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Till’. \FFAIH OF TIIK ( lIF.IIAW VH.I.AUR.
W had, during the last summer, several accounts of
the unfortunate expedition in which tlie Chdiaw Vil
lage was destroyed. The account of it given by the
governor of Georgia, has not yet been before ‘he pub
lic. I’he following documents, among those transmit
ted to the house of representatives on the I—t h nit. re
lating to this subject, we have not yet seen in print.—
.Witiomil Intelligencer.
From the governor of Georgia to the secretary of war.
Executive Department, Georgia,
iWi/letlgevil/e, 1 t June, 1818,
Sir—You will no doubt have been informed
by general Jackson, ere this teaches you ol an
unfortunate attack, recently made, by a detach
ment of Georgia militia, under the command of
captain Obed Wright, on a village in the Cheek
nation of Indians, situated on tnc west side of
l’lint riv er, generally known by the name ol Chc
haw.
In order to bring the circumstances of this
transaction fully before you, 1 must beg leave to
refer you to a copy of a letter written by myself
to general Jackson, (hes with enclosed) by wnicn
you will perceive, that, soon after the army en
tered the nation,and passed fort Eatly, the Indi
ans in that neighborhood, especially from two
towns situated on the east side ot Hint river,
generally denominated i lopannees, and Ehiicm
mees, from child’s of that name, had recommenc
ed their depredations on our frontier. Alter hav
ing waited a considerable time, in ixpec lation of
receiving an answer from the g< nerai, but in vain;
and being repeatedly and earnestly requested by
the distressed inhabitants of that frontier, to afford
them protection against the inroads of the sava
ges; and being fully satisfy dby lette s from re
ap ( table < itizens from ttiat quarter t.iat the mur
de sand depredations committ and, were by Indi
ans from the above named towns, I took upon
rnvsv If the responsibility of ordering a detach
ment into service for tnc special purpose of de
stroying them, and having been convinced l>y
expen. nee, thai small detachments, stationed on
the frontiers, were not sufficient to ensure pro
tection to the inhabitant:, aside Indians, acquaint
ed with their situation, watched favorable oppor
tunities for coming in on some-unguai and. and point,
committing murders, and returni .g with impu
nity. On the 24th of Novcmb r last, 1 received
a requisition from the wai chpaitm nt, request
ing me to cause to lie detailed from major gen
ciai Floyd’s division, five hundred men for the
special put pose of assisting in tlie reduction of
Amelia Island. Orders for this purpose were
immediately given to major general Fioyd, who,
viewing it, s I did, a ease ofemi rgenev, drew
the whole of ths requisitiupirom the first bri
gade-of his divisiOTH the imp. esVon that
tlieir services woulij.-Wb requircdfftT
si >n only. Before the organizatioifof
could be completed, Amelia Island fell into the
hands ofthc-regular force sent against i . Gen
eral Fioyd, notwithstanding, compfbtod the or
ganization, and, without consulting me at all,
they were ordered to the frontier at different
points. Some were ordered to Hartford, lojoin
the two regiments, which were then organizing
to go against the Indians, agreeably to a request
of general Gaines. Among these was captain
Wiigrv.’s company, from Savannah. At tne
time they marched, however, the captain from ill
t as unable to accompany tnem, but snort
illovved on to Ilartlbid and assumed the
lof a small detachment left more, ai
l since appears, he had never been mus
i the service of the United States. Cap
glit having tendered his set vices to lead
dition, and, from the circumstances
ltioncd, believing I had the rigut to
1 him, they were accepted. 1 accord
ered two companies of cavalry fiomtwo
comities, and two companies of iniantiy,
tad previously ordered to different posts
ontier, to rendezvous at Hartford, and
eniselvcsto captain Wright,and aisodi
ptain W. to call on captain Both well,
.e service of the United States, s.aiion
t Early, for assistance, should it be ne-
Tlie only reason l have to offer for
i the troops in the serv ice of the United
the danger to which the frontier is ex
d the necessity for putting a stop to the
sos the savages, which couid only be
done by the destruction ot ti.cii towns, in order
that the inhabitants might return to their homes
and prepare tlieir fa: ins for cultivation, the sea
son lor doing so having then commenced. The
patty, on their march, learning that Ilopaunee
had left his own village, and had taken up nis re
sidence at the Ciichaw tow n, took on themselves
the responsibility of pursuing them there; and
having reached the town, commenced an attack
on it; the result of which was, that several of tiie
friendly Indians were killed. As the dvtacli
nv nt was ordered into service by the state's au
thoiity, and as they had violated tlieir orders by
destroying a fiiendly town, I had ordered an in
vestigation of tiie conduct of the commanding
officer before a military tribunal; but 1 have since
determined to stay all further proceedings, until
the pk asurc of the president of the United States
should be known on the subject. Capt. Wright
was arrested by order of general Jackson, but
was released by the civil aulhoiity. I uave sine
had Kim arrested, and shall keep him confined
k aw ait tiie president’s decision. 1 have the
hi to transmit a copy of g nerai Jackson’s
demanding forthwith tne detivet yof
to the officers sent bv him to ar-
Einflam
mirg a
w iff ai
icrai in
: presi
captain
of the
rannah,
1 With great respect, T have the honor to be,
yom mobi obedient servant,
William Rabun.
