The Portland gazette., 1819-03-30
PAYABLE YEARLY.

ed, that all former precedenls Justified, and
20 which the public sentiment gave decided
appreciation.
In reviewing the execution Of Ar5uihnot
and Ambrister, your committee cannot but
consider it as an unnecessary act OF severity,
On the part of the commanding general, and
departure from that mild and humane system
towards prisoners, which, in all our conflicts
with savage or civilized nations, has hereto
fore been considered, not only honorable 10
the national character, bat coniormable to the
dictates Of sound policy. These prisoners
were subjects Of Great Bftain, uith whom
the United States, are al peace. Having left
their country, and united their fate with saw
ages, with whom the United States were at
sea9, they forfeited their claim 10 the protec-
ten of their own government. and subjected
! themselves to the same treatment, which
might, according TO the practice aud pFinci
pies of the American government, be exten.
ded towards those, with whom they were as
sociated. No process of reasoning
can degrade them below the sayages with
whom they were connected. AS prisoners of
war, they were entitled TO claim from the A.
merican government, that protection. which
the most savage Of our foes have uniformly
experienced, when disarmed and in our pow
er. HUMANITY SHUDDERS AT THE
IDEA OF A COLD BL0ODED EXECU-
TION OF PRISONERS DIsARMED, AND
/ IN THE POWER OF THE CONQUER
tER. AND ALTHOUGH SAVAGES,
WHO RESPECT NO LAWS, MAY, AC-
CORDING TO THE STRICT PRlNCl-
PIES OF THE LAW OF NATIONS,
HAVE THEIR OWN SYSTEM OF CRU
lELTY INFLICTED ON THEM, BY WAY
OF RETALIATION, IT IS BELIEVED,
THAT SUCH A SYSTEM WOULD DE-
GRADE AND DEgASE THE SIViLfZED
NATION WHO COULD RESORT TO 1T,
AND IS NOT ONLY REPUGNANT TO
THE MILD PRINCIPLES OF THE
CHRISTIAN RELIGION, BUT A VIOLA
TlON OF THOSE GREAT PRINCIPLES
OF MORAL RECTITUDE WHICH Dis
ITlNGUISH THE AMERICAN CHARAC-
TER. Retaliation in the United States has
always been confined to specified acts OF
cruelty. II is not believed that any attempt
has ever been made to retaliate for charges
so general as those exhibited against Arbuth-
not and Ambrister, viz g lncitIng the In.
dians to war" During the revolutionary
Iwar, only two cases occurred of persons seiz-
led for the purposes of retaliation, neither Of
sshom was executed The case af Asgill
seized on account OF the murder Of Huddy
and governor Hamilton OF VinCennes for spe-
ciic acts Of cruelty also.-Hamilton was con-
fined for short time with rigoT, and after
wards released During the late war, mark
ed with some cases of cold blooded massacre
on the part Of our enemy, particularly the
one at The river Raisin, no such measure as
retaliation was resorted to.
The principle assumed by the command
ing General that Arbuhnot aud AmbristeF, by
uniting in war against the U. States. while we
were at peace with Great Britain, Z became
outlaws and pirates, and liable to suffer death,
is not recognized in any code of national
law, Nothing can be found in the history OF
civilized nations, which recognises such
principle except decree of the Executive
Directory of France, during their short ca
reer Of folly and madness, which declares
that, neutrals found on board enemies ships,
should be considered and treated as pirates.*
The committee forbear to make any other
remarks on the violation OF the usual and &C .
customed forms in the punishment and con-
yiction of Arbuthnot and Ambristsr, except,
that even despots claiming TO exercise abso-
lutte power cannot with propriety violate theig
own rules.
Having detailed court martial for the
purpose Of trying the prisoners, the comman-
ding General by bis own authority set aside
the sentence Of the court and substituted for
that sentence, his own arbitrary will. In
trials involving the life Of an individual, strict
adherence to form, il in ordinary cases con
sdered the best security against oppression
and injustice.
| A departure from these forms is calculated
to indict wound on the national character
and tarnish the laurels so Justly acquired by
the commanding general by bis former victo-
ries. Sgch are the facts as they appear TO
the committee, and such are the views taken
BY them OF the important subject referred to
their consideration. and together with their
report, they submit various depositions and
documents to which and to the correspondence
and documents relating TO the Seminole War,
communicated to the Senate by the President
of the United States, at the last and present
session, they refer.
| See Mr. Kings letter 70 the Secretary Of
State, Vol. 10, p.-'State Papers.
Il