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^Savannah republic ax
b'JiK UEIUCK S. HELL,
cmr PRIWTKR.
irffttx maws mu »<» anv*tiTt«tv*»T» wf>u lit
■irra rmu-icu rrurr pt nmn, vULT.JjJS
JJEBA CE <m THE hE.MUWLE (VJill
BOUSE CF HEPKEieNTATIVBS.
January 9C.
Tho house It^viog zgiiu renzlvetl itself
into commitfe of th<- whole mi the »U'e
of th* union, (Mr. Pitkin in the chair) on
■the report of the military committee, dis-
.Approving the trial and execution of Ar-
buthuot and Amb.'iater, with the amend
merits proposed thereto—
Mr. Clay, (speaker) ro»e. In rising
in addreiK you, sir. said lie, on tiie wry
Interesting subject which now engages the
attentiontif emigres*, f raust he alluweil
to s»y, thit all inferences, drawn from the
Conrse which it will be my painful duty
to take in liisdis usmuu, ol unfriendlme,.
<0 either the chiefmagiatrate of the country
or to the illustrious military chieftain,
whose operations are under investigation,
'♦ill br'wholly unfounded. Towards that
dialittguihlieil captain, who has shed so
tnurli glorv on our country, wnoce renown
cocstilOlvs so great a portion of its moral
property, I tievti' had, I never can have,
-any other feelings than those of the most
profound respect, and of the utmost kind
•ness. With him my acquaintance is very
limited, but, so far a* it lias extended, it
hits been ol the most amicable kind. I
know, said Mr. C. the motives which have
been,add which will again be, attributed
to me, in regard to the other exalted per
sonage alluded to. They have been, and
will be, unfounded, J have no interest,
other than thatof seeing the concerns of my
' country well and happily ailininster.d
\It i* infinitely more gratifying to behold
■.Ilie prostcrity of my country advancing,by
hia wisdom "if the measures adopted t •
pr omote it, than it would be to expose the
civics %htch-may he committed, if there
be H|hy; in th i conduct of its affairs. Mr
Ci st*d little an had been his experience ii.
pr.MIc life, it tad hern sufficient to teach
him,’tha tthe must humble station isuurrnun-
difd by difficulties and embarrassments.—
Hi'.tier than tltrow obstructions in the way of
the president, he would precede him, and
pick out those, if he could, which might
. jostle him in .ii* progress—he would *ym
ipalhise with him in his embarrassments,
and cmnmisserate witb hun in his misloi
fortunes. It was true, that it had been his
mortification to differ with tliat gentleman
nil several occasions. lie ni g'nl be again
reluctantly compelled to differ with Inin;
but he would, with the utmost sincerity,
assure the committee, that ho. had formed
tin resolution, come under no engagements,
and that he never would form any resolu
tion, or contract anv engagement, for sys
teuiatic opposition to his ad in lustration, or
to that of any other chief m 'g'-trate.
Mr. C. begged leave further to premise,
that the subject under consideration pro
ocutcd two distinct aspects, susceptible, in
his judgement, of the must clear ami pre
cise di»crinS,tnat(on. The one he would
Call its foreign,toe other domestic, aspect
'2n regard to the first, he would say, that
he approved entirely of the conduct of his
government, and that Spain had no rause
of complaint. Havi ng violated an impor
tant stipulation of the treaty of 1795, that
power hjil justly subjected herself to all
the consequences which ensued upon the
■entry into her dominions, and it be
longed not to her to complain of those
measures which resulted from her breach
of contract; still less had she a right
to examine into the considerations con
nected with the domestic aspectot the sub-
jer\
What were the propositions before th"
■committee? The first in order was that re
ported by the military committee, which
asse. ts the disapprobation ot the proceed-
in’* in the trialan execution of Arbuthnht
sod Ambrister. The second, being the
■first contained in the proposed amendment,
was the consequence of that disapproba
tion, and contemplates the passage of a
law to prohibit the execution hereafter of
aov cajstive, taken by the army, without
the approbation of the president. The
third proposition was. that this house dis
approves of the forcible seizure of the Spa
nish posts, as contrary to orders, and in vio
lation of the constitution. The fourth pro-
position, as the result uf the last, is. that a
Uw should pass to prohitnt the march of
the army of the United States, or any corps
it, into any foreign territory, without
the previous authorization of congress,
-except it be in tresh pursuit of a defeated
en-niT. The first and third were general
.propositions, declaring the sense of the
house in regard to the evils pointed out:
ami the second and fourth proposed the
legislative remedies against the recurrence
ot thine evils.
