The Statesman.
London, England, 1819-01-28 00:00:00

TTW S-T•A't'YS%T.IN

• nolo; after the ratification of the Trysty of Ghent,
F. petaioad hi. post sad his party-caloateal forces lo
sillitary. array.

31—5.1 By the Oth Article of that Treaty, the
United States hod stipulated to put an mad, 'same-
'timely after its ratification, to hostilities with all
the tit es or natinna of Indians with whets they
toiyht he at war at the time of the ratificatios, and to
restore to them all the possessions which they had
raj°, mi in the year 1811. This Article had too ap-
plication to she Creek tattoo, with whoa the
United States had already made peace, by a 'rreity
concluded eu the 9th day of Ammo, 1814, more
than leer usiperts before the Treaty of Ghent was
signed. Yet, Qslose Nicholls net only affected to
consider it se applyieg to the Seminoles of Florida,
sad the outlawed Red Sticks. whom he had induced
to jells Me there, bat actellly persuaded them that they
mete Willed, by elute, of the Treaty of Ghent, to
all the lauds which had belittled to the Creek no-
Wu, oldie the United Slams, le the year 1811,
and that the Goseremeut of Great Britain would [II.
1. III.) support them le that protession. Be as•
anted also this doctrine in a cerrespoodeocra with
Gotemptlsola's. then the Arra of the United
Steles with the Creeks, and gave his notice, in
their essare,with • mockery ofsaileuswity, that they

his [IV. V.) Allies. It afterwards 'was knows
by the risme ef Negro Fort. Colton! Haw.
kiss immediately coomemicated to this Covers.
ment the etirrespeedesset bet wen him end Ni.
cholla, here referred to (copies of which. marked
N.. 1 lei, are herewith mined), upon [X.] which
Mr. Mourn, thou Secretary of Sian, addressed a
letter (copy marked G) to Mr. Baker, the British
Charge d'Affaires, at Washington, conspiaieing of
Nichelis's endem. and shining that his pretence,
that the 9th Article of the Treaty of Ghent
could hove soy application to his [tidiest.. was ut-
terly destitute of fousidedism.—[Xl.] Copies of the
some worrespoodence wen tretnesitted to the Mini.
loot of the UMW States then in England, with is.
'lnaction to reemestrate with the British Covers.
meat arise these promising* of Nicholls, sod to
new how lenepatible they were with the pests
which had been encleded between the two mariona.
These reneestransa [XII. a. b.] were occevdissglyI
made, first is pineal hinnies with Bad Bathurst
mad Lord Castlereagh, sod afterwards le [XI II a. b.]
written awn' addressed senessinly to thee (co-
pies elf which, together with nines free the dis.
patches of the American Minister to the Secretary of
Snit', reporting what paned at then biter/views, are
enclosed)—lend Where, is the most unequivocal •
osasiner, confirmed the feats, and disavowed the els-
onalett of Nicholls; declared his disepprobatien of
the "Wooded Tasty of Alliance, ofFensivo sad de-
*solve, which he had made ; assured the American
Minister that the British Goverment had refused to
estifi that Treaty. mod week! end back the lodises!
whew Nicholls had brereght with him, with advice to;
make their perm* on peek Noes as they could obtain-
Lord Castlereagh coolosemi the assurance that the
Tieaty would not be ratified ; and if. at the sun
time Oat these seerapees were given, revisits dis-
tinctions of public notoriety were sheen to the Pre.
phut Hillis llsdjn, and he was menially honoured
wills a commission, es a British Officer, it is to be
preowned that these f were granted him as re-
awards of Pas: services. and not as encouragement to
ripest any support from Great Britain, in a confine-
/rice of wage bestiliaies exeunt Ike United Stale.,
all intention of giving any posh sepport having been
rrpaatedly and earnestly disavowed.
Th. Negro Fort, however, 'Wieland by Col.
Nicholls, seigniord on the Spanish territory, sec,-
pied by the banditti to whom he had left it, and held
t.y them as a post, from whence to commit &prods.
liens, outrages, rind murders, and as a receptacle
for fugitive slaves (XIV.] and malefactors, to the
erect assonyence both of the United States end Spa.
wish Florida. In April, 1810, General Jackson
wrote a letter to the Governer of Penitents, railing
upon to him to put down this ceases maisance to the
peaceable inhabitants .f both sentries. [XV.]
7 hat letter,- mintier with the answer of the Go.
vetoer of Pensacola, ban seemly been communi-
cated to the Spanish Misdates here, and by him,
doebiless, to his Goverment. Geese of them are,
nevertheless, [XXIII.] now eosin eneleeml ; parlice.
tarty es the letter free lb. Generate explicitly mi-
ssile, that this fort, geminated by Itcholh, in vio-
lation both of the territory and *Wrathy of Spain,
was stel no less obeeelne to hie Geneteent than
to she United SteeeshiLnist be bed wither sollielrot
forte, sloe so eat a without order, Rem the
Giver mor-Gruseed of illeensehe to deem/ it.
It was sheers/de, es the If* of July, 1/116, de.
strayed by a conoossotitot from a gen.evessi of the
United Santos, which, le its passego up the river,
*its Geed epos from it. It was blown up, with so Ro-
guish Sag still Ilying es its sledded, sod immediately
after the b.:themes murder of a best's ewe belong-
jog t• the navy of the finked Skates, by the ban-
ditti left is it by Nicholls.
In the year 1817, Aloes/in Arbuthnot, of the
island of New Providence. a BM,* selject, first
epeared as so lodise trader is Spanish Florida ;
earl as the softener of Colonel Nicholls, is the cm.
otereent of lestigatiog the Sentinel* and oetlasseti
lied Slick Indians to bestilitilm against the United
%Isle", by reviving the protegee shirt they were anti.
ilell to ,all the land. which bad been ceded to the
('meek Nation by oho United Stales, in Mass.,
al.t. As a were Indian trader, the intrusion of this
slats into r Spani-11 province was contrary so the po-
Fey observed by sit the European Powers is this he.
ph giro, •nel by wow mere rigorously than by Rios in,
or escteding all fereigurrs frees intrftwerse with the
'liana within their territories. It most be known
'Se Spisi•h`Govettento9t, *heftier Arbuthnot had

