Gazette Of The United States, & Philadelphia Daily Advertiser

FROM THE NEW YORK GAZETTE.

MR. Lang,

As the real cause of the resignation of that truly valuable and gallant officer, Capt. Truxton, is generally misunderstood, I sir, send you the annexed copy of a Letter from that gentleman, enclosing a candid statement of his case from himself.

ONE OF YOUR READERS.

New-York, Aug. 27th, 1799.

COPY of a Letter from Capt. Truxton, to a gentleman in New-York, enclosing one from him, to a gentleman in Norfolk.

Perth Amboy, 24th Aug. 1799

My Dear Sir!

I WAS so busily employed on board the Constellation, arranging matters for Capt. when your letter came to hand, that I could not then find time to answer; and since I landed here, last from Sandy-Hook, have had but few moments in which I have found myself disengaged in matters that materially concern me.

On the subject of my resignation, as it was unexpected, I have received a volume of letters, making enquiry as to the cause -To answer them all at full length, would be constant employment for a week; therefore, I enclose you a copy of one answer, written to a friend of mine at Norfolk, which I expect will justify my conduct to you and him.

I do not think I shall visit New. York until I return from a short tour I contemplate making in the country, merely for the sake of exercise, when I shall be happy to see you. In the mean time let me hear from you—and believe me always yours,

With real friendship and esteem!

THOMAS TRUXTON.

(Copy.)

Perth Amboy, New Jersey, Aug. 19.

DEAR SIR,

I have received your letter by Capt. Armstrong, to whom I delivered up the command of the Constellation, in the Road of Sandy-Hook, last evening. As you have requested of me, a statement of the cause of my resignation, as far as I could consistently give it, I will readily comply with your desire, for I can, consistently, relate the whole cause, and every circumstance of it, there being nothing in the dark; and I am not ashamed of any part of my conduct:- No, Sir, I put all my enemies at defiance.

In the year 1794, an Act of Congress was passed for building six frigates, for a particular purpose, which act set forth; that in case of a peace taking place between the United States and the Regency of Algiers, all further proceedings should cease under that act. In consequence of this Law, six captains were appointed, and the operations commenced for building the ships, under the superintendence of a captain to each frigate; but some time after the work had progressed considerably, the peace, restricting the further proceeding of building, took place, and the whole business was stopped agreeably to Law: but, another Act, after a great struggle in the House of Representatives, was soon passed; empowering the President to continue the building of three frigates, and pay, and rations, were provided for the cap. tains only; and those three (Barry, Nicholson, Truxton,) were commissioned, and their commissions numbered, 1. 2. 3. in the above order, and Registered accordingly by Directions of President Washington. The pay and subsistence of the other three (as they had become deranged officers) then ceased, until affairs of our Nation called for an aug- mentation of the naval armament, in 1798; when the President nominated them a second time to the Senate, who gave advice and consent to their appointment; consequently their Commissions could only bear date in 1798, as part of the permanent naval establishment-and their first appointment having died a natural death with the law that gave birth to them.

It may again be said, as it has been argu- ed, that the suspension of the functions of an officer, is no deprivation of his office; or that shaking down the apples, is not cutting down the tree. This is all true, and will hold good where the law is alive to continue the office; but, whenever a law, by which an office is created, dies, all ap- pointments (not continued by another under it, must die also: for a chief magi- strate, cannot, by our Constitution, conti- nuue an office, beyond the life or existence of the law; and the derangements in our army, and subsequent appointments of old officers therein, give abundant proof of this fact; and in the case of Talbot, the very case in question! you see that the President would not risque the employment of him, on board a ship of war in the navy, until he nomi- nated him a second time to the Senate, and had their advice and consent to his ap- pointment.

Thus, Sir, you have, agreeable to your request, the whole story, told with candor and in as concise a manner as possible. And I now leave you to judge, whether I could as an officer, without despising myself, have done otherwise than resign; and I also leave you to judge of my feelings, after five years faithful service (of the best part of my life) attending the building of a ship of war, near two hundred miles from my fami- ly, and being constantly employed on board her in active scenes at sea, since she was fitted and manned for making domestic peace and happiness-incurring disadvantages in private pursuits, and loss of many thousands of pounds, far beyond the prize money I have acquired, & the emoluments received from the service, which I am ready to shew if necessary, and to prove: but this is not all, I am finally left, to commence a new employment, and to set aside all the arrange- ments I had made for spending my life, in a service I was devoted to.

But, Sir, it was much better for me to be thus chagrined and deranged, in pro- spects I had in view, and to suffer a multi- tude of disadvantages, other than I have enumerated, than one tittle of my honor should be tinged, by submitting with tameness and pusillanimity to that injustice which I feel--injustice, which every palpitation of my wounded soul tells me, is incomprehensible - but, sir, I swear, by that long friend- ship that has subsisted between us, that I shall forever feel, as a true American ought to feel; and the last drop of my blood I will readily spill, at any time, by sea or land, for the preservation of the honor and inter- est of my grateful country, for such I ac- knowledge to have found it to me, in a va- riety of instances-but one exception has separated me from its service.

It would, at this time, perhaps, be impro- per for me to communicate to you, any opinions of the officers of the government that have come to my knowledge, on the subject in question. I Shall, therefore, only say, that in a letter from the Secretary of the Navy to me, dated the 15th June last. he says "My Register stands Barry-- Truxton--Talbot--captain Nicholson, on employment here, and is satisfied."

This gentleman (the Secretary) has beha- ved throughout the whole business, with the feelings of a true soldier, on the very delicate subject before us, and it is due to him, that I acknowledge it.

I am, with sentiments of regard, your friend and very humble servant.

(Signed) THOMAS TRUXTON.