Newspaper Page Text
BY tt. <l W. ROBBBTSOK,
»urm«i'eu” of thv laws or Tim union.
u*ii.ir safer, : :
CI1UNTRV FAVER,
EIGHT 1)01.1.Alls.
• five dollars.
A totter from Havre of the 10th of June, (removal of tliefr tribes across the Mississippi
says, “ The Cotton Market is in the most -claiming at the same time the protection of
depressed state { the Euphrates arrived in
the Roads from New-York, and was order
the general government, as the friends of
the whites, against the Big Warrior and
... SAVANMttg
TUE8HA : ? : M^N : in8! JULY 26. 1825.
ed to Liverpool, the consignees having sold Alabama Indians, who fought in the ranks
.183 bales of her cargo at 30 sous, for that of the enemy during the late war On the
markot, and not being able to obtain any same authority l would state, that at tho
price fur the balance. The price of 36 sou. Treaty ground the Cowotaa, Cessna «,
was considered a very good one. From Hilclietas, Soowagalaus, falladogai. New
tho Oth to tho IOth June, not a single balo Yorkers, Sand Towns, Thlecatchkas,
the 12th inst. have insf boon received by there will be no oecasipn for calling into
■ ■ ’ service any part ofthe militia or volunteers
of the state over which you preside.
The certificate of whioli I encloso here
with a copy, marked A. added to tho docla-
of the Chiefs in Council, of whom
had been disposed of."
Tile Court Martial on Commodoro Por
ter, having prohibited the taking of notes
ofthe trial, the National Journal lias given
tho report which wo republish to-day, from
the memory of its reporter, as the only
gleans to gratify the anxiety of tho public.
It is understood that, when the trial of
Commodor Porter, now pending before the
Naval Court Martial, is closed, the Court
will continue its sittings, to embrace the
trials of Captains Stewart and Sinclair,
Commandant Carter, and Lieutenant Hun
ter—on Charges to he then and there pro.
ferred.
Judge Provost, says the Washington Ga-
setts, who had been ordered home as a ma
terial witness in the case of Commodore
Stewart, is, we understand, since dead—
Of the particulars of his death we liavo no
information, but we believe the report to
be correct. It will be recollected that the
Judge has acted a.s the private agent of our
government in Chili and Peru, since a very
early stage ofthe late revolutions, ou the
borders ofthe Pacific,
The Macon Messenger informs us that a
■team-boat has been completed, design
ed for the Ocmulgee River, and will com
mence running as early in the fall as
freight can be procured. She is of size to
i Big Shoal, lofk to themselves in council,
I without the aid of government agents, 'with
Letters from Liverpool ofthe 6th of June, ^ oxc „p t j on 0 f two inconsiderable chiefs,"
received at New-York, by tho packet ship unan ( m ous j n f B vor of a cossion i that
New-York, state that the information of l(w ftien|]| of , treaty W ere « vastly supe-
the high price of cotton in tho United States ^ num t, erB n t0 those oppos-
tended to strengthen the confidence of hold- ^ (o & C(Jg! . ion . t h»t tho moeting at wlich
era, in tho belief that nearly the present ^ t reB ty was dacided on, was much lar-
rates would be maintained ! some few sales ^ than UBUB |. that after every effort to
of cotton worn made at Liverpool on the 1 | )jfeat t |, 0 Commissioners in the fulfilment
of the benevolent objects ot their govern
ment, tho treaty was concluded and signed
improvement of the trade of this part of
our state, warrants this attempt—in the
course of a few years, no doubt more boats
will be necessary.
General Lafayette left New-York finally
cm the 16th instant, accompanied by the
prayers and blessings of the multitude
Previous to his departure he visited the wi
dow of the late D. 0- Tompkins, at Staten
Island. The parting between the venera
ted Lafayette, and his revolutionary col
leagues. Col. Willet, and Generals Fish
and Vant Courtland, and others, f r the last
time, was aeffeting in the extreme. The
tears rolled down the furrowed cheoks of
the old men, and it is said not a dry eye was
teen among tho spectators. He was met on
tho Jersey shore, by Col. Peter Kean,
behalf of the Governor of the state, and
immediately set off on his journey.
