feeble as to depend alone upon heavy bounties and since which, our citizens have enjoyed a remakable wages, exhausting the public treasury at the outset, share of good health. That scourge was followed and yet perhaps but partially succeeding in their by an unusual drought, in the summer of the same object? What puerile legislation will it be, to year, which threatened a greater scarcity than had build a number of ships and then say, we cannot been ever witnessed in the country. In this state man them, when there are a superabundance of sea-of things the citizens resorted to the most rigid men in the country to do it, if there were laws un-rules of economy; and surely our thanks are due to der proper regulations, calling them into the pub- Providence for bringing us through those scenes of lic service. The necessity, expediency, and justice disease and threatened farine; and not less so for of the case must force itself upon every reflecting conferring on us at this time, the most propitious mind, that there must be an organization; a classi- season for the industricus husband-man, that has fication upon the best principles that human in-occurred since the first settling of this country. genuity can devise, to call out or draft suitable Our acknowledgements of gratitude are likewise portions of our sea faring citizens to perform their due, for the blessings we enjoy in religious, civil tour of duty in time of war, as the militia are bound and political liberty; for public peace and domestic to do. The analogy of the subjects leads me to happiness: for his magnanimous design in the unisay emphatically, that now also is the precious versal propogation of the gospel; for the present time, for the welfare of the republic, to deliberate prosperous situation of our state and country; for and legislate upon the formation of a regular war the increased state of literature and literary instiarmy in the spirit of the system submitted to the tutions; for the prosperous state of the liberal and public by the present president of the United and mechanic arts: domestic manufacture and inter. States, during the late war; and regardless of the nal improvement. party slang of "Conscription." Has not experience In compliance with an act of the last general astaught us the necessity of some such system? If sembly, authorizing the executive to appoint a comthe hands of the government had been strengthened missioner to attend the legislature of Kentucky, for by a few thousand regular soldiers more than could the purpose of adjusting the difference between the be procured by voluntary enlistment, we should not two states relative to Walker's line, Parry W. Humhave had an enemy's army marching to the Capitol, phreys, esquire, was appointed; and as I deem it to Baltimore or Orleans. The enemy would have necessary to lay the whole correspondence, with the found full employment to defend his own provinces. documents connected therewith, before your honorWhoever may hereafter be at the head of our go- able body, I will just remark, at this time, that the vernment, must be drivellers indeed, if they do not mission resulted in a total disagreement on the part always make the enemy's territories the seat of of Kentucky to the propositions made by the state war, if practicable. The necessity of legislation of Tennessee; and as the act, subsequently passed upon this point, becomes more cogent since the by the legislature of that state, was not bottomed notable discovery and practical construction given on any of the provisions contained in the laws of to our federal constitution, that the governors of this state, I beg leave to refer your honorable bothe states are the judges when the contingency oc-dy, for explanation of the transaction to my circucurs, that authorizes the calling out of the militia, lar letter addressed to the members of the last gene. and not the president, as people of plain understand-ral assembly, which is prefixed to the laws of Ken ing had heretofore believed; and since the farther tucky. Much time has been consumed and considiscovery that the militia are not bound to obey derable expense incurred by endeavoring to adjust when ordered out of the limits of the United States. this matter, hitherto without effect. I cannot, how. In the present state of the world, and our relative ever, under present circumstances hesitate to say, condition in it, with the utmost moderation on our in my opinion, that the breach is lessened by the part, we cannot, we must not, expect to escape the proposition made by Kentucky: in which it is propoordinary fate of nations. We ought, we must, hold sed that Walker's line shall be the established ourselves as liable to be driven into wars to defend boundary between the two states, from where it our national rights, or to seek redress for intoler-strikes Tennessee river to the mouth of Obed's riable injuries done us: and how can common sense ver. Hence, there appears little reason to doubt, expect to force the enemy to reasonable terms of that, if you should deem it expedient to close with peace, unless our government be authorized to wield the proposition of Kentucky and ask the adoption of the adequate physical force of the republic? PHOCION. Legislature of Tennessee, Walker's line from the mouth of Obed's river to Cumberland Gap, it would be acceded to; which would quiet the inhabitants of both states, who reside near the line. But if Kentucky should still adhere to her present proposition in extending the line from Tennessee river to the Mississippi, in the This day at 12 o'clock, the governor communicated to