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H — e *—=* f Orff in>i: f IHttiMf CfrlrwH>^14r»»ty rtnrtf ftj9we*hm«frmry qrtrUtwwtiyj-srMia'I bnnte th- helmet^'lbe
SAVANNAH ft BPtJiJLIG AN I«■• obstinsey or mj nature. witl Dot per-1 of the goverpmentthis hcas*atnong Ihem.j front of kittle infighting it* cause; who-e
Jlmit me to surrender my opinion to any in , ' * ! * *■' *<.—»>—
| dividual nvhatew*.
*/itiviarctr Sesii,'
omr M>m».
f in-1 (by the appropriation tnearr/it into effect)] every object *» the gnottnf hi* country—
I and it was too l.vtepowtndisturl' it- *J rod who enjoyed’the affection of the' coon-
Rnl« I Rnt in thn i tiili-tn Irib 'i. in I f rr in a ilwwena nnt Im ieL**n '(anm liim
•iui nm, gnw»-n«rr»T t we, ru «n,|
■TJTJtl* ■/» 40**»t*. .
5jyxtl jrnr* u-irs nv mitnunm uritu
»nt nim-nn »iorj ar nm. onr
He argued, that though,after destroyi
Mickis'Jk V si.d burn»R^ tha SuwanoT
towns, general Jackson -thought that the
war w v» at an end, he wa* afterwards con-
inced hetiad been mistaken; and so much
ft had been denied, 'thft any example I But, in regard ti the indian trib-s, an I try in a degree nnt to be taken from him
eodld be pmdtleed of military execution, | extraordinary doerne had been advanc-.J »ot by trramn or the 'imputation of im-
atthe Btt dftltt commanding general, in I ed—that they are s> be considered in ev-j proper motives. Do »e hot, said Mr. J.
rurr country. -Mr. J. said he would give I ry reapest, in negotiating with them.at m J Ht: »nd in need of uiilitaty feme? Do we
an inetanee, in which two-individuals vrre | dependent nations What, then. Mr. J. J out want it to secure u« resp.et in Europe?
K t -tn -death by general Wasningtnn- j asked, should we say of the treaty of I D> we not want it at home?
ieg giren up by the rertrited-state line j GreeneritU, deprving these tribes with j Mr. J. then proceeded to loach upon the
:1>KDJTE on THE SEJHAOLE IVJtll | of Pennsylvania, as emissaries., sent by j whom it was madeof all the superior right* | opinion of his ' hnnorahle friend and cpl-
eswrrreio. I general Carlton, these men were instantl* j of sovereignty? f'hat was to become of I [cage—f ir whom he felt not onlv friend-
BOISE01 REPUESEIfTATITM. j execute*. -’For this fact, Mr. J. referred the deo'aretiune ol our corodusaioners ut iship. but afT ction—that these incendia-
January!5. I gentlemen to the Annua) Register, which J Ghent, were the British government de-j ries were put todcath without necessity.
