About Savannah daily republican. (Savannah, Ga.) 1818-1824 | View Entire Issue (Jan. 23, 1819)
fcjAV A> N A W ItKX'tiltliUiA^. joofi PStSUiUHOU ii. i-.CJ.!-, CITi .’Kin i II. I »mcf wnoM have Been r"*e>*®4 ,j y any court I of lav aslcral, if not credible. Many ether ex* I efW e-.s tritcht he inane to the evidence record-. se-iixicczdir-gtli particularly to the c: to ’the vrftncas Humbly, viz: “Do . “cir.inoics wotiltlhave commence nijtvlerahddepreiiation on the vM wan* rare.*, **i«UT—caun/at. »*, M rJlJLStB IK JOrjU'B. f ."art viwv on. *»** jWV**TI»r*v»’i* *noi* * <r paJ i.ns-«A?ra stopt ur otntft, oxi.r.4 > Uonercas ’-f the Inured States. \ .♦•Hottwtw rkfrfsknt.vtiv r.t. Tifsii.ixj. January li. SEMINOLE V. Ali. Ur. TV." ^*- M. Nelson,from the .'..1.1 !'.'*•on c.il- hir> afivr . del..vrc<liii *he ii/Io". i.iff report 1 c f British protection. cm-. raft f ,rb: Men to be , -v'ceon.t) on Martial lUit i.inat have been Jjunon in tin. army, a a erurt martial '»'! A leading qti»-S.i»n is red by a court martial, aw, and of wbicli t!ic rise:!, xs it is a work usual!, rclorrci! to by . in acsrioni and the to the couwandast’s c*., coneeiKca, wi too V calc to tnppo* it. Here or ^ posh *Vat foreign incendiaries, msUfratn the savasres had free communication nidi the fort for carrving on their intrigues; councils of oar iv,-r.- permittedbvtile commandant to Ik. h. *1 bj the chief*»nd uarriorswithm his ot.n quavers, Sronish su.ru- houses were appiopr.atcxi to t : i<- U*v of the BVxstHe paHt, and act *:, .y tiucd vi ,t|, c-.Ki ts bvlongint- to Them; monitions ot \v r were'furnished them, and property, known to Irn'c heoii plundered from our citizen*, purclias I frou, ther.'. by t" fricnris’.iij* t- jp.. therefore-, h : ;irt of the I*re* .-cl iJ^s of • a puis* tuc nst! of the > .-rod, a f-'hb j'.U* ,f?it.” joi and Kobcrt •ne>,| order h- larka, bv major :»rf h’ohert IJ.it- •i:»l coiirf 1. i< r »he p*:r- iihi. against s!i‘».\ied as may !»•- brought do r.ot deem i» necessary to ,;.rt li'c* proceedings of th:*t mfjer of the house has been r.J copies, to whic h r. 1. re nee ulcufctcd to oiicit an expression n. ,„d~r/ie/from the witness, rat her than a iau .nent of facts, upon which alone could l be co»rt act. Iteaisav c'ideiice, in a case of bfe ana dv^’i:, vour committee vijl venture to assert, W;lS neet-v«£efore received a^uinalthe accuseainjx*%\ court ..f this country, and y-t on the face of toe record of the proceedings ot. the court inartu.l, hearsay testimony it, admitted, which had been received from an Indian, wiio, if present, "0111 „o» hve been allowed to give evidence lmnseit. M'ter mature deliberation, youfcummitty beg h ave *0 submit Ike following resolution: “Aenhrif, That the House of Representative of the U. Stall* disapproves the proceedings jii the trial atui c.v-c'ition of Alexander Arbuthnor and Robert C. Ambristcr.” Ji-Mr Johnson, of Kentucky, also of ute military committee, submitted a paper drawn up in the siiaoe of a report by that committee, which, bv a majority of one vote, that committee had refused to accept, and the said paper was read as follows: .'.The Committee, to whom was referred so m ,.rli of the I’resident’s Message as relates to tb,- Seminole War, and the proceedings in the -.rial of Alexander Arbutbnot and Robert C. Am- T’l-a general Jackson, in a short, though an ' Vy war, with the Creek nation of Indians i),ought them t" lei ms ot [..ace; and in the sum mer 'of 1»I4, a treaty *i< conclud'd with lliem; win rein they ceded to the United Slates a tern, tory embracing several millions of a- the effect of ttiis cess-on waf, the cm Indian establishments between the settles* tits ot lb’ United Stales in Georgia and Alabama, and the Spanish temtory This object being ob'am- I.d, future peace and safety to our citizens, m di.it quarter, were confidently anticipated; but, coo t-ary to t! esc just expectations, it was di- covered that a h- 'ilv disposition was still entertained by liiKlrrat, ■while he p h«- United .St'iies. Gen. Jack- r.o hesitation to dennc.u of St M'«rks the surreiidrr of t’n?:e : t be jr:trr.s(mctl with an vhen the Spanish otAccr n-..r.nt*ec can fm^no few t/ 1 i* r’nsfed ithori .injr a trijtl, before ? idn.iry court rr.iej.i . vas ..re .iSledired'ai :t Arbuth- Suibii:;‘cr, 'i-M rpi so 1:1 1* h of the s^- • rliarg:-s Arbuthnot vv'l.’i “acting ;i)i a of v. h ; » h |»art of the charge the court found hint “i-.nf gi.iltv”) nor in t!ic opinion of your efunnirtt* o docs an** tii'uagc authorise, or •exigency a;>p. a*- from doc »n:ents accoinpa- M»t and An e rnd c K :»rrr< nvirff the tkV' 1 mitt jvx ir'a', i f the r.d , v ! die -010:11.