H. OF R. Articles of War-Batture at New Orleans. ceeding —, out of which the juries for the court then holden, and to be holden within the next six months ensuing shail be selected by the marshal, subject to such right of challenge and exception as now does or may hereafter exist by law. ARTICLES OF WAR. Mr. RANDOLPH, from the committee appointed on the twenty-seventh ultimo, presented a bill to amend the act, entitled "An act for establishing rules and articles for the government of the armies of the United States;" which was received, and permitted to lie on the table. The bill is as follows: A bill to amend the act entitled" An act for establishing rules and articles for the government of the armies of the United States." Be it enacted, &c., That, from and after the passing of this act, the following punishment and none other shall be inflicted by sentence of courts martial for any offence arising under the act, entitled an act for establishing rules and articles for the government of the armies of the United States, to wit: Confinement to hard labor, with or without a suspension of pay; solitary confinement, with or without a suspension of pay, and a suspension of subsistence in part; banishment with disgrace; and death. The following letter accompanied the bill reported on the subject of the articles of war: WAR DEPARTMENT, June 8, 1809. SIR: In answer to your inquiry respecting a commutation of the punishment provided by the 87th section of the rules and articles for the government of the armies of the United States, the following opinion, founded on the practice of other armies, and on the practice of our own Army and country, is respectfully submitted for the consideration of the committee: "Confinement to labor, with or without a suspension of pay; solitary confinement, with or without a suspension of pay, and a suspension of subsistence in part; banishment with disgrace; and death, may by law be established as the four general punishments for crimes." At the same time it will be necessary to empower the courts to inflict corporal punishments not exceeding strokes or lashes, (and this number ought to exceed the present provision of the statute,) in cases where either of the two first mentioned punishments have proved ineffectual, or on characters so depraved, in the judgment of the court, as to merit this mark of degradation, or under circumstances where confinement is incompatible with the situation of the troops. I am, very respectfully, &c., W. EUSTIS. Several motions were made for printing the report on public expenditure, by Messrs. MONTGOMERY, RANDOLPH, and MACON, before it was in order. The motion was at length made and carried, and the House adjourned to six o'clock. Evening Session. The bill from the Senate making an appropriation for completing and finishing the permanent Senate Chamber, passed through a Committee of the Whole, without opposition, and was read a third and passed. Mr. J. G. JACKSON called for the consideration of the bill respecting the Ohio road.-Motion negatived, ayes 32. JUNE, 1809. NEW ORLEANS BATTURE. Mr. SAWYER moved that the House resolve itself into a Committee of the Whole on Mr. SHEFFEY's resolutions relative to the batture. [They propose the restoration of the property to the persons removed from it.] Mr. J. MONTGOMERY moved to postpone the consideration of the subject indefinitely. The motion was negatived, ayes 25. The House then agreed to resolve itself into a Committee of the Whole, 51 to 27, on Mr. SHEFFEY's resolutions. It ap Mr. VARNUM hoped that the Committee would immediately rise and report progress. peared to him impossible that the House could carry into effect a principle of this kind, in which some of the dearest interests of the country were involved, without great deliberation. He was clearly of opinion, as it must be evident to every one, that it was impossible for the House to act on them with that deliberation they required, at this period of the session, when it was scarcely possible to keep a quorum in the House. Mr. LEWIS thought that there could be no interest more dear than the right of the citizen. He could not conceive that the time of the House could be better employed than in the discussion of an important claim for a redress of grievances of a citizen of the United States. There was time enough between this time and 12 o'clock to discuss this and every other subject necessary to be acted on. Mr. SMILIE said that if the House undertook to decide this question in this way, it would be a piece of extravagance greater than he had ever witnessed in a deliberative body. Mr. Ross said that the objection to going into a discussion at this late hour did not apply to this subject, because a discussion had already been had. It is true, said he, that the present question is presented in a very different shape; but, as far as I have before understood, it was the sense of the House that a reference to the Attorney General was improper. Let gentlemen recollect that they have contended that it was improper to postpone the consideration of a petition first presented at this session, whilst this had been pending many sessions. The right of the citizen too is involved in this case; and all appear to agree in the opinion that the law of 1807 was not intended to affect persons situated as the petitioner was. This House, then, is in justice called upon to place the petitioner in a situation from which the law never intended to remove him. To refuse to do it would be to treat a citizen contrary to the rules of equity. Mr. GHOLSON was astonished, the subject having been fully discussed, that the