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tEB.i rR on THE SEMI A OLE IFJH
•HOUSB OF BEPUBSr.NTAtlVBS.
Monday. Jon. 8
In comn-i'lM of Ore whole on the slate
fof the Union, the following revelation, re
ported by the committee on military <f-
I fairs, was under Consideration, viz:
jResobtrd, That- the House of Represen
tatives of the United States disapproves
the proceedings in the trial and execution
of Alexander Arbuthnot and Robert C.
Atnbristcr.
'Mr. COBB, of Georgia, commenced the
debate, by observing, that although he
concurred in Opinion with the military
committee, as expressed in their report
under consideration, yet he thought they
had not .gone far enough. There were
other matters, arising out of the late Se
minole war, which be thought of infinitely
greater importance, -and, in compatison
with which, indeed, the trials of Arbuth-
cot and Ambrister were objects of but
secondary consideration. As highly, there
fore, as ne disapproved the proceedings
in the trial of these men, yet as, by t le
report, the matters to which he had'allu
eion were not presented for consideration,
he held in his hand certain resolutions
which it was his intention* to propose, by
way of amendment to tlie report of the
military committee. £.Mr.-Cobb here read
the amendment which he subsequently
moved.} From these resolutions, the com
mittec of the whole would observe that it
was his intention to open the whole field
• of debate, and to prcscirt for discussion,
not only the tri lls of these men, but the
capture of tktSpanush posts of St. Marks,
. J'eiisarola, and-iiaraucas, in which, he be
lieved, thece -had been a most flagrant
breach of the (^nstitutioc of the United
’ States. But as notwithstanding the a
tnendment he’ was about ,to propose, the
(resolution of the military committee wouid
Stand first in order,,he-would proceed to
tnak'- a few remarks ias to the subject
matter of that resolution. He thought he.
could promise that the committee should
Dot be Jong 'detained by the observations
which he (night have the honor to make
either upon-this resolution ori those which
be would lay upon the tahlc, as, at that
early period of the discussion, it was not
••necessary to present to the committee any
-firm" more than what he considered the
leading points, reserving to himself the
Tight of speaking, as to particulars, at
?ome future period, if he should find it
•necessary. *
. In attending to (he trial by court mar
tial of those- two Englishmen, the first ob
ejects for consideration which presented
/Aemsclves, were the charges exhibited a
gainst theip. Reasoning upon the snppo
■oition that they were true, he was:- per-
•fcetly at * loss.to know what law, martial,
municipal, -or national, was violate^. A-
• gainst what law had they oftendedf He
nvas not certain .that he perfectly liader
etood whaj was national law in this coun
try. Were- he to view it in the light that
it had been''explained -and enfbrtcd by
some, he must be. com pelted to con.Tder it
as paramount authority indeed; so high in
its nature' 'as: (hat it could be made to
suspend the constitution itself. He had not
yet obtained -his consent to give it this
omnipotent effect, and he hoped he never
'should. He had thought, an/1 yet bel-eved,
.until he could have soov; proofs to the
contraiy, .that-it-was contained in that
body of laws established Ijrv the Congress
of the United Stetes for the government
of the army, cemmonly called the "Rules
and Articles of War.” If he was correct
in this opinion, (and he presumed no
gentleman would controvert It,) he had
searched in vain, (and he had used no
little industry to discover) for that clause
against which Arbuthnot and Ambrister
bad offended, in the commission of the
acts charged against them, and for which
they were convicted. It was true, there
was a clause subjecting to death those
who should be convicted of being “spies.”
