The Statesman. — London, England, 1818-08-12 00:00:00

, . •• _ ~,aiwatctof ths.Defendant, as Pmts.'s' of the Manor *lid Borough of Fowey, a verdict was returned for the Defendant, subject to the decision of the Court above, as tb whether Mr. Lucy, who has purchased the property of the Rashleigh family in Pommy, holds that property In fee or only for life. After ' the cause Lane v. Rashleigh had proceeded for some time, the Counsel for the Plaintiff finding that the meaning of the' Defendant hod been completely mis taken, in a conversation which he had had with a person who wen at his house in the ihiVacter of a Mead, and in which the name of the Plaintiff was mentioned, offered to withdraw a Juror, which pro posal meeting the approbation of the Judge, was accepted by the Defendant, who authorised bis Counsel to declare that he never intended to cast any such aspersion on the Plaintiff as that which had been put on the record.—The business at Nisi Prins was concluded about three o'clock on Thursday (yester day) evening. Tar GASE.or Mit. ARBUTHNOT. Of this case a cotemporary Journal gives the sub joined statement : " Arbothoot was a native of Montrose, in Scot land, and was some years resident in London as a merchant. He appears to bare been well known in the City. " Mr. Arbothnot was long In the territory of the • Seminole Indians as a private trader, and from the extent of his dealings, and a character naturally cal culated to Inspire respect, bad acquired considerable • Influence among them. "'The Indian., kept out of certain lands which the Americans had, by treaty with Great Britain, the ally of the Indians, solemnly stipulated to re. Store to them, and constantly harassed by new in roads on the part of the Americans, applied to Mr. Arbuthnot, as a respectable British subject, to. solicit the British Goverament to obtain from the Ameri cans the fulfilment of that treaty, and the observance of relations of justice and amity towards the Indians. A commission to this effect, signed by all the prin cipal Seminole Chieftains, was delivered to Mr. Ar buthuot. " Mr. Arbuthnot transmitted the representation which he was thus commissioned by the Indians to snake, to the proper British Authorities. He was re cognized in his character of Commissioner or Agent for the Indians, and desired from time to time to ; anemorielize the British Government with respect to tiny further facts which might come under his ob eervation respecting the points at issue. 4 ° While resident among the Seminole Indians, with these lawful and recognized objecti, and pulse big, at the same time, his speculations as a private trader, Mr. Arbuthnot received a letter from a cer. tale Mr. Ilambly, who had, in the time of the war !between Britain and the United States, been employ. "titd as a British agent among the Indians, and at the 'tonclesion of the war been left among the Indians to s attend to their interests, but had since gone over to sthe Americans—which letter intimated to Mr. Ar !instboot, that the Americans, assuming that the whole cause of complaint was on their side against the Se minole Indians, had resolved upon a complete pro. acription or extermination of the whole tribe, as the shortest way of determining the troth and justice of the case, and warning Mr. Arbuthnot to get out of . the-way of the signal vengeance which was speedily "to fall on the Indians end all their abettors. " Mr. Arbuthnot disregarded the warning: con fiding in the protection of a neutral territory—con fiding iu the inviolability of his person as a British subject—confiding in the perfect propriety sod fair. mess of the whole of his proceedings—he remained et Lie settlement, true to his friendship to the Indians, and tree to the fealty which he owed to his own Gauntry, as at peace with the United States. " The Americans did accordingly send an armed force, under General Jackson, into the Seminole ter. titory, to carry into execution the barbarous edict of proscription which they had pronounced—to • put to death every hostile warrior'—to spare none but the women and children:—And in this their course of massacre they found this British subject and agent, bit. Arbuthnot, living peaceably at his trading settle ment in the woods; they seized him as a friend and ally of the Indians—they tried him (if such proceed ing trial ran be called), for the alleged crime of assist. log an oppressed People in the vindication of their tight., and assisting in the vindication of the charac ter of hie own country, which had guaranteed these sight.