candor;, but at length I dropped the subject of the bargain, and candidly reprobated the manner in which the grants were obtained ; at the same time observing that I would not thank a man for an opportunity of specu- lating on the credulity of ignorance, and at the ex- pence of justice. ;^1 LIFE or He is»au allied IViciul to a man who owns large tracts of land in the vicinity of this post, I have, not hesitated to censure the speculative views which must have induced tlie proprietor to recommend this fjs a military post, or proper position for the tradins; factory — Such have been my reports to the Wal- Office — This had added fuel to the blaze already kindled to consume me. But I have dealt uprightly on this subject. The resentment of no man shall warp my sentiments from that which I believe is due to truth and my duty. A post never should have been established here. The vast extent of nuasliy and low country, retaining the w^ater on its surface, and the putrefaction of a\\ vegetable sub- stances Avhich fall from the trees, or are produced from the soil, impregnate the air with miasmata des- tructive to health. The country cannot be washed with rains ; the water Avhich falls must principally go oiF by evaporation. This produces a great de-. gice of humidity in the air ; this is evidenced by the chill which immediately succeeds the absence of the sunbeams, the amazing swarms of musquetoes and other insects which fill the air ^ and the numerous small frogs which even get into the chambers and garrets of houses ; the propensity of all metals to corrode when exposed to the air, and the sallow, sickly complexion of the inhabitants, who are settled upon the low bluffs and ridges — The latter, I recol- lect, made forceable impressions upon the feelings of Mr. Clymer and General Pickens, with whom I did myself the honor to visit a settlement in this vi- cinity in June last. This miasmata, with which thf'. air is continually more or less impregnated, although it may not be so poisonous as to produce contagious diseases, insensibly preys upon the, human system, and in a short time produces sensible effects — The countenances from northern climates, and hilly countries, which are llorid and healthful, on being placed a few months in this low ground, become pal- lid, and the system enervated. This is visible in the GEN. EATON. 25 troops who cafiie out with me from the northward^ and the citizens who have lived in the upper counties of this and other southern States^ — The seaboard is healthy ; but I venture to assert, even if it should finish the destruction of my reputation, which has been so hopefully contemplated, that there is but one eligible military position from the mouth to the source of this river, and this is Trader's Hill. For the jus- tice of this remark I beg leave to refer to General Pickens and Col. Hawkins, with both of whom I had the honor to reconnoiter that position, and with the latter the whole extent of country quite to the Indian line. It has been insinuated that I am inter- ested in mentioning Trader's Hill. I solemnly declare I never owned, nor have I in contemplation to own, a foot of land in the state of Georgia — were this oth- erwise, and the insinuation true, still would my re- ports remain on the rock of truth. The representa- tions which have been made to recommend this post have been wrapped up in speculation. I do not be- lieve the country in its vicinity can ever be success- fully settled. The children born in its neighbor- hood seldom arrive to adult age. Soon after they leave the breast they assume the complexion before described, and insensibly mature to the grave. The few inhabitants who are settled here and there, beneath the pines, have either been seduced by a dream of fortune, or have escaped fromtiie discipline of law, or the prosecution of catholic jealousy. But at this moment the surface of the country in this vi- cinity for many miles, except here and there a bluff or ridge, is inundated — I cannot but consider it a prodigality of human life and happiness to sacrifice them to individual interest. Observations of this kind placed me as a target for a formidable coali- tion. Other circumstances, combined with these, have tended to precipitate the storm : some of which are delineated in my defence. I have frequently said I thought Mr. Price an improper person to be employed at the head of the trading factory. The 4 S(j LIFE OF moroseness of his disposition, wliicli is so plainly de- picted in liis countenance, and which exhibits itself on all occasions of the least perplexity, I believe v/ould^ and did disgust many of the Indians and tra- ders. From this circumstance I have frequently in- vited both Indians and traders to my quarters and entertained them, who were dissatisfied with the man- ners of the factor. These people want much atten- tion, and are as jealous of neglect as people in the refined walks of life. It was my study that they should imagine nothing of the kind from me. By these means I found them growing attached to me and the troops, whom they call Gen. Washington's men. If I have not rendered my country a service by these little sacrifices, I have at least studied to do it. But as nothing can be seen in its true color by a jaundiced eye, so neither was this conduct of mine. My particular attention to these people was construed into an interference with the trading department; and the resentment which this and oth- er tilings, hereafter mentioned, excited in the factor, added an auxiliary to the coalition. On intimation of what was carrying on, I twice, by letter, solicited of the commandant a court of en- quiry ; and repeatedly by verbal request. My first application by writing he totally neglected ; my last he equivocally answered and evaded. My ver- bal requisitions were ahvays procrastinated ; hence I saw nothing but my removal from command could eftect the object of the allies, and I reconciled myself to the process. On the 5th Aug. I received a letter from the Commandant, from wiiich I extract : " You will make out a return of all public stores which yon received in Philadelphia, previous to yonr sailing to Georgia : also all ordnan«e and public stores of eve- ry kind whatever which you have received since you arrived in Georgia, noting" all issues and expen- ditures ; the month for which you have signed ab- stracts, and the amount of each abstract ; and deliv- GEX. EATON. ^ '^i er the same to Major Freeman, two days after your reaeipt of this/' This order I executed with as much accuracy as the time prescribed admitted. On the 7th, I receiv- ed the following from Major Freeman. '^ I have to inform you that in obedience to the orders of Lieut. Col. Commandant Gaithcr, commanding officer of the Federal troops in Georgia, dated F. S. Tamma- ny, on the 3d. instant, I do this day take upon ray- self the command of the troops in garrison at this post. The folloAv ing is an extract from the aforesaid order. " It is my request that on your arrival at Colerain you should take upon yourself the com- mand of the troops at that post." You will therefore direct, &c. This order of the Lieut. Col. was inforced by his verbal order that, if I should refuse to give up the command, the Major should put me in irons ! High sense of military privilege ! From this, however, he was dissuaded by the argument of the Major; and of it I was never informed till since mv trial. 1 gave up the command agreeably to the above or- der ; and on the 17th, received from the hand of the officer of tlie day, an arrest in the handwriting and signature of Colonel Gaither, containing the charges, which I beg leave to copy in their order in the fol- lowing defence. Gentlemen, If I were capable of adulation, and believed yon susceptible of the charm, I would not, on this occa- sion, put myself behind that shield of guilt : for I stand not here to solicit favors, but to demand justice. Your candor I believe will be measured by the lat- ter, your resolution steeled against the former ; and your understanding placed oa the watchtower of truth, to direct your decision ; at the same time that it will stamp correction upon any improper shades, S8 LIFE OF or colorings, which the interest I feel in that decision may induce me to cast upon the process. Persuaded I am the court have already grown wea- ry in the tedious investigation of the charges exhibit- ed against me, and I could not a moment draw on your further patience, did I not consider it an obli- gation due to my own reputation. Some observations on the evidence before you, ap- plied to the charges, shall introduce my defence. 1st. I am charged Avith " Speculating on my men with nankeens at sundry times ; and other things." I believe you will find that I never but in one in- stance had any dealings with the men of my compa- ny in nankeens ; that I did, by unanimous and vol- untary agreement of the company, furnish them with a uniform of nankeen short coats ; that they agreed to receive them at any price short of two dollars and fifty cents ; and that, on settlement, two dollars only were charged for each coat. The best evidence of which the nature of the case would admit, has un- doubtedly been produced on the part of the United States in substantiation of this charge ; yet on a cal- culation which the court will make, rests the ques- tion, whether in this article I have intended to profit by the provision made my company. Nothing has appeared to show that the price was unreasonable. Sallyer, a foreman of the taylors, has sworn, that just such coats in Philadelphia, would cost three dollars, or at least two dollars and three quarters. At the lowest rate then, the men save seventy five cents by my speculation. The factor, Mr. Price, it appears, did sell one piece of nankeen to Captain Nickols at one dollar and twenty five cents, and said it was tlie price he gave in Philadelphia. This may be tru€. But was the Factor, Mr. Price, on oatli when he made this declaration ? Will this court ad- mit the cursory observation of a man out of court, and not on oatli, to be a criteiion to determine the price current of nankeens in Philadelphia, even GEN. EATON. Jl9 when no respect is had to the time of purchase ? On no principle can evidence of this sort be admitted ! , It appears from the testimony of witnesses that the few pieces which Mr. Price disposed of here, this one piece excepted, were sold at one and an half dollar — These were brought out in the same ves- sel of the United States with those in question, and sold by a man in the service and pay of govern- ment — undoubtly he would not speculate on them. Nankeens have at St. Mary's, all this season, I be- lieve, been sold at one dollar and seventy five cents. Doctor Gillasspy has informed the court that he was asked one dollar and fifty cents for nankeens in the city of New York. It is well known that goods of this kind are cheaper in that metropolis than in Phila- delphia — At an early period I informed the court that those nankeens were procured for me by a mer- chant taylor in Philadelphia. I did not take a bill ; nor do I recollect the exact price I gave, but believe it was about one dollar and an half. In addition to the making, binding and other trimming, which were brought into calculation, ought to be reckoned the subsistence whicli the taylors daily had in my fam- ily extra to their rations. I acknowledge it is not in my power to make an exact calculation to a fraction ; but from an estimate which was made by Mr. M'Call the paymaster, and myself, it was concluded that two dollars was a reasonable price to fix to the coats. I had been previously informed by the taylors of the price they gave for the binding and other trimmings, as testified by Sallyer, and made my calculations ac- cordingly. The general satisfaction of tlie men evince that they feel no injury ; and it is demonstrat- ed that the measure of receiving them and paying for them was not compulsory. The climate and season of the year, were my reasons for recommending the uniform. I had previously consulted the Lieut. Col. Commandant, and informed him of the price, a- bout two and an lialf or two dollars ; he approved the plan. If justice is done me a more favorable 30 LIFE OF eonstruefcioii will be applied to my conduct in this affair, and it will be found that humanity rather than avarice actuated my proceeding. I do candidly be- lieve if every thing which ought were brought into the calculation, I have not saved my expences. Sure I am it would require a microscopic eye to count my profit. No evidence appears, even presumptive, to substantiate this charge ; if corgecture should be hazzarded on the question, it will go in favor of the defence, for such are the maxims of law and indi- vidual right. .The " other things," mentioned in the charge, it seems, must have intended a partnership with a citi- zen in settling with the troops. That I sold Mr. Hampton eighty pieces of nankeen, bought at ven- due, at a profit of 25 per cent, is true ; but that I was interested directly, or indirectly in the profit he should make in retailing them, or that I had the most distant idea of any of the troops purchasing them, is not true. His inducement to buy, he told me, was to supply the country people who would attend the trea- ty. The troops at that time had no money, and no immediate probability of any being paid them. It is well knoAvn that tlieir pay was eight months in arrear before they received it for the months of November and December, 1795? and that no order for muster for those months was given until the tenth of June of the current year. . This circumstance, in addition to the wretched quality of the rice, substituted for bread, rendered the situation of the troops extremely disagreeable. I ^ave my company a permit to trade with Mr. Hamp- xon. Their necessities produced this. Their dis- tresses gave them a plea to that indulgence. Hu- manity acknowledged the claim they had upon my duty to comply with their repeated solicitations. This I did under such restrictions as I have shown the court. Sugar and molasses were articles they most wanted to qualify their bad rice. They were under no obligation to take any thing : but were at GEN. EATOST. Sjt liberty to take little or more value short of four dol- lars, or one months pay ; and if they purchased nan- keens I had no more interest in it than if they had purchased amours. Was it speculation on my men to sell to a citizen the nankeens I had no use for, at a moderate profit ? It is a novel and hard case, if a man because he wears a particolored coat, may not be allowed, in his dealings with citizens, the common privileges of a citizen ! Were either of us disposed to sell our riding horse, should we feel ourselves confined to our bill of sale for the minute price to fix upon ? 1 fancy no^ ! The evidence produced to show my copartnersl ip with Mr. Hampton is so diametrically opposite to the object, that I think no comment need be expend- ed upon it. I do not believe, gentlemen, that you will find I have " speculated on my men in nankeens at sun- dry times ; and other things — " I" am charged 2dly of " detaining in my hands the bounty money due my soldiers, which I received in Philadelphia, and paying them off in small goods at an advanced price. '^ It is an unpleasant thing to awaken misfortune, by commenting on its ills — It is enough *that reflection will sometimes point to it, in spite of reason and phi- losophy. I leave the first article of this charge to such disquisition, gentlemen, as you shall think proper to make : only observing that the cause of the second necessarily grew out of the event which produced the first ; and hope that this may be admit- ted as a necessary and sutfieient plea in justification of the mode I adopted for payment of the arrearage ©f bounty to part of the men of my company. The court have seen the specific account of the articles, and on estimate of the prices as I supposed they were to be charged to me, and as they were in fact delivered to the men. I believe you can have no doubts but that I receiv- ed the goods with an expectation of paying for them 32 LIFE OF agreeably to that estimate. It was a fortunate cir- ciimstance, however, that long before my bills were presented for payment I obtained a copy of the charg- es as entered in the factor's ledger. On making a further calculation, (for the entries were not as I ex- pected,) I found a balance of twenty one cents and a fraction of a cent due the men, who had taken the ar- ticles mentioned in the bill produced to the court. I did immediately inform the men of this balance, and said it should be paid. On procuring their cap trimmings, some of them were informed that the a- rajunt of the balance of the bounty should go in off- se to tliis charge, so far as it would cover it : but no se tlement has been made with the company on this account. A considerable number of the men were paid cash which 1 borrowed, for the arrearage of their bounty. These had no balance due. I in- formed them that I had expectations of money being allowed for straw due them and that their trimmings should be deducted from this sum, if it should be al- lowed. Here it should be observed that the sum m as^ estimated at the price stated in the bill, because it was to be returned. I think it appears from the tes- timony of sundry witnesses, that the same liquor, which stands charged to me in the entries, at one dollar and thirty four cents, was afterwards retailed to the soldiers of this garrison, for two dollars per gallon. Whether this is a speculation upon the sol - diery of which the United States, or their factor, reap the benefit, or whether the accounts of the factory are rendered from the entries or from the actual sales, are questions which may form matter for future enquiry. The while thread has not been brought into tlie ac- count, not being charged in tlie factor's boolc, al- thougli it appears from the testimony of the men that they did receive it. This mode of payment was the best, and indeed the only one I could hit upon. The men were volunteers in accepting it, and, I believe, were per- fectly (Batisfied before I reported a balance. Many GEN. EATON. 33 of them have been before the courts caiid all acknowl- edge their entire satisfaction, except Mr. Mickin, who imagines he did not receive his full quantity of some of the sargeants. He may have forgotten : he is capable of it. Had I not paid the bounty I should undoubtedly have been involved ; perhaps not more seriously than I am from the steps I have taken to avoid it. If my object had been speculation, or profit, is it probable I would have informed my men of a bal- ance when I knew them satisfied, and had no reason to expect that an enquiry would ever be had in the premises ? Instead of profit I have submitted to a loss of twelve dollars from the deficiencies of the con- tents of the cash which I borrowed. Of this I be- lieve the court v/ill be satisfied, and, after mature de- liberation on the evidence adduced in this charge, will find my conduct justifiable. I am charged 3dly, of " Selling public corn ; and allowing the public horses only two quarts per day." The necessity of procuring this substitute for bread, the manner of its being brought to the garri- son, on the backs of the men, in rainy weather, and the condition it was in, when stored, have been clearly shewed to the court. That it was in a per- ishable condition when I proposed to the Command- ant this method of saving the property, is likewise demonstrated. Had I silently suffered it to spoil, and it had been concluded the propei'ty of the Unit- ed States, I should have been subject to arrest and trial in the fifth article of the twelfth section of the rules and articles of war. This dilemma put me. on projects to secure it. Shifting and sunning had little effect, and the probability was, that it would spoil on my hands. I therefore concluded that it would be prudence to dispose of as much of it as possible to the citizens in this vicinity, who were much distressed for bread. By the concession I made to the court of having sold public corn, ii 5 €J4 LIFK OF should net be understood knowing it to be the prop- erty of the United States, nor without authority 5 thus I explained myself to the court the next day, I was at loss wliether to consider myself accounta- ble to tlie United States, or to an individual State, or whether in my official or private capacity. Thus I frequently expressed my doubts to gentlemen ; and until the testimony of Capt. Randolph was heard, which produced certain papers from the late con- tractor's agent, William Johnson, I was induced to believe the corn the property of the State of Georgia. This, however, I knovr did not exonerate me from accountability, but embarrassed me in the mode of settlement ; leaving me altogether uninformed Avheth- er to charge or credit the United States. Had my views he&n fraudulent or speculative, is it probable I would have consulted the Lieut. Col. Commandant on the subject ? Or that I Avould have transacted the business through an acting quartermaster in an open and conspicuous manner ? And had the Lieut, Col. Commandant not thought the measure eco- nomical, is it probable he would have sanctioned it by his approbation ? Had my motive been individual interest, is it probable I could have borrowed corn on my own credit to replace the damaged corn dispos- ed of, and to furnish the horses, entitled to forage^ with corn of a better quality ? Only twenty iive bushels were reported to me sold, until the commencement of this trial. For twen- ty one bushels of this I received two beeves, a cow and a two year old. These were sold to the con- tractor and issued to the troops. They neated tM en- ty three or four dollars. This sum I received to pay for or replace tlie corn sold. For four bushels sold before the corn became materially damaged, I re- ceived six dollars : amounting in all to about thirty dollars. I have paid for nineteen bushels of corn borrowed at 1). 