-0 ran justify 1 r by the c-;ie'-a), on ;'.;o of tile ■ v-oonies a igl.i am mg or Und- - 1 ft" ihc ore 1 nt for die * f 'n of ihc e court. The war and purposes—the -it dost roved—rnauy mucitk, and ihc re- L-jsed and scattered Spanish fort of St. 1 doubt a vl'd. to :dl in i-neiny’s s‘-ong h .Ms had In i f them killed or taken pr mainder a feeble *';uul, da»j in every dir-T ior. Tint Jlark •• which it was supposed, ("and Justly) bail proc e ed th.-.vi, was also ii 'sessic.n, and so vn'ivelv was tlu* war v tobe ter.niita' d, th. it ihc Georgia mdiiia. under general l ; lasae-:e.k. had returned to their homes. Then win re v- ;s rite ah.-.rhitr n.-crs.situ which aluna could wari-ett a departure from the ever- iv;e of that cleat,--icy, of which the l". Slates has heretofore so justly boasted' Your committee find, in general order of the 39th April, iii which General Jackson orders the ( ■.volition of Arbutbnot and Ambristcr, this re- mSrkahle rersun intended as a iostiiication of the c\cc.ttic"’i, principally of Ambristcr, but apply. i-,g to both .V'butliiKtt and Ambristcr: “it is an established principle of the law of nations, that any itid'.t .dn d of a lation, making war against th • lilitea of another nation, they being at peace, forfeits his allegiance,* and becomes an outlaw and a pirate.” It may be asked by what stem of interpretation the oflenres charged vi, 1 ild be i oiisldc-red as pirates, which imply, in rorjimon acceptation, ofTenc.es upon the high so is, of v “A.e prop “outlaw," plies Oltl. tiie sru-iii-jlc tribe of that nation, aided by fugi tive ne rroos, and instigated by foreign incendia- r es It having been represented to the govern ment, that mur'di rs bad been committed on our defenceless cilcens general Gaine, was ordered, in th- fumuie- dT18'7, with a considerable torce. to take » station in that section, for their pro tection. Gtn. Gaines was directed to keep with in the terr.torial limits of the Unite-1 Slates, and abstain from every attempt to cross the Florida line. but to demand ot the Indians the perpetra tors of the crimes thus committed, in order that punishment might be inflicted upon the guilty, without involving the innocent, and without a gir.eral rupture with these deluded savages— The fact of‘such murders having been ascertain, ed, attended with aggravating circumstances of ranine and cruelty, general Gaines, in conformi ty with his orders, made 4he dr-v.d. The sa vages. through the deceptive representations o: foreign incendiaries, were led to believe that the Strength of the United States tva* not sufficient to subdue them; or, if iheir own forces were in competent to sustain the conflict, they would re ceive assistance from the British. These pro- mls;s, made by these unauthorised agents, were 1 endeowvtr urvdicated upon a pretence that the United States ’them l'i n.*l bound themselves, by the treati of Ghent, v.vTsvveri- t» restore Site t-'-ds which the Indians had ceded, previously to that treaty, at Fort Jackson; and that the British government would enforce its observance. Under this influence, they not only refused to deliver the murderers, but repeated their massacres whenever opportunity offered and, to evade the arm of justice, took refuge across the line, in Fl- rida. In this state of ah lairs, in November, 181”, lieutenant Scott,-of the United Stales’ army, under general Gaines, with fortv-seven persons, tnen, women and children, ill a’b ut, on the Appalachicola river, about a mile below the junction of the Flint and the Cha- "1 ! ’ os j t ilioochie, was surprised hv an ambuscade of In- ,U ’ re '’ duns, fired upon, and the wluile detachment kill- . d and taken bv the Indians, except six men, who escaped bvi ;'bt. (one of whom was, wounded) Those who were taken alive on this occasion, -were wantonly murdered by the ferocious sava ges, who took the little children, and dashed out their brains against jhe side of tiie boat, and butchered all the helpless females except ore, who was afterwards retaken. General Gaines was not yet authorised to cross into Florida, to en force a compliance with his demand for the de livery of the murderers, while the Indians were collecting in large numbers upon the line, which they scented to think a perfect safeguard, and front which they continued their predatory in cursions, as opportunity permitted. A letter from the secretary of war, of the9tli Dec. 1817, authorised Gelt. Gaines, in case the state of things should continue, and it should become impossible, by any other means, to prevent their depredations, to exercise a sound discretion as to crossing the Florida line, to break