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

.hSiS "oS d spy, duu In manners Il
polished gentleman the other was IA bri-
gand, carrying on hOstilties at the head
OF Indians and Negroes. Thev were e.
qually offenders against the usagrs of
war, and with equal justice suffered
deaih.
Andre died by the sole authority of The
commanding general, accordisg 70 He
usages Of war. No court martial had au-
thori,y to Try hin, as appears irom the
oruer which was given, not to try and de-
termne, but 10 report a state of his csse
ana an opinion. Now, Indeed, the trial
oi spies BY court martial is expressly
authorised by an act of Congress.
An'br'sier died by The suie authority of
General Jackson. No court martial had
power to try lmfy any law of the Unit
ed States. But The committee say, thai.
wherever severity is not absolutely ne
cessary, mercy becomes duty" A 81
'hiiar expression Is used by the writer's on
The iaw OF nations in regard 10 reia!iatinu
on HE ionoecni for the guilt of others;
bn' ttiaii rs MOI this case. What mean the
committee by absolute necessity z"
The nation. indeed Was not in danger:
nor was II IN danger when Andre did;
ana according 10 thr reasoning OF the
committee, General Washington should
nave pardoned Andre: but Andre Ger.
eu, because ihe case required that The
example should have lis tuli effect: and
so II was required IN the case of Ambris
Ter. Where pardon will have pernicious
ehect on the interests of society. mercy
becomes weakness and folly.
As general Jackson is censured for the
execution OF Ambrisler by some, so there
we're some who censurod o. neral WASH
ihg'r'i lor The execution Of Andre. i.etus
near lie British historians maurn over the
rate OF iheir favoriie. . Andre, finding his
uonm nnfavorabie, wrote "a most pathetic
ieiier praying ,tat lie might not die the
dtath OF common nlaleiactor, bui Nv
made more betiitlng soldier. Even this
small boon was refused 10 q generous enc
my, by thu memorable ,igor Of stern yeyub
hcanism. On tire 22d OF October The i'll
fated hero met his death, with comno-
sure, serenity, and foriiude, worthy of
conscious. innocence, suffering unmerited pu,.-
,shment . y) Who could suppose on read
ing tins that Andre Was CARVING on
most infamous negotiation, disguised as
spy under false name with the disclo
sures oil a traitor concealed IN his boot
And who that should hear tie regret ex
pressed Tor the fate of Arbulhnoi could
suppose That lie was the author and prime
mover The Seminole war, in which some
hundreds of our men. " omen, aud chill
dren, nave been maSsacreed III lie most
cruel manner
II Is alleged that those incidents, The
execution of Arhmihnoi and AmhrjSier
are al variance With the principles Of our
constitution and laws. Our constitution
and laws we're formed for the people of
The United States. They have no force in
FLORIDA. Ambrister aud ID illishajo never
came under the shade of tie umbrella of
ihe constitution. They should" SAYS
The honorable Speaker, (NIr. Claw "have
befil 'urhed over TO the civil authority.
30 soon as the stranger ireaas the Ameri-
can son, he IS encIrcled by the laws"
answer, there was no civil authority IIav-
ing jurisdiction of their cases, 10 which
they conld have been turned over. Tbey
never did Tread on thai portion of a meri-
can ground where they could claim The
bencfli Of our laws. Nor do those laws
protect enemies in time of war. They did
not project Sir Charles AsgiIl; ihey did
rot project Andre, or The emissarirs
who sought 10 corrupt the soldiers of the
Pennsylvania line.
Our constitutions and laws have moi
changed the laws of war. Let me advise
you 10 make no attempts 10 cl,augethosc
laws single nation, however great
cannot change The law of nations. You
may 'raniniel your defenders, aud prevent
mem from using their rights fory0ur pro.
iec'ion, according 20 The usagrs Of war:
pu' you VII ut The same time leave the
enemy al fuii liberty IN exercise their az
knowledgedrights. You cannot increase
your rights Under The law of nations: ou
can only diminsh your rights by Iegisiat
o. sc M. nm Ito, -
lmproviHcn. II any change lsfo he made
III The la"s OF uallons, let ii be done by
treaty.
SIR, YOU must allow your army 10 oct
against The cneay as other armies act.
wien engaged in war. You put the same
arms INTO their hands they must be al
lawcd To use them IN the same manner.
Sor DO The principles OF Our laws require
maj The worst uf criminals, the insiiga-
Tors OF thousand iHccndiatics, robbers,
and aSsasslps, should 20 unpunished.
merely bPcdu g, as the IenIcnt committee
say there IS nc" absolute nccessiiy" Thai
Tie offenders should die. We might par
don all The murderers whom we hang. and
NE thieves whom we conilne yet fhe ma
lion would exist. There is no abs0inte ne
ccssiiy for pnnisiii@g them But tie prin-
ciplrs Of oar laws require, that, Gor HE
good Of society, aud lie safety the pco-
PIE, no crime shall go unplhiishcd, that
punishment shall certainly follow crime.
II has been said, iliaf there is no i'm
stance 10 be found III our history, previ-
Gus tO tie Seminole war, Of retaliation
upon lie Indians. The assertion is not
correct, IL point of fact. Save lately
seen published an account Of the hang
lug, ~ one of the northern states, many
years ago, ol some Indians. The people
have often discovered disposition 10 re-
iailale OF the Indians and some exam,
pies Of That kind have been SCI unworlhY