1 25 cents. Sixteen bushels of this liave been issued to the public horses, and three to ^he paymaster's. On settling with Doctor Gillasspy GEN. EATON. ^ SS and the paymaster for a month's forage, six bushels appeared due them ; this deficiency I paid up at the same price. My account of profit on the sale of corn stands thus — 25 bush, sold Bol. 30 S5 do. replaced 31 25 The sales for which Ensign Thompson is account- able are six bushels ; and for this he will account on demand. The residue of the hundred bushels has been issued, some part to the troops, the rest to pub- lic horses. I have always been solicitous to be instructed in a proper mode of settlement, and on all occasions liave spoken openly on the facts. My conduct was au- thorized by proper authority : and why this article should appear as a charge can only l)e solved into the forge tfulness of infirm old age. That I ever limited the public horses to any quantity short of four quarts is not true. I believe the court will justify my conduct in this aifair. I am charged 4thly, with "Disobedience of or., ders." This alludes to the order of the Commandant of 24th of May last, relative to the exchange of cer- tain men. I did not at that time charge myself with the police of the company ; but did, however, con- sult and advise with the commanding officer on the construction to be applied to the order, and conclud- ed that the word exchange could not extend to the men who joined me by transfer. To this conclusion I was persuaded by an observation of the Command- ant that he meant the men who came out Avith me from Philadelphia, should remain in my company, and his general direction that Captain Tinsley's com- pany and mine should be kept full. TMs construc- tion was ailso supported by the order of the tenth of June relative to the master of the troops. Had we construed the order more extensively, and returned the men who had been transferred, should not I have been subject to arrest for liaving exceeded tJhe literal construction of the order ? 36 LIFE OF A particular object ill the order did not appear to me to be matter of inquiry. If there were a particu- lar objectj as lias been insinuated, and my con- struction did not embrace that object, how easily might an explanation been given by another order or otherwise ! Sure I am, the necessary cor- rection would have been made ; for the execution of the order was left to a gentleman Avhose promptitude in duty has never been questioned. Mr. M'Call lias informed the court that the order was obeyed on its literal construction. I declare I never heard any uneasiness on the subject until it discovered Itself in t're shape before you. If the court should find any other construction in the term exchanged than what we applied, I hope they will nevertheless do me the justice to believe that the one given was such as my own undersand- ing suggested, and tjiis by the consultation of the of- licers of my company ; and will acquit me. I am ciuiiTj'^! .stilly, of " Liberating from confine- ment Corporal Billings, who was charged by a jury of inquest v,'i(;h having been the death of Joshua Haverlones, a private in Captain Dickinson's compa- Tij, from ihe vioience'of the blows he had inflict- ed on him ; and tearing to pieces the charge in a disrespectful contemptuous manner. Corporal Billings has not been a moment released from confinement since the evening on which the cause originated. He remained confined on a charge given by a commissioned officer, until the mittimus of the civil magistrate was put into my hands, and his permission obtained for the removal of the pris- oner. Thus stands the evidence. In justifkation of the removal, I have produced to the court the tes- timony of the magistrate, as also his written certifi- cate, in demonstration of the orders he gave me. The causes of the removal were these. The alarm which possessed the prisoner, in consequence of the mode of his confinement and the imprudent observa- tions which obtained, that he would undoubtedly be GEN. EATON. 37 convicted of murder^ it was feared would have a ten- dency to alarm bim into desertion. I believed no alacrity of the guards would secure binij provided be sliouUl resolve on an escape. Frequent escapes bad liappened before, and one since. My fears were not less founded on tbose cir- cumstances than tbe known persevering disposition of the prisoner. I supposed tbat some sort of assur- ance that his crime could not be found capital, would mitigate bis alarm, and tbat moving bim into my kitchen, under tbe care of two sentinels, where was his wife and infant child would be an act not less hu- mane than prudent, as it might reconcile him to bis con- finement, and secure bim to justice. The place of bis confinement was equally if not more secure in its rear than tbe guard bouse ; and I believed two sen- tries a sufficient guard. Had I taken tiiese steps at my own discretion, my conduct would have been justifiable by law. Billings w as not tlie prisoner of the United States, but of tbe state of Georgia. This appears from tbe mittimus. Notwithstanding be was at first confined by the charge of a military olficei:, tbe mittimus of tbe civil magistrate superceded that charge. The prisoner being then committed to me, as commanding oificer of the garrison, s'hould be con- fined at my discretion. Had my exertions to secure liim proved remissly inefifectual, then should 1 have been amenable to civil law. These are my ideas on this subject, and they are founded in law. But I have shown to the court that I have proceeded in this af- fair agreeably to the instruction of tbe civil magis- trate who committed the prisoner ; and the event has proved that our determination on tlie mode of con- finement was proper. The prisoner did not escape : but was transferred to tbe guard bouse on demand. Where then is the injury, where the necessity of this mighty clamor ? As to matter of contempt in tearing to pieces the original charge, mentioned as an article in this charge^ I do not feel that it deserves a comment. 38 LIFE OF I am charged Ctliiy, of '^ Unjustly defrauding the troops under my command out of rations which were due them, and storing them in the garrison store, which have never heen accounted for to the men." I have conceded that nearly one thousand rations of flour, an arrearage due the troops, were deposited in the public store, and > held as a check Upon a de- mand which tlie contractor had and was determined to prosecute, for the same quantity of damaged and condemned flour destroyed by the troops. This concession appears from the evidence a just state- ment of facts. A moment's explanation might have satisfied a mind disposed to be satisfied : but this transaction afforded plausible matter of charge, and it has been improved ! Exertions have been uiade to substantiate it by introducing a species of evidence unprecedented, singular and mysterious. A note, something in the form of a duebill, for somewhere about two thousand rations, signed by a third person, Avithout the knowledge of myself, has, by the informer, been introduced to this court as a bul- work of proof against which it Avas expected even truth itself could not prevail ! This note smells rank of assassination ! How was it obtained ? Clandes- tinely, and by finesse ! Of whom ? Not of me ; but of an unsuspecting serjeant ! For what use ? Not to recover a real due for the soldier ; but to create an imaginary one to criminate an oflicer ! Was it ever presented me ? No ; not till the confidential person with whom it was deposited, was struck with con- viction of the perfidy of its object ! Hov/ then was it presented ? Secretly ; and with a proposition that I would contaminate my fingers by destroying it ! Was this an artful attempt upon the impetuosity which it would naturally excite in my mind ; or an individual wish that the advantages contemplated to be acquired by the note might be defeated ? This re- mains to me an enigma ! But the note v/as destroyed ! By whom ? Not by me ; but by the person who ob- taiaed it, and contrary to my direction ! Another GEN. EATON. 39 note in all things like unto the first has appeared be- fore this court ! What has it produced in evidence ? Art and subtlety in its projects ; stupidity in its au- thor ; and in its countenance the deepest hue of in- iquity ! These are strictures which naturally arise out of this subject. But notwithstanding this formidable; appearance ; this monster of illegitimate conception ; simple facts have demonstrated that my concession went to the extent of every thing which existed rela- tive to this charge ; and further, that my conduct has not been fraudulent, but equitable. The condemned flour was used by the troops in- discriminately at the time the rations of flour in quest- ion were becoming due. This was done by my ad- vice : but I could not suppose any credit was due the contractor for such sort of provision. On his arrival, however, he made demand of payment for the con- demned flour thus made use of by my direction ; in- sisting that condemning it did not transfer to me a right of destroying it, nor of suffering it to 1 3 destroy- ed ; and declaring that he would recover it of me, either by abstract, or by an action of trespass. The former I refused and he determined on the latter. I had doubts in my own mind whether he could recover against me. The troops were at that time well sup- plied ; and I concluded that to retain the flour in public store, which had become due the troops dur- ing the time of their using the condemned flour, till the question at issue should be determined, or till the contractor should relinquish his idea of bringing his action, would be just and proper ; and that then the issues should be made without respect to the destruc- tion of the condemned flour. These facts have been unequivocally ascertained. Does this look like fraud ? Does it not favor more the complexion of uprightness ? If the contractor has sustained a loss for which damages are recoverable by law, who should be amenable for those damages but the persons who committed the waste, and had the benefit of it ? Had I appropriated the fl.our thus W LIFE OF retained and stored^ to my own use, or any part of H^ then might this charge be supported : But if from the moment of its having been stored it has remained as disputed property, how evident must it be to ev- ery unbiassed mind that the question of right alone held me in suspense respecting its issues ? If I had issued it till this question was determined, how clear- ly w ould an action and a charge lie against me for trespassing on the property of the contractor and where would have been my remedy ? Thus, act as I v/ould, on either side was I liable to embarrassment by arrest both civil and military ; and undoubtedly the patriotic zeal of the day would not have passed the opportunity. But were this transaction viewed in its worst light, still fraud cannot be made out of it. The term im- plies a deceitfully obtaining, and wrongfully apply- ing to ones own use, goods which are the property of another. Has here been any deceit ? Has here been any wrongful application. On the contrary, has not the business been openly conducted ? Have not I always declared facts as they now appear on your proceedings ? And has not the property been as carefully preserved as possible. It must be a strange perversion or rather distortion of terms to stamp the epithet either of injustice or fraud upon the transaction out of which this charge has arisen. I am confident the court will be convinced of this, and that however plausible the pretence for this charge may be, I am not iii fact chargeable with the most distant intention, in this transaction, of wrong- ing an individual, nor the public, but on the contra- ry, so far as possible, disposed to do justice to both. Having gone through with my observations on the proceedings, I beg the court will indulge me in a few remarks, which naturally arise from the pros- ecution, and the circumstances which may have pro- duced it. What influence upon superior rank the circum- stance of my having a particular destination from GEN. EATON. 4?i the Secretary of War may have, I leave to the determ- ination of the more particular acquaintances of the disposition of a man in an elevated station. If this circumstance lias had influence, other circumstances have afforded auxiliaries to the measures which were influenced hy this. On my arrival at St. Mary's, among the troops of Virginia, I found many sick : these had no medical assistance. On board of our brig sailed the Sur- geon's mate. He recommended to take these sick on board of us. I accordingly ordered them on board. This obliged my uoneommissioned officers to resign their births between decks to the sick. The evening of the first of January commenced an incessant rain. At ten at night I went on deck and saw my noncommissioned officers rolled in their blankets and drenched in rain. By consent of the sailing master I ordered them into the cabin to take births' upon boxes, chests and a table. Human- ity dictated this step. The day and night following the storm continued. I again took them into the, cabin. This gave umbrage to the factor of the In- dian trade, J^Ir. Price, who had all the passage occupied a stateroom, and had slept on there the pre- ceding evening. About daybreak, the next morn- ing, moving out of his stateroom and addressing his assistant and a blacksmith, who occupied births in the cabin, he made some unmannerly and iilnatured stric- tures upon this arrangement of mine ; supposing I was asleep. 1 undeceived him ; and attempted to ar- gue him into conciliation, pleading tlie humanity of the measure, and observing that if any gentlemen had reason to complain, they were Capt. Nicoll and Doct. Grillasspy, who slept in the cabin, and not himself, who Avas not incommoded in his lodgings ; that the noncommissioned officers were down after he was in bed, and out before he was up ; and hop- ed thai the sight of a soldier's blanket did not clfepd him. 6 ^B LIFE OF He offended me ! I resented it. Exxjlaiiatioii wr^ liad and the aifair Ijuried, as I supposed, in oblivion : but from that moment I have experienced from that quarter a persecution of resentment which, and in manner which, a man of a liberal mind and open countenance would be ashamed of.. These charges of my arrests were fancied in his counting room, in his own hand writing, as they were accidentally discovered and reported to me the morning after the- secret dispatches- went oiF with them. I believe I may charge that lago of Othello as the proliiic nurse of all the mischief which has been designed against me. At St. Mary's, Captain Tinsley, or Ensign AUin- son, shewed me an appointment of Adjutant which the Captain had made tlie Ensign, which I think I said should be respected so far as my influence would ebtain ; observing at the same time that the appoint- ment of the regimental staff did not rest with platoon officers. The order of the secretary of war required that the eldest subaltern should be left at St. Mary's. Rank determined this command to Ensign Allinson. Soon after my arrival here I ordered a junior Ensign, to do the temporary duty of Adjutant. When Col- onel Gaither arrived, I submitted to him every ar- rangement I had made or contemplated : and at the same time mentioned the appointment first alluded to,, and recommended the sul)altern last alluded to for the appointment of quartermaster. But I received^ for answer, that " no appointments would be made to^ those offices." And the first order for muster, 10th June, coincided with that answer. Consequently things remained as they were. But Ensign Allinson app&ared dissatisfied, and continued so. How far this disappointment might have influenced the feelings of this informer may be conjecturcd. From these and other causes which may be traced I liave long since discovered a disposition in this tripple alliance to embarrp.ss me. And from the proceedings before you, gentlemen, you will be able to discover whethei- my suspicions h^ave been well or ill founded, wheth- GE-N'. EATON. 4g «r this prosecution has for its basis truth or spleen, and whether it was born of patriotism or a less hon- orable parent. With what face can my prosecutor accuse me of a paltry half cent speculation, who, on my arrival mto this state would readily have taken from me thirty five thousand dollars for lands, the titles of Avhieh he knew were in dispute, and believed invalid ; having been obtained by fraud and corruption ? Had I at that moment closed a bargain, and obtained credit for a moiety of that sum, I have good reason to believe I «lioald at this moment be caressed. But unfortu- nately for my peace, I ridiculed the dream of the speculation, and reprobated tiie Yazoo grants. Here •sprung up a new source of resentment : and this was irritated by my remonstrating on the impropriety of being obliged to govern myself by verbal orders, which I found were as conveniently forgotten as given, To this remonstrance I was lead by a convic- tion of the treachery of human memory : but this was treason. If I consulted with gentlemen on the embarrassment of this mode of discipline, it was scandalum inagnatiim. For obedience of verbal or ders, twice have I been indirectly reprimanded : and once for the same crime, an article is added in. the charges of my arrest — (Witness the. third charge.) I have long since discovered how persuaded this man, high in rank, has been that my reputation and future happiness should be sacrificed on the altar of partial- ity. Because I have not v/inked as he winked, and smil- ed when he smiled, acquiesced in the slander which most men suffer from his splenetic disposition, and stooped like a slave when he condescended to lash me, he has been convinced that this sacrifice, s© trifling to a man of my rank, was a necessary one to Ms humor. Can I be silent on this subject? Can the respect I feel for the presence of this court, €hall a tame submission to the caprice of w^eakness and despotism, confine my injuries to the obsequious remedy of supplication ! " I have not .slavish tem= 44 LIFE OF peraiice enough to attend a favorite's heels and catch Lis smiles ; bear an ill office done me to my face, and thank the lord, who wrongs me, for his favor." I reverence virtue, and respectability ; but that accidental consequence which blind fortune attaches to the opposite of these qualities, obtains nothing of me but what rank will not be refused. The perverted construction which has been put on all my measures, and repeated inattention to my re- peated request of a more humane, yet as proper mode of investigating the facts, prove the vindictive temper of this prosecution, and a prepence intention to assassinate my reputation. How often has tlie j^round been shifted, and new^ positions taken since the siege has been laid against my character ! How silently have parallels been drawn and evacuated ! Spies have been sent into my company, and even into my family, to discover, if possible a vulnerable part ! Citizens have been called from their beds, at the dead hour of night, to ascertain facts, whicii were transacted in the center of the area of the fort, by consultation of the officers of the garrison, and order of my prosecutor ! And I am not yet satisfied that an instrument has not been employed to sap my firmness by an artful attempt up- on the excitability of my temper — (Witness the pre- sentment of the note before mentioned.) Yet, instead of a choice of crimes, as the boast has gone out, what deliberate anxiety has been discovered to get hold of any thing which could be distorted into a misprison of criminality. Even my misfortunes have been called up and passed in revicAv Avith a motive, not of commiseration, but to spy out of them some ambiguity, which could be metamorphosed into crimes. If t!ie salvation of a country depended on my fall thei^e might be found an apology for this sin- gular prosecution, but if private animosity is only to be gratified, the means which have been used, and perseverance observed should take another name than :hat of merit. »EN. EATON. 