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PUBLIC ‘ACT.
October Session, 1818.
An Act-to incorporate John L. Sullivan and his.
associates for the purpose ofconstructing locks,
dams, and channels, at Enfielcl falls.
IBE it enacted by the C_z'ove7'n0r and Council
, dnd House of Rc]zrcsem‘atz'vcs in General
Cozurassezzzblca’, That John L. Sullivan, and oth-
ers ,who may unite with him, to openthe falls,’
in Connecticut river, at Enficld, in this State, or
to lock the same, be, and hereby are incorporated
hythe name and style of the Projzrietars g‘ En-
field Lac/:5’ and Cbamzc/.s-, and by that name may
sue and be sued,'prosccute and be prosecuted to
, final judgment, and do all matters and things usu-
ally and ‘legally belonging to corporate bodies,
and may make by-laws and regulations for the
management and government of‘the affairs ofthe
corporation ; 1’ro-aided, the‘same be not repug-
nant to the laws of the State. f ’
' §2. And whereas the proprietors of Enfield
bridge were formerly vested with power and au-
thority to construct locks at the said falls, and did
on the first day. of Oct_obe_r, A. D. 1808, petition
for the appointment of_a committee to examine
_the falls, and state what should be done in the
premises : And, by a resolve of the General As-
sembly, hearing date May 1809, the lion. Asher
Miller, Shub_a_el__ Griswold, and Eli \Vhitney,
Esquires, were appointed accordingly, and after
the execution of their commission, did make a
report, which was accepted by the General As-
sembly, in which it is recommended ‘to permit
the postponement of any further proceedings re-
lative to the improvement ofithe navigation at
Stlrf and M-ad—Tom bars, until a company shall
appear, to undertake the erection of locks at both
the upper andlower falls ,_-—'1'/zcrc;'fo'rc, and in or-
der that the said proprietors may yet participate
in the undertalcing, ’ I
t "Be is fzu-zbz.-r enacted, That they, the said pro-
prietors of Enfieid bridge, shall be again author-
izerl and empowered to lock the upper part of En-
_fi":lI.‘ falls, called Mad-T-om and Surf bar, provi-
t'lL't'.l 2-. majority of the proprietors shall, within
tltirtydays from the rising of this present assem-
hly,'pass a vote and take measures to carry the
am-2 into effect’ without delay: Or otherwise,
hall, at their option, have a right to subscribe in
iroporticn to their present ownership, for one
ballot‘ the shares in the locks and channels: Pr-.'.2-
1:i(1.~d. they shall subscribe within thirty days from
the time that public notice shall be given by said
Sullivan, in two newspapers printed in llartford,
that such subscription is opened.
Be it fzzrt/ter cnactcd, That as the number
of Shares in the said bridge is two hundred, the
C‘.
in m I
I-,',nttnibet' of shares in the said locks and channel
shall be four hundred :_ and the property herein
‘_shall be considered as personal estate.
§4. «ind be it _/i.'1't/zcr emzrtrd, That the pro-
pri.:t_ors of the said locks and channels, shall have
‘liberty to construct dams for the purpose of en-
tering; (\’.‘.(l leaving the lo!-‘.l{S in still water: Pro-
‘zzfdczz’, the extension and form thereof, shall be
such as not to prevent the convenient. passage of
la;ntber down the river, nor obstruct the passage
of fish : ancl,/zroc-z'a’ccZ, also, that in the c-mstruc-
tion thereof, there shall still be left a fall above
saitl Enlield bridge, for its protection against the
co, either in the _n__atural bed of the river, orover
he dam there to be erected, and that no other in-
urv shall accrue to said bridge in consequence
of uzkltlg‘ said falls. ' '
<35. flrzd 7-wzcrcas, the said Sullivan and his as-
sociates, in his and their corporate ‘capacity, must
;necessarily expend a large sum of money in the
1'
.
1
L
1...: .
1
\.
'' construction of said works, and be at much risk
from freshets and ice, and will be entitled to toll
tideqttate to rcmunerate them for their expendit-
ures and risk : ./1n:1~.u/zcrcas, it is important to the
iInl.Cli()l', trade, to burden it as little as possible
with impositions and expences,
Be it t.’zcr.';fore fair!/zer emzc./ed, That there
sh-.\ll~ he no toll on any article whatever, which
passes down the river, unless through the locks.