."Mr. Johnson, of Kenttckv, rose imme. l Q ow lay before him. I maoded as a sine eui non, that we should “ *
diatrlv after Mr. Ciay He Wt himself I Jt had been stated,*th»t the crimes for] not only xcknowltdge the mdepeidrnte
ealled on, having beta a member of the! which these men were executed, were of-j.,f the Indians, hat should establish cer-
-comiittee which had > id thia sebjeet unj'f-r.c'inet recognized by the laws of the] tain boundaries widiio which the lantHbc*
der consideration, and at doe of the mi-ignited States. Mr. J. denied thefict, and I longing to tk* Isdisns should never be
nurity on the report made by it, to express!! id doingjso meant offence to no one. These] sold tu a.4 With what indignation had so that he (uul found it necessary after
hii views of the questions involved inthej] miscreants, who had imbrued their hands] that proposition been met! Tie Indians, j wards to go to Pensacola, and to leave two
report, and in the prnptsttiona owned by! , n the blood of our countrymen—the insti-] Nfr. J. »anl, were in fact mere tenants at J companies to scour the country around it,
*w*y of amendment loit. W,’iih'*t farther I gators df (lie mordera, the traits of which] sulferaocr: nut diet he would treat them ] who were now fighting gallantly against
preface, he proceeded to-ctah: that the con-1'vere three hundred scalps in one place, with harshness—for ho never would.— the savages. who would h*»e deluged the
•duet of gen. jAcksca.no regard to the trial! ., 6 d £ftyin another, although, according to ] I’hat the principle that we have a right to | country in blood but for these,measures
and execution of Arbcthnot and Ambris-l the documents read by the speaker, it] occupy the country, independently sf the | It was kind, if not just, tcgeneril Jackson,
rter.hei! tern the subject of censure, from I would appear that the Indians ware three | qualified right ef the Indian!,, was recog- j to take the reason* which he himself a*-
•e miteonentien cf tW'swend of thetactsl murders in arrear of us—these individuals] uized, not only by the treaty of Greenville, (signed as the ground of his measures. He
c jnncrtrd with >tt; -acd. particularly, by (had been condemned and executed in con-] but by the treaty with Spaiu herself, who, | stood before this house not only as a great
eua.nunrftiig tv/r. prineip!** of the law* of I formity to the letter, il not to the spirit, of] in treaty of 1795, stipulated to keep the captain, but as a man of eottnd senes and
'3*tiotlvwhic« were in themselves tepr-1 law* of the United States. According] Indians within her boundaries from di»- j discretion. Gentlemen hid ■said the war
gate sr.d ijiarinct. ' The .general order d<-r ro our rules and articles of war, whoever] turbing our frontier*- And yet, after all | wa« at an end. Iiuthownianyoftheeng-
Tectrtg foe raeeutm* «.f these men aner-1 should relieve the enemy with money, vie-1 this, it was contended, that we had been | my had been killcil? Look to the fact, in
'ted, f <*t the t tf any in' vi, making I tuult, or ammunition, er should kriowing/jJ fighting with a sovereign and an indepen - ] relation to the power of the enemy, lhey
war upon a nation at peace with that to | barbooor protect them, or hold correspon-T dent power. | yt*t existed, v-hen the sentence of death
which he brlongr, i* an outlaw and a pi-j.lence with the enemy, were subjeotod to-] A* to thojwar, -the 'constitutionality of j was carried into effect against Arbuthnot
.fit*) *»!•» Mr. J. sale, Itwae correctly as-.| <|en«h. So far tho rule as to our army, | which had been doubted, Air. J. said, the | and Ambrister, in aforce of greater amount
serted. And the vary same page of Vat-1 which, by subsequent articles, was made] president nf the United States was not on-] than that which general Jaolcson had with
,t.el o i which gentl« a.en »e!,ed lor the sup-1 s0 broad as to apply to the whole human | ly authnrixe'l, but it was.his bounden du-Jhim. Look at the communication of Ar-
iport of their doctrine, w-iuld bear him out | family. But, if there was, in this point.] ty, to make war on the Seminole -Indians- [ buthnot, stating their force to be 3,S0Q
:io that for which Ire contented, end with j rfeffrr’ 0 f power, here cam* in the law ] Admit, for the saks-of argument, that, be- Hnen: tuppose these instigators df the war
which gentlemen hud confounded one en. 1 jf national >supply the deficiency; lor that | yonii >ur boundary, they were to be con* {had been suffered to remain ami go at
