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SAVANNAH HEPUHLICAN. FREDERICK 8. MILL, CITY PRINTER. • XILT npi.lt, gllMT-WCPTM, II*. KB *»> rJTAILK t* AI)yA*C£. gjlti ttitt *iB WT.-y »»T».ittiiiK*i:tTi *rn;*it is soru an» «-r»rr »r oanv* »itii.f3 TRIAL OP ARBUTHNCTT # AMBRISTER. - OFFICIAL DOCTMENT TRANSMITTtU BA THE PRESIDENT TO CONGRESS. CONTINUED. Fort St. Mate*. 28th April, 1818. The court convened-pursuant to ad journment. Present Major Gen. E. P. Gaines, President • Members. Co). King Colonel Dyer ‘Col. Williams Lt Col. Lindsay 1.1. Col. Gibson Lt. Col. Elliott Major Muhlenberg Major Fanning Major Montgomery Major Minton •Cant. Vaslion -Capt. Crittenden. Lt. J. M. Glassell, Recorder/ When the further examination of the ■witness Peter B. Conk, took place, viz. Question by the Prisoner. How long’ *tiave you been acquainted with the settle, rnents on the Sahwahnee ? Answer. Between six and seven months. (fues. by the P. For what term of years '•did you’engage to Bve with the prisoner ? For no stated period—1 was ta ken bv the vear. v « (fues. by the P. Were you not discharg ed trom liis employ? ,9ns. He told me he had no further use ' for me after I had written the letters to , Providence. Quest. YVhere did you stay after you were discharged ? . * Ans. I staid in a small house belonging 'to a bov called St.John, under the protec tion of Nero. (furs. What was the subject matter of the letters you wrote to Providence ? Jins. After being refused by the prison er a small venture to Providenco, I wrote my friends for the means to trade by my self. (furs, by the P. Ho you believe the pri- ’ soner had knowledge 6f the ventures be 1 ing «n board tlie schooner? Jins. 1 don’t believe he did. It was small, and in my trunk. (furs, by the P. I>o you know that Am- brister was -the agent of the prisoner ? Jins. I do net. (files. Do you think that the powder and lead shipped, Woidd more than sup ply the Indian and negro hunters? Jins. I did not see the powder and lead mvself, but was told by Bolegs that he had a great quantify he had there keeping to fight with. (fue*. Did the Indians reside on the east side of the river? Ans. They did, (files. You were asked if the negroes and Indians, when tire letter marked A. mini: mnviir.W-rt.- 1 l Y?uSW?,<fakr, UB the defeat of tne Indians at Mickasuky prior to that time? Jins. It was afterwards, 1 believe, they received the information. (furs. Did not Bolegs keep other pow dcr 'ban that got from the prisoner? Jins. He had some he get from the Bluff ■which was nearly done ; lie said his bun, ters were always’ bothering him about pow der. (files. Did you state, that at the time Ambrister ascended the river there was ■no other vessel at the mouth of the river? .4us. There was none other there ; there "was one had sailed. (files. There is a letter A spoken of; how do vou know that the son of the pri soner had that letter in bis possession ? Ans. I saw him with it, which he drop ped, and a bov, called John, picked up ■and gave to me. (fries. Yon stated that the Indians and negroes doubted the fidelity of the prison er in sending letters to the" Prince Regent —do you think the prisoner would have been punished by them had he not com plied with their wishes? Aha. 1 do not know. (files. Do you believe the prisoner was ■compelled to write the Indian communi cations ? .hi*. He was not compelled. William Hatnbly.a witness on the part of the prosecution, being duly sworn, and commencing a statement of what he heard the chiefs sa v. ami the prisoner objecting to nearsay evidence of that kind—the couri was cleared in order to take the question : when they decided that the pri soner's objection was not valid. The wit ness was therefore recalled, and stated, the fifteen or twenty days after the pri- Sc i 'r arrived at Ocklorkhee the Seminole Indians began to steal horses from the U. Sta'e* settlements, and committed nmr- jj. rs on the Satilla River, which, he Was informed by them, was at the instigation of the prisoner. The Chiefs of the Little Villages in witness's neighborhood then desired him to write a few lines to the prisoner, stat ing those reports, and that he did not know that those Indians he was exciting had long been outlawed, and cautioned H him against such proceedings, or he might be involved in their ruin. ’This the wit ness did. when the prisoner wrote him a lone and insulting letter, which Was lost, upbraiding the witness fur calling those In dians outlaws, and accussing him of excit ing 'hr! ndians to cruel war. The witness Was told by Chiefs and Indians who had seen the prisoner, that he advised them to go to war with the L'uited States, if they did 'lot surrender them the lands which he I been taken from them, find that the British government would support them ill it. The Indians that took the witnesi and i certain Mr. Doyle prisoners, which hap pened on the IStn December last, told them 'hat it was hr the prisoner?