up tlieir establishment: and, on the 16th of the same month, the secretary of war, by letter, directed to Gen. Gaines, fully authorised lnm to cross the line, and attack the Indians within the Spanish territory, should they still refuse to make repa ration for the depredations already committed-— unless they should shelter themselves under a Spanish fort, in which case he was directed to notify the department. . ,, , , Intelligence being received by the war depart* men' of the massacre of Lt. Scott and his com panions, Gen. Jackson was directed, bv letter of the 26th December, 1317, to repair to Fort Scott, and take command of the forces in that quarter* with authority, in case he should deem it neces sary to call upon the executives ofthe adjacent states for such additio rial force as he should deem requisite; in which he was referred to the previ ous orders given ta Gen. Gaines, and directed to concentrate his forces and adopt tlie.mcasures ne cessary to terminate a conflict, which had been avoided from considerations of humanity, but which had now become indispensible, from tiie settled hostility ofthe savage enemy. In January rr atten- the secretary of war, in a letter to Gen. Gaines, says, “The honor ofthe United States re quires, that the war with the Senunoles should be terminated speedily, and with exemplary puntsh- mentfor hostilities so unprovoked.” Under these orders, and in this critical state of affairs, Gen. Jackson, with that zeal and promptness which have ever marked his career, repaired to the post assigned, and assumed the command. The ne cessity of crossing the line into Florida, was no longer a subject of doubt. A large force of In diatts and negroes was making that te rritory their refiige, and the Spanish authority was either too weak or too indifferent to restrain idicm^and to ment of war, he penetrated immediately into the Seminole towns, driving the enemy before him, and reduced them to ashes. In the council house ofthe king of the Mickasukians, more than JW fresh scalps, airi in an adjacent house upwards of 300 old scalps, of all ages and sexes, were found; and in the centre ot the public square a red pole w as erected,crowned with scalps, known by the hair to Itat c belonged to the companions of Lt. Scott. . To inflict merited p unishment upon these Bar barians. and to pi-event a repetition of these massacres, by br.uging the war to a speedy and „ . successful tetunnation, he pursued Ins march to • hiitiuiut it£eit|.«:ft by "the court martial, i-.-lore st _ jjarfcs, when he found, in corroboration ol s' 1 ■ wjjtlin jve wus' 6n trial for Hs-l|e, the brref.r of preT ; ous information, .that the Indians and ne- teslioionyoC Ar.'.brii-’ev, wU had not; been" jlqe, had demanded thesuncmlewof thatjpost jpet upaif iaPfS&l 1 wt i%{j»q,Tw«(l..whose evi- and that the Spanish garrison, according 1 "A .a" Jt' irir™s-V *~L •Ahc character -it the individual, the more neces- •nr, is it, by a reasonable, jet temperate expres shin of public yoini an, tlimugh-the constitution- alorgan, to present the recurrence ofbaidents at vaf-tneew tb the principles of ourgovenuAent - fan i laws. ; 'Nor can your committee forbear including in tlieii s’-rictutes the co-t'-t xnartial who sat on the .nr id of Ariruihnct and AltibrisSer. Acourttnar- Vta! WatribBi-.il i.Arstedv ith limited jurisdiction, ‘lfc'. iug frr its. guidance the same rules of evi- " ,'der.ev whicb govern courts of latr: and yet Ar rurt could not assume cog >1 ' ei|nally difficult to understand . of the application of the term the premiers—a tern, which itp- o, 0 illations of individuals with ■riniicnts. It will not be pretended tual l.a F« vttc, t. ho volunteered his services in the cause of America, in the war which esta blished o-t independence, forfeited Ids allegi ance, became sn outlaw and subjected hintself • u ,n igi'.ominmts death, had In* fallen into the bands ot the F.-::1isb.*Drcanit be believed that one voice ui-.lld be heard in justification of Spain, if Cvr were to xerou- sucli of our eomitxymcn Kra-ir,:.t n.