--they found him guilty of this, in which there wax no guilt—and, with nothing hurrying them to the deed but a savage thirst for extermination, with every good motive to induce them to refer a case of this kind to the deliberative disposal of the Govern. scents of the two parties—they condemned this Bri tish subject, an authorized British agent, to suffer Instant death ) as a felon and an outlaw !! !" THE PROPHET FRANCIS. N The following is a copy of a letter transmitted to one of the Governmen► Offices, on the arrival of the intelligence in this country of the execution of the Indian Chief, Hidlis Hadgo (the Prophet Francis), and of the violent seizure and putting in irons of the unfortunate Arbuthnot, at the capture of St. Mark's, by General Jackson. This spirited representation is made by a Gentleman well acquainted with the Florida', and who has ever taken a lively interest in the welfare of the oppressed Indian nations June 1818. " I have the honour to enclose a copy of a letter sent to this coentry by Mr. Arbuthnot, a British merchant of Nassau, New Providence, but lately trading with the Creek Indians, in the Florida', by which you will see that he appeals to us in behalf of the Indian Chiefs, 'and requests, in the strongest manner, that their deplorable case may be laid before his Majesty's Government. The Americans have most certainly broken the 9th article of the Treaty of Ghent, and are now carrying on a war of ex termination against the Indians. They have also by en act of the most abominable treachery got into their power the Chief Hidlis Hadgo (Franci'), who came to England at the termination of the last war with the United States, and cruelly murdered him, to gether with another Chief. They have taken Mr. Arbuthnot prisoner, and he is confined in irons—an act of abalone which is madestill wore flagrant by his k being taken oat of iSpanieh fort in the midatof peace, andln the regularitzercise of +is profassioss aia British There can be no doubt of the troth of all this, as I have linen a letter to Mr. Gamble from a tteteon at Pensacola, who sends him the hotrible par ticulars. I therefore feel it my duty as a man, and as a British subject, to protest in the strongest man ner in behalf of the Indian Chiefs, against the tree- . cheroo. murdersand robberies committed against them' by the United States, end to do all in my power to ob tain for them the protection promised by his Majes ty's Government during the war and after the peace. There is no possible way in which their interests can be guarded but by having a British Resident among them, a situation I would myself willingly und!rrake, or at least visit them once a-year. But let me pit tore to you, as en individual case, the situation of the gallant Chief HMOs Haden, betrayed into the power of his enemies by the deception of hoisting British colours on board of an American brig, and put to death by General Jackson, absolutely executed like a felon on a gallows, which the Indians account as the greatest possible ignominy, instead of allowing him the death of a brave warrior, a character he ever possessed. I understand that he told his execu• tioners with a noble scorn, that Great Britain wag bound to, and would, avenge his death. I find it difficult to restrain my feelings in speaking of this act of baseness and inhumanity. The wife of Ilidtis Hadgo is left a forlorn widow ; his children are aban doned to a miserable fate in the swamps; and all this for no other crime than that he was the faithful friend of Great Britain. I trust this case will be represented to the humane heart of his Royal Highness the Prince Regent, who will not, I know, forsake the widow and orphans of a man whose death was caused by his attachment to this country. The Indians knew very well, for that truth was most antioualy impressed upon them, that they must be destroyed if they went to war with the United States at a time when Great Britain was at peace; and they have most carefully 'abided any step that might lead to a quarrel: but the fact is, that the Americans want their lands; and if we do not interfere, the poor Indian will cer. tainly fall a prey to his enemies." PRINCIC HltTtti•DAT.—Holiday at the Public THE STATESMAN. a • 4-: vice—uothltig so necessary to put dot OW tartlet of misrule add abuse. Are . Minhters disposed to identify themselves with the soppOrtert Of this abo minable system ? If so, Reform is the more neces sary in that part of the Government which is the root and protection deli these evils ; end it is thirtrouti den duty, as much as it is the interest of the People • of Scotland, to persevere with redoubled energy in their efforts, to free themselves from the mire of cor ruption and abject slavery, in which it is still at tempted to keep them. t`t , 11.1; We have inserted un eztract from an authentic Expose of the state of the Austrian finances, which appears to be published with the view of creating a honorable impression of the resources of the Austrian Government, and the confidence