THE NATIONAL REGISTER.

[N o. 3

tinued, the governor is called upon to justify his the surrender of York. The resolution directed
conduct."
also the inscriptions, that it shall be executed by
the best artists, &c. &c ]

From the Providence American.
The ship Morning Star, Wheaton, of this port,
lately arrived at New Orleans, is said to have
made the shortest passage ever known from New
York to the Balize. The following is a summary
from her journal:
From Sandy Hook to the Hole in the Wall, 120
Hours
Lying to, with a gale at West,
From Hole in the Wall up with Havana,
From off Havana to the Balize,

LITERATURE AND THE ARTS.

AMERICAN GENIUS IN LONDON.

48

48

176

292

A new tragedy, by John Howard Payne, Esq. is offered for rehearsal at Drury Lane Theatre, London. The subject is the Judgment of Bratus, condemning his son; and report speaks very well of the piece.

Congress of the United States.

SENATE.

finally decided in the affirmative, as follows:
The motion produced a short debate, and was

YEAS-Messrs. Barboer, Burrill, Crittenden, Daggett, Eaton, Edwards, Forsyth, Fromentin, Gaillard, Goldsborough,, Horsey, Hunter, Johnson, King, Leake, Macon, Mellen, Morril, Otis, Palmer, Sanford, Stokes, Storer, Tait, Talbot, Taylor, Thomas, Tichenor, Van Dyke, Williains, of Tenn.-30. NAYS-Messrs. Lacock, Morrow, Noble, Roberts, Ruggies, Smith.-6.

Mr. Talbot, from the committee on finance, re. ported a bill supplementary to the act concerning the coasting trade, which was read.

The President communicated three several reports from the Secretary of the Navy, comprebending contracts with the Navy Commissioners, the names and salaries of clerks in that office, and the expenditure and application of moneys in that

department.

The President also communicated a letter from Wm. Lambert, of Washington, transmitting fifty copies of abstracts of calculations for ascertaining the longitude of the Capitol, from Greenwich observatory.

Mr. Sanford submitted the following motion: Monday, January 11. Among the petitions presented to-day, was one Friday, January 8. Resolved, That the attorney general procure and lay before the Senate, at the commencemeut by John Mason and others, of Georgetown, pray-which may be depending, on the of ther next sessión, accurate lists of all the causes ing the repeal of the act which exempts the city in the several district and circuit courts, and in of Washington from taxes for county purposes day of The motion made by Mr. Johnson, on the 9th guishing therein civil and criminal cases, suits beultimo, to call on the Executive for the corresthe supreme court of the United States, distinpondence respecting the cession of the Floridas, the United States are parties; original causes and tween citizens of different states; suits to which was this day withdrawn, by him, on being called up, his object having been attained by the comcauses removed by appeal or writ of error; with munications subsequently made by the President. several courts; and such other statements or extimes of the commencement of the suits in the Mr. Johnson, from the committee on the pub-planations as may appear to him proper, to exhilic lands, reported a bill for adjusting the claims bit the actual state and amount of the business to land, and for establishing land offices in the depending in those several courts. districts east of the island of Orleans, which was read.

Mr. Otis submitted the following motion for consideration:

Mr. Goldsborough, agreeably to notice, obtained leave and introduced a bill to amend the char-States be requested to communicate to the Senate Resolved, That the President of the United ter of the city of Washington, which was read.

The Senate resumed the consideration of the bill for the more convenient organization of the courts of the United States; and, without deciding any question, it was postponed to Monday.

The act for the relief of James H. Clark was read the second time.

The Senate then resumed the consideration of the bill providing for the erection of a monument over the remains of general George Washington, where they now lie.

Mr. Barbour moved that the bill be recommitted, with instructions to report a bill appropriating money for the erection of an equestrian statue of general Washington, in conformity with the resolution of Congress of 1783.

his opinion, the public interest may permit to be any information in his possession, and which, in disclosed, relating to the seizure and detention of the property of American citizens, by the government of the island of Hayti, and the statement of any negotiation, or attempts at negotiation, to procure restitution.

report of the military committee, to whom an inThe Senate resumed the consideration of the quiry into the subject had been referred, declar for clothing the army in articles of domestic manufacture; inasmuch as, by a regulation of the ing it inexpedient to make any provision by law domestic fabrics in clothing the army, in cases War Department, a preference is now given to where they can be procured on reasonable terms.

