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 for a hunting 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 Chickquestion. Thus the negociation ended at that time; asaw claim, which contains from five to seven mil but was renewed by the president of the United lions of acres, bounded on the east by Tennessee 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 to south across the state; 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 unavailing.

when, perhaps, the measures were justified by necessity and policy. But, if such was then the fact, no pretext seems now to exist. We are at peace both at home and abroad, and the weight of the American arm is competent to the protection of her citizens as well in person as property. I have brought this subject before your honorable body, conceiving it to be one of very great dignity and interest to the state; and I indulge the hope that it will receive that weight of character, in form of a remonstrance to congress, it so justly merits.

that cession. The United States, as I am advised, have granted, in due form, 640 acres on which the 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 have 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 thin 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 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 conceded as being at the 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 which was to give permission to as many of the Cherokees as might choose to remove west of the Mississippi, who should receive a tract of country there proportioned to their numbers, with the whole Cherokee nation, for which they were to give an equal quantity of land to the United States out of the Cherokee country. This agreement has received the sanction of the Cherokee nation; as well those who have, as those who have not, removed. The census of the nation is, by positive stipulation, 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 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 wis dom of your honorable body, the enacting of such procure a statement of the quantity of the circulatJaws as in their operation will best guard the pooring 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 dis encumbered 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 provi-with dispatch and in strict conformity with the sions. plan submitted. These reports were forwarded

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 a spirit of amity and compromise, and yet with a due regard to the interest of the state of Tennessee.

It has been with no inconsiderable concern that to James D. Reynolds, esq. at that time a member I have for many years witnessed the hardship and of congress from this state, with the view of having injustice of with-holding from a large portion of them laid before that body; but whether they our fellow-citizens, the possession of lands acquired reached him too late in the session to be acted upequally as fairly and honorably as any others in the

on, or how they were disposed of, I have not been connection with other reasons, imperiously demand advised. 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, I 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 mo ́tion 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 Lam 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 two to three hundred thousand souls, and that 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,

The object of improving rivers and public roads ought not to be considered exclusively in a pecuniary point of view; for in addition to commercial facilities, they, by a concurrence of interesting circumstances, invite us to associate with each other, by which we become more intimately acquainted, our interests cemented, and our social ties every way strengthened.

circuit, William B. Martin, esq. is appointed solicitor general, vice John Catron, esq resigned.-William C. Mynatt, esq. has been appointed com missioner for East Tennessee, vice Robert H. Adams, esq. resigned. The vacancy occasioned by the expiration of col. Williams' term of service as senator in congress, was filled by the re-appointment of that gentleman in the called session of the senate in March last. The vacancy occasioned by the insani ty of George Poyzer, notary public for West Tn. nessee, is filled by Washington Perkins. The wa cancy 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 authoI 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 impresthe 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 coabursed 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 expecta1 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 discre wishes 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 plainly 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. sit, with an equal compensation to what is now, by special law, given for similar services in the supreme

courts.

JOSEPH McMINN.

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 redundansy in the office, I beg leave to recommend that an equal distribution be made amongst the different counties composing the state.

Adj. and ins. general's office, Aug. 27, 1817. GENERAL ORDER.-A general court martial will assemble at Davis' hotel, in the city of Washing, ton, 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.
L'. col. W. K. ARMISTEAD, eng.
Lt. col. J. V. BALL, 1st infantry.
Lt. col. G. ARMISTEAD, Corps of art.
Lt. col. W. LAWRENCE, 8th inf.
Lt. col. R. JONES, corps of art.
SUPERNUMERARIES.

Major J. M. Davis, staff:
Major W. M'Donald, 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.

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 gene- Adjt. and ins. general's office, Sept. 3, 1817. ral welfare of the state, and thus far I entertain GENERAL ORDER.-Samuel Wilcocks, esq. is apthe highest expectations they will receive your pointed special judge advocate of the general court sanction, martial, of which col. Wm. King is president, or The framers of the constitution with an eye,dered to convene in this city on the 10th inst. generally, to make the different departments of go. Thejudge advocate will arraign the prisoner for vernment operate as a check upon each other, have trial, will furnish charges and evidence in support in this instance seemingly associated the legislative of the same, and be accountable to the court for and executive departments, so far as to authorise all the proper details. the head of the latter to recommend to, and confer with, the former. But to the honor of those who

Should a prosecutor and counsel appear, their wishes will be submitted to the court through the

judge advocate. When the court has finished its proceedings, the records will be delivered to the judge advocate, and the president will report to this office for orders. By order,

D. PARKER, adjt. and ins. gen.

The proceedings of the court martial lately or [dered for the trial of It. co!. 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 insurmountable Franklin Wharton, of the marine corps. A doubtjobjection is applicable, and he is willing not to press being suggested, whether a court composed ex-a question on the existing court against the opiclusively 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

The judge advocate gave it as his opinion that marine corps, as well as others of the army, be addthe court had competent jurisdiction in the case; fed to the court for the trial of the said officer. but the question being considered of importance, JAMES MONROE. 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 lowing correspondence:

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 fol-which colonel King is president, directed to convene in this city by general order of the 27th of August last..

GEORGE GRAHAM, esq. acting secretary of war. 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,
SAMUEL WILCOCKS,
Special judge advocate.

Washington, Sept. 11, 1817.

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 Archibald Henderson, of the same corps.

Neglect of duty.

CHARGE 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 uniform of the corps, reviewed or inspected any part of the marine corps, either at the head quarters of the corps or at any of the navy-yards, where guards of the marine corps were stationed.

