The British Press; or, Morning Literary Advertiser.
London, England, 1819-01-08 00:00:00

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of the Prisoner in a letter to his son, niFtsktrl A.
anti referreti to in the first specification, in the se-
t said charge, and heretofore noticeti as the saute
with that 'rut to the Little Priiier,
The oil being further interrogated,
stated the language of the let's'. alluded to, to
110, Ord the British Gore 11111 l rust, .iis 01)1,1.10,60N
sr.ss!st tausse to be restored to them their Untie,
1811, agreeably to the forme of the Treaty
0! Ghent. . .

Q Hy the Prisonrr.....Who is the Little Prince, or i• li•
ho..en by Pilot other slim '—fie is ktiowii by the wino- of
Tusieiiiikky Holm), •11.1 14 the serum! ciwr of th.• emu's
U. By the Pi iSO er —Where is the feller yon alio& io, or
in whose pos...ewniin !—lt was left in pussessiou of Little
Vroire when 1 last saw it.

Q. By t s Prisoner.—Has this Little Prince mu tither
name than what you state ?-INot that I know of.
Q.By the Prisoner —Do you swear that the letter alluded
to Wall addreried to the Little Prince ?—I do not; it 1•141
Presented me ley the Little Prince to mad and Intetret iur
him, which I did.
Q. Hy the Prisoner.—Are you certain that the letter stated
that the C1.0.f Magistrate of tledenited States r1111;11 have
no knowledge of seltleineuts made WI Indian lands or
iuju-
'ties committed'—The letter suited that to be the belief of
Ihe writer.
John Lewis Phenix, a witness on e,e pert of the
proNeetition, being duly sworn, stated, with regard
to the first 'specification of the second charge, that
ht-tug at Suweny, in the town, about the tint or
7th of Apia, he was awakened in the morning by
111 r. Authrister's receiving by the hinies of a Negro,
who got it Iron* an Indian, n letter from St. Mai k.,
at that time stated by Ambrister to be from the
Primmer.

(2 By ihe Penner.—Did you toe that letter or bear it
!-1 all, ore the paper, but dad Hut hear it teat!.
V Ity the Presumti.—Did you stair that the letter wa• re-
reivril by so Indian exprms?--&, the black man that deli-
veled it paid.

William Handily, a "Fitness on the part of the
prosecution, heir% duly swum, and cunioienciog a
~tatetueut of what he heard the Chiefs e.tiy, 4111 l the
Prisoner objecting to hearsay evidence of flint kind,
the Court was cleared in order to take the rpiesti,ro ;
when they decided that the Prisoner's obiection was
not valid. The witness irns therefore recalled, awl
stated, that fifteen or twenty days lifter the Prism:er
arrived at Ocklocknee, tier Seminole Indians began
to steal hursCa from the United States' settlements,
nod committed murders ems the Satilla lt,ver, wind),
he was informed by them, was at the tostii;ation of
he Pri3Oiter.

The Chiefs of the Little Villager in witi,
neighhourlionil, then desired loin to write a few
lines in the Pruoner, lowing those rep itt,, twit thA
ire did out know that thw.e lie tv,i, excifitt4
held loi.g been outlawed, soil cautioned him iiono.t
ruch proceeding, et he 'eight be involre‘l in their
roil:. This the *Stuns did ; when the Prisoner
wrote a [on and insulting letter, which
lost. upbraiding the witness for calling those Li-
chens outlows, and metering him of exciting the
Indians to creel wan The witness was told fly
Clnefr and Indians who had nen the Prisoner, that

be adwiaed them to go to war with the United Statei,
if they did out surrender them the lend* which had
been taken from them, sod that the Britie&Govere-
mem would support them in it.