■tireJy different, i hat, where .persons ] which subjects to death one of ocr own ci-j .nlered as • xercisihg a sovereign and | large—suppose the heuign influence of
havajuined tlie aTandaid of c belligerent,-] tizens, shall much more subject to death the | independent authority. What would] mercy, in the breast of thia honorable and
they-may claKTtithc character and pnv.'lr- j foreign incendiary. Eiamp’es.in illostra- ] gentlemen gain by that admission? If n ] respectable court martial, had -weiglted rather,said Mr. J. that these men were
gea.ol the bell* -emit, party, was a princi- j t j„ n of this doctrine, were plentifully scat j were true, had we sot a right to trace them | down the scale of justice, and these nten, living and-the country deluged in blood or
.jUemf public J.W, * ; -s no, to be denird;!] eercil on the page of history. What wa-] to their strong holds, even in a neutraijhad Deen discharged, what would nave
-but»f so iti/vidual take* upon bitncelf to'l thefset, said he, as to the trial of the dis j country? On that point, the expositors | been the situation of the frontier of Geor-
create ami'cairy on a war, without author-1 tinguished officer who was adjutant genei-J of ih* laws of nations were not silent. ] gia? Would it not hav«- been the same as
icy from <rsy government, it v.au a prioei-1 t | o( the British forces, during the revolu
.pic equally uridvrhuble, that he is an out-1 tionf He was -convicted on hit own eon
• • *• v ■ m y , | uuot sac ivviifibvuu viv isvw ■ »»v «• (vsi < btiii^ vuvituv>' • i
Up and » nut Xhul fie is either by ft court composed of sit major! country, th-i government of that cuttotr^j
iceh^icttllToiat that, iri..iict and by analo- j etn ecalt and eight brigadier generals.— j either from pat tialUv to him, or horn ina-1
* c rrgororG. It lean estab-1 General Jackson, Mr. J. said, wascnly fol-| tnlity to pr.-vi.-ot if, shall not stop the pro-]
It was there laid down, that you may pur-] during the British wai? These ignorant
| sue a retreating enemy iuto a neutral | savages were deluded by their abetlorsin-
I to a belief that they were competent to
I cope with the forces of the United S'atcs.
^. . r . .. , j — m J " e- — — , r ._ J Of the twelve chiefs whoaigoed tlmpower
..isllrd princq le o. public .aw. Chert the h ow ing in the steps of those who had gone j grets of the ■retreating army. I of attorney to Arbuthnot, though two had
ptewiji anymessel, engaging in war with- ] before. He was not here, he said, abnutj Now, as to another point, which, purl been hung, there yet remained 10, ami
:mt the authority ot any commission, may ] to maintain that general Jackson was fault-] haps, cojjsidar inett as too delicate, the 13,000 men who formed their'Command, to
he treated as pirates, and put to the sword, j Jets—if he had Dot faults, he would not be] military committee had not thought pro-1 make battle against our fusees under the
If,im the land, the dike course be pursued,,] human—bat he stood here to maintain hi* | per to approach. Mr-J. said he should {instigation d(:tne miscreant* who h'.d be-
ih* mhois guilty of it is an outlaw and a > i|*v»tion to his country) and that, in th" | be deterred 1>y no such motive, Irora exa- | tore stimulat’d them to *varagainstus,an<l
diawlit, and may be put to the sword. This j course he had pursued m the trial and ese-j miningthe queatiun of the power' uf the J tot heir own ultimate ram. Mr.J.waspro-
Va.» eim.princiflie of public law, and that | ca tion of Aibdthnot and Ambrister,he had 1 ] president to prosecute this indian war, j ceeding to siiew that these men deserved
•which geiitlemer, badI tribtaphantly mer l on iy -trodden in the footsteps of the im-isnd from censuring him, if, in doing sn, he j the name of miscreants, when, on sugges-.
’flew? (and which mobody denied,) was aj mortal Washington- | usurped power, or exceeded his duty.] tion if a gentleman near him, he gave way
■wholly different er* ; both not only clearly I As to the -execution of the two Indian j As e.srly as the year 1, T 87, the congress ] for a moment—
-supported by the unthnrity of Vattel, but ] warriors, by the exercise of a summary ju- { hail authoriz' d the stationing of troops on | And the committee rose.
^ioKhe same page af that reapvoted and I risdictori ever them, and the distinction jv.he frotier, to protect it from the Indians, | Thursday, January SI.