It would be at once perceived, Mr. C.
S*id, by this simple statement of the pro
positions, that no other censure was pro
posed against general Jackson himself,
ttun wh it was merely consequential Hi*
name even did not appeal in any one ol
thi resolutions. Toe legislature of the
Country, in reviewing the state ot the un
ion, and considering the events which rav-
ti.inspire.I since its last meeting, find*
that particular occurren,e*.of the greatest
jjiomcot in many respects, had taken place
fj,-ar nor southern border. He would add,
that the house had not sought, by any >ffi-
r cinus interference with the duties ol the
i executive, tn gain jurisdiction over this
matter. The president, in nis mes-age at
■’tie opening of the season, communicated
the -very information on which it is pro
posvd to act. He would ask, for what
purpos"? That we should lold our arms,
Vi'l yield a tacit acquiescence, even if we
•upp'isrd that information disclosed alarm-
iP£ treat*, not merely a* it regards (be
peace uTtl»cirf,try,*mt-Tr”re«eo4'to hs
constitution character? impossible
In communicating th«sepapefs,xnd«r<riain-
tarily calling the attention of congress to
the subject, the president tnuat himself
have intended that we should apply aoy
remedy that we mighthe aide to divine—
Having the subject, thus regularly and
and fa.rly before us, ind proposing merely
to collect the sense of the house upon err
tain important.transactions which it dis
closes, with thenrfcw to the passage of such
laws as may be demanded by the public
interest, lie repeated tbat there was no
censure toy where, except such as wa*
strictly consequential upon our legislative
action. The supposition of every new law’
having for it* object to prevent the recur
fence of evii, is, that something' has hap
pened which might not to bate taken place,
and no other than this indirect sort of cen
sure would flow from the resolutions be
fore the committee.
Having thus given hn view of the na
ture and character of the propositions un
der consideration, Mr. C. saul he was far
from intimating, that it was nothis purpose
to go into a full, a free, and a thorough in
ventilation of the facts and ol the princi
ples of law, public, municipal and constitu
lional, involved in them. And, whilst lie
'rusted lie should spunk with the decorum
due to the distinguiihed officers of the
government, wiio»r. proceedings were tob«
examined, lie should exercise the indepen
dence which belonged to him as a repre
sentative of the people, in freely and lully
submitting his sentiments.
In noticing the painful incidents of thi
war, it was impossible not to inquire into
iti origin. He feared that would be found
to be the famous treaty of Fort Jackson,
concluded ;in August, 1814; and he asked
the indulgence of the chairman thatthe clerk
might read certain parts of tliat treaty. [The
clerk of thehouse having accordingly read as
requested, Mr C. proceeded.*^] He had nev
er perused this instrument until within a few
days past, and he had read it with the
leepest mortification and regret. A more
lictatorial spirit he had ever seen display
ed in any instrument. He would chal
lenge an examination of all the records of
•fiplnmary, not excepting even those in the
most haughty period ot imperious Rome,
when she was carrying her arms into the
barbarian nations that surrounded her; and
he did not believe asulitary instance couid
be found of such an inexorable spirit of
domination pervading a compact purport
ing to be a treaty I’E \CE. It consisted
of the most severe and humiliating de
mands—of the surrender of lange territory
—of the privilege of m aking roads tlirougl
• ven what was retained—of the right ol
establishing trading bouses— of the obliga
turn of delivering into our hands their piu
pliets. And all this, of a wretched pen
ule, reduced to the last axtreinity of dis
tresj, whose miserable existence we had t>
preserve by a voluntary stipulation to fur
oisli them with bread!: When even did
• onquering and desolating Rome fail to re
spect the altars and the gods of those whom
* The pusages read by the clerk were as fol
lows:—
•• Whereas an unprovoked, inhuman and san-
lpiioary war, waged by the hostile Creeks ag.iins'
the United Slates, haih been repelled, prosecuted
sod determined, successfully on the part uf the
said states, in conformity with principle, of nati
ooal justice and honorable warfare: and wherea'
consideration is due to the rectitude of procted-
mg dictated by instructions relating to the re
establishment of peace: be it remembered, that,
prior to the conquest of that pari of the Creek
nation, hostile to the United Sta'es, numberless
iggre»;ionsbad been committed against the peace,
the pioperty, and the liver, of citizens of the U
States, and those of the Creek nation in amity
with her, .at the mouth of thick river, fort Minims,
and else-* here, contrary to the rational faith, ami
the - regard due to an article of the treaty eonriu-
ed at New-Vork in the year 1790, between the
two nations: that the United States, previous to
the perpetration of such outrages, did, in order to
ensure future am.ty and concord between the
Creek nation and 'he said stales, in conformity
with thestipulations of former treaties, fulfil, with
punctuality tad good faith, her engagement' to
the said nation; that more than two tliirds if the
whole number of chiefs and warriors of the Creek
na ion, disregarding the gennine spirit of existing
treslies, suffered themselves to be instigated to
violations of their national honor, and the res
pect due to a part of their own nation, faithful
io the United Slates, and the principles of hu
manity. by impostors denominating themselves
prophets, and b\ the duplicity and misrepresen
tation of foreign emissaries, whose governments
are at war, open or understood, wilh the United
States.
