Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1851-09-06
NATIONAL INTELLIGENCER.
"A "REMINISCENCES.


4tatg A "REMINISCENCES. agsisf if
Some few years ago the UNITED STATES were
engaged in war quasi wary with certain Indians.
These Indians, being driven from our territories,
took refuge in Florida, then belonging TO the Crown
of SPAIN. The American army pursued them into
this neutral territory, compelled the surrender of
ST. Marks by the Spanish commandment, and occu-
pied il as a conquered country.
Two BRrTIsH subjects were made prisoners in
the Spanish territory. special Military tribunal
was organlzed under the orders of the American
General, being neither Court Martial nor Court
of Inquiry. The Court was directed to give its
opinion on the guilt or innocence of the prisoners
and what punishment, if any, should be inflicted.
The Court was organized on the very day on
which the order assembling it bears date, and pro-
ceeded forthwith to examine the cases.
The first charge against Arbathn0t was in these
words: I" Exciting and stirring up the Creek In
dams to war against the United States and her cit
zens, he, A. Arbuthnot, being subject of Great
Britain, with whom the United States are at
peace" @
Charge second. "Acting as spy, and aiding,
abetting, and comforting the enemy; supplying
them with the means of war;" aesi
On the 26th Of April the Court found the accused
guilty ofshe first charge, and guilty Of the second,
leaving out the words acting as spy" and SEN
fenced him to be hung.
On the same 28th April, the same Court proceed
ed to The trial Of X. C.. .Am5rister. M y
The first charge against him was aiding, abet-
ting, and comforting the enemy; supplying them
with the means of war; he being subject of Great
Britain, at peace with the United States and late
s " an officer in the British Colonial Marines"
Charge second. Leading and commanding the
lower Creek Indians in carrying war against the
United States.''
On the same day the Court found the accused
guilty Of both charges, and sentenced him to suffer
death, by being shot. This sentence was recon
sidered, and the judgment Of the Court was, that
the prisoner receive fifty stripes the bare back,
and be confined with ball and chain to hard labor
for twelve calendar months. .
The Commanding General on the following day,
April 10Th, approves the finding and sentence Of
the Court in the case of Arbuthno.; he approves
the first finding and sentence in the case of Ambris-
ter, and dsapproves the reconsideration Of the SEN
tence. In General Orders he declares that in Am
bris,er's case it appears from the evidence and
pleadings Of the prisoner that he did lead and COM
mand within the territory of Spain (being subject
of Great Brittany the Indians in war against the
United States, those nations being at peace. !" 1t
ISL he continues, an established principle Of the
law Of nations that any individual Of nation
making war against the citizens of another nation
they being at peace, forfeits his allegiance and be-
comes an outlaw and pirate"
Both prisoners were accordingly forthwith ex-
ecuted.
This transaction occurred in the year 1918. The
place where the alleged offences were committed
the territory Of SPAIN, neutral Power the Of
tenders were the subjects Of GREAT BRrrAIN, anoth
er neutral Power the Court, was one not known to
the laws Of the United States sitting within neu-
trail territory, and exercising ina summary way a
jurisdiction and authority exclusively originating in
a military commander That General was An
DREW JACKSON. stAiiA
1t occurs 70 me that these proceedings and the
doctrine promulgated by the Commanding General
are at least opposite 70 the Of the Cuban
thorities some which l have seen applied to this
case derived from Vattel and from MIR. Webster.
G..