Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1819-01-19
court, which had been instituted as guide

tor himself. -t 5,,fe Il.
Your committee must here, in Justice to
their own feelings, express their extreme re-
gret, that IL has become their duty TO disap
prove the conduct of one who has. on for
mer occasion, so eniinently contributed TO the
honor and defence or the nation, as has major
general jackson; but the more elevated the
station; the more exalted the character of
the individual, the more necessary. is il, by a
Reasonable, yet temperate expression of pnb-
lie opinion through the constitutional organ,
TO prevent tile recurrence of incidents at va
rance with the principles of our government
and laws. 5fr
Nor can your committee forbear including
iutheir strictnres the court martial who sat
on the trial OF Arbnthn0t and Ambrster. "A
court martial Is a trihunalinvested with limited
jurisdiction, having for its guidance the same
rules Of evidence which govern courts of law
and yet Arbuthuot is refused hy tile court
martial, before whom he was or trial for bis
life, the. heaetit of the testimony OF Ambris-
fer, who hHd not been pnt upon his trial at
that time, and whose evidence wonid lisye
beenreccivedb by any conrt OF law as legal, If not
credible. Many other exceptions might he
made TO tue evidence recorded in these pro
eeedincs: particularly TO the question put TO
the witness Hambiy, viz" Do you beiiere the
Seminoles would have commenced the bis
ness of murder and depreciation OH the white
inhabitants, had 1t not been at the instieation
of the prisoner Arbuthnot. and promise,
on his part, Of British rrotectionl" Answer:
I" do not beliere they would witboat they had
ing question is expressly forbidden to be used
by court hiartial, by Macomb on Martial
Law, and of which the court must have heen
apprizcd, AS il is a work common in The army,
and usually referred TO BY every cou. I MAJ tial
when III session and the question was cacu-
lated to elicit an expression OF. Opinion and De.
Hetfrom the witness, rather than Il statement o
facts, upon which alone could the court act.
Hearsay evidence, in case of life and death,
your committee will venture TO assert. was ne.
yer before received against the accused in any
court OF this country, aud yet or the face of
the recotd of the proceedings Of the court
martial, hearsay testimony is admitted, which
had been received from Indian, who if
present, would not have heen allowed to give
evidence himself.
After mature deliberation, your committee
beg leave to submit the following resolution
ftesoiced, That the House OF Representatives
OF the United States disapproves the proceed
ings IN the trial aud execution. OF Alexander
Arbutllno, and Robert &. Ambrister."
Mr.. Joi'ison, of Kentucky, also of the
military committee, submitted paper
drawn up i'll the shape OF report by that
committee, which, by a majority Of one
vote, thai committee had refused TO ac-
cept, and the said paper was read as fol-
lows:
That, Gen. Jackson, in short, though
sanguinary war with the Creek nation of
indians, brought them to terms ofpeace;
and IN tue summer of 1914, a treaty was
concluded with Them, wherein they coded
10 The United States territory embrace
ing several millions Of acres of land; the
effect OF this cesslon was, the cutting off
the Indian establishments between the
settlements OF the United States in Gsor-
gIa and Alabama, and The Spanish terri
tory. This object being obtained, future.
peace and safety TO our citizens, in that
qHaricr, were confidently anticipated
but, contrary TO these just expectations,
II was discovered that a hostile disposition
was still entertained by the Seminole
tribe OF that nation, aided by fugitive ne
groes, and instigaied by foreign incendi-
aries. Ii having been represented 10 the
government, that murders had been com
united on our defenceiess citizens, Gen.
Gaines was ordered, in the summer Of
1917, with considerable force, To take
station in that section, for their proiec-
ton. Gen. Gaines was directed 10 keep
within the territorial limits OF the United
States, and abstain from every attempt to
cross the Florida line; but to demand of
HE Indians the perpetrators of The crimes
thus committed, IN order that punishment
might be inflicted upon the guilty, with.
out involving the innocent, and without
general rupture with these deluded sd
wages. The fact OF such murders having
been ascertained, attended with aggra-
waiting circumstances of rapine and cru
ely, Gen. Gaines, III conformity with lis
orders, made the demand The savages.
through the deceptive representations OF
foreign Incendiarirs, aere led 10 believe
that lie strength Of the United States was
not sufficient tn subiue Them or, If their
own forces were incompetent 10 sustain
the onfiici, they would receive assis-
tance from The British. These promises,
made by these unauthorized agents, were
pTedicated upon preience, iiiat the u.
states had bound themselves, by the trea-
~ of Client, TO restore the lands which
Tie Indians had coded, previously to that
treaty, at Fort Jackson; and that the
British government would enforce its OBJ
ser,auce. Under this influence, they
not ouly refused TO deliver the murder
ers, but repeated their masacres when
ever opportunity offered; and, TO evade
the arm of justice, took refuge across lie
line, in Florida. In this slate Of affairs,
III November, 1917, 1t. Scott, of the u.
States army, under Zen. Gaines, with AZ
persons, men, women and children, in
boat on the Appalac hicOa river, about
mile below the Junction ofthe Flint and
The ChataioociIe, was surprised by anam-
buscade OF indians, fired upon, aud The
whole detachment killed and taken by
The Indians, except six men, who escaped
by flight, Zone of whom was wounded. =
Those who were taken alive on this occa.
sion, we're wanfonly murdered by lie fe
roclous sayaSes, who took The little chll.
dreD, and dashed ont their brains against
the side of Tie boat, and bulcheFed all
The helpless females except one, who was
afterwards retaken. Gen. Gaines was
nsi yet authorised to cross into Florida,
10 eninrce a cnrnnliance with Lis hDnAa,,h