45 Wild must have been the infatuation of the mind to have prevailed on itself to endeavor to distil spec- ulation out of measures which the man himself had recommended, and fraud from an economy which was due to the public and to justice. Who cannot discover, even with but one eye, that other motives than public measures must have actuated this pro- ceeding ! And who does not blush at the ridiculous veil of hypocrisy under which this malevolence is masked ! It is envy in the shape of conscience ! It is however jJossiftZe that misrepresentation has done all this. Whatever may have been the moving cause, I feel that I have suffered. All the poison of my life magnified by a jealous and creative imagination has been scattered before the winds to blast my honor. Had my herald been delighted as much with good as with evil extracts, he could here and there, from my memoirs, have gathered a little of the dews of benevolence and humanity to perfume the bieath of slander : but it is the spider's peculiar quality to ex- tract poison from the same iiower from which the bee will gather honey. When a man only lies under the imputation of malconduct the secret satisfaction which man- kind feel in the misfortunes of their fellow men, in- duces a kind of instinctive credit to the calumny i and common fame is always ready to give it curren- cy. With such as are inclined to relish evil reports, and such there are, slight presumption will be ad- mitted as positive evidence, and every evil thing will be believed. ^^ Tlie grossest sophistry will pass upon men^s understandings w hen used in support of measures to which they are already inclined.''' And good men credit evil reports from a consciousness of the frailty of human nature. Hence, when slander once drops from the invenomed tongue, it more or less obtains credit of all men ; and the reluctance which all men feel at the imputation of guilt, prompt them to shun the sufferins; character through fear of 46 ' LIFE OF feeing suspected accomplices ih bis crimes. Hence an insulted character suffers every inconvenience from the secret whisper of malev;dence, which it can from positive conviction : all the infamy which attaches itself to crimes already consumes his hon- or ; and conviction can add nothing to the sufferings of the man, but the pain or the disgrace of punish- ment. Hence the innocent are as liable to suffer as the guilty ; and hence the dumb significance of a muscle, has frequently the address to blast a reputa- tion. When hatred combines with propensity to distress a character, and power is called in to aid the assault, it imbitters the venom of calumny with the gall of persecution. This I most solemnly feel. What but fortified invidiousness, which could be satiated only by my ruin, could figure to itself, even in imagination, the possibility of my having wronged a soldier ? In all this tedious process, not a single soul has been produced who has even felt dissatisfied with me : nor who would consent that the idea should be recorded. Yet has it been industriously blazoned that I have stooped to injure my soldiers. Is there a soldier in existence, and has served with me, Avho can be made to say this ! Did ever a sick, or an hun- gry, or a distressed soldier represent to me his wants and go away unrelieved ? Not a living soldier can say this : and the dead, if they could declare for me, would testify that my disinterested acts of benevo- lence have always been commensurate M'ith their lives. Is there a man in existence, and is my ac- quaintance, who can say that a single act of all my actions has been stamped with parsimony ? Or who will not rather say that the other extreme has been an error of my life ? My kitcl^en has always been an hospital and an inn for the sick and the distress- ed soldier, and my quarters a caravansary for the stranger. With the utmost truth I can declare, that from almost eight years service in a military capaci- ty, nearly five of which I have received the pay and GtEN. EATON. '4/ emolument of Captain, with the additional emolu- ment some part of the time of Brigade Major, I hav& not saved a single guinea. Yet have I not lived profusely, nor indulged intemperance. Then it cannot be from an overgrown fortune that I am charged with speculation and fraud ! not from extravagance of living ; and not from the complaints- of injured individuals ! What then can it be from ? An invidious wish that it were so ! For the justice of this conclusion, gentlemen, I refer you to the pro-- eeedings before you. The bias which uncontradicted report must have given this court at the commencement of the trials would have alarmed me, were I not persuaded that with every member which compose it, prepossession would give place to facts. It is the province of truth,^ when drawn fj*om her recess, to unmask deception and falshood, and to compose to their natural form the features M^hich jealousy, envy, or a spleeny im- agination had distorted into deformity. But gentlemen, I am growing prolix, and you im- patient. I knf»v you will recollect that you sit here to determine in law and equity, between the United States and myself, on charges in the decision of which my reputation, my future happiness, and that of my family cannot but be involved. I feel that if the most imbittered construction should be applied tt> my conduct as shewn to you from the evidence, it would require the eye of casuistry to extract crim inality from it. I trust aud firmly believe that your decision will be unbiassed and impartial : that compliment to indi- vidual opinion, cliaracter or caprice, will have no in- fluence in your deliberation : and that from the test of truth, you will be able to determine that econo- my tind not speculation ^ that humanity Mid not con- tempt of law nor etiquette, and t\\3it justice and not fraud, have dictated that conduct which has bee© stamped with the impression of criminality. 48 LIFE OF With confidence I rest my cause in the integrity of this court. WM. EATON, Captain oflvfantry. On the seventh instant the proceedings of the eourt were forwarded to the Commandant at St. Ma- ry's. I was there on the trial of Billings, and was informed by a gentleman of the bar, that the Com- mandant disgusted with the decision, had determin- ed to forward the proceedings to his excellency, the President, without acting upon them. In corobora- tion of this information, this day Major Freema|i received an order for the dissolution of the court, but nothing of the decision. For this piece of acci- dental justice I would thank him, had he not in do- ing it laid a necessity of prolonging my confinement within the walls of a fort. I did not believe he would dare show those proceedings where he ever wished to show his face. Every thing is studiously arranged with design to counteract my felicity. It is Mi vain to plead that duty or public good requires this treatment. The former requires not the aid of falshood in its execution, and the latter seldom ac- knowledges itself in debt to meanness and oppression. But I am not the only officer who suffers under this lash of tyranny. His humor is the standard by which his esteem or hatred is measured : and his power deals out to the favorites the natural partiali- ties. Nor does he seem satisfied to confine his influ- ence to individual character. I wish I were not compelled to believe that his misrepresentation has prevented that good understanding which might oth- erwise have been restored to the United States and Georgia. What man in his senses could imagine that Greneral Jackson, who sailed on l)oard a sloop to the treaty, with few more then twenty volunteer infantry, under the command of a subaltern, contem- plated to assume the command at this post ? Every one who knows the General must be satisfied that he GEK. EATOK. Kas better inToBnied military ^eas than to attempt this. Yet the Gomraandant had the address, by pos- itive declaration, to impress the commissioners of the United States with this idea. The consequences have been detailed in public print : the dernier event is to be feared ! But a private pique of long standing was gratified. These things, though they take the prostituted name of federalism, to me appear vastly uncandid. The liberties I am taking may perhaps be considered unwarrantable. Indeed I know, an officer here must confine his ideas, like his person, within the stockades of his post, and shall have kave to think through the organ of a Commandant, provided his ideas keep the channel of his views. I am not made of such stuff : and have never yet been, reduced to feel that the livery of a soldier should smother the light of understanding, or manacle the pinions of reason. If these liberties then siiould be construed into disrespect, I shall charge the misdc= meanor to maxims to which I have always adhered, that rank has no just claims beyond the boundary lines of duty ; that respect is a voluntary attachment to merit, and that no consideration should prevail on a man to veil the face of truth in obsequiousness to any man's humor or interest. If, still sore from the sting of envy, I have dipped my pen in acrimony, I trust the abuse I have suffered will sufficiently apol- ogise for me. If my complaint merits a hearing, re- dress will undoubtedly naturally follow. But if my persecutors should have the address to blast me at this period of life, I shall feel the sad reconciliation that I shall have fallen an early martyr to the dic- tates of truth, duty, and humanity. It has been confidentially said between the two gentlemen most interested in my reports, and over.' heard ; ^^ We must get that Eaton out of the way !'' I truly stand almost alone ; but feel myself never^' theless steadfast. The recruit, an Ensign Allinson who has been employed as an instrument; t© effect '7 30' LIFE OF the project, has generously been offered five hundred acres of land at this post as a pledge of the trust and eonfidence reposed in him. Plans have been well concerted, confidence and secresy have been sacredltf adhered to, and no exertions have been wanting to- excite the patriotic project. But yet I stand, and believe I shall, till my enemies are confounded, and the public shall blush at the depravity of principles which have moved my misfortunes. I am not in- deed tenacious of holding my commission on a peace establishment, and should before this have requested to be placed on the list of derangments ; but to re- tire from service at this crisis would bear an unfavor- able construction. My only anxiety is to leave ser- vice like a soldier. As such I trust I have served,^ and am at all times ready to serve, should my coun- try demand my service. J5ut let not speculation and malice prevail to blast a life and family devoted to the calls of duty and human liappiness. Sincerely do I beg pardon for this intnision : but, my honored Sir, to whom else shall I address my aggrievance ? If your confidence in me has been mis- placed, it cannot, I think, but affect your feelings. And if falshood and cruelty should have the influence to place it in that light, the consequence w ill be the same. I am in possession of some facts, interesting to the public, which I shall bring forward in the proper channel vviien digested, and when my em- barrassments shall be removed. ' These shall show who are patrons of speculation on the public, and who are embarked on the - bottom of truth, who of misrepresentation. I have to request that my command, which has been wantonly and violently v* rested from me, may be restored. My honor is pledged that my eye shall be fixed on the public measures without respect to the feelings of individuals. And when facts are as- certained and the veil removed from the public eye, that justice may be established, I shall then ask l?ave GEN. EATON. 51 to retire from a service iu which an honest man can acquire no other scars than from the shafts of those dark and deadly assassins, envy and selfishness. With 'profound respect, *, / have the honor to remain, Sir, Your most obedient, and very hum- ble servant, William Eaton, Capt, of Infantry. The Honorable Timothy Pickering, Secretary for the department of state, Philadelphia. For some specification of one of these charges Ea- ton was sentenced to invo months suspension from command. That it was of no very criminal nature, appears from the following extracts of letters written by Ensign Thompson, one of the court martial. >^ Our Col. Commandant, who is an ignorant, de- bauched, unprincipled old batchelor, appears willing to sacrifice the purest character to gratify the spleen of his soul. He lias long since been collecting materials to ef- fect the destruction of Captain Dickinson, a man worthy of esteem, and who wears more scars of pat- riotism, acquired in the struggle for American liber- ty, than perhaps any other man in the United States. I was a member of the court martial which tried Cap- tain Dickinson. At this court the ColoneFs want of knowledge, and want of truth, made him lose my esteem ; and in my opinion, forfeited his title to it, from every honest man. His next object was Capt. Eaton, against whom the Colonel's jealousy and envy were awakened, Crom the circumstance of the Capt's having particu- 6g L1FK OF lar command at Coleraiii;, where tiie trading post islioiild be. Captain Eaton's punctuality likewise, in givjng information of the situation of this frontier, was an- other sourcgi of bitterness ; as heretofore, there had seldom been any reports of the kind, not clothed with partiality. This, Col. Gaither might naturally enough imag- ine, might amount to a reflection on him. This must have been his idea : for he commanded Capt. Eaton to make no rejportSf although the Sec- retary of War had given instruction that lie should. From a number of reasons, it was supposed by the Col. and his confederates, that his sacrifice was nec- essary to their reputation : for the party have been heard to say, ^^ We must get rid of this Eaton.'^ Captain Eaton was arrested, notwithstanding he had twice made a written demand for a court of en- quiry, and once verbally. This was his legal right, and this ^\ould have saved much trouble ; as it would have convinced every unprejudiced mind, that the circulation of the reports had no foundation ; and shown that they were raised only from a wish that there were cause of criminality. Enquiry was not to be had. The court martial consisted of five membeis ; one Major who was his inveterate enemy, as he is to every plain dealer ; two Captains, one of whom was aspiring to his com- mand ; the other, though in general looked upon as an honest man, yet knows nothing of law and the nature of evidence, and might perhaps, be as deep in the party, as the prosecutor. All were inferior in rank to Capt. Eaton, except the President. En- sign M'Call was the only person who appeared to me unprejudiced. I was a member of the court my- self ; and although my oath restricts my mentioning the opinion of any particular member, as to the de- cision, yet it is not a violation to say that there was the most ostensible partiality ; and that more anxie- ty and exertion were discovered to give propriety, GE'N. EATON. 5^ duty, and honesty, - the colormgs of their opposites^ than that truth should have its iniluence. The trial was tedious. Upwards of a fortnight we were upon it : and after all was said ; after all that had been collecting for about live months, by the scrutiny of surrounding enemies, and by spies which had been sent into his company and family ; to what did it amount ? It amounted to — wliat I am not at liberty to say, being a member of the court, and a« the sentence is not yet approved of by the Col. Commandant." It appears also from the petition of .John F. Ran- dolph, and twenty nine others, heads of families liv- ing in the vicinity of Colerain, addressed to the War Department, that Capt. Eaton had given great sat- isfaction to the neighborhood, by restraining his sol- diers from plunder : as tlie petitioners, after his re- moval, complain of the ati-ocious conduct of the soldiery, and the acquiescence of the officers, and pray that Eaton may be restored to command. The proceedings of the court martial were sent to Gaither, whose duty it was to decide upon them. As his object was not attained, instead of deciding upon the sentence, he ordered Eaton to be confined within the walls of Fort Pickering, where he was immured upwards of a month ; and sent the pro- ceedings of the court martial to the Secretary at War : and ordered Eaton to the seat of governmeiit, after this long confinement. On arriving at Philadelphia, in December, Capt, Eaton presented himself to the Secretary at War, d.esiring to know what standing he then had. The Secretary informed him that tiie sentence was not confirmed ; and that his standing was not changed In January, 1797? Eaton returned to Brimfield, where he continued till the ensuing summer, when he repaired to Philadelphia, in consequence of general marching orders. In July, he was charged with a confidential com mission from the Secretary of state, to execute the 5^i LIFE OF orders which should be issued by a committee of Congress sitting to procure information relative to the conspiracy of William Blount ; and received orders and a warrant to repair to Ncav York, and arrest Doctor Nicholas Romayne and his papers. This duty was immediately performed. Eaton left Phi- ladelphia on the morning of the 10th July, and se- cured Homayne and his papers, before 3 o'clock the next morning, and brought him to Philadelphia at S o'clock P. M. on the 12th. On his return to Philadelphia, he was appointed Consul to the city and kingdom of Tunis. During the same month he was charged with dis- patches for Mr. Gerry, then in Cambridge, who was about to sail for France ; which were delivered ac- cording to their address. The autumn Eaton spent in Brimfield ; and the winter in a journey to the Ohio ; whence he returned to BrimfieUi in March, 1798 ; where he continued the greater part of his time till Nov. 12th, when, on receiving information from the Secretary of state that the vessels destined to Algiers were ready to de- part, he took leave of his family, and, on the 18th, arrived at Philadelphia. On the 22d of December, Mr. Eaton took leave of the Secretary of state, Mr. Pickering, and went on board the U. S. brig Sophia, Capt. Henry Geddes, commander, bound to Algiers ; in company with the Hero, a ship of 350 tons burden, loaded with naval stores for the Dey of Algiers ; the Has- san Bashaw, an armed brig of 275 tons, mounting eight six pounders, destined to Algiers ; the Skjol- dabrand, a schooner of 250 tons, 16 double fortified four pounders, destined to Algiers ; and the Le la Eisha, of 150 tons, 14 four pounders, also destined to Algiers. All these vessels excepting the Sophia, were to be delivered to the Dey of Algiers, for ar- fearages of stipulation and present dues. GEN. EATON. 