analogous in principle, are the acts of April 21st, confers: where it is not proposed to act, except 1806, and of the 3d of March, 1817, authorizing with the assent of the party which is to be affected; roads to be opened from Nashville and Reynolds- where the measure is more calculated to encrease burg, in the state of Tennessee, to different points the opulence and the power of the state, than to in the Mississippi territory. But these acts go aggrandize the union at its, expense, it might fairly still further than the former, in omitting to require be contended that a less rigorous construction of the previous consent of the state of Tennessee, through the constitution would be justifiable. It is neither whose territories a part of the roads was to pass, unprecedented or improper to construe the same and in directing the expenses of making them to instrument, liberally, where the interests of the be defrayed out of the public treasury of the Unit. contracting parties will be thereby promoted, and ed States, without providing for its reimbursement, to adhere to a greater strictness where injury may in any manner whatsoever. arise to either by an interpretation too latitudinous. But lest the influence to be derived from these That the powers in question are neither dangerous admissions should be deemed to be weakened by in their tendencies, or calculated to prove injurious the consideration that the collision of opinion on to the states, would seem fairly inferrable from the the constitutional question has arisen since the recommendation to amend the constitution, and passage of those laws, your committee will beg from the importance so justly attached to these obleave to refer to the date of the last act above-jects on all hands. mentioned, and to certain transactions of a date But your committee, nevertheless, do not consubsequent to the important and well remembered ceive it necessary to call to their aid the liberal difference of opinion between the executive and principles of construction which the occasion might legislature, at the last session of congress. Since justify. They disavow any use of the general phrase that period, they fave satisfactory information that in the constitution to provide for the common dea road has been directed by the executive of the fence and general welfare, as applicable to the United States to be improved, at the expense of enumeration of powers, or as extending the power the general government, and doubtless for military of congress beyond the specified powers; and they pur, oses. This road is laid out from Plattsburg, or admit that to support their positions, it must apits vicinity, in the state of New-York, to Sackett's pear that the powers contended for are expressly Harbor, in the same state. granted, or that they are both "necessary and pro-) per" for carrying into execution some other express power. 4 It is presumed, that it is to be constructed at the expense of the general government, and it is understood that the previous assent of the state has not been procured. From this act, therefore, of the executive branch of the government, emanating from that source at a jate date, it would seem fair to infer, that the constitution is admitted to have conferred upon the general gover ment a power, in some cases, to make roads, and to defray the expense of their construction out of the funds of the United States. And as the power is not denied in all cases, your commutee will attempt to shew that congress has the power, 1. To lay out, construct, and improve post roads through the several states, with the assent of the respective states. And, 2. To open, construct, and improve military roads, through the several states, with the assent of the respective states. That congress, with the assent of the states, respectively, may construct and improve their post roads, under the power "to establish post offices and post roads," seems to be manifest both from the nature of things, and from analogous constructions of the constitution. It has been contended, indeed, that the word establish, in this clause of the instrument, comprehends nothing more than a mere designation of post roads. But if this be true, the important powers conferred on the general govern. met, in relation to the post office, might be rendered in a great measure inefficient and impracticable. In some states a power is vested in the inferior tribunals or county courts, to discontinue roads at their discretion; a post road designated by congress might thus be discontinued, to the great embarassment of the post office establishment If the power to establish confers only the authority to designate, congress can have no right either to keep a ferry over a deep and rapid river, for the transportation of the mails, or to compel the owners of a ferry to perform that service; and yet our laws contain an act, acquiesced in for more than twenty years, im posing penalties on ferrymen for detaining the mil and on other persons for retarding or obstructing In examining the soundness of these positions, its passage. It would be difficult to discover how your committee will not find it necessary to resort this power of imposing penalties can be supported, to what is called a liberal construction of the con- either as an original or accessary power except upstitution. They might, indeed, contend, that as on principles of more liberal construction than the powers here attributed to the United States those now advanced. There are, therefore, not a are not in derogation of state rights, (since they few who believe that, under the authority to "essa can only be exercised by their assent) there is less blish" post roads, congress have express power to reason for adhering to extreme rigor of construc- lay out, construct, and improve roads for the trans tion, Where the authority claimed by the general portation of the mails. 