[This resolution was passed on the 7th of August, 1783, and directs substantially that an eques- the committee on military affairs, "with instructrian statue of bronze be erected at the seat of tions to report a bill to authorize and require the Mr. Ruggles moved to recommit the report to government, that the general be represented in Secretary of War to supply the army of the Unitatoman dress, holding a truncheon in his righted States with clothing of domestic manufacture, hand, his head encircled with a laurel wreath; that the pedestal be of marble, on which to be represented in relief the following principal events of the war in which general Washington com-nufacture." manded in person, viz: the evacuation of Boston; the capture of the Hessians at Trenton; the bat- which resulted in the postponement of the subthe of Princeton; the action at Monmouth; and "ject to Friday.

in all cases where the same can be procured of
suitable quality, and on terms equal, (exclusive of
the cost of transportation) to that of foreign ma-
Some discussion took place on this motion,

The question pending was, on a motion made by Mr. Leake, when the subject was up before, to amend the bill by altering the boundary proposed in the bill for the new state, so as to transfer to the state of Mississippi all the territory west of Mobile bay and Tombigbee river, up to the Cotton Gin Port, which motion Mr. L. when he submitted it, supported in a speech of consi-the effective force of the army; of the different derable length

posts and garrisons where distributed; the number He was replied to to-day, succinctly, but com. of artillerists; the number and calibre of ordprehensively, by Mr. Tait; after which the ques- nance, &c. agreeably to the resolution of the Setion was decided against the amendment, as fol-nate of the 5th inst. The Senate resumed the consideration of the

YEAS-Messrs. Johnson, Leake, and Williams, of Mississip-bill further to suspend, (until the 31st day of

The president communicated, from the Secretary of the Navy, the annual statements of the Amongst other petitions presented this morning,|| United States' stock and bank stock belonging was one by Mr. Roberts, from Alexander M'Cor. to the navy pension fund; abstract of warrants mick, of the city of Washington, praying indem-drawn on that fund, and a list of the navy pens nification for losses sustained by the destruction|sioners, &c. of his property by the enemy, in the invasion of August, 1814.

dent of the United States, and Representatives to Congress.

The resolution was elaborately supported by Mr. Dickerson, and opposed at considerable length by Mr. Barbour and Mr. Forsyth.

The question was then taken on ordering the resolution to be engrossed for a third reading, and decided in the affirmative, as follows:

YEAS-Messrs. Burrill, Crittenden, Dickerson, Eaton, Edwards, Fromentin, Goldsborough, Hunter, Johnson, King, Lacock, Macon, Mellen, Morrill, Morrow, Noble, Otis, Palmer, Sanford, Smith, Stokes, Storer, Talbot, Thomas, Tichenor, Van Dyke, Williams, of Mississippi, Williams, of Ten-28. NAYS-Messrs. Barbour, Daggett, Eppes, Forsyth, Gaillard, Horsey, Leake, Roberts, Ruggles, Tait, Taylor.-11.

Thursday, January 14. Mr. Williams, of Tennessee, reported a bill for the relief of John A. Dix; which was read.

The report on the petition of R. B. Lee, was taken up and agreed to.

Mr. Forsyth offered for consideration the following resolution:

On motion of Mr. Wilkin, the committee on pensions and revolutionary claims were directed to inquire into the expediency of making provision for paying to the assignee of John Carman a quartermaster's certificate of 1782, for 209 dollars, with interest.

The engrossed bill for the relief of Thomas Hall Jervey, was read the third time, passed, and sent to the Senate for concurrence.

The House then again resolved itself into a committee of the whole, Mr. H. Nelson in the chair, on the bill making appropriations for the military establishment for the year 1819. The committee proceeded in filling up the blanks of the bill, receiving from Mr. Smith, of Md. chairman of the committee of ways and means, explanations of the different appropriations which he moved to insert in the bill." "Having gone through the bill,

States.

The committee next took up the bill "conResolved, That the judiciary committee be in-cerning the military establishment of the United structed to inquire into the expediency of prescribing by law the mode of quartering soldiers during war in the houses of citizens when the public exigencies may make it necessary, and the mode by which private property may be taken for public use, designating particularly by whose orders property may be taken, the manner of ascertaining its value, and the mode by which the owner shall receive with the least possible delay the just compensation for the same to which he is entitled by the constitution of the United

States.

Mr. Tait reported a bill for the relief of J. B. Timberlake.

The bill concerning the organization of the courts of the United States, for the establishing of a district supreme court, and the appointment of a new circuit judge, was taken up.

[The first section of this bill provides that, in addition to the present officers of the corps of engineers, that corps shall consist of one brigadier general, one lieutenant colonel, two majors, two captains, four first and four second lieutenants, to receive the same pay and emoluments as officers of the same grade in the corps of ordnance.]