The honorable J C. Calhoun,
secretary of war, Washington.
From general Glascock, of the Georgia militia, to major
general Andrew Jackson.
Fort thirty, . If nil 30, 1818.
Sir—l have the pleasure to inform you, that
my command has safely reached this place, hav
ing suffered sonic lime for tlie want of meat. —
j Tne Gods have proved equally propitious to us
on our return as on our advance at Mickasuky.
Some of my men were neai iy out of corn, and
searching about some old houses that hud not
been ( onsumed, to see if they could make any
dis< overy in entering one of them, to their great
astonis.im maud surprize, they came across tne
man wno was lost f. om captain Watkin’s c mpa
ny, on tiie ‘3d of April. It appears, from nis
statement, that lie was taken with a kind of cramp,
and was unable to move and became senseless.
When he recovered, he became completely be
wildered, and never could reaen tiie camp; lie,
theiefore, concluded it was prudent to secrete
himself in some swamp, and after wandering
about some, time cam across a parcel of corn, on
w .ich he subsisted until we found aim: he way
veiy mum reduced, and apparently, perfectly
wild. O.i u.amig .tGray struck a trail, pursued
i about a mil ad a .ulf, came to a small imt,
w.iicn, fortunately, contained 50 or 60 busheis of
corn, some potatoes and peas, wnich enabled us
to reach the Flint, opposite Chehaw village;
when, arriving within thirty miles of tiie place,
1 sent on major R obinson, with a detachment of
twenty mu, to procure some beef. On nis ar
riving tlicrc, the Indians had fled in eveiy dircc-
Chenaw town having been consumed
abo'Wjnnr days before, by a party of men con-
two hundred and thirty, under a capt.
Wi now in command at Hartford.
It appeals that, afier ne had assumed the com
mand of that place, he obtained tne certificates
of several men on the frontier, that tne Chenaw
Indians were engaged in a skirmisn on the Big
Bend. He immediately sent or went to the gov
ernor, and received orders to destroy the towns
of Fti mne and Oponcc. Two companies of
cavan y were imm diatety ordered out and plac
ed under ..is command, and on the 22d he reacn
ed t .is p.ace. lie ordered capt. Bothwell to
furnisa him with 25 ot 30 men to accompany
him, naving been authorised to (io so by the gov
einor. Tne order was complied with. Capt.
Bothwell told him taut ne could not accompany
him, disapproved me pian, and informed capt.
W.ignt, ihat there could be no doubt of tne
frienusnip of the Indians in tnat quarter; and
stated thai Oponne nad brought in a public horse
tliai nad been lost that day. This availed iiQtn
ing; mock patriotism bu ned in their breasts;
; tncy crossed tne l iver that night, and pusned for
■ the town. Wnen arrived there, an Indian was
t # 1
discovered grazing some cattle: ;e was made a
prisoner. 1 am informed by set grant Jones, tnat
tne Indian immediately proposed to gmwitn tne
interpreter, and bUniga™ of the chiefs for tne
captain to talk with.—lt was not attended to.