3. To cui canals through the several states, with their assent, for promoting and giving security to internal commerce, and for the more safe and economical transportation of military stores, &c. in time of war; leaving, in all these cases, the jurisdictional right over the soil in the respective states. government is oppressive in its character, or dan. But, however this may be, the authority which gerous in its tendencies; where it is asserted with-is conferred by the constitution to make all laws out deference to state assent, and in derogation of which shall be "necessary and proper" for carrying state power: where it is calculated to aggrandize into execution the enumerated powers, is believed the union, and to depress its members, there may to vest in the general government all the means, be some reason for holding the representatives of which are essential to the complete enjoyment f the nation to the "letter of their authority" But the privilege of "establishing post offices ad where the power sought to be exercised is bene- post roads." Even without this clause of the co ficent in its effects, and only felt in the blessing it stitution the same principle would have applied to its construction, since, according to common un-itself by the acquisition of territories, can the infe. derstanding the grant of a power implies a grant of [whatever is necessary to its enjoyment. rior privilege be denied them of receiving from a state the right of making or repairing the roads over which they are compelled to transport the mailsthrough the union? Taking these principles for our guide, it may be asked if under the narrow rules of construction contended for, the right of transporting the mails Moreover, it seems to be admitted that the Unit would not be held entirely at the will of the states ed States have, have since the Georgia cession, a respectively; on the other hand, if the United States constitutional right to make and repair roads in the have the privilege of establishing post roads, and ceded territory. If then, by the transfer of the ter are under the corresponding obligation of trans-ritory, Georgia could give, and the United States' porting the mails, is it not essential to the per-receive, the right to make roads within it, it is dif formance of this duty and to the enjoyment of this ficult to imagine a substantial objection to the va power, that they should have the right (with the lidity of a grant to make a road, without a transfer of assent of the respective states) to throw bridges the territory. over deep and rapid streams, to remove embarras- 2. Your committee conceive that the general sing and dangerous obstructions in the roads which government has the power of making and opening they have the privilege of using, to level moun- military roads with the assent of the respective states, tains which impede the velocity of transportation, with a view to the common defence of the nation. and to render passable the morasses which intersect the roads through various parts of the union? Can it be supposed, that the convention, in conferring the power and imposing the duty of transporting the mails, (în fis nature a matter of national concern) intended to vest in congress the mere authority to designate the roads over which it should be car ried? Can it be denied, that the right to render a road passable is "necessary" to the enjoyment of the privilege of transporting the mails: or can it be denied that such improvement, with the assent of the states, is "proper?"" And, if "necessary and proper," is it not justified as an incidental power? It is indeed from the operation of these words, "necessary and proper," in the clause of the constitution, which grants accessary powers, that the "assent of the respective states" is conceived to be a prerequisite to the improvement even of post roads. For, however "necessary" such improve- It is not proposed to enter upon the delicate inment might be, it might be questioned how far anquiry whether this right can be exercised by the interference with the state jurisdiction over its soil, general government, without the assent of the re against its will, might be "proper." Nor is this spective states through whose territories a road is instance of an imperfect right in the general go. constructed, in time of peace, with a view to miltverument without an analogy in the constitution-tary operations in any future ware. Leaving this the power of exercising jurisdiction over forts, ma-question for discussion whenever the occasion may gazines, arsenals and dock yards depending upon call it forth, your committee are content, in this rea previous purchase by the United States, with the port, to assert the right to exercise this "necessaconsent of the state. ry" power with the assent of the stules. The power of opening a road during actual hos. tilities, for the purpose of transporting military stores, and marching troops to points that are me naced, has never yet been called in question. In truth, without such a power the U. States must fall ha a prey to foreign enemies: so that it seems fair to assume, that, whenever a military road becomes necessary for the national safety, it is in the power of the general government to construct it. Of this necessity, that government can be the only judge) and if the power of judging of this necessity be in them, the constitutional power to act must of course he conceded. In the exercise of this discretion, a very general sentiment at present prevails in favor of preparations during peace for a state of war. And if the power of