Constitutional Whig. [volume] (Richmond, Va.) 1824-1832, 1828-08-20

iinSS are liable, IS, that admitting these men
were guilty OF all the offences alleges! IL
gainst them; admitting, that, according 10
The laws of nations, they by such guilt incur /
red the forfeiture of their lives; they were
not anlcnabe to the tribunal before which ,
they were arraigncd. Cur courts n;rtial
have no lawful Jurisdiction, beyond that
which is given them by the acts of Congress !
tie rules and articles OF war, and
1t will hardly be pretended, that these have
vested IN them any cogniZancc over crimes
OF the neture OF those imputed 20 these uu-
happy men.
If the jurisdiction be admitted, the sou
tcnce against both of them was unjust in lazy,
and the sentence against Arbuthnot was I'M
Just in point Of fact.
Arbuthnct was found guilty ny The cour,
martial, on two charges; list, Of melting the
Creek Indians to war against the United
States, he himself being a British subject,
and has nation at peace with ntirs-2tl, OF
aiding, abcttmg aud comforting the enemy,
supplying them with the means of war. 1t
will hardly be believed, that the only proof
adduced, applicable to the first of these two
charges, was the evidence Of John Winslet,
detailing the contents of letter the witness
had interpreted for an Indian Chief, called
Little Prince, which the witness said was
signed by Mr.. Arhuthnot, without stating
that 1t was signed Nv the Arbuihnot who
stood accused, though it appears he was ac-
quamted with his handwriting; md the cv-
dencc OF William Hambly, (Arbuthnot's
known and mortal cnclny) that the witness
4" III been told by the Indians, that Arbuthnot
haf nstigated them 10 war against the Uni
ted states, and 10 :!ic murder and plumber of
our citizens When the public is Informed
that he rules of evidence arc the same IL
ccnrts martial as those that prevail in courts
OF law. 1t will be at 10 loss to make fair es-
innate OF the merits of this conviction. As
10 the second charge (discarding the hearsay
evidence Of the same w. Hambly) the Dri,i-
clpai proof ofthe charge was drawn from tho
prisoner own correspondence, and some
! other documents. | say, confidently, that
| tnoSn papers contain not the least proof
that he ever melted the Indians to offensive
war or aggression, Of any kind, against the
United states or its citizens; they relate to
measures 81 defence and prevention against
a@grcsslons upon the Indians Far from in
tgalng them 10 war, he manifesty consid-
cred Their utter ruin rs the certain conse-
Qucncc OF a war with tho United St,tns
tie iabers, therefore. to impress unon their
MINDS, upon the British minister ut Washino-
ton hnd on other correspondents that the en-
crnachmen'S OF our citizens were not connie
nanccd by the President. I'm his whole cor
fesPondence there is not to be found one
word stronger than the following letter to
our Indian agent, Gen. Mitchell. Of January
~, i"l3:--"ln taking the liberty of address,
ing yoH, sir, in behalf OF the unfortunate IN
dians, believe me | have no wish but to sec
an END put TO war, which, if persisted in. 7
ioreEec must eventually he their ruin; and
as they ave n"t the aggrcssors, if in the
height oil their rage they have committed
any excuses, that you will overlook them.
as Inc IilSt cbulltions of al Indignant spirit
against an invading foe 1t is true. he
was the organ or the instrument Of the In
dian appeals TO the officers Of his own and
the Spanish governments, of their appIica-
lions Tor protection in what they deemed
thor Just rights, and Of their rcmonstran
COS To our own Indian agents against
past or anticipated injury and oppression.
Il - possible too, that he supplied them
"Ith some scantr munitions Of war: though
mcrciiri court would have inferred. that
nlne k"gS OF powder aud 800 pounds Of lead.
were imported; by al indian trader, as q SUD
ply Tor hunting, not for war. That he took
II deep interest in the affairs Of this devoted
race, that he ccplorcd their miserable cordi
ton, that he regarded them as his fellow
crcajuycS, and was dcSirous and active TO
save them from utter extirpation, Of these
"'c'r'Sf'@o crimes Gas Gen, Jackson consid
crs them he was certainly guilty. The
Generai regards him as Il secret agent OF the
British government, and thinks that govern
mcnt was well advised Of his proceedings. X
think II very probable. But that
would prove not his guilt, but his innocence.
itWould prove that it was not the individu-
al, but the British government that had
wronged us, if any wrong had been done.
It's subject could be guilty Of no fault in fol-
loving lts orders. Every subject or citizen
owes ohcdicnco to his government, except,
lndccd, tho officers of Gen. Juckson's own
division Of the south.
AmhrlSter was convicted, Isl, Of aiding,
@'etiing and comforting the enemy, supply
ing them with the means of war. and 2dIy,
olIcadng and commanding the Greek Jnd;-
ans in war AGAINST the TTnifcJ St,4o. . l