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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-