.Mceflcnit writer. Lnade between their ease and that of the | and the calling out uf the-militia for the [ The commitfee having again taken up
.•ur. saiu he would venture to eay.l white men, the reason was obvious to] same purpose. And this power had been | the subject of the Seminole war—
. dhat every ground taken by that man whose 1 eTery man w j, 0 had ears and would | acted on from year to year, until the law | Mr. Johnson resumed the speech which
-rahmr ^oil conduct on the memorable I heart or who had eyes and woul.l | „f 1795 sfftile'd the point conclusively, ] was interrupted by yesterday's adjourn-
•eighthofJanuayy.an the darkest period oil jee> relation to the Indian chiefs.] that, without a declaration of war by con-] men ). He congratulated liimself. he said.
th' 1 late war, had caused joy to beam froml t h e i r co | or WM sufficient evidence of] grees, the president had the right to make ] that the differen-e of opinion en this ucca-
•ver* face, would be Iwaita tenable on I their subjection to his right of disposing] warupon thesavegcijor, in the w.irdsof the] sion was not afactious difference. Whe
principles which have prevailed from the l 0 f t h era asj.jgtiee required. The law oil law,^on the Indian tribes. Letus, said Mr. J.1 he glanced at the characters of those who
commencement ot civilization to the pre-1 nations clothed him with the power to put I Jook »t our own mowers—end how have] had already spok.-u on opimsite of the ques-
seat day. Ha pledged Inmielt to produce I an en ,j t(> their existance- As to the stra-1 we discharged them—iitetead of attempt- tion, he saw with ple asure that this was
chapter and vers* to support his couduct | t a gcm,<if which the gentleman had com-j jog t.» divest other branches of the govern- ] no mere party squabble. He took this oj>-
•Inovcry incident ottlmt war, He-coosiU-1 p | a i n ed, noone wa<sie»s disposed tbunhim-f meat ol their powers. What was our du-1 portumty to disclaim, ih the most direct
•need the eascntiajunteresta «» justice and K 0 |f i 00 k with a favorable eye on suchbj? To provide for calling out the stilitia and positive manner, any intention to
at mercy to have oaen tarvea 10 the-exeeu-1 stratagems as were contrary to morality — j _j 0 r what? To execute the laws, to sup- ] wound the teelings of any of his valued
* a 1. i r Wh “*r “’l But there WM nc * mmorallt I r *" hating] pres* insurrection, and to repel invasion, j friends who were opposed to him on thi*
i.atu'l the Indians CooatjMftttes on our Iron-1 the flag of a foreign power, nor in ciptur-J Jt was on that principle that the power | question; and though the interest and wel-
1 r '?ri tr,| i i ""' u ry oeco P*-1 ing the person of your enemy when he un- { was granted to the executive of this coun-1 fare of the community required a free and
*•'2"^. • ""i! k I - J r ?" Wf * s J u, ‘-1 warily puts hiuaself in your power. Nor,] tr y to chastise the ruthless savages for in-] unreserved d.scussion, he declared he
!5 0n . e , h ,S 01 n ‘ , ‘ ,ooa ' i J* w ’ | in what had been done in relation tc these | dividual muiders, or tor murders commit- {should feel the same warmth of friendship
and of savreej dety to ni* country. W hen | Indians, was there any violation of huraani- ted with their combined force. Has the to-dav towards gentlemen, as friends and
f sntleiaeti undertook to say, that general | t y or 0 f p U b|ic law. Do they meet us in [ president, then,said Mr. J. violated his au-1 politicians, which he -did before the coni-
sckt.on lud not the right ot retaliation. I itonorable combat? said Mr. J. In the] thorite? certainly not. And ifyou take from I inencemcnt of -this debate.
