Phenix gazette. [volume] (Alexandria [D.C.]) 1825-1833, 1827-12-10

own S4Jt.iliE ClO'} HsNLts '"t pSo' Nc''@'N' =
Tie forest have been driven by the g~sa1 wave
which has flowed in ircm tie Atlantic ocean
almos, TO the base Of the Rocky Mountain, an''
Overwhelming them in It's terrible progress has
lsfI no other rsnans OF hundreds al tribes than
,hose which indicate the remote existence OF.
their former companions, the Mammouth oil
the new world Hes, Sir, il is az tins auspi-
cious period Of our couotry that we are called
upon TO forge, our princi pies, our religion, onr
clemency, our humanity.
II was not necessary Mr.. &. said, in regard
10 the trial Of Arbuthnot and Ambrister, TO m
sisl on the innocence OF either OF :hein he
wnaId Weld, for the sake Of the argument,
without inquiry, that both OF them were guilty;
that both had insligated The war, and that one
had led the enemy TO battle. II was possible,
that at leas, in the case ofArbuthnot, the whole
amour, of this crime consisted in his Trading
aUithouf the limits Of the United States, with
the Seminole Indians. But concerning The guilt
Of both, with the qualification stated; lie would
Ipr6ceed 10 Inquire, first, if their execution
could be justified upon the principles assumed
BY Geo Jackson himself. His principle is, that
blythe law Of nations, any individual OF ma
g lion, making war agains, the citizens OF any
" other nation, they being at peace, torelts his
i allie glance, and becomes an outlaw and a pi-
rate. The principle is totally erroneous, but
If true, what disposition should Gen. J. have
mads of these men? What jurisdiction has
the military over pirates, outlaws and robbers
If,hcy were in ;he characterimpmed they were
alone amenable, and should have been turned
over to The civil authority. But the principle,
he repeated, was totally incorrect applied 10
men in their situations. 4 foreigner connect,
ing himself with beliigcrcn' becomes an en-
envy 10 the party to whom the belligerenl is
opposed subtec ITO whatever he may be sub
iecl, entitled ITO whatever he is entitled. Arr
buhno, AID AmbriStcr became identified with
the Indians, and We had right TO treat them as
we could lawfully Treat The Indians. The po-
sitions are Supported by tLe' practice OF all ma
tons and our town
The mode OF ttial and sentencing these men,
Mr.. Clay SAID was equally Objectionable with
the principles ON which it has been. attempted
10 prove \ foli fixture Of their lives. He wished
sincerely. that he could reconcile those pro-
ccedngs 10 BIS conscience. 1t has been assert
ed, tina, the GenrraI mi ;hi have ordered their
execution without any formaHly: He denied
that there was any such night III our Commah>
ders. The right Of retaliation is comprehend
ed IN The war making power which Congress
possesses. Il can be Bestowed only by for
NAL act cf Congress. Nor did The Genera!
proceed on this principle. In lis general Or
dCrS a Court MariiUl Is named and In his ielr
Ter he SAYS, "rhey were tried by my orders,
iegGLy convicted as -eXcitcrs Of this savage aud
negro war, legally condo mDCd and most justly
pumishrd" The lord deliver us from such
legal convictions, and such iCgri concentrations
Let it be conceded that he was clo'hCd with alb
solu,c authority over the lives Of these midi
yiduaIs, and hat upon his own FIAT, without
II ,,I,, II h..
mandet their execution Now, ii an absolute
sovereign, in any particular respect, prom"I,
gates ru'c which I've pledges h,mselt 10 OBJ
serve, if hs subs, q"ca,v deyiates from that
rule, he subjects himself, 20 me imputat'on Of
ouluus tyranny II Gen. Jackson had the pow
er, without court 10 conde these men, he
had also he power In appoint tribunal. be
did appoint tribunal, and became therefore
morally mound TO observe and execute the sem
tcnce Of that tribunal. In regard 10 Ambrster,
it was with grief and pain he was compelled to
say, that be was executed in defiance OF all
law, in defiance OF the lan 10 which Gen, Jack
son had, ifyou please, Submitted himself, and
given by his appeal 10 the court his implied
pledgei,o observe. He knew but little Of mil
tary law, and wha, had hapDrre I'd had certain
Y not created in him taste for acquiring
knowledge IF more, bu; he believed there was
10 example Oh record, lia, the sentence of The
cour, hus been erased, and sen,,nce not pro-
nounced ty it, carried in'o execution The Ge-
nrra either had o. had cot, .. right TO. decide
upon the fate Of that man without the inter-
vcnti2n Of the court. /! he had the right lie
waved II, aud having violated the sentence OF
The court, therc was D. ;ht upon the judicial
administration Of t"c army reproach, which
must OCCASION most a, ,ng regret. Howev-
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