Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1819-01-19
CONGRESS.
REPORTED for tae National Lnteaiseneer.l
HOUSE OF REPRESENTATIVES.
TUESDAY, JAN. 49,
CLr1yTNTn r.,

tS6bIINOLE w AK, &c.
Mr.. r. M Nelson, from the committee
on military affairs, delivered IN the follow
ing report:
8 The Committee on military affairs,
TO whom was referred that part of the
Presidents message, of the 18th Novem-
Der 1918, which relates 10 the proceedings
OF the court martial, in the trial of Arbutll-
not and Ambrister, and to the conduct
of lie war against the Seminole Indians,
Report:
That aftera rernsal ofthe various documents
submitted TO Congress on the subject of the
Seminole war, they find much difficulty in
separating the responsibility OF the command
ing officer, TO his government, from the obliga-
lions of the United States TO Spain But, as
the occupation and capture of Pensacola, and
st, Marks, arc subjects of negotiation and cor.
respondence, at this lime between The Two GO
yernments. and as the committee on foreign
reia;ions VIII, probably, consider this part of
the Presidents message raore Immediately
connected with their branch OF the subject,
your committee will contine themselves, IN this
report, 10 the lriaia and execution of Alexander
Arbuihuot and Robert c. Ambrister.
On lbe 26th Aprii, 1873. general order
SSsacd<t bead quarters, iorf st. Marks, by MAJ.
gen. Jackson, signed by col. Robert Butler,
d'Iuiant general, detailing "a special court
martial, To meet at II O'Clock a. Nj. for the
purpose of Investigating charges exhibited
against A. Arbuthnot, Il. G. Ambrister, and,
shch others WHO are similarly situated as may
be brought before it,"
Yonr committee do not deem il ne cessarv 10
attach to their report the proceedings of thai
court, as every member of the house has been
furnished with several Copies, to which refer
ence can be made.
Your committee can find no law of the u. s
authorising d trial. before military coHrt, for
such offences are alleged against Arbuihnot
and Ambrister, Except so much of the second
charge, rs charges ArbuthnOt with - acting as
a Spy, OF which part of the charge the court
fou.Id n not eguilty'l nor in the opinion o
your committee does ANY usage authorize, or
eXlgency appcarfiom Tho documents accompa
nytnG tie report or The trIal, which can Iustlfv
the assumption aud exercise OF power by The
court marital, and the commanding general OIL
this occasion. II is admitted, as a maxim of
the law OF nations, that, when the war is with d
savage hatIOn which observes no ruiRs, and ue-
yer gives quarter, we may punish them in tue
person of any OF their people, hem we NAV
take, (btionglng to the nnmher. OF them) and
endeavor by this rigorous proceeding to force
them 10 tespect the laws OF Humanity. Wherever
severity is not absolutely necessary, mercy be-
comes duty. In vain has your committee
sought among the documents "a the subject of
the Seminole war for shadow of necessity for
tue death OF the prisoners arTdIgned before The
court. The wal was at an eHd, To all iutents
and purpOseS-the eDenSs strong holds had
been deStroyed--maEy OF them Killed or taken
prisoners, and the remainder, feeble band
dispersed ana scattered IN every diTection,
The Spanish fart of st. Marks, which il was
supposed aud no doubt justly had protected
them, also ~ our possessions, and so entirely
was the war considered to be terminated, thai
the Georgia militia, under general GiasScock
had returned 10 Their homes. Then where was
the absolute necessity which alone could warrant
departure from the exercise ofthat C. euiency
of which tue Uniied States has heretofore so
justly boaStedY
Your committee find in the general order of
the 18th Aprli, IN which general jackson or.
deTs tile execution OF Arbnthnot aud Ambris.
Ter, this remarkable reason, intended as jnsti.
AcatlOu Of the executions, principally of Am.
briSter, but applying to both Arbuthuot aud
Apibrister a. IL is an established principle of
Che law OF nations that any individual of a
nationi making war against the citizens OF
another nation, they being at peace. forleits
his allegiance, aud becomes an on tlsfw aud a
pirate" Ii may he asked by what system of
Interpretation the offences charged could be
considered aSpiracies. whIchmply, in common
acceptatiOu, offences npOn The high seas of
which the court could assume cogBizanee.
aud it is equally difficult to understand The
propfiety o. the Application of the term out
law, To the oHeudeIS-a Term, wkicI applies
ONLY 10 the relations Of individuals with fhciy
arm governments. Ii viii not be pretended
that La Fayette, who volunteered his services
ia The cause OF AMERICA, in the war which
established orr Independence, forfeited his
allegiance became an outlaw and subjected
himself 10 an igHOminl0us death, had be fallen
into the hands of the English. Or can il be
believed that one voice would be heard in ius.
tihcaiiog OF Spain, il she we're to execute such
OF oar cOEntrymen as she may make prisoners,
while fighting in the armies Of the South Ame-
rc4n Patriots! Aud 1t these cases should not
be considered Of such "A nature, as to warrant
resort To severe measure, while they
occurred with people in state OfFeVoluliOn
and considered by the parent countries to be
IN a state Of rebellion, much less could these
nen (Arbuthnpt aud AmbII~teF,) ne consider.
ed liable 60 ~. who wete acting with power,
acknowledged and trsated sovereign aud
independent by US.
lUnr committee beg leave 10 call your atten.
Ton particularly to tlie case OF *. &. Ambrstcr,
VINO alter having been subjected 10 q trial be.
iuie cont which had no cOgnlzdnce OF urls.
dieiion over the offences charged against him.
WAS shot by order OF the commanding general,
contrary TO the forms and usaees OF the army,
and without regard 20 The fIndinH OF That