latitude of 36 degrees and 30 minutes, it will be for both houses of the legislature, by the secretary of the legislature to say on that, as on all other points, tate, WILLIAM ALEXANDER esq. the following MESSAGE. KNOXVILLE, September 15. Fellow citizens of the senate, how far it can be met on principles of justice. From the long standing and nature of this unhappy difference, I must suppose it it to be one of those cases, in which, to do justice to both parties, mutual concessions ought to be made. and of the house of representatives: Nearly two years have elapsed since the rise of the last session of the Legislature, the early part Conceiving it due to myself, and not wholly," of which time was marked by the most afflicting and uninteresting to my fellow-citizens, I will take the melancholy dispensations of Divine Providence. The liberty of stating the course I have pursued in rela. epidemic which raged with violence in different tion to the extinguishment of the Cherokee claim parts of the state, carrying with it frequently death, to land within the limits of the state. In December, was well calculated to produce distress and alarm; 1815, I empowered the senators from this state J. and some of the honorable members of the last le- Williams and G. W. Campbell, esqrs. to negociate islature, I am sorry to say, are now no more. With a treaty with a Cherokee deputation then at Washthe approach of spring, the malady disappeared;ington city, for lands on the north of Tennessee river. The commissioners had an audience with nation, with no other object than to serve the the chiefs, explained the views of their government, Cherokee and Chickasaw Indians but were answered that the powers they possessed ground. The subject, however, to which I beg did not authorise them to dispose of the land in leave to invite your particular attention is the Chick. question. Thus the negociation ended at that time; asaw claim, which contains from five to seven milbut was renewed by the president of the United lions of acres, bounded on the east by Tennessee south state; States and instructions given to hold a treaty at river, on the west by the Mississippi, and includes the Cherokee agency on the 20th July, 1816. Anxi- all the land from north ous to avail my country of every opportunity to and from the best information I have been able to promote its interest, I called on col. John Williams, obtain, nearly one half of this land has been located being more convenient to the agency than Mr. and the greater part granted from thirty to forty Campbell, to attend the treaty under his former ap. years ago, and at a time when North-Carolina pospointment in company with myself. The treaty sessed the sovereign right, long antecedent to the continued fifteen days; in which time the views of act of cession made to the United States; and that the general government were fully explained and she did possess the right to dispose of these lands the claims of the state of Tennessee urged by every is clear from the acceptance by the United States fair argument in our power, though at last unavail- of that cession. The United States, as I am advised, have granted, in due form, 640 acres on which the ing. I then determined on making a third attempt and town of Pulaski, the seat of justice of Giles county, obtained the favor of general Jackson to renew the is established, and in many other respects bave proposition, which he did at Turkey Town, where acted as tho' they held those lands by regular title. the Indians, as if with a view to elude the subject, If then the United States possess a fee simple estate suggested the plan of exchanging lands. Thus the in the vacant land derived from North-Carolina, matter rested until the 20th June last, when a treaty it will follow, that the officers and soldiers of the was opened under the direction of the president of army have the most indisputable titles to those e conceded as being at the the United States by gens. Jackson, Meriwether lands granted to them. If the subject of right to and myself. The object of this treaty was to carry dispose of those lands be into effect certain propositions, made by Mr. Jeffer-time vested in North Carolina, no question can arise, son, while president of the United States, founded except as to the possession which appears to be on an application to him by a regular deputation of settled down by existing treaties, made at a time the Cherokee nation in January, 1809, the object of when, perhaps, the measures were justified by newhich was to give permission to as many of the cessity and policy. But, if such was then the fact, Cherokees as might choose to remove west of the no pretext seems now to exist. We are at peace Mississippi, who should receive a tract of country both at home and abroad, and the weight of the there proportioned to their numbers, with the American arm is competent to the protection of her whole Cherokee nation, for which they were to give citizens as well in person as property. I have an equal quantity of land to the United States out brought this subject before your honorable body, of the Cherokee country. This agreement has re- conceiving it to be one of very great dignity and ceived the sanction of the Cherokee nation; as well interest to the state; and I indulge the hope that those who have, as those who have not, removed. it will receive that weight of character, in form of The census of the nation is, by positive stipulation, a remonstrance to congress, it so justly merits. to be taken in June next, for the purpose of enabling the contracting parties to adjust the quantity of land