2et them iVnoliect the case of proposed re. j cageo f the unfortunate Mrs. Garret, did j himthisauthonty.whichh'hassorightfully He had already stated, he said, that
ta'iittmn, during the revolutionary wer, for I t | )e y meet us in honorable conflict there? | exercised, what i* to become of our citizens | n-eneral Jackson displayed more knowledge
the barbarmis murder ot capt. Ifuddie—j When they burnt the seaman alive, whom on the frontiei? The heart .if our country ]f n the wilds of Murida, on this subject,
An ?j n i.*i ia P n ‘ oner * •‘■"“rpow-hhy had previously tarred and feathered, m i g ht be penetrated, and the savages be- than any member Who had taken part in
er out the lot tallr Isot on t miserable in-1 (lid they meet us in open combat? Was] siereourvery doers, whilst w'e are making (this discussion; and that gentlemen had
temper, iut on capt. A*gill, an amiable | the war one in which Greek met Greek, or j | or .g speeches abiiot the policy and liuma I blended two principles ia Uie laws nf na-'
»nd accomplished ottlccr. h at then l.,o American met the citizen cr subject of J n i,y ot repressing their ho*flili-s. H^'l] turns together, the distinction between
•nd the uangress or t.ieUniteq states 1 any civilized nation? If it were, the course | suc h been the case in the recent instance,] which general Jackson had seen and ob- J
that venerable am! enlightened body which j 0 f general Jackson, so far Iron receding either from a defect in the law, or in the Lerved. Theonewas the case of volun--
earntcus through the revoiutomary con-1 approbation, would deserve exucratien.— execution ufthe law, the people would jteers entering a foreign service, for the
■fl'Ctr What did they sayr VVhy, sir,not ] |) ut? considering the treacherous enemy have said, our government is a rope nf] purpose of improving tlie ■ selves in the
*°IJ that the comneanuer m.chiel, but that I he ^ad to cope with, and the object of his j sand and the blood and treasure spent in j use of arms aod the knowledge of the art
every .affinor on aeperatei command, pmn | measures, which was to give security to] j t « establishment ha« been lavished in vaiu. | of war—which case is thus stated in Vat-,
Dossed the'right el retaliation, aim tha| J ,|,e frontier, and to save the wasteful ex-1 According to th* first word of military ltd. p. 40 f, sec. 230: “Tne noble view of!
tUtywmid hiinin toe exercise ot I penditure of the blood, and even of the J command, a littie varied, it is <nade the I gaining instruction in the art of w*f; and
j**- It was rciwseil, j t rei6Ure 0 f the nation; when I think on j duty of the executive to take care that) thus acquiring a greater degree of .ability
for reasons mfto.icya »utt ie right ot retal-1 this, said Mr. J. I do not censure general] the laws of the union are executed, ami I to render useful services to ther country,
litior. »’*• fully su*taKied. j Jack*on, but, as before my God, I give him ] that invasion is repelled; and for this pur-1 has introduoed the custom uf serving as
Fouraisr.th*, ftlrj. said, alter we first | my thanks. But for h>s energy, what would! pose he may use the regular or militia | volunteers even in foreign armies; ami the
tnoon wja spilt in tha revolution, at thel have been the consequence? Thefiontierj j,. rc e of the country. Would it not bcjpractice is undoubtedly justified by the
betCle of |,<!Kingt«!i, two montrs hfter .„f Georgia would have been deluged with ] an invasion, to have vuHielpless women, j sublimity of the motive. At present, vo-
■tfee ttnmacjble btttlo ol Bunker Hill. I olood, as itlua been once before, and the] an( j the infant descendants of tbpse wh.sjlunteers, when taken by the enemy, are
which lb ltd suchalustrcuponucrarin*. end I gentleman from Gergia ^Mr. Cobb) j hrve fosght utir battles,, butchered by the | treated as if they belonged to the army-in
.•nearly a vear before the declaration of it)-j would again hare called upon us, with a] indiscriminate tomahawk and scalping | which they fignt. Nothing can be more
