Mr. Livingston was here lately, and finding that we considered the Batture as now resting with Congress, and that it was our duty to keep it clear of all adversary possession till their decision is obtained, wrote a letter to the Secretary of State, which, if we understand it, amounts to a declaration that he will on his return bring the authority of the court into array against that of the executive, and endeavor to obtain a forcible possession. But I presume that the court knows too well that the title of the United States to land is subject to the jurisdiction of no court, it having never been deemed safe to submit the major interests of the nation to an ordinary tribunal, or to any one but such as the Legislature establishes for the special occasion; and the Marshal will find his duty too plainly marked out in the act of March 3, 1807, to be at a loss to determine what authority he is to obey. It will be well however that you should have due attention paid to this subject, and particularly to apprize Mr. Grymes to be prepared to take care that the public rights receive no detriment. I salute you with great respect and esteem. TO GOVERNOR LEWIS. WASHINGTON, July 17, 1808. DEAR SIR,--Since I parted with you in Albemarle in September last, I have never had a line from you, nor I believe has the Secretary at War with whom you have much connection through the Indian department. The misfortune which attended the effort to send the Mandan chief home, became known to us before you had reached St. Louis. We took no step on the occasion, counting on receiving your advice so soon as you should be in place, and knowing that your knowledge of the whole subject and presence on the spot would enable you to judge better than we could what ought to be done. The constant persuasion that something from you must be on its way to us, has as constantly prevented our writing to you on the subject. The present letter, however, is written to put an end at length to this mutual silence, and to ask from you a communication of what you think best to be done to get the chief and his family back. We consider the good faith, and the reputation of the nation, as pledged to accomplish this. We would wish indeed not to be obliged to undertake any considerable military expedition in the present uncertain state of our foreign concerns, and especially not till the new body of troops shall be raised. But if it can be effected in any other way and at any reasonable expense, we are disposed to meet it.