to be exchanged. A just proportion of the land, thus to be acquired, will fall within the state of Tennessee, prior to the next stated meeting of the legislature, from which a question will naturally arise, whether the interest of the state would be most promoted by leaving the subject to form the necessity of a called session, with the expenses a incident thereto, or to enact laws in anticipation of the event at the present session. If you should In the course of the last winter, I attempted to prefer the latter, I earnestly recommend to the wisdom of your honorable body, the enacting of such procure a statement of the quantity of the circulatlaws as in their operation will best guard the poor ing and unsatisfied land warrants; and also the against the watchful speculator, and, at the same quantity of land, fit for cultivation, that remained time, act consistent with our engagements with unappropriated, by applying to the principal surthe United States and North-Carolina. To effect veyors of the several districts throughout the state, this object, I would propose, after the lands are for a statement of the number of entries, with the disencumbered and liable to the disposition of the quantity contained therein, made in each year in state, that proclamation be made once-a-week by their respective offices, from the opening thereof the public printer for at least three months pre- up to that time. The commissioners of East and ceding the day-on which entries may be made; and West Tennessee were also called on for a report to declare, in positive terms, that all entries, which of the gross amount of warrants, issued by their rehave been previously made, shall be null and void spective boards. And I owe it to those officers, with to all intents and purposes, besides inflicting such the exception of two, whose reports have not come penalties as you might think proper, on such per- to hand, to say, that these reports were furnished sons as should disregard or violate those proviisions. o ban It has been with no inconsiderable concern that I have for many years witnessed the hardship and injustice of with-holding from a large portion of our fellow-citizens, the possession of lands acquired equally as fairly and honorably as any others in the The con The subject of the memorial presented by the legislature of North-Carolina to congress at their last session, will merit your attention. sideration of the subject was postponed by congress; the documents and proceedings on which, will, in due time, be laid before you. At present I will only express a hope, that the charges made in that memorial against this state may be met in spirit of amity and compromise, and yet with a due regard to the interest of the state of Tennessee. with dispatch and in strict conformity with the plan subinitted. These reports were forwarded to James D. Reynolds, esq. at that time a member of congress from this state, with the view of having them laid before that body; but whether they reached him too late in the session to be acted up advised. I on, or how they were disposed of, I have not been connection with other reasons, imperiously demand. ed. As I intend to lay the correspondence be. Impressed with a consciousness of the difficulties fore you, I will forbear to make any comments, but of obtaining correct information, and sensible that would beg leave to recommend a review of the law many defects attend the course I have pursued, organizing those banks; and let it be distinctly undeem it my duty to lay the subject before the le-derstood whether the executive, as the agent of the gislative guardians of the people, as one which, in state, is bound to make her a subscriber to each of a collateral point of view, may justly merit their those incorporated banks; and if this be his duty, attention, when taken in connection with our landed it will be necessary to create a fund from which relations with North-Carolina and the general go-the requisite resources can be drawn to meet those vernment. The documents in my possession as engagements for which the existing laws have made well as any information I may have on the subject, no provision. will, if required, be cheerfully furnished. I beg leave to invite your attention to an act en I will submit for your consideration the propriety titled "an act to provide for the payment of state of turning your attention to improving the naviga-and county taxes," passed November 13th, 1815.— tion of our rivers, either by incorporating naviga- There are abundant reasons to believe that the motion companies for a definite number of years, with tives, which influenced the legislature in enacting the right to charge toll, or by such other means this law, were honorable and such as to them ap as your wisdom may suggest. Frequent attempts peared to be sanctioned by sound policy. In its have been made in former years to commence this operation it has had the effect of burthening the highly important work, which were generally met treasury with a description of notes, some of which by the negative voice of those, who appeared to were not even at par with current notes or silver in think that they represented the farming interest any section of the union. By this law, the crippled exclusively, urging that none were to be benefited credit of those notes was supported to the manifest but the mercantile class of our citizens. This ob-prejudice of our citizens, who held honest claims jection must, at this time, be unavailing, for by against the state. From these remarks, gentlemen, recurring to facts, it will be seen that the farmers, I refer you