The British Press; or, Morning Literary Advertiser.
London, England, 1819-05-12 00:00:00

MARMION PEERAGE.

The House resolved Itself into a Commo tee of Nisilrze,
fn consider of the elatuts of Lewis Dymoke, F.-(1. to the
title of Baron Slarmion.

The Attorney. General was heard at treat lenvh nVainst
the claim; and after same observations of liu4
DALE, no the necessity of further evidence, the Commove
was adjourned.

CATHOLIC CLAIMS.
The Martini* of LANSDOWN prevented • Ppliown from
certain Prulebtanis of Londonderry in favour of the C 404.
lie Claims.

WINDOW TAX.
The Noble Marquis pregeoted a Pewit/111 from 'he
toot. of Newry, for the repeal of the %Vitolow Tax.

COTTON SPINNERS.
He ONO presented a Petition front the Cotton Spinners.
&c. of the Town of New Liwirk, in Scotland, pros iliz that
the House would adopt a bgislative 1111,191110. for taltu lattt•4
the time of labour for children in such inauufacturcs.--Lsidi
on the table.

THE EXECUTION OF ARBUTHNOT AND
AMBRISTER.

The Order or the Day being read,
The Marquis of Latesouvve rose, in purvtiance
of his notice, to tall for the produrtoon of woutever
communication may have taken place ;oetwerio the
Government of the Ptitoce Regent and that of the
United States of America, ri lative to the onolotare
occupation of the Footiolas by the army of the
ter, and inure particularly with reference to toe
execution of two British *objects by the coininatools
of the American General. This subject he had op..
tired at sot earlier part of the Session, bolt was 111
(Need Wit to press it at that moment oil the parti-
cular attention of the Horse, in consequence of the
assurance given by the Noble Earl opposite (Liver.
pool), that the British Gower iiiii ent was shell ene.age.l
in communicating with that of the Unite.l States.
and that he would take the earliest opoorittoity of
apprising Parliament of the result. I)ooapponotr.l
in the expectations thus held out, lie was now vie,,
pelted, at this comparatively ad%aiiceil period, again
to invite their Lordships' attention to the subject ;
hut he wits convinced that neither his silence tine
that of Parliament could be misconstrued into sit
acquiescence in the violent anti barbarous treneac-
tions to which he would more particularly refer.
lit bringing this subject forward, he desised it may
be understood, that lie meant not, in the remotest
degree, to throw any censure upon the Government
of the United States. For that Government lie
uniformly entertained the highest respect, which he
had on many occasions been happy to testify. and
lie was fully satisfied that the enlightened and hu-
mane Statesman who now !tilde the first reek it,
that Government, would t ever warrant so flagrant
a departure from those principles of conduct that
regulate the concerns of independent nations, n r
give the sanction of his approbat iiiii to actions which
set at defiance and outraged every principle of hu-
manity. But it was desirodile that an opportunity
should be offered of obtaining from that Govern-
ment such a disavowal of the transaction as would
prevent it from being hereafter considered as
a precedent sanctioned by the example of any
civilized cuuntry.--(llear, hear, hear.)—Witlt-
out further delay, he should broetly state to
744
the Douse the occurrences out which he bundled •
his motion. Sometime to the winter of 1917. doa.
Whence* appeared to have broken out between for
Seminole Indians and the American borderers of the
province of Georgia. In consequence of t,brAtt
General Jackson hound himself, or at least thought
that he bound himself, snider the necessity of posh.
jug the war moo the Seminole territories. soul even-
tually into the Spatoish provinces of the Floittla..
Ike seined by violence upon the forties. It N.stia
Marks awl Pensacola. In the course of these ope-
rations, there fell iota the hand* of the American
General two Brutish subjects, Mr. Arbuthnot and
111 r. Ainbrister. Courts-Morbid were immediately
instirtited—three nen were tried for the offroce of
haviog acted against the United Slates. by assisting
the Indians, and pot to death. Waiving for a mo-
ment every consideration of the bat Witty sod Illbiles
moody of such a proceeding, lie was yet to (se is,-
formed by what pretence of right the Americans
(enrol could have been justified tit such a
proceeding. Allowing that a necessity exist-
ed, even in the mind of that offices, to joia.
tit), the measure of invading • neutral
terror
tory, it was, however, nienifesoly a p Noe of
crfevullfirrillitl law.
dto ihellieduppothsill measure shouldvdilcctssitytnuh ebtertecuoy
t.