\. , :.,™— — i,;t„ f ehti-.g in the jtm ; i-u of’.he r"-i rib American Patriots' Ami if t lose cases should not be considered of such a nature, as t.i wx-rant a rexjirt to so setere a measure, w bile then occurred with a people in a .state of revolution, and considered by the parent counlries to be in a st,,te of rebellion, much less coin'd .these men . \rb.itl.no; ajtd Ambristcr,) be con/dered liablr to it. who were acting with a power acknowledged and treated as sovereign and.independent by ns. ul coirmtittee beg leave to call -tiou .particularly to* the case of II. C. Ambrister, - who, after having oeen aubjected to a trial bo- ftite a court winch h.ul no cognizance or juris- . dictum over tin- nffr-nce* charged against him was shot by order of the commanding general, icon:vary to tin* forms and usages of the army, and without regard to the finding of that court, which had been instituted as a guide for him- s of. Yottr ctaunnittcc must here, in justice to their own feelings, express their extreme regret, that it has fcecouie their duty to disapprove the con- duet of one who lias, -in a former occ:is-ion. so ,.ctmr.cmlv conttibuted to thV itoitor and defence eonipb with orders given him from tbp depart- of thu Hition, at has major general Jackson; but - i immadlatclv into thi lie taor* elevated the station; the more exalted ihat post, that in.Sed"to deicer'’.,, i.e entered the fort by !<--■ tliou-eh witliout bloodshed, the enemy having fled,”& the g.irris-sn bet** too weak to make'opposition. Con" need of the necessity of rapid movements, in order to flic u.timatc suc cess of the expedition, le immediately marched l/.s forces to Suwanev, icized upon the stores ol ti c i-n-'mv, and burnt their villages. ila-. ing thus iar elfected his object, Gelfcral Jackson considered the war at an end. St. Marks being garrisoned by" ail American force; •die Indian toivne at Hickasuky and Suwany des- troi cil; the two Jndiui chiefs, who bad tieentlic prime 'mavis and ipaders of the savages, one of whom had ccmnmfidcdthe party that umrder- . d Lt. Scott and hit companions and ihc two principal foreign insiv.itArbuthuotand Am- bristc-r, being taken aid executed,JJen. Jackson ordered the-' Gre w militia to he discharged, and was preparing miase.lf.to return to Tennes see. lint he soon lean eh, that the Indians and ne-TOi-s were collecting in companies ivest of tip; A],,!uciiicola, which would render it neces sary for him to send a detachment to scour the ■countr in that quarter, ft liilc preparing for this ci.je::, he leajilcd, that the Indians were admitted by tiie gderncr of Pensacola, and cn- io' cd free access t* that town; that they were c ili'-eting in large numbers, 5’M be:ng in Pen- ,:,r-,!a on the 15th»f April, many of whom were known to be hostile, and had just escaped from the pursuit of our troops; that the enemy were furnished with aimmnition and supplies, and received inteligeiue of the movemeais ot oar forces, from that place: that a number of them !i(.(i out, and mtrdercd 18 of our citizens, set tlers upon the Alalamba, and were immediately received Dv tiie givernor, and by him transport ed across the bay, that they might elude the pursuit. These facts be ! i^ fviccrtaineil by Gen, Jackson from unquestion:*!)lc authority, he imniediatt.lv took UP his line oj" nmrcii towardsi Pensacola at the head of a detael me nt ofabau11200men for the purpose of counteracting the views of f.te ene my, and to execute his orders from the Mar De partment, by terminating the wap speedily, ant with exemplary punishment tor hostilities so unprovoked. On the 10th May, he crossed the Appalachicola at the Ocheese village-, with the view cf scouring the country west of mat river and, on the 2Jd of the same month he rc- ceivoil a communication from the governor ot West Florida, protesting against his enl ranee into that province, commanding him to retir..- from it, and declaring, that he would repel lorce bv force, provided he should not oocy. 1 Ins communication, togeUier with the evident cations of hospiitv in the governor, who nad been w ell advised ofthe object oi Gen. -season s op erations, determined the measures winch he pursued. Acconliutfly, be marc.icd directly to Pensacola, and witlt but the shadow of opposi tion took possession of that place tiie fo.lowtng dav, the governor hav.ng fled to Fort Carlos dc BatTancasf w hich post after a feeble, resistance, was also surrendered to Gen. Jackson or. the —tlx; by which the Indians and fugitive negroes were effectually deprived of all possible means ot continuing their depredations or screening themselves from the arm of justice. Thus gio- riouslv terminated the Seminole war; a war re luctantly entered into, but urged by litre neces sity, to protect from the tomahawk and scalping knife ofthe most ruthless savages our peaoeiul frontier settlers, who, from decrepul age to help less mlancv, for more than two years, had been exposed to their cruelties—a war in which our citizens and soldiers, with their usual fortitude and valor under tlieir persevering and determin ed commander, endured long and difficult march es—submitted to painful privations, suouwed a brave and merciless enemy, without suSertng one defeat, or betraying a solitary mark ot dis may to tarnish die lustre of their country s glory. A variety of circumstances convinced General Jackson that tiie savages had commenced tins war. and persisted in their barbarities, under tiie influence of some foreign incendaries, more crim inal than the uncivilized natives. Alexander Arbuthnot, who avowed himself a British sub icet and resided among the savages as an In dian trader, was taken at St. Marks, to which place he had withdrawn as clanger approach ed and was living as an inmate in the family ot the commandant. !