5$ James Leander Catlicart^ appointed Consul at Tripoli, and his Lady, took passage in the Sophia witli Mr. Eaton. In the montli of August, 1797^ Joseph Etienne Famin, a French merchant residing at Tunis, agent for the United States there, formed a treaty with the regency of Tunis. This treaty was discussed by the Senate of the United States, in the month of March, 1 798, and ratified, with the exception of the 14th article, which v/as in these words. ♦ br^i^ The Citizens of the United States of America, who shall transport into the kingdom of Tunis the merchandize of their country in the vessels of their nation, shall pay three per cent duty. Such as may be laden by such citizens under a foreign flag com- ing from the United States or elsewhere, shall pay ten per cent duty. Such as may be laden by for- eigners on board of American vessels coming from any place whatever, shall also pay ten per cent dutyi If any Tunisian merchant wishes to carry merchan- dize of his country, under any flag whatever, into the United States of America, and on his own account, he shall pay three per cent duty." It is somewhat surprising that this Mr. Famin, a Frenchman, should have been authorized to make this treaty, at a time when France and the United States had assumed a hostile attitude. His being recommended by Mr. Barlow may however assist in the solution of such an impropriety. If Famin was ignorant of the revenue laws of the United States, he was unfit to negotiate a treaty ; if not ig- norant, the 14tli article discovers a gross violation of duty and propriety. The first object demanding the attention of the two Consuls, Eaton and Cathcart,^ in conjunction with O'Brien, Consul at Algiers, and then there, was an alteration of the 14th article of this treaty : the three Consuls, or any two of them, being authorised to make the adjustment. It was suspected by the government of the U. S, that the latter part of the 14th article might have been LIFE OF ; inserted by Famin with an expectation of deriving for himself great commercial advantages fey opening a direct trade from Tunis to this country : or that the Bey and his chiefs, either aware of the efiPects of the article, or being imformed by Famin, might contrive it as the instrument of obtaining a new sacrifice to their avarice ; expecting it would not be ratified by the United StatesJ; and that the United States, in or- der to get it expunged, would offer the Bey an addi- tional sum of money. But, whatever might have been the motive, the article was inadmissible ; and the consuls were instructed to alter it, so as to place the commerce of the United States with Tunis, and that of Tunis with the United States, on the footing of the commerce of the most favored nation for the time being ; or to insist on its rejection, even though immediate war should be the consequence. Objection was also made by the Senate to some othi er parts of the treaty ; especially the provision that a barrel of gunpowder should be paid the Tunisian government, for the firing of every gun of a Tunisian fort, saluting American armed vessels entering their harbors, ; the number of guns for a salute he^ ing left to the pleasure of those saluting. The following is Mr. Eaton's Letter of Cre- dence. eEN. EATON, 5^ JOHN ADAMS, / PRESIDENT OF the UJ^ITED STATES OF AMERICA. TO the most Illustrious and most Magnifi- tent Prince, the Bey^ who commands the Odgiac of Tunis, the abode ofhaj)j)inesSy and the most honored Ibrahim Dey, and Soliman, .i_^ft of the JanisarieSp and Chief of the Divan and all the Elders of the Odsaiac, ^— Illustrious and Honored !1^riends. SOME difficulties occurring in the terms of the treaty of peace and friendship concluded be- tween the United States and you^ and being de- sirous of removing the same in the most proper manner, I have appointed and given full powei" to our respected citizens, Richard O'Brien, Es- quire, William Eaton, Esquire, and James Le- ander Cathcart, Esquire, to negotiate with yoit for the removal of those difficulties. I therefore request you to receive the said Richard O'Bri- EN, William Eaton and James Leander Cath- cart, or such of them as shall be at Tunis and present you this letter, and to hear and believe the explanations of those difficulties whieli they are directed to lav before vou : and whereupon 8 % LIFE OF they have authority to arrange with you the terms of the treaty^ in a manner compatible with the in- terest and honor of the two nations, by Mhich peace may be continued, commerce established, and the greatest advantages enjoyed on both sides. And may the Infinite God direct our hearts to tliai which is right. Illustrious and Honored Friends. I have appointed the said Willian Eatoj^^ Esquire, to be Consul of the United States, for the city and kingdom of Tunis, to reside at Tu- nis, to watch over the interests of the United States and their citizens. Wherefore, I request you to receive him as their Consul, to. cause him to be duly respected, and to give full credence to what he shall say to you, on behalf of the Unit- ed States, more especially when he shall assure you of their friendship and good will. Given under my hand and the great Seal off the United States of America, at Philadelphia, the twenty first day of December, in the year of our Lord one thousand seven hundred and ninety eight, and the Independence of the United Stfte^ ihe twenty third. JOHN ADAMS. By the President^ Timothy Pickbring, GEN. EATON. 59 On the 9th of February, the Sophia arrived in the bay of Algiers, after a passage of thirty six days from the capes of Delaware. Eaton and Cath- CART waited on O'Brien, Consul General of the Unit- ed States for the Barbary coast, and continued with him till the 2d of March. On the IGth of Februa- ry the armed vessels stipulated to be given the Dey of Algiers, were delivered to the Regency. On the SSnd, Eaton and Cathcart were introduced to the palace. The introduction is thus described by Ea- ton. ^^ Feb. S2, Friday, 13 o''dock, M. admitted to an audience with the Deij. Consuls O'Brien, Cathcart and myself. Captains Geddes, Smith, Penrose, Maley, proceeded from the American house to the court yard of the palace, un- covered our heads, entered the area of the hall, as- cended a winding maze of five flights of stairs, to a narrow, dark entry, leading to a contracted apartment of about 12 by eight feet, the private audience room. Here we took off our shoes ; and, entering the cave, (for so it seemed) with small apertures of light with iron grates, we were shown to a huge, shaggy beast, sitting on his rump, upon a low bench, covered with a cushion of embroidered velvet, with his hind legs gathered up like a taylor, or a bear. On our ap- proach to him, he reached out his fore paw as if to receive something to eat. Our guide exclaimed, ^^ Kiss the Dey's hand ! " The consul general bowed very elegantly, and kissed it ; and we follow- ed his example in succession. The animal seemed at that moment to be in a harmless mode : he grin- ned several times ; but made very little noise. Hav- ing performed this ceremony, and standing a few moments in silent agony, we had leave to take our shoes and other property, and leave the den, without any other injury than the humility of being obliged, in this involuntary manner, to violate the second commandment of God, and offend common decency. 60 LIIE GF Can any man believe that this elevated brute has seven king s of Europe, two republics, and a conti- nent, tributary to him, when his whole naval force is not equal to tv* o line of battle ships ? It is so !" Mr. Eaton's reception at Tunis, and the progress made in adjusting the treaty, cannot better be ex- plained tlian by himself, in his first communication from Tunis, to the Secretary of State. The extracts from this letter will also give the reader some idea of tJie mode of conducting diplomatic concerns on the coast of Barbary, Tiinisy 26th March, 1799. Sir, THE following extract from my journal, being compared and corresponding with Mr. Cath- cart's, will receive his signature, and be forwarded by Capt. Geddes ; and will detail our progress from the moment of leaving Algiers till the finishing of our negociation. March M. Sailed from Algiers for Tunis. Sth. Forced by contrary winds into the bay of Byserte. Went on shore ; and at 3 P. M. dis. patched a courier by land, with the following letter to Signor Azulai, a Hebrew merchant at Tunis. ^* The underwritten envoys, commissioned by the government of the United States of America, to ne- gociate and fix on certain alterations in the Treaty of peace between the Bey of Tunis and said States, on board the American brigantine, Sophia, now riding at anchor in the bay of Biserte, avail themselves of an opportunity of a Courier by land to apprize Signor Solomon Azulai, that, by the first fair wind, they will proceed to Tunis, to enter upon the nego- ciation, and to desire him to provide, with economy, a convenient house, with suitable furniture for their j-eception. They have letters of importance from the house of Bocri and Busuah in Algiers for Signor Azulai : but (ill jin opportunity presents of delivering them with GEN. EATON. ^i their own hand, tliey desire that the purport of this note may be kept a profound secret. Please to accept, 8^c. W. EATON. J. L. CATHCART. This letter, translated into Italian, with its origin- al, was forwarded by a Moor, whom we employe ed the demand of a present for the Bey : repeated that it was the custom of all nations, and made fre- quent reference to the Spaniards. We told him the Bey had not admitted us to the privileges of all other nations ; he ought not there- fore, to expect the same usages from us. He had refused us a salute, except on terms repugnant both to our honor and our interest. He had extorted from us the concession of suffering our merchantmen to be pressed into his service. And he has exacted threefold the duty in his ports, which he had received So Lit'K Ol* from any other nation. He had therefore less pretext to claim of us the same considerations. At any rate, we should make no stipulation of this kind. The nogociation was closed. This was entering upon a new negociation which neither our instructions nor inclination led us to enter upon. Mr. Famin said he had intimated the thing to Mr. Barlow, who had instructed him to make the necessary provision to meet this demand. Doubt- ed. He said he had the letter. We told him he had mentioned this circumstance in the palace on Saturday, and promised to produce the document. Two days had elapsed but he had omitted it. We believed nothing of this was ever intimated to our government : and we were well persuaded they would not yield to it. " Then/' said the Sapitapa, " you may write your government that you have a truce but not a peace with Tunis. We told him, if peace depended on admitting these claims, we were ready to make the communication he dictated. He blustered : threv/ down his papers in an aifected rage : used menace : come again to the subject, and produced a note, containing an invoice of the articles given by Spain. We refused to see it. He urged it upon us. We said the Bey had no longer ago than yesterday, received a present. He said that was a co7?.^M/ar present, and had no relation to the usages of raising the flag. Asked if we wanted a long peace. Said, if we did, it must be on liberal terms. We answered, that we expected the peace would continue as long as it would be found conven- ient : the sapie, whether we paid more or less. He blustered again, and again menaced us with war, in case the demand was not complied with. We took the note, told him we would forward it to our gov- ernment, but assured him they would pay no atten lion to it. In tliis affair, M. Famin has betrayed his real character. He is manifestly in the interest of the court, and prepared to countenance all their pr(>jecti GEN. EATON. §1 of plunder : but this may arise as much from a spirit of dependence as selfishness. Wednesday. 27th. Received the following note from the Secretary of State^ dictated by tlie Sapi- tapa. " I write to you in the name of Sidi Joseph, so far as relates to my subject. Sidi Joseph says it is the usance of this regency, wlien tlie articles are changed, to give the customary usances to the Secre- tary and to the Sapitapa : and also, if it is written out an hundred times ^ it is necessary to give the same usance as at the first time. I have the honor, 8Cc. fSignedJ M. STTJ^C.V' Dated at the jjalace, 27th March. Friday, 29th March. Wrote the Sapitapa as fol- lows. ^ Day before yesterday I received a note from the Secretary, Mr. Stinca,'^informing me that so often as a treaty is written out or altered, the cus- tomary presents are given to the keeper of the seal and the Secretary. It would be agreeable to me to be informed what these presents are. I hope it will be considered t}iat the treaty, till now. could never be considered complete ; and that the presents al- ready g iven have been in anticipation of this event. This being the case, the demand for presents does not bear witli it that appearance of propriety, as it would in case there had been a rupture between ihe parties, and the treaty renewed. I am, at present, un- prepared to meet a demand of this nature : but if I find the custom established and formed in equity, provision shall be made for it. Candor and duty, demand of me however, to declare, that I can in no case of this kind, resort to the Spanish nation for precedent to govern my conduct : If the United States should emerge from their present distressed situation, they may perhaps become enabled to adopt the usages of the Danish and Swedish nations, lam. 8Cc.^ a 8^ LIFE OF April ist. The following is an extract from the answer of the Secretary, dated April 1st. ^^ Sidi Joseph says that your treaty has been al- ready ratified in the manner of all other nations who are our friends. Since you altered and retrenched some of i]\Q, articles, and the treaty is changed^ he re- quires of you his usance, and that of the Secretary, as all other nations have given. Sidi Joseph says he is much surprized at the import of your letter of 29th ult. ^' That you could not regulate your con- duct by the example of tlie Spanish nation ; and if it were convenient to the situation of the United States you probably would regulate yourself by the usages of the Danish and Swedish nations.*' While this was received, the Bey had ridden out. Sidi Joseph immediately mounted, went to our Lord the Bey, and told him what you had written. The Bey told him to write to you tliat he would have his present ac- cording to the note which you, gentlemen, copied in the presence of Sidi Joseph : and more, that his Excellency would have it a little better than what was contained in the note you, gentlemen, took. His Excellency the Bey likewise said, if you were not contented with the proposals he made to you to communicate to your court, you might arrest the brig, call at the palace and speak witli his Excellency the Bey, and he will give you more precise terms to communicate to your government. fSignedJ STIJK^CA.'' I returned the following note to the Sapitapa. * I have received your letter of this morning. Tomor- row at ten iu the morning I will have the pleasure to wait on his Excellency the Bey.' This morning, Mr. Cathcart embarked for Tripa- li, in the Sophia. Tuesday, 2d, Six, A. M. The brig sailed with a fair wind. At ten I waited on the Bey with additional pres- ents ; among them six pieces of cloth of different col- ors, which were divided between him and the Sapi- tapa, To these he affected perfect indifferencCo GEN. EATOK. 83 Asked in an air of importance wlij the brig had sailed, contrary to the order contained in liis note of yesterday. I told him the affairs of my nation re- quired it. He showed disgust at the import of my note of the 29th ult. I told him our engagements must be dictated by our abilities to fuMl them : hoped he would consider that America is distressed bv war : thai the articles he demanded, were to be pro- cured from the countries only, with whom the war forbade an intercourse ; and it was therefore impos- sible to accede to his demand. He said he Avould have the present*demanded, I told him our govern- ment must be consulted. ^^ If you will not agree to it/^ said he, " you may go home and consider void all wlwcli has hitherto been done." 1 answered, if there was no other alternative, I would go. " ^ ery well," said he, " I give you ten days to consider on the subject ; and, if you continue in this present res- olution, you may embark in the brig, on her return from Tripoli, and go home." Very well ! He arose from his Sofa in a rage ; and left the chamber without ceremony. The Sapitapa remained. " Are not these articles manufactured in America ?" ^ No, we have neither the materials nor the manufacturers in America.' He appeared surprised. ^^ Is not A- merica an old country ? ^ No ; it is not yet two hundred years since the first effectual settlements w^ere made in the United States.' '• But the Bey must have his present : it is indispensable:" '• If the Bey be sincere in his pacific expressions, he will not at this period insist on a present which it is impossi- ble to procure, and leave no alternative but war.' i hoped he would use his friendly influence to direct the Bey from his partinaeity. He made no answer. I left him without ceremony i but ordered my inter- preter to leave with him a douceur which I had pro- vided for the purpose. On lea\'ing the court, a number of applications were made for money for pet- it officers and principal slaves of the palace, which were said to be usages of all other nations^ oa a new C^onsul's beine: received. 84 LIFE OF Among other questions of the Sapiiapa hrelavaiit to this subject, one was, what faith the Jlmevicans held. I told him we believed in God, Almighty, the reward of justice, and the punishment of Fraud. " I thought," said he, ^'^ you were not very supersti- tious Christians !" The Tunissians have a con- temptible opinion of Christians : and well they may : for those of them with whom tliey have had most acquaintance, have lapsed from the dignity of Chris- tianity, to unmeaning ceremony, and shameful effem- inacy. Wednesday, Sd. Waited on Mustapha Coggea, the Prime Minister, an old man who had been very » influential, but had lost his teeth. Made him an ad- ditional present of two pieces of cloth. He express- ed a sense of obligation, and very modestly told my interpreter that, if he were not ashamed to do it, he ^woidd give me hade the jjresent. The Sapitapa sent for me, and renewed, in his a- partment, the subject of the Bey's present : but ap- peared in better temper tlian yesterday : the media- tor, left with him, had, perhaps, softened his obdu- racy. He reminded me however, that, during the discussion of the articles of the treaty, I Jiad intimat- ed to him, that the Bey might expect something very handsome, in case he aumitted the alteration ; that, having obtained ray object, it seemed I had forgotten the obligation, or was disposed to evade it. I an- swered him I should evade im obligation fairly contracted : thought the Bey had mistaken the real purport of my letter, or 1 had not communicated iny meaning intelligibly. It went only to assure him that the United States will not adopt the example of the Spaniards ; and for a very good reason ; they had not the ability. Why should we promise rega- lia which our country did not produce ? It were bet- ter to deal thus plainly with him, than to flatter him to expect jewels which might never be in our power to procure. It was true, as I told him yesterday, we juj^d neither gold nor diamonds in America, nor any GEN. EATON. 85 body who knows how to work them. ^' What, are you/' said he, " a parcel of countrymen, shepherds and rustics ?" ^ Very much so.' " But you build ships ?'' ' Yes.' '' Of what timber ?" * The best.' '^ And handsome ?" ' Yes.' " Well, suppose you agree to make the Bey a present of a small, hand- some cruiser ?" '^ The Bey has given me ten days to consider on his fust proposal. In this time I will consider this proposal. Am glad however, you .are disposed at length to modify the demand. When the brig returns, I will wait on the Bey with an an- swer.' ^' And I," said he, " mean time, will en- deavor to facilitate the measure." It is hard to negociate w here the terms are wholly exparte. The Barbary courts are indulged in the habits of dictating their own terms of ncgociation. Even the English, as the Consul himself informed me, on his arrival and reception here, had furnished liim a present in cash and other articles valued in England at seventeen thousand pounds sterling. But Tunis trembles at the voice of England. This then must be a political intrigue of England to em- barrass the other mercantile Christian nations ; and it has the effect. To the United States, they be- lieve they can dictate terms. Why should tliey not ? Or why should they believe it will ever be other- wise ? They have seen nothing in America to con- trovert this opinion. And all our talk of resistance, and reprisal, they view as the swaggering of a brag- adocio. They are at present seriously concerned, through fear that the English and Americans arc in offensive and defensive alliance. The report is cur- rent, and I have taken occasion to cherish it by be- ing seen frequently Avith the British Consul, dining with him, and holding secret intercourse. But what- ever stratagem may be used to aid our measures, it is certain, that there is no access to the permanent friendship of these states, without paving the way with gold or cannon balls ; and the proper question is, which method is preferable. So long as they 86 LIFE OF liold their own terms, no estimate can he made of the expense of maintaining a peace. They are un- der no restraints of lionor nor honesty. There is not a scoundrel among them, from the prince to tlie mu- leteer, who will not beg and steal. Yet, when I proposed to the Sapitapa to day to substitute money in lieu of the present, he said the Bey had too high a sense of honor to receive a bribe : he would receive a present ; but it would affront him to offer him money. Saturday, 6th. Th« prime minister, Mustapha^ Coggea, returned his present to me with a message that he was not accustomed to receiving presents in- ferior in value to the Sapitapa, who was inferior to him in rank, being second minister. He believed I had been misled by the advice o-f the Jew s in the distribution I had made of my presents. If he could not have an equivalent to the Sapitapa, he would have nothing. The messenger said the prime minis- ter w as very angry ; but intimated that the present, with some small additions, might go down and re- move his bile. When I was w ith him on Wednes- day, he did not discover any discontent. He probably did not then know what the Sapitapa had received. Sunday, yth. A demand came from the Admiral for a gold headed cane, a gold watch and chain, and twelve pieces of cloth : the usance on a new Con- sul's being received. Laid on the table. A demand came from the Aga of the Goulette for his usance on the occasion of the first vessel of war coming to anchor in the bay. To this I answered that I icovM make him a jwesent of a copy of the treaty. Sunday, 14///, 8, A. M. at the Palace. The Sapi- tapa informed me that the Bey had rejected the pro- posal of a small cruiser in lieu of the present in jewels. I told him^ notwithstanding the Bey had refused to listen to a cash proposition,, I would once more GEN. EATON. 