Great Heat.—At the north, the weath-
er continues far more oppressive, than in
the south. Numerous persons in New
York. Bosyin, Philadelphia, and Albany,
have died in consequence of drinking cold
water, and many stuge horses have died on
the roads. The thermometer has ranged in
all those places from 80 to 100, in the shade.
In Charleston on Friday, it varied from 91
to 94 degrees.
Among the promotions recently officially
Onnounced. we perceive the following
Fourth Regiment of Artillery.—1st Lieu-
tenaitt John Mu ft roe. to be captain 2d of
March, 1825, vice Morris, deceased.
2d Lieutenant E. R. Alberti, to bo 1st
lieutenant 2d March, 1829. vice Munroe
promoted.
2d Lieutenant W. W. Wells, to be Is*
lieutenant, 11th April, 1829, vice Schmuck*
promoted.
Mr. Rush, late Ambassador to England,
arrived at Philadelphia, on the 19th inst.
where it was contemplated to give him a
public dinner.
The Mount Zion, Geo. Missionary, Btates
that the crops of corn and cotton are gen
erally very promising.
Btf.rhen F.i-Mott, LLD. of Charleston,
has been elected an honorary member of
the Liniran Society of Paris.
A life of Gen. Lafavette has just ap
peared in Philadelphi, from the pen of Ro-
*ert Waln, Jun. the Editor ofthe Biogra
phy of the Signers of Independence, who
die a few days siuce in Providence, R. I.
The trial of Isaac B. Desha for the mur
der of Francis Baker, in Kentucky, has
again been postponed to tho next Harrison
Circuit Court term, not one juryman having
been obtained.
One hundred and ten persons died at N.
York during the week ending 9th met ef
these 18 died of consumption, 6 of drinking
eold water, 5 of dysentary, and 7 of typhus
fever.
A disease exists among the horses at
Georgetown, which strikes them blind and
bills them in a few minutes—a great iu. iy
Jiave died.
Cotton at Augusta, July *3.—Stocks
•bout 2U00 bales, and bijtjcw talas over 20
cents.
4th, at a reduction of about Id. per lb.
Bank Reoulationb.—The Officers ofthe
Fayetteville Branch ofthe Bank ofthe Uni
ted States, we learn, have received instruc
tions from the Parent Bank, to poy out, af
ter the 1st ot September uoxt, notes ofthe
issue of their one Branch, only, but to re
ceive, as heretoforo, in payment of debts,
indiscriminately, the notes of the soverul
Banks of this State.
With a view to meet this regulation, the
North-Carolina Banks have commenced
reducing the amount of their notes in cir
culation.
The Mobile Register anticipates from
present appearances, that the growth of
cotton of this year in Alabama, will consid
erably exceed the last. The whole quan
tity of cotton exported from the Bay of Mo
bile, the present year, up to the first of July
is 97,855, against 43,732 last year, On
hand 452 bales.
wwntgngtt
gusta, are in circulation in Macon.
EF “ A CITIZEN" in our next.
GEN. GAINES’S LETTER.
In the late letter of General Gaines, In tho
Milledgeville papers, he informs Governor
Tnoue, that ho has urged the two parties
ofthe Creek nation to an adjustment of dif
ferences, to which they have eventually as
sented. So far so good. But let me
advise the General to he prepared against
one thing—Indian treachery—or if lie is not,
it would be the part of the friends of the
friendly Indians, of which, by woful expe
rience they should be aware, to warn tlum
against it. When the Aid ofthe Governor,
Col. I. **»•»», visited the hostile tribes, they
were equally disposed to an adjustment of
the difficulties which existed among them
selves on account of tho treaty, and took
the first opportunity of shewing their since
rity after his departure by the murder of
M’Intosii, Tustunnuogue, and IIawkIns,
and the plunder uud destruction of their pro.