The lonians that took the witness end a certain
Mr. Doyle prisoners, which happened oa the tatle
December low, told them that it vies by the Pri-
mmer's lintels; and on their arrival at Mickasuky
(as prisoners), King (Nab sad all his Chiefs told
them diet it was by the Prisoner's orders they were
taken and robbed. *a their arrival at Simony
they were told by the ladies's and Negro Chiefs
who sot in conoril over them, that the Prisoner had
advised that he should he given up to five or six
Chocktaw Indians who were saved from the Negro
Fort, who would revenge themselves fur the loss of
their friends at that place. On their return from
Sammy, the Chief King Hijah told them that he
had got the Prisoner to write several letters for him,
one to the Governor of Providence, one to the Bri-
tish Minister at Washington, one to the Secre-
tary of State in London, and one to the American
Agent foe Indian Affairs, protesting agaitot the pro-
ceedings of the Canuiauding Officer at Fort &att.
While the witness w:is et Suerany, the hulloes
•Chiefs told him, that the Prisoner had arrived et
that place with tiro kegs of powder on board his
vs-earl; used whilst at tort St. Minks. aornobor tar
March. Hillistrjah or Frai.cia, In-might an ort:tr
trove tiw Prisoner to the Cownwindrot for two kegs
of powder, with other articles which were in his
posars+ion.

Qettiloll both. (burl.—Were any mordent or tirprillin-
fatiottA committed um the White Settlemeo Ir. by the lodiana
pretiou. to the Pit 1111 l es'a arrival at Orklocknee N•ote,
earth our molder at Fort (Ltines, which wioi tolme ur
about She time u( the arrival.

(IL HOW 1011:4 have you re,olt..' 41119 Mg the 11):!ill14: ;hate
In the Cuott whr:hee you with the hifirm
101solige, anti how long %lore you learnt tl it'—A. I have
anion% Christ Ittnetveu years, moil Irk re understood
throe larzoine Twelve
Q. Do you believe the Setni•tolec umuht here r..ontworesl
the business of mo. etre and ~-/treil.it tour on %11111,
InCIAA, had N Hot I, en at It.c intaig-ttiost of the
aml a promise on hi.., pet of British it.uts tit )))) ?—A. I du
nut brlieve they would, 14111inl they h.nl been :tlittetd of
ft)iti.h pratiction.

l'he further examination of Ilan,tily 14 not pas-Ocularly
luta I estiug

A ritie•tio• being raised by • Nlesalier of the
Coast as to thr jurisdictiou au the third CILo ge
at tt ily stitocificiiiion, the (loon' Were r;ut.eil,
alter mature riditAr.ruur., they deride:l tilid this

Court ere incompetent to take cognisance of the
offencesisllrged in that charge and specification.
Pifer B. Cooke, a former clerk to the Prisoner,
arid a witur►s on the part of the prosecution, being
duly sworn, stated, that shout Dreensher or Ja-
nuary last, the Prisoner had is large quantity of
powder and lead brought to S owstNy in his vessrl,
which he sold to the Indians and Negroes; that,
subsequent to that time, which he cannot recollect,
Amhri►ter brought for the Prisoner in his (she
Pri'onrr'►) vessel, nine kegs of powder, and it Lame
quantity of lead, which was taken poseession of i,y
the Negroes. The witnr,te al,o identified the fol-
lowing letters referred to its the foregoing charges
and specifications, marked A, B, C, U, Fr, F, 6,
and U, as being the Prisoner's hand-writing; also
the Power of Attorney, No. 1, granted by the
Indians to A. Arbuthnot :

(A.)—From A. Arhohnot to hie ion, John Arhnthont, dated

Foot St. Mask, April 2, MR, Nine in the Morning.

