The Litchfield County post., 1827-08-16

1
| against Spain ? are questions which well de-
serve solution, but which are not to be discus
sed in the actual state of the information be-
fore the public. This only we know, that The
President While to preserve peaceful rpgua-
lions with Spain, he disavows Gen. Jackson's
conduct, during the campaign, would have
afforded just cause of a declsration of war "a
sainst Spain, is not the question: whatever
those circumstanceswere, it was an usurpa-
ton in Gen. Jackson to wage war upon his
judgment. What does Gen. Jackson, about
The time of these very proceedings, say ON this
veTy subject, TO Gov. Rabun He Indignantly
denies his right to make war against an Indian
tribe in peace with and under the protection
of the u. States Out ofhis own mouth con
deinn him.
The laws OF nations afford no more pretec-
too to individuals against the violence ofthi
officer, than Ia sovereign states. | allude to
the trial of Arbuthnot and Ambrister. To
give general character of these strange pro-
ceedings they acre indictments, CONNECTIONS
and capital executions, Of Foreigners. for high
treason against the United States,to tohich then
o,ced no allegiance, committed, and prosecuted
IN q foreign territory and jurisdiction "a.
The FIRST objection, to which those PROCEED
ings are liable, is, that admitting these men
were guilty of all the offences alleged against
raAen; admitting, that, according to the laws
of nations, they by such guilt incurred the
forfeiture of their lives they were not anne
nabe to the tribunal before which they were
arraigned. Our courts martial have no lawful
jurisdiction, beyond that, which is given them
by the Acts of Congress establishing the rules
and articles of war and it will hardly be
pretended, that these have vested in them "a
my cognizance over crimes of the nature of
those imputedto these unhappy men
Ii the jurisdiction be admitted, the sentence
against both of them was unjust in law g. the
sentence against ArJutnot was unjust in point
of fact.
Arbuthnot was found guilty by the Court
Martial, ON two charges; LIST, of melting the
Greek Indians to war against the United
States, he himself being British subject, and
his nation at peace with ours end, of aiding
abett'ns, and comforting the enemy, supply
ing them with the means Ofwar. 1t will hard
ly be believed, that the only proof adduced.
applicable to the first of these two charges,
was the evidence Of John Winslet, detailing
the CT ntents of a letter the witnesssllad inter-
preted for an Indian Chief. called Little
Prince, which the witness said was signed by
Mr. Arbuhnot without stating that it was
signed by tie Arbuthnot who stood accused,
though it appears he was acquainted with his
hand writing; and the evidence of WIN.
Hamhly, (Arbuthnot,s known and mortal en-
envy that the witness had been told by the In
diGns, that Arbuthnot had instigated them to
war against the United States, and to the
murder and plumber of our citizens. When
the public is informed that the rules of evil
dence are the same in courts martia,as those
hat in lax will hr of
loss to make fair estimate of the merits of
this conviction. As to the second charge,
(discarding the hearsay evidence ofW. Ham
bly, the principal proof was drawn from the
prisoners own correspondence, and some
other documents say confidently, that
those papers contain not The least proof, that
he ever melted the Indians to Offensive war,
or aggression ofany kind, against the U. States
or their citizens; they relate to measures Of
defence, and prevention against aggressions
upon the Indians. Far from instigating them
to war, he manifcstly considered their utter
ruin as the certain consequence of war with
thssU. States. He labours, therefore, to i'm
press upon their minds,upon the British min
lister at Washington,and on other correspond
ents, that the entertainments of our citizens
were not countenanced by the President. In
his whole correspondence, there is not to be
found one word stronger than the following
letter to our Indian Agent, General MITCHELL
of Jan. 10, 1813.:--'' In taking the liberty of =
addressing you, in behalf of the unfortunate
Indians, believe me have no wish but to sec
an end put to war, which, If persisted in, /
lorcsee must eventually be their ruin and,
as they are not the agsressofs,if in the height
of their rage. they have committed any ex-
cesses that you will overlook them, as the
Just ebuIlition of an indignant spirit against
an invading foe." 1t is true, he was the Or
gan or the instrument Of the Indian appeals
to the officers of his own and the Spanish
Govcrnments,o of their applications for protec-
ton in what they deemed their just rights, &
of their remonstrances to our own Indian a.
gents, against past or anticipated injury and
oppression. 1t is possible, too, that he sup
piled them with some scanty munitions Of
war; though a merciful court would have in
fcrred that kegs of powder, 500 lbs. oflead,
syere imported by an Indian trader, as a sup
ply for hunting, not for war;. That he took
deep interest in the affairs of this devoted
race that he deploved their miserable con-
dition that he regarded them as his fellow
creatures and was DESTROYS. and active to
save them from utter extirpation ;scf. these
unchristiaa crimes las Gen. Jackson considers
thenlo) he was certainly guilty. The General
regards him as secret agent of the British
Government, and thinks that Government
was well advised of his proceedings
think it very probable.
Rut that xvOuh nroyp mt his Guilt but his ln-