Alexandria gazette & daily advertiser. [volume] (Alexandria [Va.]) 1817-1822, 1819-01-16

I
reconsideration of the sentence, it was
agreed to; and, ON revision, the court
sentenced him to receive 90 stripes on his
bare back, and be confined with ball and
cham to hard labor for 19 calendar months.
Gen. Jackson approved the sentence in the
case of Arbuihnot; and in the case of Am
brister, he disapproved the reconsideration,
and confirmed the first sentence. They
were both executed accordingly. In rela-
first magnitude present themselves, which
the committee have deemed it their duty 10
investigate. Was gen. Jackson justiiabIe,
after marching his army across the line, i'll
TO the territory of Spain, in taking posses
sion, By force OF arms, OF the Spanish posts.
St. Marks ana Pensacola Had he the right
to punish Alexander Arbuthnot and Robert
G.. Ambrister?
From the facts submitted, it is perfectly
evident that the Spanish authorities in Flo
rida did not retain that neutral character
which was necessary TO render its territory
sacred but, by their own acts, either of
hostility or imbecility, they made thai ter
ritory the seat Of war. Independent of the
solemn obligations oftreaty, whereby Spain
engaged to keep the Indians within her
territory at peace with the United States,
no principle is more firmly established by
the laws OF nations, than this, that nation
at war has the right to pursue The hostile ar
my into the territory OF neutral nation,
and to make that territory the seat of war,
when either the weakness or partIality of
the neutral nation shall suffer the bellige-
rentiarmy. retrrating into its ~
there to rally, collect strength, and provide
supplies, to enable them to renew the con-
tiict, ana especially when munitions of war
shall be supplied, either by tie citizens or
authorities of the neutral nation.
But, in the consideration of This subject,
it should never be forgotten that Span vas
bound, by the solemn stipulations of treaty
with the United States, herself 10 have
fought these battles or, il too weak tt have
done so, at least to have made common
cause with the United States against these
lawless tribes OF savages. The United
States have never recognized the Indians,
within her territorial limits, as nations ab-
solutely independent; hence il has ever
been considered the duty OF the Executive,
when they have been guilty of murders and
depredations upon our citizens, either in
plundering parties, or in the more formula
BILE aspect of Indian armies, to order against
them the military force of the country, or
call into service the militia, as the case may
require, to check their barbaritcs, and to,
punish their crimes.
In accordance with tins principle, the ey-
ecuive has ever acted sincethe conmence-
/. ment of the present government. Re-
peated and bloody. depredations upon
, our southern frontier, in which peaceful
huSbandmen, defenceless women, and in
nocent children were made the victims of
savage ferocity, not only rendered it ne
cessary 10 put into operation the military
; force of the nation 4; but the sheltering Of
the Indians beyond the limits of The Uni
, ted States gave occasion for the orders TO
General Jackson, 10 pursue them beyond
these limits. If Spain regards the Indians
in the same light. it was a duty no less
incumbent upon her by the laws of nations,
than by treaty, to have repressed their law
less depredations-and, i'll her agents fall
ing to do so, il, through neglect, they
made themselves parties in the war or if
through weakness they forfeited the right
of sovereignty in that territory where they
fniled to maintain at. But, if Spain re-
CARDS the Indians as communities absolute
ly Independent, then the territory by right
of occupancy, belonged to the Indians and
not to Spain, and the invasion was of the
enemy's territory Had the commandant
of The Spanish post at ST. Marks done lis
duty, in Withholding from the enemy sup
plies, and in denying them refuge within
the reach of his own fort, the Bece ssity of
inierrupting his garrison would not have
existed nor is 1t presumed that any at
tempt would have been made by General
jackson TO possess himself of that post
And it is also presumed that his orders to
respect the Spanish posts were predicaIed
upon this supposed state of things. But,