" Daft Jon!—As I am it: able to write a loug letter, it
is necessary to he brief. Ihfore my arrival here the COM-
mondani had received an express from the Governor of Pen-
sacola, iiifionting him of a large embarkation of troops, &e.
under the immediate command of General Jackson, and the
boat that hcought the Ilibpairh reckoned eighteen sail of ves-
sels, nIT Appaliehaenla. Ry n deserter that was brought
here by the Indians, the Comniandaot was informed that
3,000 men, under the orders of General Jackson, 1,000 foot
and 1,600 horse, under General Gaines, 500 under another
General, were al Prospect lung., where they are rebnilding
the burnt fort ; that 1,000 Indiana, of different nations,
were at Spanish EMIT, building another fort, under direr.
time of American officers; that as soon as these forts were
built they intended in march. They have cominenecd. Yes-
terday morning advice was receivA that they had appeared
near --a-, and taken two of the sons of ll'euren situ
all Indian. late in the afternoon three schooners came to
anchor at the mouth of the River, and this morning the
American fl ‘g is seen flying int the largest.
" 1 am blocked here; no Indians will coins with me ; and
sun now suffering from the fatigue of coming here alone.
The main drift of the Americans is to destroy the black pm
pulatimi of Suwany. Tell my friend Roleek, that it is
ihroanig away his people to attempt to resist such a power.
(ill force as will be down on Salm:donee; and as the troops
advance by land, an will the vessels by sea. Endeavour to
get all the goods over the River in a place of security, as
also the skins of all sorts; the corn most be left to its fate.
So simit as the Saltwainire is destroyed, I expect the Ameri-
cans will be satisfied and retire; this is only my opinion,
lint I think it is conformable to the demand made by General
Gaines to King Hatehy some months since: in fact, du all
you can to save all pm can save, the hooks particularly.
" It is probable the Cominavidant will receive some eon,.
municatiou from the vessels today, when he will know more
cert only what are their motives in coming off the fort. I
think it is only to shut up the passage to the Indians.
Twenty canoes went down yesterday, and were forced to re-
lit, is. The road between this and Nfickasucky is said to be
stopped. Ilillisaju and Himathlo Mica were here last
night, to hear what vessels; they will remove all their cat.
the soil effects across St. Mark's river this morning, and
perhaps wait near thereto for the event.
. .

" I have h. en as Wiens I ern to give you the substance
of %%hal appears facts, that cannot be doubted : to enter
into details in the present moment is witless. If the
schooner is returned, reel all the goods on board of her, and
let bee start off fur Illonnater Creek, in the bottom of Cedar
key Bay. You -will there only have the skins to hide away.
Bet ito delay Insist take plsee, as the vessels will, no doubt,
follow the land airtiy, and p-chaps evert now some have
gone round. I pray your strictest attention, for the mere
that is saved will be eventn•aly inure to your interest. Let
the bearer have se much calico as will make him two shirts,
fur his trouble ; he has promised to rkliv.v. this in three, but
$ give him four days.—l ant, Arc.

ig A. ARBUTHPIOT."
(ti.)—Flom A. Arbuthnot to Charles Cameron, Governor of

Bahatnns.

SlR—Being empowered by the Chiefs of the Lower
Criek Natiuo to represent the state of their Nation to your
Eac. Ilency, that you may be pleased to forward the same
fur the information of his Majesty's Government, to whom
atone they look for protection against the aggreigions and
ereroachnients of the Americans, I beg leave to sub-
mit to your Ext. Briley the enclosed Representations,
humbly praying that your Excellency will be pleased to lake
an early opportunity tai forwarding the same to Great Bri-
tain.

" 1 am ilintructed by Rowlirk, Chief of the Sahwahaee,
to nuke the demand herein enclosed, be never having any
shale i f the presents distributed at Prospect BMX though
he rendered nosily er-Aestial services as any of ether Chiefs
to the Thiiish rause while at war with America, and was at
New thleann with a part of his warriors. His frontiers being
snore exposed to the predatory excursions of the hack
Georgians who enter his territory and drive off his rattle;
he is obliged to have large parties out, to watch their mo-
tions, and prevent their plundering. And, being now deb-
eieut of rinintiosilisit, he pray, your Escrlltucy will grant
(•mall demand, humbly submitting the slow.