perty. It is quite probable that ‘ forty-nine
fiftieth)" of the Indians who remain, are
oftliat party denominated hostiles, since
their opponents, the friends of the whites,
have been driven from the nation, after the
destruction of their leaders by violence, and
siuce the “ gun and the rupe” are held
in terrorum over those who yet live.—
The latter must he made of most impenetra
ble materials if they can openly resist the
savage barbarity of their native enemies
and the combination of U. 8. Agents, Sub-
Agents, Interpreters, and traders, arrayed
against them. How one ■fiftieth remains,
or remaining can express their opinions, is
a mystery. It must be a full satisfac
tion to the unfortunate wretches, men and
women, who have been driven from their
homes naked and stnrving, to learn that
they will be permitted to return into the oc
cupation of their lands with the rifles and
tomahawks of the forty-nine fiftietht of
their enemies pointed at their breasts.
Among the Chiefs, who are all at once
so friendly to the U. States, I suppose Gun
Bov is included, whom M’Intosh took pri
soner at Fort Gaines, although his friend-
ship is hardly of twenty years standing—
and no doubt there are some others, with
whom General Jackson is acquainted equal
ly distinguished fortheir disinterested friend
ship to the United States. We shall short
ly begin to believe that, we have been mista
ken in the character of he Creeks, and that
M’Intosii was tho enemy of the United
States, and not his murderers. A difference
of circumstunces has made a vast differ
ence between tho Creek nation under the
terrors of the “ gun and the rope” at tho
present time and at tho period when the
treaty was signed. Now “ forty-nine
fiftieth»” are oppossed to the treaty and to a
removal—at that time we have it in the cor
respondence of the Commissioners ofthe U.
States, equsl authority at least to any ofthe
present agents of the general government—
that tho Chiefs of the lower towns, viz.
Coweta, Talladega, Cnssetas, Broken Ar
row, and Ilitchitas, under their own hands
thirty-nine in number, including the very
Joseph Marshal, whose veracious certifi
cate iB appended to the account of General
Gaines, declared their willingness and ap
pointed seven of their number to con
clude an arrangement di sign a treaty for the
by fifty-two chiefs, including the abovt ve
ritable Joseph—expressly excepting the
Tuckaubautchies or upper towns, the tribe
which has recently so marvellously increas
ed to *• nineteen-twentieths" of the whole
nation. This treaty, thus made, was trans
mitted by the President to the Senate, as a
treaty with the notion, who, with a know
ledge of every circumstance attending it,
ratified it. Aud who shall revoke it?
There remains but one circumstance wor
thy of remark, which is the “ certificate "
hcrein-before mentioned, the truth of whieh
may be judged of by tho following extract
from the Correspondence of Gov. Those,
requesting from M’Intosh his assent to sur
veying the land. Z.
From the Milledgeville Journal.
Gen. JH'lntosh to Gov Troup—Extract, detect
Lock Chau Talo-Fau, or >
Ache Town, April 12th, 1825. (<
..... ... at some loss in
making up iny mind, and must confess to
you the embarrassment, i have labored un
der. Ever since the President ofthe Uniled
States has had Agents residing amongst us.
wo have universally considered it our duty
to consult him ou all important matters
that relate to ihe General Government, or
tho government of any particular state,
considering him tho legul and proper organ
through whom all official correspondence
should pass in relation to our iuiercsts ap
pertaining to the feaLina made with our
nation and the United States.
“ Some differences existing between the
present Agent ofthe Crcelt Nation, and
myself, annimt having any confidence in his
advice, i have determined to act according
to the dictates of my best judgment, which
results in the determination to ugree to the
request of your Excellency in giving my con
sent, and in behalf ofthe Nation who signed
the treaty, their consent that theiand lately
cenea to the United Sralos at -tire imimn
Springe,may be run off and surveyed whene
ver you may or the Geueral Government
think proper to do so.
“ If the General Government ofthe Uni
ted States have no objection, and the Agent
of tho Creek Nation, with the patty ho in
fluences, docs not make any objection or
opposition to running and surveying the
laud mysolfand tho Chiefs and Indians who
were in favor ofthe late treuty, do uot ob
ject—Wo give our consent”
which it is made known to mo that in conn,
cil you have given your consent to the sur
vey ofthe lands.”
