Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1819-02-04


repetition. WAS condemned by boih rea.
son aud the principle upon which alone.
IN any case, IL can be justified. On this
branch OF The subject, much more might
De sad but as he should possibly again
aiiude 10 1t. he would pass from il, for the
! present, 10 another topic.
IL was not necessary, Mr.. c. said, for
| Inc purpose OF ms argument i'm regard 10
| NE ifiai ana execution OF Arbuthnot and
AmDris,tr, 10 insist Oil the innocency Of
| eliber at them. He would Weld. fo,'t,,e
| sake oi that argument, without enuuirv.
maj boiii OF them were guilty tina, both
had nstisated the war and Thai one of
them bad led the enemy to battle. Ii was
possible, Indeed, thai critical exami-
nation ct The evidence would shew, par
,icuiariy IN the case of Arbuihnot, That
me whole amount OF his crime consisted
IA ms trading, without the limits of The
United STATES, With the Seminole Indians.
IN the accustomed commodities WHICH
iorm tie subject of Indian trade; and
mai he sought 10 iugraiiaie himself wiil
his customers, by espousing their inter-
es,s, III regard 10 the provision ofthe frea.
ty OF Ghcn', whicli lie may have honest
Is believed, entitled them 10 The restore
ton OF their lands. And il, indeed. the
treaty OF Fort Jackson, for The reasons
already assigned, were not binding upon
HE Greeks, there would be but loo much
cause 10 lament lbs unhappy, if not UNI
iust fate. Iht first impIsssion made on
Tie examination oi The proceedings in
the lrlal aud execution of i.iose two mon
Is, tiiai, On HE pant OF Ambrister, there
was tie must gum, but al H.. same lime
The most irrrguiariiy. Conceding The
point OF Tie gnIli of both, with the qua
iihOSiion winch lie had slated. he would
proceed 10 enquire, first, if their eAecu-
ton could be justified upon the princi-
pies assumed by General Jackson him
sell. II they did Eot afford "A iustifca-
ton. he would next enquire if there were
any other principles authorizing their cA-
ecutioH; and he would in tie third place.
make some observations upon The mode
oi proceeding.
The principle assumed by Gen. Jack
son, which may be found in his general
orders commanding the execution OF these
meii, Is, 1iiat il is an established priu.
cipie OF The law OF nations, that any indi-
vldudl OF naiIon, making war against
The citizens of ANY oiber nation, they be-
ing at peace, toiieiis lis allegiance, and
becomes AN outlaw and a pirate" What
ever may be The character OF individuals
"aging private war. The principle assi.ni-
eu Is totally erroneous, when applied 10
Slch Individuals associated with a power.
whether Indian or civilized, capable of
maintaining the relations OF peace and
war. Suppose, however, the principle
were true, as asserted, What disposition
SHOULD he have male of these men 3
What jurisdiction, and how acquired, has
the military over pirates. robbers, and
outlaws! Ii they were III the character
imputed, they were alone amenable. and
should have been turned over TO The civil
authority. Bat iheprInciple, he repeated!
wa totally incorrect when applied 10 men
III Their situation. a foreigner, connect-
ing himself with a belligerent, becomes
am enemy OF the party 10 whom that bel
iigerent Is opposed, subject TO whatever
he may be subject, entitled 10 whatever
lie is entitled. ..ArbuilInot and AM
Orisier, by associa,ing themselves, be-
came identified with The Indians they
became our enemies, and we had right
To treat them as We could lawfully treat
The Indians. These positions we're 80 OBJ
viousiy correct, that lie should consider
IL all abuse OF the patience OF The com
nliice Ia consume tine im their proof.
They were supported by Tie practice OF
all nations, and of our own. Every PAGE
OF history, III all times, aud tie recollec-
ton OF every member, furnish evidence of
Their truth. Let us look for moment
INTO some OF The consequences Of this
princlple, II II we're 10 20 TO Europe, sane
Toned by the appropriations, express or
implied, Oi ibis house. We have now in
our armies probably the subjects Of al
most every European power. Some OF
Tie nations or Europe maintain Tie doc
lrlne OF perpetual alleg iauce. SapDOse
Britain ana America iI peace, and Aine-
rica and France at war. The former sub
jec's of England, naiuralized or unnatu.
rallied, are captured by lie navy or the
army of France. Whal is their condition
According 10 Tie principle OF General
Jackson, they would be outlaws and nj
rates, and liable 10 immediate execution.
Were gentlemen prepared 10 return to
HER respective districts, with Tins doc
lrIne III Their mouths, and 10 say 10 their
IRISH, English, Scotch, and other foreign
constituents, that you are liable, on tie
contingency supposed, TO be treated as
/ outlaws and pirates!
Was there any other principle WHICH
justified the proceeding On this sub
irct, he said, If be admired Use wonderful
ingenuity Will which gentlemen Fought
d colorado preieXt for those executions.
ne NdS ~ tHt same tIhit sitCCkGd oil some
Of the principles advanced. What said
The honorable gentleman from Massaciiu-
sets, (Nr. Hclmes) IN cold address TO
the committee Why, that these execu-
ions we're only wrong mode If doing
rlglI; thing. A wrong mode Of doing d
right ihlusf In what code Of public law !;
in What system OF ethics; nay, in what
respectable novel; where, if the gentle
man were TO TAKE Tie range of the whole
literature Of lie world, vii he find any
sanction for a principle so nonstroas z
lie would illustrate lis enorn,ify bv a