" I have the honour it/ be your Excellency's humble Servant,

" A. A."
44 The humble Reresrotations of the Chivfs of the Creek
Nation to his I:x(1.11.41cl Governor Cameron.

a First, we beg Ireve to represent, that Edward Doyle and
Ilamtily, lately Clerks at Pmrpect Bliff, to Messrs.
Forties, .ke. and who ►till 11.11i110 on the Appalschicola Riser,
we r•ousider a• the principal cruise of our prevent troubles
▪ 1111.111600.0g2. Handily was the instrumental cause of the
fort at Prospect Illuff Lriug destroyed by the Americans,
by which se lost the supplies intended for our future wars,
"duce tiet. !Koh these own have kept their emissaries among
no, ictielii.g to L:irass and disturb our repose, and that of
our brethren of Ilse Middle mid Upper Nation; they spread
osoussit ass rer.,rtc lust the Consists, :.ded by the Americans,
Alin; to drive oo otT "Ur laud; they equally pro.
joist* Wm,"

te.)--Fento k.. rhott.not to itesij Moodie, Di. enriopiog
fetter: to Charles Batgut, Lsti. firitith 51inister at Wash-
iagtuu.

" Sialinitnee, in the Creek Nation,
251 h Jsiittary,

" Silt—The enclosed, coniaimmior, mewr of m,rtiomos mo.
mem, 41,11 ileuimolitmg the iwnu li ite aittlittou of hi• ris-
wrileticy the British Aruba's% . ... , I flow he will, fur this
lime, Porgivr the t. idittg expellee of poeleze, which I have
tucleatoutetltu prevent um much e. yustiblt, by compresimr

isotek ntnlfr► in one ►heet of paper.--Fhoull inn, Cir, he
pot to any trouble or expense, by this I rottSfr I give you,
by brio; whole acquainted with the same, I will instruct
Bain, Dunsbee, rind Co. to order puctilflli of the game.
" 1 have the honour to Iw, Sir,
" Your must obedient humble Seisaut,
•" A. ARBUTHNOT."

(*.Co. 0. I.citer from Ad),%lbw., to General Mitchell, I!111
January, IstS, stating, that as the Americana are necreomr,
cm the Indians, if they, in return, commit caresses, General
3lite he I I should overtook them.

The evidence un the part of the Prnaerntion being tins( .1,
the Priguncr reilticsted as a witiu,a Hobert (7. Amlnisier as
one of his witiwaael, azaiiist whom criminal charges had
b.tn filed, nod who was in (nobody on account thereof, to
which thn iibjeciing, the Court was cleared
to take its senae—when it was decided that Robert C. Am-
ltriater, now in custody for similar offences with the Pri-
soner, cannot he examined as evidence Wore this Court.

Fort St. Marko, tStls April,
Four o'Clock, P M.

The Recorder having read over the proceedings of the
Court with closed doors, the Prisoner was recalled into Court,
and made the Defence marked K, and attached to these pro-
ceedings. The doors were then closed, and afire moat ma-
tured deliberation on the evidence adduceil, the Court find
the Prisoner, Alexander Arbuthnot, Guilty of the first speci-
fication to the fi, st Charge, and Guilty of the first Charge—
Guilty of the second specification of the second Charge, and
Guilty of the second Charge, leaving out the words--" acting
as a spy." They, therefore, do, on the most mature reflec-
tiost, sentence the Prisoner, Alexander Arbuthnot, to be sus-
pended by the emit until he is dead, two-thirds of the Court
concurring. EDMUND GAINES,
Major-General by Brevet, Pi evident of the Court.
J. M. Glasse!, Recorder.

DEFENCE K.