Gen M'lntosh to Gov. Troup.
Creek Nation, 25th April, 1825.
Dear Sir i I received your Excellency’s
request yesterday, dated tho 18th inst. and
hereby state to you that my only meaning
was not to act contrary to atipulations made
between our nation and tho United States
Government, and we do heroby absolutely,
freely and fully givo our consent to the state
of Georgia, to have the boundary belonging
to said state surveyed at any time the Leg-
inturo of Georgia, may think proper which
was etded at the late treaty at the Indian
Springs—signed in behnlf of the Nation and
by the consent ofthe chiefs ofthe same.
I have the honor to he sir with great es
teem yours respectfully.
(Signed) WILLIAM M’INTOSII.
His excellency Geo. M. Mroup.
HEAD QUARTERS,
Eastern Department, I
Jilonticello. Geo. July 17, 1025. (
Gentlemen—Capt. Triplett will hand you
a copy of Maj. Gen. Gaines’ letter to Gov.
Troup, of the 10th inst. which the General
requests you to insert in your papers.
The object of giving publicity to this let
ter, at this time, is to counteract certain
false and infamous reports concerning the ad-
jmtment of Indian difficulties, calculated to
drccive the public, and aggravate the tnis-
fdrtunos of the helpless onu deluded beings,
who evince a disposition to re-nnite their
distiuy. and to comply with the wishes of
tie general government.
Very respectfully, yourobedicnt ser’vt,
E. W. G. BUTLER,
To the editors of the Milledgeville papers.
t gu»rd and protect tho bents, until the re.
t jrn of the main body ; and to be careful
that none of the guard committed deureda.
tions on the people or their property.
Wednesday, July 13th,—Sixth Day.
rations ol the »/iiteia in '<uum.ii, u. „ . . BBSBInb i d ,
bn AJvottie OT R-SSa'famn
KtSdSKTKfcntS «• f—»«• —A.. k„
a new aspect to the subject ofthe proposed y ecr etary of the Navy dated KiiV 0
survey ofthe land, added to a strong co.iv.c- ot the dated l*H» ho.
turn on my mind that the attempt to make K ’ *jn‘ rt ma( i e u »• h
the surveys would be a positive violation of * \, o ^ t j, tt caUfl V: *- alt
the treaty ; and will under existing causes Poa „ rdu F an(1 t ’ he ‘ circumstances a Ue „t“
of excitement be certain to produce acts of (W N(lV( , mbcr „ m4 ,
violence upon the persons or property of No » A i„ ttor f rom Messrs Hers- ..
unoffending Indians,whom we are.bound to *’ % £ Il)lan ,| of s t .' T|,om» f.
protect; .1 becomes my duty to remon- r p . u V. ,0
stTate againBt the surveys being comment!- n u pn * p n u (lt 'J
ed until the Indians shall have 8 removed a- h 0 o th ” h h" t ?'"' , 'l 0re ) «»
greeably to the Treaty. I cannot doubt “1^ . ,h !_ d w ?_ e ™! “«.•»
Excellency - .............
the project of .urveying the land before the 4 _ A ]p(tor ,v om the Se
n, Thi s °ldlbe particularly gratifying to me. »•» Nav J *° • Por,er ' rocolling him for
acting, not in concert wwn the venerated * . » # . ^ ,
authorities of an enlightened and patriotic .No. j. A copy of Ihe Order*
m moer of the United States, to whom I e’ven to Com. Porter, by Snull, W*,
"and Pledged by every principle of honor ateS^tary of the Navy,d a t ci P c,
and under the solemnity of ail oath, to ‘,7„ £„i“„ a,i„...,» it, .,
serve them honestly and faithfully.
(Sicticd)
EDMUND P. GAINES,
Jlnj. Gen. Comil'g.
To his Excellency G. M. Troup,
Governor of Georgia,
A True Copy.
E. G- W. Butler, Jlid-dc-Camp.
Gen. Jll'Intosh to Gov. Troup.
Cheek Nation, April 12th, 1025.
To Gov. Troup.