a Spanish limed for trading with the Indians in
Spanish Florida or not ; but they also know that
Spain was bound by Treaty to restrain by force all
hostilities on the part of those Indians, against the
Cilium, of the United States, and it is for them to
explain how, consistently with those engagements,
Spain could, contrary to all the masims of her ordi-
nary policy, grant such a licence to a foreign incen-
diary, whose principal, if not his only object, sp.
pears to ham been to stimulate those hostilities which
Spain had esptessly stipulated by force to restrain.
In his infernal instigation: he was bet [MAX.] toe
soccessfel. No sooner did he make his appearance
among the Indians, accompanied by the Prophet flib
lit Hadjo, [l..] retained from his expedition to Eng-
land, Menthe peaceful inhabitants on the borders of
the United States were visited with all the horrors
of settle war ; the robbery of their property, sad
the barbarous and indiscriminate murder of women,
infancy, and age.
After the repeated ezpostulatiosis, warnings, and
offers of peace, throegh the summer and autumn of
1817, on the part of the United States ELI. a.], had
been anseererl only by renewed outrages, and
[l.Xl.] after • detachment of 40 men, under !Jest.
Scott, accompanied by seven women, bad been way.
laid and murdered by the Indians, orders were given
to General Jackson, and an adequate force was
placed at his disposal, to terminate the war. It was
sarertaised that the Spanish force in Florida was in.
adequate for the minders erns of the Spanish ter.
ritory itself, against this mingled horde of lawless
Wiens and Negroes; and although their &easel.
those were committed within the limits of the (Jailed
States, they immediately sought refuge within the
Florida line, and there only were to be overtaken.
The necessity of crossing the line was indispensable;
for it was from beyond the line that the Indians made
their lierderous incursions within that of the United
Statue. It was there that they had their abode,
sod the territory belonged io fact to them, although
within the borders of the Spanish jurisdiction.—
There it was that the American Commander met
the principal resistance from them; [XXXVIII.]
titers it was,that were found the still bleeding scalps
of eer freshly butchered by them; there it
was that he released the only woman who had been
*offered to survive the massacre of the party nadir
Lieut. Scott. Bet it was not anticipated by this Go.
refitment, that the Commanding Officers of Spain, in
Florida, where especial duty it was, in conformity
to the solemn engagements contracted by their nation,
to restrain by force those Indians from hostilities
against the United States, woold be found (wooing-
ing, aiding, and abetting them, and ferni.hing them
with yawl*, for earr)ing on each hostilities. The
Offiaet in command immediately before General Jack-
sou, was, therefore, specially instructed to reap/0,1
GS far as possible, the Spanish authority, wherever
it was maintained, and Copies of these Orders were
also famished to General Jackson upon his taking
the command. In the coats. of his pursuit, as he
approached St. Mark's,be was inforinid, direct
from the Governor of mmo's, that a party of the
hostile lodises bad threatened to 1040 Met fort,
and that he apprehended the Spanish garrison there
was net le at ength sallielent to defend it against them.
This information was confirmed from other sources,
and by the 'tickete produced open the trial of Am.
baster, it proved to have bees needy tree. By all
the laws of nentraiity and of ea., as well Ss dept.
dente and of humanity, he was warranted in anti-
cipating his enemy, by the amicable, and that being
teased, by the forcible occupation of the fort.—
hete will need nn citations from printed Treatises
o Intornatinoal Law, to prove the correctness of this
; rinciple. It is engraved in adamant on the common
retie of mankind : no writer upon the laws of no-
, tioes ever pre•ended to contradict it ; nose of any
repetition et authority ever omitted to assert it.
XXXI V.) At Fort St. Mark's, AlesanderArbstit.
not, the British Indian trader from beyond the seas,
the firebrand, by whose torch this Negro Indian war
against our borders had been rekindled, was fantod
an inmate of the Commandant's family ; and it
was also found that, by the Commandint himself,
Councils of War had been permitted to be held with.
in it, by the savage Chiefs and Warriors : that the
Spanish storehouses had been appropriated to their
use; that it was an open market for cattle, known to
have been robbed by them from Citisens of the
United States, and which had been contracted for and
perchased by the Officers of the garrison : that in-
formation had been afforded from this fort by Ar.
buthoot to the enemy, of the strength and move-
ments of the American army: that the date of the
departure of express had been noted by the Spanish
Commissary, and ammunition, munitions of war, sad
I all necessary supplies famished to the Indians.