judging when it is necessary be admitted, the constitutional right to do it at any time must be allowed. Admitting, then, that the constitution, confers Having taken this cursory view of the principles only a right of way, and that the rights of soil, and of the constitution, in relation to the construction jurisdiction remain exclusively with the states re-of roads by the United States, it may not be unimspectively, yet there seems no sound objection to portant to examine what has been the practice under the improvement of roads with their assent. For if, its provisions. The laws of the union and the acts by the 10th amendment, this right is reserved tof the executive branch of the government, though the states, it is within the power of the state to they cannot be relied on to support acknowledged grant it, unless the United States are incapable of error, may safely be referred to in aid of our inqu receiving such a privilege. But by various acts of ries as to the proper construction of the constitu the government, whose validity has never been tion. questioned, it appears to possess not merely the Amongst the most conspicuous of the analogies power of receiving so unimportant a privilege as afforded by the acts of congress is the establishthis, but of acquiring territory ad libitum. The ment of the Cumberland road already mentioned. acquisition of Louisiana, one of the happiest events This road has been constructed under the authority of our political history, evinces the power of this of the United States, with their funds, and through government to acquire territory by treaty from fo-several of the states, with their assent: It has rereign nations. The cession of the north west terriceived the sanction of several distinct representa tory by Virginia, shews that, under the strict prin- tive bodies, and of two presidents of the United ciples of the old confederation, which had so few States. In short, if precedent alone were wanting, features of nationality, the United States were this act would furnish it. deemed to have the power of acquiring lands even from the states of the confederacy. The Georgia cession, completed about the year 1802, is finally decisive of the practical and undisputed exercise of a power in the general government to receive a cession of territory from any member in the confed. eracy, under the present constitution, But if the general government have the power to aggrandize Passing over the road from Nashville to Natchez, and the roal from Reynoldsburg to a part of the late territory of Mississippi, directed by an act of the last session of congress, both of which afford precedents no less strong, we come to the military road lately directed by the executive authority to be constructed, from Plattsburgh or its vicinity, to sackett's Harbor. This road is not to be construct purposes. ed with any express assent of the state, through would seem that no doubt could remain of the which it passes, nor by the authoirty of congress, right of applying our revenues to but the president has deemed it necessary as a mi If indeed the power was denied to the general golitary road, and has ordered it to be made accord-vernment of constucting roads and canals themingly; a measure, the advantages of which are un selves, a question might still arise, whether it had derstood to be so palpable, as to have given grea not power to appropriate part of the revenue "to satisfaction in the country where the road is made aid in the construction of roads and canals by the Hence, however, the question results, whether the states" exercise of this power by the president is not an There is perhaps no part of the constitution more express admission of the right of the general gounli nited than that which relates to the application vernment to open military roads even in time of of the revenues which are to be raised under its profound peace, when they are believed to be ne-authority. The power is given "to lay and collect cessary: and, if the power of judging of this neces sity is possessed by the executive, it cannot, it is presumed, be denied to the yet more importan organ of the nation's will-the legislature of the union. taxes, to pay the debts and provide for the common defence and general welfare of the United States:" and though it be readily admitted that as this clause is only intended to designate the objects for which revenue is to be raised, it cannot be construed to 3. As to canals. It will not be necessary to reca extend the specified powers of congress, yet it would' pitulate the arguments already used on the subject be difficult to reconcile either the generality of the of roads, some of which will be found strongly apexpression, or the course of administration under plicable to canals. It may suffice to add, that the fit, with the idea that congress has not a discretionpower to make canals and roads, for the promotionary power over its expenditures, limited only by and safety of internal commerce between the several their application "to the common defence and genestates, may justly be considered as not less inciden fral welfare." = tal to the regulation of internal commerce, than A few of the very great variety of instances, in many of the powers exercised under the authority which the revenues of the United States have been to regulate foreign comme ce are accessary to tha applied to the objects not falling within the speci power. The embarrassments of the nation during fied powers of congress, or those which may be rewar, from the want of good rods and canais, both garded as incidental to them, will best illustrate in relation to trade and the transportation of cannon this remark. and military stores, have been too recently and sen- Thus, it can scarcely be conceived, that, if consibly felt to be forgotten. Vested with the power strued with rigor, the constitution has conferred of making war, the constitution could never have the power to purchase a library, either specifically, intended the general government should make for as a "necessary" incident to legislation. Still under such disadvantages. If there be any part of less, perhaps, can the pious services of a chaplain, that instrument, which demands a liberal construc-or the purchase of expensive paintings, for orna tion, it is that which confers on the federal governmenting the hall of session, of various other expen nent the power of making war, and the duty of ditures of similar character, be considered as "ne. ] protecting the union from foreiga hostility. With cessary" incidents to the power of making laws.