An advance was ordered, the avairy rushed for-,
ward and commenced the massacre. Even after
the filing and murder commenced, major How
aid, an old ( nief, who furnished you with corn,
came out of his house with a white flag, in front
ot the line. It was not respected. An order
was given for a general fire, and nearly 400 guns
were discharged at him, before one took effect
i -—lie fell and was bayonetted—bis son was also
killed. Tnesearc tne circumstances relative to
the transaction. Seven m n were killed, one
w oman and two children. Since then three of
my command, who were left at fort Scott, obtain
ed a furlough, and on their way one was shot, in
endeavoring to obtain a canoe to cross the Flint.
I have sent an expr ss to the officer commanding
fort Scott, apprising him of the affair, and one to
adjutant Porter, to put him on his guard. On
at living opposite Chehaw, I sent a runner to get
| some of them in, and succeeded in doing so.
| They ate at a ioss to know the cause of the dis
i pleasure of the white people. Woif has gone to
the agent to have it inquited into. We obtained
from them a sufficient quantity of beef to last
to Hartford, at w hich place I am informed there’
is a plentiful supply of provisions.
1 have the honor to be, very respectfully, your
! friend and obedient servant,
THOMAS GLASSCOCK,
Brig. Gen. Com. Ga. Militia , U. S. S.
i Major-Gen. A. Jackson.
|
General Jackson to the chiefs and warriors of the Che
haw Village.
On my march to the if cst ft he .Ipnlachicola, May 7, 1818.
Friends \xn Brothers —I have this moment
received, by express, the intelligence of the un
wai rantabie attack of a party of Georgians on the
| Chehaw village, burning it, and killing six men
and one woman.
I Friends and Brothers —The above news
fills my heart w ith regret and my eyes with tears.
When I passed un;ough your village, you treat -
. ed me with friendship, and furnished my army
wh i an the supplies you could spare; and your
old chit fs sent their young warriors with me to
fig.it, and put do . n our common enemy. I prom
ised you proleelion: I promised yob the protec
tion and fostering friendship of the U. States as
long as you continued to hoid your father, the
president of the U. States, by the hand of friend
si.ip.
Friends and Brothers —I did not suppose
there w as any American so base as not to respect
a flag; but 1 fit and lam mistaken. I find that
captain Wright, of Georgia, has not done it. I
cannot bring your old men and women to life,
but I have w i iiten to your father, the president
of the U. Stat t c whole circumstances of your
case, and I have oidevcd capt. Wright to be ar
rested and put in irons, until your father, the.
1 president of the U. States, makes known his will 1
on this distressing subject.
Friends and Brothers —Return to your
village; there you shall be protected, and capt.
Wiight will be tried andpunisned for this daring
outrage of the treaty, and murder of your peo
j pie, and you shall also be paid for your houses,
! and otner property that nas been destroyed: but
you must not attempt to take satisfaction your
selves; tnis is contrary to the treaty, and you
may rely on mv friendship, and that of your fath
er, the president of the United States. J?
I send you this by my friend, Maj. Dayis, who
is accompanied by a few of my peopy, and who
is charged with the arrest and of
captain Wtight: treat them loudly; tncy arc
your friends; you must nutpeimit your people
to kill any of the will bring down on
you destruction. J toffee shall bft d?sne to you;
you must arid with
the U. excuse that capt. Wright
has made attack on your village, is, tnat
some of people were concerned in some
murdeupßi tiie frontiers of Gebrgia; this will
not him. I have ordered qipt. Wiight
atiJrtll the officers concerned in this transaction,
confinement, if found at Hartford. It you
some of your people with major DavisjSjmu
will see them put in irons. Let me hear from
you at Fort Montgomery. lam your friend and
brother. ‘ ANDREW JACKSON,
Maj. G u. Com. Div. of the South.
The following letter from gov. Rabun, which
was accidentally omitted in the communication
from the Department of State to the Senate on
the 4th ultimo, was transmitted to that body by
the president, on Monday last.
Governor Rabun to the Secretary of State, dated
Executive Department, Georgia,
Milledgeville, ZJthJu y, told.
Sir—l have had the honor to receive your
letter of the 30th ultimo, containing tne deter-j
initiation of the president of tne U. States, relative ;
to tne ease of capt. Obed Wrigut; and was uigu-,
iv gratified that tne affair snouid be biougni oc- 1
fore the civil authority of the lyJlßtaLes, wueic,!
I have no doubt but ample justice vsouiti ..ave
been administered.
