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THE NATIONAL REGISTER.
[Vol. VII Printed and Published, every Saturday, by Lawrence, Wilson, & Co. at five dollars per annum.
Will the United States, then, in addition to a Contents of this No. of the National Register. bankrupt law for traders, pass an insolvent law ORIGINAL.-Decisions of the Supreme Court, 145.-Adjourn- || for all the other classes of the community? Or
European Politics, 160-Items of News, 160-South Ame- does the supreme court mean, by its opinion,
rica, 160.-Ship of the Line, 160-Col. Tatham, 160. that neither the states nor Congress can free SELECTED.-Documents accompanying the letter of Mr.
Adams to Mr. Erving, relative to the seminoie war, 140. || anything but thc body of a mere insolvent who -Proceedings of Congress, 153.–Biography-Sketch of the Life of col. Wm. Tatham, 156.-Miscellany-Island of
is no trader, from liability to compulsory process. Cuba 158.-Longevity, 158.-Navigation, 158.-Lancaster and Clay, 158.-Notice to Baltic Traders, 158.--Foreign
We hope the decision of the court may not inAffairs-Great Britain–Increase of the British Navy, 152 || volve an inconsistency; and we presume it does Home Affairs -Michigan Statistical View of Detroit, 159. Louisiana --Honor to Jackson, 159.-Army, 159. -Selected not: But, of this, we shall be better enabled Poetry-The Victory, a song, 159.
to jridge when we have an opportunity of perus
ing the opinion itself, a copy of which will, we Decisions of the Supreme Court. understand; be laid before the public in a few Some of the decisions of this learned tribunal, || days. during the present term, are of the very first im- The other decision to which we allude, and portance. Two of them, in particular, force which, we believe, took place this day is that themselves upon the public aitention, from the in the case of the state of Maryland against consequences which must necessarily attend them. M'Culloh, in which the opinion of the supreme One of these is the decision that the state autho-court was given against the assumed right of a rities have not the power, in the case of their state legislature to tax the Bank of the United passing insolvent laws, to exonerate any thing but ||States. This is a very interesting adjudication, the persan from debt. Property, therefore, sub- and will not fail to throw the friends of the state sequently acquired, either by descent or by in- banks into a fever. We may calculate, hencedustry, remains subject to execution, for princi- || forth, that the contest between the national and pal and interest, whenever it can be found in the state banks will go on, to the great depreciation possession of the person who has availed himself of a large portion of the paper currency, and of a state insolvent law. Much uneasiness has consequent loss to the community, until the one arisen, in many parts of the Union, from this opi- system of banking is rooted or nozzled out by the nion of the Supreme Court. Individuals who, other; and the sooner that is done the better. In years ago, have taken the benefit of insolvent such a struggle, we should hope, as the least of acts, by virtue of state enactments, and who, | two evils, that the Bank of the United States either by good luck, or attention to business, should prevail; for, in banking as in government, hare become rich, may well fear for their proper.
