Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1819-02-02

ieduS. 80. Under tueir construction, Tile
most ignOrani, besoi;ed corporal, in your
service, If in command, may assume The
exercise Of it.
And now, sir, 10 the necessity of the
case. General Jackson, in his letter to
the Secretary o! War, dated Goth April,
page OF OF The documents, saws, the
war is ended for The present" I'm his
letter OF the 26tll of ihe same month, (ihe
very day on which The order issued for
The court MARTIAL after detailing some
plans cor securing the conquered coul,-
try, this valuable acqnision TO the re-
public" he says shall proceed direct
10 Nasiiviile-my presence is no longer
necessary nihis country" Why was il
not, Nj. Chairman? The war was at
atend, and no necessity existed for reia-
iia''on. " he possessed the power, Gle.
mency became, y duty Colonel Butler.
Adlufant General, in hrs report 10 the War
department, informs us, flat, OH tho 20,h
April. General GlasscOck Mas ordered 10
march Iis brigade 10 hartford. Georgia.
ana muster them out uf service. On the
2ftli. General Mcintosh, commanding
the friendly Indians, was ordered 10 fort
scott 10 muster them out of service
How then, Mr.. Chairman, can these exc
ecutlons be justified upon the plea of ne
cessliy ! Tue war was a, am end. 10 all
iafenfs and purposes, Notwithstanding
Gen. Jackson chose afterwards TO renew
u against Pensacola and the fortress Car
los lie BarrancsS.
Will endeavor 10 show. that Arbuthnol
was pardonable in the view he took of
Indian rights, in relation TO the land OBJ
tanned by the United States, by The trca-
~ of Fort Jackson; as many, less ipno-
rant than he is presumed 10 be, construed
ibe 9th article of the Treaty Of Client 10
mean What il expresses-to obliye both
parties 10 restore 10 such tribes or ma
lions of Indians respectively. all the pos
sessions, rights and privileges, WHICH they
may have enjoyed or been entitled 10 i'm
one thousand eight hundred and eleven"
II viii be recOllected that Tho treaty of
Fort Jackson was made in 1874 Sir, will
IT not admit Of a doubt in yonr mind
whether uie land obtained under that
treaty is justly held ? Particularly when
II is remembered that the treaty was no.
torionsly mSde with the friendly chiefs
only, who constituted aboni one third of
the natIen. This circumstance, although
not susceptible cf proof al this time.
IS strengthened by the face Of The treaty
itself. Ii is tl,eFc TO be found, that the
within the coded territory, is expressly
reserved, establishing most clearly, that
the friendly chiefs ceded 10 us that which
did not belong 10 theui, and thai which,
III my humble opinion. we are bonnd TO
restore.
In further eXtenHation If Arbuthnot, It
will be recOllected that he>Mas residing,
as he had right to do, among these pe0-
pie; lie enjoyedl protection IN bis person
anu properly he shared their isospiiaii
lies and kindness l,e was in fact an In
dian. fieno oubt,prompied by one oftlie
noblest principles ST our nature, ~spoused
their camse-became their friend and adj
wiser. lie had a right 10 do so. And
snail II be said IN the Hall Of an Ameri-
can Congress, that he who obeys he die.
tale of gratitnse TO an Indian deserves 10
die! hope not.
wiIlnow pass ON to The evidence mon
which Arbuthnot was convicted. In adj
dition tofEe objections made in the re-
port 10 tbat part OF the proceeding Of the
court martial, must be allowed 10 say.
thai should be extremely cautious. al
any tlsie, how found a man guiiiS eiibe
forfeiture of his life, upon the testimony
oil his persona enemies aud ii will be
recoliecied by the committee that Two of
the principal Witnesses were proved 10 be
such IN the examination before the court.
The fact was acknowledged bv Que, and
correspondence with the other, exli-
blled III The trial, establ shed il as 10 the
other.
l wiilno take short view Of Ambris-
ter's case: Some of the arguments which
have offered TO the committee. which
eXienuate the offences charged against
Arbnthnot are applicable also 10 him.
lie was living with the Indians enjoying
i!leir protection and Kindness. He too,
from iiiai principle OF gratitude inherent
IN man, was called upon 10 aid aud sue
cor them III time of distress and emer-
geDcy. will pOi say any thing of the
quotation from The law Of nations, under
winch Gescral Jackson jHstifiest the exc
culions that is put 10 rest by the report
But The advocates Of General Jack son
again meet us with The law OF retaliation.
Let us suppose, for argument sake, ana
for argumc,h sake only, that he possessed
The right was moi thai right waved bv
his submitting The case tot court martial,
n iIoseniencrd Tie prisoner TO one punish.
meHi, and the commanding general to a.
DotheT I'D greaier-de0fb In doing
SO, he violated every principle Of law and
justice ~ my opinion. Even suppose
iiIatAnbristcr was legally tried. and Ie-
gally convicted, lie cannot be considered
legally punished, when the punishment
exceeded, farcxceedcd, the sentence of
the court. Sir, feel that the detail of
circumstances 10 which have confined
myself, and which aust be familiar 10
every gentleman Of the committee, musi
be uDuteresiIug | will leave the subject
Ia better hands than mine to comment
Ou.
Mr.. JOHNSON, Of Virginia, said, il vas
with sentiments very different from those
which are pIessurable, that I,e entered on