■dependence, this question of the right j voice 01 patriotism and a voice of thunder,] knife? And would it net be a violation ] reasonable: they, in fact, join that army,
of retaliation was solemnly discussed | tup, to pay the gall ^Georgians for going] nf the lawsrrf the country, to permit the | and unite witli it in supporting tlie same
and settled in the correspondence be- j ag.ijn»tthe Sewiiildes. 1 hands of the Indian to be embrued in the {cause; and it makes little difference iu the
<wcen generals \S ashmgton and Gage; W rth regard to the treaty ef Fort Jack-1 blcixl of our citizeo^? lease whether they do this ia compliance
in which the former had broadly asserted J \| r< j, ^\d y be should enter into no j It had been represented, in palliation } with any obligation, or at the spontaneous
[Hy ^ retaliation; anu ueefared that! argument, but he diflfered exceeding- j oflndian hostilify^ awl in derogation from j impulse ot their own free choice. 99 Sueb
'toe should be governed by it. In order to | jy from nil honorable colleague. Have we I the justice of ihe war, that individuals of j was the case of Kosciusko, of Fayette, and
take /rom our commanding general | u«>t a raghtffi sai<f he 9 to dictate terms to a j the whites had stolen cattle belonging to J the other illustrious foreigners who enter*
Tight at the present day, Mr. J. ffttu, J conquered enemy? Was not the war J the Indians. 1^ such were the fact, Mi Jfd our armies during the revolution, who
tleaen had .blended and confounded J H |j ic h was terminated by that treatyr an j J* "said, wa*, it not known that these of* j were volunteers in the beat of causes, bu!
principles of the laws of nations, which lul unprovoked war! Was it not instigated I fenders might be individually puoiahci rl whose rights would not have been lessened
thcmsdveai were entorely djsttnct. wciteLg,]^ ug> an( j without cause on the part! was it not known ib.it the character I hud the cause been that of despotism and
•of ia dividual t in an trm y violating the| 0 |^ r Indians? On whose head should j ol Indian war, unless where the Indian- j r yran. y, irs.ead of that of fieedom and in*
laws of nations, and the Known rules ol J t ], e blood fall, ifyou cannot control the In-1 had in some degree rrteivi J tlie light ol j ilepcmience. Hut this case was Widely
<war, it i» a wear principle that they nay j d lan ( with the bib W-i I wish c>> God you | civilization, was indiscriminate murder? {different flora that ol in terlnpers, exciteis
be punished with death; and it was a priu-1 cou |j t gal j Mr. J. and towards that object I Did not president Washington make war j -if war*, and mrisiri ul the Iminan race,
«iple equally clear, that in contending j j u .,n ,| 0i and have dune as much in my I onthemforelevenyears, from ^S8to 1794. ] >»ho migi.t be hung up. auduught t.i be,
with a savage foe, yon are at liberty to re- j ,p| lt . re a s ary oue. There is at- this ino- «ithuut an express authui ity by law f r | ty military law, as »u many rubb rs and
““ " fment, in the heart *f my country, a school doing so? When the gailaut Scott, of
[for the education of the Indians in the arlsj Kentucky, lea hii Kentucxr brethren a-
of civil life. But when you couie on con-1 gam.t the Indian enemy, iv-u it in con
of one nation against those *f another,,
without authority from th*irsovereign, are
now kvrkeil upon as roljterie., and tn*per
petrator* ar* winded from the rights of 1
lawful enemies.” Page 980. *.Tj, 0SCg
nut aUthori.cd from their sovereign, who
take upon them«*lvea to attack the enemy,
are treated by him aabaaditti ” 'Pag* 984.
‘•Tho*e who, unauthorised by the order of
their sovereign, exercise violence* against
an enemy, and fall into that enemy'tfkanila,
have no' right to expret »he treatment
due to prl-oncrs of war: the enemy is jut-
futile in putting them to death asbsmiittt.*’
The evidence before tie court sufficiently
established Ihe fact* ut which, under the
above passage* of the law of nations.-geti-
eral Jackson was authorised, if Dot bound
to proceed.