placed in it. This official (for we' suppose we may call it so) representation of the increasing wealth of a country, which is our debtor to a great amount in borrowed money, is well worthy the often lion of our Ministers. There are po i n ts in it too I which deserve particular observation for other rea sons. They suggest an involuntary contrast with some features of our own state of improvement, and the Government policy that has given us so many topics for 46 gratifying consideration." The debt of Austria during the three last wars has been very little increased,notwithstanding all her losses and difficulties, whilst that of England has been accumulating to an enormous amount, producing ruinous effects incal culable. The Austrian Government, it seems, yet makes loans with foreign houses on conditions that would be thought impossible in Vienna. Our Mini sters can make loans no where but on conditions that beggar the,nation, yet are perpetually adding to the Public burdens, and in spite of all the boasted improvement of the Revenue, increasing the financial distresses of the country. Paris Papers, to the 9th instant have reached us. They still afford us no information on the topics we most wish to be enlightened. The Private Cor respondence is rather more communicative. The Baron de VITKOLLES, implicated in the late Plot, appears to have been examined by the proper officers, but no particulars are tlinlosed. M. DE CHATEAU BRIAND has written another pamphlet, to discoun tenance all helief in the reality of the Ultra. Royalist Plot, alleging that in a Representatire Go vernment there can be no conspiracies bet those of wit and talent ; by means of which weapons, if the Royalists be not denied their use, he seems to threaten the overthrow of the existing Ministry.— now clever these Royalists must he! What ad mirable reasoning. The " Noble Viscount" as the Times sass, seems to forget that there may be plots of fools and madmen, with which men of genius would have no concern, and which most men of ge nius would feel themselves disgraced by endeavour ing to screen from punishment. M. CIIATEAUBRIAND is also represented in this little book, which he de dicates to "the events of the passing hour," to ar gue against the truth of the Conspiracy from its being so extremely improbable. This neither corresponds with logic, nor with common sense. If facts be stated, it is ridiculous to talk of their being im probable; the only question is, 66 Are they true ?" and that is a matter of evidence, not of argu mentation. Another affair has raised some commotion amongst the gossips of Paris, viz. en intended duel between the Royalist Duke DE FITZJAMES, a person well known in this country, •nd M. JODY, one of the Proprietors of and Writers in the Minerva; which duel was fortunately preve►►ted from taking place by the Duke thinking fit to beg the Author's pardon,after they met upon the fighting ground! The story is narrated in an article from a Private Cor respondent in another part of our Paper. Strung measures are held out by the friends of Ministers as being necessary for the restraint of the Ultra. Royalist party, whose feelings and machinations are considered to be directly opposite to the sentiments of the People at large. Immense military works are carried on at Cob. lents and in its neighbourhood, by order of the Prussian Government, to meet the -contingency of the evacuation of the French frontier by the Allied forces. We are glad to learn through the medium of these Papers, that the Prince Regent of ENGLAND has formed into a fund, for the purposes of education and of charity, those ecclesiastical domains of the suppressed Bishoprick of Osnaburgh, which were not alienated by its Revolutionary Governments, and which still remain, therefore, in the bands of the Crown. According to an article, of the 25th sit., from Ms. drid, Hs Catholic Majesty continued at Sacedon, where his Ministers daily transacted business with him. Couriers were frequently dispatched to Foreign Coorts ; an activity which, it is remarked, is by no means surprising, considering the political situation of Spain. The differences with the United States are represented, and we believe with much troth, as hay. ing rendered the relations of Spain with her Colonies more perplexing than ever. WP much question whether her applications to the other Powers of Europe will have the result of estricating her from her difficulties. The Emperor ALEXANDER has revoked the Order issued by his- Ministers, for turning sway the fol. lowers of Madame KRUDENER. The whole of them, amounting to 18 or 20 individuals, have been allowed to go back to Russia, and to reside with their High Priestess on her estate in Livonia.—The Fite per Cents. Left off, on Friday, at 781. 