Star.
London, England, 1819-02-16 00:00:00

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PRICE SEOLR-PENCE.

of the President's Message nure immediately connected with
their branch of the whirr; your Committee will confine them-
selves in this Report tothc triet and execution of Alexander ,Ar-
buthnot and Robert C. Ambrisscrf.
" On the fifth April, I us, a General Order issued ot head-
smarten, Port St. Marks, by Major-General Jackson, signed by
Colonel Robert Butler, Adjutant-General, detailing" &special
Court Martial* to meet at twelve o'clock, a. as. for the purpose
of invotigating chaigcs exhibited against A. Arbuthnot, R. C.
Atubrister, and such others who are dmilarly situated as may be
brought before it."
" Your Committee do not deem it necssary to attack to thidr
Report the proepeodings of that Court, as every Member of the
House bas been furnished with several copies, to which refer-
ence can be made.

a It is admitted as a maxim of the Isle of sadotu, that wben
the' war is with a savage nation which observes no rules, and
never gives quarter, we may punish them in the person of My
of their people Whom we may take (belonging tp the number o.
them) and endeavour, by this rigorous proceeding, to force them
to respect the laws of humanity. Whenever severity hi cot. ab-
whitely nesessary, mercy becomes a duty.
1 ." The 'Spanish fort of St. Mark's, which it was supposed (ard
no doubt justly) had protected th.fm, was also In our possession,
and so entirely was the war considered to be terminated, that
,ti=e Georgia Militia, under General Glaneock, bad reterred
their *Flies The Obwo.ayst the absohdr necessity which
ne could warralit a depatture from the exercise bf that Cle-
mency, of which the United States bas heretofore so joctiy
boasted? -

" Your Committee find, in the General Orrin. of April 29,
in which General Jackson orders the execution of Arbuthnot
and Ambtister, this remarkable reason, intended as a justifica-
tion of the executions, principally of mbrister, but applying
to both Arbuthnot and Ambrister It is an established prin-
ciple of the law of nations, that any individual of a nation
making war against the citizens of another nation, they being '
at peace, forfeits his allegiance, and becomes an outlaw and a
pirate.' It may be asked, by what system of interpfetation the
offences charged could be considered as piracies, which imply, in
comma acceptation, offences upon the high seas, of which the
Court could not assume cognizance; and it is equally dithcult to
understand the propriety of the application of the term' outlaw'
to the. offenders—e term which applies only to the relations of
individuals with their awn Governments. It wM not be Pre-
tended'that La Fayette, who volunteered his semi* in the came
of America, in the war which-established our independence, fen-
Ailed his a nee, became an outlaw, and subjected hinted!
death, bad be. fallen into. the hands of the
Or,om it be believed that one Yoke would be board
k a,Ol on of Spain, if she were to execute such of our
:tratintrynaos as she may make prisoners' while fighdant is the
armies of the South Aineriean Patriots? And if these cases
one be combined of such a nature as to warrant a resort
teat severe a measure while they occurred with a people in a
state of revolution, and considered by the parent countess to
be in a state of rebellion. much less could these men (A bath-
os; and Ambrister) be considered liable to it, who were acting
with a power, acknowledged and treatel as sovereto and inde-
pendent by us.
" Yout Committee must here, in justice to their own feelings,
express their extreme regret, that it has become their duty to
disapprove the conduct of one echo has, on a former occasion,
sq eminently contributed to thri honour and defence of the ra-
tion as has Major-General 3ackson, but the more elevated the
station, the more exalted the character of the it:dividual, the
mere necessary is it, by a reasonable, yet temperate expression
of public opinion, through the constitutional organ, to prevent
the recurrence of incidents at variance with the principles dour
government and laws.
" Nor can yourComenittes forbear including in their strictures
the Court-Mandel irho sat on the trial of Arbuthnot and Am-
twister. A Ciatt-?dartial is a tribunal invested with limited ju-
risdiction, having for its guidance the same rules of evidence
which govern Courts of Law : and yet Arbuthnot is refused by
the Court-Martial, before whom he was tried for his life, the
benefit of the testimony of Ambrister, who had not been put
upon his trial at that time, and whose evidence would have been
received toy any COurt of Law as legal, if not credible.
" Many other exceptions might be made to the evidence re-
corded in these proceedings; particularly to the question put to
the witness Ratably, viz. • Do you setteve the Sen:leolcs would
have commenced the business V murder and depredation on the
white inhabitants, had it not been at the instigation of the priso-
ner (Arbuthnot), and a promise, on his part, of British protee-
tion?'--Answer---, I do not believe they would, without they
bad been assured' of British protection:—A leading question is
expressly forbidden to be tried by a Court Matti.* by 3lacomb
on Martial Law, and of which the Court must have been ap-
prised, as it is a Wark common in the Army, and usually re-
ferred to by every Court Martial when in Session; and the
question was calculated to elicit an expression of opinion and
belief front the witness, rather than a statement of facts, upon
which alone could the Court act. Hearsay evidence, ha a case
of life and death, your Committee will venture to assert, was
never before received against the accused in any Court of this
country ; and yet on the face of the record of the proceedings of
the Court Martial, hearsay testimony is admitted, which had
been received from an Indian, who, if present, would not be al-
lowed to give evidence himself."

PROTEST.
Mr. Johnson, of Kentucky, also of the Military Committee,
submitted a paper drawn up in the shape of a Report by that
Committee, winch, by a majority of one vote, that Committee
had refused to accept, and the said paper was read as follows :
[Here follows a paper in the form of a Report of a Com-
mittee, giving a full history of the war with the Seminoles—of
General Jackson's conduct throughout the whole of it ; and a
repetition and enlargement of the facts and principles advanced
in Mr. Adams's celebrated letter on the subject, whiah has re-
cently been given entire in this Paper, and must live in the
recollection of .the Reader. It occupies three columns and an
half, close printed, of the National Inteiligencer. ha length,
and the circumstances that its subject matter has been antici-
pated, will no doubt induce our Readers to excuse the omission
of it this day„. It concludes thus:—]
" Under this view of the whole subject, the Committeeacan
discover much which merits applause, and little that deserves
censure • and, from the incalculable benefits resulting to the
nation (rum the faithful and distinguished services of General
Jackson, and the officers and men who served under his corn-
rnand, in terminating finally the Seminole war, are of opinion
that they are entitled to the thanks of their country."

We are requested to inform oar Readers, that
Messrs. COOPER and Co. Surgeons, of Charlotte-Hddse,
Great Charlotte-street, Mac :ft ifrs-road, have, in con-
sequence of their extensive practice, and for the
ae-
commodation of patients at the West-end of the town,
established a Medical Board in WoodFlock-street,Or-
ford-street, a few doors. from liond-street, where a
Physician, of 40 years 'expel icnce, arid a Surgeon of
great eminence, reside, and where all the Board alter-
nately attend, the whole of whom are Members of the
Royal Colleges—that thousands have beenVestored to
by their united talents is universally
many of whom had been discharged
and otherwise improperly treated.--
consolted at Woodstock-House; Woodstoek-
iglit in the Morning until Eight at
the Medical Board, Charlotte-House,
',from twelve till eight in the evening.
:ve advice gratis eve! y evening from
both houses, and on Sunday mornings
L—N. B. Messrs. COOPFR 'and Co.
they have no connection with any,
therefore all letters are to be directed
adjoining Blackfriars-road.