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THE NATIONAL REGISTER.
tinued, the governor is called upon to justify his the surrender of York. The resolution directed
From the Providence American.
LITERATURE AND THE ARTS.
AMERICAN GENIUS IN LONDON.
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.
finally decided in the affirmative, as follows:
Congress of the United States.
YEAS-Messrs. Barboer, Burrill, Crittenden, Daggett, Eaton, Edwards, Forsyth, Fromentin, Gaillard, Goldsborough,, lor, Thomas, Tichenor, Van Dyke, Williams, of Tenn.-30. Horsey, Hunter, Johnson, King, Leake, Macon, Mellen, Morril, Otis, Palmer, Sanford, Stokes, Storer, Tait, Talbot, TayNAYS-Messrs. Lacock, Morrow, Noble, Roberts, Ruggles, 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, comprehending contracts with the Navy Commissioners, the names and salaries of clerks in that office, and the expenditure and application of money's in that
copies of abstracts of calculations for ascertaining The President also communicated a letter from Wm. Lambert, of Washington, transmitting fifty the longitude of the Capitol, from Greenwich observatory.
Among the petitions presented to-day, was one Friday, January 8. by John Mason and others, of Georgetown, praying the repeal of the act which exempts the city of Washington from taxes for county purposes
Mr. Sanford submitted the following motion: Monday, January 11. Resolved, That the attorney general procure and lay before the Senate, at the commencemeut which may be depending, on the of ther next sessión, accurate lists of all the causes in the several district and circuit courts, and in day of guishing therein civil and criminal cases, suits be the supreme court of the United States, distinthe United States are parties; original causes and tween citizens of different states; suits to which several courts; and such other statements or excauses removed by appeal or writ of error; with times of the commencement of the suits in the
The motion made by Mr. Johnson, on the 9th ultimo, to call on the Executive for the correspondence respecting the cession of the Floridas, was this day withdrawn, by him, on being called up, his object having been attained by the com. munications subsequently made by the President. Mr. Johnson, from the committee on the pub-planations as may appear to him proper, to exhi lic 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, obtain
Resolved, That the President of the United
ed leave and introduced a bill to amend the char-States be requested to communicate to the Senate 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.
his opinion, the públic interest may permit to be disclosed, relating to the seizure and detention of any information in his possession, and which, in the property of American citizens, by the govern ment of the island of Hayti, and the statement of any negotiation, or attempts at negotiation, to procure restitution.
The act for the relief of James H. Clark was read the second time.
: The Senate then resumed the consideration of
report of the military committee, to whom an in-
Mr. Barbour moved that the bill be recommit-
domestic fabrics in clothing the army, in cases
[This resolution was passed on the 7th of Au-
the committee on military affairs, "with instruc
He was replied to to-day, succinctly, but com. prehensively, 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.
land for the seat of government of the state of Mississippi, and for the support of a seminary of learning within the said state; which was read
The motion submitted yesterday by Mr. Otis, was taken up and agreed to; and,
The motion offered yesterday by Mr. Sanford, was postponed to Monday next.
A message was received from the President of the United States, by his private secretary, transmitting from the War Department a statement of the effective force of the army; of the different posts and garrisons where distributed; the number of artillerists; the number and calibre of ord
The Senate resumed the consideration of the YEAS-Messrs. Johnson, Leake, and Williams, of Mississip-bill further to suspend, (until the 31st day of March, in the year 1820,) the sale or forfeiture of lands for failure in completing the payments thereon.
NAYS-Messrs. Barbour, Barrill, Crittenden, Daggett, Dickerson, Eaton, Eppes, Forsyth, Fromentin, Gaillard, Horsey, Hunter, King, Lacock, Macon, Mellen, Morrill, Morrow, Otis, Palmer, Roberts, Ruggles, Sanford, Smith, Stokes, Tait, Talbot, Taylor, Thomas, Tichenor, Van Dyke, Williams, of Ten.-32.