I have luken the liberty to send to you a
HEAD QUARTERS,
Eastern Department,
Flint River, July I Oth. 1825.
Sir—The exeessive heat of the weather,
added to tho many inconveniences and in
terruptions which 1 have daily encountered
in the course of my visit to the Creek Na
lion, lias deprived me of the pleasure ol
writing to your Excellency as often or as
fully us I have boon desirous of doing.
1 have now the honor, without entering
into details that could afford hot little inter
est, to communicate to you the result of my
conferences with the Indians. After meet
ing in this state the Chiefs of the M’Intosh
party, and at Broken Arrow those of the
opposite party, und hearing their respeetive
sliiteiuents, with the evidence for and a-
gainst each party. I have urged them to un
uiijoalineiit of differences; to which they
have mutually assented.
The M’Intosh parly demanded.retaliation
for their fallen Chiefs, with the immediate
restoration of property taken or destroyed.
Their demands were rounded on the 8t!i ar
tide of tho Treaty of February last, whieh
promises on our part proteetiou to “ the em-
Igruting party”ugainst the whites and all o-
tl.ers ; which party they (the followers of
Gen. M’Intosh) assume themselves exclu-
sively to be.
Whether this provision ofthe treaty was
or was not intended to protect the Creek
— .» 1 i protect u
comparatively small part of them egain-t
the main body ofthe nation, were questions
which l was happily not called upon to de
cide i as in the event of hostilities having
subsided, my instructions simply required
me to make peace upon just principles and
to require the complainants, as well as the
the ■ 0 Pl ms ' n ST P“ rt y. to abstain from acts of re
taliation or violence- The reputed hostile
party consists of all the principal chiefs, &
of nearly forty-nine fiftieths of the whole of
the Chiefs, head men and warriors of the
na'iou; among whom I rocogniec many who
were in our service during the late war,and
who, to my certnin knowledge, have been
for twenty years past (and I think they
have been at all times) as friendly to tho U.
I The Judge Advocate then mated that
this completed the evidence which ln-jn.
1 tended to offer in support of tho tirst cl arg.-.
Commodore Porter then submitted to t|, 8
Court, by his counsel, a paper conlitinii-w
objections to the second charge am! sueem*
cations in support of it. The objections sta
ted that the charge and specifications were
vague mid indefinite; that thev alleged u«t.
We certify that we accompanied the ex- «"* ' vl,ich were not proper sibjects oT niil-
press from Governor Trn.ir.ro General M’. accusation i that the *!’■;<: hrations
Intosh, conveying the request that he would ^ S t V'H?
allow he survey of the land acquired bv the J ,er ,h . e . ca Kn.vtai.ee ol ,l, e
treaty a. the Indian Springs, to bo im.nedi- j Cour *’ were rather subjects for ucwcl,
ately commenced. General M’Intosh re- (P*. h»n «iatl«nfs ° spec-ihen ion. lie re-
plied that he could not .-rant the request, ‘P'usted that the Judge Advocate m*
hut would cull tho Chiefs together, anil lay
it belbre them ; which was never done.
(Signed)
WILLIAM EDWARDS,
JOSEPH MARSHALL.
At Portrait. Upson county. July 9, 1825.
I certify that Ibis is u correct copy ofthe
original certificate, signed im my presence,
and now in my pnsBessioin.
E. G. W. BUTLER,
memorial of our Chiefs to tho Legislature i D ..
a „„J r„...... „e. i Slate.- os any ol our Indian neighbors could
have been known to be.
i met i hem at Broken Arrow, the usual
I place of holding the great council of the
' nut ion, I could not. therefore, but view this
; supposed hostile party ns in fact and iu trutli
| tho Creek nation; and altogether free ofthe
of your State, and request the favor of you
to cause it to be laid before them with such
marks of your approbation as you may in
friendship towards usjtliink proper to bestow.