87 make him a tender, and proposed fifty thousand dol- lars in full of all demands. He said the maritime and military regalia were very rich ; that they were peculiarly necessary at this period ; and if I would offer two hundred and fifty thousand dollars the Bey would not accept it. I recapitulated the expense already incurred in our negociation with this Regency ; and shewed him Famines general account and list of presents. He said it was a trifle ; and again mentioned the jewels. I observed it was very unaccountable the Bey should persevere in his demand of articles which the war rendered it impossible to procoure. " Get them in England/' said he ; ^* we like the English manu- factures much better than the French and Spanish." I said it was still more extraordinary that the Bey should demand of the United States threefold the duties of all other nations ; refuse the salute which he gave all other nations ; compel an obligation on us to suffer our merchantmen to be pressed into his service ; and yet demand of us the usages of the richest and most favored nation on earth. He repeat- ed that the service very probably would never be re- quired. Be this as it may, the Bey would have the presents. He now demanded for himself a double barrelled gun and a gold chain to a Avatch ; said the American Agent had promised the gun, and he be- lieved had sent for it. I told him plainly the Unit- ed States would find it cheaper and better policy to send a force into these seas to defend their commerce^ than to yield to these accumulated demands. ^^ Very well ;" said he. He reported to the Bey. In a few minutes I was introduced to his apartment. A few words passed between us of the tenor of the foregoing. He got in- to a passion : arose and left the hall : but turned, going out, and said, '* consult your government. I give them six months to give me an answer, and to send the presents. If they come in that time, well z if not, take down your flag atid go home."' 8S LIFE OT Thus, sir, I have given a faithful but a tedious de- tail of our negociation. The United States sat out wrongly ; and have proceeded so. Too many con- cessions iiave been made to Algiers. There is but one language which can be held to tliese people ; and this is terror. If my own feelings were to dic- tate the answer to the demands submitted, it would be a solemn one. But w4iether good policy would dictate tliis is the question. We should get little, and might lose much. At all events we should have to buy a peace at last, and redeem our captives, un- less we could effect the intire destiiiction of the Re- gency, or convince them of our ability to do it. Our affairs are critically circumstanced. Much mischief is meditated by our cidevant agent. I am assured he has this day formally protested to the Bey against the United States establishing another Consul here and taking the bread out of his own mouth : audi should not be surprised to have an opportunity to hand my dispatches to the department of State. I have not yet made great sacrifices, nor other than unavoidable ; but I expect to be compelled to it, except something at present unforeseen, shall operate to prevent it. I will not however be bullied into the measure. When I find it necessary I will soften my tone with this government : but this will be my dernier. The language of independence has never been spoken by our agent. If he were receiv- ed as the representative, as well as the agent of the Government of the United states, well may we be considered fit for slaves. I am persuaded he has nev- er resisted any demand ; and am of opinion he has shared the benefits of his own concessions. My in- verted opinion of this Frenchman may seem unac- countable. His civilities to me were the upper dress of hypocrisy. I believe it would have a good effect to show force m these seas, if it can be spared from our own coasts ; if it be only to convince these pirates that Ave are npt Italians. Jf the present of jewels be resisted, GfiN. EATOX\ S9 as I devoutly pray it may, it will be absolutely nec- essary, or the other regalia will not be received. Denmark furnishes a recent example of this nature. Policy forbids the Tunissians going to war with the United States at present. So long as this continues to be the case, we are not in much danger : but no sense of justice w ould prevent this event if occasion should suit. It is probable further forbearance may be obtained, and must, from the impossibility of re- turning the answer within the time ; but it is hoped too much may not be presumed on this probability. The United States have no messenger whom I would greet with so much cordiality with the answer a« Sommodore Barry. I have the honor to remain^ With perfect respect. Sir, your most obedient very humble servant y WILLIAM EATOX J^pril i ^. honorable Secretary , of the United States, The instructions of the Secretary of state, Mr^ Pickering, to Mr. Eaton, were very ample, direct- ing him not only with regard to the more immediate duties of a Consul, but requiring his attention to the military and naval force, manufacturer, commerce, laws, policy, &c. of Tunis and the other Barbary powers. The following, omitting unimportant re- marks, conveys much itiformation on these subjects. Tunis, i5th June, 1799. Sir, The commerce of Tunis is principally monopoliz- ed by the Jews. The hides and wax of the whole kingdom, which are considerable articles of exporta- tion, are farmed by a compauv of merchants, compos- 13 ' ©9 LlFli OF ed principally of Jews, called Gioruata ; for whiek they pay the Bey, annually, sixty thousand piasters, equal to seventeen thousand one hundred and forty two dollars. The subjects are compelled to sell th'i hides to this company at eleven cents each, and wax at thirty two dollars per quintal. The Giorua- ta have had a factory established at Leghorn, whith- er these raw materials were exported, till the opera- tions of the French in Italy, since which this factory is moved to Messina. Two hundred and fifty thou- sand hides, and four hundred quintals of wax, are supposed to enter into the ordinary annual trade of this eompany. Revenue produced to the Bey. dols. 17, 142,*^ 85. The other and more considerable articles of ex- portation are oil, wheat and barley. Of these, the Bey receives tithes. One hundred and thirty thou- sand metars of oil, of six gallons each, are supposed- to be annually exported to Europe and Asia. In addition to the tithes, the Bey receives sixty four cents per metar for a tiskery, (permission to ex- port.) The oil is purchased, at about twenty eight cents per gallon, the average price, which, w ith the tiskery, amounts to something less than thirty nine cents per gallon. According to this calcuiation, the annual revenue derived from this article is, dols. 78,520. The exportation of wheat, exclusive of the tithe, is supposed to l>e three hundred and fifty thousand bushels annually. Suppose this to be nine tenths of the whole annual produce of the country, the value of the tithe in w heat will amount to thirty eight thousand eight hundred and eighty eight dollars. For a tiskery for each caffice of eleven bushels, the Bey receives ^ix dollars, amounting to one hundred and ninety four thousand, four hundred and eighty nine dollars. Upwards of one hundred and twenty vessels, averaging ninety tons, annually load with this article. And the revenue produced, aceordin ^ the above calcultXtion, is dollars 223,377, 74. GEX. EATON. 9i I cannot ascertain the quantity of barley export- ed, and duties collected ; but, supposing it to be half as much as the wheat, the revenue arising from this article would lie about dollars, 70jOOO. The ex- portation of beans and vetches is supposed to pro- duce about dollars, 17jOOO. Some ])eeves and sheep are expor^ed, but the quantity is inconsiderable : on these articles howev- er duties are collected by giving tiskeries. This information is obtained from a principal He- brew merchant in this city. And, although it may not be accurate, it raav communicate some idea of the produce and internal revenue of this kingdom. The principal manufactures of the kingdom, are red caps and sashes ; a sample of the former, I sent by Capt. Geddes, of which great quantities are ex- ported into all the Turkish dominions. The manufactors of caps import annually from Spain three thousand quintals of fine wool : and the sash manufactories receive annually from the Morea, six hundred quintals of raw silk. These ailicles pay no dutj% This is a peace calculation. The present war has totally deranged the commerce ot this kingdom. Ragusa is at present the carrier for Tunis ; and what little commerce remains to them, centres principally at Smyrna and other ports of the Levant, alon^ the coast of Dalmatia and the Morea. Muslins, stuffs, fine cloths, iron, coffee, sugar, pep- per and spices of all kinds, bleached wax candles, cochineal, dried fislrand lumber, are articles of im- portation much wanted and which would command great prices in cash, at least three hundred per cent more than in America. [Mr. Eaton here gives a list of the marine force of Tunis ; by which it appears that the Tunissian* then possessed ninety four armed vessels, nine hun- dred and twenty eight guns, and eighty eight swiv- els ; the whole manned by upwards of eight thou- ssand men.^ 9;^ • LIFE OF The foregoing list and annexed schedule exhibit in a summary view, the most correct information at- tainable of the naval force of Tunis, the species of armed vessels, the number of their gnus and men^ and the times of the year they go to sea : also the in- crease of the navy the last ten years. Mr. Tulin, the Swedish Consul, the oldest and perhaps best in- formed in the kingdom, informs me that, twenty years ago, Tunis could send out but nine cruisers. it may not be improper to note liere, that the Bey re- ceives tithes of all prizes brought into any of his ports by the privateers of his kingdom. This, in addition to the tribute of re^^alia from Christian na- tions, the prizes taken by the corsairs of the regen- cy, and the internal duties upon commerce, produce a great revenue. But these sources arc failing. But twenty cruisers have gone out this year. The cruising ground of the corsairs of this king- dom has heretofore been in the vicinity of Corsica, Sardinia and Sicily, on the coast of Genoa, Tusca- ny, Naples, Calabria, and in the entrance of the A driatic sea ; and even as far up as Venice. But these coasts, having fallen under the protection of the belligerent powers, now aiford no game. Theii mode of attack is uniformly boarding. For this, their vessels are peculiarly constructed. Their long latteen yards drop on board the enemy, and afford a safe and easy conveyance for the men who man them for this purpose : but being always crouded with men, they throw them in from * 11 points of the rig- ging, and from all quarters of the decks ; having their sa])res grasped between their teeth, and their loaded pistols in their belts, that they may have tli^ free use of their hands in scaling the gunnels or net- ting of their enemy. In this mode of attack they are very active and very desperate. Taught by revelation that war with the Christians will guarantee the salvation of their souls, and finding so great sec- ular advantages in the observance of this religions duty, their inducements to desperate fighting are GEN. EATON. 93 very powerful. Proper defence against them are higli nettings with chains sufficiently strong to pre- vent their being cut away ; buck sliot plentifully ad- ministered from muskets or blunderbusses ; and lan- ces. But it is always best to keep them at distance, that advantage may be taken of their ignorance at raanoeuvering. The principal naval ports are Porto Farina, the Goulette, Ifax, Susa, and Biserte. Porto Farina is the rendezvous for vessels of war, no other being permitted to lay up there. It is situated about eight or nine leagues N. N. W. from Tunis, and about six or eight miles W. by S. from tlie western point which forms the bay of Tunis. The harbor is secur- ed bv the walls and batteries of the town of tlie same name, forming an entrance of about seven feet water for the admission of the cruisers, which are obliged to anchor under the batteries, get out their guns, bal- last, provisions, &c. and being careened on tiieir sides to lessen the draft of water, to be towed in by a spe- cies of large scows, called pontoons. Vessels of any size may anchor within gun shot of the walls. The town is said to contain about one hundred thousand inhabitants ; has a governor, (Mahomet Coggea) anc^ police ; and is the magazine and arsenal of the naval and military stores of the kingdom. The governor owns the most cruisers of any man in the kingdom j more than the Regency. The bay of Tunis is formed by capes Fauna or Plain island, and Bon ; and is thirty miles deep. Tiie harbor at the Goulette, nine or ten miles E. by S. from 1\inis, is an immense bason, having cape Carthage (N. E, point of the peninsula of the ancient city) on its west, and a projection of the main land a little north of the mouth of Bagrada, so noted for Regulus's serpent, on the east. It is defended by an enormous stone castle feet high, mounting guns, and by barbet batteries below ; under cover of which, at a small distance, merchant vessel^ jnay ride in four or five fathom water. At a little 94? LIFE OF further distance vessels of i^ar of any draft liave good anchoring ground in water from six to twenty fathom. It is a safe and beautiful harhor. Within this bason, divider] from it by a garter of land about six miles in length, and secured by the castle of the OoulettCj is a stagnant lake thirty miles in circumfe- rence, reaching quite to the suburbs of Tunis, whose deepest water is not more than six feet, which re- ceives through a canal, immediately under the v/alls of the castle, the sandals, or lighters with merchan- dize from the vessels at anchor in the bay. In the same manner ail vessels receive from the city their provisions and lading, riding at anchor ; for there is not a wharf, which I have seen, on all the coast. In this lake the lialf gallies lay up in winter. Its wa- ters are so stagnant that, as the boats pass across it, a green, putrid wake is seen in their path, and a sickly, most offensive smell fills the -air at some dis- tance. The putrid miasmata from this lake may be, perhaps, among other causes of the plague in Tunis. It has been said to inundate the ruins of Carthage. This is erroneous. I have repeatedly visited those ruins. The exterior walls and ditches of the an- cient city can be traced without the least difficulty. The walls of Byrsa, the citidal, and temple of .^s- culapius, may also be traced on an elevation of ground one hundred and eigJity feet above the sur- face of the water, bordering On the sea three or four miles from the lake. The immense cisterns, thirty feet deep, covered by vast arches supported by strongly cemented pillars of stone, are still entire : but these, like many other arches of vaidts; cisterns and magazines, are now subterraneous ; and tlie Moors cultivate the surface where their superstruc- tures once stood. It is manifest, however, that this lake covers a part of an ancient village, vestiges of which are found buried in ruins, in the* vicinity of the Goulette. Ifax, a fortified town situated 48 leagues S. S. B. from Tunis, the next very considerable port, has GJiN. EATON. 95 a large, open harbor, but remarkably safe, being cov- ered by an island at its entrance. It has good an- choring ground from six to ten fathoms water. The governor sends out many cruisers, as is shewn by the list. Susa, a fortified town, 20 leagues S. S. E. from Tunis, has a good harbor, and anchoring ground of six to eight fathom water within pistol shot of the Hown. Biserte, situated about 10 leagues N. W. from Tunis, has a large bay and good anchoring ground within musket shot of the castle : but the road, be- ing quite open, is exposed to a heavy sea from the N. E. which renders it a mere shelter. Biserte has a large mole within its walls communicating with the bay without and with a large, beautiful lake in its rear, by canals of about forty feet width and ten deep. Into this mole the cruisers are brought for safety in the same manner as they are got over the entrance of Port Farina. Heather's chart of the Mediterranean gives the best points of direction for entering these ports. The winds upon these coasts are variable at all seasons of the year. But in settled weather in the summer season there is said to be a sea breeze set- ting in there by day, and a land breeze setting oft* by night. This is probably occasioned by the great- er rarefactibn of air by the reflected heat from the sands on shore by day and the warm surface of the water by night. From the foregoing list and schedule it appears that no season of the year is considered peculiarly dangerous to navigation. February has uniformly sent out fewest cruisers, but this 1 apprehend, may be ascribed i-ather to the great sensibility of these, people to the cold than any other cause. This forms no impediment to the European sailor, who navigates those seas at all seasons of the year. The country on the sea coast of this kingdom in naturally luxuriant and beautiful beyond description. t)6 LIFE or Well rniglit the Romans consider it a luxury to have a seat here. Were it in the possession of an enlight- ened and enterprising people, I know not why it might not vie with the opposite continent in every- thing useful, rich and elegant. ' The government is absolute, heredetary monar- -chy ; but uncommonly mild in its administration. The present Bey holds the regency by usurpation. His father, Alha Bey, on the death of a brother, Mahomet Bey, took the government in trust during the minority of a nephew, Sidi Mahmoud Bey, the rightful heir. By an eminently mild and good ad- ministration he secured the love and adoration of his subjects ; and by bribes and intrigues with the divan, principal officers of state and the Grand Signior, he procured the regency established in himself and de- scendants, to the exclusion of the heir of the right line, who is now held as a kind of hostage in the palace and maintained by the regency. Hamuda Bashaw Bey, the present regent, by possessing ma- ny of the talents of his father, and by adopting his examples in government, has established himself so firmly in the affections and confidence of his sub- jects, that his rival seems to have abandoned all hopes of dispossessing him, and quietly submits to the usurpation. He enjoys however the title of Bey, a title stripped of all appendages. It is remarkable that the Alcoran forms the only code of laws in this I'egency. (As this is formed in religion it will be naturally concluded that here ^re no lawyers , and of course very little litigation.) The Bey, solus, forms the supreme court ol judi- cature, and admits presentments and causes of every name and nature to be originally brought before him. Such as he finds capital or important he hears and determines ; petit felonies and small traversies he sends down to a public inferior court of justice, call- ed Sharah, in the city of Tunis, at the head of which ii! the Cndi or high priest. GEX. EATON. ' 97 ■ III each province and considerable town are inferi- or courfs. Tlie Cait, or farmer of the revenue, a kind of deputy governor, forms a species of court of common pleas for hearing and determining all mat- ters of dispute between private subjects, where the demand does not exceed a certain sura, or where the subject matter of controversy is not of a criminal na- ture. And the Caia, a governor of the province, who is also commandant of the forces, forms a court in the nature of sessions of the peace for the trial of all criminal oiTences not capital. In causes of this na- ture these courts may have original jurisdiction, but appeal lies in all cases from their decision to the Bey, or supreme court. , The Bey sits in