Mr. Leake then moved to amend the bill in the section defining the boundary, so as to make the Tine run along the line established by an act of the assembly of the Mississippi territory, between the counties of Wayne, Green, and Jackson, on the one side, and the counties of Washington, Baldwin, and Mobile, on the other"
This question was decided by yeas and nays in the negative by the same vote, except that Mr. Williams, of Tennessee, voted in the affirmative, and Mr. Johnson in the negative.
The bill was then proceeded through and ordered to be engrossed for a third reading.
The bill prescribing the mode of commencing, prosecuting, and deciding controversies between two or more states, was, on motion of Mr. Crit tenden, recommitted to the committee that reported it.
Mr. Noble moved to amend the bill, by inserting a provision "that on the instaliments which shall become due before the 31st of March, 1820, interest shall not be charged, except from the time they became due until paid; but, on failure to pay the said instalments on the said 31st of March, 1820, interest shall be charged thereon, in conformity with the provisions heretofore in force, from the date of the purchase.”
This motion was decided in the negative, by yeas and nays, as follows:
YEAS.-Messrs. Edwards, Morrill, Noble, Ruggles, Taylor, Thomas, Williams, of Miss.----7.
NAYS.-Messrs. Barbour, Burrill, Crittenden, Daggett,
Meilen, Morrow, Otis, Roberts, Sanford, Smith, Stokes, Storer,
The bill was then ordered to be engrossed for a third reading.
The president communicated, from the SecreTuesday, January 12. tary 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.
Wednesday, January 13. Mr. Goldsborough, from the committee of claims Mr. Burrill, from the committee on the judici- made an unfavorable report on the petition of Riary, to whom was recommitted the bill prescrib-chard Bland Lee, praying additional compensation ing the mode of commencing, prosecuting, and for his services as Commissioner of Claims. deciding, controversies between two or more states, reported the same with an amendment, not affecting the principle of the bill.
The joint resolution directing the distribution of Seybert's Statistics, was taken up and ordered to a third reading.
Mr. Roberts, from the committee of claims, made a report on the petition of John Clark, ac companied by a bill for his relief, which was read.
The resolution offered yesterday by Mr. Tichenor, was taken up and agréed to.
The bill to suspend for a further limited time the sale or forfeiture of lands, for failure in making the payments, was read the third time, passed and sent to the other House for concurrence.
The bill from the other House, for the relief of Dr Mottrom Ball, was read the third time and passed.
Mr. Tichenor submitted a motion to call on the executive, for a statement of the measures which have been taken to collect the balances stated to be due from the supervisors and collectors of the old direct tax of two millions; also, a statement of the balances due from the officers of the old internal revenue; the names of the persons intrusted with the collection of said debts, the sums by them || collected, the time when collected, &c. The engrossed bill, to enable the people of the||tion of moneys drawn from the Treasury by the Alabama territory to form a state government,|| Secretary of War, for the military establishment and for the admission of such state into the Union, during the last fiscal year. on an equal footing with the original states, was read the third time, passed, and sent to the other House for concurrence.
The President communicated to the Senate a letter from the Secretary of War, transmitting the annual statement of the expenditure and applica
The Senate then resumed the consideration of the joint resolution proposing an amendment to the Constitution, so as to produce an uniform mode (by districts) throughout the several states, hands, reported a bill providing for a grant of" of electing electors of President and Vice-Presi
Mr. Morrow, from the committee on public
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-23.
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:
Resolved, That the judiciary committee be 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
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.
After a debate, the question was taken on Mr. Roberts' motion, to recommit the bill with structions so to amend it as to provide for the appointment of one or more additional justices, 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:
The committee next took up the bill "conin-cerning the military establishment of the United
YEAS.-Messrs. Dickerson, Eppes, Forsyth, Lacock, Macon. Noble. Roberts, Sanford, Smith, Stokes, Taylor----11. NAYS.-Messrs. Barbour, Burrili, Crittenden, Daggett, Eaton, Edwards, Fromentin, Gaillard, Goldsborough, Horsey, Hunter, Johnson, King, Leake, Mellen, Morrill, Morrow, Otis, Palmer, Ruggies, Storer, Tait, Talbot, Thomas, Tichenor, Van Dyke, Wins of Miss. Williams, of Ten.---25.