In giving voluntary our consent lor the
survey ofthe land in the lute treaty, we
were actuated by motives of friendship pur-1 ... rj .. ■, , r .i, „ »
ely toward you, mid toward your people— s l ,m ! <*' ? st,1 ‘ ? a30nbt l 10 tbom - 1 , hav d e
No consideration of a mercenary nature 1
mnreenary nature
couhlbe |mrn.itted to enter our breucits when : [
a favor was asked ot'us. particularly bv your J 1
Excellency, and in behalf of your ptiople.—. '
We know the great importanuo it was to '
your people to be ready to occupy the conn-* |
tin? most, deliberate assurance of their do
! termination to be peaceable and friendly to-
wards their absent people, as well as to-
ward.- tiie U. Skates.
They regretted the necessity which they
Fry immediately after our removal from it, I f l onten , d e , xi ? ted for ' l . ,G •*™* , ‘ ,ca8u , ru8
iro "Sr 1
thought it disgraceful In us to attempt 1^ by having violated a well known law
make a coi dition founded on your wants |° tl,e S" 110 "’ /hoy have engaged to ro
of desires, a price for our acquiescence— ?i° r , e , a l’ ,0 l’" r ty taken and jo pay for all
The opportunity presented itself, and w /that Ims been destroyed contrary to law;
hope tho circumstance will hav - only the
effect to render ourselves worthy of your
esteem and friendship.
I remain your brother and friend,
(Signed)
WM. M’INTOSH.
mid they have promised to allow a reason
able time for those who have borrowed and
run off with money out of their national
Treasury, to reimburse the sume. The
Council strongly and unanimously objected
to tho late treaty as the offspring of fraud,
entcrodinto contrary to the known law and
determined will of the nation, and by per
sons not authorised to treat. They refused
to receive any part ofthe consideration inn
ney due under tho treaty or to give any oth
er evidence of their acquiescence in it. In
conclusion, they expressed the hope that
Ron. Troup to Gen. JV'Intosh.
Mili.edoevii.i.e. 18th April, 1825.
Dear General—In onp of yuur late let
ters you say something about tho consent of
the United States, or if the agent and the
S wi; i, a l ::;r n: 1 Sd^x^rpit^Lir ^,1;:;::
' m 8 i! Fa. , ,i ,1 hie condition, and would do them the justice
mg to do with the United Statesor the agent | reconsider Rn d “.m.ln tl..» which h„«
or the hostiles in this matter, all we want is
tho consent of the friendly Indians who
made the treaty. If we wanted the consent
ofthe United States we could ask it.
Your Friend. G. M. TROUP.
Gen. Mm. M’Intosh, Creek Nation.
Brig. Gen. Ware to Gov. Troup.
Favetteville. 14th April, 1825.
Dear Sir: I herewith transmit to you
the resolutions of the friendly Crpek Indi
ans, or those who were in favor ofthe trea
ty—As their determination with respect to
permitting the recently acquired territory
to he run off, or surveyed, is of general im
portance to the citisens ofthe state of Geor
gia, I have deemed it advisable to send them
by express, aH the moat speedy and sure
mode of conveyance. You will alsorecoive
by the bearer Mr. Wilson two othor letters.
With respect, your most obedient ser
vant,
(Signed) ALEXANDER WARE.
His Excelloncy G. M Troup.
Gov. Troup to Gen. M'Inloth—Extract,
dated.
Executive Department,
Milledgeville \ilh April, 1825.
“ Dear General: Yeur two letters of
undo that which has
been wrongfully donn.”
I have, pursuant to my instructions from
the Department ofWar. endeavored to con
vince the Council, but wilhont success, of
the fallacy of their objections to the treaty,
and to dissipate their delusive hopes that it
can ever be annulled. I have assured them
that in all our Treaties with the powers of
Europe, as well as with near fifty Indian
nations, there has not been oneinstanceto
my knowledge of a treaty having been re
voked, or annulled, after being duly ratified,
except by the free consent of all tho parties
to it, or by war.
I yesterdoy met in Council, near Joseph
Marshall’s Ferry, the Chiefs of the M’ln-
tosh party, and communirated to them the
proposition ofthe Council at Broken Arrow,
to which they have acredod. They pro
mised to return to their homes, as soon as
they are advised of thp arrival of the Uni
ted States troops, ordered from Louisiana
and Pensacola, to the Creek Agency at
Chattahoochie. The Chiefs of both par
ties have distinctly and solemnly assured
mo that they will remain at peace with
each other, and that they will in no case
raise an arm against the citianns ofthe U.