The conduct of the Governor of Pensacola was
not less marked by a disposition of enmity th the
United States, and by as star disregsrd to the All.
gallons of the Treaty, by which he was Weed to re.
strain, by force, the lettuces from haellibles easiest
them. When called spew to 'iodine* the Meittotiel
rights and eathorily of Spain, by the drains:Oen of
the Negro Fort, his predecessor had deelosed fft to
he net less sueoying sod pars icioes to the Spanish
subjects in Florida, than le the United States, ..wr
had pleaded his isabilierte sebdee it. No Ilim•Af I
had 'armed his appeakessiews that Fort St. Mark's
would he forcibly taken by the savages, from Its
Speak* garrisoo ; yet, at the same time, he had re-
fused the passage up the &cambia river. unless open
the payment of excessive duties, to provisions de,.
tined as supplies for the American Army, which, by
the definition of thews, was subjected to the most
distressieg privati..sts. lio had permitted free ingress
and egress at Pensacola to the ••nerril !tarsi', ene-
mies of the United Slates. ~applies of aranianiiion,
munitioas of war, and provisions, had been received
by them from thence. They had been received end
sheltered there from the pursuit of the American
forces, end sulfervd again In silly thence, to enter
upon the Xasericon territory, end commit new
"murders. Fioally, on the approach of General
Jackson to l'lrsivicele, the Governor CXXXIII.]
sent him a later, deigns:wing his entry open the
territory of Fiorillo as a violent outrage open the
rights of Spain, commasiding hit* to deport and'
withdraw from the new. and in car
of his moo.cootpliattee, to employ forte to espel
his.
To be centimes' ]