Art 2. The United States will guarantee to thi
Creek nation the integrity of all their territory
eastwardlv and northwardly of the said line,
[described ill the fir.t article] to be run and dti
er i'td as mentioned in the first article.
Art. 3 The United States thma d that the
drink nation abandon all communication, and
cease to hold any intercourse, with any British or
Spanish post, garrison or town; and that they
,usll not admit among them any agent or trader
who shall not derive authority to hold commercial,
or Ollier, intercourse with them, by license from
the president, or authorized agent ol tha United
States.
Art. 4 The United States demand an acknow
ledgement of the right to establish military posts
anil trading houses and to open roads
within the territory guaranteed to the Creek na
tion by the second article, and a right to the free
navigation of all its waters.
Art 5 Tl:r United States demand that a surren-
!er be immediately made, of all the persons and
property taken from the c. izens of the U States,
the friendly part of the Creek nation, the Llirro-
kee, Chickasaw and Choctaw nations, to tl)e re
owners; and the United States will c use
to be immediately restored to the formerly hos
tile Creeks all the property taken from them since
.heir submission, either by the United States, or
by any Indian nations in amity with the United
States, together with all the prisoners taken from
them during the war.
Art 6. The United States demand the caption
nd surrender of all the p r ophet» and instigators
of tiie war. whether foreigners or natives, who
e not submitted to the arms of the Unit d
States. anu|become parnes to these articles of
capitulation, if ever they shall be found within
•he rer.it.iry guaranteed to the Creek nation by
he second article.
Art 7. The Creek nati. n, teing reduced to tr
ireme w.inr, and not at present having the means
of sub isicsicr. the United States, from motives
f hi.i- tu.i y, will continue to furnish, gratuitous-
y, the i cc: .s..ries of life, until the crops of com
caubccjiri l.red competenttoyicld the na'ion n
supply, and will e tabhsh flailing houses in the
nation, at the discretion of the president ot the
ted Stati«. and ai such places as he shall ai
red, to enable the na'ion, by industry and econo
my, to procure clothing.
that the fault was on our side; but he tear
ed it was. He had heard first verya re
spectable mao, now no mare, who once
lilted the executive chair of Georgia, and
wholisviirg been agent of Indian affairs in
sitting chiefly, he believed, of Kentucky
volunteers, in order to destroy the Mis*
sininaway towns. They proceeded and
performed the dutj, and took some pri*-
soners. And here is evidence of the man-
w. -,««,iau .mans in suiiviw. aim uern is CYllienCe Ol Uie Riail-
thal quarter, had the best opportunity of ner in which they treated them. (Here
«f the ofifin of this war- deliSe.r. Mr.C. restl tlid o>>ni>rwi nr.i..i- a
ahe-subjo^triedi Xcttfetfot tit told mat-
these prophets were impostors, who de
ceived the'Indians. They nere{heir pro-J
phets—the-Indians believed and -venerat
ed them, and it is not lor os to dictate a
religious belief to them. It does not be
long to the holy character of the religion
which we profess, to carry its prccepts,by
force of the bayonet, inte thtS bosoms ol
other people. Mildaitd gentle persuasion
was the great instrument employed by the
meek founder of our religion. \Ve leave
tn the humane and benevolent efforts of
thereverso'l professors of Christianity to ..... ... ,
convert from barbarism those unhappy na- Jackson, anil which would be shared by right to practise, under color ot retail*
tions yet immersed ia its gloom. But, sir. those who subsequently ratified and sane- tion, enormities on the Indians. I will
spare them their prophets! Spare their tinned that treaty. But if there were advance, in support ofthis position, ss ap-
dclusinns! Spare their prejudices and su- even* doubt as to the origin ef the war, plicable to the origin of all Jaw, the principle
—' -■ *i-a au-i—— ■ — * * - L - 1 •’ that whatever has been tf.e custom, from
judgeing of the origin of this war, deliber
ately pronounced it as his Opinion, that
the ’Indians were not in fault. Mr. C
said that he was far from attributing to
pemtition*! Spare them even their religion.