* order ; ’ were taken and robbed—khi their arrival at riuwauey they were told by the Indian and negro Chiefs who sat in counsel over them, tnat the prisoner had advised that he should be again up to five orsix Choctaw Indians who were savedfrom theNcgroFnrt, who would revenge themselves for the loss of their friends at tliat place. On their return from Suwaney, the Chief King Hijah told them that he had got the prisoner to write several letters for him, one to the Governor of Providence, one to the British Minister at Washington, one to the Secretary of State in London, and one to the American Agent for Indian Af fairs, protesting againt the proceedings of the Commanding officer at Fort Scott.— While the witness was at Suwaney, the Indian Chiefs told him, that the prisoner had arrived at that place with ten kegs of powder on board his vessel; and whilst at Fort St. Marks, some time in March, Hiilisaja or Francis, brought an order from toe prisoner to the commandant for two kegs of powder, with other articles which were in his possession. (hies, by the Court. Were any murders Or depredations committed on the white settlements by tlie Indians previous to the prisoner’s arrival at Ocklocknee? .Ins. None, except one murder at Fort Gaines, which was before or about the time of the prisoner’s arrival. (fues. How long have you resided among the Indians; state to tlie Court whether you are acquainted with the Indian Ian guage, and how long since you learned iti Jins. 1 have resided among them four teen years, and have understood their lan guage twelve years. (fues. Do you believe the Seminoles would hate commenced the business of murder and depredations on the white settlements, hail it not been at the instiga tion of the prisoner and a promise on nis part of British protection? .Ins. I do not believe they would, with out they had been assured of British pro tection. (fues. by the Court. What w f as the light in which the prisoner was received by the hostile Seminoles: was it that of an au thorized agent of *!ie British government 5 Jins. The different chiefs always repre sented him to me as such. Tlie witness recognised the letter mark ed G, and signed A. Arbuthnot, as being a copy of the one alluded to in his testimo ny as lost. (fues. byi the Prisoner. Are you ac quainted with the prisoner’s hand write? Ans. I have seen it but cannot say 1 am acquainted with it (fues. Is that which you have just seen and say is the copy of the one you lost, the prisoner’s hand write? Ans. It looks to be his hand writing, but I cannot say positively. (files. Was the prisoner considered as the airentof the Seminoles at the time those murders were committed? Aus. I had not seen the prisoner at that time; the Indian Chiefs told me that the prisoner had reported himself to them as an English .Agent, prisoner lo be when you’were and Jti their arrival at Mickasuky (as pri soners) King Hijah and all his Chiefs told tjbcm it was by the prisoner’s orders they Ans. The Indians told us that lie had gone over to Providence, but was expect ed back by the time we should arrive at Suwaney. (fues. Did you not request King Hijah to prevail upon the risoner to give you a passage in his schooner to Providence ? Ans. Y es, but was told that the prisoner refused it, stating tliat, if we were forced upon him, he would blind-fold us and make us walk overboard. Qiies.YVhat were the reasons given by King Hijah for the prisoner’s not granting your request ? Ans. King Hijah stated that the prison er was fearful of meeting with an Ameri can vessel, where we should be taken out and he thereby loose his schooner. Edmund Doyle, a witness on the part of the prosecution, being duly sworn, was questioned as follows: (fues. by the Judge Advocate: Do you knoiv any thing that would lead to sub stantiate the charges against the prisoner now before you ? Ans. I know nothing but from common report. William Fulton, an evidence in the pre sent prosecution, being duly sworn, testi fied the copy of the letters from A- Ar buthnot to General Mitchell, Agent for Indian Aflairs,dated Suwaney, 19tn Janua ry, 1818, and marked No. 6, as acknowl edged by the prisoner, to be the same in substance as one written by himself at tliat time—an extract from tne letter was then read. No. 6. E.xiract from a letter icfitten by A. Ar buthnot to general .Mitchell, American agent for the Creek Nation of Indians, dated Sah ah nee, 19th January, 1818. _ In taking this liberty of addressing vou, sir, in behalf of the unfortunate Indians, beljeve me I have no wish, but to see an end put to a war, which if persisted in, I foresee must eventually be their ruin, ami, as they were not the aggressors, if in the height of their rage they committed any excesses, that you will overlook them as the just ebullitions of an indignant spirit against an invading foe. I have the honor, &c. A. Arbuthnot. Bv order of King Hijah and Bolegs, act ing for themselves and other chiefs. (fues. by the P. YY here did the prisoner acknowledge the letter just read to be a copv of the one written by himself? Ans. In the encampment before this place about the 6th or rth inst. Qnes. by the P. YVas not the acknowl edgement when he was a prisoner? Ans. It was. (furs, by the P. Did tou hear a gentle man say to the prisoner whilst in custody that those who recommended the scalping knife and tomahawk should feel their keenest edge ? Ans: I did hear a gentleman say, that those who excited the Indians to th*e mur der of the unoffending should feel the keenest edge of the scalping knife; but, as well, as I reccollect, that observation was not made until after the repeated ac knowledgemerits of the prisoner of having written tvktter. - (fues. tffle C. YVas not the con of uic prisoner to this letter made volun tarily and withoutanyconstraint whatever? Ans. I conceive it was. The evidence on the part of the prose cuti^^ging closed, the prisoner request ed dHritness Robert C. Ambrister as one oWiis witnesses, against whom crimin al charges had been filed, and who was in custody on account thereof, to which the Judge Advocate objecting, the Court was cleared to take its sense—when it was de cided that Robert C. Ambrister, now in custody for similar offences with the pris oner, cannot be examined as evidence be fore this Court. John Lewis Phenix, previous witness, now on the part of the prisoner, being again sworn, was questioned as follows, viz: (fues. by the P. Was there any other vessel at the mouth of tie Sahwanee River when Ambrister seized your schooner? Ans. Yes. (fues. YVhat vessel was it ? YVas it not the vessel which Ambrister came in? Ans. It was a sloop, and I understood Ambrister came in her. (fues. Did Ambrister ever mention to you who recommended him to seize the prisoner’s schooner, or who assisted him in stimulating the negroes to do so? Ans. No. 1 understood he came on board of his own accord. (fues. by the C. Have you since you commanded the prisoner’s vessel, ever brought any arms to that part of thecoun try? Ans. No. I brought a quantity of lead ten kegs of powder’in the last tnp. John YVinslett, a former witness on the part of the prosecution, being recalled on behalf of tlie prisoner, was questioned as follows, viz. (fues. by the prisoner. Are you not of opiuion that the letter which you say was written by the prisoner to the Little Prince, is now in the *posses8ion of the Little Prince? Ans. After reading it, 1 returned it to him and belive it to be still in his posses sion, as Indiaus seldom destroy papers of that kind. The prisoner requesting some time to make up his defence, he was given until to-morrow evening at four o’clock. Congress of the United States. IN SENATE. Monday. December 8. The president laid before the senate report Irom the secretary of the treasury embracing a plan for the final settleineir of land claims in LouNana and Missmi together with the drafts of a bill tor that purpose; which were referred to the com initteeon the public lands. Mr. Macon preseuted the petition of sundry inhabitants of North Carolina, , , r-;*"* n “ the establishment of a no.st derstanu tne route between Oxford auu Louisburg, in that state.- - Refer red. Mr. Burrill gave notice that he should on to-morrow ask leave to introduce a bill respecting the transportation of persons of color, for sale, or to be held to labor. Mr. Noble’s motion of tlie 3d instant, conct ruing 4 poste route in Indiana, was taken up and agreed to. The senate proceeded to the considera tion of tne report of the committee on the judiciary, unfavorable to the petition «f Matthew Lyon, who prays the reimburse ment of a fine inflicted oil him under the sedition law, and other damages by him sustained by that sentence. Mr Crittendan moved to amend the re port by substituting the following resolu tion for that ut the committee, declaring that the petition ought not to be granted: Resolved, That ail persons who were prosecuted and fined under and by virtue of the second section