■- appearing that he bad been a zealous advocate for the pretended rights of the savages, and in thi, tespect the successor of the notorious col. Nichols, of the British colonial ma rines, in the late war with Great-Britain; that he had repeatedly written in their behalf to the Spa nish governor of St. Augustine, the- governor of the Bahamas, the British minister in the U. States, and to col. Nichols, endeavoring to procure aid from both those governments against the Uuiteo States; that he had repeatedly advised the Indians not to comply wiflj the treaty of Fort Jackson, assuring them that the lands ceded to the United States by them in 1814, were to be restored by- virtue ofthe treaty of peace with Great-Britxm; general Jackson ordered him to be tried by a court-martial, consisting of 13 respectable officers, with maj. gen. Gaines, president. The couit was directed to decide upon the fact of bis guilt or in nocence: and, if guilty, what punishment should be inflicted. Upon satisfactory testimony, he was convicted of inciting and stirring up the hostile Creeks to war against the United States and her cilizcnk; ana of aiding, abetting anil com- fortin ~ the enemy, supplying them with the means of war, and by the court sentenced to be hung. Robert C. Ambrister, late a lieutenant of tiie British marine corps, and with the hos tile Indians and fugitive negroes the succes sor of Woodbine, of notorious memory, was ta ken near the mouth ofSuwaney river It being well known that be had been o leader and com mander of the hostile Indians and fugitive slaves, gen Jackson also directed him to be tried by the Vame court-martial. . Upon satisfactory evidence, he was convicted of having aided and comforted the enemy, supplying them with the means of war by giving them intelligence of the movements and’operations of the army of the United States, and by sending the Indians and negroes to hgbt against them; and upon his own contession, as well as the clearest evidence of having led and commanded the lower Creeks in carrying on the war agamst the United States, was by the court sentenced to be shot. One of the members re questing a reconsideration of the sentence, it was ireed lu;land, on a revision, the court sentenced him to receive 50 stripes on his bare back, and be confined with a ball and chain to bard labor for 12 calendar months. Gen. Jacktoo approveu the sentence in the case of nrbuttnoi; and. in the case of Ambrister, he disapproved the reconmde ration, and continued the first sentence. Tne> were both executed accordingly. In relation to these transactions, questions of the first .magnitude present themselves, which the committee have lleemed it tlieir duty to investigate Was general Jackson justifiable, after marching hts.rjmy across, the hue, into the territory of Spain,in taking pos session, by force of arms, of die Spaflisn posts, nt. Marks and Pensicota? Had he the right yj pun- i h Alexander Arbuthiidt, ami Robert C. Ambns- From the l-cti subirftkted^ it >s perfectly eyi, dent that the Spanish authorities in Florida did not retain iliat neutral character which was n rces.-r-ra to render its territory stored; hot, by thtir own nets* either of' hostility or imbecility, they made fha> territory fheseat of war. Independent ot the solemn obligations of treaty, whereby Spam en- gas-ed to keep the Indians within her territory at •ieaC“ vidl the U S.atcs no principle is more firm iv established by the las s of nations, than tom. diata nation at war lias -the .right to pursue the i.o.tile nr i y into the trmiorv of a neutral nation, ■;.d to ni-.ke that territory’the tint nt war, when either the weakness nr partiality ol the neutral nalio ; snail sillier the btl.ignret.1 army, ictreaUr.g i; , territory, there to rally, collect strength, •,:nl provide supplies, t» enable them to renew fie cor.fi ct, and especial"*" when munitions ot war shall be supplied, “ " by the citizens or autbtir.ti s i,T Ibc ntu'ral nation. ilu-. in the cons deration id this subject, it over be forgotten that Spain was bourn., ileum s ipula.i ms of treaty viiti. the Urn 's her-elf to have lougiu these L-atlies. v.c 1; to have done so, it le-s. to hat elude cause with the United States agaihst hese lawless tribes of savages, l'i U. States have never recognized the Indians, within her ter- iallim ts. as nations uWkfefy imiej enuent; ,e:ree it has ccerrbecu considered the duly oi toe executive, when they have been guilty of murders and depredations upon our citizens, either m lundcring pare.es, or in the more tormidnble as- t cl oi* Indiau arnnu. 