such as it is! from open and crurlViolence. ana
When, sir, was that treaty concluded?
On the very day, after the protocol wa*
*<gncrl, of the first conference between the in
American and British commissioners, treat- 1
ingof peace, at Ghent. In the coarse of that
negneiatinn, pretensions so enormous were
set up, by the other psrty, that, when they
were promulgated in this country, there
was one general burst of inrl'ignation
throughout the continent. Taction itself
was silenced, anti ti e firm and unanimous
determination of all parties was, to fi^ht
until the last man fell in the ditch r,idler
tiian submit to such ignoinenious terms—
What a contrast is exhibited between the
cotemporaneous scenes of Ghent and of
Fort Jackson: What, a powerful voucher
would the British commissioners have been
famished with, if they could hive got hold
of that treaty! The Ignited States demand.
the United States demand, is repeated
five or six times. And what did the pre
amble itself disclose? That two thirds of
tne Cre' k nation had been hostile, and one
third only friendly to us. Now, he had
heard (he could not vouch for the truth of
the statement) tliat not one hostile chief
signed the treaty. He had also heard that
perhaps one or two of them had. If the
treaty really were made by a minority of
the nation, it was not obligatory upon the
whole, nation. It was void, considered in
the light of a national compact. And, if
void, the Indians were entitlrd to the be
nefit of the provision of the ninth article of
the treaty of Ghent, by which we bound
nusselves to make peace with any tribes
with whom we might be at war, on the ra
tification of the treaty, and to restore t<
them their lands ssthey held them in 1811
Mr. C. said he did not know hotv the lion
nrahleaenate, that body for which he held
so high a respect, could have given their
sanction to the treaty of Fort Jackson, so
utterly irreconcilable as it is with those
noble principles of generosity and magna
nimity which he hoped to see his country
always exhibit, anti particularly towards
the miserable remnant of the aborigines.
It would have comported better with those
princip'cs, to have imitated the benevolent
policy of the founder of Pennsylvania, and
to have given to the Creeks, conquered as
they were, even if they hail made an un
just war upon us, the trifling consideration,
to thpin an adequate compensation, which
ie paid for their lands. That treaty, Mr.
C. said, he feared,had been the main cause
ol the recent war. And it it had been, it
only added another melancholy proof to
those with which history already abounds
that hard and unconscionable "terms, ex
torted by the power of t^e sword and tin
eight of conquest, served but to whet and
stimulate revenge, and to give to old hos
iilities, smothered, not extinguished, b'
the pretended peace, greater exasperatin'',
and more terocity. A truce thus patched
up with an unfortunate prople, without
the meaqs of existence, without bread, is
no real peace. The instant there is the
slightest prospect of relief, from such liarsl
ami secere conditions, the conquererV par
ty will fly to arms, and spend the lasulroj
of blood rather than live in such degraded
bondage. Even if you again reduce him
to submission, the expenses incurred bv
this second war, to say nothing of the hu
mail lives that are sacrificed, will be great
er than what it would have cost you to have
granted him liberal conditions in the fir-
instance. This treaty, lie repeated it
was, he apprehended, the cause of the war.
It led to those excesses on our southern
Borders which began it. Who first com
icnced them, it was perhaps difficult t<
ascertain. There was, however, a paper
on this subject, communicated at the last
session, by the president, that told, in Ian
guage so pathetic and feeling, an artless
tale—a paper that carried such internal
evidence, at least, of the belief of the
authois of it that they were writing the
truth, that he would ask the- favor of
the committee to allow him to read
1 should be very unwilling, Mr.
