Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1819-02-18
CONGRESS-.
HOUSE OF REPRESENTATIVES,
DEBATE ON TIE SEMINOLE WAR.
CONTINUED.

lRefortsa for tae Nu,io,sal Intsiiisencsr-

DEBATE ON TIE SEMINOLE WAR.
CONFINED.
JANUARY 81.
Speech of Mr.. Alexander .Sssy.h Concluded.
will next consider the objections made
10 the conduct of General jackson, in the
execution of lArburhmo, and Ambrister.
Some OF my arguments on this brancl.
of the subject, have heen anticipated bv
the honorable member who has preceded!
me, the chairman of the military conl-
mi,tee, Mr.. johnson. OF kentucky,) and
il gives me satisfaction 10 find that INV
opinion agrees with that Of a gentleman
wso is as much distinguished by his hui
mainly as by his valor.
NV observations will chiefly relate 10
tl,e case Of Apbrister. as The proceedings
against him have beenthe most censurcd:
and what is said Of his case will in the
general apply 10 that of Arbu,hnot.
Twill attempt 10 maintain that Ambris-
fer was an OUTLAW, making war without
authority, instlgating savages 10 an un-
lawful war, a leader of bandp,i, aud
liable by the law Of nations and the ,isa-
ges of war, 10 suffer death
Ii was found by The special court mar.
tlai, that hn'Wister had led and comman-
ded lndans in carrying on war agains,
the United States, being British subject.
Peace exists between all the citizens OF
the United States and all the subjects of
Great Britain; and The Ens!ishman who
counsels, aids, or ahcis savages TO mas
sacre the people OF The United States, is
a murderer.
1t is the laws Of war. a branch of The
law of nations, that gives TO the COM
inanding general right 10 put prisoners
10 death, either for a violation of Tie
usages OF war, OF by way of retaliation.
In the one case, They die for their own
CRIME, and their punishment is Just; in
the Other, they are put TO death for the
crimes OF their party, and their punish
meni is justified by policy.
Among the crimes against the laws of
war, Tor which prisoner may Justly die,
are, J. Making war without authority. the
war being lawful. 9. Making war, il the
war is unlawful. B. Using means con-
srary TO the laws of war.
That article OF the laws of war that pro-
vides that he who fights wiihont authori-
~ Is liable 10 suffer death, seems not 10
have been rightly undcrs,ood by either
branch of the military committee bun il
Is a rule well established, and very be-
neflcial 10 humanity. General jackson
seems 10 me 10 have entertained cor
rect idea of the rule, but rot TO have ia
ken time, when giving his order for the
execution OF AniDrIsier, TO express him
self with sufficient clearness. should
inierpolate the rule as laid down by him.
and make il read thus cit is an csiai-
iisiled principle Of tie law Of nations. liza,
any individual OF a naiien making war a.
gainst the cIilzsBs(or soltiiers) OF another
nation, The nations being at peace land
having no authority by being in the ser
vice oil power making lawful war; for
feIis Tile protection OF his government
and becomes an ontlaw Tor robbcr, if he
makes war by ianG) or pirate, (if he
makes war by sea- The rule thus a
mended rs equally applicable 10 the case
oi Ambrister, as in Tie form cSuressed bv
General Jackson. And il is fmlly esiah.
iislied by the writer's on the law of ma
tions.
Ambrlster, being The snbject Of a pow
or at peace with tie united States, of his
own tree uill. without any authority from
any government, las dared TO make war
upon Tie UuIted States. Lei us hear what
Tie writers or The law OF nations saw nm
this case. National war is a conS;ci h..
tweea nation and nation. Ii never Gan
be undertaken or carried on but bv ,l,.
authority of tic sovereign. (a) There
lore subjects caDnOi act herein of Them
selves, and withouiiiie suyereirp's order
tney are not TO cemmiiany hos,hiy .(Jyrbe
necessity oil pariicular order is SO Tho.
roughly established, flIat even after dc.
ciarsiion oil war between two uatious e
inc peasants OF themselves commit nnv
nosiiiiiles, The enemy, instead of spariny
mem, hangs them up, as so MANY rob,
oers or banditli. (c) The violence com
milted by the subjects of one nation n
gAInst those OF another, without aulhn-
ri'y from their sovereign, are nov locked
upon as robbcries AND the peroet,stors
are excluded from the rights Of L,, cnj ~;
soners. IN '"' pr
1t appears therefore that. had war or.
tnally existed between the United Sjaies
and Great Britain, aud Ambrisfer had
without authority from his government
eomniiied hosiililies against The Unjtod
States, I've would have been Justly con.
ssidered as a robber, and liable fo bo
hanged by order Of tile commanding Off
Ger INTO whose hands he had fallen.
Tbs rule Of The law Of war, that no
one IS to fight without authority, wasas.
serted by Tie enemy in the war of our
revolution, III the case Of Colonel Ethan
Allen. tie advanced against Montreal
WIN a lew volunteers his party was
routed, and he himself made prisoner
ana, under pretext Of his Lavjng eefeJ
without authority, he was thrown into IRONS
an ~, sent TO Euglaid ~ a traitor. I1
THOSE who hill an enemy in war arc
excused 10 consideration OF their actin
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