10 order a^niust them t.ie inil.t iiv fsircc pi’liie country, or call into service ihc the ca-e may rc.quiic, to check their hari>aaticri, ami to the;r crane-. In acc .rdance wiUi this principle, the executive has ever actetl since the commencement of the ieni gover .re.*' Kepcated and bSocsy dep- rtd.4ti'»nw upon our oviv.ern frontier, in winch pf'Acefirl hu'baiidiritn, defenceless women, and innocent children were rar.de the victijr.3 o» sav are ferocity, wot only rendered it necessary to nut into operation d;t military force ofthe nation; but the ^interim* of the Indians beyond the Inn- ofthe United* States, gave occasion for the or ders tn gen Jackson, to pursue them beyond these Iim*is it r’juin regard* the Indians in the Same l giit, it Wiiri a duty no less incumbent upon her by • ’ • ** - than by treaty u should 1 oy thes ted S'a* l- K IOC tiie few* of nations, than by treaty, to have re- \}K»*ed their lawless depredation-; and, in her audits’ failing tc do so, if. tJirough ncglert, t.iey ir, tde themselves parties in the war; or if through ’ ikneas t Uicy forfeited t:«e right of sovereignty ... mat territory where they tailed to munium tf. li Utf if ipi.n regards the Indians as comtHini- absolutely independent then the territory, by right of»occupancy, belonged to the Indians, and not to Spain, and the invasion was ot the en emy’s territory . tlad the commandant of the Span ish porit at St.'Marks done his duty, in withholding from the enemy supplies, and in denying them a refuge within the reach of his own tort* the necessity of interrupting his garrison would not *rt's existed; nor is it presumed, that any at tempt would have been marie by general Jack- Sl ,u co possess himself of that post. Ar«d it is also presumed that his orders to respect the Span ish posts were predicted upon this supposed state * of things. Hut. as the object ot the entrance into i'Lor.da, was the reduction of the L.uian force—to bring the Seminole war to speedy and successful termination, which was exhausting the blood and the treasure of the nation, it was a duty which he owed to his country to eiitot that d, i*^t Any result short of this would have only increased tiie evils which ;l was his uuty to cor rect; and this could iiwt be effected while Span ish fortifications were appropriated to their de fence. and yet regarded as racred by him. 1 o have retired with his forces, ui.dec suca A com bination of circumstances, winch would have con firmed the erroneous impress on entertained by the Indians and by the Spanish authorities, o. the sacred character of* these places of rehige and o* succor to o^r ferocious enemy, vvuida have per petuated the war, and given it the character ot permanency, which the honor of the United States required should be speedily concluded, and with the most exemplary punishmeut. The commandant at St. Marks himself acknowledged that hiscotn- maiid was at the mercy cf the Indians and ne groes; he ought, therefore, to have hailed the ap proach of general Jackson, with his American forces, as a deliverer, and to have co-opera jed with him in the common cause; when he was assured that the object was a military occupation, tor the express purpose of putting an end to the Semin ole war, and not tor conquest, iiut the tacts present this subject yet in a much stronger light to the committee. The Indians received not only shelter, comforts and munitions, and all tiie facil ities for carrying on the war, which a Spanish army could have received from that post. Did thU conduct, on the part of the Spanish comman dant, result fn m a hostile disposition? It so, he became a party in the war. Or was it the ehect of imbecility, as his professions ol frien ’ship would imply ? If so, the act of garrisoning bt. Marks with ail American force, bears no charac ter of hostility to Spain, but was warranted by the law of nations—by the treaty with Spam, and by the first law of. nature—self-protection. Had the governor of West Florida maintained the neutral character which was confidently expect ed. and which it was his duty to have done, Vfce Seminole