LAW INTELLIGENCE.

COURT OF CIIANeRRY. Jae. %.
U COLES, IN US CAM AND OALPIN.
This was a Petition presented by the ha k
Charles Coles, stating that he had carried oe business
es
a stationer, in Fleet-streei, in partnership with
Fraecis Gilpin, who, in collusion with Charles
Barite! Coles, accepted bills, without the Petitioner's
knowledge, to the talent of 80,0001., for the per-
ms.. of getting discounted en usurious terms ; that a
Commission of Bankrupt having issued against Coles
nil (Wide, bills to the amount of 50501. were
proved by Thomas blower Keats, of the Poultry;
and to the amount of 18001. by Mr. Itichard !Noon,
of Fenchurch.street ; and that the Vice•Chaucellor
bad. in August last, directed Mr. Keats and Mr.
Dixon to bring actions against the bankrupts, to
try the validity of tech proofs. 'That Mr. Dino bed,
in pursuance of such order, brought an action, which
stood for trial at the Sittings otter last 'From, but
which was postponed on account of the absence of
Charles Boswell Coles, who was lately discovered to
be in America; and a direct communication had been
opened, for the purpose of obtaining his evidence,
which was sworn to be very material to Mr. Coles,
the Defendant, in the action ; and Wets was there.
spin prayed to file a bill, to obtain a Commission
for the esamination of Charles Boswell Coles abroad,
in can he could not be iodated to return to this
country.
'rho Souctrou-Gas nat. and Mr. Ron opposed
the Petition, on the part of Mr. Dixon, contending
that the Petition was unnecessary, since Mr. Coles
had already the right of filing his bill, as one of the
incidents if the mien directed by the Vice-Chen.
caller; but if out, then that the Court ought not to
dispense 'skit the wine voce easminatiun of the wit.
Ness ; and that the Petitioner might apply to the
Judges at Common Law to put of the trial from
time to time, If they thought 6t, till the Plaintiff
consented toe Cosamission if necessary.
The Lette.CHAnctuou was of npiaion that it
was prudent on the part of Mr. Coles to pretest this
Preitin before iliac a bill, to which objections
might hereafter be taken ; but before he granted the
prayer of it, he should wish to know what steps
hod been taken to induce the witness to worn to this
country, and directed as affidavit to be made rapine.
tory of the nature of the communication which had
been opened with him.
The SOLICITOB GavERAL submitted, that the let.
Ors ought to he produced ; hut, span its bring stated
that the correspondence was with a very hear rela-
tion of the witness, and of a delicate and confi-
dential nature, it sass agreed that they should be
shower privately to the Solicitor•Gerieral, aid the
Petition brought ors again.

COURT OF KING'S JAL
lANDILINDS V. HARM AND CREED.