one tyrant may be better endured than two or ty, for it now lies, naked and exposed, to the she. three hundred. rifly or the marchals, under antiquated claims, which will doubtless revive with alacrity against
ADJOURNAIENT OP DAT them. Those who are liable to this reaction of The second and last session of the fifteenth justice seem to seek shelter under what are call. Congress was closed on Wednesday night, the ed acts of limitation, which bar compulsory pay-third instant, a few minutes after nine o'clock. ment if the sums due are not demanded within underwent dissolution, of course, at least two a certain time. This, however, is, in our opil hours before it was compelled to do so. The nion, but a slender protection for the unfortunate; members have been, in one or two instances, reand a great deal of vexation may be calculated || proached for having done little or nothing. But upon, from the malice and greediness of unsatis- | on a closer inspection of their labors, we find that fied creditors. But, under this decision of the they have enacted many laws of deep interest to Supreme Tribunal of the country, what are the nation. We have not been enabled to pro. wretched debtors to do? The states can exempt cure a list of them, for publication in this number nothing but their bodies from the harassing pur- of the National Register, but shall do so as soon suit of the law: The Congress, in making a bank- as possible. Among the acts approve i, however, rupt law, will include only the trading classes in we perceive one for the admission of a new state their act. There must, nevertheless, be power, || (Alabama) into the union; one for the erection of somewhere, to free debtors from the load of obliga- | a new territory (Arkansaw) beyond the river tions under which they may labor. If the power | Mississippi; one to prohibit the trade in negroes is not in the states, it must be in the United States. Il from Africa; one to protect the cominerce of the
United States, and to punish piracy, which must now suffer, more than our citizens, from the exhave a considerable influence in repressing the
istence of the fort and its garrison,
I also take the liberty of communicating such buccaneering so rapaciously carried on in the
intelligence, as I have been able to collect from American seas; one to authorize the President toll good authority, and which might perhaps be of take possession of the Floridas, as soon as the king of Spain ratifies the treaty of cession; une
The fort in question is situated at Bonavista, on
the eastern branch of the Appalachacola river, 15 appropriating ten thousand dollars for an effort
miles above its mouth, and 120 miles east of Pen. to bring into a state of greater civilization certain sacola. The river discharges itself into St. Indian tribes; and other acts, which are calculated George's Sound; and vessels, drawing not more
than 10 feet water, may come in between St. to promote the sale and settlement of the public
George's and St. Vincent's islands: the bar, howlands, to advance the administration of justice,
ever, is dangerous, and requires skilful pilots and the adjustment of public accounts. Seldom, The fort was constructed by Nicholls and Woodindeed, have we known Congress, in a time of bine; and the British occasionally resorted peace, transact so much business of the very first try, left it in the possession of a garrison, com
thither; but on their final evacuation of this counorder, and to so great an extent. The session posed of negroes and Indians, with four pieces of has likewise been marked, in its executive as- heavy ordnance, and 10,000 pounds of powder, pect, by the extinction, under the treaty-making minoles, and a great number of runaway negroes,
&c About twenty Choctaws, a number of Sc. power, of Indian title to vast tracts of fertile coun
are supposed to have been there some time ago; try; by the definition of the boundary between | but a great part of these brigands have abandonCanada and the United States, as well as that on
ed the fort, on account of scarcity of provisions, our southwestern frontier, and the acquisition of river in East Florida; whither they will, no doubt,
and have gone to Savannah (alias St. Joseplis) a great extent of sea-coast, by the cheap purchase | all retire, in case of an attack by land, as they have of the Floridas. The Philadelphia “Aurora” bas
a schooner, and several large boats, to make good frequently said that President Monnoe has been their retreat by sea, if not interrupted.
From this spot they can easily annoy our settlements guided by an evil genius. Whatever, or whoe.
on Flint river, and the whole Georgia frontier, and ver,
that genius may be, it is due to truth and are in a country where they can procure subcandor to say, that more has been effected by ad- sistence with facility. ministration, within the last two years, for the 4 defenceless The garrison consists of from 80 to
Pensacola itself, is, I can assure youi, entirely happiness, prosperity, and grandeur, of the Amer.
100 effective men, exclusive of a battalion of coican republic, than, with the exception of the lored troops, say about 150 men, of whom the intriumphant war waged under Madison's adminis- habitants themselves stand in constant dread. tration and the acquisition of Louisiana under | They have about 150 serviceable muskels, about
500 musket cartridges, and not enough gun powe Jefferson, has been procured for the United der to fire a salute: one gun was mounting at BarStates since the acknowledgement of Indepen. rancas on the day ! left there. To this is to be dence and peace in 1783.
added, the dissatisfaction of the inhabitants, and even of a number of the officers of government,
and the desire of a majority, to see a change efDOCUMENTS
fected. I must not forget to present to you, on Accompanying the letter of Mr Secretary Adams the part of the governor, the thanks of the inhubi.
to Mr. Erving, the minister of the United tants of Pensacolo. for the promphery und rumane States at Madrid, in relation to the invasion of coniluct of the army under your cominand at PensaFlorida and the execution of Arbuthnott and cola; and I verily believe their professions to be Armbrister.
sincere. No. 16.