war had here ended, jjnd our ffeg would not have been unfurled in that territory* 1 he Indian establishments at Mickasuky and ouwaney broken up—their v dkiges burnt—their supplies cut off—St Marks occupied by our troops, their power in East Flo ida was entirely annihilated. In the firm conviction that the war was ended, general Jackson had ordered the Georgia militia to be diabanded, and was upon the point of re- turning himself, with the Tennessee and Kentuc< ky volunteers when he learned that the object of the campaign was not yet entirety accomplish ed. The vanquished enemy, crossing into VVest- Fionda, where the authorities of Spain proved as imbecile as in the -western p.ovinces, renewed tlieir depredations, by their incursions into the ad joining territory of the United Slates, and com mitting' murders upon our frontier settlers Leery circumstance, which not only justified the act, but which rendered it an imperious duty for him to enter the Spanish territory of East Florida, was equally applicable to tiie act of his crossing the Appalachicola, to break down the power ofthe enemy in West Florida. But the conduct of the governor, taken in connection with the circumstances which induced the entrance into Pensacola, rendered its occupancy by general Jackson, if possible, yet more palpably necessary, than that of St Marks. ’Well appnsed of general Jackson’s object, that he had not entered the Flortdas in hostility to Spain, but to do that which Spuin was bound to do, both by treaty and by the laws of nations, to give security to our own citizens, withir.oar own territory, by jjistroying the power of the savage foe; die governor ot Pensa cola, in equal violation ofthe laws of neutrality and of humanity, succored these enemies, supplied them with munitions of wap, sheltered and con veyed from (he hands of jus,ice those of them, who were returning from tiie bluody-prey; a.id when general Jack* in was executing the nghfeoua mandates of an injured and indignant natjorf upon them, Jhe governor commanded him to depart from the territory, threatening to t ppose force by force, should he -tot comply. Thus circumstanc ed, what should general Jackfon have done?— Should he list e been induced, by the unprovoked and gasconading menace, of a toreign governor, to retrace his st.-pa? Oi* should he hat - remained stationary, until he could have despatched a mes- .engtr to the executive, for instructions how to act? This wouid have ill become an American general, whose movements were sanctioned by .be sacred laws of nature and of nations, and by the solemn Stipulations of the foreign prince, as well as by the authority of his own govern ment. . Sno-jld lie have left it in quiet posses sion of a savage foe? Tiiis-wnuldhave de feated the iVitoio object of th« war.— fin re was but one course, in tiie opinion ut the committee, which lie could pursue, civisistentl) with the honor of. the nation, act! Die safety of its frontier citizens. The covrn.or of West Floiida, by hi* own net, had become a party with the savages in the war: or had, at ieart, by his imbecility, for feited the right <d sotcreignty within tiie territory; and the “occupancy of the Spanish posts in that piovince by gen eral Jackson was in the opinion of the committee, a sacred .duly tvhich- e owed tu htmself, to his army, to thego- ernm-i’, ami to his country. "While tliis nation scrupulously regards the dic tates of justice, in her intei course witlt all nations, civilized and savage, it is a duty hit it she ow es io her own cm:r.actor and to me safety of he*-citizens, to.ass-vt. her - rights and avenge her wrongs, in reh- tioa totlif.se movements, it appears to your committee, tiiat the executive has sanc tioned the act of general Jackson, in the occupancy of those posts,by requiring Hint condition, which the laws of nations anti the treaty with Spain justify, in otder tu the restoration of Si. Murks; and if Pensa cola is not held su’:ject to tiie same cunm- tion, tills dues not imply a relinquishuieut ol the right; but should be regarded as the evidence ofari amicable dtnpu»itiuti towards Spain. , The committee now enter upon tne other point, that, of the trial and execution of tne foreign instigator®, ArbUhnot and Am-, blister—a subject of more delicacy artW tenderness, as it involves the lives and li berties of individuals; yet of equal magni tude, and, in the opiuion ofthe committee, of equal clearness. In ancient times, when binbaiism more generally prevailed, and even polished nations j etned uncon scious of tne ties of humanity, which xight ever to bind the whole family of mankind in tenderness and