But, although these men, or one of them,
was charged with this, vet he was acquit
ted of that charge, and for that reason it
•would be unnecessary to take farther no-
tice of it The offence for which they were
convicted and suffered death, was that of
“exciting and stirring up the Creek In-
dians to War against the United States
and her citizens they being subjects of
Great Britain, with whom the United
States are at peace;” “of aiding, abetting,
and comforting the enemy, and supplying
them with the means of war;” “and lead
ing and commanding the Lower Creeks
, in carrying on war against the United
States.” Admit the troth of the facts con
tained in these charges, are they declared
penal in any part of the Rules and Articles
of War? Or are thiy therein declared to
be proper subject matters for trial before
a court martial? If they were not, it fol
lowed, as a consequence, that the com
manding general had transcended his pow
ers in ordering the court, and that the
court itself had stretched its powers to an
unwarrantable length, in acting upon mat
ters not cognizable before them. It would
be arguing to little purpose to prove, that
the crimes contained in these charges
, were not embraced in the rules and arti
cles of war. It would be sufficient, at
present, simply to deny that they were,
until those who differed from him in o-
pinion attempted to prove the affirmative
of the question.
Mr. C. thought it would be an attempt
equally fruitless to prove that the matters
charred arainst these individuals consti
tuted an offence against national law, for
whicb they were answerable before a
martial. He did not profess to be
r read jn the law of nations. He had,
searched, in the hope that he
Enid find some justification for this most
JotcJ proceeding, all the writers on that
•nhject, upon whose works he had been
rfble to lay his hands. H^had commenced
and prosecuted this search under the most
anxious wi|h for success. It had been an
object-of great solicitude with him to res-
, cue both th^ court and the general who
l it,’from the imputation of injustice-
man had been fortunate, he should rejoice,
to learn it He certainly could have no.
wish' to remain in error.
Tue nex point iilcljiifd by Mr. Cobb
was av to llie-evidei.ee under which butl
or one of these men, were convicted, H
«houM no: say much op-ic it. Curjie did nut
intend to anal it* it: He had understood
and ou doubt c«t redly, that the rules
cv drnce, in courts martial, differed ve
little, in principle, from those established
in the courts of common law. It was
do< • ired, he bt-uei ed by the oniy American
authority, (Macomb on martial law, j that he
knew any thing of, ou that subject. 11
presumed it would not be denied. But
sir, said he, if we trettheevidence pr 'doer
in those trie s by these rules, we shall blush
at the snamelul perversion ut justice there
in displayed. The evidence of papers, not
produced or accounted for the belief of
persons whose testimony of facts ought to
have been doubted, hearsay and tk.t of
Indians, negroes or others who, had they
been present, could not have been sworn
were all indiscriminately admitted and
and ac'ed upon. MiseraDle,. indeed, will
be the precedents established by this court
mertiai fur others winch may be hereaflei
be formed! Meie need cot to be said on
this subject
Mr. C. next called the attention of the
committee to the sentence under which
Ambrister was executed. He had stron
doubts whether, upon giving a fair con
-trucuci* to the rules and articles of war,
the proceedings o.‘ the court martial ought
no*, to have been laid before the president
ol the United Stales before the sentence
was carried into effect. But he waived t‘
examination of this question. It seem
that the court first sentenced Aiabi ister
to be shot: but une of the members having
asked a reconsideration of trie s*-ii‘tc-i.c
before tlie proceedings were submitted
the commanding general, it was allowed
and another punishment uwaided, as igao
minces in its nature as imagination could
well conceive but winch yet spared life —
Now, will it be contended that this-rerun
•“deration and change of sentence did not
lo all intents and purposes render null utid
void the first sentence? Cun it be said
witii any truth, that there was any utlie*
aentence than the one last passed, in the
Case? But,unfortunately, the first sentence
was not erassed from tlu- proceedings t.f
the court. It is there found by the geii
I, when they were submitted.tonun, ami
by a. high stretch of power, lie avails turn
self ol it—“approves the finding and firs
sentence—disapproves of the reconsider.*
tion and last sentence,” and directs ,t •
man to be executed! To me, sir, said Mr
C. this proceeding has upon its fax-e
cruelty that excites my greatest tlisappm
•ation. The last thing to which Mr. C
would call the attention of the cmnnntb
was the principle by which the command
ng grueral ptofesses to have been govern
ed in ordering the execution of AtuOt ister;
and which, in its extent, as contended by
the report of the committee under consjq-
i ation, applied witii I'-qurhl force to the
ca-e of Arbuthnot. It is in these words;
•it is an established nrinciple-of the law
>f nations, that any individual of a nation
H iking war against the citizens of another
nation, they being at peace, forfeits his al
l.-giance, and bocomcs an outlaw and a
pirate.” The military committee, in then-
report, have very properly denied the es
t iblishnicnt of any such principle in the
law of nations. Sir, said Mr. C. I boldly
■to desist,
If any other gcatle--
challenge any man of common sense to
prove the existence of such a principle, ti
the extent it is here laid down. Reason,
propriety, justice, and humanity, all cry
aloud agamst such a principle! ‘ So far a*
iny researches have gone, it is absolutely
deni-. d by the writers on national law; anti,
I sincerely hope, wiit be absolutely denied
by every member of this committee. If
this principle was true, then Li Fayette.