to the before recited act, to say how far particularly in the western part of the states, it is entitled to a place in the revenue laws of your participate largely in the advantage at present de-state. rived from the navigation of our rivers in the ex- A number of vacancies have occurred in the dif portation of our surplus produce to market. The ferent offices in the state since the adjournment of growth and prosperity of our country, I have ever the last general assembly, which have been filled believed, materially depend on a safe outlet for our by temporary appointments that will expire with surplus produce, and an easy commercial inter- the end of the present session. The vacancy occacourse with our neighboring states. Every facility sioned by the resignation of judge Overton, one of then ought to be afforded that would tend to the the judges of the supreme court of errors and apfurtherance of these objects. To shew the increas-peals, has been filled by the appointment of Robert ing importance of this subject, I will submit a state- Whyte, esq. The vacancy occasioned by the death ment of the gross amount of produce, so far as ac. of judge Cook in the same court has been filled by curate information has been obtained, exported John Harwood, esq. The vacancy occasioned by the from the state during the present season. I feel resignation of William Kelly, esq. judge of the first great satisfaction in exhibiting this statement, not circuit, is filled by Thomas Emmerson, esq. The that I am inconscious of its bearing very little com-vacancy occasioned by the resignation of James C. parison with that of many other states in the union; Mitchell, esq. solicitor general of the second cirbut when we attach to its importance these facts, cuit, is filled by John Wilkinson, esq. In the third that we are yet an infant people, composed of from circuit, William B. Martin, esq. is appointed solitwo to three hundred thousand souls, and that citor general, vice John Catron, esq resigned.these products are the labors of our fellow-citizens in the year next succeeding the termination of the war with Great Britain and who were amongst the last retiring from the field. William C. Mynatt, esq. has been appointed commissioner for East Tennessee, vice Robert H. Adams, esq. resigned. The vacancy occasioned by the expiration of col. Williams' term of service as senator The object of improving rivers and public roads in congress, was filled by the re-appointment of that ought not to be considered exclusively in a pecunia- gentleman in the called session of the senate in ry point of view; for in addition to commercial fa- March last. The vacancy occasioned by the insanicilities, they, by a concurrence of interesting cir-ty of George Poyzer, notary public for West Tencumstances, invite us to associate with each other, by which we become more intimately acquainted, our interests cemented, and our social ties every way strengthened. nessee, is filled by Washington Perkins. The vacancy occasioned by the death of John McCormick, notary public for East Tennessee, is filled by James Kenedy, sen'r. In pursuance of the act of the last session autho I am well aware that those offices are considered rising the executive to borrow money, in case it of the highest dignity and interest to the state, and I became necessary to meet the instalments due from assure you they were filled under that solemn impres the state to the bank, I have directed the sum of se- sion, and with a full view of the great responsibiliven thousand five hundred dollars to be borrowed ty which could not fail to attach to the exercise of at three different times, which could not be reim-a power that, under all other circumstances, is conbursed by the treasury for want of funds until Fri-fided to the collected wisdom of the state. And day last. while I indulge in expressing my thankfulness to The directors of the banks, chartered at Jones-the Divine Benefactor for his benign interposition, borough and Franklin, have given notice that their I am not unmindful of the great obligation I am respective banks are about to commence operations, under to my fellow citizens for their apparent apand desired to know whether the state would take probation. And I also derive much satisfaction the stock reserved for her in the charter. My an- from learning that the different officers, in discharge swer to the directors at Jonesborough was such as of their duties, have realized the highest expecta 1 conceived the existing state of the treasury, in 'tions of many of my fellow-citizens. The duty of filling these appointments perma- laid the chief corner stone of our political hap nently devolves on your honorable body, and it af piness, it is due to say, that they wisely withheld fords me sincere pleasure to know, that in your ag- the negative vote of the executive in the formation gregate capacity, you possess a knowledge of the of laws and exclusively confided it to the discrewishes and interests of the people, which cannot tion of the legislature. Notwithstanding, so far fall to the lot of any one man. It also tends to les- as my limited information or power may be useful, sen the embarrassment and responsibility which you will always find a cheerful co-operation in have experienced, particularly in the appointment whatever may tend to promote the interest of the of Mr. Emmerson, who resides out of the circuit citizens of Tennessee; and permit me here to solicit, for which he was appointed. Prior to his appoint-in return, the pleasure and advantage of your conment, I had made four different unsuccessful appli- stant