alfecfi'-’n, t-hc practice obtained of pitting to death the soldiers and even the citizen* of a vanquished ene my, by the sword, and even by the public executiun, or of holding prisoners of war in slavery tor life, and eutaiiing bondage upon their posterity. Uat the progress of civilization, aided by the tbeuign influence of Christianity, has, hi modern days, pro duced a radical change, highly honorable to the civilized world. In consequence of this principle, it fol lows, that although when one nation eutm s into war with auuther nation, all the citi zens of those nations may be considered, in some respects, as enemies to ail the citi zens of tho other; yet they have nut a right, >D all cases, when they meet, to acLjfidio*- tihtv to each othei; because women, chil dren* and all otheis who are exempted from healing arms, anil tiiose employed in, rural and utner peacelul occupations, are not the proper objects of hostility; uer is it admissible to take the lives ul loose who fall into the power of their enemies, alter they have surrendered; because such act is now unauthorized by the laws of nations,, and ever lias been a violation ul toe laws of humanity. So, when armies meet in field ol battle, the soldier, who lays down his arms and a ,k lot quarters, ii enti tled to his lit;’.; and the same with gatii- sons and whole armies; if they oiler Iimisi pitu!ate,in cases *1 great extremity, if is an established principle of the laws ot im-. tions, universally acknowledged where ci vilization prevails, that tlieir lives cannot he justly Ulten, unless their gross violation f.. *'.1-... ..f iI* A <.tt,ili<y<'il vvt«t I**.r»* render ofthe rules of the civilized vvui fare render it necessary to inflict death a.* a punish ment for their crimes. But death, in such cases, is never the righteous fate oi unsuc cessful war: much less are peaceable citi- eens, unarmed, pursuing their lawlul avo cations, subject to death, or any other acts of hostility calculated to injure them, ti ter in their persons or effects; because such citizens do not offer injury. But, from this general principle and universal prac tice among Christian nations, another prin ciple arises.as universally acknoweUged and equally consonant to the laws of na ture and nations, that when a nation, either savage or civilized, departs from these rules, and grossly violates the laws of na tions anti ol lintiiuuiiy, retaliation, or re prisals, are always justifiable, often useful, • ami sometimes essentially necessary, to »Tteach the offenders to respect the laws of humanity, and to save Iheefiusiont.l In such cases, where tne guijty persons can be taken and identified, the punish ment ought to fall exclusively upon them. Yet reprisals are not necessarily, eve a con fined to the persons of the guilty; but the laws of war justify tt* punishment of Lie offending nation, in any of the persons of the enemy. This nation, ever regarding mere ,.s her delight, as heretofore abstain, ed from the exercise of this power, though the principle m is recognized in the fuse ul captain Asgill, in the revolutionary war; and by president Madison, in,which it re ceived the sanction of the legislature, it; the laic war. When at war wit. savages, who respect-no rule, and are governed by no laws; whose known mode of warfare i* indiscriminate murder ol all ages, Sexes, and conditions, it is a well established principle, that their crimes may be lawful ly punished in the persons of any of -jfeeir people; and the citizens or subjects of any civilized nation, by engaging in* their warfare, either in personal hostility or by instigating, aiding, and abetting them, thereby identifying themselves with the savages, belong to their natiun during continuance ol such engagements, ami are, by the true and acknowledged principles of the Jaws of nations, sutycct to the same treatment. When reprisals shall be'made by inflicting retaliatory punishment upon foreigners thus identified with savages, it j* justifiable upon the principle of repri sal* alone, and not because they beu;».:e out laws anJ pirates; for the laws of carious justify tiie citizens or subjects of one na tion in entering the service of another na tion; aud, during such service, they are considered as parts of the nation which they serve, subject to thp same treatment, in all respects, as if the^ were its natural citizens or subjects. It was upon this principle, teat the Marquis dc la "Fayejtte, Barons Steuben tnd De l-fulb, and general Kosciusko, en tered the American service fja the 1 evolu tionary war, which was .never, considered, as a just occasion for war ; oy 9 re *l 3ri-