20c. THE STATESMAN. LONDON: WEDNESDAY, AUGUST 12, 11918- We have not yet the official communication of the facts of the conduct of Mir. A nauynNoT and his un fortunate companions, for which they were made to pay the penalty of their lives by the sentence of the American Court-Martial held upon them, but we insert in another column some statements relative to Mr. A. and one of the Indian Leaders, who was doomed to a similar fate, which profess to be found ed upon correct information, and are certainly cal culated to add to the horror which such transactions naturally excite. We have repeatedly alluded in terms of disapprobation to these military executions, and whether the proceedings of the Court-Martial, before whom the persons charged with violating every obligation of nature and of law, were or were not grounded upon,and justified by facts, we have uniform ly condemned such hasty and arbitrary punishments. We have already said, that we disapprove of hasty military executions, even on the most irrefragable testimony of guilt, and maintain the popular right of freely investigating and judging of military ope rations and conduct, as inseparable from the right of suffrage, by which those who bestow military rank are themselves clothed with the power to do so—we therefore need not be very prolix in ex pressing our opinion as to the discretionary powers assumed by the American Generris. We think the execution of the sentence upon the persons in ques tion, without reference to the Government at Washington, if the powers assumed were not authorized, is deserving of reprobation, 140 though the American warfare has afforded other ex ample, of military executions equally reprobated, and demising of execration, both the Court that passed the sentence and the American Government must know that the punishments have been In flicted at their peril—at the peril of their na tional character, which, es an American Paper justly observes, is worth a hundred Florid's.— There is no reason to suppose, that the truth respect. ing the unfortunate sufferers and their connections Kith the British Government can be finally concealed. The affair is likely to be strictly investigated even in America. The Court-Martial which condemned Mr. ARBUTHNOT, consisted of thirteen Members, of whom General GAINES was the President. The decision which the Privy Coencil has made in the case of the Reform claimed in virtue of an in. dubitable Constitution by the inhabitants of Aber deen, in the Election of their Magistrates, empower ing the very men Who, by their mai-administration, have destroyed the property end credit of that city —the parties chiefly complained of, the old Magis• trates, to elect the new. is a proceeding so strange, so much at variance with every idea of justice, and so contrary to the more liberal and jest piecedent lately afforded in the Constitution granted by the same body to the Borough of Montrose, that we do not wonder the indignation of the People of Scotland should be strongly L.:pulsed at such an oetrage upon common sense and justice, at such a pitiful attempt to check the progress of a peacefulandinostwholesomeand necessary reformation. A decision, however, se unconstitutional, will not have this effect. The evils of the self.elect. Jug a►twl corrupt system, have become intolerable, and neither can nor will be borne. Nothiug•is so iniqui. boas as deliberate contempt of public right and jos. S • ___.._ p • 4 , • • r' Otit . Nff `• . v" TO THE'EDITOR OF THE sTATEsmAN. Sin,—The ' hid of late has been re ele d to a degree of surprise far esiegk j i any forme r p eri . A by the cps ntity of Notes the B an k o f E p sy has refused payment , of, and branded krged ' 4041 . 1 let they detain them, although the late decision is the Court of King's Bench declared that they boi ls lawful authority to withhold them. Mr. E DII . O being a tradesman, I received a notice f rom the g--$ dated June 19, 1818, informing me that No 4:0 7 * • 51, dated March 9, 1815, value one pound, is a (* t y ro ; two applications have been made at the the Note is still detained, for what cause Ilse, ilk not esplein. Mr. EDITOR, as On point of is i th been decided, I conceive, as .s!ell as a nook , 4 sufferers in, the Borough of Soot hwatk, the lit • of the Bank of England to pay th ,, se N op, by 1 7, ing the question at law, for no one intuit to n b oti established on this point to satisfy •the minds oft Jury,as to the means ! , ovr they or the Pohlieesesek (sin what was really issued from the Bo o k, an d sit was not. No explanation will be given by . th oot of the Bank,, who are ioerested persons, od or 'condemn one.half the Notes in circulatiaa to t greet injury 'of the Public. B.t joetii p have taken wing from the Legislative laws itel * - Company have had