This action was tried before the Lord Chicf Justice,
■nd • Special Jery, at Guildhall, on Tuesday, Jan.
11. It was an •ctinn breaths by the Plaintiff, as
executor of Mr. llowden. a Purer in the East India
Company's service, to merrier of the Defend •ets,
navy.agents, the arrears of as. annuity vented to
Mr. Hoyden, by Joshes Rowe, Esq. of Tor Priors
Cornwall, for the payment of which, it was stated,
the Defendants had wide themselves goarantees.—
Mr. Marsh •lone appeared to the action ; his plea
was non assumpsit, whereupon issue was joined.—
The Jury (Good a verdict for the Plaintiff—damages
11671.
To-day Mr. MAttaTAT moved for a role to show
cues, why the verdict should not be set aside, and a
n•sssit entered. He contended, that the •:tnuity
bad net been duly enrniled, according In the pro.
visions of the Statute in that case made and ;unaided;
and that the ewers's.e ars, contained in a leper
signed by Mr. ('reed roly, whereas one partner cane
nut bind another by a guarantee, in whirls he does
!not cfsprot. Try establish tists latter point he cited
the cue of Low ndes v. Bateman, before Ltd Ura-
lbornoch (3 Carepb. 47R).
• Chief Justice A 3107 read the notes of the elidence
taken on the trial, by which it appeared, that Mr.
Stevens, the clerk of SI . Marsh and Creed, de-
posed, that the letter Containing the alleged guarantee
was signed by Mr. Creed, who wrote in tie nail! of
1 M►. Marsh and himself, and said that the annuity
wu guaranteed by their house. This letter was not
metered in the common lettersbook, like Ouse written
by the firm, and it was no part of the businers of
I naey.agents to gnome* avnaltiet. On this psi.
dente the Chief Justice left it to the Jury to say.
I whether the a••rantee was Oleo with the knowledge
Lof Marsh, as be did not see how ono partner could
. . ..

rinl 'nether without Ais consent.
The COURT now ordrird, that Mr. Msrryat should
take a role to s►ow cause why a 'tonsil should not
he entered, or a new trial granted. Their Lord-
ships said, that if the Memorial Aad not been duly
enrolled, the Mina/ roust be wonsoited ; but If it
were shown that the ireatantre was given by Creed,
wit►oat the concurrence of Marsh, then a now trial
ought to be granted.

Thswwsoras or TIIC DZAD.—On Monday, the
Boritgh gang of Reser/reclines-mew were stopped near
Croydon, by Better, constable of Wallington, with •
borne and cart. Baker,with an assistant. apprehended
one of the wretches named Martin, the toilets effected
their escape. The day before, Mr. Baker's sister,
Mts. Routs, was buried in Wallington church-yard,
and open the constable searching the cart, he found
two deed bodies, and one of them he ',cognised as his
own sister ! The other vies identified as the body of
a Mr. W.—, a Issiitts.keeper, at Wallington, who
was belied the same clay. The bodies were again in-
terred, and the Pristiner rottee}ed before the Ma.
siis•rates, and committed for trial at the neat King.
atou Artists. Ile was brought to town yesterday,
and tedigstrin Ilinrsemonger-lane Jail.
Tuesday night the shop of Mr. Goodwin, straw.
bonnet-onanefacterer, opposit• the Surrey Theette,
we, entered by three melt while Mrs. G. was tilling
in the miner; sin blew cat the gas light, and ran
not of the shop with nine bn•iners *WO they hastily
took from tho oini!iiu, escaped.
It is thoeght that liennettowNn ran away with Mr.
ilnrsley's child. will not be tried at the casting S.•-
sinus at the Old Bliley, nor at the nest; but no re:.
sun is assigned. —There i: trlrs.f, in l:11. CM.

bad c - a Treety of Alliance, tierisive sod
defesselee, ty of Nseigatinst and [IX )
Comae, 7 r rest Blinds, .f •hich mote was
se ho (A.
:" • it sheeld be roiled le, Nosglaud.
allptells thee ;ar eas *bleb, In
I:
164,f
Prospect Biolr, beg whisk lasted the
Banish pent am t§e ; took with hint
dm white pestle, et end embarked for
Negleed, with se retched usages whom
N trio thee their Mite; among whom
was the Ps , or Hillis Hedje; and
{eft the fort, a y sepplied with wintery stores
end sunneeltioe, to the Negro Department of