■The following is the letter from ten of the
Seminole towns, that Mr. G. read:
To the commiinihr.g 'jjizer at Fort Ha-vkint.
Dear .':r—Since the last war, after you sent word
that wc most quit the war, we, tiie Red people,
have come over on this side. The white people
have c.irrteJ ail Ihe , rd p- p e’j cattle off. After
the war. I sent to all my people to let wmte peo
ple alone, and stay on this side of the river; and
•‘■ ■y did so: hut the white people Util continue to
oJjTL.etrca.ile. 1 la:card’s sun was here, and
1 mqu-.ed cf him w-lut was to be none—and he
said wemustgoto die head man uf the white pro*
pie, and z- «p/ar/i 1 did so, and there was no
tvhtte nead man, and there wa* na tuw in thi* cate.
t he whites firs! begun, sad there is nothing said
ar Jr* 1, ° Ut e° m plsint made ah-.ut to hat
tne Indiant do Thi* is now three years since he
whiM people killed three Indians; since that they
have killed tkr-.s other Initian*, and taken their
uo!**! 5 ’ *' 1 ’* *nd rhis summer they
killed three more.- and very lately they killed one
mere. We sent word to the white pe pie that
these murders were done, and the answer was, that
they were people that were out.lauo, and we ought
to go sod kilt them. The white people killed our
pepole firs:; the ldians, then took satiALction
There are yet 'tree men that the red people have
never taken satisfaction for. You have wrote ibat
tr.ere were houses burnt; hut we know of no such
things be-ng done; lh.- truth in such cases ought
lo be told, but this appears otherwise. On that
.■wile of the river the white people have killed five
Indians, but ihere is nothing said about that* and
all that thr Indians hive done is brought up. All . S
the mitchief the sshite people have done, ought to be ble
done, you write to us; but never write to your
head man what the white people do. When the
...... doubt as to the origin of the war,
whether we were censurable or the Indi- mat vnatever nu ueen ne custom, from
ana, that doubt would serve to increase the commencement ofm subject, whatever
our regret at any distressing incidents has been the uniform usage co-eval an£
which may have occurred, and to mitigate, co-existent with the subject to which it re*
-- some degree, the crimes which we im ' ‘ • ~
pute to the other side. He knew, he
said, tbat, when general Jackson was
summoned to the field, it wxs too late to
hesitate—the fatal blow had been struck
in the destruction of Fowl Town, and the
dreadful massacre of lieutenant Scott and
his detachment; and the only duty which
remained to him was to terminate this
uuhsppy contest.
The first circumstance which in the
course ol his performing that duty, fixed
our attention, had, Mr. C. said, filled him
with regret. It was the execution of the
Indian chiefs. How, he asked, did they
come into our possession? Was it in th<-
course of fair, and open, ar.d honorable
war? No; but by means of deception—
by hoisting foreign colors on the staff*from
which the stars and stripes should alone
have floated. Tims erfsnared the Indians
were taken on shore, and without eere-
monv, and without delay, were hung.—
Hang au Indian! We, sir, who are civil
ized, and can comprehend and feel the
effect ot moral causes and considerations,
attach ignominy to tliat mode of death —
And the. gallant, and refined, and high-
minded man, seeks by all possi.de means
to avoid it. But, what cares an Indian
whether you hang ok shoot hint? The mo
ment he is captured; he is considereit hv
his tribe as dis graced; if not lost. They,
too, are indifferent about the manner in
which he is despatched. But, Mr. C. said
he regarded the occurrence with grief for
other and higher considerations. It was
the first instance that he knew of, in the
annals ol our country, in which retaliation
by executing Indian captives, had ever
been deliberately practised. There may
nave bacn exceptions, but if there were,
they met with contemporaneous condem
nation, and have been reprehended by the
ju*t pen of impartial history. The gen-
'leinan from Massachusetts may tell me,
if he pleases, what lie pleases about the
tomahawk and scalping knife—about In
dian enormities, and foreign miscreants
and incendiaries. I, too, hate them;
from tny very soul I abominate them.—
Hut I love my country, and its constitu
tion; I love liberty and safety, and fear
military despotism more eveu than hate
these monsters. The gentleman, in the
course of bis remarks, aliudcd to the state
from which I have the honor to come.—
Little, sir, does he know of the high and
magnanimous sentiments ot the people ol
that state, if he supposes they will ap
prove of the transaction to wfiich he refer
red. Brave and generous, humanity and
clemency towards a fallen foe constitute
one of their noblest characteristics.—