1

I

I

!I

fared to involve any cireumst...tees to will •li that
necessity could not be extended. But hoar could
it be justified that the subject of a neutral nation,
engaged in the service of an independent state,
*tumid stiffer Vie utmost penalty that could be in-
Meted, merely for having embarked in the service
of that nation ? Suppose that when the British arms
seized on Copenhagen, a measure of state expe-
diency which was at the time at least questionable,
the subject of • foreign power not at war with
Great Britain, was taken in arms aiding in Vie
',tempt to repel the invaders. would it not have
seriously aggravated that act of violence. had Lord
Cathcart, or any Commander of the British army,
thought proper to proceed to try this individual,
and punish him with the utmost severity ?—(Hear,
Aear.)—With respect, however, to the respective
cases of these two persona, there was a striking dif-
ference between them. Mr. Ambrister was un-
doubtedly engaged in arms on the part of the lit-
dions ; but Mr. Arbuthnot was occupied 'zeta-
sively as a merchant, carrying on a commerce be-
aeficial to both countries, between Great Britain
and the Seminole tribe. Mr. Ambrister was a
volunteer in their army. and of course liable
to the fate that attended the belligerent power;
hot however it may be competent fur a bel-
ligerent to allow or refuse quarter in the heat
and violence of battle, yet ro soon as the action
was over, the uniform practice of civilised nations
spared the lives of the prisoners. This itailividuat,
however, was tried for what certainly was no offence
'against the recognised laws of nations, sod on evi-
Ortice pally hearsay, and altogether suspicious
soul unworthy of belief, he was declared guilty of
the off ewe imputed to him. But the most violent
part of General Jackson's conduct here appeared,
tnr slier hating cotisigned the fate of his prisoner
to a tribunal, lie alerwords exercised • prerogative
and a power a hich lie supposed belonged to his
character as General in Chief of the army, not to
'pinwale • sentence which he might consider
too, severe, but to increase the severity of °tie
which appeared to him too lenient, and by his
• de authority reversed the sentence of the court-
martial, and condetimed to death where the Court
had only sentenced to imprisonment amid other
punishment, ignominious, it was true, brit still
less severe than death. lii the c.,se of Mr. A r-
bull t, there was no pretence fur considering him
as eigosoed even in *defensive war, lle was found
in St. Allark,i, but not ill arms; and his sole occu-
pation among the Seminoles was that of a merchant.
Ile had yet to leer) whether the circunivairce of
supplying belligrreots with the means of carryitig
on war, was, by the ordinary laws of nations,
punishable by death. Doubtless if the property
of a miwchatit so engaged were seized by the party
that supposed itself aggrieved, it was halite to for-
hotly e ; but allot writer on intervational I.* ever
inattitaated so violent • principle as that such a
proceeding was subject to death ? Not only, how-
* ver, had Geogr.! Jackson acted in this arbitrary
tuanrier, moth reference to the lowa of nations, but
lie so meted iii direct controveriti.in to the written
laws of his own country. It was declared by an
Act of the United States' Legislature, that if any
citizen, or ether IWP4OIt, shall supply any foreign
station with the means of carrying on war, or >hall
excite soy foreign nation to war against the
Ulmer, States, such citiz-n or other person shall
forfeit a *ton not exceeding 1,000 dollars, and
imprisonment not exceeding 12 mouths. Thus by
the lass of the United States, this offence for
which the unfortiroate Arbuthnot suffered death,
'veil when joined still' the great aggravation of
treason, ors puoishoble only by fine and imprison-
row.— [Flue Noble Marquis here read the clause
to the Act to whirls he had alluded.)—This was
slime b General Jackson, earn opposition to a
clause Viii the code of the United States, a bleb de-
a hated that " the "enteric, of a court-martial, affect-
rug the life of any individual, shall not be executed
until it shall have received the approbation of the
President." Such were the circumstances of the
case a loch lie thought it right to bring before
the attention of Psiliament, and which it became
the interests and honour of the United States, no
less than of this country, should be disavowed by the
American Government. With respect to the
twili-
t try occupation of the Florida., it war not incum-
bent tin him to make any observations—that was
a topic for the consideration of the Spanish Go-
vertiment only, but with this point was connected
one to which he felt himself bound to allude; this
was, too the military occupabou of the Florida.,
but the legitimate posseasion of them, so far as that
a mild be ascertained by the cession of them to the
United Stotts. This was a subject which essen-
tially coucerned the intereets of Great Britain.
There was no part of the colonies possessed by
European Powers in America, of which the acqut-
s.tion by the United States was likely to be at-
tended with such emineut disservice to the coni-
'Beretta interests of this country. Undoubtedly
the Government of the United States at present
evinced the sonc.erest desire to maintain the relations
of peace with Great Britain; but it did nut become
a ware statesman to narrow his views to the present
moment merely ; it was his duty to look forward to
the pusaibilry of war, and to provide spinal such
contingency.—(Hear, hear.)-1n the event then
of a war with the United States, the possession of
t 'w Fluridas must put the entire trade of the %Vest
Jodie Wands, and particularly the homeward-
bouod trade of the bland of Jania:cs, altogether
at the disposal of Ilse Coiled States. Hundreds
of small craft might issue, not from one but from
t veaty ports, and intercept and destroy that valu-
able brooch of British commerce. The Noble
Illarquis then inquired whether any provisions had
Leen adopted by the British Government at the
Congress of Vsemia, by the influence which
this country ought to have possessed in the
councils of Europe, to prevent such a calamity—
whether they endeavoured to revive that article
of the Treaty of Utrecht, by which Spain was
bouud not to surrender any part of her colo-
',Ml possessions to any oth* Power than Great
I;rdaiii. A queatiott to this effect had been asked
sort long since in another place, and the an-
rawer then given by the Noble Secretary of State
fur Foreign Affair" (Lord Castlereagh), than whom
tiiere could be no higher authority on diplomatic
;bonito, IVO, that this clause to the Treaty of
I 'trecht bring confirmed by the Treaty of Seville,
I rd become the common law of nations. After
a welling a short time longer uu this point, the No-
b'e Marquis. moved--
" TWO aa Address be resealed to his Royal Highness