Specification 4. In that he has neglected, notwithstanding repeated applications from captain Robert D. Wainwright, to give such an order as would justify 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 Cordwell, have been unjustly and oppressively kept in confinement beyond the period of their sentences by the court martial, and whereby those sentences remained unexecuted on the 8th June, 1817.

Specification 5. In that Peter Moore, a private soldier in the marine corps, has been unnecessarily and oppressively kept in confinement at the marine

By order,

D. PARKER. Adj. and Ins. Gen.

barracks, 'Charlestown, Massachusetts, in conse. the sentence of the court, lieutenant colonel Wharquence of no notice having been taken by lieutenant ton is honorably acquitted, and the court martial is colonel Wharton of a report made by captain Wain- dissolved. wright, on the 18th March, 1817, of the voluntary surrender of the said Peter Moore, on the 3d of that month as a deserter, and in consequence of which the said Peter Moore still remained in confinement on the 8th June, 1817.

CHARGE IT.

Conduct unbecoming an officer and a gentleman. Specification 1. In that, notwithstanding it was conmunicated to him that his military character had been assailed in its tenderest point, in consequence of the course he pursued at the time of the capture of the city of Washington, by the enemy, he did decline, and has ever since declined, (though communications have been made to him to the same effect, of late date,) to take any effectual measures to put a stop to reports so highly injurious to his own character, and of such great disadvantage to the corps under his command.

Adt. and ins. general's office. September 29, 1817. GENERAL ORDER.-At a general court martial, of which lieutenant colonel Towson was president, convened at Fort Independence, in the harbor of Boston, on the 5th of August last, was tried brevet second lieutenant E. S. Gantt, on the following charge and specification, viz.

CHARGE.-Sending a challenge to an officer to fight a duel.

Specification.-For that the said Edward S. Gantt, second lieutenant by brevet, at Fort Independence, in the harbor of Boston, on the twenty fourth day of July, one thousand eight hundred and seventeen, did write and send to captain John R. Bell, of the regiment of light artillery, a challenge to fight a duel, in the words and figures following, Specification 2. In that, on or about the 14th of viz. "Sir, the epithets that you were pleased to beApril last, he did use harsh and ungentleman like stow on me yesterday are such that no gentleman language towards John Hall, esq. at that time a ma- can submit to. You, therefore, will either recal jor in the marine corps, in these words: that he was what you have said, or give me that satisfaction a a liar. gentleman must require. My friend will hand you Specification 3. In that, he did subsequently re-this, and will settle every thing. E. Gantt, Fort Infuse to make satisfactory reparation to the said John dependence, 24th July, 1817," or words to the Hall, esq. for having used towards him such harsh same effect. AB. EUSTIS, lieut. col. and ungentleman like language. Commanding It. artillery, Fort Independence, 25th July, 1817.

ARCII. HENDERSON.
Brevet major marines.

Washington 27th Aug. 1817.

SENTENCE,

The court confirm the plea of the accused, brevet second lieutenant Edward S. Gantt, of the regiment

The prisoner was then asked by the judge advo- of light artillery, to the charge and specification cate whether he was guilty of the matter of accusa-exhibited against him; and in conformity to the tion; to which he replied that he was not guilty. twenty fifth of the rules and articles for the governThe prisoner objected to the first and third spe-ment of the armies of the United States, sentence cifications of the second charge, as being too loose him to be cashiered. N. TOWSON, and general but did not object to any amendment Brey. lieut. col. It. art. fresident. being made in this stage of the business by the R. H. WINDER, army judge advocate, judge advocate, as the prosecutor, who declined making any amendment.

and of the court.

The court, on deliberation, determined that no By the same court was tried captain W. F. Hoevidence should be given under the first and third bart, of light artillery, on the following charge specifications of the second charge, because they and specification, viz: were too general.

CHARGE.-Being a second and carrier of a chal

A motion was made by the court to exclude alt lenge in order to a duel. the evidence under the second specification of the

Specification-For that the said William F. Hosecond charge, which was overruled; but they de-bart, captain in the regiment of light artillery at termined to receive no evidence of any occurrence Fort Independence, in the harbor of Boston, on that did not take place within two years before the the twenty-fourth day of July, one thousand eight order for convening this court. The prisoner retindred and seventeen, did carry and deliver to gretted the decision of the court on this point, as he captain John R. Bell, of the said regiment of light did not object to any evidence as to occurrences artillery, a challenge to fight a duel, in the words that took place beyond two years from the date of the order for convening this court.

September 20.

On reconsidering the motion in relation to the 2d specification of the 2d charge, it was determined that, as the specification contained no military of fence, the court would receive no evidence in support of it.

22d September, 1817.

and figures following, viz. "Sir, the epithets that you were pleased to bestow on me yesterday, are such that no gentleman can submit to. You, there fore, will either recal what you have said, or give me that satisfaction a gentleman must require.My friend will hand you this, and will settle every thing. E. Gantt, Fort Independence, 24th July, 1817"-or words to the same effect; and the said William F. Hobart did then and there act as a selieutenant Edward S. Gantt, AB. EUSTIS, lieut. col. commanding lt. artillery.

The court being cleared, after mature delibera-cond to brevet second tion, find the prisoner not guilty of the first charge in order to a duel. and the five specifications under that charge.

The court, therefore, honorably acquit the pri| Fort Independence, 25th July, 1817. soner, lieutenant colonel Franklin Wharton,

WM. KING, Col. 4th Inf. President. Saml. Wilcox, Special Judge Advocate.

Adjt. and ine. general's office, October 1, 1817. GENERAL ORDER.—The president having approved

SENTENCE.

The court confirm the plea of the accused, captain William F. Hobart, of the regiment of light artillery, to the charge and its specification exhi bited against him; and in conformity to the twentyfifth and twenty-sixth of the rules and articles für