— a navy yet insufficient to ensure the safe convey Yet, to these and to similar objects have the funds ance, coastwise, of troops, of implements of war of the United States been freely applied, at every and military stores, and destined to contend with successive session of congress, without a question an enemy whose command of the sea enables them as to the constitutionality of the application. to assail, in rapid succession, the most distant po- It would be yet more difficult to reduce under sitions, we have been compelled, from the want of the specific or accessary powers of congress, the lian internal, water communication, to encounter the beral donation to the wretched sufferers of Vene. most wasteful extravagance in the transportation of zuela, or the employment of our revenues in the the means of defence. From the same cause, the useful and interesting enterprise to the Pacific. internal trade between the states has been, during The bounties allowed for the encouragement of war, trammelled and embarrassed, and even cut off; the fisheries form another expenditure, that does and the productions of one portion of the commu-not fall under any of the powers granted by the nity have rotted on their hands, while distant parts constitution. Nor could it fairly be considered as of the United States were suffering for the want of inferrable fro the powers granted upon the strict them. principles sometimes con ended for. The same ob. It is true that the wants of the union cannot conjections would apply to actual bounties, paid to fer power under the constitution; but they may inanufacturers for their encouragement and to the justly he touched upon as affording aid in its con- indirect encouragement given to them, and which struction. They must have been clearly foreseen, operates as a bounty to one class of the communiand inust have been supposed to be provided for. ty, and as a tax upon the rest. These and a varieIf the power to carry on war implies "the necessa ty of other appropriations can only be justified up. ty and proper” means of conducting it to a safe and on the principle, that the general clause in quesprosperous issue, and if, without the use of these tion has vested in congress a discretionary power means, the burdens, and the privations and the mito use for the "general welfare" the funds which series of war, are to be indefinitely increased, and they are authorised to raise. its issue (always doubtful) rendered yet more pre Nor is there any danger that such a power will carious and unprosperous, are we not justified is be abused, while the vigor of representative responpresuming these means to have been contemplated sibility remains unimpared. It is on this princias being vested in the general government? are we ple that the framers of the constitution mainly renot justified in asserting this "necessary" power-lied for the protection of the public purse. It was the power of constructing roads and canals at leas with the assent of the states. safe reliance. It was manifest that there was no other subject on which representative responsibili If your commi tee have not erred in attributing tey would be so great. On the other hand, while Congress a constitutional power to make roads and this principle was calculated to prevent abuses in canals either as an original or accessary power, it the appropriations of public money, it was equally necessary to give at extensive discretion to the le- the several states, with the assent of the states, on such gislative body in the disposition of the revenues; terms as may be agreed on, leaving the jurisdictional since no human foresight could discern, nor human rights in the states respectively. To these and industry enumerate, the infinite variety of purposes other national improvements, which may be found to which the public money might advantageously to be within the constitutional powers of the govern and legitimately be applied. The attempt would ment, they think it advisable that the interest of have been to legislate, not to frame a constitution; to the government in the bank of the United States I foresee and provide specifically for the wants of should be appropriated. They forbear to give greatfuture generations, not to frame a rule of conduct er length to this report, by enlarging on the im. for the legislative body. Hence proceeds the use portant advantages to be derived from these naof this general phrase in relation to the purposes to tional improvements. They also forbear at this which the revenues may be applied; whilst the fra- time to offer the details of any plan upon the submers of the instrument, in the clause which con-ject, presuming it most proper to obtain the sense cludes the enumeration of powers, scrupulously avoid of the House of Representatives,in the first instance, the use of so comprehensive an expression, and on the general proposition. For this