I know of no law to prohibit her taking in arms or military stores in the way of trade, or for necessary self-defence. To the PRESIDENT. RICHARD RUSH, LAND CERTIFICATES. When the register at Kaskaskia had issued two certificates for the same land to two different persons, held that the first had preference. WASHINGTON, August 8, 1816. SIR: I have examined the case which the enclosed papers present, relative to the conflicting claims between the heirs of James Pigot, as. signee of James Ware, and N. Jarrot, to the militia claim of James Ware of one hundred acres, No. 489, in the county of St. Clair, Indiana, and am of opinion that the heirs of Pigot, or those claiming under them, are entitled to the patent. To the SECRETARY OF War. RICHARD RUSH, PATENTS TO PURCHASERS AT SHERIFFS' SALES. Where the local law authorizes a transfer of the right to patents at sheriffs' sales, the purchasers may demand patents. WASHINGTON, August 15, 1816. SIR: The enclosed papers present cases arising in different Territories. As regards the one from Indiana, the extract from the proper law is given, together with the proceedings of the court, and I think that a patent may well issue to Jacob Warrick, who purchased at sheriff's sale. In the case of the claim of John Beaird, or his representatives, neither the law of the Territory of Illinois authorizing a sale of the land, nor any exemplifications of the proceedings of the court of common pleas of Raudolph county, being set out, but merely the indenture of the commissioners given, I cannot form an opinion equally explicit. That given in the case of Warrick may, however, in the end, serve to govern this also. RICHARD RUSH, Attorney General. To the SECRETARY OF WAR. PAY OF OFFICERS OF THE NAVY. The act of April 18, 1814, does not limit the right of the President to increase the pay of the officers and men belonging to the navy, to the close of the war with Great Britain. WASHINGTON, August 16, 1816. I Do not think that there is anything in the act of April 18, 1814, lim. iting the right of the President to increase the pay of the officers and men belonging to the navy to the close of the war with Great Britain, which then existed; but undoubtedly it is in his discretion to do so. I think, however, that no increase ought to take place in their pay since the war, without a new and particular authority from the President. RICHARD RUSH, To the SECRETARY OF THE NAVY. Attorney General. JUDICIAL PRIVILEGES OF FOREIGNERS. The courts of the United States in every State are at all times open to the subjects of a foreign power in friendly relations with them. The more especially will such remedies be extended In & case of fraud. WASHINGTON, October 1, 1816. THE Attorney General, having seen the representation addressed to the Minister of France by Mr. Dufort, president of the royal court at Bordeaux, respecting the conduct of a person by the name of Antoine, charged with having shipped certain effects of value to the United States, with a view to defraud his creditors in France, as well as the letter from the Minister of France to the Secretary of State, dated the 13th of last month, (both of which the Secretary of State has done him the honor to refer to him,) has great pleasure in stating, for the information of those in whose behalf the minister is so naturally desirous to obtain justice, that the laws will happily afford every facility to that end. The courts of the United States in every State are at all times open to the subjects of a foreign power in friendly relations with them; and, on this occasion, the Attorney General is happy to add, that those of his Most Christian Majesty will be entitled to claim the benefit of every legal remedy in as ample a manner as could be enforced by any citizen of the United States. The more especially will such remedies be extended in a case of fraud, which the law is ever sedulous to defeat. In whatever town or place of the United States the effects thus sent off by Antoine can be found, they will be liable to process-either of attachment, or sonie other-rendering them or their amount ultimately liable to the just claims of his creditors. The latter, whether residing at Bordeaux or elsewhere in France, should transmit to the United States evidence of the nature and amount of their debts, under the best forms of authentication prescribed by the laws of France. It would, perhaps, be convenient If, on their arrival in this country, they were lodged in the hands of Some agent or attorney, who might immediately act whenever the effects themselves, or those to whose hands they have been fraudulently shipped, are discovered. The Attorney General forbears, for the present, to add anything further, without being apprized of more particulars of the case itself, or knowing which of the States it may become necessary to apply for process: cach State having its own judicial usages, which govern in some degree the Courts of the United States. All, however, concur in abhorring fraud; and the Attorney General indulges the conviction that every relief it is practicable to obtain through the instrumentality of courts of justice, will be promptly and effectually accorded to the French claimants in the present instance, as soon as proofs of their debts are exhibited. I have the honor to be, &c., To the SECRETARY OF STATE. RICHARD RUSH, CUTTING TIMBER FROM THE PUBLIC LANDS. Neither the statute nor criminal code will authorize prosecution for cutting timber from the public lands as for a robbery. NOVEMBER 27, 1816. SIR: There is no statute of Congress, that I am aware of, that reaches the case of cutting timber from the public lands as a specific offence. Nor will the nature of the criminal code authorize a prosecution as for a robbery. Yet, if the facts be as stated in the within letter, it is such an outrage upon the United States in their rights of property as will lay the foundation of au action of trespass, in which it can scarcely be doubted that just damages would be enforced against the delinquents. The trespass, how ever, being local, the attorney of the government in that quarter who would conduct the suit should also, perhaps, be asked to furnish his advice upon the occasion. If the hint of this officer's back wardness bet true, it would seem to raise a necessity for an immediate substitute, as the prompt instrumentality of an attorney for the public will be indispen sable towards upholding the authority of the laws. The facts are important; the communication anonymous. Names are mentioned. Are any of them known? What is stated may well awaken attention, coming, as it does, from an intelligent hand, and dealing so in particulars. But can the government venture upon any positive step, without intermediate inquiry and further corroboration? As to the Indians alleged to have been killed by Fisher and his party, the laws of the United States which protect them in these cases (if within their own territory) would