Stutes—Under theso cirriimsiances, it ia
Aid de-Camp.
PROM THE NATIONAL JOURNAL.
COURT MARTIAL.
The following is an abstract of the pro
ceudiligs winch look place since our last
import:
The latter part of Monday, the 4th, and
the whole of Tuesday, the 5th duys, were
occupied with the examination of Lieuten
ants Crubb and Barton.
Lieut. Crubb deposed that he command
ed the marines on hoard the John Adams
in November, 1824. According to orders
from Com. Porter, he landed at Foxardo,
with a party of Marines, und took up hie
mulch towards the town. As ho approach
... ia.. position which lie was aboU ..
cuny, he perceived some persons following
him from the beach, will) a white flag, and
very soon discovered that the bearer of the
flag was Lieut. Stribling, on his way to
the town. Lieut. Stribling requested him
to halt, and wait tor his return. On his
way to the town, Lieut. Stribling had dis
covered a battery of two guns, from which
he took the aprons, in order to prevent their
being used against his men. Ou tne re
turn of Lieut. Stribling, accompanied by
the Governor of the towu, and some Qtle-r
persons. Com. Porter ordered Lieut. Ciubb
to form his marines so as to command both
sides ofthe road, und to let none pass to
the detachment under Com. Porter, but
those who belonged to the Sag. The Com
modore then retired to the rear, where he
and his officers received the G-* ntnor, and
where the apology was made. The Com-
mndoro was then invited into the town :
und having ordered Lieut Stribling to fol
low him with his marines, lie passed the
body of arined Spaniards which was be
tween him and the town ; and then halted
us, and said that he was fearful of taking
the incu into the town, lest any excesses
should take place. He 'lion requested that
refreshments should be sent dowu to the
beach, for Ihe men, which should be paid
for. Tiie whole ofthe party then returned
to the beach, Limit. Ciubb, with Ills ma
rines, bringing up the rear; and after tak
ing the refreshments wnich had been fur-
nished, the whole ofthe party embarked on
board the boats, and returned to the vessels.
Lieut. Barton deposed that he was on
board the Grampus, wh -n she entered the
hurbor of Foxurdo. Son, as well as the
Beagle, entered with her ensign flying—
The Grampus come to anchor directly Op
posite a battery of two guns, which were
placed on the top of an eminence, where a
number of persons were assembled together
ns if with the intentio i of loading and train
ing the guns upon the Grampus. Lieut.
Burton was then or iered to accompany
Ineut. Pendergrast, with the marines.—
Tho orders given by Oapt. Porter, were, to
land the men with as little risk as possible,
to proceed to the battery on tliu eminence,
and take possession of it, to spike tiie guns
and destroy the ammunition. After this ser
vice was performed, the men to whom it
was entrusted were ordered to joiu the
main party, with the Commodore. Lieut.
Pendergrast. in- obedience to these orders,
pulled off' from the Grampus, and made so
much expedition in eflecting his landing,
that, although the men in the battery were
endeavoring to truin the guns, one on the
approaching party, and the other on tho
Grampus, they- were not able to perfect
their preparations before tiie party had
landed in the rear of the fort. As soon as
the landing was made good tho party mount-
structed to answer these objections.
Tiie Court then decided that Cuptuin
Porter should submit to writing the urg..
ini-nts by u-liich lie supported these oljjii
lions, in order that the Court might di-ilu
rate upon them. In order to give Cuuuou.
ilore Porter an opportunity to do this, tiie
court adjourned until the following morning.
Thursday, July 14th.—Seventh Day.
The Court having assembled, further
time was requested, to enable Connnuiioie
Porter to prepare and submit to writing
his reasons in support of the objections
which lie hud urged yesterday against die
second charge, his counsel being indispose?.
The Court then adjourned until the !allow
ing morning.
