The British Press; or, Morning Literary Advertiser.
London, England, 1803-04-20 00:00:00

AMERICA.

STIFF..IR NI ED GEORGE.

As the fAmein7. case he. excitt4l conshterable decree of
ithtere; wa pro...ume the smoation of it ei large
trill
abee4 ea ape;egy

tts ASsZKILY,MaIICiI 5, 1903.
NIESSAGE FROM Ills EXCELLE.NCY THE
GOVE.RNOR.
Gentlemen,
I now lay before the Legislature a Report made
by the Honourable Mr. Justice Livingston, who
pre;idesl at tic Court of O'er and Terminer, lately
held in the county of Ontario, of the trial and con-
vidion of George, a warrior of the Seneca nation of
Indians, for ilia murder of John Hewitt, together
with the Judge's letter to me on the subject, and
the nteinorial a the grand jurors of that county in
favour of the offender. I have only to ebserve, that
besidos the extenuating circumstances ehich attend
d.ecurnii..sitei of this crime, and which are particu-
larly detailed, you will perceive, from other com-
munications nceompanying.th:s message, that there
are considerations of a political nature for extending
the mercy of Government to the culprit.
Abany, Marc!, CLINTON.
Sir, ALBANY, stancit 1, 1803.
At a Court of Oyer and Terminer, held for the
county of Ontatio, on the 23c1 ult. came on the trial
of a warrior ofthc Seneca nation, for the murder of
John Hewitt, which terniirated (as your Fxcellency
will perceive by the inclosed report) in a conviftion
of the offender. Although the testimony warranted
this result, it is a case not without palliating circum-
stances, and certainly not of that aggravated cha-
rafter which report had led us to believe. The ac-
count, such as it is, comes from witnesses who, be.
ing adive parties in the scene, had powerful temp..
cations to represent in an unfavourable light every
part of the Indian's conduit. There is but little
reason to believe that he had premeditated the mur-
der of either of these persons, and still less that of
the unfortunate man, who at last fell a victim to
his fury. It does not appear that he had quarrelled
with, or that he harboured any enmity or grudge
against them. It bent on revenge or murder, it is
difficult to account for his not elecling his design
while they were lying careless and without suspicion
on the ground. On the ..ontrary, he passed them
twice without doing or attempting any harm. This
conduit was culculated to rouse their attention, ra-
ther than increase their security, which would have
been the prcfcrable course, if assassination had been
his purpose. It is true, that on his approach the
third time, he drew a knife, but at such distance as
to afford them all an easy escape; and it is more than
probable that had no pursuit been made no injury
would have ensued.
It is not pretended that the witnesses had no right
to disarm the Indian ; but when we find him imme-
diately on the retreat, it furnishes some evidence that
his intentions were not then sanguinary. While fly-
ing, he is wounded with a brick, thrown at him by
one witness, and receives two strokes of a club from
another. Such violent conduct on the part of the
pursuers indicated open hostility, rather than a
frieudli desire to .prevent the perpetration of mis-
chief an his part ; and it ought not to surprise us
that a savage thus followed, and smarting under his
wounds should turn on those, whom by this time he
must have regarded as the assailants, and ad on the
defeivive : in this situation he inflicts a wound on
one cf the witresses. Thi; occasions a fresh pursuit
in which the deceased becomes a party. Seeing
Ward w0uri.1,..1 as he was, there can be no doubt

that he or any other person had a right to take the
aggressor, arid that putting him to death in t3is at-
tempt is, in construetion of law, a murder. But as
the sensations excited by such :in an, illegal as it is,
are very difertzt (mm those "a should indulge, if
the deed had been preineditate(4 and the result of
tool refletion ; so also are the claims on our eoin-
zniseration more powerful in the one case than in
the other. It is certain the Jury bad their difficulties,
or they would have agreed sooner. The Grand Ju-
ry, who were composed of the most inteiligent gen-
tleme-a of the county, and who attended the trial,
h..ve confided to me a petition for his pardon. It
aas supposed the Petit Jury would have united in
this application, but many of therm had left town be-
fore his friends thought of obtaining their signa-
tures. This petition had probably best accompany
vour Excellency's message to the Legislature, and
with that view I have taken the liberty of troubling
you with it. It is not for me to urge considerations
of policy in favour of a pardon ; if any exist they
will occur, and be properly appreciated by those
with whom this prerogative resides. It may not,
however, be impertinent to mention, that the con-
via is well connedcd, is much beloved by his coon-
trynicn, and that his situation has excited an un-
common interest and solicitude in the sachems and
warriors of hi: nation; several of them attended
the trial, and behaved with great decorum. Red
Jack t, one of their sachems, addressed the Jury
at some length; he dwelt on the hardship of mak-
ing an unlettered savage amenable to laws, of
of which, from his habits and want of edneation, he
must ever remain ignorant. ire complained of the
impunity with which the white men had, in various
instances, committed murders on the Indians, and
particularly of the outrages to which those in the
neighbourhood of Buffalo-creek were constantly ex-
posed. He also insisted that in this affray our citi-
zens were the aggressors. It is proper to add, that
Judge flamer, Judge Atwater, and the Attorney-
general, concur with ane in recommending the In-
dian as a fit objea of mercy.
In thus obtruit;ng my sentiments on yoar Excel-
lency, I do not barely gratify my own feelings, but
win .iy with a promise which those feelings and
a .en .e of justice induced me to make to some of
ire chiefs and v.-arriors of the Seneca nation, who
requeited a con:comet with me after the trial. In
re tarn, they desired tne to ensure your Encellency
that they will consider the pardon of their brother as
a new proof of the friendly disposition of this state
towards their nation, and that it will be followed by
a sincere and durable gratitude on their part.
Several bills were preferred against several of the
inhabitants of Buffalo-creek, for some of the of-
fences against the Indians, to which Red Jacket had
alluded in hid a4drtss to the Jury ; but as the de-
fendants were not present, their trials were necessa-
rily postponed to another Court.
have the honour to he, Sir, with great respea,
Your klacellency's most obedient servant,
Baociuotar LzeiNGSTON.
Nu Eisalifty Cowrie, Clinton.