The British Press; or, Morning Literary Advertiser.
London, England, 1819-02-16 00:00:00

AMERICA.

HOUSE OF REPRESENTATIVES, TUESDAY, JAx. 12.

THE SEMINOLE WAR, &c.
Mr. T. M N 11.905. from the Committee uu Military Af.
ratio, delivered the following Report :-••••
" The Committee on Military AfLoiro, to whom was re-
ferred that part- of .the Presidestt's Mrs:rage, of the 17111 of
November, MS, which relates to the procerdiorzo of ilia
Court Martial in the trial of Arbuthnot and Ambitoles, and
to the coufloct of the %War against the Sewingle Indians,
Report—
" That after a perseost of the "riot,s docemehts
subtltit-
ted to Co :very, on the subject of the S. tumult. %Var., they
find much difficulty in separatism Hoe responsibdity of the
Commanding (tHirer to his Goverionerit, front the cohligas.
tionto of the United States to Spain ; but, as the occupation
and rapture of Pensacola and St. Marks. err subjecta of
negotiation' and correap kner at Olio time between the too
Gimeriinients, and as the Committee tits Foreign Relations
will probably orunoider this part sof the Portiolent% Mu sauge
mire immediately mum eted with their branch of the sub-
ject. your Committee will coofine thentsrlvel in this Repont
to the trial and executiou of Alexander Arbuthnot and Hu-
bert C. Ambrioter.

" On the 46th April, I gig, a General Order loomed at
bead quarters, Fort St. Murk., by M.ijar.General Jackum.
signed by Colonel Rolm rt Kutlrr, Adjutant Gent 1.751, detail.
itte ' a special Court• M: till, to MN't at twelve 41.0111 k, n m.
fur the purpopc of Mr...fixating sharks. rxinisaltd
A. Arbuthnot, R. C. Amlirimer, mnd others who ore
similarly "limited as ;limy be brought loftrr it'
" Your Committee do not deem it t:eces•u y In attach to
their Report the procreihur of that Court, :iv cif ry Memhrr
of the House bas hems furnished with aevtral. copies, to
which reference can be made.

Your Committee ran bud no law of the Unitud States
authorising a trial, before a Military Coos t, fur ouch rst%
fences as are alleges) against Arbuthnot and Ambrister (ex-
cept so much of the second charge a, charges Ai bulimia
with ' acting nu a oily,' of which part of Inc s hsrge the
Court found him Nut Godly"); nor, iu the opinion of your
Committee, does any silage authorise, of exigency appear
(ruin the documeuts accompanying the IG port of tho Trial,
a hook r•ass jostify the it,stimpt and exercise of poserf by
the Cowl-Martial and the r mandissg flenersl, on this
occasion. It is admitted, as a mascon of the law of
Nations, that, when the war is with a savage nation
which observes uo rules, and never rats quarter, we
may pisoists them in the penou of any of their people
whom we nosy lake (Iwlringing to the number of them),
asd endeavour by this rigorous proceeding to force• them to
iespect the laws of humanity. sty as nut
absolutely necessary, merry becomes a duty
" In vain has your Committee songht among the dg.
cements on the auhject of the Seminole %Var for a shadow.
of silt' for the death of the pristmers wry-signs d belong
the Court. Thin war was at au end to all intent. and Imes
piss:es—the enemy's strong bolds had lweix destroyed—mussy
of them killed or taken and the remainder, a fertile
baud, dispersed and smattered as every direct' . The
Spanish fort of St. Marks, which it was 'supposed (sad no
doubt justly) had protected them, was also its our posses-
shish and so entirely was the war considered to hr terino
totted, that the Gssiorgm militia, sunder Gi ueral Glasswork,
bad returned to their homes. ishr n where Co. the aluoirte
necessity which alone could warrant a departure Isom the
exercise of that clemency, of which the United Status has
heretofore an josily Lo ttelcii?