aid and good will. tors. cations to gentlemen of the bar in the first circuit. For myself, I should be devoid of gratitude and And in fact three of the courts in the circuit were generous feeling, if I did not act and feel as the adjourned by the sheriffs of the respective counties warm and decided friend of the people whose sufto the manifest inconvenience and injury of the sui-frage has not been more the support of my juvenile days than of my more advanced years. I became This state of things, I have no doubt, was produ- a citizen of the state at a very early period of life, ced in part by an avertion, of long standing, to ex- and my advances towards promotion have not more ecute appointments; how far this prejudice will be than kept pace with the continued confidence of seconded on this occasion, forms no part of my busi- my fellow-citizens; at whose call I again assume ness or inquiry. It is a sufficient guarantee, that the functions of the high office I now fill. And your interests and happiness are both identified although conscious of my own incapacity, will place with that of your fellow citizens and that you can- my reliance on an unerring hand to guide me not injure the one without a violation of the other. through those arduous duties to an honorable and Experience shews piainly the necessity of making happy result to my countrymen, from whose candor some amendment to the present law regulating the and liberal indulgence on all former occasions, I circuit court system, by authorising the appoint- have experienced the most unlimited confidence ment of some gentleman of the bar, of skill and in- and personal good will; to merit a continuance of tegrity, to decide on all causes depending in any of which, I trust, will always be my polar star through the courts, in which the judge is disqualified to life. JOSEPH MCMINN. sit, with an equal compensation to what is now, by special law, given for similar services in the supreme courts. Courts Martial. I have received three boxes, containing the laws Adj. and ins. general's office, Oct. 1, 1817. and journals of congress, with many other valua- The proceedings of a general court martial, conble state papers: the very inconsiderable expense of vened by general order of August 27, 1817, havtransportation has been paid and the secretary of ing embraced points heretofore considered doubtful state will present to you the amount, who has, by by some gentlemen, the following extracts from order of a resolution of the last general assembly, the records are deemed important to the military transmitted a copy of the acts of that session to the service. executive of each state and territory in the union. Many of which have made the exchange reciprocal and sent on copies of their acts which are now in the secretary's office, subject to your disposition. I will, however, take the liberty to observe, that there are from two to three hundred copies of the acts of congress of 1807-8 containing all the Indian treaties made about that time, which will be interesting to the people of Tennessee. With respect to those and all others of which there is a redundanBy in the office, 1 beg leave to recommend that an equal distribution be made amongst the different counties composing the state. I have esteemed it my duty to submit the foregoing measures for consideration and decision with a hope that you will perceive they have been dictated, with a due respect to personal feeling, as well as for the high station you occupy. Subjects of minor importance will be submitted occasionally through the session, and the documents, connected with those already before you, will be forwarded without loss of time; from which, in your deliberate wisdom, you can readily judge how far they are calculated to promote the general welfare of the state, and thus far I entertain the highest expectations they will receive your sanction. The framers of the constitution with an eye, generally, to make the different departments of government operate as a check upon each other, have in this instance seemingly associated the legislative and executive departments, so far as to authorise the head of the latter to recommend to, and confer with, the former. But to the honor of those who Adj. and ins. general's office, Aug. 27, 1817. GENERAL ORDER.A general court martial will e assemble at Davis' hotel, in the city of Washington, on Wednesday the tenth of September next, for the trial of such prisoners as may be brought before it. The court will be composed as follows, viz: Col. WM. KING, 4th infantry, president. MEMBERS. Col. G. E. MITCHELL, corps of art. SUPERNUMERARIES. Major J. M. Davis, staff. A judge advocate will be appointed, and further instructions will be given, through the president of the court, in after orders. By order, D. PARKER, adj. and ins. gen. Adjt. and ins. general's office, Sept. 3, 1817. GENERAL ORDER.