Wa* it supposed by gentleman, Mr. J.
asked, that general Jackson wa* so- ign't*'
rautuf the language of his country that
he did not understand the meaning uf the
wotdi “pirate and nudlkv.” An outlaw
the convict certainly tens, as out nt the
protection ot the sovoreigt-tj of Ureitt
Britain onttef any other nation. In rela
tion to the term '-piratt ?” it had other
meanings than its technical one: there
were pirates on land is well as on tho
ocean. We are tot here, said Mr. J.to
enquire whether genera! Jackson used
technical terms, but whether he did sub
stantially and legally right. Whilst we
are searching our law hooks and libraries
‘or our definitions, l hope we shall not
lose tight of the difference between our W
situation and that uf tlie general while in
the field; whilst our heads-repose on daw*
n-y pillows, and we can rise up and lift
down when we please, he had an ohjeet to
accomplish at every hazard, and at every
cost, which he could not have attained if
he had not acted as he did. Would you
taliaie on tnem their own usages. But
.gentlemen had blended these power* and
lights with the right of reprisal; and had
gonfeunded thepbwer of punishment lor
military offences by a court martial* with
Uhc power uf pitting to instant death a
captive—% fight Inherent in the military
power with which we have clothed the
eommtmW, and the exercise of which is a
quest.*.! betwean himself-tfl S* God. tht . eill ,. l0V1 , iec , ^ , uch lu ^ ui wwtM ;ip .
. 1 rejoice, **Kl M- J, that the honorable , iel , e tlie ,V { Kxpetiai.ee had sir,
je-itteman who lw*t a'IJ'es**-.il you, has
-expressed his optuian flat the ittienticu*
■■Os'getsera’. Jacks* t, in nial he has dune,
were good. J raju.ee in it. Mr, fram my tI |„, u ' v W€ had not a right to d.c-
Mjpect fTtbatjpMlrma,,. whose ojhri.u.. uu lo Ulfm lh . te.fm* o peace? We had
i^mnh mean»*wc^ht Uuta that ut any Ui0 atJ ue ^ lteatJ . That
tract with tiierd, when they fluurish their
tomahawk over your head, are you to meet
theta with tne bilrle in your hands, and in
voke their obedience ot that holy religion,
of which the speakertetis u»? t should be
tne last to raise tlie sword against them, if
it woo.hi ue:;arid it became necessary to
uicot and ch tsiise th< m. And would any
man say.tuat, ha*:ngpoi duwu their hus-
sequence of a luruial authority to makt
war. or under an appropriation for Uo
expense, merely, of flit expedition? An-
if we were vol at liber ty tu pursue tu-
course, in wnai oindition would be p ac»ii
the unfortunate s-tller on the frontier o,
Georgia, in Aluuiiua, ac .Mississippi, anu
iu Michigsn?
11 lie was justiled in right an:i th
strictest interpraation of U« m what ue
had«lttue,as .'»r.|. cuutei.iied g-mral J.
was, he could Uul see oi. what pi inciple so
re at a hostility was raised sgaii
urates. In the course parsued ny general
ackson, theu, and ui his doctrine to w hich
ixreptioo has b,-ee taken, hei» even mure
man borne mu hy writers un the laws ol
•jauous. a> MrrJ shewed by the following
■ efcreiice*s Vattel, p. 4b'J, sec. i?.5.—
••Even alter a declaration uf wer betw een
wo nations, if the peasants of them* -Jve-
commit aoy hostilities, the ennuy shows
‘.h, iu no mercy, out liar.gs term upas h«
would s" many rsibhers or baurwtti. Ihe
crews of private Sl ips of war stand in toe.