" Your Committee find, in the Genera Order of the 29th
April, in which Gene' al Jackson orders the execution of
Arbuthnot and Ambristir, this remarkable reason, sided
as a justification of Ilse executions, principally of A tialwistrr,
bust applying to bush Arbuthnot and Ambidster:—. II is Sit
established principle of the law of nations, that soy indi.
ridual of a nation making war 'gaited the citizens of
another nation, they !wing at pence, forfeits his allegiance,
and live ..... es au outlaw and • pirate.' It may be Ridged,
by what system of este' pretation the tdreixes chained
timid Far cuosidered as pitacirs, which imply, •sl common
areeptatton, ulTetices 1,111118 the high fleas, of which the
Gent could nut mono• cognizance; and it Is equally
difficult to under►taud the -propriety of the application of
the term • outlaw,' to the oth'eo.krs—a terns which applies
wily to the relshoint of individuals with their own Govern-
ments. It will not be pretended that La Fayette, who vidsiti-
terred his services iss the cause of America, in the war
which established oar independence, fonetted his at.
legiausse, became ats outlaw, and subjected himself to aa
ignominious sheath, had be fallen tutu the hands of
the English. Or east it he believed that one voice would
be heard in justification of Spain, if she were to execute
such of unr countrymen a. she may make prigguners, while
fighting in the armies of the South American Patriots? And
if these cases should nut he etigendered of such a swore as
to warrant a resort to so 114 viie • measure while they tie-
curreti with a people i• • Muir tit revolution, and considered
by the parent countries to he ill a state of rebelliou, much
less could these men (Aibilibuot mitt glienbeistei) 1w Masi.
derrd liable to it, who were acting with a Power, acknow-
ledged and treated as sovereign and independent by us.
" Your Committee beg leave to call your atienoon parti-
cularly to the ease of R. C. Anshrister, who. after having hero
subjected iv • trial before • Court which had sun cognimince
joeisiliction over the tiffesices charged against him, was
shot by order of the Cuniinagidiag Grum', coutrary HI the
foams sod usages of Ilse army, and without nom' to the
finding of that Court, which had Isere instituted as a guide
fur himo
" Visor Committee mast here, in jniiice to their own feel.
isle►, express their extreme regret, that a$ leas lees.me their
duty to disapprove the conduct of one who has, un a former
°rears 1111 l au eminently rustfrthisted to the houuur nud slefesice
of the nett 111 l as boa Major General Jackson ; but the more
elevated the station, the more exalted the character tit the
individual, the more necessary is it, by a ressonalsle, yet
temperate exposaion of public opiessun, through the consti-
tutional organ, 50 prevent the recurrence of itscideists at ma-
*leis., with ihe prsitcsolea of Mir gIIPMNISICIII cud laws.
" Nur can your Committee forbear including in their
strictures the Court Martial who sat ms the troll of Arbutb-

not and 'Arehrister. A Court Mattis! is & tribanal /d-
-i vested With limited jorisdicti ssss , having for ins guidance the
I same rules of evidence which govern rotors of Law: and
yet Arbuthnot is refused by the Court Mai fist, before whom
he was tried for his life, the benefit of the testimony of Am-
twister, who had nut been pot upon his trial •t that lime,
and whose evideuce would have been received by any Court
I of Law as legal, if not credible. Stsuy otlwr exceptions
I might be made to the ei idence reco an these pro.
I reedits:l; particularly lit the question pot in the wituess Ham-
; bly, via. ' lIN, you &W re the Sc • les would have cum-
. located the bovines, of murder and depreiliiimet 011 she while
i ihabitatits,lmil it not bees. at the instigation of the Prisoner
! (Arbuthnot), anti a promise on hi• part of MOW, !wider-
lion ?'—Answer. ' I do not beliere I bay would, %Mona
' Ili y had been assured of British prole chic' A leading ;pit,.
Ilion is expressly forbidden to be tiled by a Court-Martial, lay
Macomb on Martial Law, and of which the Court must have
I beeu apprised, as it is a work eons 44444 n in the army, and
lusually referred to by every Coart.Mart eel when in Session;
mid the question was calculated to elicit ass cxprewiou of
opiniolt and 644'60111 the witness, rather that. a statement
I of facts, upon which nione mold the Court act. Hearsay evi-
-1 device in a case of life and death, your Curtin:it tee will yen-
I tore to assert, • lei never before received soiled the accused
I in any Court of this count, y. end yet on the face of the record
i of the proeeriiiiiioi of the Court Martial, hearsay 6-shimmy
lis admitted, whirls had !welt received from an Indian, who,
If present, would nut hart been allowed to gibe evidence
himself.
" " After mature deliberation, yore,. Committee beg leave
to submit the Col lowiug Resolution:—
" Resole. .1. That the House of Rein ',rotative. of the
United Slates disapproves the priiteriltitgs in the trial and
' execution of Alexauder Al bill hllltli and Itulwel C. Ambristcr."