purpose they confine themselves to the grant of such incidental respectfully submit the following resolution: power as might be both "necessary and proper" to the exercise of the specified powers. Nor is it conceived, that this construction of the constitution is calculated to give that unlimited extent to the powers of the federal government, which by some seems to have been apprehended. There is a distinction between the power to appropriate money for a purpose and a power to do the act for which it is appropriated: and if so, the au. thority to appropriate money "for the general wel. fare" does not by fair construction extend the specified or incidental powers of government. Thus, in the case under consideration, if the power to make a road or dig a canal is not given,the power of appropriating money cannot confer it,however generally it may be expressed. If there were no other limi tation, the rights of the respective states, over their soil and territory, would operate as a restriction. "Resolved, That in order to promote and give security to the internal commerce among the several states; to facilitate the safe and expeditious transportation of the mails, by the improvement of post roads, with the assent of the respective states; to render more easy and less expensive, the means and provisions necessary, for the common defence, by the construction of military roads, with the like assent of the respective states, and for such other internal improvements as may be within the constitutional powers of the general government, it is ex. pedient that the sum to be paid to the United States, by the 20th section of the act to incorporate the subscribers to the bank of the United States and the dividends which shall arise from their shares in its capital stock, be constituted as a fund for internal improvement. Galvezton and Amelia.. OFFICIAL PAPERS. Selections from the documents transmitted to the house of representatives of the United States by the presi dent. Whilst this appears to be a safe as well as fair construction of the constitution, it is also that which has been practically given to it since the origin of the government. Of this, the instances already mentioned furnish some evidence, and it is We have been induced, in order to present at apprehended that, upon the rigid principles of construction, asserted both in regard to the enumera- one view, and in a more condensed shape, not tion of powers and the appropriation of revenue, being able to publish them at large, the substance the acts of the federal government, including all of the information contained in the presidential its branches, will exhibit a continued series of vio-message, to make a selection of the papers, and pub. lations of the constitution, from the first session lish such only as particularly cast new light on the after its adoption, to the present day. subject. No paper is believed to be omitted, howIt would behove us to turn over the statute book ever, which is material to a correct view of the suband deliberately examine, how, upon these prin-ject. ciples, the laws giving bounties to fishermen, en es Papers communicated with the report from the depart ment of state, of December 13, 1817, to the presi dent. We have arranged them, as their contents natucouraging manufactures, establishing trading hous- rally suggest, into two heads: 1st of Galvezton; and with the Indians, erecting and constructing 2d. of Amelia Island: prefacing the whole with a beacons, piers, and light houses, purchasing libra- list of all the papers, extracts, &c. which accompa ries, adorning with paintings the chamber of con-nied the report of the secretary of state. Nat. Int. gress, giving charity to suffering foreigners, constructing roads through the different states, and establishing banks, can be reconciled to the provisions of the constitution, If as has been remarked by high authority, the constitutional question Extract of a letter from Natchitoches, Louisiana, can be "precluded by repeated recognitions, under to a gentleman in the city of Washington, commu. varied circumstances of the validity" of the exer-nicated to the department of state, dated February cise of power by congress, "in acts of the legis-4, 1817. Extracts of two letters from Robert M. Harrison, lative, executive, and judicial branches of the government, accompanied by indications, in different esq. consul at St. Thomas, to the secretary of state, modes, of a concurrence of the general will of the dated April 20th, and May 30th, 1817. The secretary of the treasury to the secretary of nation," the advocates for these powers in the general government can find little difficulty in sup-state, dated November 21, 1817, communicating Extracts of a letter to him from Beverly Chew, porting the pretension. From all these considerations, your committee sub-esq. collector of the customs, New Orleans, dated mit as their opinion, that congress has the constitu- August 1, 1817. tional power to construct roads and canals through The message of the president, in 1814, return, ing the bank bill of that year. Letter-samne to same, dated August 30, 1817. the United States, for Louisiana, vs. cargoes of Ju A. G. Villeret to captain John H. Eltor, dated ana, Eliza, Carmelite, and Diana. Fernandina, November 4, 1817. Register of the proceedings at Galvezton-trans The same vs. ninety boxes of sugar. The same vs. sundry goods, &c. &c. part of the lation, 15th April, 1817. schooner Mount Vernon's cargo. Petition of Beverly Chew to Judge Hall. Additional testimony, in sundry cases, pending in the United States' district court, Louisiana vs. sundry vessels and cargoes from Galvezton. Extract of a letter from Mr M'Intosh'to Mr. Craw ford, secretary of the