And that there shall be a toll of seventy-five (,.ts.
per ton of actual» loading on all that shall pass up
the river, through or by said falls, in any way or
manner whatever, in boats, payable at the locks
or works,"unles;-3 previously paid-—and fifty cents
per ton on all loading which shall pass down
the river in boats through the locks or either.
of them.
§ 6. './722.’! =zc/gercas, It is of great importance to the
business on the river, and to the’ comtnunity,vtb'.tt
the said falls should be thus improved and render-
ed permanently navigable in the most convenient
manner : ' ' "
T/zc-rqforc, be it further‘ enacted, That so long
as'the proprietors bf Enfield locks and channels
shallkeep the same in good operation and repair,
this grant and incorporation shall continue; sub-
ject however, to the provision hereinafter made.
But if the said proprietors, whetherofthe upper
- or lower falls, shall suffer them to fall into decay
and become useless, and the same shall so contin-
ue during two successive summer seasons, this
act sliall cease and be void. And if the said falls
. shall not be rendered conveniently navigable with-
in three years from the passage of this act, the
same shall be null and void.
§7. Be it ,"ur-t/"ter cnaczérzl, That '\Villiam Ely
and Joshua Stow, Esqrs. be, and they are hereby
appoiotetl commissioners, to superintcntl the con-
struction of said locks and chann ls; and they
are authorized and directed carefully to inspect
the same, and cause them to be so constructecl,
that they shall=not in any manner, impede the
progress of fish up the ri'ver’; or the passage and'
floating of timber, or any other property down
the river. And no toll shall be collected at said
lt,«;l~:s until the proprietors thereof, shall obtain
froxn said commissioners a certificate that the
same have been constructed, and have been com-
pleted in a manner satisfactory’ and acceptable to
th.-rm. Avril it shall be the duty of said commis-
sinners, to report to this assetubly, their doings
in the premises. ' _
./[ml be it _fi.v_za1l;/ enacts-1.’, That the said
Sullivan is hereby authrlrized to call the first
zr.’-.-e.-.n~.,;; of the proprietors, by advertisement
I
l
choose the usual oflicers of incorporation for sim-
.to them, in consequence of the erection of locks,
should.
from the imputation of injustice. He had been
tiiereof in one newspaper printed at Hartford,
'-Wl one newspaper printed at Springfield---and
at the same or any subsequent meeting, may
ilar purposes. _ .
./Ind fzrovided also, That the proprietors ofsaid
locks and chantrels,- shall be holden at all times,
to pay and satisfy to the owners ofrealestate ad-
joining said river, all damage which shall accrue
dams and channels. . ,
Prat idI.'d /z0*we'vcr, bat this act, or ahyrpart
thereof, may at any time be altered, amended, or
revoked by the General Assembly. V _
General ./1.5-scmbly, October Session, l8‘l3.
GIDEON TOMLlNSON,- S/mt/rcr
of the blouse of Re/zrcscnt/ztivcs.
OLIVER VVOLC()'l"l', Governor.
Attest——'l‘uoM'As DAY, 'ec1fetar_z,I.
————-uvzsn-:1:-~$:'§-:1:-can-———
Congress.
Housr. or REi‘REsE)I'l‘ATIVES.
January 18.
DEBATE ON T HE SEMINOLE VVAI’.
Mr. COBB, of Georgia, commenced the de-
bate, by obserx ing, that although he concurred in
opinion with the military committee, as ex"-
presscd in their report under consideration, yet
he thought they had not gone far enough. There
were other matters, arising out of the late Semi-
nole war, which he thought of infinitely greater"
importance, and, in comparison with which, in-
deed, the trials of Arbuthnot and Ambrister were
objects of but secondaryconsideration. As high-
ly,‘ therefore, as he disapprovedthe proceedings
in the trials of thesernen, -yet, as by the report,
the matters to which he had allusion were not
presented for consideration, he held in his hand
certain ‘resolutions which it was his intention to
propose, by way_of amendment to the report of
the military committee. [l\-Ir. Cobb here read
the amendment which ‘he subsequently°moved.]