seem to render nothing further necessary than the proper testimony to warrant an indictment for murder. Might the letter, or an extract from it, be transmitted to the attorney of the United States? To the SECRETARY OF WAR. RICHARD RUSH, COMMUTATION BY GUARDIANS. A child must have been under sixteen years of age at the death of the non-commissioned officer, musician, or private, in order to invest the guardian with the right to commute the bounty land for half-pay. WASHINGTON, December 24, 1816. SIR: Under the second section of the act of Congress of the 16th of April, 1816, entitled "An act making further provision for military ser vices during the late war, and for other purposes," I am of opinion that the epoch of the death of the non-commissioned officer, musician, or private of the regular army, marks the point of time at which the child or children must have been under sixteen years of age in order to invest the guardian with the right of commuting the bounty land for the half pay proposed as its substitute. It may be scarcely necessary to add, that, at the period of the relinquishment, the legal rights of the guardian over the estate of the minor must be in full existence. RICHARD RUSH. To the SECRETARY OF WAR. PETTY NAVY OFFICERS. Boatswains, gunners, carpenters, and sailmakers were intended to be included in the resolutions of Congress of the 6th of January, 1814. WASHINGTON, August 27, 1817. SIR: I am of opinion that, under the fourth clause of the resolutions of Congress of the 6th of January, 1814, the boatswain, gunner, carpenter, and sailmaker were meant to be included, and that they are entitled to the benefit which it holds out. But for this construction they would receive nothing, as the term "warrant officer" does not occur in any part of the resolutions. It is impossible to conceive any good reason why they should be left out altogether, seeing that even the seamen are provided for. If they do not technically come under the term "petty officers, bound to suppose, in order to a just interpretation of the clause, that Congress nevertheless intended by it to include them. To the SECRETARY OF THE NAVY. we are RICHARD RUSH, AMERICAN PRISONERS AT ALGIERS. A consul of the United States for Tunis, with instructions from the Department of State, authorizing him, if he could find a suitable channel through which to negotiate the immediate release of the American prisoners at Algiers, to go as far as three thousand dollars per man, who employed an agent at hire and promise of reward to effect the object; and then drew bills on the State Department for such compensation, and for money paid, &c., in favor of a merchant at Gibraltar-held that the employment of an agent was justified under the power, but that the true meaning of the instructions was lost sight of by the manner of the employment of the agent for a compensation. The proceedings throughout commented upon and reprehended; and other transactions blended with them, complicating the affair, render an application to Congress necessary. WASHINGTON, December 30, 1816. SIR: On the case of Mr. Noah, stated to me by the Secretary of State in his letter of the 22d of this month, the following questions arise, and are submitted for consideration: 1. Whether the power given to Mr. Noah for the ransom of our prison. ers at Algiers, under his instructions from the Department of State of the 13th of April, 1813, justified the employment of an agent under him; or, if any, such an agent as he employed, and in the manner stated? 2. If such a power were given, could it be considered as justifying Mr. Noah in the payment of the full limit of three thousand dollars for each man, without any experiment being made to obtain their release for a less sum? 3. Whether the sum charged for the two men belonging to the crew of the brig Edwin can be considered a fair charge? and, if it be, whether that for the four men not of the Edwin's crew can be so considered? 4. Whether the pledge to Mr. Butler, for the payment of certain bills of exchange, can inure to Mr. Lewis, under the whole circumstances of the case?. For the better understanding of the above questions, it will be proper to bring into view the material facts of the case, whether presented to me in the letter of the Secretary of State, or collected from the papers and exhibits, written and printed, transmitted in further explanation of that letter. When Mr. Noah was about to leave the United States as consul for Tunis, he received, among other instructions, the following from the De. partment of State: "On your way to Tunis, (perhaps at Malaga or Marseilles,) you may probably devise means for the liberation of our unfortunate captives at Algiers, whose situation has justly excited much sympathy in the people of this country. Should you find a suitable channel, therefore, through which you can negotiate their immediate release, you are authorized to go as far as three thousand dollars a man; but a less sum may probably effect the object. Whatever may be the result of the attempt, you will, for obvious reasons, not let it be understood as proceeding from this gov ernment, but rather from the friends of the parties themselves. As yet, we have information only of eleven persons (the crew of the brig Edwin, of Salem) being confined at Algiers; and it is to be hoped that no addition has since been made to the number. If success should attend your efforts, you will draw upon this department for the necessary funds for paying their ransom, and providing for their comfortable return to their Country and friends." On the arrival of Mr. Noah at Cadiz, in the autumn of 1813, he thought proper to select Richard R. Keene, a native of Maryland, but claiming at that time to be a Spanish subject, as an agent to negotiate the liberation of the captives in question. Before any final agreement, however, with him, Mr. Noah addressed a note to Mr. Hackley, consul of the United States at Cadiz, dated October 2, 1813. In this note he states that he is authorized by the United States to negotiate for the release of these prisoners. After touching upon other matters connected with the chief subject, he expresses a wish for Mr. Hackley's advice in the designation of a suitable agent, and on the compensation proper to be allowed him. Mr. Hack ley states, that, having learned that Mr. Keene had proposed to undertake a voyage to Algiers to effect the contemplated release, he does not hesitate, after a tribute to his character and abilities, to recommend him as a person every way qualified for the attempt. In regard to compensation, Mr. Hackley also states the amount to which he thinks Mr. Keene would be entitled. On the receipt of this letter, Mr. Noah determines upon the employment of Mr. Keene, and, on the 13th of November, 1813, enters into a contract with him. It is stated in this contract that Mr. Noah is vested by his government with competent authority for the step he is |