enacted, that puke their as % lawful tender in payment of debts. Miners/ 04i laws have distinctly pointed out in what meow% Public are to judge of the gekuine Notes and tho ones. How am I to satisfy my mind that this Net 62,751, has net been issued from the Bank, in pp, ing the public creditor, or in their other transactim? Mr. EDITOR, the object ,of this address is **i f this: a number of tradesmen in the Borough, when ' sufferers by this unjustifiable conduct of the 8.4 (who act rather on the principles of the Star Chink,' than men of liberality),have it in contemplation ton% public Meeting of those • persons only that have bpi sufferers by what the Bank, has branded forged, form a subscription, and try the point at law ; ah Cher they are not hound to pay because they force ill Public to take their paper in payment by Legisktist laws of their own proposing, contrary to the gesee consent of the Public ; and in those laws no crit. i i s is pointed out to judge of the quality, good orbit It must be evident that the Bank has derisill oat profit by the great issue of their paper, besidss•sk must of course be lest, which will never appeolit payment: Upon this polo, I should be glad to by what rule of justice or Equity, the Public lel called on to bear the loss and the Bank the Inuit.. Mr. EDITOR, as public principles have always dire ed your observations, your opinion, or the npieita o f any of your legal oirrp.pondeftif, on this tit, would oblige the Public, a hn are Im=ers by thesis, I am your's, Mr. EDITOR, one of the Sufism, Blat.kulan-screet, Smanwark. TurhowisENT IN TII 1: QUEEN'S firEALTIC— 110 MAJESTY'S health is considerably iniprovod, by As being enabled to take an airing out of Kew Rego as she had been accustomed to do.—Such is th e/ H a w ment furnished by the Court Neuman ; and h.' adds, that this improvement was produce d by bet. MAJESTY being allowed to ride out for half an hos', on Monday evening, through Kew Garden., in her garden chair, drawn by her favourite pony, and at. tended by the Duchess of GLOUCESTER, the Vrioces AUGUSTA, the Duke and Duchess of CAMBRIDGE, Surgeon KEATE, and Sir H. HALFGED. The Duke and Duchess of CLARENCE disembarked at Calais on the 4th inst. from the Royal Soveieiga yacht. Their Royal Highnesses set out the uest di, ~ for Germany. , The departure of the Duke of WELLINGTA ' T which took place on Monday, was, it appears, a consequence of previous arrangements in From, iHil where be is espected to arrive on the 16th, to sow il , mence his reviews of the di f f erent corps of the Ara, 1 of Occupation. The Duke of GLOUCESTER arrived et Rochelle's ". the 3d inst. The garrison were under arms, and his r Royal Highness was received with every demonstro i lion of respect and enthusiasm by the Authoritiessed '. inhabitants of the town. His Royal Highness wings -.. from thence, by sea, to Hourdrauz. . Lord CASTLEREAGH does not proceed to Ais.oli. Chapelle till the 25th inst. as the Congress does not commence its sittings till the first week in September. The Noble Lord is to be att► nded in all by L0ra1..., CLANWILLIAM, Lord FRANCIS CONYEGHAR, MG PLANTA, and Mr. Cain. Letters are said to have been received in France from New York, dated the 15th ult. which speak with considerable ensiety of the late events at Perna. .: cola. At New York, it was much feared that a war • with Spain would ensue; and iii consequence of this apprehension, the premium of insurauce on vessels to Europe had risen to 10 per cent. The Hank of the United States, it is said, in order to countervail the great demands of silver drillers to supply the East India Trade, are sending them to the Mint, to be recoined into haloes and quarters, these being a denomination of coins not shipped to Indio. Letters from Pau of the 30th ult. say, 66 Since the shock of an earthquake which was felt here on (ita . 4 19th instant, we have had every day violent storms i and torrents of rain. The lightning has struck down in different quarters, but without gaming any serious accident." REPRESENTATATE CONSTITUTIONS.—At the close • of the late DietLilf Sweden the King, in the Speech delivered on that occasion, maintained the wise, bat unkingly doctrine, that a Representative Govern' ment was the loose proper for consolidating a good understanding between Monarchs and their sofjects, and for piecing all legitimate rights upon immovable based. He eulogized the Emperor of RUSSIA, and the King of BAVARIA, the one for restoring their country to the glorious, but unfortunate, Polish Pia lion (is this true ?), and the other for giving toils People a free and Representative Constitution. The Monarch who can act up to, as well as profess seek noble principles ) deserves to hi the first man is $ frpe State. • • • ,' .1 r - • • - "4.. 4 Ap• - • 11 c