From these resolutions, the committee of the
whole would observe that it was his intention, to
open the w/zoZc_/iczzl of debate,’ and to present for
discussion, not only the Irialsqf these men, but
the ca/icurc of the S/zanzlslz /lasts of St. Marks,
Pensacola and Barancas, in which, he believed,
there had been a most flagrant breach of the con-
stitution of the United States. But as, notwith-
standing the amendment he was about to pro-
pose, the resolution of the military committee
would stand first in order, he would proceed to
make afew remarks as to the subject matter of
that resolution.
In attending to the trials by-‘court martial of
those two Englishmen, the first objects for con-
sideration which presented themselves, were the
c/zru-gas exhibited against them. Reasoning up-
on the supposition that they were true, he was
perfectly at a loss to know what law, martial, mu-
nicipal or national, was violated. Against what
law had they offended 3 He was not certain that
he per-fectly understood what was national law in
this country. \Vere he to view"it in the light
that it had been explained and "enforced by some,
he must be compelled to consider it as paramount
autliority indeed ; so ltigltin its nature as that it
could be made to 8u.s;i.’c11(l the cm.stz'z'u.'z’on z'tsc_lf.
He had not yet obtained his consent to give it
this cmnz'/iotent effect, and he hoped he never
He had thought, and yet believed, un-
.‘.il he could have some proofs to the contrary,
that it was contained in that body of-laws estab-
lished by» the Congress" of the U. States for the
government of the ‘army, commonly called the
‘ Rules and Articles of VVar.’ If he was correct
in this opinion, (and he presumed no gentleman
would controvert it,) he had searched in vain,
(and he had used no little industry to discover)
for that clause against which Atbuthnot and Am-
brister had offended, in the commission of the’
acts charged against them, and for which they
were can-uiczed. It was true, there was a clause,
subjecting to death those who should be convicted
of being ‘ spies.’ But, although these men, or
one of them, was charged with this, yet he was
acquitted of that charge, and for that reason it
would be unnecessary to take further notice of it.
Tlieioflbnce for which they were convicted and
sufl'ercd death, was that of ‘ exciting and stirring
up the Creek Indians to war against the United
States and her ‘citizens, they being subjects of
Great Britain, with whom the U. States are at
peace ;’ ‘ of aiding, abetting, and comforting the
enemy, and supplying them with the means of
war ,’ ‘ and leading and commanding the Lower
Creeks in carrying on war against the U. States.’
Admit the truth of the facts contained. ‘in these
charges, are they declared penal in any part of
should rejoice in learn it. 'I'le7cct'tainly could
have no wish to remain in error.
The next point occupied by Mr. Cobb was as
to the evidence under which both, or one of the’se
men, were convicted. He had understood that
the rules of evidence, in courts martial, differed
very little, in principle, from those establish-
ed in the courts of common law. It was so
declared, he believed, by the only American au-
thority, (Macomb on Martial Law,) that he knew
any thing of, on that subject. he presumed it
would not be denied. But sir, said be, if we test
the eyiclence produced in those trials by those
rules, we shall blush at the shameful perversion
of justice therein displayed. The evidence of
papers, not produced or accounted, for, the belicj
of persons whose testimony of_/Zzctsi ought to
havebeen doubted, /Icarsay, and that of Indiaizs,
migroes, or at/zcrs who, had they been present,-
could not have been sworn, were all indiscrimin-
lnately admitted and acted upon. -Miserable, in-
(l:.'t:(l, will be the precedents established by l/zis
court martial for others which may hereafter be
formed l More need not betsaid on this subject.
Mr. C. next called the/. attention of the com-
mittec to the sentence under which Ambrister
was executed. He had’strong doubts whether,
upon giving a fair construction to the rules and
articles of war, the p7’oceedipgs of the court mar-
tial ought not to haye been laid before the Presi-
dent of the U. Slates before the sentence was
carried into effect/. But he waved the examina-
tion of this queftion. It seems that the court
first sentenced .Amhrister to be shot : but one of
the members having asked a reconsideration of
the sentence, before ‘the proceeding were submit-
ted to the commanding general, it was allowed,
and another punishment aW_al‘de(l, as ignominious
in its nature as imagination could well conceive,
but which‘ yet spared life. Now, will it be con-
tended that this reconsideration, and change of
sentence did not, to all intents and purposes, ren.
der null and void the first sentence ? Can it be
said, with any truth, that th_ere was any other
sentence than the one last passed, in the case ?
