Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1819-01-16

yorsb!e icrort Oh The petition of James
Doyle Which Was ordered 10 lie on the
table.
Mr.. RoSe, fson, from the committee on
private land claims, made an unfa, orable
report on Tie petition Of Ann Brashears
which was ayr ed to.
MIR. Sergeant, nom the committee on
roads and canals, 10 which Was RECON-
united bill authorizing the subscriptions
at stock in the Chesapeake and Delaware
Canal Company, reported The same with
OUT amendment, which Was committed 10
IA committee ofthe whole.
The Speaher laid before ihe House of
Beprrsentaii,e "a letter from VIM. Lam
bert. accompanying 200 copies of Alb
siracts OF Calculations 10 ascertain the
longitude OF ihe Capitol, in The City OF
Washington.
The Speaker also laid before The House
three letters from the Secretary oil The Ma
Ny.enclosiug a statement of contracts
niade by the Commissioners of The Navy,
during the year 1918: a statement con-
iainin., The names and salaries of the clerks
employed in the Navy Department, du-
ring The Year 1918 ; and statement ofthe
expenditures and application of the mo
neys drawn 'front.' The Treasury on account
Of the Navy, during The year ending on
The 3Oth September, 1918, and of The I'M
expended balances of former appropria-
tons, remaining i'm the Treasury OH the
LIST October, 1918: which were ordered
10 lie on HE table
Daniel Moss, was read the third time,
passed, and sent 10 the Senate for concur
renee.
TUESDAY, JANUARY IL.
SEMINOLE VAR, &c.
MIR. T. III. Nelson. from the committee
on military affairs, delivered i'm the follow
ing report:
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 ArbuiiI-
not and Ambrister, and TO the conduct
OF tile war against the Seminole Indians,
Report
hat after Perusal ofthe various documents
submitted 10 Congress the subject of the
Seminole war, they find much difficulty in
separating the responsibility of the command
ing oincer, to his government, from the obliea.
tons of the Unted States TO Spain But IA
Tue occupation and capture of Pensacola, and
ST. Marks, are subjects Of negotiation and cor
respondence, at this time between the two GO
'ernments. and as the committee on foreign
relations will, probably, consider this part of
the PresideDfs message more immediately
connected with their branch of the subject
your committee will confine themselves, in this
report, 10 the trialand execution OF Alexander
Arbuihnot and Robert C.. Ambrister
On the 10th April, 1918. general order
iSsued at head quarters, fort ST. Marks, by mai
gen. jackson. signed by col. Robert BaiIer,
adJuiant general, detailing " IA special court
martial, 10 meet at ~ o'clock A. NJ. for the
purpose of investigating charges exhibited
against "A. Arbuthnot, X. c. Ambrisier aud
such Others who are similarly situated as may
be brought before it,"
Your committee do not deem it ne cessarv TO
attach to their report the proceedings of that
ceurt, as every member OF The house has been
furnished with several Copies, 10 which refer
ence can be made.
Ionr committee can find no law of the L. S.
1uiIoiisng trial, before military court for
snch offences as are alleged against Arbutinot
aud Anbfister, teXcept SO much of the second
charge, as charges ArbuihnOt with Z" citing as
spy" OF which part Of the charge the court
found him not guiiy') nor in the opinion OF
Your committee does any usage authorise. or
exlgency appear from thu documents accompa.
nying the report of the trial, which can Justify
the assumption aud exercise of power by the
court martial, and the commanding general, on
ints occasion. III is admitted, as 4 maxim of
the law OF nations, that, when the war is with d
savage nation which observes rules, and ne
yer gives quarter, we may punish them in the
person of any of their people, whom we NAV
take, tbelonging to the nn,nber of tbem,) aud
endcavor by this rigorous proceeding to force
them 10 respect The laws OfIunaHity. Wherever
severity Is not absolutely necessary, mercy be-
comes a duty. In vain has your committee
sought among the documents sn the subject of
rue seminole war tor a shadow ct necessity for
the death of the prisoner arraigned before the
cOurt. The war was at all eHd to all intents
and purposes-thc enemys strong holds had
been destrOyed-mauy at them killed or taken
prisoners, and the remainder, feeble band
dispersed and scattered III every direction. .
The Spanish fort of 81. Marks which il Is as
supposed (and no doubt JUSTIFY had protected
them, was also III ourpossesslOn, aud so entirely
was the war considered 10 be terminated, tia
the Georgia militia, under general Glasscock
had returned 10 their homes. Then where was
tho dbsoiute necessity which alone could " arraut
departure from the exercise Ofibat clemency
OF which the United States has here iotorc SO
Justly boosted!
Your committee find in the general order of
the 10Th April, in which general Jackson or
ders the execution of ArbutimOt and Ambris-
ter. this remarkable reason, intended as a inst.
ficaiioD of the executions, principally OF AM
brisier. but applying to both Arbuthnot and
Ambrister: " it is an established principle of
tHe law OF nations that any individual of
natiou, making war against the citizens of
another nation, they being at peace, forfeits
ms allegiance, and becomes az Outlaay and "A
pirate" II may be asked by what system of
interpretation tie offences charged could be
considered as piracies which imply in Common
acceptatiOn, offences upon the high seas. of
which the court could assume cognizance :;
and II is equally difficult to understand the
propnety ofthe application of lie term :. ont
law, 10 I lie oiienders-a term, which applies
only 10 the relations of individuals with their
OTn governments. II will not be pretended
that La Fayctte, who volunteered his services
in the cause OF America, in the war which
established our independence, forfeited his
alleg idnce, became an outlaw and subjected
himself TO an igBOminious DEATH had he fallen
into lie bands OF the English Or can il be
believed thai one voice would be heard in ms.
titira,lon OF Spain, it She were TO execute such