I had determined to detain nim agreeably to
your request, and would nave cneotiuny suo
rnitled him to the custody of the ma.st.ai, wnen
ever he might have appeared: but the p. osiuem’s \
instructions to tne distiict attorney were unioi
tunately made public in the newspapers oi Sa
vannah, and f;om them copied iiuo others, and;
were thereby improperly communicated to capt.
Wright who being alarmed at tne prospect n.at
awaited him, (on the night of the 27th inst,) made 1
his escape horn the custody of uie adjutant
general of his state, (who had been instructed to
arrest and detain him) and I nave received no in
formation of him since.
I shall use every possible exertion to cause
him to be arrested again, and Hold him subject
to me proper authority of the U. States.
I have the honor to be, sir, very respectfully,
your most obedient and very humble servant,
WM RABUN.
Hon, John Q. Adams, Secretary of State.
k —— /
V CONGRESS. J
IIW'SE of Representatives,
Ik SEMINOLE WAR. X
Mr. from tiie coimpttee on mili
tary affairVmade the following JKE ORT:
“The coiiSjiittee on miiitanraffai s, to whom
was referred that part ssage,
of the 1 7th of whfch\clates to
the proceedings fin tne trial
of Arbuthnot and Amß’ister, -and to the conduct
of the war against djeSNaiinole Indians, report —
“That after a of\he various documents
submitted to congress, onNthe subject of the
Seminole waj/thev find muclKdifficulty in Sepa
rating the Wsponsibility of tin? \jnmanding olfl*-
cer to from ihe \bligations of
tl'.e Uni*cl States to Spain: But, as the occupa
tion aWn capture of Pensacola and St. iWarks are
of negociation ant! at
tlytime, between the two governments, \ad as
me committ e on foreign relations will, pirlba-
Kly, consider this part of the president’s messgjt
ore immediately connected with theirJtffancff
subject, your committee will corvine them
scllfes, in this report, to the trial and ■execution of
AlexSuder Arbuthnot and Ambrister.
“Oi\he 20th April, 1 818, order is
sued at Pqrt St. Marks, byjffajor-general Jack
son, signeciVx’ colonel Robert Butler, adjutant
general, detaHmg court-martial, to
meet at 12 m. for the purpose of in
vestigating chargdfcxhibited against A. Arbuth
not, R. C. AmbnsteK and such other persons
who arc similarly situated, as maybe brought
before it.’’^^
“Youiymnmittee do not wm it necessary to
attach their report the pt-OTtedings of t.iat
couiJtf as every member of theiSasc has been
finished with several copies, to which reference
can be made.
“Your committee can find no law of the United
States, authorising a trial, before a military court,
for such offences as are alledged against Arbuth-1
not and Ambrister, (except so much of the sc-!
cond charge as charges Arbuthnot with “acting
as a spy,” of which part of the charge the court
found him “not guilty,”) nor, in the opinion of
your committee, docs any usage authorise, or ,
exigency appear from the document accompa
nying the report of the trial, which can justify
the assumption and exercise of power by the
court-martial, and the commanding general, on
this occasion. It is admitted, as a maxim of tne
law of nations, that, when the war is with a sav
age nation, which observes no rules, and never
gives quarter, we may punish them in the per
son of any of their people whom we may take,
(belonging to the number of them,) and endea
vor, by this rigorous proceeding, to force them
to respect the laws of humanity. Wherever se
verity is not absolutely uetissary, meicy becomes
r duly. In vain has your committee sou gut
among tne documents on the subject ot the S mi
nolo war, for a shadow of necennity for tnc death
of the prisoners arraigned before the court. T e
war was at an end, to ail intents and purpose s—
the enemy’s strong holds had been destroyed——
many of tnem killed or taken prisoners—and the
remainder, a fee me band, dispersed and scattered
in every direction. Tne Spanish fort of St.
Marks, which, it was supposed (r.r.d no doubt
justly) had protected them, was also in our pos
session, and so entirely was the war considered
to be terminated, tnat tne Georgia militia, under
general Giascock, had returned to their homes.
Where t u n was the absolute necessity, which
alone couid warrant a departure from the exer
cise of tnat clemency, ofw.nchthe i nited States
has Heretofore so justiy boasted?