Friday July 13.—Eighth Day,
The Court having assembled—
Mr. Jones in behalf of Captain I\:rtcr^
read a very moderate and ingenious sarit-s
of arguments in support of the objections
which he had stuteil against the secunit
charge preferred oguinst Captain Porter,
and the specifications by which it was ac
companied.
A-- the learned counaol had been lalioriui
» ■aCVblu-InjMjxaUtoNfluhiub htlQ ptti*
vented him from employing the whole of
even the brief interval which had been al
lowed him, in arranging his ideas on the
subject, he relied on tho indulgence ofthe
Court, not only tor forgiveness of the very
loose manner in which one unaccustomed
to composition had been aide to sustuin nis
views i but also, for permission to correct,
by necessary explanations,such of his miles
us ivuuld, without such correclisn, appear
too desultory and weak.
He then proceeded to read his argument,
which commenced with a reference to ihs
rights of citizens, and the cautious and paw.
erl'ul manner in which these rights ware
guarded by the formalities of law, which al
though they might, in some late instaucui,
impede the course of justice, could not hut
be regarded ns having a tendency to pro
mote public happiness and severity. 1/a
who euters into a military lite, does not by
that act, forfeit the rights which ha enjoys
asu citizen; bat is emilled to the same
borriers ogains tyranpy and usur- atioii.—
With a view to this object, ail lbo6o mo
dern governments which have ronilc the
greatest advances in civilization, hud di
gested codes for military jurisprudence,
whieh were, us near as possible, aiialugeiii
to the proceedings in common law. The
system whieh hud been prepared and »
d'opted by Great Britain was, of ull tht-se,
the most complete and efficient; and the
alterations which hnd been made in that
sy»tein by the United Slates, instead of im
proving it, had injured its merit, and im
paired its efficiency. By this code, nffi-ncn
were specifically defined, with the sumo an-
nutenesss ns in the criminal law, and the
punishmenis were distinctly described.
Thu first and radical inquiry, tliersfnrr,
was whether the charges against an officer
arc defined as they are to be found in tbs
criminal law. It was true that Courts Mar
tial were, ill the opinions of many gentle
men, regarded asUuurts of Honor. And
to a certain extent, this was ndmittfd;
they hold a jurisdiction over the minor mar
tils, and were left to rely on their own per
ceptions, where the articles of war are so
indefinite as to admit of doubt. In the*
cases military law follows the analogies «•
common law, in appealing to a sound dis
cretion to determine the inode and charac
ter of a punishment which is appointed to
an offence.
Whenever charges are submitted to a
Court Martial, it is to be considered whe
ther, according to the digested code of mili
tary law, they are cognizubln by that tri
bunal. Because, if they arc not so, [bey
must, of course, he coram non jiulice. I™
question, therefore, was whether the pre
sent charge was cognizable by the present
Court, under the written and digested sys
tem of military law ?
ed the eminence, armed with muskets, pis-1 The argument than proceeded to etatethnt.
tols, and cutlasses s but the Spaniards had s charge must be made in terms identical er
taken the alarm, and had entirely deserted synoniinous with the law which consulate*
the battery. The guns were two 18 pnun- the offence for which the charge is n ’ ade '”I
dors, one of which was charged with a cart- And after the charge has been thus
ridge of powder,a round shot, and a caunis- forth, the spccificotinn shall also ,c°“[*
ter filled with grape shot, musket balls and precise facts, explaining circumstances.tinw
spikes i tho gun being primed and a lighted and place, so that the accused may be en>-
match being near it. The other gun was bled to understand the exact name ot me
not eutirely loaded. The guns were then charge, and be enabled, if th* fact were ■
spiked by the parly, and the whole of the to establish an alibi. A list of witnesse
ammunition waB destroyed. In pursuance should also accompany the specification. '
to the orders given by the Commodore, the order that the accused may know by wns
party then rc-embarkcd, and proceeded to evidence he is to be tried, and have an »P
join the main body, which was on ita march portunity to impeach the credibility °r
towards Foxardo. Lieut. Barton was then misssibility of tiie witnesses ; as well *»
my duty to notify your Excellency that ordered by the Commodore to remain with produee sountsraaling testimony.