Da Kalb, Pulaski, and a large host of for
eigners, who joined the standard of our
fathers in the revolution, and, by their
blood, and at the expense of their lives,
aided in the establishment of the indepen-
lenceof this nation, were “outlaws and
pirates;” and, had they been captured,
were subject to have been tried and sen
enced to an ignominous death by a court
martial. For, when they entered our se;-
ice, they were “individuals of a nation at
peace” with England, and they, after they
joined otsr arms “made v.ar upon England
id her citizens, and thereby forfaited
tlteir allegianee.” Sir, is the committee
prepin-d to brand these men with the ti
es of “outlaws and pirates,” by their
net oil to this principle? 1 will not yet
believe it.
But, it may be said that these English
men having ••joined a savage nation, who
observe no rules, and give no quarter,"
ive have a right to treat them precisely as
we might treat the savages whom they have
joined, and that he would have a right
put the savages to death, upon
p tncipie of retaliation- Let this yo~
turn lor a moment be admitted,
ml yet it will he 'vident *.!iat Mie
principle under which he should proceed
would be a very different one—to wit,that
of retaliation. For, even savages cannot
gularly be put to death, until they re
fuse ‘*to observe rules or give quarter.”—
In order that the principle established by
general Jackson may be applied, it must
ndergo a material amendment. Instead
>f thewordsin whichit is couched, itshould
-ead thus—“Itxs an an established princi
ple of the law of nations, that any indi
vidual of.i nation joining savages and bar
barians who observe no rules and give no
quarter, and making war against the citi
zens of another nation, they being at
peace, becomes himselj a savage and bar
barian, and may be treated as such ’’—
Under such a principle, there would have
been mote justice, (humanity being nut ot
be question) in putting Ambrister and
Vrbutliout to death.
Mr. C. then proceeded to enquire
whether the commanding general of the
American army possessed the power to ex
ercise the right of retaliation? If in its ex-
erase there U any responsibility, he con
ned Jh* happiness df act oniy the present
generation, but, es I would fondly believe;
of myriads of our posterity, yet unborn!
But to the point. That part of tlie con
stitution whiih i believe'to have been vio
lated by the capfuie of the Spanish posts,
in the one vesting in congress solely the
power of declaring *.var. It is necessary
to enter upon a course of reasoning to
prove the jjoliey of vesting this 0 jwer in
congress, or in other Words in ti.e people
i would fondly hope that there is no man
upon this flo-.r, who wishes to see it chan
ged; and I feel (hat I should be doing them
an injustice did I even su-pect them of
such a wish. So clear, so self-evident, is
the policy of placing it where the constitu
tion has left it, if I am tint mistaken; the
immortal authors of the letters ol Publius,
would not condescend to consume une mo
ment of time, u. waste one solitary argu
ment in the proof of it But suen a dis
cussion is now too late- it would be
fruitless;—the point is settled. It is ves
ted in congress—in the people; and the
true question is, will you preserve it to
them inviolate? Si', so long as it is pre
served to the people, we have the best se
curity .gainst the ambition of individuals
tve need fear no tyrants. It it is once lust
runt is the consequence.