-am,- predicament: a commission fruef the
swVtrvigDor admiral can Moire, in case
they are captured, ensure diem such treat*
e;it as is given to prisoners uken tu regu -i co.-re>:.o-.dvr.re u i;h. ..r in'.-!hg,i
that tliosemen should have suffered aetjur-
ling to their deSerti^ ThoUe men liaff’*
Li-en Ruiity of that lor which one o! our
own citie<'r,« would have been pot to
death*; anti they were properly as well aa
leg'lly pat fo float*-, iu p Iisuam e of gen
eral Jackson's object, winch was, .-truck'd*
iug to his iu.tru-’t »ns. to pot a sf'eeitf
and effectual end to lio-tdrties so unprov
voked. Three men living, said Mr. J.
the tomahawk and scalping knife, would
have been Sharpened aitowr, and other
emissaries would have derived em nurate-
ment from their impunity. Answer me
this, Mr. Chairman—llail ynu rather jliat
the Mississippi and its various Waters, the
country to the Lake* ami beyond thorn t*
the North Pole should have been jeopar
dized, tiiat New-Orleans dn.eld have pas
sed from your power,'into t ie hands of tht
British during the late wan, or thatmaitiai
law should liavebeen there established for
a she t time? For even th.-t is now brought
into view, which contributed so utneb to
the glot r as well as safety and honor df
the country. If a man did not present
himself in the attitude of luspicino, mar
tial law did not affect him: I presume, sir*
at least I hope, had I been -there:, I should
have had no reason to dislike it. I have
no particular respect for that desire of
locomotion which could not 'bear to 'be
restrained within certain bpunds when the
veterans of Wellington otre to 'be me!
.'•y the raw men of Kentucky and Tennes
see: l do not like that driiclite fastidious
ness of martial law, whet: the enemy an
knocing at tlie gate. All men worthy -of
their country would make the sacrifice re
quired of them on such occasions. If, for
want of proper energy on the part of the
commanding general, New-Orleans had
fallen unto the possession of our enemy,
what would have befallen the inhabitants,
independently nf the sacrifice of property
and life? beauty and booty was -the
watch-word of the enemy. Had yoo ra
ther, Sir, that the enemy had succeeded ill
his object, or that this patriot should have
put military law in force? As to the gen
eral, whose conduct I am proud to vindi
cate, said Mr. J 1 consider him in tlie
grave as to ambition; if he ever had any
—which I never saw in him, except the
ambition to serve hii country. I do not
apeak of him because lie is living, and
that I ever expect to see again those eyes
that never winked at danger when he was
called upon to meet it. He has added
the military glory of his country more,
perhaps, than any other living citizen; and
in the view of all statesmen and all writers
on national law, the glory of a nation con
stitutes one of its greatest bulwarks of
strength.
i now come, said he, to The considera
tion of the right of the president to make
war on the savages; and on that point f
contend, that we have on the statute book
perpetual declaration of war against
them. 1 hope gentlemen will take down
the expression, and attend to rny explana
tion—I say, wi have a pe rmanent and
everlasting declaration of war—and why?
Tne reason is very obvious. I shall not
liffcr from gentlemen at to the policy and
justice of observing the duties of humani
ty towards that unfortunate people. God
forbid that a drop of Indian blood should
he spilt except bn tlie principles of civib$£
ed man. But the President would be
wanting in his duty tohi* country and to
hi* God if he did not use the -strong am
ot power in putting down tlie savages fiv
the force he is authorised to employ, if
they cannot be put down by the precepts
of our holy religion; and raugress, had
they uot passed such a statute, would be
wanting in duty to their country. Du the
indian* ever declare war against their ene
my? Do thuy embooy themselves and en
gage in open conflict with their adverse-
iy. ur«!o they come, like a chief in the
night, and carry death to the u jfortunate
women, to the aged and infirm raeu, and
* Awiclei of verse -TVhoroe.er *all le-
litre tne enemy u*i.h muney, viciitJs. oran^iiu>
tion, or sLxl ki.owrr^H bvb..r, «o* m>;ectaaeo»
ewy, ^k.'l dcaii'i/* fcc.
57 4 *\Vh<xicr d*aH be ct»nr cted of bold*
ot the must distinguished officers ni t .eilsr wartare." Martens, p. 972, b. 8—I *wty ; k*” ^