The governor also, on my mentioning in conReport of caplain Amelung to general Jackson. versation, that I was persuaded you would willing
New Orleans, June 4th, 1816. ly assist in destroying the fort, said, if the object SIR,- In obedience to your order, received on was of sufficient importance to rquire the prethe 6th of May last, I proceeded the next day for sence of general Jackson, he would be proud to Pensacola; but owing to adverse winds, (having | be commanded by you; and that if the captain to wait 12 days at the bay St. Louis) i only arriveci general of Cuba could not furnish him with the at that place on the 24th May. was received necessary means, he might perhaps apply to you and treated with great attention, by the governor for assistance. and his officers, and afier receiving his answer to Having nothing further to add, I remain, very your letter, I left there on the 27th, and arrived respectfully, your obedient servant, here on the 2d instant.
VERO Z. AMELUNG, I have the honor to transmit herewith the an.
Captain 1st Infantry. swer of the governor, which I think embraces all A true copy-JAMES T DENT, the points, touched upon in your letter; and also
Judge Advocate Division of the South, take the liberty to subjoin a translation thereof; as it might happen, that no person is near you,
No. 17. understanding the Spanish language. I am firmly General Jackson to the Secretary of War. of opinion, that the governor asserts the truth in liis cornmunication; and am convinced, that the
Nashville, June 15th, 1816. inhabitants of Pensacola bave suifered, and do Sir, I have this moment received the answer
of the commanding officer and governor of Pen- hing about building of these forts. Did you know sacola, to mine of the 23d of April, which I haste nese things, and keep them hid from me? We to forward for your information, as well as the old our friend Hawkins, we would hold a meetcopy of the report of captain Amelung, of the 1s. ing at this place on our way down. We were at infantry, who was the bearer of my letter. I send the fort at Summochichoba, built by the commandyou the original, retaining a copy in English, for-ng officer—that he had orders to build three forts. warted to me by captain Amelung.
Our friend Hawkins told us to go down to the f rt The answer bears the marks of candor, and of the blacks, and take them out of it, and give breathes the spirit of friendship; and as those ma- them to their masters, which we are at, at this pre. rauders on our frontier are acknowledged official- sent, when we have heard of Jackson's orders about ly, as rebels against the government of Spain, there building these forts—we hear of your meeting at can be no fear of disturbing the good understand. | Tuskeegee We hope you will detain the forces ing that exists between us and Spain, by destroy at the places thev are at, at present, and wait on ing the negro fort, restoring to the owners the the Indians, as I am sure they will be able to setnegroes that may be captured.
tle every thing; but all the chiefs are not vet met: The 4th and 7th infantry will be sufficient to you know that we are slow in our movements. I destroy it; a few troops from the 1st infan'ry, with spoke to the commanding officer at Summochi. a small naval force, will prevent their escape and choba. He will read this, and write it off on a capture those vessels, named by captain Amelung clean sheet, and send it on to the commander in in his report. I shall await your order, on this sub-chief and colonel Hawkins. I beg you will send ject, which shall be promptly obeyed and erecuted. me back an answer, and a sheet of paper, and a I am respectfully,
little ink, in order to enable me to write you again, Your most obedient servant,
If it should be necessary.
I remain your friend,
A true coy--Rob. R Ruffin, The Hon. Wm. H Crawford,
Lientenant Artillery. Aid-de-camp. Secretary of War.
Wrote as spoken by William Hambly,
26th April, 1816.
(Signed) W.S Pendleton.
General Gaines to colonel Clinch. Sir, I have just now received a letter from Head Quarters, Fort Montgomery, M.T.2 lieutenant colonel Clinch, dated near the mouth
23d May, 1816. of Summochichoba, the 26th instant, enclosing a Sir, - Your letters up to the 9th instant, have communication from the Little Prince, a copy of been received. The British agent Hambly, and which I enclose herewith.