And permit me here to observe, that
from no portion of the people have we so
much cause to fear the loss of tins great
prerogative of peace and war; as tiom the
milnary. If it should ever Oc usurped
depend upon it it will be by a military man
(' ifl natural to the puhne mind to admire
warlike deeds. In the splendor of miht'-
ly achievements, our eyes are blinded, ami
our reason is obscured. We become so
ml ;tu-xted with the man that we lose sight
f principle, and we are offering him our
worship, before we are aware that ae have
made him a God. Sir, 1 much lear that
this spiric of adulation has already perva
ded the mind, of the people of this coun
ty to a most injurious extent.
But to the proof of a violation of the
constitution.—-This question might at
once be put to rest, by shewing that a
war has been commenced and prosecuted
. to a conclusion, and calling upon those
who conducted it for their authority in
doing so. Sir, no such authority can be
found in your statute book. Will it be
denied that war has been prosecuted
against the Spanish authorities in Florida?
What is war,* but the exercise “of force,
of violence between nations, in the prose
cution of their rights,” whether real or
imaginary? Such, gentlemen will find to
be its definition, whether their own reasou
or the best writers upon this subject be
consulted. Such it is defined to be in the
work which I hold in my hand (Vattel.)
That the Spanish posts were captured by
the exercise of this force by the army of
the United States, is most evident, from
the communications of General Jackson
with the war department. In his letter
of 5th of May, 1818, speaking of the cap
ture of St. Marks, he says, he entered it
by “violence.” In his letter of 2d June
following, detailing his operations against
Pensacola, he says, “he demanded the sur
render of that place, and entered it only
with a show of resistance.” Barrancas
he regularly invested; “mounted batteries
against it;” “commenced offensive opera
tions;” forced the Spanish garrison to
“capitulate,” and granted them “more
favorable terms than a conquered enemy
would have merited.” Here, then, is
furnished most abundant evidence of that
very circumstance, or force, necessary to
constitute tear. Of the capture of the
Spanish posts by war, then, there i3 no
doubt. But this is not all. It was an of
fensive war.' To give it tlie character of
a defensive war, it must appear that our
country had been invaded, or was in immi
nent. danger of invasion by the Spanish
forces in East Florida, or efsewhere. Or,
if this was not the case, it ought, at least,
to be made to appear, that our army,
w’liifh had neen marched into East Florida,
in pursuit of our Indian enemy, had been
attacked by the Spaniards; or that they
had arrayed themselves against us, for
the purpose of preventing that pursuit of
our*oemy. None of these cases appear
to have happened. The Spanish authori
ties spoke the language of peace. The
minister of Spain was here. We had a
minister at Madrid; peace prevailed be
tween the two nations, and negociations
of a friendly kind were going on. Not a
Spanish soldier had raised nis hand, or
pointed his musket against us, until the
American army satdown before St. Marks
and Pensacola, for the purpose of captur
ing them. To call it a defensive war,
therefore, is idle. It is an outrage upon
common sense.
It was an offensive v.ar to all intents and
purposes. We had no territory in East
Florida to claim Trom Spain. Itmust, f; '-re
Tore, have been prosecuted to punish some
wrong or prevent some threatened danger.
These arc the leg tiniate objects of offtn-
• .. , - ... ,, . , a. ve wars. They are so declared to he by
permit to pass uunoticed the exercise of a * * ■’ „ „r -n *
r iT-.l ths writers on the subject ol war. lhat
tended it was platvti upon the nation.