Before the committee had gone through the bill, it agreed, on the notion of Mr. Bassett, and after some discussion of the question, to rise and report progress.

The committee rose accordingly, and reported the appropriation bill as it had been filled up and amended, and obtained leave to sit again on the unfinished bill.

The House then concurred in all the amend. After a debate, the question was taken on Mr. ments to the appropriation bill, except that which Roberts' motion, to recommit the bill with in-appropriates ten thousand dollars for extra pay structions so to amend it as to provide for the for soldiers employed in the construction and reappointment of one or more additional justices, pair of military roads. and so to alter the laws as to provide for the speedy administration of justice in the states of Kentucky and Tennessee-and decided in the nega

tive, as follows:

YEAS.-Messrs. Dickerson, Eppes, Forsyth, Lacock, Macon. Noble. Roberts, Sanford, Smith, Stokes, Taylor----11.

NAYS.-Messrs. Barbour, Burrill, Crittenden, Daggett, Eaton, Edwards, Fromentin, Gaillard, Goldsborough, Horsey, Hunter, Johnson, King, Leake, Mellen, Morrill, Morrow, Otis, Palmer, Ruggies, Storer, Tait, Talbot, Thomas, Tiche Van Dyke, Williams of Miss. Williams, of Ten.---25. The question was then taken on ordering the said bill to a third reading, and decided as follows:

nor,

took place which continued until a late hour, and On concurring in this appropriation, a debate in which Messrs. Pitkin, Storrs, Mercer, Smith,

of Md. Mills, Lowndes, Tucker, of Va. and Poin

dexter, took part.

Before deciding the question, and after once refusing to lay the bill on the table, and rejecting two or three different motions to adjourn, The bill was laid on the table; and The house adjourned to Monday,

Monday, January 11. Mr Sergeant, from the committee on Roads and Canals, to which was recommitted a bill authoriz-. YEAS.-Messrs. Burrill, Crittenden, Daggett. Eaton, Ed-ing the subscription of stock in the Chesapeake wards, Forsyth, Fromentin, Gaillard, Goldsborough, Horsey, Hunter, Johnson, King, Leake, Mellen, Morrow, Otis, Rug gies, Storer, Tait, Talbot, Tichenor, Van Dyke, Williams, of Miss. Williams, of Ten.---28.

NAYS-Messrs. Barbour, Dickerson, Eppes, Lacock, Macon, Morrill, Noble, Palmer, Roberts, Sanford, Smith, Stokes, Taylor, Thomas--14.

So the bill was ordered to a third reading.

HOUSE OF REPRESENTATIVES.

Friday, January 8. Mr Robertson, from the committee on private claims, reported a bill for the relief of Daniel Ross; and

Mr. Tucker, of Va. from the committee on roads and canals, reported a bill to appropriate a fund for internal improvements; which bills were twice read and committed.

and Delaware Canal Company, reported the same without amendment, which was committed to a committee of the whole.

The Speaker laid before the House of Repre sentatives a letter from William Lambert, accompanying 200 copies of Abstracts of Calculations to ascertain the longitude of the Capitol, in the City of Washington

The Speaker also laid before the House three letters from the Secretary of the Navy, enclosing a statement of contracts made by the Commissioners of the Navy, during the year 1818; a statement containing the names and salaries of the clerks employed in the Navy Department, during the year. 1818; and a statement of the expenditures and application of the moneys drawn from

the Treasury on account of the Navy, during the der this part of the President's message more imyear ending on the 30th September, 1818, and of mediately connected with their branch of the the unexpended balances of former appropria-subject, your committee will confine themselves, tions, remaining in the Treasury on the 1st Oc-in this report, to the trial and execution of Alextober, 1818; which were ordered to lie on the ander Arbuthnot and Robert C. Ambrister. table.

The engrossed bill "for the relief of Daniel Moss," was read the third time, passed, and sent to the Senate for concurrence.

On the 26th April, 1818, a general order issued at head quarters, fort St. Marks, by major general Andrew Jackson, signed by colonel Robert Butler, adjutant general, detailing " a special court martial, to meet at 12 o'clock, A. M. for the purpose of investigating charges exhibited against Arbuthnot, R. C. Ambrister, and such others who are similarly situated as may be brought before it."

The House, according to the order of the day, resumed the consideration of the bill making appropriations for the support of the Military Es-A. tablishment during the year 1819.

The question was stated on the amendment made in committee of the whole, taking the sum Your committee do not deem it necessary to of 10,000 dollars from the general appropriation attach to their report the proceedings of that for the Quarter Master's Department, and insert-court, as every member of the house has been ing the same as a specific appropriation for extra furnished with several copies, to which reference pay to soldiers employed in the construction and can be made. repairs of Military Roads.

