lar command at Colerain, where the trading post should be..

Captain EATON's punctuality likewise, in giving information of the situation of this frontier, was another source of bitterness; as heretofore, there had seldom been any reports of the kind, not clothed with partiality.

This, Col. Gaither might naturally enough imagine, might amount to a reflection on him.

This must have been his idea: for he commanded Capt. EATON to make no reports, although the Secretary of War had given instruction that he should. From a number of reasons, it was supposed by the Col. and his confederates, that his sacrifice was necessary 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 enquiry, and once verbally. This was his legal right, and this would 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 members; 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. Ensign M'Call was the only person who appeared to me unprejudiced. I was a member of the court myself; and although my oath restricts my mentioning the opinion of any particular member, as to the decision, yet it is not a violation to say that there was the most ostensible partiality; and that more anxiety and exertion were discovered to give propriety,

duty, and honesty, the colorings of their opposites, than that truth should have its influence.

:

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 five 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-what I am not at liberty to say, being a member of the court, and as the sentence is not yet approved of by the Col. Commandant."

It appears also from the petition of John F. Randolph, and twenty nine others, heads of families living in the vicinity of Colerain, addressed to the War Department, that Capt. EATON had given great satisfaction to the neighborhood, by restraining his soldiers from plunder as the petitioners, after his removal, complain of the atrocious 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 proeeedings of the court martial to the Secretary at War and ordered EATON to the seat of government, after this long confinement.

On arriving at Philadelphia, in December, Capt. EATON presented himself to the Secretary at War, desiring to know what standing he then had. The Secretary informed him that the 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 commission from the Secretary of state, to execute the

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 New York, and arrest Doctor Nicholas Romayne and his papers. This duty was immediately performed. EATON left Philadelphia on the morning of the 10th July, and secured Romayne and his papers, before 3 o'clock the next morning, and brought him to Philadelphia at 2 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 dispatches for Mr. Gerry, then in Cambridge, who was about to sail for France; which were delivered according to their address.

The autumn EATON spent in Brimfield; and the winter in a journey to the Ohio; whence he returned to Brimfield 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 depart, 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 Hassan Bashaw, an armed brig of 275 tons, mounting eight six pounders, destined to Algiers; the Skjoldabrand, 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 arrearages of stipulation and present dues.

James Leander Cathcart, appointed Consul at Tripoli, and his Lady, took passage in the Sophia with Mr. EATON.

In the month 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, 1798, and ratified, with the exception of the 14th article, which was in these words.

"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 coming from the United States or elsewhere, shall pay ten per cent duty. Such as may be laden by foreigners on board of American vessels coming from any place whatever, shall also pay ten per cent duty. If any Tunisian merchant wishes to carry merchandize 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 14th 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

inserted by Famin with an expectation of deriving for himself great commercial advantages by opening a direct trade from Tunis to this country: or that the Bey and his chiefs, either aware of the effects 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 States; and that the United States, in order to get it expunged, would offer the Bey an additional 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 other 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 being left to the pleasure of those saluting.

The following is Mr. EATON's Letter of Credence.