Ttier were accountable-to all other nations
for the manner in which they conducted
their wars* To the nation, therefore, it
bif! ooged, to establish the rules of icnr, (>}
which it w-uld be goverheiSf.and the au
thority by which they were to be establish
ed, was that in whose hands was vested
the right of declaring war. in their es
tablishment, the character of the natiou
for jastice, for humanity, etc. was deeply
involved Who, he asked, were the.legi-
tiniate guardians of the character of tins
nation, but congress—the war declaring
powe,?—Mr. C. thought he was not singu
lar in this opinion. He believed that the
late president of the United States, the
vii tuous James Madison, was if the same
opinion. For when, during the late war,
it was thought necessary to apply the re
taliai's-y principle, did lie believe himself
clothed with power t-> do it. although com
mander in cli'of? No—hebclieved it was
in congress alone. T<» cong'ess he appli
ed for the power, and, by a special act,
they conferred it ou liiiti. Mr. C. thought
this case should be considered as conclu
sive authority.
But he would enquire how long this re
taliating principle, even upon savages, had
bjeep.in operation tliij country? So far
as Ills memory seriiifd him, the Seminole
war afflrdecl the first instance in which il
had been exercisrd, from the time ot
the establiihmeot of the provincial
governments, up to this day In the In
dian wa*s ill the south, and in the north
wi^t.in the years 1*93-4-5, he recollect
ed to have heard of nu instance of it.—
Paring tlie late war with Eagatml white-
men were ruptured alter B e massacre at
tlit- river Rasin, wbild fighting by he side
ail the savage, and were not put to death.—
Viy, general Jackson himsrlf had in hi-
htndi the vciy leaders of the merciless
bind, who bu-clie'erlthe hundreds of hi
countrymen: whose bones afe now muul-
let ing underTire saint of fort Mims, and
did. not put them lo deatii! Where then
was his nvvngiug-arm? . Why did lie not
then brandish tlie ovvopd of retaliating
justice? No! He had not then clothed
himself with such mighty powers. But
now, when the United Slates have no
other enemies to contend vflth than the
small tribe soft lie.Seminole Indians, aid
ed by a lew negroes and Upper Creeks, it
has become, all. af ouce, necessary, after
tliev have lit-eu defeated and dispersed,
jo.i'tVifhe tu\vn$ destroyed, toexeicise re
i Ifcrtibnf In une ’day has the fair charae-
er of this nation been blasted! That
haracter for justice and mercy in wiri I:
we thought ourselves pre-eminent, and ot
which we hail so proudly boasted to the
the? nations of the earth, is now prostrat-
J as low B9 theirs,. They can now say to
ur, boast n<> more —you are not less erne,
'had other natiiois. But, sir, said Mr. C
l have done vviltf fhhi duiagi ceable subject
r turn . with kly&ust Him this nauseous
scene. >.!-
itr -Cobb th *n submitted -the resol u -
(ions he had b.Ta.-e read in his la.ee, prcla-
five to the capturaroUthf Spanish posts in
East Florida, as on amendment to the re
port of. the military committee. Upon
these resolutions be presumed the door fr.r
a discussion, a* w.de as cowid be, wa»
opened. The fic.t resolution pointed to
an act of legislation, growing out ot the
doptinn of the -resolution submitted by
the military committee, l'he second dis
approved the capture of the Spanish pnsts.
oncoustitutiiirial, and the third pointed
to a legislative act arising out of such dis
approval.
A subject involving a breach of the
constitution, said Mr. C. must at all times
be an interesting one, to the nation and
to ConsrPi*. Such he considered the one
now presented to the committee of the
whole. It ought to be discussed with calm
deliberation, but with firmness. He hoped j
he had not yet travelled out of this rule. ]
If, contrary to his intention, he had done
so, and thereby done injury to tin-feelings
of any, he regretted it;.and would repair
the injury by any means in his power.
Towards General Jackson, Sir. Cobb said,
hope I have not used language unneces
sarily severe, or unsuited to the dignity
of tins house. Such was not my intention.