the Poilice r•rnt, tliet lir mil lo rarinusly pleased to
hove laid on the tahh• Caron of an commitaiestioas that
may hive poled between the Government of his Ronal
Iliehners and the Government of the United !Fairs of Acne.
r!ra, relative to the Whiney Orropation of the Floridan
by the troop, of the ITivitrd States. and to the Execution of
Messrs. Arbethoot and Anthrister "
Earl BATHvitve said, that the observation' with
winch the Noble 111arqins closed his speech, kid
no connexion whatever with the qwestion more im-
mediately before the House, and of this the Noble
Alsrquis himself seemed to be perfectly aware by
tint having connected it with liis motion. Ile con-
demned the principle of political conduct which
the Noble Marquis had approved, namely, that
of guaranteeing the respective possessions of every
power, not only against other nations, lint from
their own desire to part with them, ond contend-
ed generally fir the right of every Sovereign
to cede any part of his colonial territories accord-
ing to his own pediment and convenience. %Vitt*
respect to the Treaty of Utrecht, to which the
Noble Marquis had 'alluded. it was evident that if
it had been renewed at the Treaty of Vienna, it
could not have prevented the cession of the Flori-
da. by Spain to the United States, because wl.en
that Treaty was signed the Floridits were not in the
possession of the Sounisti Government. Olt this
point he should no farther trouble the [louse, but
proceed to express his sentiments on the other
topic. In the commencement of his speech, the
Noble Marquis seemed to have totally misunder-
stood the nature of what had fallen from bit Noble
Friend (.he Earl of Liverpool), when on a former
occasion this subject was before the !louse. His
Noble Friend did not promise to communicate to
the Ill•mse the result of any communicatiiiiis on this
subject between the two Goveriiiiients, but be had
stated that lie would take an early opportunity of
esplaining the principles which itifluesiced the
British Government in the line of conduct they
adopted.—/Dear, hear, float Lord Liverpooti—
The Government took this subject into their most
serious consitlvration, but they saw no cacurn-
stance in it iswhir, would autliori-e theon to require
any ri paration from the American (.overoment.
It was to be considered, that if reparation were
mire demanded, it became the honour of the coon.
try to pursue its claim to the utmost extremity.
The question, therefore, was, whether this occur-
rence was of such a nature as to josiffy our en-
gaging 1.1 a war as on ail 0(1151011 01 national quar-
rel. The Noble End then entered into u review
of the circuinstames of the case, and contended,
that, when a Kitioli subject embarked in the
quarrel of a belligerent Power *aging war
aglitist another Power, with whom his own Sove-
reign is at peace, lie forfeited the protection of the
British Government. 'Phis principle it was the
more necessary to urge at the present moment,
fur if it were supposed that Great Britain was
bound to extend her protection to every British ad-
venturer who might think proper to radon k in the
ca.s,e of every contending part) in America, when-
ever the rights of nations were thought to be %jointed
in their persons, how numerous would be the causes
of interference ! ile areued that Analorker was
engaged in the military service of the Se sss i s roles,
and Arbuthnot iii the civil service, sod that if any
outrage were iiiflieted on them contrary to the laws
of nations, the injury vas offered, nut to the
of which they were the subjects, but to that
with a hich they had united their interests. if
General Jackson had acted contrary to the par-
ticular laws of the United States, it was a matter
for the consideration of his owls Government. The
Noble Earl, however, desired not to be understood
as offering soy apology for the actions of General
Jackson, on which lie looked with detestation and
abhorrence. Unredeemed by even the wretched
plea of espediciicy, they were occulting to every
generous sentiment, and every principle of bums-
siity.—(lleor, hear.)—A II he contended for was,
that no injury had, in the persons of Alessi). Ar-
buthnot sod A min istrr, been offered to this coun-
try, such as could authorise us ill demanding reps-
nation, and pushing that demand to war. The
communicatious that passed on the sobjeet between
the Governments, were matter of much delicacy,
which lie was convinced would not be required by
the !louse to be made public.