The question was then taken on ordering the said bill to a third reading, and decided as follows:
HOUSE OF REPRESENTATIVES.
Friday, January 8. Mr Robertson, from the committee on private claims, reported a bill for the relief of Daniel Ross; and
The House then again resolved itself into a committee of the whole, Mr. H. Nelson in the military establishment for the year 1819. The chair, on the bill making appropriations for 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,
The House then concurred in all the amendments to the appropriation bill, except that which in-appropriates ten thousand dollars for extra pay for soldiers employed in the construction and repair of military roads.
On concurring in this appropriation, a debate took place which continued until a late hour, and of Md. Mills, Lowndes, Tucker, of Va. and Poinin which Messrs. Pitkin, Storrs, Mercer, Smith,
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.
[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
YEAS.-Messrs. Burrill, Crittenden, Daggett, Eaton, Ed-ing wards, Forsyth, Fromentin, Gaillard, Goldsborough, Horsey, Hunter, Johnson, King, Leake, Mellen, Morrow, Otis, Ruggies, Storer, Tait, Talbot, Tichenor, Van Dyke, Williams, of Miss. Williams, of Ten.---28.
The Speaker Lid before the House of Repre
NAYS-Messrs. Barbour, Dickerson, Eppes, Lacock, Macon, Morrill, Noble, Palmer, Roberts, Sanford, Smith, Stokes,sentatives a letter from William Lambert, accomTaylor, Thomas----14.
So the bill was ordered to a third reading.
panying 200 copies of Abstracts of Calculations to ascertain the longitude of the Capitol, in the City of Washington
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-. the subscription of stock in the Chesapeake and Delaware Canal Company, reported the same without amendment, which was committed to a committee of the whole.
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. On the 26th April, 1818, a general order issued The engrossed bill "for the relief of Danielat head quarters, fort St. Marks, by major general Moss," was read the third time, passed, and sent Andrew Jackson, signed by colonel Robert Butto the Senate for concurrence. ler, 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 lieu thereof the words "working on.”
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, and the commanding general, on this occasion. It is admitted, as a maxim of the law of nations, that, when the war is with a savage nation which 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
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.
Mr. Smith, of Maryland, then moved to strike out the word "construction" and insert the words "working on" in lieu of it, with a view to obviating 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
So the amendment was agreed to.
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: 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.
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, for 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.
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 a few days ago.
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 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.
[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
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.
The speaker laid before the house a letter from report of the commissioners, with sundry statethe Secretary of the Navy, transtnitting 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 ter from the Secretary of the Navy, transmitting The speaker laid before the house another letit has become their duty to disapprove the con- sundry papers, being copies of letters and exduct 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
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.
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
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 evidence which govern courts of law; and yet Arbuthnot 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 tucky, a letter from the Secretary of War to the On the suggestion of Mr. Johnson, of Ken-. law as legal, if not credible. tions might be made to the evidence recorded in adoption of the provisions of the bill, as necessary Many other excep-military committee was read, recommending the these proceedings: particularly to the question put to the witness Hambly, viz: "Do you believe || for the purpose of enforcing economy in the pub. to equalize the standing of different corps, and the Seminoles would have commenced the busi-lic expenditure. ness 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. Wilprisoner [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, a bill which proposes so great an increase of exHe particu by Macomb on martial law, and of which the penditure court must have been apprized, as it is a work common in the army, and usually referred to by every court martial when in session; and the question was calculated to elicit an expression of opinion and belief from the witness, rather than II
sha's objections, arguing that true economy con