Amidst all the struggles for tnat fair land
Between the natives and the present in
habitants, Mr. C. said he defied the gen
tleman to point out one instance in which
a Kentuckian had stained his hand by
—nothing but his high sense of the dis
tinguished services anti exalted merits ol
general Jarkson prevented his using a
diff rent term—the execution of an un
armed and prostrate Captive. Yes, said
Mr. C- there was one solitary exception,
in which a man, enraged at beholding an
Indian prisoner, who had been celebrated
lor lus enormities, and who had destroyed
Some ol hi$ kindred, plunged his sword
into his bosom. The wicked deed was
considered as an abominable nutrag-
when it occurred, and the name of thi
man has been hintleddown to the execra
tion of posterity. I deny’your right thus
to retaliate on the aboriginal propiietor-
ol the country; and, unless [ am utterly
deceived r "it may be shewn that it does not
exi-.t. But before I attempt this, said Mi
C. allow me to make the gentleman from
Massachusetts a little better acquainted
with those people, to whose feeling and
sympathies he has appealed through their
representative. During the late war
with Great Britain, colonel Campbell
under the command of my hnnorabf c
friend from Ohio, (general Harrison) wa f
rahitepeople inkjnm ti*. Our voung men went
and brought them back, with the same marks and
brands. Trier- were some nf o-ir young men out
hunting, and they were k lied: others went to
take --ali-fiCtion, and the keule of one of the men
tliat was killed wa; found in the house where the
woman and two chilJren were killed: and they
supposed it had been herhu.-band who had killed
the Indians, and to: k their satisfaction there.—
We are accused i f kjiinir up Americans, and
-niiimej in liaise people nave aonc, ought to be —" ' —™ —i *“* way. tair wm suiiow toe example ot m* ecvermrient, and
told to their head men. When there ia any thing "• “* | I uere are ;en towns have read this let- the sword cf the one will not be raise:; .gainst
done, you wnte to us-, but never write to von- ler ! * n “ tnu u . 1C answer. th: Allen and the helmess. nor the ih*
A true copy froa the original.
Wsjf Bzu, aid-de camp.
Mr. 0. read the general order* issued oa
the return of the detachment.-*) I hope,
sir, the honorable gentleman will be now
able better to appreciate the character
ffffiu mill lit- was Hum atuiuuun^ U> auit utuci mi ufiprcciBU! me cnir&CKr
general Jackson any other than the verv end conduct of my gallant countrymen
slight degree of blame which attached tu than he anpears hitherto to have don*,
him as the negociator of the treaty of Fort But, sir, I have said that ynu hive na
.Titrkimi. And which would hf» iIuhpH hr ri^ht to nrartis*. under #d mtalid.
d people tend talks, or write, they always send
'he 'ruth. You hare sent to us for your horses,
and we s?nd all that we could find; but there were
some dead It appears that all the mischief is
laid on this town; but ah the mischief that has ‘spcuuuu, *vas ennuemney 3jr Doth rea*
be-?n done by this town i*two horses; one of them son and the principles upon which alone.
ir-v» 4 rV 4** «* *•
- "--i-' **-- branch of the subject much more might be
lates, becomes its fixed law. Such wa.
the foundation of all common law; and
such, lie believed, was the principle fnuc-'
<iation of hll public or internaiinnal lam*
If, then, it could be shA*n that from thfc
first settlement of the colonies, on tM»
part of the American continent, to the
present time, we have constantly abstain',
ed from retaliating upon the Indians the
excesses practised by them towards us, we
were mora lly bovnd by this invariable
usage; and could not lawfully change it
without the most cogent reasons. So far
as hit knowledge extended, he said, that,
from the first settlement at Plymouth or
at Jamestown, it had not been our prac
tice to destroy Indian captives, comba
tants or noncombatants. He knew of but
one deviation from the code which regu
lated tke warfare between rividzed com
munities, and that was the destruction of
Indian towns, which was supposed to be
authorised upon the ground that we couid
not bring the war to a termination but
by destroying the means which nourished
it. With this single exception, the other
principles of the laws of civilised nation*
are extended to them, and are tbu» madu
law in regard to them. When did thif
humane custom, by which, in considera
tion of their ignorance, and of our enlight
ened Condition, the rigours of war were
mitigated, begin? At a time when tv,
were weak, and they were comparatively
strong—when they were the lords of the
soil, and we were seeking, from the vice*,
from the con upttong, from the religious
intolerance, and from the oppressions
of Europe, to gam an asylum among them.