of the act of congress commonly called the sedition law, appro ved the 14th day of July, 1793, entitled. “An act ip. addition to the act for the pun ishment of certain crimes against the Uni ted States,” ought to be reimbursed and indemnified out of the public treasury, to the amount of the fines imposed upon and .paid by them respectively. Oil this motion an animated and inter esting debate took place, (which shall be further noticed hereafter,) in which Mes srs. Crittenden, Burril, Barbour, Otis and Macon entered. No question was taken; when, at a late hour, The senate adjourned. without infringing on nutters not refer-1 States, His commission to take'date from ‘ red to its consideration. He alluded to | March 5, 1817, and to be ndtobered 2hx the subject of the Seminole war. That I the commissions of that date.—16. war involved our relations with a foreign I ■ r, . pow.-r, which were committed to the com-1 ARBUTHNOT AND AMBRISTER,- initt-e|->f,forcign relations; but no important I When we first heard ol the execution .incident in that war, the execution of Ar-1 of the sentenceof death on these miserable buthnot and Ambrister, was confided to I men,_we suggested the propriety of sus- the military committee; and, in proceed-1 pending our opinions on this subject, up- ing on one subject, they could pot well I til all the facts should be oOiciall before us. avoid the other. The- committee of foreign I We have laid them before our readeis,and relations did not, therefore, known well I ziven time to make up their opinions, be low to proceed, unless they had the whole 1 fore we obtruded upon them any sugges- matter before them; and, in offering the I lions of ours on this subject, following motion, it was not done without I An attentive perusal of the documents, an understanding to that effect with the I and considerable reflection on the sub- ' committee on millitarv affairs. Mr. H.lject, have confirmed the opinion we ex? then submitted tlie following: pressed, some months ago that the rasfc Resolved, Tliat the committee on mili- of these persons neither required nor per- tiry affairs be discharged from tlie further I mitted the intervention of the British ok. consideration of so much of the president’s I any other foreign government. It is theft message as relates to the execution ot I a question entirely between ourselves, be- Arbuthnot and Ambrister, and the con-1 tween the officers ol government and the duct of the war with the Seminole Indians; I people. and that the same be referred to the com-1 YVe wish we could say, with equal,con- mil tee of foreign relations- fulence, that we entirely approve of the After considerable debate, the resulu- proceedings of the court by which these tion was laid on the table. mer. were condemned. YVe mean not to The engrossed bill making a partial palliate their offence, but to express our apnropriation for the support of the mill-1 doubts whether their punishment waspri^ tary establishment for the year 1819; was I perly administered. YY’e express oqf read the third time and passed. J thoughts on this subject with much diffi- The house then. 011 motion of Mr. Ilur-jdence. Being ignorant of the taw martial, risen, resolved itself into a committee of I we are guided to our decision by esta^- the whole, Mr. Wilkin in the chair, on the 11ished principles of national and of civil bill concerning invalids, [conferring on I law, applicable, we presume,to all crimin- the secretary of war, the power of placing I al trials, by whatever court, in our coun invalids of the revolution on the pension I try. roll, in the same manner that lie is now I Arbuthnot merited punishment, doubt- authorised to place on the pension list in-1 less, for liis officious intermeddling with valiils of subsequent wars.j I the Indians, and for having, under pre- The bill was explained by Mr Johnson, tcncc of trailing with them and consult- of Kentucky, on whose motion it received I ing them to assert their rights, excited them some amendments, rendered necessary b; - 1 to hostilities against us. It is another ques- acts passed since the bill was trained at tion, whether his offence was a military the last session, and was afterwards re- one, or properly cognizable by a military^, ported to the house, by whom the amend-1 tribunal. It is at least certain that thftT* inents were concured in, and the bill or- I power, and that there was no danger dered to be engrossed for a third reading I person was completely within our — I of his escape, or of his effecting any The following letter from the Secretary of Sute, I thing, whilst in confinement prejudi- to