_I5ut, unfortunately, the first sentence was not era-
sed from the proceedings ofthe court. It is there
found by the General, when they were submitted
to him, and, by a /rig/z st"'ctc/z of power, he avails
himself of it--‘ approves the finding and first
5Entence—disapproves of the reconsideration and
first sentence,’ and directs the man to be execu-
ttd l To me, sir, said Mr. C. this proceeding has
upon its -face a cruelty that excites my greatest
dis-approbation. The last thing to which Mr. C.
would call the attention of the committee was the
jjrinciple by which the commanding general~pro-
'ft.~‘.ses to have been governed in ordering the exe-
q'ut_ion of Ambrister, and which in its extent, as
contended by the report of the committe under
t*,onsideration, applied with equal force to the case
all Arbnthnot, It is in these wor-ls : ‘ It is an es-
tbiishcd principle of the law of nations, that any
iidividual of a nation making war against the
itizens of another nation, they being at peace,
orfe-its his allegiance, and becomes an outlaw
-ad a pirate.’ The military committee, in their
.,;-;.r..\t't, have very properly denied the establish-
heat of any such principle in the law of nations.
Sir, said,. Mr. C. I boldly challenge any man of
common sense to prove the existence of such a
principle, to the extent it is here laid down.—_
Reason, propriety, justice, and humanity, all cry
z”.it)1l(l against such a principle ? So far as my re.
searches have gone, it is absolutely denied by the
writers on- national law; and, I sincerely hope,
will be absolutely denied by every member ofthis
committee. If this principle was true, then La
if-‘ayette, De Kalb, Pulaski, and a large host of
fureignei's, who joined the standard of our fathers
iu"tl‘.e revolution, and, by their blood, and at the
eitpense of their lives, aidediin the establishment
0.‘ the independence of this nation, were ‘ outlaws
and pirates ;’ and had they been captured, were
subject to have been tried and sentenced to an
igttohiinious death by a court martial. For, when
they entered our service, they were ‘ individuals
of a pation at peace’ with England, and they, af-
ter they joined our at ms, ‘ made war upon Eng-
landland her citizens, and thereby forfeited their
allegdance.’ Sir, is this committee prepared "to
limrsltlicse men with the titles of ‘ uutlttws and
piral-s,’ by their sanction to this principle 3“ I
will riot yet believe it. 5,’? -
But, it may be said, that these Englishmen
having ‘joined a‘ savage nation, who observes no
rules’, and gives no qurrte-r,’.we have a right to
treattlietn precisely as we might treat the sava-
ges whom they have joined, and that we would
have a right to put the savages to (leath, upon a
principle of retaliation. Let this position for a
the Rules and fxrticlcs of War? Or are they
therein declared to be proper subject matters furl
trial before a court martial .1’ If they were not. it;
general had transcended his powers in orderingj
the court, and that the court itself had strctchcdtl
its prltvets to an unwarrantable length, in acting:
upon matters not cognizable before them. ltl
would he arguingto little purpose to prove, that,
the crimes contained in these charges were not
embraced in the rules and ‘articles of war. It?
would be sttli‘it:ient, at present, simply to deny
that they were, until those who differed from him
in opinion attempted to prove the aflirinative of
the question.
Mr. C. thought it would be an at,tetnptequ_ally
fruitless to prove that the mattercharged against
these individuals constituted an offence against
national htw, for which they were answerable he-
foro a court‘ martial. He dirl -not profess to be
deeply read in the law of nations. He had, how.
e‘Ier,searche(l, in the hope that he could find some
justification for this most novel proceeding, -ll
the writers upon that subject‘, upon whose works
he had been able to" lay his hands. He had com-
menced and prosecuted this sea ‘ch under the
most anxious wish for success. It had been an
an object of great solicitude with him to rescue
both the court and the general who ordered it,
compelled to desist, chagrined and disappointed.