treasury, dated October 30, 1817. OF GALVEZTON. Extracts of a letter from Beverly Chew, esq. collector at New Orleans, to Mr. Crawford, secretary of the treasury, dated COLLECTOR'S OFFICE, New Orleans, August 1, 1817, "As it is your wish that every attempt to evade Extract of a letter from Mr. Clark, collector of the provisions of the existing laws should be com the customs at St Mary's, dated November 1, 1817municated to the department, accompanied by sug Extract of a letter from lieutenant commandant gestions of the measures necessary to repress the B. V. Hoffman, to captain Charles Morris, dated evil, I deem it my duty to state, that the most January 18, 1817. shameful violations of the slave act, as well as our Extract of a letter from captain Morris to the revenue laws continue to be practised, with impu secretary of the navy, dated frigate Congress, off the nity, by a motley mixture of freebooters and smug Balize, March 4, 1817. glers, at Galvezton, under the Mexican flag, and Captain Daniel T. Patterson to the secretary of being, in reality, little else than the re-establishthe navy, dated New Orleans, August 4, 1817, comment of the Barrataria band, removed some municating what more out of the reach of justice; and unless Memorial of the merchants of New Orleans, of the officers of the customs are provided with 28th July, 1817. more effectual means for the enforcement of the Protest of William B. Cox, late mate of the laws, the treasury must suffer incalculably. To American brig Charles, at New-Oricans, 25th July, give you a more correct idea of this establishment, 1817. Protest of captain Lewis Dequemenil de Morant, at New-Orleans, 28th July, 1817. i will be necessary to be a little prolix, which I beg you will excuse. Galvezton is a small island or sand bar, situate in the bay of St. Barnard, on the coast of Texas, about ninety miles west of the Sabine, within the jurisdictional limits claimed by the Deposition of Lanusse, owner of the brig Charles United States, in virtue of the cession of Louisiana of New Orleans, to Jn. Ble. Revarde, owner of the to them, by France. The establishment was recent brig Pomona, and Louis Dequemenil de Morant, ly made there by a commodore Aury, with a few owner of the brig Freelove, at New-Orleans, 28th July, 1817. Same of Jean Baptiste Revarde, same place and date. small schooners from Aux Cayes, manned in a great measure, with refugees from Barrataria, and mulattoes. This establishment was renforced by a few more men from different points of the coast of Louisiana, the most efficient part of them being principally mariners, (Frenchmen or Italians,) who have been hanging loose upon society in and about New-Orleans, in greater or smaller numbers ever Extract of a letter from lieutenant commandant since the breaking up the establishment at BarraJohn Porter, dated United States' brig Boxer, off taria. Colonel Perry commanded one party, of the Balize, June 28, 1817, to the secretary of the about eighty or ninety men, of this new community, navy. who had been eulisted principally as soldiers withExtract of a letter from commodore D T. Patter- in our Jurisdiction; and Mr. Herarra, coming with a son to secretary of navy, dated New-Orleans, July 23, 1817. Translation of a protest of Casimer Rieto, captain of the American brig Carlos, against the privateer Congresso, June 30, 1817. Extract of a letter from captain Charles Morris, United States' frigate Congress, off the Balize, dated June 10, 1817, to the secretary of the navy. Extract of a letter from the deputy collector of the port of New York, to captain Samuel Evaus, dated September 8, 1817. Extract of a letter from captain John H. Elton to secretary of navy dated September 25, 1817, on board United States' brig Saranac, Cumberland sound Extracts from the same to the same, dated October 10, 1817. Extract, same to same, dated October 19, 1817. Extract, same to same, Cumberland Island, No vember 15, 1817, communicating few followers from New.Orleans, brought up the rear, and then announced the establishment to the world, by a proclamation, attested by a Frenchman by the name of Morin, very recently a bankrupt auctioneer, in New-Olreans, as secretary of state. From this new station, fed and drawing all its resources from New-Orleans, and keeping up a regu lar intelligence, through a variety of channels, with their friends here, an active system of plunder was commenced on the high seas, chiefly of Spanish property, but often without much concern as to the national character, particularly when money was in question. The captures made by their nu merous cruisers, (many owned by citizens of the Copy of a letter from him to--Aury, com- United States,) were condemned by a pretended nanding at Fernandina, dated United States' brig court of admiralty there, as prizes, and the cargoes Saranac, Cumberland Island, November 3, 1817. introduced into this state, principally in a clandes Same to the same, dated brig Saranac, Cumber-tine manner. The vessels thus condemned have land sound, November 9, 1817. generally come here under new names, and with Four letters fromAury to captain Elton, the Mexican flag. Some of them have been detaindated at Fernandina, November 4th, 9th, 11th, and fed by the United States' naval force, for hovering 12th, 1817. in our waters, and others have been libelled for Extract of a letter from Thomas Waine, esq. pur-restitution, by the Spanish consul, in behalf of the ser on board the United States' brig Saranac, dated original owners, and though several trials have St. Mary's river, September 27, 1817, to Benjamin come on before the honorable the United States' Homans, esq. chief clerk, navy department, district court for the district of Louisiana, and the |