The Portland gazette., 1819-01-26
18th Congress-. I'D Session
HOUSE OF REPRESENTATIVES,.
TUESDAY, JANUARY II.
SEMINOLE WAR, &c.


MIR. r. Nj. Nelson, from the committee on mil,
itarv affairs, delivered in the following report:
sTha committee on military affairs, to whom
was re ferred that part Of the presidents message
Of the 18th November, 1918, which relates to the
proceedings ofthe court m&rtial, IN the trial oi
Arbutbnot ard Ambriser, and TO the conduct oi
the war against the Seminole Indians, Report
That, after perusai 0 the various documents
sn5mitted 90 congress- on the subject of the Semi
ss5Ee year they End much difficulty in separating
the responsibility of the commanding officer 70 MS
government, from the obligations of the U. States
to Spain: but. as the occupation and capture of
Pensacola and ST. Marks, are subjects of negotia-
tion and correspondence, at this time, between
the two governments, and as the committee on
foreign relations will, probably, consider this
part Of the Presidents message more Immediately
j connected with their branch of the subject, your
committee Will confne themselves, in this report,
to the trial and execution OF Alexander Arbuthuot
and Robert O. Anbrister.
/ On the 10Th April, 1913, general order issu-
ed Al head quarters, fort st. Marks by major gen.
erai jackson, signed by colonel Robert Butler,
/ adiutant general detailing s'a special court mar
tai to meet at l2 O'clock vi. E,r the purpose Of
inves igating charges exhibited against A. ATbuth-
not, r. &. Ambrster, and such others who
similarly situated, as nay be brought before it."
Your com nittee do not deem it necessary to
attach to their report the proceedings OF that
court, az every member of the house has been
furnished with several copies, to which reference
can be made
Your committee can find no law Of he United
States, auth 7rising trial before military coart
for such offences as are alledge3 aga.ast 4rb9tl-
not and Ambrister excfg5 ga rauch oi the second
charge. as charges Arbuthuat with I" acting As a
spy Of which part ofthe charge the court found
him "not guity'') nor in the opinion ei yovr
committee does any usage authorize, or exigency
appear from tie documents accompanying the
report Of the trial which can justify the assump
ton and ex ercise Of power by the court martial,
and the commanding general on this OCCASION
1t is admitted AS maxim Of the law Of nations,
that, when the war IS with savage nation which
observes no rules, and never gives quarter we
may punish tAem in the person of any Of their
people. whom m&y take, belonging to the
number ofthenl) and eHdeavor by this rigorous
proceeding 10 force them TO respect the laws of
humanity. Wherever severity is not absolutely
necessary, mercy becomes duty. In vain has
| your committee sought among the documents on
| The subject Of the Seminole war fer a shadow Of
necessity for the death Of the prisoners arraigned
! before the court.--Ihe war was at an end 10
all intents and purposes--the enemy's strong
/ holds had been destroyed--nanv of them killed
or taken prisoners, and the remainder feeble
! band dispersed and scattered in every direction,
The Spanish fort of st. Marks which it was sup+
posed, and no doubt justly had protected them
| was also in our possession, and so entirely was
the war consider to be terminated, that the
Georgia militia, under general Glascock, had
returned to their homes. Then where was the
absolute necessity which alone could warrant
departure from the exercise Of that clemency, Of
which the u. S. has heretofore SO Justly boasteds
! Your committee find, in the general order OF
the 2qth April, in which General Jackson orders
the execution Of Arbuthnot snd Ambrister, this
remarkable reason, intended as a justification Of
the executions, principally of AmbFisteT, but ap
plying To both Arbuthnot and Ambrister, s it is
an established principle of the law of nations,
THAT any individual Of any nation, making wara
gainst the citizens Of another nation, they being
at peace, ferfeits his allegiance and becomes ar
outlaw and pirate" 1t mayb asked by what
system Of Interpretation the offences charged
could be considered as piracies, which imply in
common acceptation, offences upon the high
seas Of which the court could not assume cog
nizapce and it is equally difficult to undcr-
stand the proprcty of the application Of theztcrm
A, outlaw to the ofenders--a term, which ar.
plies only to the relations Of individuaB with
iheir orrn governments 1t will not be pretend
ed, that La Fayette, who volunteered his SER
vices il the cause Of America, in the war which
established our independence, forfeited bis allie
glance, became an outlaw and subjected him
self to an ignominious death, had he fallen into
the hands Of the English OR can il be beliey-
ed that one voice would be heard in justification
of Spain, if she were to execute such Of or
countrymen as she may make prisoners, while
fighting in the armies Of the South American
Patriots And ifthese cases should not be con
sidered Of such nature, as to warrant resort
to 80 severe 2 measure, while they occurred with
q people 10 state of revolution, and considered
by the parent countries to be in state Of rebel
lion, much less could these men (ArbuthD3t ant
Anbrister, be considered liable to IT, zho wers
acting with a power acknowledge !, and 4reate'
sovereign and independent by -
Your committee beg leav 4 ralI 80. Ara
ton particularly to the ..a,s of = a,.;ssa 80
who after having be- = snbisnteS u eeI =
ioFe couFe nhic" had no cognizarce Or. ia,
h dicuon over the offences charged against nm
was shot py order of the commanding eonara
contrary !" the FIRMS and usages OF The arm,
am ~" out regard TO the fndirg of that c6,r
! whcch nad heen instituted as guide fof. hi,u
II 4o1r caaHilttee nstst here ID iustice fJ the
G sEh feelings, express their extreme regret. ta
= mas becoDe their duty to disappTcx.e the COZ
euR p ,nc ,yho has, ca 2 faueg. gscassoi