the hall of justice from eight till twelve o'clock in the winter, and from seven till e- leven in the summer, every day in the year, Fridays and the days of Biram and Ramadan, public feasts, only excepted. In all the courts the plaintiff enters and argues his own cause, in. irropria jjersona, and the defendant in like manner pleads and defends. So also in criminal prosecutions. The whole man- agement consists in simple statements, substantiat- ing and refuting allegations, generally by evidence deduced from the testimony of witnesses. Their rules and maxims, in trials of criminal and capital of- fences, are very similar to those of our common law ; especially the crime of murder; and may ])c and probably are, derived from the same source, the law of Moses. The Bey also transacts all his national concerns in his own person, and superintends the police of his navy and army, even the payment of liis troops. These duties render his life extremely laborious^ He lives abstemiously, exercises much and sleeps little, (and alone though connected by marriage v.ith the finest and most accomplished woman in the king- dom, who is about ten years younger than himself, and devoted to him by the most aifectionate attach- ment.) But with all these excellent qualities of th(* 13 QS LIF£ OF pvincejlieis not without a blemish the name of whiclr would excite a blush in the countenance of the most depraved of nature^s children. And however sin- gularly unnatural^ his favorite minister (the Sapata- pa) a lusty Turk of about thirty three, is the first ob- iject of his passion! He also is unboundedly avaricious. And though he said to me he was not enamored with toys, his palace is crowded with rich jewels of all sorts and arms or- namented with 2;old and diamonds : and his wife is said to be loaded with gold and diamonds, which, like the jewels of Paulina, may be literally said to be locked from usefulness and from the world. The military force of Tunis is rather imaginary than real. JLverv Turk, and descendant of a Turk, is a soldier find under pay, they amounting to 6,800 These, though they are never embodied, are what they call their regular troops. Detachments of them appear in the field once or twice a year, for the pur- pose of sv. aggering into the interior provinces, to col- lect the revenues of the poor, oppressed Moors. They cannot be said to have an uniform : and they have less discipline than the rudest troops I have ev- er seen in America ; and I have seen our militia from Boston in Massachusetts to Lexington in Ken- tucky, and from the north boundaries of Vermont to the south boundaries of Georgia. They are arm- ed with a sabre, brace of pistols, and a rusty mus- ket without a bayonet. Their camp, as they call their army, or rather their mob, when assembled, are composed partly of cavalry, who are armed in the same manner as the infantry. Their horses, tak- en collectively, are really worse than the mill hors- es of my own native country, New England, which every body knows are wretched enough, brought into the field as nature formed them, or only al- tered by the galling of pack saddles or hampers, and totally undisciplined. They have no manual exercise nor field manoeuvres. On their march they drive on lielter skelter, as void of tacdcs as the tigers GEN. EATON. 99 ef their desert : and their encampments are as ir- regular as their exercise. Such are all the soldiery whom I have seeu^ and I have reason to believe such are all whom the kingdom can produce. These, as I have said before, are regulars : their militia is still worse. Every Moor has arms. Their natives form the militia : but they assemble neither in bodies nor detachments^ except in case of imminent danger : and they then rasii down from the mountains like so many wolves of the forest. In their complexion and habits they have a striking resemblance to the American savages ; and in their manners resemble, them much : but they want tliat wild magnanimity, that air of independence, which animate those free born sons of our forests. I am inclined to believe the Moors are timid. The Turks are said to be brave. This is not impossible. Bunker's hill affords a proof that undisciplined men v/ill fight : but the campaign of '76 also proves that undisciplined men form bad armies. I cannot ascertain the number of the unorganised militia. The pay of the Turkish soldier is four aspers, ^-Qi of a dollar per diem, without clothing, and without rations, except when in the field. This sum increases one asper every third year till it amounts to, but cannot exceed, twenty nine aspers per diem, let the rank be what it will. The Bey, being a Turk, is, of course, a soldier, and commander in chief of the army and navy. His pay for this service is twenty nine aspers per diem. His Major Generals receive tlie same and no more for their military ser- vices. How do they subsist ? By perquisites. This establishment may have been founded in economy : it has destroyed discipline. Among the other miscellany of this letter, the ag- gressions of these pirates which have lately happen- eid, and some reflections on the affairs which inti- mately concern our nation, I hope may not be con «idered wholly impei'tinent. iOO JAYE OF In the years ^85 to '9, Tunis is said to have taken one hundred prizes from Venice. In the month of August of the year 1797? Prince Paterno of Sicily, as he was passing from Palermo to Naples, in a Greekvesselof the Morea, with subjects of the Grand Signior, and under Ottoman colors, was taken by a Tunissian corsaire and brought into port. The court of Naples protested to the Grand Signior against the capture, who sent an envoy to Tunis to examine the vessel's papers. Finding them not minutely regular, the vessel and cart o were adjudged as a good prize, and the crew and passengers condemned to slavery. The prince remained a prisoner till the middle of December of the same year, w hen he stip- ulated for his own ransom for four hundred and fifty thousand dollars to the Bey and fifty thousand to the Sa])itapa. On the eighth of September last, five Tunissian cor- saires, carrying nine hundred and ninety men, landed, in the grey of the morning, upon the island of St. Peters in the dependence of Sardinia, captured and brought prisoners to Tunis seven hundred women and chil- dren and two hundred and twenty men. The des- cription given Die, by the British Consul, of the bar- barous and brutal conduct practiced upon these un- fortunate, defenceless wretches, would shock a sav- age. The able bodied men of the island being at their vinta;5es in the conuff **•*-** * The old, the infirm, and the infants, who were un- fit for slaves, have been obliged to shift for themselves. They could not find subsistence. Charity dealt her sparing morsel to them. They have suiFeretl much : but the Consuls severally contributed something to their relief. I received a letter from the Sardinian Secretary of State, and another from the Consul Gen- eral appointed to be charged with the affiiirs of all nations who have not a consul established in that kingdom, soliciting the good offices of the American Consul in this affair : tlie latter seemed to claim as an obligation, intimating that he had often rendered disinterested services to Americans in Sardinia. I gave one hundred dollars. ****** When war was declared against France, the Con- sul and all his countrymen were confined in close prison, and their property sequestered, notwithstand- ing a treaty stipulation that the Consul and others of his nation should be allowed one year, after declara- tion of war, to adjust their affairs and depart the king- dom. On the Sd. of April last, the garrison of Corfu sur- rendered by capitulation to the combined forces of the Russians and Turks, on condition of being con- voyed to France. On the 25th, one of the transportfe having on board two hundred and fifty of the garri- son, being separated from its convoy, fell in with and was captured by an Algerine corsaire. On the sec- iOS I.1FE OF Olid of May they were broiiglit into Tiinis^ and on the fourth they ivere marched through the city and sent ofl' by land to Algiers, wliere they have since ])een condemned to slavery. About the same time a Veni- cian vessel was taken under the Emperor's colors and passport, carried to Algiers and condemned ; the Dey refusing to knovi^ the Emperor. On the 8th of May, a Tripoline corsaire sent into the port of t.ie Goulette a large Danish ship laden with sugar and coff'ee, taken in the straits. There lias been no war declared by Tripoli against Den- mark : but the latter has delayed some stipulated re- al ia. On the same day the Bey of Tunis condemned as a good prize a Sicilian merchant vessel taken by his corsairs with admiral Nelson's passport. The ad- miral has the firmin of the Grand Signior to protect whatsoever vessel he pleases. A few days since the Bey of Tunis demanded of the king of Spain two frigates of thirty two guns each ; and it is said the demand is acceded to by the Consul. Denmark is in arrear to this regency for some re- galia of maritime stores, which lieing delayed beyond the limited time, the Bey demanded additional pres- Signior, and under the auspices of the British lords, St. A'^incent and Nelson, has negociated a truce during the pres- ent war. France has no commerce exposed. Spain can defend herself by assistance of auxiliaries drawn from her mines. Portugal, though a lady, speaks with a manly tone to these pirates ; she dictates terms to them under their own batteries. She has lately, on the twelfth of May, forced Tripoli to pur- chase a treaty at the expense of eleven thousand dol- lars, after having Captured two of the Bashaw 's prin- cipal corsaires. All this with only one 7% command- ed by commodore Campbell. I>enmark and Sweden have frigates in thcfse seas : and Holland has no commerce here. Tunis is robbed of hev prey : and is»as restless as a bear robbed of her whelps. Com- merce is at an end here. Plunder must be had. Where is it to be found ? America presents it. Bui Tunis is at j)eacc with America. Tunis must have jjlitnder. Necessity has no law. A pretext is found for a declaration of war in our delinquency, our de- lay in sending out the stipulated regalia ; and the, commerce of America in this sea will fall the victim to the rapacity of these starving robbers. Europe will be something more than an idle spectator of the scene. Europe will participate in the joy of the e- vent. I am not amusing; myself with idle specula- tions. Nor does it require a second sight to per- ceive this tendency of things. I lately thought poli- cy w^ould dictate otherwise during the war with 104 t-'it'E Of France. Observation lias pursuaded me that Tunis is reluctant at fighting France, and that the regency Avishes, if possibJe, to cultivate a secret understand- ing with the republic. It seems highly probable that the United States will soon become chief carriers into the Mediterra- nean ; or that they will at least have their share of tills trade. Our peaceable situation, vicinity to the islands, the enterprize of our navigators, and the great advantages that offer here, all promise and en- courage it. Europe Avill see a rival accumulating wealth and power in the west by this monopoly. Jealousy and envy will conspire with national inter- est to procure the sentence against us, JUelenda est Carthago ! But this must be done by intrigue, by assas- sination. These pirates present themselves as suita- ble instruments of this policy. They are suffered in existence for no other purpose but to be thus used. Peace aiul war m ith them are articles of commerce ; and they may be set on or bought off by the highest bidder. The nations, who may find occasion to use them to check our commerce, have little more to do than to paint to them the certain advantages which would result from making war upon it : to paint the number, value and defenceless situation of our merchantmen in this sea : and, if occasion should re- quire, to add by way of stimulus regalia of ammu- nition. Who among our friends would scruple to use these means ? I wish avarice may find its limits here. I wish I could persuade myself that the rival nations of Europe, whom conquest will exhaust at home, will not aim to fix their talons on flourishing America. I wish I could think better of mankind : but the age in which I live has already furnished too many examples of this depraved policy, this cru- el intrigue, of which America has been the subject, without the ability to detect^ or po^ver to oppose its in- fluence, not to establish the suspicion. I vf ill here take the liberty to suggest that there is an impropriety in granting money for Barbary with' GEN. EATON. 105 open galleries ; for, being published in Europe, Eu- ropean agents here are instructed to inform the Beyg of these appropriations, or they do it without in- structions ; which tends to enhance their demands and embarrass our negociations. This must be the case, for the Beys do not read, yet they know per- fectly well the amount of these appropriations. It is only pursuing a uniform policy. Is England less interested or less solicitous at this moment in prohib- iting the carrying of American goods in American bottoms to these important places of commerce, than she was in 1660 ? An English Captain from Mahon, a few days since, was heard to say, in the Britishconsular house, that eighty American ships had already passed the straits this spring. The Consul, in a transport of astonish- ment, exclaimed, '' By God we must put a check to these people ; they are ruining all our commerce here and in the East Indies !" Would a directory of France less than a Lewis the XIV. be solicitous to erect an Mgiers, if there were not one already on this coast ? But, independent of European intrigue, it would tindoubtedly be to the interest of this regency to break with us, and they undoubtedly know it. The game of tlie Mediterranean Christians wrest- ed from them by the more mighty hunters of the Nortli and East, what have they for one hundred and twenty blood hounds, which now lie kenneled in their ports, to be employed about ? They must be let loose upon somebody. They already scent our merchantmen. And finding the least plausible pre- text, they will be loosed to the chase. If then our stipulations be not punctually obiserved, where is the guarantee of our safety ? Shall we rely on treaty compact? Treaties are dead languages with these regencies. Was it not stipulated that one year should be allowed to the French to remove with their effects ? Is not their Consul, and are not his fellow citizens, slaves ? We cannot place any reliance in. their good faith. Can Immanity move them ? Why should we expect from inveterate pirates, virtues sel- dom practised among civilized and christian na- tions ? Have we the vanity to believe they are afraid of us ? What should have produced this impulse ? They have seen nothing here to excite terror but the little Miss Sophia disguised in men's clothes. The poor thing excited pity rather than alarm. When I observed to the Bey at one of our interviews, that we had once whipped the English^he shrewdly ask- ed whether we did it or whether the French did it ■ for us ? As I have before said, nothing will prevent j us from being bloodsucked by this daughter of the i horse leach except formidable force, faithful fulfil- ment of our stipulations or further sacrifices. Whatever shall be resolved upon, should be ex- peditiously prosecuted. Otherwise we shall experi- ence the evils which I liave predicted and which I believe are now projecting. I am at this moment convinced that it Avas with a view of finding pretext for a war, that the Bey and his ministers labored with so much perseverance to dragoon or manoeuver me into a promise of regalia of jewels and a cruiser. It is my decided opinion that unless something shaH appear for us before the fir?t of February, the die will be cast against us, and a sweep made among our merchantmen. I wisli my alarm may prove the child of timidity. But since from arguments already given, it has taken j)osscssion of my belief, I cannot forbear my importunity on a subject of so much im- portance. We owe our peace at this moment to the victory of Lord Nelson. I submitted my opinion by Captain Gcddes, that a small cruiser of eighteen or twenty guns would be well given. I am still of that opinion, in case a force be not sent out. 1 iiave before said tliat here is no access to these courts witliout paving the way with gold or cannon balls. Humanity condemns tlie policy of putting arms into the hands of these mad men. But we are not singular in this policy. Be- GEX. EATON. 107 sides considering the intrigues of our rivals here, we ought perhaps to feel no remorse on this score other than what the danger of those arms being turned against ourselves should produce. I have al- so advanced my opinion that a respectable, armed force in this sea would be among the best precau- tions against a preditory war.^ How often is the maxim repeated in America, " to preserve peace, be prepared for war ?'' But how should this prepara- tion be productive of its object, if the world are ig- norant of it ? If this precaution be necessary to pre- serve peace among ccause no avcII grounded hopes were entertained of success, and because the result of pro- jects some time since in operation were not known. Interest was making with the governor of Porto Farina and the Sapitapa, to influence the Bey into ike measuie, and the prospect was considered not GEN. EATON. Ill wholly desperate though not flattering. I had as- sured the Sapitapa, that, if he would procure a final settlement and discharge of all demands for any sum short of ninety thousand dollars, he should be entitled to receive ten thousand dollars promptly, in consider- ation of his good offices. He seemed much inclined to the argument. On the 28tli ult. he gave a dinner at his garden. Present, the English and Imperial Consuls, the Por- tuguese and Sicilian ambassadors and the American agent, besides several principal Turks. In the morning of this day I took the opportunity to obtain his decided opinion relative to the cash substitute. He gave it, that the project was not feasible : said that the Bey had purchased, and was purchasing, all the ammunition he could procure : that he had sent vessels to Trieste, Mahon and Spain, for maritime and military stores, such as he expected from Amer- ica, without being able to procure them. That he was sending to Gibralter and England with the same views : That the delinquency of the United States had occasioned great disappointment ; particularly so at the present crisis. It had operated to retard, and indeed to defeat, plans of national defence and enterprise, the entire execution of which depended on these munitions of war. He was authorized a- gain to declare that no sum of money would be con- sidered an equivalent to the regalia. He hoped, if the timber could not be procured immediately, (for I told him it was yet growing on the sources of our rivers,) that the guns, ammunition, pitch, tar, rosin, cordage and such other articles as are to be found in our magazines, would be forwarded without delay. It is worthy of remark here that while v» e were at dinner a hotly of Turks came armed to the garden, and even into the court yard, and demanded money, alledging that the gavernment having made peace with every body had reduced them to famine ; but fhe?i icere resolved not to starve ! This cirenmslance lis LIFE or confirms the opiiiioii heretofore advanced that they ' Must be let loose upon some body.' On the 29th, the Portuguese and Sicilian ambas- sadors embarked for their respective courts ; th» former having concluded a truce vrith this regency for three years^ the latter during the present war in Europe. This raised a new spectre of alarm to my vision. What now is to block the corsaires with- efut the Straits ? What now shall hinder them from cruising fn)m tlie Ca[)e of Good Hope to the Orkney islands ? England is in a kind of alliance with them ; and France will not oppose their outrage a- gainst Americans. I resolved therefore once more to see the Bey and push, if possible, the project of a cash payment : accordingly, on the 4ili of July I waited on him at his palace, and requested him to state what sum of money would satisfy his claims and cancel all his demands ? He laconically answered '' No sum whatever. You need not think more of it." He observed that his minister had communi- cated to him ray proposals on this subject, and had received his instructions to give me a conclusive and final answer to them, which he presumed had been done. I said the minister had made the communi- cation, but as he was daily lessening the number of his enemies, and of course diminishing the necessity of these munitirms of war, I hoped it would produce motives to dispense with them for a cash equivalent : but as he insisted on the stipulated articles, I hoped he would consider the impediments which might retard their arrival and would prolong the time. He said it would be early enough to enter upon this sub- ject after the given time shall have expired. I now consider that my ultimatum, agreeably to instructions, has been proposed in a manner best calculated to insure success, but finally rejected. It remains with the exertions of the United States to preserve the peace. Every thing conspires to confirm my suspicion that the regency does not wish it, and that the commerce of the United States is GEN. EATON. 