gentleman from Pennsylvania should have occupied so much time on it. He hoped that the question would be decided immediately. Mr. TAYLOR said that it was not in evidence before the House that the claim in question had been registered. The application to have it registered after the legal time had expired was almost proof of a defect in the title, and upon this ground discussion might be extended to an infinite length. Mr. T. maintained that this petitioner had no further claim to the property in dispute, than a thousand others who, from ignorance, had not had their claims registered in due time. This however was a topic on which he would not dwell. He would only incidentally observe that the petitioner was not the first person who had been dispossessed even of that kind of possession which a duck has of the Potomac when it alights on the river, and which, when the tide falls, is left on the beach. Mr. T. said that there had been citizens of Tennessee expelled by the whole settlement from the lands on which they had pitched their tents, whilst their crops were growing. The case was therefore not new, and no peculiar hardship distinguished it. But there was another topic which had not been introduced, viz: that the court of New Orleans had palpably exceeded the powers granted to them as judges of the Territory. The ordinance for the government of the Northwestern Territory, passed before the United States obtained possession of Louisiana, had been extended to the Territory of Orleans. All the power delegated to the court of New Orleans was a common law jurisdiction. I venture to say, observed he, that in the proceedings of the court in relation to this contested property, it has taken upon itself chancery or civil law jurisdiction. They have transgressed the powers given them. All the claim to this bank, which is half the year the bed of the river, derived from the decision of that court, falls to the ground, when it is found that the court has mistaken its jurisdiction and transeended its powers. The delegate from Orleans had attempted to be understood; and, if understood, his observations would have had their effect. He, said Mr. T., has told you that this piece of land under water, this piece of batture, has not yet arrived to that state of alluvion, which would authorize its being made a ground of claim as territory. It is not only under water, but is the common highway of the Ohio and Kentucky boats. But the land is sometimes uncovered, and so sometimes is the bottom of the bay of Charleston. And, according to the doctrine set up now, if some unfortunate shipwrecked mariner should lay his hand on it in that situation, his descendants might lay claim to it as their property. Who would think the claim plausible? No one; and yet it would be nearly as feasible as the claimant's appears to be. H. of R. constitutionality were to have weight, we must take up every hard case, and establish a special tribunal to reimburse to individuals the immense sums which they imagine they have lost. I do not say that they are unconstitutional, but that part of the House unanimous on this subject are also unanimous in this opinion. Should I then select this case when there are others equally strong | and perhaps more meritorious?— At this moment a message was received from the Senate and Mr. TAYLOR took his seat, and the Committee rose to give the House an opportunity to consider the message. A message was received from the Senate informing the House that they were ready to adjourn, and had appointed Messrs. POPE and BRENT a committee on their part to wait on the President, and inform him that they are ready to adjourn. The House concurred in appointing a committee, and Messrs. RooT and CRAWFORD were named for that purpose. On motion of Mr. RANDOLPH, the Committee of the Whole were discharged from the further consideration of the subject of the batture, with a view to take it up in the House. Mr. RANDOLPH then called for the consideration of Mr. SHEFFEY's resolutions. On the first count, there were, for it 29, against it, 33.-No quorum. On the second count, for it, 34, against it, 35.— No quorum. On the third count, 37 to 37-a tie, and another count called. On the fourth count, for it 37, against it, 33.No quorum. A call of the names was then ordered, (eight o'clock,) and the names being called, it appeared that the following gentlemen were present: Messrs. Anderson, Bacon, Blaisdell, Boyd, J. Brown, R. Brown, Burwell, Butler, Calhoun, J. C. Chamberlain, Crist, Cutts, Dana, Dawson, Desha, Ely, Emott, Eppes, Findley, Fisk, Gannett, Gardner, Gholson, Gold, Hale, Haven, Heister, Helms, Holland, Howard, Hubbard, Hufty, J. G. Jackson, R. Jackson, Johnson, Kennedy, Knickerbacker, Lewis, Livermore, Livingston, Lyon, Lyle, Marion, McBride, McKee, McKim, Milnor, Montgomery, N. R. Moore, Morrow, Newton, Nicholson, Pearson, Randolph, Rea of Pennsylvania, Rhea of Tennessee, Richards, Roane, Root, Ross, Sage, Sawyer, Smilie, G. Smith, Sturges, Swoope, Taggart, Taylor, Thompson, Tracy, Turner, Van Dyke, Van Horn, Van Rensselaer, Weakley, Whitman, and Wilson-75. And another count being made on the above question, the votes were 34 to 34.