“Your committee find, in tne general order of
the 29th April, in which general Jackson ordeis
the execution of Arbuthnot and Ambrister, this
remarkable reason, intended as a justification of
the executions, principally of Ambrister, but ap
plying to both Arbuthnot and Amm ister: “It is
an estabiisned principle of the law of nations, that
any individual of a na.ion, making war against the
citizens of atrotner nation, they being at peace,
forleits his aIK-giancc, and becomes an outlaw
and a pirate.’” It may ho asked by what sys
tem of the offences charged couid
be cor.ckle: ed a. which nap;-, in com
mon acceptation, oltouces uponl/e high seas, of
which the court coulcl cognizance;
and it is equally the pto
priety of tne me to
the offenders —a tu^fTwhich to the
relations of with their orsti govern
ments. ftj|rnot be pretended thabLa Fayette,
who his services in the wiuse of
in the war which established our inde
pendence, forfeited nis allegiance, became an
outlaw and subjected uimself to an ignominious
death, had he ialien into the hands of the Eng
lish. Or can it be believed that one voice would
be heard in justification of Spain, if she were to
execute such of our countrymen as she may
make prisoners, while fighting in the armies of
the South American pattiots? And if these ca
ses should not be considered of such a nature, as
to wa; iaut a resort to so severe a measure, w Lnc
they occurred with a people in a state of revolu
tion, and considered by the parent countries to be
in a stale of rebellion, much less could these men
( \rbuthnot and Ambrister) be considered liable
to it, who were acting with a power, acknow
ledged and treat’ and as sovereign and independent
by us.
“Your committee beg leave to cal] your atten
tion particularly to the case of R. C. Ambrister,
who, after having been subjected to a trial before
a court which had no cognizance or jurisdiction
over the offences charged against him, was shot
by order of the commanding general, contrary to
the forms and usages of the army, and with re
gard to the finding of that court, which had been
instituted as a guide for himself.
“Your committee must hear, in justice to their
own feelings, express their extreme regret, that
it lias become their duty to disapprove the con
duct of one who has, on a former occasion, so
eminently contributed to the honor and defence
of the nation, as has major gen. Jackson; but the
more elevated the station, the more exalted the
character of the individual, the more necessary
is it by a reasonable, yet temperate expression
of public opinion, through the constitutional or
gan, to prevent the recu; ranee of incidents at
variance, with the principles of our government
and laws.
“Nor can your committee forbear including
in their strictures the couit martial who sat on
the trial of Arbuthnot and Ambrister. A court
ma>'tial is a tribunal invested with limited juris
diction, having for its guidance the same rules
of evidence which govern courts of law; ar.d yet
Arbuthnot is refused by the court martial, be
fore whom he was on trial for bis life, the bene
fit of the testimony of Ambrister, who had not
been put upon his trial at that time, and whose
evidence would have been received by any court
ot law as legal, if not credible. Many other ex
ceptions might be made to the evidence record
ed in these proceedings: particularly to the
question put to the witness Hambly, viz. “Do
you believe the Seminolies would have otmi
menced the business of murder and depredation
on the white inhabitants, had it not at the
instigation of the prisoner [ArbutWmit,] and a
promise on his part of British protection?”
Answer: “I not believe without
they had been assured of British protection.” A
leaning question is expressiyTorbidden to be used
by a court martiai, on martial law,
and of which iho court must have been apprised,
as it is a work empfrnon in the army, and-usually
relerred to court martial when in ses
sion; and was calculated to elicit an
j expression opinion and belief from the wit
i ness, rtyr than a Statement of facts, upon which
the court act. Hearsay evidence, in
| a1 fe and death, your committee will ven
i tune to assert, was never before received against
| the accused in any court of this country, and yet
on the face of the record of the proceedings of
the court martial, hearsay testimony is admitted,
which had been received from an Indian, who, if
present, would not have been allowed to give
evidence himself.
“After mature deliberation, your committee
beg leave to submit the following resolution: —
“Resolved, That the house of representatives of the
United Stales disapproves the proceedings in the trial
and execution of Alexander Arbuthnot and Robert C.
Ambr.ster.”
House of Representatives, January 13.
Tne order ol the day, on tne report of the com
mittee on military affairs respecting the Semino
le war, being announced—
The house then committee of the