Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1819-03-23

\ SO much for the offence of Arbuthnot SIM.
posing tia, offence TO have been proved in the
most uneNceptonabe names. But how was
III proved, OF attempted TO be prov ed I'M po;nt
OF faci' Our readers will scarcely believe ms
"neh we say, thai the principal eUegatioa a.
gaihst MN was heid TO be proved. by the testi-
mony OF man, who detailed from Hieaorv fhe
substance OF letter, when was said To he
addressed 10 Que OF the Indian Chiefs. We
say, sdid 10 be addressed for when asked Inv
arnutnhot himself whether iIs conld swear
that the letter really was addressed To thar
chist lie answered he could nut +! The ietter
Itself was not produced al all no nor even An
attested copy oft but simplv the assertions
o, hlan, wh" sa'a he had read il, ,yhe said its
| ouJeVt was 10 inciie particular chieftaiu 10
hostiiltieS; But, who refused to take his oath
that II was actually addressed to that cbiettoin
ihe only proof OF the existence of snch "A letter
al all was the bare assertion of this ivi,,,,,I
aideu by the !al.ibIe recollection OF "a ireache,
rous memory. Ihen there is another ietter
which Is supposed" TO be addressed TO Eoyy
'eSS, another Indian Chief. supposed to he
addressed! Aud lastly, the testimony of n man
OWN. HambIyl whose character and vb"s'.
previous conduct ought to have rendered il
imperative upon the Court To ieauire tl,at his .
eviue"oe should be strongly corIoborated by
other witnesses. SO far however from mr.
SUNG this course, they all.ved tlat NAM -
give aspecies OF evidence totally inadnissibIe
by The practice of the COnrt Jndicatn,. r.,
,,'he' I'D me testimony OF savaees is declared
'o ne ihaunhssihie, because they cannot con.
prehend tue nature and obligation II a in,li,.;aI
oath Bot il would seem they were -, ea,a
TO shed Arbuthnot's blood that TO attain their
lhey committed douale violation of
All iesalptoceedlngs. They not ouIy allowed
tianOiS TO give hearSay evidence bat thar
hearsdy evidence was the evidence OF those
very savages whose personal positions Is ouid
hot De received IN any Court OF Law i'm the u
states sionstrouS as this may seem, incredi-
NE asst rfay appear, black and infamous as IL
i@ohS, IL Is yet true! And what makes Tie
c"oihitS greater. is, that Hambly was the
| All L..
evidence, II II had been credible and his hear
say evidence. u IL had been admissible. we're
the strongest OF all that was produced against
the unfortunate victim.
Such was the mock ery of iustice with ,,L;c,,
the proceedings were carried on-'Vhere are
other points which might be adyerted TO. of a
character little creditabie to the Court who
Tried the cause, or Ia The Government which
has hitherto forborne all pnbiic ceusnre ~
us conduct. Bat we Will not now enter info
them. We will venture 10 saw without fear NJ
contradiction, that there was nothing done by
ArDhthnot which could hastily tile pHtti,,,. ,i,rn
to death As to the miserable ,retaxt tl,,t Lt.
supplied the Indians with munitions OF war
what did the evidence prove? Thai AN ,,,irh
ne Snle t"tm' IN hlS capacity as u trader, would
not nave been sufficient for their wants as
hunters, for two mOntIs. little gunuovder
ana few ponnaS OF lead were what he sold
10 ne distributed among four or five hundred
,nul@.s' VINO we suppose, thus furnished
were 10 oYerTun the u. States and scalp All
tneir citizens. Bnt. in point OF fact the sun
plying them with those articles constituted a
regular part, orrater II is the ouiy traffic that
- ~ X" on win those people, who require
then as the means of pursuing The game
which they Kill, parity for food and partly
mat they may barter the skins With re-
spect To the other charge of exciting and
siifIing mp The Creek Indians TO war there
was not title of evidence TO prove II ~
oept the eearsay testimony of Han,hlv
winch Use Court ought la have rciecied with
l ~ On The contrary ali the letters
clearly establish, that he sought rather To-
d'ssnade them from hos,iIiies In his letter
70 hiS son, marked A, he says, tell my friend
nowieck, that ~ - throwing away his people
10 attempt to resist such po,CegJii force as ,ciH
De d0wR on SdhirdhRse." IL was certainly nro
ved, that he strOve TO obtain for The persecu-
tea ewne's OF the soil the full benefit ofthat
stipulation iii The treaty with Great Rrit.i,,
which guaranteed their possessiohs. and cow
sahted Tor their safety. But we have VET TO
learn, that according TO the law OF nations or
according to any law, the doing SO was a
The arguments we have urged above will
Apply WIN pretty fearly equal force to The
ca OF AmbriSter. Thai he was less ,yuiIty
esei "a the opinion OF such Judges as an Anne.
iicdh Court Martial. than AFbuthnot may ne
inferred, as we have already said from, tho
circumstance, that the Courf amended tbeir
hIst sentence, which doomed him to death.
ana awarded him Iaider prnishmenf-JI,is
aCt OF JUDICIAL mercy, however. it pleased tl,-
sanSuiIai jackson 80 obstruct OF his n1,n
accord, he set aside tie second sentence 80
oi0eteG me hrst 10 be carried iNI0 immediate
execution his alrocions cruelty exceeds
any Thing yetTecoTdedOf that man eve,, liz
detesiaDe stratageB, of causing the BriiiJ,
las 10 DC hoisied GA board an A neiicap vessel
loi tue purpose OF decoSing two Indian Chiefs
whom ne hHuS up at the mast head fine nm
ineH, tne "nSuSPeciins SaVages stepped upon
the deck.-Ibe Americans seem 10 be mora
OF tins man. We should blush were he an
EnSiisinaD
NJ hn.i l.
savage propensiiIsS? BY the warranf iIudrr
wiiici the Gomrt Martial was constituted ,hev
are directed 10 record their opinion as 10 t,.
guilt or Innocence OF the.priSoners and ,,bat
punishment II any. should be inflicted ~
huInanity,Ii common 'decency, therefore had
no influence over Jackson, respect for the
authority OF tie Court, 1t appears to as, ought
TO save made him ratify its last uot ne 80
sentence. Happily and for the honor If Nm
man nature, ~e do not believe anotheriustauce
can be produced, IN country calling itself
ciViiized, Wnere Court Of Jndicature iiayinl,
re-consldesed its own sentence and anunIlad
severe punishment, i'm order 10 substi,utes
mider one, which ii must be SUPPOSED thev
best knew was adequate TO the crime. mo
executive authority has disregarded the
meTcitni disposition OF the JUDGES In (, ratit,,
AN individual baTbarity of disposition WIst
course our o"n Government will pnrsue. we
presume not to aRticipate satisfied as we
are, mat IT will be consistent With the
national honor, which is cOmptou,fed i'm the
sacrifice of those two British subjects fl IS
more than probable, the subject viii be
brought under the notice of Parliament hen
we may eXpectsOme Interesting explanations
VIII be given. Meanwhile, it the American
Government have 10 other proofs 10 submit.
Than those winch have heen laIh before Con-
gfeSS' mere Gamble but one Opinion a, to the
ubiquitous character Of the transaction.
lCOUrier
From Wddrid, Dec appears that
The grand plan which now occupies the (
attention Of the ministry, but more parli-