The Portland gazette., 1819-01-12

hilDiistcI, ID AN# a. so'c'5"S's,
not tie obiects d Eoart m5rtlai.-A court
martial could not be appointed 10 their case.
Whatever the courts sctyaIly appointed mighi
be called, the subject u ..er they we're requlr-
ed to decide, decides also the nature OF The
couri itself" Tue conclusion that he draws
is, that the court was court OF inquiry.
| If Gen. Jacssou was legally in possession
of the pow oI i.e and death IN the case un-
der consile siicz and instituted this court
martial for he Use OF surrounding him.
| self With that kd Nil security from censure
which the rest o is enquiries might furnish
him, we are inclined 10 think this is the hrst
instance, of a similar kind, 10 which he ever
hesltated. We recollect no instance beside,
| ia which be paused over victim when bound
for the sacrifice. But, be this as it may-the
defence, on this ground, is OF tungous growth
lit is not derived from he record IN the case.
| In Gen. Jackson's letter to the Secretary oil
War, Of The 9th Of May, 1913, in which he
gives an account Of this very subject, ne says,
: These individuals, were tried under my or
ders, by special court Of select officers ie-
gally convicted as exciters Of this savage and
negro war, legally condemned, and most justly
punished for their inlquitIes. The proceed
| ings Of the COURT MARTIAL in this case,
with the volume Of oftestimony, justifying their
condemnation, presents scenes OF wickedness,
corruption. and barbarity, at which the heart
sickens,' &c"-IIoweyer intelligent and
acute bis defenders may be in their discove-
ries about the character of this tribunal, it is
perfectly clear that Gen. Jackson himself
viewed it as a technical court martial, legally
| formed, regular in its proceedings, aud that
the executions took place under its sentences.
Indeed, he calls it a court martial in express
terms. In The Message oil the President OF
the United States, at the opening OF the pres.
ent session Of Congress, he says Copies of
the instructions to The commanding sGenera. !
OF bis correspondence with the Secretary OF
War, explaining his motives and justifying
his conduct, uita copy q the proceedings Of
The COURT .MiRII.aL, an the trial Of .ar-
but.lot and .am5raster, &c. svil be lad before
Congress"
twill require good deal of general ab-
stract reasoning to shew,' that both Jackson
and the President did not consider this as a
regular, legally constituted court martial; and
as much more of the same sort Of logic to
prove, that the men were not professedly and
avowedly executed under and by virtue Of
/ the sentences which that court rendered. Ii
, this were not the fact, why did Gen. Jackson
set aside the second sentence in AmbTister' S
case, and ratiiy the first Why Is the exam
iaatlon, if itwas merely an inquiry, called a
trial, and the result legal conviction The
truth is, il is the effect oia desperate resolu.
ton oa ihe part of the writers to yindicate the
transaction, sanguinary and savage as ii was,
| for the purpose OF screening It's author from
The punishment be So richly deserves, aud
which the character of the nation and govern
menl IS so deeply concerned i'll seeing adj
mmislered. =
In what fight does Gen. Jackson stand, and
every other person actively engaged III the
destruction OF the lives of these men, ii the
ground of Justification assumed by these wri-
ters be correct !-UEder The forms OF mock
tribunal, illegally constituted, and OF course
without any power whatever, they were ar
raj .ned, tried, condemned, and executed. If
tins be so, every man Of them Is murderer !;
and should they be alraigned before any in
telligent and independent tribunal, on the
charge, and have no better defence than this,
they must inevitably expiate the offence in The
same manner that the orders Of Gen. Jackson
we're executed upon Arbuthnot and Ambris-
ter.-N. \. .ldv.
Among the documents relative to the Semi.
al. tSta Ia. Ia hef
from MIR. Secretary Adams to our Minister in
Spain, d..ed The 28.h Nov. lsst-Some notice OF
which appeared in the last Gazette. Its great
lspgth prevents US from giving it sntile but
as II is a state paper of considerable Importance,
our readers are here presented with Tie concIu-
ding part It.
6 The exposition of the origin, the caus
es, and the character of the wal With The
Seminole Indians and part Of the Creeks,
combined win M'Gsegofs mock patriots
and Nichols negroes, which meet ssarily
led uui troops INTO Florida, and gave rise
10 all those Incidents of which Mr.. Pizarro
so sehemenIy-complains, wall il is hooed.
enable you TO present other and sounder
views oithe sapleCt to his Catholic Msics-
ys government Il will enable you 10 s.ow
that the occupation OF Pensacola and St,
Marks was occasioned neither by spirit
OF hostility 10 Spain, nor with view la ex-
tort, pfemaiurely, The province from her
| possession that it was rendered necessary
by the neglect OF spain 10 perform her en-.
| gagements oil restraining the Indians from
| hostiiities agains, the u States, and by the