If any otl:er"gentle.man had been fortunate, he
moment he admitted, and yet it will be‘ evident
that the pr_inciple under which we should" pro-
cced would be a very different one-—-towit, that
followed as a consequence, that the comman-ling} of retaliation. For, even savaggs c;,nnotyeg‘u1a,--
ly be put to death, until they refuse ‘ to observe
rules, or give. quarter.’ , In order that the prin-
ciple. established by Gen. Jackson may be appli-
ed, it must. undergoa material amendment. In-_
stead‘ of the words in which it is couched, it
should read thus—‘ it is an established principle
oftlie law of nations, that any individual of a na-
lion, joining savages and barbarians, =w/zo obscrzte
no 7'_u.’es and give no‘ quarter, and making war
against the‘<:itizens of another nation, they being
at peace, becomes /zz'msc{/‘ a savage and barbarian,
and may be treated as suc/z.’ Under "such a prin.
.ciple there would have been more justice, (hu-
manity being out of the question) in putting Am-
l)l later and Arbuthnot to death.
Mr. C. then proceeded to inquire, wliether. the
commanding general of the American-army pos-
sessed the /Iawcr to exercise the right of retalia-
tion '? If in its exercise there is any responsibili-
ty,- he contended it was placed upon the nation.
They were accountable to all other nations for the
7ml7:.nc7_' in which they conductedtheir wars.—-
Tb tl;:e- nation, t_herefore,it belonged, to establish
the 7‘ut'es of war, by which it would be governed ;
and the authority by which they were to be estab-
lis‘lte(i,_ was that in whose hands was ve_ste(l the
piglgtof declaring war. In their cstablishrnen-t,’
l
n
5?:
\ .
ity, txc. was ‘deeply involved. ‘W ho,
,.
power ?—-'-Mr. C. ‘thought he was'not singular iri
this opinion. He, believed that the late Pregif
dent of the-U. States, the virtuous James l\£l-ad:
dison, was of the same opinion.- For when,‘ du.‘
ring the late war, it was thought necessary [5 gp;
ply the retaliatory pt-inciple,did he believe himself
clothed with power to do it, although command-
alone. To Congress hetappligd for the power,
and by a special act they conferred it on .him._‘
as conclusive authority. ‘ :
I$ttt—he would inquire how long this retaliating
prtnctple, even ujzon savages, had been in op~e.,.a_;
tlon in this country? so far as his memoryseriv.‘
‘ed him, the Seminole war afforded the first ins.
tance in which it had been exercised','from the
time of ‘the establishment of the provincial go-.7-
ernments, up tovthis day. In the Indian wars in
1793-4-5, he recollected to have heard of no’ in.
stance ofit. During the late war with .England.
white _men were captured after the niass2fci~e'a:
the river Raisin, while lighting by the Sldciof the-
savage, and were not put to death. N-.;y., (gem.
Jackson himself had in his hands the re.-,. 1ead_
ers of this merciless band, who butchered the
hundreds of his coun_tn_v men, whose bones ate
now_ mouldering under the ruins of Fort Mims
and did not put,them to death ! \Vhere zlmz wag:
Ins avenging arm? Why did he not then brandish
the sword of retaliating justice? No! Hg: had
ers. But, now when the United States have no
other enemies to contend with than the small
tribes of the Seminole Indians, aided by a few ne-
groes and Upper Creeks, it has become, all at
once, necessary, after they have been def¢a;cd
and dispersed, and their towns destroyed, to cx-
ercise retaliation I In one day has the’ fair char-
aater of this nationbecn blasted! '1‘ha1.cj,a,.ac_
ter for justice and mercy in which we thought
ourselves pre-eminent, and of which we had‘ so
proudly boasted to the other nations ofthe earth,
is now prostrated as low as theirs. Tlicy can
now’ say to us, boast no more-—you are not less
cruel than other nations. But, sir, said~Mr.'.(';,
I have done with this disagreeable subject. I
turn with disgust from this nauseous scene. I
Mr. Cobb then submitted the resolutions. he
had before read in his place, relative to the ca‘).
ture of the Spanish posts in East Florida,’ as -‘in
amendement to the report of the military com-
mittee. Upon these resolutions be presumed
the door for a discussion. as wide as could be,
was opened. The first resolution pointed to an
act of legislation,»growing out of the adoption of
the resolution submitted by the military commit.