Mr. Beecher moved to amend the amendment so as to strike out the words in Italic, and insert in heu thereof the words "working on.”

This motion was negatived-87 to 65. Mr. Smyth, of Va. then moved to amend the amendment so as to introduce, after the words construction and repairs of roads, &c. the words, "when necessary for the movement of the army, or any detachment thereof." This motion was negatived by a large majority.

Your committee can find no law of the United States authorizing a trial, before a military court, for such offences as are alleged against Arbuthnot and Ambrister, (except so much of the second charge, as charges Arbuthnot with "acting as a spy," of which part of the charge the court found him "not guilty") nor in the opinion of your committee does any usage authorize, or exigency appear, from the documents accompanying the report of the trial, which can justify the assumption and exercise of power by the court martial, Mr. Smith, of Maryland, then moved to strike and the commanding general, on this occasion. out the word "construction" and insert the words It is admitted, as a maxim of the law of nations, "working on" in lieu of it, with a view to obviat-that, when the war is with a savage nation which ing the objections of those who were opposed to the use of the word construction,' as possibly comprehending the right for that purpose to take private property; which was negatived by a large majority.

After a long debate on the main question, and on the amendments thereto, in which Messrs. Lincoln, Beecher, Pindall, Alex. Smith, Fuller, Nelson, Miller, Rhea, Barbour, Lowndes, and Hopkinson, took part, the question on the main amendment was taken by Yeas and Nays; when there were

For the amendment
Against it

90 75

So the amendment was agreed to. The bill was then ordered to be engrossed for a third reading, Ayes 103.

Tuesday, January 12. Mr. Wilkin, from the committee on pensions, reported, without amendment, the Senates' bill || for the relief of Aquila Giles; which was committed.

Mr. T. M. Nelson, from the committee on military affairs, delivered in the following report:

"The committee on military affairs, to whom was referred that part of the President's message, of the 17th November, 1818, which relates to the proceedings of the court martial, in the trial of Arbuthnot and Ambrister, and to the conduct of the war against the Seminole Indians, Report:

observes no rules, and never gives quarter, we may punish them in the person of any of their people, whom we may take, (belonging to the number of them,) and endeavor by this rigorous proceeding to force them to respect the laws of humanity. Wherever severity is not absolutely necessary, mercy becomes a duty. In vain has your committee sought among the documents on the subject of the Seminole war for a shadow of necessity for the death of the prisoners arraigned before the court. The war was at an end, to all intents and purposes-the enemy's strong holds had been destroyed-many of them killed or taken prisoners, and the remainder, a feeble band, dispersed and scattered in every direction. The Spanish fort of St. Marks, which it was supposed, (and no doubt justly) had protected them, was also in our possession, and so entirely was the war considered to be terminated, that the Georgia militia, under general Glasscock, had returned to their homes. Then where was the absolute necessity which alone could warrant a departure from the exercise of that clemency, of which the United States has heretofore so justly boasted?

Your committee find, in the general order of the 29th April, in which general Jackson orders the execution of Arbuthnot and Ambrister, this remarkable reason, intended as a justification of the executions, principally of Ambrister, but applying to both Arbuthnot and Ambrister: "it is That after a perusal of the various documents an established principle of the law of nations, that submitted to congress, on the subject of the Semi-any individual of a nation, making war against nole war, they find much difficulty in separating the citizen of another nation, they being at peace, the responsibility of the commanding officer to forfeits his allegiance, and becomes an outlaw his government, from the obligations of the Unit- and a pirate." It may be asked by what system of ed States to Spain: But, as the occupation and interpretation the offences charged could be concapture of Pensacola and St. Marks, are subjects sidered as piracies, which imply, in common acof negotiation and correspondence, at this time,ceptation, offences upon the high seas, of which between the two governments, and as the com- the court could not assume cognizance; and it is mittee on foreign relations will, probably, consi-"equally difficult to understand the propriety of

THE NATIONAL REGISTER.