If I have betrayed a want of'eaution or
cahnness, I hone the committee will be
lieve it proceeded more from the unre
flecting warmth of hurried debate, than
from a wanton desire unnecessarily to as
sail feelings. To me Genera! Jackson is
personally a stranger. It is impossible,
therefore, that I can entertain for him any
personal enmity. I know him only as a
public man—and it is oniy in his public
character that I have censured his con
duct. In doing so I have no personal
wishes to gratify, no disappointed hopes
to revenge, and’no interests to promote,
but those of the people. Sir, I love my
country—-I love her character—I love her
constitution. As the representative of
the people of Georgia upon this floor, I
should feel mysell criminal were I to
power, which in its operations, has a ten
dency to sap the fair fabric of this sacred
instrument, established at the expense of
so much blood aind treasure. Against the
usurpation of such a power, by any indi
vidual, I feel it ray duty to raise both my
hand and my voice. - No man can more
highly appreciate the distinguished ser
vices of General Jackson than I do-. So
far as those services have been virtuous
and legal, I have joined mv countrymen
in crying “well done; good and faithful
servant;” and in bestowing upon him my
plaudits and warmest thanks. For suen
services 1 am still willing to join in crowd
ing laurels upon his head, until it bends
under the weight of thfm. But, if they
are to be acquired by his trampling upon
the constitution, and the best interests of
tliis country, then shall I wish to see each
leaf of these laurels fade, and fall in ruin
to the ground.. Nayt the very brow which
tiieyeadrcle sink ; ■‘ jSf 3j
“To the vile duct from whence It sprang,
“Unwept, unhonnred, and unsung.”—
Sir, upon the preservation of this instru
ment in its purity, depends the freedom
such precisely were nur objects in the at
tack upon the Spanish post», is evident
from the documents on our table. Not
that we had much threatened danger t-* fear
fiom them, far they threatened nonr—
what could we fear from such a handful of
soldiers as Spain there had—but because
they had done u» great wrongs, which it
was our intention to punish. The presi
dent’s message, and gen. Jackson’s letters
are filled with th“ details of these wrongs.
Such of them as are mged as affording rea
sons for the attack of St. Marks and Pen
sacola, are as follow^. “That Spain had
broken her treaiy,by which she was bound
to restrain the Indians within her territory
from attacking us,” that, so far from doing
this, she departed from a“neu>ral conduct”
and supplied the savages with arms, am
munition, etc. “encouraged them to make
War on us,” “gave them refuge and pro-'
tection.’'“protested against the invasion
to East Florida, and threatened In resist
froce by force,” “sent menacing letters to
• Vattel, B. 3f« 1-
gen. Jackson,” i^'fir.aiiybectkirseit wasfexr-
i d “the Spanish posts might fall into the
'lands of Indians.” These reasons are
soma of thura ridiculous irt themselves,and
such as. to say the most of them, hut cau
ses of war. They contain, wrongs which
demand punishment.
But who, Mr. Chairman, authorised or
directed this war? That congress, tnc
constitutional power, declared it( will not
ue pretended. The executive had no pow
er, had he been disposed. The president,
in his message disclaims any such power
••it belongs to congress alone,” says he,
to charge the relations existing between
Spain and the -United States. But this is
not all. If all the orders issued to the gen
eral commanding are laid before us, it is
evident to me that the executive did not
authorise this war upon the Spanish
authorities expressly, or by implication
Far be it from me to entertain the slightest
wish to charge the. executive with duplici
ty. 1 will not say that all the orders and
correspondence between the executive and
general Jackson have uot been laid before
us. But. candor compels me to say, that
there is sonn thing a little mysterious to
me upon the face of the documents before
us. I will proceed ta slate the grounds
ot this mystery. In the first piacc
i cannot a* count for the perfect con
fidence which General Jackson shows,
throughout his correspondence, in the cor
rectness of his proceedings, in which he
had clearly violated his orders, as 1 will
hereafter show. H c never expresses a
doubt that his conduct will be approved.