the Little Prince, and others, are acting a part, This chief is on a tour down the river to visit which I have been at a loss for some time past to the Seminole chiefs near the Apalachacola. understand. Are they not endeavoring to amuse
The ostensible object of the visit was to adopt and divert us from our main object? Their tricks, measures to take the Negro fort; and as colonel if they be so, have assumed a serious aspect, and Hawkins had confidence in the promises of the may lead to their destruction; but we have little Indians to effect this object, I sanctioned a requi- to apprehend from them They must be watched sition for supplying them with three hundred with an eye of vigilance. The post near the bushels of corn, to serve as rations. That I have junction of the rivers, to which I called your atlittle faith in their promises I will not deny; buttention, in the last month, must be establised it seemed to me proper to encourage them in the speedily, even if we have to fight our way to it prosecution of a measure which I felt persuaded through the ranks of the whole nation. would, if successfut, be attended with great bene. The surveyors have commenced laying off the fit to our southern frontier inhabitants, as well as land to be sold and settled; and they must be prothe Indians them elves.
tected The force of the whole nation cannot ar. I have the honor to be,
resyour movement down the river on board the Very respectfully,
boats, if secured up the sides with two inch plank, Your most obeclient servant,
and covered over with clapboards; nor could all (Signed) EDMUND P. GAINES. the nation prevent your landing and constructing The honorable William H. Crawford,
a stockade work, sufficient to secure you, unless Secretary of War.
they should previously know the spot at which
you intended to land, and had actually assembled No. 18 b.
at that place previous to, or within four hours of, Talk from the Little Prince, Tustunnuggee Hopoy, your landing; but your force is not sufficient to
to the command: of the United States' forces in warrant your march to the different villages, as the Indian nation.
suggested, by land. The whole of your force, S1x, Jackson and Hawkins spoke to us, and (except about forty men, or one company, for the told we vere their children. At the Tuskeegee defence of fort Gaines.) should be kept near your meeting, you told us you would have the land as buats and supplies, until the new post shall be esfar down as the summochichoba; but we chiefs Lablished. You may then strike at any hostile did not agree to it: you did not tell us then you warty near you, with all your disposable force; would build forts along the river bank down to but, even then, you should not go more than one the fork, but we heard since you issued orders to or two days, march from your fort. that effect. We do not think it friendly for one If your supplies of provision and ammunition friend to take any thing from another forcibly. I have reached you, let your detachment move as The commander and Hawkins did not tell us any l directed in my letter of the 28th of last month.
You can venture to move with twenty five days || purpose have to request your co-operation; should rations, but you should order a supply to the you feel authorized to detach a small gun vessel agency, or fort Gaines, where a boat should be or two, as a convoy to the boats charged with our built, and held in readiness to send down, in case | supplies up the Apalachicola, I anı persuaded that any accident should prevent or delay the arrival | in doing so, you will contribute much to the bene. of a supply which I have ordered from New Or. fit of the service, and accommodation of my im. leans.
mediate command in this quarter: the transports I enclose you an extract of a letter containing will be under the direction of the officer of the an arrangement for the supply, by water, and gun vessel, and the whole should be provided have to direct that you will provide a boat, and against an attack by small arms from shore. To despatch it with an officer and fifty men to meet | guard against accidents, I will direct lieutenant cothe vessels from New Orleans, as soon as you are lonel Clinch, to have in realliness, a bont sufficient 10 advised of their being on the river. One of your carry fifty men, to meet the vessels on the river and large boats will answer the purpuse, provider, you assist them up. have no barge or keel boat Should the boats meet Should you find it to be convenient to send .a with opposition, at what is called the Vegro Fort, ar. convoy, I will thank you to inform me of the date ranzuments will immediately he mude for its destruc: l of its departure, and the time which, in your judgtio, and for that purpose you will be supplied ment, it will take to arrive at the mouth of the with two eighteen pounders and one howitzer, river (Apalachicola.) with fixt ammunition, and implements complete, Enclosed you will receive the best account I to be sent in a vessel to accompany the provision can give you, from the information I have receive I have likewise ordered fifty ihousand musketed, of the Negro fort upon the Apalachacola. cartridges, some rifles, swords, &c. Should you Should we meet with opposition from that fort, it shall be compelled to go against the Negro Fort, you will be destroyed: and for this purpose the commandlund at a conrenient point above it, and force a com- ling officer above, will be ordered to prepare all munication with the commanding officer of the ves- his disposable force, to meet the boats at, or just sels below, and arrange with him your plan of attack. below, the fort, and he will confer with the comUpon this subject, you shall hear from me again, manding officer of the gun vessels, upon the plan as soon as I am notified of the time at which the of attack. vessels will sail from New Orleans.
