Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1819-01-28

lore them. III would be arguing TO little
purpose toprovc, that the crimes contain
ed in these charges were not embraced
In the rules and articles ofwar. Itwould
besutlicient. at present, simply TO deny
that they were, until those who differed
from him III opinion attempted to prove
The affirmative oftfie question.
Mr.. c. thought il would be AN attempt
equally truiiless 10 prove that the matters
charged against Theses individuals consti-
tuted an offence against national law, for
which they were answerablc before court
martial. He did not profess TO be deeply
read in the law of nations. He had, how
ever, searched, i'm The hope that he could
find some Justification for this most no
vel proceeding, all the writers OH that
subject, upon whose works lie had been
able To lay his hands. He had com
menccd and prosecuted this search UNI
der the most anxious wish for success. Ii
had been an object of great solciiudr
with him to rescue both the court and
the general who ordered it, from the im-
puiailOn of injustice. He had been com
PEELED 10 desist. chagrined and disap-
pointed. If any other gentleman had
been fortunate, he should rejoice TO learn
it. He certainly could have 10 isIi to re
main in error.
The next point occupied by Mr.. Cobb
WAS as 10 the evidence underwhich both,
rome OF these men, were convicted. -.
lie should not say much upon ii, for lie
did not intendto analyze it. He had un
derstood, and no doubt correctly, that
the rules of evidence lin courts martial
differed very little, in principle, from those
established in the courts of common law
1t was so declared. he believed, by the
only American authority (Macomb on
Martial Law That lie knew any thing OF,
on that subject. He presumed it would
not be denied. But, sir, said he, if we
test the evidence produced III those trials
by these rules, we shall blush at the
shameful perversion of justice therein
displayed. The evidence OF papers, not
produced or accounted for, the beiief Of
persons whose testimony of facts ought
TO have been doubted, hedrsay, and that
OF indians, negroes or others, who, had
they been present, could not have been
sworn, were all indiscriminaiely admit
ted and acted upon. Miserable, indeed,
Will be The presidents established By this
court martial for others which may here.
after be formed More need not be said
on this subject.
MIR. c. next called the attention of the
committee to The sentence under which
Ambrister was executed. He had strong
doubts whether, upon giving a fair con-
structien to the Rules and Articles of
War, the proceedings of the court martial
oug.t not 10 have been laid before the
| President of the United States before the
sentence was carried into effect. But lie
waived the examination of this question.
1t seems that the court first sentenced
| Ambrlster 10 be shot bat one of the
| members having asked reconsideration
n psntnt hxaf,,
were submitted 10 the commanding gen
| eral, it was allowed, and another punish
ment awarded, as ignomiuious in lis ma
ture as imagination could well conceive,
but which yet spared life. Now, will il
be commended that this reconsideration
and change of sentence did not, 10 all in
tents and purposes, render null and void
the first sentence? Can il be said, with
any truth, that there was any other sen
tence than the one last passed, in The
ease? But, unfortunately, the first SEN
tencc was moi erased from the proceed
lngs at the court. Ii is there found by
the general, when they were submitted
TO him, and by ii high stretch of power,
he avaiis himself of it" approves the
finding and first acknowledgements
OF the reconsideration and last sentence"
and directs ibe man to be executed To
me, sir, said Mr.. c. this proceeding has
upon IFS face a cruelty that exciies my
| greatest Interpretations. The last thing
TO which MIR. G.. would call the attention
OF the committee was the principle by
| which the commanding general Processes
10 have been governed in ordering the ex-
ecution OF Ambrisier, and which, i'm its
extent, as coiRended by the report of the
committee, under consideration, applied
with equal force 10 the caseof Arbuihnot.
lis in these words Ii is an establish
ed principle of the law of nations, that
any individual of Il nation making war a.
galBst tile .citIZensof another nation, they
being al peace, forfeiis his allegiance and
becomes an outlaw and pirate" The
military committee, IN their report, have
very properly denied The establishment
oiany such principleinthe law of cations.
Sir, said MIR. G. | boldly challenge any
man OF common sense 10 prove the exist
encc OF such principle 10 the extent il is
here laid down. Reason, propriety, JUS
tice and humanity, all cry aloud against
such principle SO lar as my research
es have gone, il is absolutely denied by
the writers Oh national law and, sin
ceTely hope, will be absolutely denied by
every member of this committee. Iffhis
| principle was true, then La Fayetfe, De
kalb, Pulaski, and d large host Of foreign
ers, who joined the standard Of our faith
ers III tIIereyOluiion, and, by their blood,
and al the expeBce of their lives, aided
III the establishment of the independence
| OitlIlS nation, we're outlaws aud pirates"
and, had they been captured, were sub
| JeCt TO have been tried and sentenced TO
All ignominIous death, by court martial.
For, when they entered our service. they
were individuals Of nation al peace"
with England, and they, after they join