[No. 3.

a statement of facts, upon which alone could the death, your committee will venture to assert, was court act. Hearsay evidence, in a case of life and court of this country, and yet on the face of the never before received against the accused in any record of the proceedings of the court martial, hearsay testimony is admitted, which had been received from an Indian, who, if present, would not have been allowed to give evidence himself. leave to submit the following resolution: After mature deliberation, your committee beg

the application of the term "outlaw," to the of fenders-a term, which applies only to the relations of individuals with their own governments. It will not be pretended that La Fayette, who volunteered his services in the cause of America, in the war which established our independence, forfeited his allegiance, became an outlaw, and subjected himself to an ignominious death, had he fallen into the hands of the English. Or can it be believed that one voice would be heard in justification of Spain, if she were to execute such of our countrymen s she may make prisoners, while fighting the armies of the South American Patriots. And if these cases should not be considered of such a nature as to warrant a resort to so severe a measure, while they occurred with a people in a state of revolution, and considered by public lands were instructed to inquire into the On motion of Mr. Taylor, the committee on the the parent countries to be in a state of rebellion, expediency of extending the time for issuing and much less could these men, Arbuthnot and Am- locating military land warrants, ror services ren brister, be considered liable to it, who were act-dered during the war of the revolution. ing with a power acknowledged, and treated as sovereign and independent, by us.

Your committee beg leave to call your attention particularly to the case of R. C. Ambrister, who, after having been subjected to a trial before || a court which had no cognizance or jurisdiction a over the offences charged against him, was shot by order of the commanding general, contrary to the forms and usages of the army, and without regard to the finding of that court, which had been instituted as a guide for himself.

of the United States disapproves the proceedings Resolved, That the House of Representatives in the trial and execution of Alexander Arbuthnot and Robert C. Ambrister.

On motion of Mr. Herbert, the secretary of the treasury was instructed to report to the House a the banks in the District of Columbia, not emstatement of the debts, credits, and funds, of all braced in the terms of the resolution of the house few days ago.

The speaker laid before the house a letter from report of the commissioners, with sundry statethe Secretary of the Navy, transmitting the annual ments in relation to the navy pension fund, which was ordered to lie on the table.

Your committee must here, in justice to their own feelings, express their extreme regret, that The speaker laid before the house another letit has become their duty to disapprove the con- sundry papers, being copies of letters and exter from the Secretary of the Navy, transmitting duct of one who has, on a former occasion, so eminently contributed to the honor and defence which contain all the instructions which have istracts of letters to the commanding naval officers, of the nation, as has major general Jackson; but|| sued from the Navy Department in pursuance of the more elevated the station, the more exalted the act of Congress prohibiting the importation of the character of the individual, the more neces-slaves, passed on the 2d day of March, 1807, in sary is it, by a reasonable, yet temperate expres-obedience to a resolution of the house on the 4th sion of public opinion, through the constitutional organ, to prevent the recurrence of incidents at variance with the principles of our government and laws.

instant.

of the military establishment for the year 1819, The bill making appropriations for the support passage was decided, by yeas and nays, in the afwas read the third time; and the question on its firmative, by a vote of 107 to 57.

Nor can your committee forbear including in their strictures the court martial who sat on the trial of Arbuthnot and Ambrister A court mar. tial is a tribunal invested with limited jurisdiction, having for its guidance the same rules of evi-| dence which govern courts of law; and yet Ar buthnot is refused by the court martial, before whom he was on trial for his life, the benefit of the testimony of Ambrister, who had not beention of the bill. put upon his trial at that time, and whose evidence would have been received by any court of law as legal, if not credible. tions might be made to the evidence recorded in these proceedings: particularly to the question put to the witness Hambly, viz: "Do you believe the Seminoles would have commenced the business of murder and depredation on the white inhabitants, had it not been at the instigation of the liams, and went into an examination, section by Mr. Desha supported the motion of Mr. Wil prisoner [Arbuthnot] and a promise, on his part, section, of the provisions of the bill, which he of British protection?" Answer. "I do not believe disapproved as generally unnecessary, but some they would, without they had been assured of parts of them more so than others. British protection. A leading question is ex-larly denied that economy would be promoted by pressly forbidden to be used by a court martial, He particu by Macomb on martial law, and of which the penditure a bill which proposes so great an increase of excourt must have been apprized, as it is a work common in the army, and usually referred to by Mr. Johnson, of Kentucky, replied to Mr. Deevery court martial when in session; and thesisted in the creation of efficiency, and of rigid sha's objections, arguing that true economy conquestion was calculated to elicit an expression responsibility in all the departments of the goof opinion and belief from the witness, rather than Il vernment.

tee of the whole, Mr. Pitkin in the chair, on the The house then resolved itself into a commitbill “respecting the military establishment."

to try the principle of the bill, to which he was Mr. Williams, of North Carolina, with a wish wholly opposed, moved to strike out the first sec

tucky, a letter from the Secretary of War to the On the suggestion of Mr. Johnson, of Ken-. adoption of the provisions of the bill, as necessary Many other excep-military committee was read, recommending the for the purpose of enforcing economy in the pub to equalize the standing of different corps, and lic expenditure.