Mr. Newton, chairman of the committee ofJ cial t0 the opera tion9 of t | ie a my commerce and manufactures, was read in tlie I . P . . _ , , . n .. / muse of representatives, on (he 7th in.t. by Mr. LT 0 have . held him in confinement, there- Nuwton, in ihe course of bis discussion on the I fore, subject to the directions ot a higher foreign sermen bill:— authority, it appears to us, would have Department *f State, been, if an error at all, an erroi on the IFaefiinytin, 3d January, 1818. I safe side of the question. Thomas N. wton. esq, dial-man of the committee I With respect to ihe evidence bpfore the of commerce and manufactures: • I c „urt,in this case, our respect for the iliar- Sir—In answer to the enquiries in your ilc ter of the officers composing it obliges letter of the 25th ult. with relereuce to us , little conversant as we liave proirs-eil the subject of the resolution enclosed in it, I to be (and may we long be!) with militery I have the honor to state, that in all the I law, to presume it was such as that law maritime states of Europe, with which I admits. Anil this is all we shall say of it. have been personally conversant, there are l„ the case of Ambrister, the evidence magistrates invested with authority to ar-1 i 9 conclusive enough. He has found in rest seamen, deserters '.rum foreign mer- I arms against the United States, and plead clmnt vessels in their ports, and to restore |<guilty to the charge of leading the Lower them to the masters of the vessels to which I Creeks to battle, lie identified himself they belong, conformably to their cun-1 with tlie enemy, and subjected himself to tracts in the shipping papers. The pro- their fate. But when taken, did l.e not be- cess in such cases, is, as by their nature I come a prisoner of war, and was he not it tnust be, to prove efficacious, immediate I entitled to the privileges of that character? iind summary; anil the masters ot Amcri-1 if S(lj ( |j ( | he become properly tlie subject can veisels have the benefit or it, in com-1 of trial by a court martial? ■non with others. In the city Loudon, the I YVe are under the impression, that the authority is vested in the lord mayor; and offences of both these individuals were such other places in Great Britain, in the or- a , it would have b.-en better not to have unary police magistrates. I ilonotrecoi- committed to the judgement of a military lect having ever known an instance in tribunal: but, having been so committed, which masters of American vessels were that it would have been expedient to have denied the benefit of such process, unless submitted the sentence, before execution in cases when, by the laws of the country, to the highest authority kunown to the’ the deserting seaman was, on other ac- constitulion, for itsrevision. counts, liable to be detained. The prac- On the prmciple of rdafmtion, reco-. ticeis, so far asil have known, the same in Li^d by all nations, these persons, we every part ot the European continent. conceive, might have been lawlully put to I am, with great respect, sir, your very death. They had indentified themselves humble and obedient servant, with the Indians; and though claiming to John Quincy Adams. b e British subsejects, did not prove tl.era- —-»®o»— I selves to be such, and were, according to ?v o“ r doctrine on the subject of allegiance, YVe percc.ve, from indications hardly actually expatriated. The military prac- to be mistaken, that the disoder of our tices of the Indians contrary to thelaws of currency, and the pressure on our monied war, the commanding general had a clear institutions, created by the lavish expor-1 ng ht to retaliate. He did so in the case fr P ri rn?-’ “ ra P" '.V d “7'"g of the Indian chief Francis Hornathlemee, -' to a crisis. At Baltimore, a letter from am j he might have done so in the case of I that place states, money continues very Arbuthnot and Ambrister. In being 6 V ,me "i£T , , r ? brou e ht t0 t!,e bar ofa court martial, how? some aid from congress. From Ph.ladel- ever, did they not become subject to the phia, >t appears, representat.ons have also operations ol our laws applicable to their be *" “f dr “ -V. ,nV ° kl,,g a,d r the case? An<1 « there any law on our statute same quarter. The pressure for money book which embraces it? there, the Democratic Press says, is grea- f — ter than ever remembered, and the want HOUSE OF REPRESENTATIVES. Mr. Smith, of Md. from the committee of ways and t&ean», reported a bill to, re duce the duties on certain wines, and to declare free of doty books printed in for eign languages} which was twice read and committed^ s The speaker laid before the house