Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1819-02-18

OF his conduct, and of that of iii. army -
| Had Brandt and Butler fallen into ilie
hands Of General Washington, they would
no doubt have met the fate of Arlulnot
| and Ambrister. So resolved was General
| Washington that a severe example should
! be made, that he would nor even listen 10
| proposals OF peace, until il had been done.
Ia t!*' present case also the punishment
| inhictea was tor example; to preserve
the peace of the frontier; TO preserve
| from ili,. hatcnet and scalpng knife wo-
men and chi<'ren. Many will be saved
| by The example, But, should only one
be saved, Arbuiinot and Ambrister have
| not died in vain
| Retaliation may be exercised even on
TIE innocent, where the enemy have been
Sui''y ri violation al the usases of war.
(n) a prIs0ucr of war Dlay sometimes be
| phi 10 death 10 punish nation tina, has
violated The laws of war Coz Whenever
the enemy SETS us i!ic example Of depart
ing from The ;avs oi war, we are al liberty
| To follow II. (p) General Washington. in
devastating the indian cauniry. and If,
the case of Sir Charles AsSll, who VAS
marked for death by Ioi, AS a retaliation
Tor crime committed b. an English
captain, acknowledged iI,,. force aud ex-
petiiency Of The law ot retaliation. The
congress at the revolution, (e) Com
srcss during lie administration Of Mr..
| Adams, ~ AMI The Congress during The
administration of Mr.. Madison. ts) All.
acknowledged the expectancy of rctalal-
ing, even on tie innocent, fle outrayes
| aud Ill usage committed on prisoners by
| the enersv
II Is denied that The right to rctaIiate is
vested: IN The commanding general; aud
ire acts OF Congress authorizing reial,a.
non by ne PrssldeIi, are cited 10 prove
MAI therg'i' l. moi IN the general. Bat
~ Is me commanding neral that is de
clared by the law of nation, TO possess
ll''s iIght; ~ and the proceedings Of
General Washington, with respect to Sir
Charles Asgill. prove that he considered
himself as possessed ofih right In such
case AS thai, the writer's on The law of
nations recommend clemency. (0 Sncb
clemency did save Sir Charles Aseill.-
General Jackson had no occasion Tor its
eXercisc. He never marked the innocent
Tor retaliation. He made examples only
OF the gully.
The acts Of Congress passed during
ONT TWO ias' wars, were expcdient To re-
move ali doubts of the right of the presi-
don't Ia, re,aliate on French and British
prisoners; and il was necessary that the
retaliation IN those cases should be bv
ms or0er, as there WAS no commander
"ho could claim The authority in those
eases. And III both those cases The CRU
cues Intended 10 be retaiaied were per
pe'ra'ed ty the authority Of the foreign
governments. But usually this right 10
reiaiia'e should he left TO the command
ing general: for ii IL inexpedienf to in
iroduce INTO The cabinet, which sI,ou,d
be composed of men of peace. The work
Of blood.
sle committee come 10 the conclusion
hat General Jackson acted u,flawf,,ly.
ny surprising that the special court or
boarh OF yilIcers appointed 10 Investigate
me iacfs IN The Cases of Arbuiiinot and
AmDlis'er. we're general court martial.
appointed 10 Try AMI determine offences
under the articles of war. If thar ,yere
so, the second sentence Of The cour, IL
Ambristess case, that he should receive
My stripes, and be conti6ed with ball
and chain 10 bard labor for twelve ga
iehdar months. IS contrary TO law; and
therefore void: For an act of Conpress
mas repealed so mitch nf The arlicIps of
war as auiiInriSes the inticiion of corpo-
real punishment by Stripes (r) Bnt The
court was not appointed under the arti-
c'es oil war. II WAS neither general mr.
regImeniai CUT martial. lis auibori,v
was derived from tie order of Il,e com
Inanding general; and vas 10 investigate
charges, and record tier opinion ne to
the sullt Or innocence of the prisoners.
ana "hai punishment Gf anyl should be
i"HicIe'. ne !dw under which Ambris-
Ter Ter was punished WIS the laws If war
nose laws DO moi auihoTiSc the iufIi. ton
OF fFif"e. Therefore, HE second SEN
'ehce, 70 lnfiIci stripes and labor al ball
ana ciiain, IS illegal and void. Whatever
law HE court Mas appointed aud a ted
under, the second sentence is uulavC,I
ana void; consequently, The FIRST SEN
teDce. that Ambiis lister should suffer death
by being shot, was the only legal sen
fence, and properly carried into execu-
lion.
But shonld Won allow 10 tlic second
sentence Tie eject Of setting aside The
INST. then The facts will have been found.
and there viii b. no sentence; and The
order OF the general for ;he execution of
hmbrlsier viii reSt on and stand justified
by the laws and usages Of war. nv
There is avery remarkable resemblance
between the proceedings pf General
Washington i'm ihc case of Andre. and Tie
proceedings Of General Jackson in lie
cases OF ArbuilnOt and Anibrislcr. Gen.
eral Washington, in his order To- ,lle CONT
says to them, after a careful exaniina
ton, Won will be pleased, as speedily AZ
possible, 10 report Il precise state Of bis
case, Iogclbcr with Your opiaion on the
light IN "hich he ought TO be considered.
and lie punishment that ought TO be in
bicicd; Genera' Jackson appointed the
special court " Tor The purpose of uves-
Iigaling The charges" against ihc PRISON
ers, directing them 10 record their opin
ION as To The guilt or innocence of the
prisoners, aud what punishment (if any,