Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1818-12-15
RlCHMoND, DECEM BIER rs.
ARBUTHNoTANU AAlRRISTER.

The case of these men begins 10 be
agtated in almost every shape before the
American people. Ii is introduced into
the hall of Congress-. Ii is canvassed ia
almost every private circle and The dis
cussIon begins again 10 creep into the
newspapers. -Undest these circumstances,
we come forward, respectfully, but fairly,
10 throw our mite into the public discus
siOn.-Though we were not among the
last TO review the transactions OF the Sc.
minole war; though among lie first 10
condemn the capiureOi the Spanish posts
by Major General Jackson, and 10 urge
their restitution though for several
months ille public prints of this country
aud OF England have rung with the me-
laaclr0ly eases of these two Eugiishmen;
vel upuH This point we thought II our du-
~ TO h,id back. So much depended up
on facts; and on a case where sensibiIi-
Is was so ipt 10 be enlisted, there was
such scope allowed Tor The imagination,
that We deemed II cur duty TO wait for
)acfS. These Facts are DuW before us. The
documents disclose every material CIR
cumsiance Ofthis interesting affair. We
must speak ont.
We confess, however, that we touch this
question with 10 satisfaction. TO many
il appears very abstruse one; and we
acknowledge that one branch of it is not
without lis difficulties. Blu, ii is not that
we are liable 10 err that we are reluctant
To ionchit; but il is because we are un-
der the necessity of discussing transac-
ton over which the humanity of our coun
iGy must weep, aud experimenting iiie con
duet OF an oGieSr who was near and
dear 10 our bosOms, Who saved New Or
leans from capture end his country from
IL Il Al.
discussion by considerations that are ir-
resisiibic. We ji.ii:;, il due 10 The CHAR
acter OF our couniry ia disclaim a transac-
ton which may alleci il in the eyes OF TO-
reign nations. and II is due TO our own in
siituiiouS 10 reprobat. an obnoxious
course OF Tie part of Z high military Of
ticer, which may be drawn INTO prece-
den; by other commanders.
lie documents before us prove that
AFbuthnDt was not hung as Il spy, as had
been commonly but erroneou>lv imagin
cd. HE court martial themselves strike
ont from die 81 charge the words :" acting
as SPy'-aHd certainly will. strict propri-
ely, because The Very letter which is SAID
10 have been WI ten for lie purpose of
detailing The advance of The army under
Gen. Jackson, stating their force, proba.
bic movements and Intentions, To he COM
municated 10 Bow;egs, tlie chief of the
Suwauy towns, for his government" was
written from st. M2rks, five days before
they entered il; as, by the lOlsi art. Of
war, spy defined TO be one (not ciii-
Zeu) = lurking IN or about the sortihca-
lions or encampmenls OF Tie armies OF hc
United States"
Tile charges upon which they were
found guilt we're Of different descrip-
Ton
Arbuthnot was found guilty, lsl Of
exciting and stirring up Tie Creek In
dtanS 10 war agaiust The United States
ana her citizens, he being subject of
Great Britain, with whom The l.. 5. are
at peace" 2dly. OF 6 aiding. abelling and
comforting the enemy, sgnplying inrm
with the means OF way Hn,brisier vas
found guilty, LIST. Of " aiding. ab.iting
aud comforting theenemy, and suDplying
tiiem VIII The means 81 var, lac BENG a
subject OF Great Britain, who are a peace
wlti tie u. States, AMI lately an officer
IN lie British colonial marines :" 2dlv.
leading and commanding the lover
Creek indians IN carrying Onawar gainst
the u. $50 The last II which CHARGES
he pleaded gully, but urged Qualification.
We slallnnt 20 particularly through the
mass OF evidence before rs bat it ap
pears, that Arbuthuoi did take deep IN
terest ~ tie concerns OF the Creek Inhi-
ans. lie dd persuade ihcm, that Tie
Americans were bound by The treaty of
Client 10 give up Tie lands which ihe IN.
diaus had previously ceded to us and
that the Americans were gailty Of further
encroachmcnis upon their soil. lie did
write, at tile instance Of the Indians, 10
tie British minister, TO the governor Of
The Bahamas, 10 Nichols, 10 Tie Spanish
governors az Havana ard 81. Augustine,
~ ikeir behalf complaining in round
terms Of our aggressIous sta ils in some
OF these letters, tie necessity OF station.