Alexandria gazette & daily advertiser. [volume] (Alexandria [Va.]) 1817-1822, 1819-03-03
nation with whom the United States are at

nation with whom the Uhleu o'dtes aie d.
peace, the committee recognize thatsacred
regard to the rights Of other nations, which
ought never to be departed from BY the
executive of free country, and that Wig
liant attention to the conduct of the OH
GERS of the army, which is necessary TO Sc
cure a due subordination ofthe military to
the civil power.
They consider that on this occasion, the
executive of the United States has (by
promptly restoring 81. Marks and Pensa-
cola, wrested from Spain, in violation OF
instructionsl pursued the course, that .he
constitution demanded, that all former pre-
cedents justified, and to which the public
sentiment gave decided appreciation.
In reviewing the execution O, Arbuth'
not and An,brister, your committee cannot
but consider il as an unnecessary act OF
severity, on tie part of the commanding
general, and departure from that mild
and humane system towards prisoners,
which, in all our conflicts with savage or
civilized nations, has heretofore been con-
sidered, not only honorable to the national
character, but conformable to the dictates
of sound policy. These prisoners were
subjects of Great Britain, with whom the
U. S. are at peace. Having left their
country and united their fate with savagss.
with whom the U. S. were at war, they for
fei.ed their claim to the protection OF their
own COVE rnment. and subjected themselves
TO the same treatment, which might, ac-
eording to the practice and principles ofthe
American government, be extended to-
wards those with whom they were ass"cia-
ted. No process Of reasoning can degrade
them below the savages with whom they
were connected. As prisoners of war, they
were entitled TO ella from the American
government, that protection, which the
most savage of our foes, have uniformly ex-
perienced when disarmed andin our power.
Humanity shudders at the idea Of a cold
bIooded execution Of prisoners disarmed,
and in the power of a conqueror. And al
though, savages, who respect no laws, may,
according TO the strict principles Of The
law of nations have their own system ofcru-
city inflicted on them, by way OF retalia-
ton, ii is believed that such system would
degrade and debase The civilized nation,
who could resort to it, and is not only re-
pugnant to the mild principles Of the CHRIS
tian religion, but violation Of those great
principles of moral re ctitude which distin-
guish the American character. Retaliation
in the United States has always been a.
fined to specified acts of cruelty. 1t is not
believed that any attempt has ever been
made to retaIiate for charges SO general as
those exhibited against Arbuthnot aud Am
brister, viz: "inciting the Indians to war;"
During the revolutionary war, only two ca
ses occurred of persons seized for purposes
of retaliation, neither of whom was exeCu-
ted. The case Of Asgill seized on account
OF the murder Of Huddy and governor Ha-
milton ofVincennes, iorspecitic acts Of cru
city also. Hamilton was confined Tor
short time with rigor, and afterwards re-
leased. During the late war, marked with
some cases of cold blooded massacre on
the part of our enemy, particularly the one
al the river Raisin, no such measure as re-
taliation was resorted to.
The principle assumed by the command
ing general, that ArbuthDot and Ambrister,
by uniting in war against the Z. States,
while we were at peace with Great Brit
ain, became outlaws and pirates, and liza
BILE to suffer DEATH" is not recognized in
any code of natiodal law. Nothing can be
found in the history of civilized nations,
which recognizes such principle except a
decree of the Executive directory OF France
during their short career Of folly and mad
ness, which declares that, neutrals found
on hoard enemies ships, should be consi.
dered and treated aspirates.*
The committee forbear 10 make any
other remarks on the violation Of the usual
and accustomed forms in the punishment
and conviction of Arbutbnot and Ambris-
ter, except that even despots, claiming to
exercise absolute power, cannot with pro.
priety violate their own rules.
Having detailed court martial, for the
purpose of trying the prisoners, the COM
handing general. by bis own authority, set
aside the sentence of the court, and SUBJ