-No quorum. Mr. RooT reported that the committee had waited on the President according to order, who was pleased to say that he had no further communications to make. I can say that there are thousands who have lost the right to show their titles in a court because they have not registered them within the time prescribed by law-and such is the situation of this petitioner, if he had a title. If you will take this case into consideration, erect a tribunal for the consideration of the many similar cases. About nine o'clock, all the bills having been In a particular part of the House I can find enrolled and signed, a motion was made to adunanimity on this subject. The same part de-journ, and carried; and the SPEAKER, after wishclared the embargo laws unconstitutional. A. B. might have had property in port, and by having his vessels prevented from sailing might have encountered an immense loss. And if this cry of un ing the members of the House a pleasant journey home, and a happy meeting with their friends, adjourned the House to the fourth Monday in November next. PROCEEDINGS AND DEBATES OP THE SENATE OF THE UNITED STATES, AT THE SECOND SESSION OF THE ELEVENTH CONGRESS, BEGUN AT THE CITY OF WASHINGTON, MONDAY, NOVEMBER 27, 1809. MONDAY, November 27, 1809. Conformably to the act passed at the last session, entitled, "An act to fix the time for the next meeting of Congress," the second session of the eleventh Congress commenced this day; and the Senate assembled, in their Chamber, at the City of Washington. PRESENT: NICHOLAS GILMAN, from New Hampshire. TIMOTHY PICKERING, from Massachusetts. CHAUNCEY GOODRICH, from Connecticut. STEPHEN R. BRADLEY and JONATHAN ROBINSON, from Vermont. JOHN LAMBERT, from New Jersey. Ordered, That Messrs. GILMAN and GAILLARD be a committee on the part of the Senate, together with such committee as may be appointed by the House of Representatives on their part, to wait on the President of the United States, and notify him that a quorum of the two Houses is assembled, and ready to receive any communications that he may be pleased to make to them. Ordered, That the Secretary acquaint the House of Representatives therewith. A message from the House of Representatives informed the Senate that the House have appointed a committee, on their part, jointly, with such committee as may be appointed on the part of the Senate, to wait on the President of the United ANDREW GREGG and MICHAEL LEIB, from Penn- States, and notify him that a quorum of the two sylvania. WILLIAM B. GILES, from Virginia. BUCKNER THRUSTON and JOHN POPE, from Houses is assembled, and ready to receive any communications that he may be pleased to make to them. Resolved, That each Senator be supplied, during the present session, with three such newspapers printed in any of the States as he may choose, provided that the same be furnished at the usual RETURN JONATHAN MEIGS and STANLEY GRIS-rate for the annual charge of such papers: and, WOLD, from Ohio. The number of Senators present not being sufficient to constitute a quorum, the Senate adjourned to 11 o'clock to-morrow morning. TUESDAY, November 28. provided also, that, if any Senator shall choose to take any newspapers other than daily papers, he shall be supplied with as many such papers as shall not exceed the price of three daily papers. Resolved, That James Mathers, Sergeant-atArms and Doorkeeper to the Senate, be, and he The Senate assembled-present as yesterday; is hereby, authorized to employ one assistant and and OBEDIAH GERMAN, from the State of New two horses, for the purpose of performing such York; JAMES HILLHOUSE, from the State of Con-services as are usually required by the Doorkeeper necticut; ELISHA MATHEWSON, from the State of Rhode Island; and NAHUM PARKER, from the State of New Hampshire, severally attended. ANDREW GREGG, President pro tempore, re sumed the Chair. The PRESIDENT communicated a letter from the Surveyor of the Public Buildings, stating the difficulties that have prevented the entire completion of the permanent Senate Chamber; which letter was read. Ordered, That the Secretary acquaint the House of Representatives that a quorum of the Senate is assembled, and ready to attend to business. to the Senate; and that the sum of twenty-eight dollars be allowed him weekly for that purpose, to commence with, and remain during the session, and for twenty days after. Mr. GILMAN reported, from the joint committee, that they had waited on the President of the United States, agreeably to order, and that the President of the United States informed the committee that he would make a communication to the two Houses to-morrow, at 12 o'clock. WEDNESDAY, November 29. JAMES LLOYD, from the State of Massachusetts, attended. SENATE. President's Message. The letter from the Surveyer of the Public Buildings, communicated yesterday, was referred to a select committee, to consider and report thereon; and Messrs. BRADLEY, LLOYD, and LEIB, were appointed the committee. PRESIDENT'S MESSAGE. NOVEMBER, 1809. could not be doubted that it would at least be charged with conciliatory explanations of the step which had been taken, and with proposals to be substituted for the rejected arrangement. Reasonable and universal as this expectation was, it also has not been fulfilled. From the first official disclosures of the new Minister, it was found that he had received no authority to enter The following Message was received from the into explanations relative to either branch of the arPRESIDENT OF THE UNITED STATES: Fellow-citizens of the Senate, and of the House of Representatives: rangement disavowed, nor any authority to substitute proposals, as to that branch which concerned the British Orders in Council. And, finally, that his propos frigate Chesapeake, were founded on a presumption, repeatedly declared to be inadmissible by the United States, that the first step towards adjustment was due from them; the proposals, at the same time, omitting even a reference to the officer answerable for the murderous aggression, and asserting a claim not less contrary to the British laws