May it plauc this Honourable Court,

The Prisoner arraigned before you is sensible of the indul•
grime grouted by this Honourable Court. in the examination
of the case now before them. It is not the wish of the Pri-
soner, in making his defence, to try the patience of the
Court, by a roiiiiite reference to the voluminous documents
and papers, or to recapitulate the whole of the testimony
which lute come before the Honourable Court, In the course
of this investigntion. Nur is it the intention of the Prisoner
to waste the invaluable time of this Court, by appeals to
their feelings sir sympathy, thonli I am persuaded that sym-
pathy au where more abounds thou iu a generous American
breast. My only appeal is to the sound awl impartial judg.
ment of this Honourable Court, the purity and uprightness
of their hearts, that they will, dispassionately and patiently,
weigh the evidence they have before them, apply the law,
and on these, and these alone, pronounce their judgment.
If this Honourable Court please, I shall now proceed t.
examine the law and evideace that is relied on, by this Ho-
nourable Court, in support of the first charge and specifi.
cation.

Wioslet, a witness on the part of the prosecution, says the
Little Prince skewed hint a letter written in June last, sign-
ed N. Arbuthnot, reeptesting his frietidahip with the Lower
Nation of Indians. The same witness stated that he be-
lieved the letter to 1w now in posscssion of the Little Prince.
Herr, way it please this Honourable Court, I would call
their attention to the law rclatiug to m idence, first presum-
ing that the rules of evidence are the same, whether in civil
or military ti &male, McComb, 96—this point being con-
ceded, the next inquiry is, what are the rules of evidence with
respect to the admission of letters or papers, of private cot.
respoudence, in a Court of Criminal Jurisdiction ? May it
Please this Honourable Court, must you nut produce the
original letters and papers if they are not lost or mislaid so
that they cannot be obtained, and in case they are lost, proof
must be made of the hand-writing being the same of that
of the original, before they can be received as evidence ?
McComb on Courts-Martial, Peake's Evidence, Gilbert'.
Law of Evidence. No instance can be cited where the copy
of a letter was read as evidence, when the original could
be obtained, much less the giving in evidence the contents of
such letter from bare recollection. The only proof that this
Honourable Court has of the existence of such letter being
in the hands of any person, or its contents being known, is
the vagrant memory of a vagrant individual. Make this
rule of evidence, and I ask you where would implication,
construction, and invention stop? Whose property, whose
reputation, and whose life would be safe? Here I would beg
leave to mention a remark made by the President of this Court,
in the course of this inventigation, which war, that notwith-
standing the letter was proved by the witness to be in the
possession of the Little Prince, that this Court could not
notice that circumstance, because there was no 'rictus by
which it could be obtaiued. I would ask the Honourable
Court what means they have adopted, or what exertions have
they made, to procure this letter? If the Honourable Court
please, I shall here close the defence of the first charge and
specification, believing that they are neither supported by
law nor evidence,

May it please the Honourable Court, I will now come to
the second charge and first specification of that charge. In
support of this charge and specification, the evidence is a
letter written to my son. If the Court please, this letter
was written in consequence of my property at Sahwahnee,
and the large debts that were due me (ruin Bowlegs and his
people. Nothing, I believe, of all illHammatory nature can
be found on reading the document marked A, authurisitig
the rip' on that Iwn prompting the Indiana to war. On
the tont' try, if the Honoursible Conti will examine the docu.
went marked A, they will see that I wished to lull their fears,
by iufurming them that it was the Negroes, and not the
Indians, the Americans were principally moving against.
If the Honourable Court please, I will make a few remarks
upon the second specification, and here close my defence.
In proof of this charge, the Court have before them the evi-
dence of Ilamhly, Cook, and sundry letters poi-porting to lei
written by myself, to different individuab. May it please
the Court, what does Cook prove' Why, that I bad ten
kegs of powder at Sahwalsuee. Let me appeal to the experi-
mice of this Court, if they think that this quantity of powder
would supply 1,000 Indian and an squid number of blacks,
more then two mouth, fur hunting? As to the tenet's earned
In this ■pecifucatsuu, may it please the Court, the ►ules of
evidence lairl down iu the first part of this defence will apply
with equal force in the present case.
It remains now, May it please the Court, to say something
as to Hanthlyts testimony...nil may it please this Houour-
able Court, the t ule laid down in this case, as to hearsay
evidence, will iw found without a pm. dent. A strong case
was stated by ass intelligent member of 'lsis Court, on the
examination of this part of the evidence. That is, would
you receive as testimony what a third person hail Said, who,
if present, you would reject as incompetent ? Apply this
priuciple to the present case. Could atlllildial4 De examined

0

en DAIL in nuf C..orie of Iodic:110.r s the
wetly of bftvage. 114nololy prov,e nothinu.