I am, with great consideration and esteem,
Your obedient servant,
(Signed) EDMUND P. GAINES, (Signed) EDMUND P. GAINES,
Major general by brevet.
commanding New Orleans station. or officer commanding on the Chattahooche.
No. 21. A true copy.-Rób. R. Ruffin, Aid-de-camp.
Commodore Patterson to lieutenant commandant
New Orleans, 19th June, 1816.
Sir,-The enclosed copy of a letter from major Fort Montgomery, May 22d 1816. general Gaines, commanding the United States SIR,-By a letter I have received from lieuten- | military forces, in the Creek nation, fully informs ant colonel Clinch, commanding a battalion of the you of his situation and his expectation of imme. 4th regiment infantry, on the Chatahoochie, I learn diate commencement of hostilities on the part of that in the early part of the present month, a party of those Indians. Indians surprized and took from the im.nediate vicin. In consequence of the information contained in ity of his camp, two privates sent out to guard a that letter, I have promised the convoy therein drove of beef cattle, purchased for the subsistence requested; you will therefore take under your of the troops. The cattle, amounting to thirty 1 command, gun boat No. 149, and with that letter head, were also taken; the Indians were puisuel | for guide, convoy the transports, with ordnance, forty five miles, on a path leading to St. Marks, provisions, &c. up the Apalachacola and Chattabut being mounted and having travelled all night, boochie, to such point or points as may be reescapeu with their prisoners and booty.
quired, if practicable; should you meet with opposiThis outrage, preceded by the murder of two of tion from the Negro fort, stated as stated in the our citizeus, Johnson and M Caskey, by Indians | letter on the former river, the military commanding below the lines, and followed by certain indications Officer will have orders to destroy it, in which you of general h stility, such as the war ilance, and will co-operate; the plan of attack to be concerted drinking war physic, leaves no doubt that we shall between yourself and him; the transports will be be compelled to destroy the hostile towns.
Having advised with the commander in chiefly, bringing with yo:1 the transports.
Schooner Semilante, laden with ordnance. * Note-Thirty thousand rations have been ordered from
General Pike, New Orleans up the Apalachicoia, and commodore Patterson
provisions. requested to send a convoy of one or two gan vessels.
By late information the Negro fort mounts only
six pieces of cannon, with about one hundred men On the 17th, at 5 A. M. I manned and armed a in and about it, planting corn, and I apprehend no boat with a swivel and musketry and four men, opposition from them whatever; in the event of your and gave her in charge midshipman Luffboremaining to act with the army, you will commu- rough, for the purpose of procuring fresh water, nicate with me by mail, through general Gaines. || having run short of that article. At 11 A. M. Should the boat mentioned in general Gaines's sailing master Bassett, who had been on a similar letter not meet you prior to your arrival, at or expedition, came along side with the body of John near the Negro fort, and you have cause to ex- Burgess, O. S. who had been sent in the boat with pect opposition, you will wait her arrival before midshipman Luftborough; his body was found near you attempt to pass it.
the mouth of the river, shot through the heart. Very respectfully,
At 4 P. M. discovered a man at the mouth of the Your obedient servant,
river on a sand bar; sent a boat and brought him (Signed) DANIEL T. PATTERSON. on board; he proved to be John Lnpaz, O. S. the Lient. Comt. Cha, E Crazoley,
only survivor of the boat's crew sent with midUnited States' Cuiter Fox.
shipman Luftborough He reports, that on enter
ing the river, they discovered a negro on the No. 22.