11^ marked out as the \4ctim of Tunissian piracy. I thought I had exhausted the subject of this suspicion in ray last letter, but new evidence appears to sup- port it. The Spaniards are individually intriguing to effect it, that they may avert the storm which low- ers upon them ; and the secret agency of the French h thrown into this scale of influence. Should the Republic obtain a separate peace with the Ottoman empire, which is projecting, the event is most certain, unless, by our own means, we can counteract the plot : for the Jews, who have loved us dearly hith- erto, having much more depending with the French than with the United States, will Avithdraw their friendly offices from us. Besides, their percents on loans and brokerage and their profits as bankers di- minishing, they may calculate a more profitable spec- ulation on American prizes than American commis- sions : for, individually and collectively, they are — Jews ! To the menaces of war I have hitherto feigned a voice of indifference, and, I believe, have impressed a conviction of the truth of this disposition in my government. But in this I have had to effect an entire revolution of sentiment ; for the abject came- leon who preceded me held no language ])ut that of humility and supplication. Policy dictated this de- parture from his example, and the opinion is deeply impressed in my mind that policy will dictate to the United States to support me in this position, unless they have reasons for relapsing into disgrace herC;, and for submitting to be plundered. Should an armed force accompany the regalia in- to this sea, it should take the appearance of a con- voy. This would appreciate the merit of our exer- tions, and, without menace, will have the effect of chastisement. But if the Bey should persist in his demand of Jewels, and if there be no alternative but an equivalent or a rupture, how am I to govern my- self? ' ' 15 ii4i LIFE OF Tunis, Sth »lugust, 1799. On 30th and 31st ultimo^ the Bey called upon all the consuls of the tributary nations, (among them the American !) and demanded of their courts^ through thera^ immediate supplies of naval stores. Of me he had the modesty only to demand that I, without delay, should charter a ship for America to bring out the naval stores. Said, by a report of his Admiral, governor of Porto Farina, and of his naval constructor, he was informed, that he had not a sin- gle plank nor a spar in his magazines. I consumed three days at the palace on the affair, and left the Bey where he started. i^othing can be added to tlie communications heretofore made to inforce the necessity of expedi- tion in forwarding the regalia. I have prevailed on the Bey to forbear till the first of January, and have insisted on the impossibility of returns from Ameri- ca till February. The earliest information of the provision, &c. making, may be useful to me. I have uniformly found the Bey a reasonable and indeed accommodatin-g man. But the Sapitapa — owns corsaires, and Famiu is his — slave 1 Tunis, mil Oct, 1799. The Bey of Tunis still holds an imperious tone. 1 can add little on this subject to the communications already forwarded, but a confirmation that nothing will secure our peace here but implicit concessions to all the demands of the regency, or formidalde resistance. Having resolved to know m hether any relaxation of the Bey's claims could, by any means, be obtained, I waited on him in his palace yesterday, and proposed that he should receive in lieu of the jewels demand- ed, the amount of ten thousand dollars in such arti- cles as he should chuse to commission for from En- gland. He ansAvered that he ivas not a merchant : he kneic nothing of the value of the regalia ; they were the usance ; and he should neither abate nor coinmutc. GEN. EATON. • 115 The fact is, tlie regalia have been stipulated by the proper agent of the United States, and the govern- ment have no alternative but to ratify the act or g6 to war. The first of January is declared to be the ultimate moment of forbearance for the maritime and military regalia : the jewels three months later. This being the situation of our affairs here, I haVe thought prudent to communicate a caution to the dif- ferent Consuls in the Mediterranean : it may also be proper to cause the communication to be made pub- lic in the United States. The project of a war witli Spaiu has evaporated. A secret accommodation between the Consul and the Bey has reconciled the latter. France, though at war, is not less secure in her intrigues than her strength. The king of the two Sicilies has a truce. The oth^r Italian states and Malta have foreign pro- tection. There is not then upon all the coast of tlie Mediterranean a single corsaire in which the vul- ture of Tunis can fix his talons. He views his prey in the west. My suspicions of the hostile disposition of this regency towards the United States are sup- ported by testimony which renders the fact unequiv- ocal. The late Ambassador from this to x\lgiers was charged to intimate to the Dey, that ^^ the Bey, having limited the period of his forbearance witli the United States to six months from the departure of their A- gent's dispatches, trusts the Bey would not interfere, if, after the lapse of said period, in case of failure on the part of the United States, he should adopt strong measures.'' This is said to have excited some agi- tation at that court, and to have drawn from the Bey professions of his friendship towards us : but noth- ing appears in his dispositions to evidence any oppo- sition to the measure. When one sound argument can be introduced founded in facts, or in the interest or good faith of the Bey of Algiers, to induce his ef- fectual interference in belialf of the United States, then let us rely on this interference : but if facts, no less than circumstances, go to prove the contrary, let 116 LIFE OF US no longer be amused. Is not Algiers allied with Tunis by blood, religion, lionovy (there is honor a- mong thieves, J and by the closer ties of interest? The same instant that the ambassador made tiiis commu- nication he put into the hands of the Dey a present, valued in Tunis at thirty thousand and seven hun- dred dollars ; being the amount of the annual tribute and extraordinary regalia. This was, of itself, sufficient to compose the soul of the Potent Beast at that moment, if he had seen the whole Chris- tian world inveloped in destruction. But the Dey dares not use his influence for us if disposed. What ! Turk betray the interest of Turk. Mussulman cut the throat of Mussulman ; and pirate oppose the in- terest of allied pirate, to aid the interest of infidels, dogs, slaves ! for his life he dares not ! He would see revenge and death brandished against him on the blade of every Mussulman's otagan. I affirm that he has no serious inclination to aid our measures here. It is ascertained that the important letters, put into the hands of Mr. Cathcart and myself to insure the success of our negociation here and at Tripoli, were merely letters of civility and calculated to amuse us. What else did they avail ? * * * ■ * * On the 2()th September, Hassen Alzeri was stran- gled by the Bey ! This young prince was the de- scendant in the third degree in the right line from the predecessor of the father of the present Bey. He had been confined from infancy in Algiers, until about seven years ago, when he made his escape hither by the agency of the Bey, under tlie appear- ance of friendship ; but more probably to acquire a more immediate ascendency over his life and for- tune. Tlie soldiers who were ordered to seize him durst not approach him. He threw away his arms and said, advance ! What alarms you ? They con- ducted him to the place of execution. The mutes approached him with caution. Execute your or- ders, cowards ! said he ; and snatching the cord from their hands and placing it about his neck, and GEK. EATON. H7 putting liis hands behind him, ordered them to tie liim. "Looking upon his friends, who stood about him, he said ; If I have wronged you, forgive me : t go to the tomb of mi/ fathers ; and was strangled. He was conducted in a cart to that tomb without a single follower. About the same time a slave was bastinadoed to death in the palace. Hamuda Bash- mv is considered a mild prince. ***** The special reasons which induced Doctor Shaw to leave the Sophia, I leave to him to detail. They "were such as I considered wonld at least justify me in countenancing the measure ; especially as it ap- peared to be the result of an anangement made by Captain Geddes himself, and founded in a settled animosity between the officers of the brig, and the Doctor. I have continued his pay agreeably to his appointment up to the 21st of August last ; and have given him reason to expect it to be continued until he shall have arrived at tiie seat of government, and shall have delivered these dispatches with which he is charged. My inducements for sending him at this moment, and in this manner, to America, are to communicate to government certain and correct in- formation of the existing state of affairs here, and to use the measure as an argument for further jforbear- ance, if necessary. I believe the step dictated by the best policy, under existing circumstances ; hope it may receive the approbation of government, and produce the intended effects. It has the concur- rence of the Consul at Algiers in the following words. " I much approve of all you have done rel- ative to forwarding Doctor Shaw : I hope it will fa- cilitate the stipulations.'' Mr. Shaw has talents and integrity which may be rendered very useful to the public and the world, if suitably patronized. Uh Bee. 1799. With infinite satisfaction I have the honor to in- form you that within a fe^v days our affairs have as- sumed a new and promising aspect. Since the de- 118 LIFE OF parture of Doctor Shaw for America on the 17th Oc- tober, I have paid court to the vanity and avarice (predominant passions) of the Sapitapa ; and have at length persuaded him, what is undoubtedly true, that he would ilnd his real interest more secure in a commercial intercourse than in a war with the Unit- ed States ; and that Americans would be his safest carriers to Spain, where he has opened an extensive commerce, the ships of all other nations being inter- rupted either by the ])e]ligerent powers of Europe or by the corsaires of Aly;iers. I observed to him that the conditions of these advantages were known to iiim ; that I had, during the short time of my resi- dence here, received propositions from the American consul at Leghorn and Barcelona, to introduce a trade here ; and also applications from two American mas- ters of vessels, to get them freight here : in reply to whicli I had stated to them the articles of our trea- ty : since which I had heard no more on the subject. It was only necessary to inform my countrymen that they were not equally respected here with other na- tions, to determine them against coming here, let the considerations of individual profit he what they would. He noAv experienced the truth of what I eight montlis ago declared to him ; that no Ameri- can merchantman would ever enter a port of Tunis, unless compelled, until they should be informed that the terms of our treaty were more favorable. The Sapitapa acknowledged a propriety in my observations ; expressed an earnest desire to employ Americans as carriers to Spain ; and intimated his opinion, that if the regalia arrived in season, there would then be no impediment to an arrangement of our affairs more satisfactoiily. He promised to open the subject to the Bey, and to give it his support, — He entered very candidly into a detail of the causes whicli had embarrassed our nejrociations Jiere, which sliali appear at large on my jouriia], but which may be reduced lierc to two words, French intrigue and Jeivish injidelitif. GEN. EATON. 119 I saw the Bey this morning, and have his promise for forbearance sixty days. In the mean time, it is hoped, we may liavc arrivals from America. Famin has tried to insinuate that the government of (he U- nited States have no serious intentions of fulfilling their engagements with Tunis. He has not succeed- ed. — That slave has been a thorn in my side. But he has now no influence at court. The Bey's family physician informed me, a few days since at dinner with me, that the extraordinary demand for jewels was actually projected by him, (Famin) and stipu- lated after my arrival at Tunis. That the Sapita- pa hesitated to introduce it, as it had not been stated in any of his former communications ; and that Famin told him not to hesitate, he (Famin) could find document to support the demand. I have uni- formly treated this French pirate with polite atten- tion, taking care to keep the commanding grounds, till I have finally defeated all his projects of mis- chief : and if nothing interfere with my present arrangements, have now a flattering prospect af ulti- mately terminating our affairs with this Regency, more favorably to the interests of the United States, and more conformably to the instructions of the gov- ernment. Three things have operated to produce this change of projects at court, 1 . Doct. Shaw's departure to America ; 2. the Bey's pursuasion that the United States after obtaining a peace witli France, will send a fleet into this sea ; 3. The Sapitapa's desire to employ American carriers. Extracts from Mr. Eaton's Jbitrwa/. May "Mh. The Sophia, Captain Henry Geddes, sailed for America. t^ Mustapha Coggea, the Prime Minister, and the Sapitapa, keeper of the great Seal, are both slaves to the regency of Tunis, were brought from Georgia in Asia, and sold for money. The latter 120 LLt'ii 01? was purchased by the Governor of Ifax, and remain- ed in his house till the Bey was smitten with his charms, and demanded him of his master. They became renegades at an early period. The former is a brave, discerning, humane old man, of course generous of heart and liberal of sentiment : the lat- ter a sly, designing, avaricious beast, and of course bigoted. On their decease the property of both escheats to the Bey. i'hth. Feast of Biram. All the consuls visited the Bey except the American, who excused himself, having three days before fallen from a horse antl lamed himself in the — will ! Last evening tlie governor of Porto Farina renew- ed his application for a present, through a friend ; intimated that all nations paid hira this compliment on sending out a new consul. Delicacy hindered his personal application. He is a man of the first influence among Tunissian governors. * * * %Oth. Walked to Carthage : sat oif at 6, A. M. and arrived half past eight. Rambled among the ruins till half past twelve, and arrived in Tunis at 4, P. M. Mercury stood at 96. The Moors were reaping their corn. * * * * * June 2ist. The old Count Porcela, Sardinian Am- bassador, concluded a stipulation for the payment of a redemption of the captives of St. Piere, and all the Christian Consuls were desired to be present to wit- ness the contract. I had for a number of days been afflicted with an aifection in my head which had in- duced me to wear, under my hat, a Turkish cap made of fine wool died red. On entering the porch of the palace, I was informed that I could not be admitted to the presence of the Bey with this cover. I stated my reasons for wearing it. He returned for answer that no ambassador ever came before him cov- ered ; and as it was the usance of the palace, if I could dispense with it till I had passed the usual ceremoni- al salute, I might immediately put it on again. I a- GEN. EATON. 1^1 gi'eed. But the Sapitapa, availing of this opportu- nity to give himself consequence, sent me word that it was not customary for Consuls to appear before him neither covered. I replied, that as usual I should take oif my hat ; but did not feel inclined to take off my ca^?, as it was inconvenient. Some in- termediate imparlance took place. We both main- tained our positions ; till he sent me word that if I would not concede the point I could not see hira. By G**, I will not see him I I am not come hither to be insulted by the Sapitapa. When he wishes to see me he will send for me, said I, and bowing apology to the consuls, turned on my heels, walked to my carriage, mounted and ordered the Moor to drive off. This, however trifling, was a subject of much ^speculation to the Consuls. Those who had the misfortune to be born in the country, gazed with as- tonishment. The others stifled a laugh. " Who is this American ?'' said the Sapitapa. ^^ You must know," said the British Consul, "that he is a repre- sentative of an independent and a brave nation, 2cho descended from the English, and you will do well to be reconciled to him." 27th, On the S7th, I received a polite invitation to dine with the Sapitapa, at his garden, in company with the English and Dutch Consuls, the Portu- guese and Sicilian ambassadors, the Bey's principal physician, and a number of principal Turks. A thing which very seldom happens. 2^th. Received a letter from the palace express- ing the Bey's wish to see me there tomorrow morn- ing early. SOth. Five in the morning, at the palace. The Bey demanded that I should immediately charter a vessel to the United States, to expedite out the stores ; said he had not a spar nor a plank in his magazines ; recapitulated the old song of grievance and delay ; and insisted on this measure v/ith a tone of imperioHsness. 16 iSS LIFE OF lu a very few Avords I convinced liim that th^ measure was impracticable. He shewed much agi- tation ; doubted the sincerity of our governraentc and suspected in them an intention of evasion ; said three months of tlie time of forbearance iiad already elaps- ed ; andj counting with his fingers, said, " Novem- ber ! If you will not comply with my demand, and the regalia do not appear by the first of November, I shall take steps to recover for myself suitable damages for the disappointment.^' I addressed his reason, for he is really a very reasonable man, stated the date of the Sophia's departure from Algiers, the rout she took, and the probable time of the voyage ; and pledged myself that the regalia would be for- warded without delay. He seemed dissatisfied. A project presented. I proposed taking a passage my- self to America to iiurry on the stores ; imagining that if once off, he could not honorably use violence against us till he should at least hear from me. The stratagem succeeded. He saw not the object ; clos- ed with the plan ; and I engaged to embark in five days. July Sist. At the palace. Made arrangements foi- the management of our affairs, and announced Dr. Shaw as charged. — Took leave. August ist. Five, A. M. at the palace. After much interlocutory conversation, the Bey intimated doubts of the propriety of proceeding on the voyage ; and with, much fairness, stated the objections wJiich suggested themselves : thought, on the whole, it would be better to suspend tlie enterprize till I should hear from America : and agreed to wait patiently till thefirsst of January. * * * * * If the United States persist in resignation and passive ohedience, they will find tliat " Qui se fait brebis le lonp le mange." He who makes himself a sheep must expect to be devoured by the wolf. August 5th. The Tunissians have little or no liti g^tion^ because they have no attornies among them GEN. EATON. 