-Samuel Wilcocks, esq. is appointed special judge advocate of the general court martial, of which col. Win. King is president, ordered to convene in this city on the 10th inst. Thejudge advocate will arraign the prisoner for trial, will furnish charges and evidence in support of the same, and be accountable to the court for all the proper details. Should a prosecutor and counsel appear, their wishes will be submitted to the court through the judge advocate. When the court has finished its D. PARKER, adjt. and ins. gen. The proceedings of the court martial lately or. dered for the trial of lt. col. Wharton, having been submitted to the president, he is of opinion, that, by the organization of the corps of marines, any officer of that corps may be tried by officers belonging to the military establishment of the United States, and, September 11, 1817. therefore, disapproves the decision of the court; neThe court met pursuant to adjournment. vertheless, inasmuch as officers of that corps may The judge advocate stated to the court, that he by law be members of the court, and it is presumed was prepared to take up the case of lieut. col. that some may be found to whom no insurmountabie Franklin Wharton, of the marine corps. A doubt objection is applicable, and he is willing not to press being suggested, whether a court composed ex-a question on the existing court against the opi clusively of army officers was competent to the nion it has given, especially as it may be avoided trial of a member of the marine corps, the court without the establishment of a precedent in favor was cleared for deliberation. of such opinion, he directs that some officers of the marine corps, as well as others of the army, be added to the court for the trial of the said officer. The judge advocate gave it as his opinion that the court had competent jurisdiction in the case; but the question being considered of importance, and the members not being satisfied, it was finally determined that the judge advocate should, through the war department, solicit the opinion of the attorney general on the point at issue, and the court adjourned to meet the next day at 10 o'clock. September 12. The court met pursuant to adjournment. The judge advocate laid before the court the following correspondence: GEORGE GRAHAM, esq. acting secretary of war. JAMES MONROE. Adjt. and ins. general's office, Sept. 19, 1817. GENERAL ORDER.-Colonel T. S. Jesup, of the third infantry, major Richard Smith, of the marine corps, major J. M. Davis, of the generel staff, and captain Robert Wainwright, of the marine corps, are detailed as members of the general court martial, of which colonel King is president, directed to convene in this city by general order of the 27th of August last. SIR-A doubt has arisen with the general court Major Wm. M'Donald is relieved as a supernumartial, of which col. W. King is president, whe-merary of the court, and will report at this office. ther that court is competent to try lieut. col. Whar-The court will convene, organize, and proceed to ton of the marine corps, inasmuch as the court mar-business accordingly, at Davis's hotel, to-morrow tial is not a mixed court, composed of army offi-morning at 10 o'clock. By order, cers associated with officers of the marine corps, as appears to them necessary by the sixty-eighth article of war. The court is desirious to have the the opinion of the attorney general on this point. I am, with respect, your obedient servant, Washington, Sept. 11, 1817. Department of war, Sept. 11, 1817.. SIR-On the receipt of your letter of this date, I immediately submitted the question therein stated to the attorney general, and have now the honor to enclose you his opinion. With great respect your obedient servant, SAML. WILCOсks, esq. D. PARKER, Adj. and ins. gen. September 20, 1817.. The court met pursuant to the above order. Lieutenant colonel Franklin Wharton, of the marine corps, was then arraigned by the judge advocate, on the following charges and specifications. Charges, and specifications of charges, presented against lieutenant colonel Franklin Wharton, commandant of the marine corps, by brevet major Ar chibald Henderson, of the same corps. Neglect of duty. CHARGN I. Specification 1. In that he never has, within the last two years, or at any former period, taken com. mand of any parade of the marine corps. Specification 2. In that he never has, within the last two years, or at any former period, taken command in the field of any part of the marine corps. Specification 3. In that he never has, within the last two years, or at any former period, in the uniI am of opinion, that, under the 68th article of form of the corps, reviewed or inspected any part war, it rests with the sound discretion of the pro- of the marine corps, either at the head quarters of per department of the government, whether to the corps or at any of the navy-yards, where guards summon officers of the marines in the constitution of the marine corps were stationed. of a court martial for the trial of a lieutenant colo- Specification 4. In that he has neglected, notwithnel of the marine corps, or wholly to pass them by; standing repeated applications from captain Robert nor do I know of any act of congress, or other D. Wainwright, to give such an order as would juslaw, authorising different construction of it. tify that officer in carrying into execution the sentences of a court martial, convened by order of lieutenant colonel Wharton, of the date of the 26th October, 1816, at the marine barracks, Charlestown, Massachusetts, on the 14th November, 1816, whereby two private soldiers, Peter Hull and John Cord. well, have been unjustly and oppressively kept in confinement beyond the period of their sentences The judge advocate stating that he had no fur-by the court martial, and whereby those sentences ther business for the court, the court adjourned remained unexecuted on the 8th June, 1817. sine die. WM. KING, col. 4th inf. President. SAML. WILCOCKS, special judge advocate. Washington Sept. 12, 1817. September 11, 1817. RICHARD RUSH, The court being cleared, after due deliberation, determined that they had no jurisdiction of the case. ཤ ་ Specification 5. In that Peter Moore, a private soldier in the marine corps, has been unnecessarily and oppressively kept in confinement at the marine |