beach near a plantation; that Mr. Luffborough or. Commodore Patterson to J. Loomis. dered the boat to be pulled directly for him, that
New Orleans, June 19th, 1816. on touching the shore he spoke to the negro, and Sir,—The enclosed despatch for lieutenant directly received a volley of musketry from two divi. commandant Crawley is transmitted under coversions of negroes and Indians, who lay concealed in to you, lest he might not arrive at the Pass Chris-the bushes on the margin of the river; Mr. Lufftian, by the time the transports laden with ord. || borough, Robert Maitland, and John Burgess, nance, provision, &c. mentioned to you verbally I were killed on the spot; Lopaz made his escape when here, shall arrive and be ready to proceed || by swimming, and states that he saw the other to their place of destination, in which case you seaman, Edward Daniels, made prisoner. Lopaz will consider them as addressed to you and act ac. || supposed there must have been forly negroes and cordingly; in that event you will take under your Indians concerned in the capture of the boat. command gun boat No. 154, together with the On the 20th July, I received by a canoe with transports, and proceed in execution of these in- | five Indians, despatches from colonel Clinch, ad. structions:
vising that he had arrived with a party of troops In the performance of the duties therein pointed and Indians at a position abcut a mile above the out, it will be necessary io act wiih vigor and jurig- | negro fort requesting that I would ascend the ment; and you will refrain from any act of hostilities || river and join him with the gun vessels He furagainst the Spanish force, or violation of their rights ther informed me, that he had taken a negro bearand laws. You will make no delay in your deparing the scalp of one of my unfortunate crew, to ture from the Pass Christian, after the arrival one of the unfriendly Indian chiefs. On the 22d, there of No. 154 and the transports.
there was a heavy camionading in the direction Very respectfully,
of the fort. On the 23d, I received a verbal mes. Your obedient servant,
sage from colonel Clinch, by a wbite man and two (Signed) DANIEL T. PATTERSON, Indians, who stated that colonel Clinch wished Sailing master Jarius Loomis,
me to ascend the river to a certrin bluff, and commanding U.S. gunboat, No. 149.
await there until I saw him. Considering that by
so doing, in a narrow and crooked river, from No. 23.
both sides of which my decks could be coinmand. J. Loomis to Cominodore Patterson.
ed, and exposed to the fire of musketry, without Bay St. Louis, 13th August, 1816,2 l enabling me to act in my own defence; and also,
U. S. Gun Vessel, No. 149. S that something like treachery might be on foot, SIR.-In conformity with your orders of the from the nature of the message; I declined acting, 24th June, I have the honor to report, that withi | retained the white man and one of the Indians as this vessel and No. 154, sailing master James Bas- || hostages, and despatched the other, with my reasett, I took under convoy the schooners General | son for so doing, io colonel Clinch, that his views Pike and Semilante, laden with provisions and and communications to me in future must be made military stores, and proceeded for Apalachacola || in writing, and by an officer of the army river; off the mouth of which we arrived on the Lieutenant Wilson and thirteen men joined me 10th July. At this place I received despatches on the 24th to assist in getting up with the transfrom lieutenant colonel Clinch, commanding the ports; he likewise informed me that colonel Clinch 4th regiment United States infantry, on the Cha-| had sent the canoe the day before taloochie river, borne by an Indian, requesting On the 25th I arrived with the Convoy at Duello me to remain off the mouth of the river, until he ing Bluff, about four miles below the fort, where could arrive with a party of men to assist in get. I was met by colonel Clinch; he informed me that ting up the transports; desiring me also, to detain in attempting to pass within gun shot of the fortiall vessels and boats that might attempt to de- fications, he had been fired upon by the negroes, scend the river.
and that he had also been fired upon for the last On the 15th, I discovered a boat pulling out of four or five days, whenever any of bis troops apthe river, and being anxious to ascertain whether peared in view; we immeditely reconnoitred the we should be permitted peaceably to pass the fort, and determined on a site to erect a small fort above us, I despatched a boat with an officer battery of two eighteen pounders to assist the gun to gain the necessary information; on neari her, | vessels to force the navigation of the river, as it she fired a volley of musketry into my boat, and was evident from their hostility we should be immediately pulled in for the river; I immediate obliged to do. ly opened a fire on them from the gun vessels, but On the 26th the colonel began to clear away with no effect.
the bushwood for the erection of the battery; be