123 They have no domestic scandal and neighbor- liood bickering, because they shut up their women. Their young men are muscular, athletic, hale and enterprizing, because they have no access to inebria- tion and venery. Their married men are inert and domestic, being permitted a plurality of wives they are always re- laxed and forever jealous : and, being in the perpet- ual habit of smoking tobacco, they have an eternal propensity to sleep. Considered as a nation, ihey are deplorably wretched, because they have no property in the soil to inspire an ambition to cultivate it. They are ab- ject slaves to the despotism of their government : and they are * humiliated by tyranny the worst of all ty- rannies, the desjiotism of priestcraft. They live in more solemn fear of the frowns of a bigot who has been dead and rotten above a thousand years, than of the living despot whose frown would cost them their lives. Their manners are simple, their living tempera'te, and their conversation generally without dissimula- tion. They have no midnight revels ; no assaults and batteries, and very seldom assassinations. The deplorable wretchedness which always attaches it- self to seduction, and which so frequently wounds the eye of sensibility in every village in the Chris- tian world, is unknown here : because they impris- on their girls. Maxims of Hamuda Bashaw, Bey of Tunis, {worthy a Christian Prince. J Never jutlge the cause of a friend : for, however just, suspicion will pronounce it partiality ! Have no intimacy with the great men of the king- dom, lest they gain an ascendency over the mind, and divert the attention from the duties of kindness and equity towards the common subject. Suffer no fees to be received for administration of justice ; lest avaricious men should devise means t© ,make a commerce of it. 1S4 LIFE OF Admit no advocates, because simple statements generally lead to the clearest truths. * * * * iith. Some good friend had informed the Bey that I had an elegant Grecian mirror in my house. To day he sent a request for it, pretending that he ^vanted it for the cabin of his pleasure boat, now a- bout to be launched. So it is. If the Consuls have a good piece of furniture, or any other good thing which strikes with the Bey's fancy, he never hesi- tates to ask for it : and they have no alternative but to give it. They have suffered this to become us- ance also. i2th. Sent the Bey the mirror. The following copy of a Letter from Admiral Nel~ so'^^ procured by Mr. C athc art and sent to Eaton, though not connected with the present subject, is a curiosity well worth preservation and perusal. Vanguard, Palermo, April 28th, 1799. Sir, WHEN I received your Highness's letter by Capt. Hardy, of the Vanguard, I was re- joiced to find that you had renounced the treaty you had imprudently entered into with some of the emis- saries of General Buonaparte, that man of blood, that despoiler of the weak, that enemy of all good Mussulmen ; for like Satan he only flatters that he may the more easily destroy. And it is true that since the year 1789, all Frenchmen are exactly of the same disposition. I had sent your letter to the great King my master ; I had done the same to the grand Signior ; for I never believed that your high- ness would say a word that was not most strictly true ; a lie is impossible for a true Mussulman to tell ; at least, I had always believed so. What then must have been my astonishment, to have heart! from his Britanic Majesty's Consul General, Mr. Lucas, tliat, the moment the Vanguard sailed, the Incncii Consul and all the French were liberated ; GI:N. EATON. 1S5 and also the French vessels in port allowed to fit for sea ; and one, to my knowledge, had sailed for Malta. Why will your highness be thus led astray by evil counsellors, who can have no other object in view, but your ruin. Your highness knows that although a powerful squadron of Portuguese ships has been since last Au- gust under my command ; that by every means in my power, they have been prevented from cruising against the ships of your highness, or from approach- ing your coast. It is now my duty to speak out, and not to be mis- understood. That Nelson, who has hitherto kept your powerful enemy from destroying you, can and will let them loose upon you, unless the following terms are, in two hours, complied with : viz. that the French Consul and Vice Consul, and every Frenchman, are delivered on board her most faithful Majesty's ship Alphonso, to Commodore Campbell, in two hours from Mr. Lucas setting his foot on shore. That hostages are also sent on board to remain till every Frenchman in the state of Tripoli shall be sent off, which shall not exceed four days. N. B. There shall be no reservation or trick about the French Consul at Tripoli : he shall be on board in two hours from the demand being made. All French vessels, or vessels pretended to be taken from the French, shall be destroyed in two hours. These terms complied with. Commodore Campbell will, as he has done upon the passage, re- frain from taking your vessels, until his arrival at Palermo. If these proper terms are not complied with, I can no longer prevent the ships of lier most faithful Majesty from acting with vigor against your highness. Your highness will, v/ithout difficulty, write me a letter, the substance of which will be dictated by Mr. Lucas : you will also, as a convincing proof of your detestation of the evil councils which liave been tS6 LIFE OF given you by Hamet Rais, your Capt. of the Port, cither cause him to be delivered to Commodore Carapbcllj that I may send Jiim to Constantinople, or dispose of him in such a manner that he may for- ever be incapable of giving your highness any ad- vice ; for his heart is so black that I am informed he can give you no good. Your highness will, 1 am confident, approve of the opeii and unreserved manner of this letter, and consider it as a proof of the honest, upright intentions of the great MONARCH whom I have the honor of serving ; and that it comes fro«m your highnesses Most attached and faithful Servant^ fSignedJ NELSON. Mis Highness the Bashaw ofTrijwli. To Mr. Pickering. Dec. i5th, 1799. On the 6th instant I had the honor to inform you of the more favorable prospect of our aiFairs. I now confirm that information. The principal cause of which is the interest which the Sapitapa views in his future employment of American bottoms to carry for him to Spain, all others of neutral powers being in danger from the Algerines. This circumstance promises an issue of our negociations corresponding with the Avishes of our government, provided the re- galia arrive before a negociation for a peace be set on foot iu Europe ; in which case we shall have to combat the whole commercial influence of France. The Bev's Chamberlain tlined with me. After plying liim plentifully with wine he ran over the com- mencement and progress of the American affairs,. Said, after my arrival at Biscrte, Famin was con- stantly atBardo, importuning the Bey to refuse me an audience, stating the infidelity and ingratitude of die United States in general, and particularly as it GEN. EATON. 1S7 respected his nation and himself personally ; insinu- ating that this innovation upon their establishment made here, of a Consul, was undoubtedly aiming at some evasion of fulfilling the engagements stipulated by treaty ; and urging the services he had rendered and was always ready to render his Excellency. The Sapitapa was in favor of Famin. The old Min- ister Mustapha Coggea, was against the measure. The Bey balanced two or three days ; and then an- swered Famin : " You have told me repeatedly that you were appointed by the Prince of America his Consul General near me, and that by the first arrivals you should receive your credentials : Instead of this you now inform me that America has deceitfully sup- planted you, and their proper Consul is now in one of my ports ; and you demand of me to avenge your wrong by refusing this agent a hearing. I do not know but all you have told me is true ; but I am ap- prehensive you have not told me all that is true : this Consul at least may throw light in my path ; and it will be early enough to send him back when I shall have examined whether he be the messenger of good or of evil. At any rate you connot be accredited any longer as the representative of that nation, unless you produce the credentials which you have so often assured me were made out for you.'' Famin then offered the Sapitapa to double tlie rent of his house, if he would consent to let him cut down the American flag and remain in it. The Sapitapa inclined both towards Famin and the rent : but his ambition of having the American flag flying upon his liouse, overcame his avarice and his friendship. After my arrival, Famin took every occasion of my absence from Bar do, to be thci^e ; and to iuforce the idea of the infidelity of the United States. Said they were tlie d'lpes of Algiers ; that their Consul v/as nothing but a vice Consul, subject to the Consul general at Algiers, and only placed here as a spy : that the Consul general was no other than a slave to tlie Dey of Algiers, wlio merited rather to be coiisid- 138 LIFE OP ered an instrument of the Dey than a foreign minis- ter : and that he had actually consigned the vice Con- sul here to Bradi, the Algeriue Vickil. To which the Bey answered, " Patience ! time proves all things. I must receive the proper minis- ter of the American Prince." This chamberlain is the humble friend of the Bey, who has been twenty two years in this service ; and, though his freedom has been given him, he prefers his place to returning to Europe. He is harmless, friendly, and generally silent : but is vulnerable in his head ! Jan. ist, 1800. On the 27th December, I received a letter from Mr. O'Brien, inclosing a copy of a letter from Mr. Smith, at Lisbon, which stated that the frigates, U- nited States and Constitution, were about to sail for the Mediterranean in August last ; and that they were probably to have in charge the articles intended for the Regencies. Tliis information I immediately communicated to the Bey ; adding, that he should be satisfied that the regalia were under way : hoped it would arrive in January. Feb. ist, 1800. Sir, Since informing the Bey, by the authority of Mr. Smith's letter to Capt. O'Brien, that the articles in- tended for the regency of Tunis were under way, I have been only once at the palace. Tins audience was consumed in talking of the lengih of the voyage, inclemency of the season, and inconstancy of the winds. I have no doubt of amusing tlie JBey until certain intelligence arrive concerning the expected regalia ; provided this information arrive before the spring season invite the corsairs to sea. March ist, 1800. My last audience wit]i the Sapitapa assured him that our vessels, destined for the regencies, were ])ut in quarantine at J^sbun. I know not what to mnlce QEX. EATON. Igg my dernier resort. Tliis is an anxious moment. A storm is gathering. Nothing can be added to the voluminous reports already made on this subject. Unless something appear for us, a short time will prove that my conjectures have been but too accurate and my alarms but too well grounded. It is known at the palace that there are forty American merchant- men at anchor in the port of Leghorn : and seventy- four days have brought information from America of the death of the illustrious General Washington, via. Leghorn. These communications, and every other concerning us, are made by Famin to the Sapitapa. The conclusion is natural ; " the United States can as safely and as expeditiously send ships to Tunis as to Leghorn. March 8//z, 1800. The copy of a letter to Mr. Appleton, herewith inclosed, requires no explanation. It may suggest to the department of State whether there would not be a propriety in cautioning the Consuls of the Unit- ed States against too liberal a diifusion of the privu leges of American citizenship. It is not impossible, however, that Alberganty, a native Italian, may be among Judge M'K--n's American citizens, as he was certainly in Americti, Philadelphia, in I796, and is a blustering Jacobin. Policy has induced me to grant Famin a letter of protection ; but I have since obtained proofs so in- controvertible of his fraudulent negociation ; and have such evidence of his persevering intrigues to defeat the success of our measures with this regency ; that, the moment our affairs will admit of the step, I will withdraw that protection, denounce him at the palace, and to the world. This will arrest the prog- ress of his mischief as an American citizen, and will prevent his doing further injuries to us in a character which has attached to him more credit than his per- sonal merit. But it will draw upon me the full ex- ercise of his malignity. The most which can result from it is assassination ; to execute which, I do «ot 17 ISO LIFE Of doubt his disposition, if he had courage to attempt it A man, who could dance in the ruins, on hearing of t he assassination of his principal, Robespiere, may- be suspected of any thing. I am, however, at all times prepared against a ruffian. Herculais' com- mission was signed by Robespiere ; his measures here, were dictated by the French policy of that ty- rant's day : and Famin was selected, by Herculais, from among a hundred other Frenchmen, as the most suitable character to push those measures, and em- barrass the United States. There lives not unhung a character more false, a knave more abandoned, nor a villain more abject, than our cidevant agent, here. Mr. Barlow's faith in Herculais, and conse- quent confidence in his agent here, is, perhaps, a- mong the inexplicable errors to which good men arc sometimes incident. I waited on the Bey- yesterday. He permitted me to kiss his hand : frowned a menace, and said not a single word to me. Mr. Pickering to Eaton. Department of State^ Philadelphia J Jan. i^th, ISOO. SlE, I have reserved for a separate letter the Presi- dent's determination on the subject of the Jewels demanded by the Bey of Tunis. In his letter to the President, of which"^ I inclose you a copy, you v/ill see that he persists in his claims : but not in terms so decided as in his conversations with you. Perhaps it may be parried, or at least reduced to one half the amount. Since you wrote, you may have ascertain- ed what other powers, as well as Spain, have given on similar occasions. I am aware that the delay is unfavorable ; but if he ^vaits the arrival of the Hero, with her valuable cargo of naval and military stores, an earnest, besides, that the residue will come, I hope he will be softenecl ; and that you will citheT do a- way his claim or reduce it to a small value iu some GEN. EATON. ISl of the most conspicuous articles in his list. You will well consider how this affair may be best con- (kicted ; and act as you shall think most advanta- geous for the interest of the United States. It will not >do to lose our peace with Tunis for the value of these presents. You suppose the estimate to be ex- travagant : doubtless the articles are set at tlie Jew prices, and that for a much less sum, they may be procured from England. If therefore, you are com- pelled to give the presents, secure time enough to get them in England. Some must prol)ably be man- ufactured for the purpose : and the whole may re- quire a year to be procured. In the mean time, as he wants something to be seen, a few articles, most showy, may be procured at Tunis. If he objects to the proposed delay, you can answer that the Presi- dent felt a conMence, that on further reflection upon all circumstances in relation to the United States, he would relinquish the claim, and therefore did not give orders to provide the present, &e. fSignedJ TIMOTHY PICKERING. To William Eatox, JEsq. The PRESIDEiSTT of the UNITED STATES OF AMERICA, To HAMOUDA PACHA, BEY of TUNIS, THE WELL GUARDED CITY AND ABODE OF FELICITY. I HAVE received your letter of the 30th of A- pril 1799, answering to the 25th of the Moon Kaada, of the year of the Hegira 1S13 ; and take this occa- sion to express to you my thanks for the attention shown to my Deputies, William Eaton and James Leander Cathcart, who were charged to arrange anew with you some articles of the treaty of peace and amity between us. It gives me pleasure also tliat vou have received Mr. Eaton for tlie Consul of the 1^ LWB OF United States, and assured to him all the honors, dis- tinctions and prerogatives, which the Consuls of oth- er nations enjoy. I persuade myself that by his wise and discreet deportment he will shew himself alike worthy of your regards and of my confidence. Nothing could be more grateful to me than the expression of your desire, that in consequence of these final arrangements, a commerce solid and lucra- tive, might be established ; and that Almighty God would cause to reign, between our respective nations, a firm and durable peace. With respect to the time within which you re- quired that the stipulated stores should be delivered, I have charged Mr. Eaton to explain to you the im- possibility of a compliance : and will now only ob- serve, that of the six months proposed for that pur- pose, four had elapsed when your letter and the Consul's dispatches arrived : and then a pestilence, raging in some of our principal cities, by causing the inhabitants to flee to the country, and suspending business, rendered delays unavoidable. But you may rest fissured, that the engagements I have made with you, in behalf of the United States, will be per- formed with perfect good faith ; and all the stipulat- ed naval and military stores be delivered, with as much dispatch as the great distance of the United States, and the time necessary to procure the stores, render practicable. Your clear and eminent discern- ment will see the reasonableness of these observa- tions ; and your regard to justice will give them their due weight. With sentiments of high consideration , I remain your good friend. Done at Philadelphia, the i5th day of January 1800, and of the Independence of the United States the twenty fourth year. JOHN ADAMS, By the President, Timothy Pickeking, Secretary of State. GEN. KATOX. 133 March Mst, 1800. To Mr. Pickering, Sib, ON the 24th instant I received your communica- iions by the Sophia, and early the next morning went to the palace. After waiting some time in the antichamber, on account of the indisposition of the Bey, who had been nine days dangerously ill of a billious putrid fever, I was admitted to an audience ; passed the usual formalities and retired into tlie cham- ber of the Minister, (Sapitapa.) I stated to him that 1 had yesterday received interesting intelligence from the government of the United States, among which was a letter from the President to the Bey ; and desired to be informed when, if the Bey's health would admit, I might make a foj-mal communica- tion ? '' Do you take us to be dupes ?" said he. ^^ You have at one time shewed us letters from your minister at Portugal, at another from youi' Consul general at Algiers ; at another from your Consul at Leghorn : at one period your regalia were under convoy of two frigates ; at another in quarantine at Lisbon ; and then we are placed at our windows with our spy- glasses looking for the arrival of vessels wliich sail in air. We are no longer to be amused- It is not necessary that you take the trouble of a. formal com- munication. I now candidly advise you, (a measure which has long since been resolved upon,) that the Corsaires* now bound on a cruise have orders to bring in Americans : and for this purpose, they are ordered to cruise off the coast of Spain and Portu- gal.'' I began an explanation on the inaccuracy of my former communications. He interrupted me, and re- peated, that the measure was resolved, and that ex- planations were needless. * Three in number: two. the property of the Bey, of 26 guns each : one of the Sapitapa, ot 20 guns. 134l LIFE OF I regretted that our countrymen should be set up- on each other to shed blood. But, if there were no alternative ; no exji4anation to be had : I could only- lament the calamity with the sad consolation of hav- ing used my best efforts to avert it. I would how- ever inform" him, with as much candor as he appriz- ed me of the resolution, that I had, long since, plac-, ed my countrymen on their guard against this event : that our merchantmen were well armed and manned : that I would vouch for their defending themselves, for that they were not novices in war, and despised slavery. His attention was arrested. I changed my position, and took up the explanation. That the communications I had before made, were unofficial, predicated upon letters from our ministers and con- suls, whose concern for the peace of their country in- duced them, perhaps, to place too implicit reliance upon incorrect information. This I now ciFered was direct from our government, including a letter from our President, addressed by his own hand to the prince of this Regency, accompanied by the trea- ty formally ratified, and assurances from the Prime Minister, that a large ship was now under way for Tunis, laden with naval and military stores : that these dispatches also authorized me to meet the de- mand of the Bey for jewels in a manner which, I hoped, would be satisfactory to him. " It is very well ! This looks a little more like truth," said the minister : " but we will not aiTest the cruise. If we make captures of Americans, we Mill send the Christians (meaning crews) to your house ; your vessels to Porto I^'arina ; and their car- goes we will safely store. They shall be held in se- questration a given number of days, in expectation of the arrival of your regalia so much talked about ; . on failure of which, they shall be good prize/' I answered, that a step of this kind, if it went on- ly to secure the fulfilment of our obligations, would