The Portland gazette., 1818-12-22

Countrywide were his acting al :py,
and his exciting the indians to murder
Handy and Doye--one only of these,
that OF his being Jpy. was cognlzable by
a court martial On both of tbefe char
ges, however, the accufed was acquitted.
The other charges, whether true or falie,
were neither sognizable by court maE
,ial, nor puniihacle by any Court, or any
law. We do nor fay that the offences
were venial or junihable, but We fay they
were nor puniihable by any law, national
or international,
The charges againlt Ambrilter were
altogether unfounded IN law, admitting
them to have been true. Are we TO be
told at this time of day, that foreigner
is to be punifhed with death for !oining
our enemies IN war, bccaufe the nation
20 whom he owes allegiance is at peace
with usl And are we to be told alto,
thar he is to be tried by a court martial I:
We have always fuppoied that the eiti-
gems Of any neutral nation had right SO
far as the belligerens was concerned, TO
join the armies. and fight the battles OF
either party at his plcalure. The cap
tors have right to esquire if the prifon-
er of war be citizen. and owe sllegi
ence TO the government of the csptors,
and here their enquiries mutt fop-shcy
have no right to enquire to what other
government be may owe allegiance. This
queltion has. however, been 20 well set-
tied for two centuries paf, that it is al
mott disEclpectful to an cnlight enc d
public TO oacr any arguments TO prove
i, and yet Gen Jackson fays IN his or
der that sit is an efabifhed principle
of the laws of nations, thar any individu-
al # nation making war againf the
citizens of airy other nation, they be
ing at peace, fosfeits his allegiance, and
becomes an outlaw and pirate"
A principle more ablurd and mon-
ffrous, We have no recollection of ever
heard uttered. We fhould like to know
where the general hads such law or
fueh principle We iUpPofe, however,
he is the maker of his own laws. II
man found in this predicament is, accor
ding &c general Iackfon's code, an oaslaw
and firate.
The term outlaw when applied to IL
merican Jurisprudence, is a word wholly
without mesning In the Engliih law j.
has meaning, ard fome of the old Eng
lifh legal writers fay, thar an outlaw has
capsf h.piuum,and may be knocked on the
head like wolf by any one thar hould
meet him, bur this docuins has been a5
rogated in England. iii it was ever in re
ality the law for centuries.-It feems
however. thar general Jackfon has revived
it in America According to no ccde of
laws that We are acquainted with, is
there any fucA thing, as piracy on land,
but general Jackion, it feems has sdop-
ted this principle ALTO into his code.
Finally. take thcfe trials alliin all they
are the most extraordinary We have ever
feen, both as il refpects the charges al
legded againif The accused,-tbe proof by
which they were convicted (the hearfay
teitimony of the Indians, who could not
have been admitted as witnefes in per
sony and the arbitrary, unfeeling and in.
human aanner in which the fentence of
che court was carried into execution.
We have always been among the warm
eft admirers of general Jackfon's nilitary
talents and achirvene s. and sc are
fenfbly paihed that he should do any |
thing to tarnlfh the glory he has 70 nobly |
earned. We would be among the laa to
reprobate his conduct in any cafe, if duty
did not require it, bur we cannot and we
will not draw a veil over the arbitrary
exercise of power by any man.