a re port from tne secretary of war, of “a sys tem providing for tlie abolition of the exis- isting Indian trading establishments of the Uuited States, anil providing for the open ing of the trade with the Indians, to. indi viduals, under suitable regulations,” made in obedience to a resolution of tlii- house of the 4th of April last; which was referred to the committee on Indian affairs. The speaker also laid before the house a letter from the secretary of the treasury, containing a plan for the ‘final adjustment of claims to laud in the state of Luuisaua, and territory of Missouri, accompanied by the drafts ol a bill providing for that pur pose, prepared in obedience to a resolution of tiiis house of the 16th of April last; which wa» read and committed to a committee of the whole. Mr. Ilolnes, chairman of the committee on foreign relations, rose to submit to the house a difficulty which embarrassed the proceedings of the committee of which he was chairman. Io the investigation of some of tiie subjects referred t» that com mittee; it found those subjects so intimate ly connected with some confided to another committee, that it was difficult to proceed, The whole subject is full of difficulty. „ r c , - I 1° regard to the decision of the general of confidence even greater than the want with respect to the sentence on Ambrister, of money. In New-Y ork tlie same dis- which appears to have attracted much no- le« e «a'i- bUt i 4 ^ S3 de g ree 5 and tice, it is proper to observe, it was no still Jess as we proceed North, or return I ( | (lul)t dictated by a regard to the wishes farther South. For these evils, the reme- 0 f the prisoner, Who preferred death to the dies recommended are numerous, and as I ignuminous punishment for which that fate various as numerous. One advises the I was commuted by the court. YVhethef* P ™ l' b ' l '" n °. f the 7,P°“ a *'°n 0 s P ec i e M‘ his was a efficient justification of the another the issue of treasury notes by the discussion, we shall not undertake to pro- goyeriiment; and a third the virtual in- I nnunce. ib. 9th inst. * terdiction of the East India trade, by aug- 1 meriting the duties on manufactured goods from beyond the Cape of Good Hope, and I SPECIE PAFNENT8. shortening the credit on the duties. Of YY’hile the banks in some of the states whatever nature the aid desired, there is are suspending their specie payments it is no doubt but applications will be addres- gratifying to know that the banksofBal- sed to congress, requiring the axercise of timore are fully competent to meet all all their firmness, and of all their discre- demands which can be made against them, tion. This wilt be added to the subjects Owing to the prudent manner in which the ot their deliberation, and will demand (tanking operations have been conducted io more of their attention, we fear, than was I this city, the banks now stand on as solid anticipated, or is to be wished at tlie pre-1 a foundation as any institutions in the un- sent session. ... I ‘“n. This information is derived from In Baltimore, a public meeting is ad-1 sources which may be relied on .—Bali vised in a morning paper, “to take into | American, 7th inst. consideration the expediency of a suspen sion of specie payments on the part of the i , , ... „ J 1 A meeting of a committee from each of the state banks in this city took place on Banks!” In the evening papers, the' ne cessity or propriety ol a suspension of specie payments, is positively denied. In Ppiladelpbia, a public meeting of all the merchants and traders is actually cal led, to take place this evening, “to consi der tlie propriety of petitioning congress on the subject of prohibiting the ejeporta- tion of specie from the' United States, as the oaly prompt and efficient means of relieving the community at large from the existing pecuniary pressure and embar rassment.”—Nat. Intelligencer, 7th inst. YYolcott Chauncet is promoted by the president and senate, to be a master commandant in the navy of the United Friday, which resulted, we are informed, in a resolution to increase the amonnt of their discounts, at.the rate of 20 pr. cent. on their receipts for the first week, and 10 per cent, for the 3 successive weeks, pro vided tlie bank of the United States *MI come into the measures. YVhether it will be adopted by that bank, and the resoln. tion be earned into effect, we have yet t» learn. A greater pressure, we are confi dent, has seldom been experienced io thia city; and unless an effectual remedy shall be provided, and that speedily, it will be difficult to say where the disastrous conse quences will eqd.—me. Adv. 7th inst.