The Marquis of LANsooniv, in reply, observed,
that the Noble Earl had much ruisuioderstood the
purport of what had fallen from him, or be load
imperfectly expressed himself. if he was supposed
to require the Prince Regent's Govertiment to de-
mand reparation from the. United States for the
conduct of General Jackson. Nothing was far-
ther from his intentions. Ilia role object was, that
an opportunity might be afforded, fur the advantage
of civilized society, to the Government of the Unit-
ed States to disavow any concurrence iu tlie execu-
tion of those unhappy men. This he it sired, too,
us much for the honour of the United States,
was mainly interested in the suhjrct. :is for the
attainment of any other purpose. lle then ad-
verted to the principle contained in the clause to
the Treaty of Utrecht to which he had alluded,
and observed, that however it may be censured by
the Noble Earl, it was a principle on which this
country had acted for more than 10u year►. It was
a wire precaution, whereby the accintoulation of ter-
ritory by tither Powers to the disadvantage of Great
Britain, was contemplated and prevented. There
never WAS a case wherein Vie operation of such •
principle was more required than in the present in-
stance, for by this recent transact. the commerce
of Great Britrin was exposed to all the power of the
United States.

The Earl of Itvearoot said, that, after the
speech of hie Noble Friend (Earl Bathurst). he
should not have offered himself to the attention of
the !louse, were it not that the Noble Marquis
had made some allusion to lam in the comutralet-
went of his speech. Ilia Noble Fiiesisi had suf-
ficiently explained what laid fallen from him on a
former occasion on this subject. It had never been
his intention to communicate to Parliament any
thing more than a statement of
ithe principles
which had governed the conduct of the Mince
Regent's. Ministers. In the tiew of this case,
two circumstances presented themselves which were
likely to create confus ttttt iu the minds of
one was, the morality, or rather he should
say, the immorality of the transaction; amid the other,
how far the occurrence would justify or even autho-
rise this country to make a claim fur reparation. (fis
the first point, he felt ;so hesitation in avowing, that
no mail could contemplate wilts greater abhorrence
than he did the atrocious conduct of the American

nensral. The transaction was nest only a violation
of es•vse ordinary rules of action which regulate the
iaterrourse of all rivili•ed states, but we. a
w ottott departure from every principle of Isu.
messily, and he load no doubt that the cents•
melds whirls he stow expressed were generally
entertained DO! only in I'arhan►eo►, this country,
and all Europe, hut Itilt every gene and en-
I ghteited mind in the United States of America
was relnally impressed with t 11.4 prow orty,—...
(Hear, hear.)—lle then reviewed at ►some length
the e.rcumst:us•es of the case, cud ob.rt yin... 4 that

nil volunteer,' embracing the quarrel of r foreign
nation, were liable to the same fate that awaited the
troop% of the country they had espoused ; hr argued
that by this rule Arbuthnot and A minister threw
themselves out of the protection of their own Go-
veranda. Oil, had made his election of the milt.
tarp service, the other of the civil service, and
both by this election reduced themselves to the
e tune eilliditl9ll /14 the Seminoles with whom they
were engiged. It was • vident that if the Britiah
Government had any 'ante Of complaint, it should
be addressed rather to the Spanish Government, in
whose tei rarity these end; had 'sten captured, than
to the Government under which the injury had been
itiflicted. lie again adverted aid) es-pref.-ions of
indignation, to the conduct of the Atom ican Gene-
ral, with reference to the rearrsul of the sentence
of the Court 51atital that Pet on A nihrister, and
the subaequent execution of that utiforitioute man,
and remarked, that had such un event twcurred in
tins country, or had any British General acted in so
atrocious a manner, no matter how high his rank or
eminent hit talents or services, lie sboultl stater con-
dign punishment fur the transgression—(//ear.)—
Ile 11., looiveter, Ihat no circumstances appeared
to justify the 1 itiJi Guaeritinent in making the
'tent a cattle of ',viand quarrel. The Noble Errl
then alluded to the cession of the Flotiths 1)3 Spain,
and reitratked, that HS tutu a crle,ll.ll was Iclt by
the Spanish Got ertimerit to he of considerable ail-
vaiitae to the interests of that it would
be extremely hard if the British Goveriimetit were
to iiiterpn,t, w pretetst it. It would slot be just,
consistetit wins !MUIR! unless. %%IN II airs
ever connected with gem rosity anti jostler, to insist
on Spain's ceding the Floridas to Great Britain
unless we were at Olt roue time prritared In make
common tense with leer, and e Inbar k ru lid pre-
sent (planet.
The question was then put, and iiegatitttl
ttith-
out u

IF