and British practice, than to the principles and obligations of the United States. At the period of our last meeting, I had the satisfac-als with respect to the other branch, the attack on the tion of communicating an adjustment with one of the principal belligerent nations, highly important in itself, and still more so as presaging a more extended accommodation. It is with deep concern, I am now to inform you, that the favorable prospect has been overclouded by a refusal of the British Government to abide by the act of its Minister Plenipotentiary, and by its ensuing policy towards the United States, as seen through the communications of the Minister sent to replace him. The correspondence between the Department of State and this Minister will show how unessentially the features presented in its commencement have been varied in its progress. It will show, also, that, forgetting the respect due to all Governments, he did not refrain from imputations on this, which required that no further communications should be received from him. The necessity of this step will be made known to His Britannic Majesty, through the Minister Plenipotentiary of the United States in London. And it would indicate a want of the confidence due to a Government which so well understands and exacts what becomes foreign Ministers near it, not to infer that the misconduct of its own Representative will be viewed in the same light in which it has been regarded here. The British Government will learn, at the same time, that a ready attention will be given to communications, through any channel which may be substituted. It will be happy, if the change in this respect should be accompanied by a favorable revision of the unfriendly policy which has been so long pursued towards the United States. Whatever pleas may be urged for a disavowal of engagements formed by diplomatic functionaries, in cases where, by the terms of the engagements, a mutual ratification is reserved; or where notice at the time may have been given of a departure from instructions; or, in extraordinary cases, essentially violating the principles of equity; a disavowal could not have been apprehended in a case where no such notice or violation existed; where no such ratification was reserved; and, more especially, where, as is now in proof, an engagement, to be executed, without any such ratification, was contemplated by the instructions given, and where it had, with good faith, been carried into immediate execution on the part of the United States. These considerations not having restrained the British Government from disavowing the arrangement, by virtue of which its Orders in Council were to be revoked, and the event authorizing the renewal of commercial intercourse having thus not taken place, it necessarily became a question of equal urgency and importance, whether the act prohibiting that intercourse was not to be considered as remaining in legal force. This question being, after due deliberation, determined in the affirmative, a proclamation to that effect was issued. It could not but happen, however, that a return to this state of things, from that which had followed an execution of the arrangement by the United States, would involve difficulties. With a view to diminish these as much as possible, the instructions from the Secretary of the Treasury, now laid before you, were transmitted to the collectors of the several ports. If, in permitting British vessels to depart without giving just and amicable dispositions, injuries materially By some of the other belligerents, although profess ing bonds not to proceed to their own ports, it should affecting our commerce have not been duly controlled appear that the tenor of legal authority has not been or repressed. In these cases, the interpositions deemed strictly pursued, it is to be ascribed to the anxious desire which was felt, that no individuals should be in- proper, on our part, have not been omitted. But, it well deserves the consideration of the Legislature, how jured by so unforeseen an occurrence: and I rely on far both the safety and the honor of the American flag the regard of Congress for the equitable interests of our may be consulted, by adequate provisions against that own citizens, to adopt whatever further provisions may collusive prostitution of it by individuals, unworthy of be found requisite for a general remission of penalties the American name, which has so much favored the involuntarily incurred. real or pretended suspicions, under which the honest commerce of their fellow-citizens has suffered. The recall of the disavowed Minister having been followed by the appointment of a successor, hopes were indulged that the new mission would contribute to alleviate the disappointment which had been produced, and to remove the causes which had so long embarrassed the good understanding of the two nations. It With France, the other belligerent, whose trespasses on our commercial rights have long been the subject of our just remonstrances, the posture of our relations does not correspond with the measures taken on the part of the United States to effect a favorable change. The result of the several communications made to her Government, in pursuance of the authorities vested by Congress in the Executive, is contained in the correspondence of our Minister at Paris, now laid before you. In relation to the Powers on the coast of Barbary, nothing has occurred which is not of a nature rather to inspire confidence than distrust, as to the continuance of the existing amity. With our Indian neighbors, the just and benevolent system, continued towards them, |