Acting as he did, manifestly contrary to
orders, he never eveu attempts to r.rruse -
himself. He does not seem to think that,
he has overleaped his orders. He has no
apprehensions, no fears, as to the opinion
the Executive might form of his proceed
ings. And yet, if the orders on our table
are all that tie received, it appears to me
he must have known that he had violated
them. But I am somewhat staggered at
another fact, if I have made no mistake.
In his letter of the 5th ofi May, 1818,
which is the only one in which he conde
scends to notice his instructions, he says
that his measures have been adopted in
pursuance of instructions from the War
Department, and under a firm conviction
that they alone were calculated to insure
“peace and security to the Southern fron
tier of Georgia.” These last words are
given to us as a quotation, and, one would
believe, from the general’s orders. 1 have
not seen any order either to Gen. Gaines
or Gen. Jackson containing these expres
sions. But, yet I may be mistaken.
Again, taken in connection witii these,
may be the letter from tlie Secretary at
IVar to Gov. Bibb. In that the Secreta
ry says, that “Gen. Jackson is vested witii
full powers to conduct the war in the man
ner he may judge best.” This letter is
dated more than a month after the capture
of St. Marks. Certainly no “full pow
ers” as against tlie Spanish authorities
ape laid before us; and yet no intimation
is given that Gen. Jackson had exceeded
his authority until orders Were given to
General Gaines to restore Pensacola and
Barrancas in the August following—-and
then it is not noticed, otherwise than by
directing restoration.
The last circumstance which I shall no
tice as inexplicable to me, is the fact that
General Jackson has never been called to
account for his transcending hfe orders.—
All those circumstances do stagger me.
But I shall be glad if they can be explain-,
ed by gentlemen differing from me in
opinion, and who have taken abetter view
oT the documents. I have no wish to be
lieve that there is any mystery in these
proceedings.
Reasoning upon the presumption that
all the orders ever issued in relation to
this war have been communicated to us,
there is abundant cause to say not only
that Gen. Jackson was not ordered to at
tack the Spanish posts, but was expressly
forbidden to do so. It is fairly to be in
ferred from the message, that he acted
without orders. And, if we can be per
mitted to refer to the unofficial expose is
sued last summer, which every body . ..
knows contained the views of administra- *
tion on tliis subject, and therefore ought
to be viewed almost as an official paper,
he is there expressly said to have acted
“on his own responsibility.” The orders
themselves afford ample proof that he did.
I presume no one will attempt to argue
that the orders laid before congress were
not obligatory upon Gen. Jackson, because
they were directed to Gen. Gaines. The
President, in his messages of 25th March,
and at the opening of this session, has
settled that question, and I see from the
intimations given me by some gentlemen,
who I know differ in opinion with me up
on this interesting subject, that they will
not deny it. It would be useless to do so.
Let us see what those orders were. There
were several of them. But the most effi
cient one was that of the lth December,
1817. In this, he is authorised to “cross <
the Florida line, and attack the Indians
within its limits, unless they should shel
ter themselves under a Spanish fort. In
the last event, you will immediately notify
this department.” Now, so far from this
order’s giving any authority to attack the
Spanish forts, it must be considered as
containing an express prohibition. And
why was this prohibition laid upon him?
For the best possible reasons—1st. be
cause the President knew he could not
give such an order, leading directly to
war, without the authority of congress
and, Silly, to put Spain'in the wrong.—
Had the' Indians been protected by a
Spanish fort, there would have been im
mediate cause afforded; and upon which,
when added to the long list of other
wrongs, congress might, if they chose, de
clare war.
Sir, Ut us next examine the grounds on
which genera! Jackson excuses or justifi
es himself,.and cn which the executive
have refused “to censure him,” and may •
therefore be said to justify him. They
have been already enumerated. They are : "
that Spain did not observe her treaty, aid
ed and abetted the Indians in war,excited'
them ta wat, furnisngd them with the