tee. The second disapproved the capture of the
Spanish posts, as unconstitutional, and contra: v
to orders; and the third pointed to a lco~ig1,.m.é
act arising out of such (lisapprovzil. O
A subject involving a breach of the constitu.
tion, said Mr. C. must at all times be an lllfem;-st_.
ing one, to the nation and-‘to Cbngi-css, Such '.-he
considered the one now pt/esenteel to the commit-
tee of the whole. It ought to be discussed with
calm delibe.ration,but with firmness. Tit:-i](_)1)g-_.(if
he had not yet travelled out of this rule. Ii‘, ,_-,0,-,'.
trary to his intention, he had done so, and thcrc-.-
by done injury to the feelings of any, he reg:-¢2_.
ted it ; and would repair the injury by any means‘
in his power. Towards Gen. Jackson, Ml.‘ G0”)
said, lihope I have not used lzttzguage l2l‘.n';‘Cr;5sg,.
rily severe, or unsuited to the dignity‘ (,1‘.1j.,i.7
house. Such was not my intention. If I I,);1\'e
betrayed a want of caution» or calmness, I- hope
the committee will believe it procceeed more
from the unreflécting warmth of hurried debate,
than from a wanton desire unnece,ssarily to nssgif
feelings. To me Gen. .Iackson"is persbnally a
stranger. It is impossible, there-fore, that I can
entertain for him any personal enmity. I 1.;m;w
him only-as a public man-—and it is only in his
public character that I have censured ifs conduct,
In doing so I have no personal wishes to gratify,
no disappointed hopesto revenge, and noime-
rests to promote, butthose of the people, 35,’.
I love my country—--I love her character—-I love
her constitution._ As the representative of the
people of ,Georgij«. upon this floor, I should feel
myself crimirial were Ito permit to pass unnoti-
ced the exercise of ztpower, which, in its opera-
tion, has ziteitdeticy to‘ sap the‘ fair fabric of this
sacred instrument, e.stablished at the expence of
so much blood and i.___ttie,asut‘e. Against the 2’:-
surjzation of-WC/1 0/W957‘: by any individual, I
feel it my duty to raise both my hand and my
distinguished services of Gen. Jackson than I do.
So far as ‘those services'\have been virtuous, and
legal, 1 have joined my‘~,countrymen in c,—'yi,,g
s “.311 dong, good and faithfttl servant ;’ and in be-
thanks. For such service's lfiam still willing to
join in crouding laurels upon his head, until in
bends under the weight of them. But, if they -
are to be acquired by his Utarrlpling upon the con-
stitution, and the“‘oest intere ts of this country,
then shall I wishito see each leaf of these lam-5'15
fade, and fall in ruin to the giround. Nay, the
very brow which they encircle ."nk "
‘ '1'o the 'u_z'[e dust from =:L-'/xc7zccfil{ sprzlng,
Unrve/2:, -an/207201-ea’, and unsulz 1‘ ’..... '
Sir, upon the preservation of t _is instrument
in its purity,‘ depends the freedom ind the happi-
ness of not only the present genera‘)ion, but, as I
would fondly believe, of my riads of )_(H' postcritv,
yetiunborn l l_ . '
{The above (says the Register} is‘
than one half of the speech of Mr.
the rest of his -remarks are confined
little less
}obh——bt1t
x the ex-
been violated by the entry of our troop into.tlie'}
Spanish territory, and the taking posse sidn by
force, of their forts-—_th_at tlpsc amounts t '21 llec.
laration oflwar against_'S_p_airr”--tliat the ‘p vet, of
declaring war is vested'~i‘n- Congress altfne-\V—tl\at
a brcaclz qf treaty by Spain does not..§v.e;i_',.m-.i\t \ '
the l‘/Imam-r of the natibn forjustice, for human— V
l .
give power to the Piesident or a Getibral oil
were the legitimate guardians (if the character ‘ii
of this nation, but Congress-—the war declaring;
(J
er in chief? N0—-he believed it was in Congress‘ -
Mr. C. thought‘ this case should be considered
the south, and in the north-west, in the ve;,,~5’
not then clothed himself with such mighty pow-'
voice. No man can rrlpre highly appreciate the ‘
stowing upon him my plaudits and warmest
pressions of his belief that the Constit tion has..; ~
‘.-v-33‘ s0,"\ .
Norwalk Chronicler