Aud, when is it proposed to change this
custom,to su!i*titute for it the bloody max
ims of barbarous ages, and to interpolate
the Indian public law with revolting cru
elties? At a time when the situation of
thr two parties is totally changed—whed
we are powerful and they arc weak—at
.. time when, to use a figure drawn from
their own sublime eloquence, the poor
children of the forest have been driven by
the great tvave which has flowed in from
the Atlantic ocean to almost the base of
the Rocky Mountains, and, overwhelming
therein its terrible progress, has left n§
other remains of hundreds of tribes, tiots;
extinct, than those which indicate the re-
mote existence of their former companions;
the Mammoth of the new world! Yes,
sir, it is at this suspicious period of our
country, when we hold a proud and lofty
station, among the first nations of the
world, that we are called upon to sanction
a departure from the established laws and
Mage, which have regulated our Indian
hostilities. And does the honorable gen
tleman from Massachusetts expect, in this
august body, this enlightened assembly
of christain* and Americans, by glowing
appeals to our passions, to make us forget
our principles, uurreligious,nur clemency,
and our humanity?
Why was it, Mr. C. asked 1 ' that we had
not practised towards the Indian tribes
tbe right of retaliation, now for the first
time asserted in regard to them? It was
because it is a principle, proclaimed by
reason, and enforced by every respectable
writer on the law uf nations, that retalia
tion is only justifiable as calculated to jor,,-
duce effect in the war. Vengeance was
i new motive for resorting to it. If retal
iation will produce no effect on th* ene
my, we arc bound tn abstain from it, by
every consideration of humanity and of
justice. Will it, then, produce "effect on
die Indian tribes? No; they care not a-
boat tiie execution of those o; their warri
ors who are taken captive. They are con-
.idered as disgraced by the very circum
stance of their captivity, and it is often
mercy to the unhappy captive, to deprive
I im ol 4* existence. The poet evinced a
profound knowledge of the Indian charac
ter, when he put into the mouth of the son
of a distinguished chief, about to be led
to the stake and tortured by iiis victorious
enemy, the words—
Deign ye tormentors! your threats zre in v»io:
The son of A.knomok will never complain.
Retaliation of Indian excesses, not pro
ducing then any effect in preventing their
repetition, was condemned by both rea-
said; but, as he should possibly again al
lude to it, he would pass from it, for the
present, to another topic.
It was not necessary, Mr. C. said, for
the purpose of his argument in regard to
'The following is the extract which Mr. C. read.
.1C <;.WKU ■■* *u imc up .americans. ana ;o “Rut the character ofthis mllant detachment
on; but-ince the word was sent to us that peace exhibiting, as it did, perseverance, fortitude and
w,s made, we stay steady at home and meddle with bravery, wo - d, however, be ir.coraolete. if. in the
no per ton You have sent to us respecting the -nidot of rtciory, they had forgotten ‘she ferlintt of
black people on the Suwany nrer; we have notlr- humanity. It is with the sincerest pleasure that
ing t;.-do with them —They were put '.here by the the General has heard, that the molt punctual obe-
Bngush. and to them you ought to apply for any dience was ;aidto hisnrden, in no; only tav.n*
thing about them. \Ye do no’ wish uur country all the womtn and children, but in tpwnng all the
desolated by an army passing through it. for the warriors who ceased to re*iot; and that, even when
concern of other people The Indians have slaves vigorously attacked by tiie enemy, the claim* of
there also; a great many of them. Wliea we mercy prevailed over every sense of'heir own dan-
nave an o, portun’ty we shall apply to the English ger, and this heroic band respected thr Area of
for toem; but we cannot get them now their prisoner*. Let an account uf murdered in-
1 hu is what we have to say at present. nocer.ce be opened in the records uf heaven a-
sir, 1 conclude by subscribing myself your hum- gainst our enemies alone! The American -other
e^servzju,^xc^ _Septemoer^^Utc 11th day,. 1817 will follow the example of hi* gcvermneHt, and
the f.llen amt the helpless, nor the goi! ut the
other be paid for the fealps of * zaaz.se a ejis-
my.'*