Herr, may it ph .1.4. this Honourable Omit, 1 rlu.r. my
rritly to 11.• charge's:mil speeifiratiutis pret.-ireil against me,
beinE ruik tlml, 'hood iheee he 1.311. f. of crimiev,
niv Judo* will, in the Lingtinge of the law, lo the
or mrrr c.
I Here cloves thr Irial of Arbuthnot —We shell give an
or the mil met Anibiirterj

(F,mri lA, Irashisolins (Vise Genelle.)
I NTEIRC LIPTED DIX ATCD
" Dahlman., December 4, IRIS.

" 11te ELT.mr,

rr S:R—The Cistilian Spanish Indianian, of about goo
lons, ouzel from Lima to Cadiz, has lately been 1111.11111.11
by a Knenw brig of oar, off Cape St. Marv's. ller cm vs 1.
Said to rvm.it of COppIT, cocoa, hark, and a large tona-
lity of specie. There were found on 'maid 111/111y love, u-
nit-sat and private letters, which abew the cotton yto lie in a
very alarming stale. The following are trattsditt d extract,'
from one of the private letters, dated Lima, May 2A, which
will no doubt he interesting to you, and which you are at
liberty to publish, if you think proper.
" Your obedient Servant. J. M."

TRAN,LATION.

" The Grand Junta assembled on the 20th irrst.
by order of his Excellency the Viceroy, has reco►n-
meuded to make every exertion to fo►ward the
troops to Tit!cart:too, with a view to gain the at-
tention of the Insurgent army in Chili, and prevent
their attempting to invade this kingdom during the
present year, and nobl we are reinforced from
Spain. But although this may have such an effect.
we are all much alarmed at the present state of
things, for the whole regular force of tons does
not exceed 3,600 men ; and they speak of embark-
ing no less than 2,000, which ►will leave us very
much exposed. 'Co effect this remission of men,
money, nod warlike stores, for their use, the Ju►►ta
has also recommended a forced loan from 11w inha-
bitants of all classes, to the amount of 1,000,000
dollars, to be raised next mouth ; which has caused
almost an universal disgust. I say but little on the
subject; but yesterday, as you will find, embarked
20,000 dollars more in the Castilian, and intend to
realise the remainder of my property, and go to
Europe, as soon as it can be done.
" We have, till lately, a secure way to remit
dollars by Panama, but the Insurgent vessels front
Chili now swarm in these seas, and capture many
of our coasting vessels. The Castilian is the best
opportunity, and will probably go safe, as she
carries 20 guns, is well maimed, and sails remark-
ably fast. Every one appears to have confidence in
this vessel, and as no man of war is soon going, I
presume she will carry over 000,000 dollars in
specie.

•' The crews of the Insurgent privateer. which
infest these seas, are said to consist principally of
English and North Americans. We know nothing
certain, however, as no one has as yet been cap-
tured by our cruisers—to their shinne he it said.
" The old curate of Arequipa. who has been
constantly in irons, and confined iii his dungeon
ever since you left here, goes in the Cast throw. his
revolutionary principles are not doubled by his best
friends, the proofs are so clear: and the Court. at
home have little more to do in this case than to exe-
cute the sentence of the law. Many others are as
guilty as he is ; but, if the Government were to
arrest nil the inspected, they would hardly know
when and where to stop.
" Osorio'a popularity has declined much ; but
he will continue in command at Talcaguano till
some one arrives hum Spain to take his place. No
one, however, has any belief in our ability to recoil-
quer Chili. To keep the war there for a while, is
all ere can do."

FOREIGN INTELLIGENCE.