Norwalk Gazette, 1818-1883, 1819-01-20

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_ trial of Arbuthnot and Ambrister.

“ outlaw,” to the offenders——a term which ap- arms of his country, and thrown abrighterlustre
plies only to the relation of ineliriduals with their on the national character. -

own governments. It will not be pretended that
La Fayette, who volunteered his services in the
cause of America, in the war which established
our independence, forfeited his, allegiance, be-
came an outlaw and subjected himself to an ig-
nominious death, had he fallen into the hands of
the English. Otxcan it be believed thatone voice
would be heard in the jusziﬁcation of Spain,.if
she were to execute such of our countrymen as
she may make prisoners, while ﬁghting in the
armies. of the South American Patriots? And
if these cases should not be considered of such
a nature, as to warrant a resort to so severe a
measure, while they occurred with a people in a
state of revolution, and considered by the parent

' countries to be in a state of rebellion, much less

‘could these men, (Arbuthnot and Atnbrister) be
considered liable to it, who_ were acting with a‘
power, acknowledged and treated as sovereign
andindepentlent by us. .

Your cotnmittee beg leave to call your atten-
tion particularly to-the case of R. C. Ambrister,
who, after having been subjected to a trial before
a court which had I no cognizance or jurisdiction
over the offences charged against him,.was shot
by the commanding general, contrary to “the
forms ‘and usages of the army, and withoutfre,-,

gartl to the ﬁnding of that court, which had been“ ‘

instituted as a guide for himself. 7

Your committee must here, in justice to their
own feelings, express their extremeregret, that
it has become their duty to disapprove the con-
dtict of one who has, on a former occasion, so
eminently contributed to the honor and defence
of the nation, as has major general Jackson ; but
the more elevated the station,,the moreexaltetl
the character of the individual, the more neces-

sary is it, by a reasonable yet temperate expres- . »

sion of public opinion, through the constitutional
organ, to prevent the recurrence of incidents at
variance with the principles of our- government
and laws. ~ A - _ .

Nor can your committee forbear including in-
their strictures the court martial who sat on" the’
A court mar-
tial is a tribunal invested with limited jurisdict-
ion, having for its guidance the same rules-of ev-
idence which govern courts of law ; and yet’-'Ar_~
butlmot is refused by the court martial, before
whom he was on trial for life, the benefit of-the
testimony of Ambrister, who had not been put
upon his trial at that time, and whose evidence
would have been received by ‘any court ofclaw as
legal, if not credible. Many other exceptions
might be made to the evidence recorded in these
proceedings ; particularly to the question put to
the witness Hambly, viz. ‘ Do you believe the
Seminoles would have commenced the business
of -murder and depredation on the white inhabit-
ants, had it not been at the instigation of the pris-
oner [Arbuthnot,] and a promise, on his part, of
British protection.’ Answer :_J I do not believe
they would without they had been assured ofBrit-
ish protection.’ A leading question is expressly
forbidden to be used by a‘ court martial, by Ma-
comb on Martial Law, and of which the cout't
must have beenapprized, as it is a work com-
mon in the army, and ‘usually referretlto by eve-

. ry court martial when in session ; and the ques-

tion was calculated to elicit an expression of o-
pinion and belief from the witness, rather than a
statement of facts, upon which alone could the
court act. Hearsay evidence, in a case" of life and
death, your committee will venture to assert, was
never before received against the accused in any
court in this country, and yet on the face of the
record of the proceedings of the court martial,

A hearsay testimony is admttted.which had been re-

ceived from an Indian, who, if present would not
have been allowed to give evidence himself.

After mature deliberation, your committee beg
leave to submit the following resolution :

Resolved, That the House of Representatives
of the United States disapproves the proceedings
in the trial and execution of Alexander Arbuth-
not and Robert C. Ambristcr.

Mr. Johnson, of Kentucky, also of the military
committee, submitted a paper drawn up in the
shape of a report by that committee, which by a
majority of one vote, that committee had refused
to accept, and the said paper was read. [This
report of Col. Johnson’s, we are compelled to o-
mitthis Week, in consequence oiits great length]

Mr: Cobb, rose to make a motion, the object
of which was to give to the report of the milita-
ry committeJe',g*‘as well as to the substitute pre-
sented by‘,a fn'err_iber of that committee, a direct-
ion which_sh'o't‘ild ensure to it a discussion, as full
as vv’as~.d.esired." For these purposes. he moved
to"ref_e“r {tli.,e_'rf7rt.to a committee of the whole on the
state of"thettni_on. These papers, he said invol-
Ved principles of great consequence, on which in
some measure depended the character ofthe na-
tion : they also necessarily involved important
questions as to the laws of nations. and as to the
constitution of our country, and ought to have a
deliberate consideration.

Mr. Strother, of Virginia. said the subject was
one of considerable interest and excitement, the’
he was not under the impression that it was one
of great magrtitude,'nor that it carried in its bo-
som the fate of the nation, as the gentleman from
Georgia seemed to suppose, which depended on
far other considerations. The best course to
pursue in regard toithese papers, he thought,
would be to lay them on the table. Though not
of momentous consequences, he said, yet the de-
cision on them was calculated to implicate the
character, and perhaps the happinessof the illus-
trious individual whose proceedings it was sup-
posed to censure. He would‘in regard to any
proposition involving the happiness or reputa-
tion of any individual, conspicuous or obscure,
act with great deliberation. He was therefore
opposed to referring this matter to a committee
of the whole on the state of the union, thus put-
ting it in the power of any individual to-call it
up when he pleased, and to precipitate the house
into a discussion, unadvisedly and unprepared.—-
He was for not hastily acting on a proposition to
censure apman who had given celebrity to the

Mr. Smyth, of Virginia, hoped that the mo--

vail. He presumed that the gentlemen adverse"
to Gen. Jackson were none of them desirotis of

precipitating the (liscussion, or taking‘-any adran- .

tage, by surprize, of those who approved of his
conduct. He supposed that by Monday next ev-.
ery gentlemen who de‘sired to take a part in the
discussion would be pijepared, and that that day

would be agreed~on. He said he should, when I"

the discussion came on, attempt to shew that all
the proceedings of Gen. Jackson were jttstifiable
by the law of nations. ' '

Aftersome further remarks, the question ‘on
referring the report of the military committee"
to a committee of the whole on the state of the
union was carried without a division. A

On motion of Mt‘. Desha, the paper offered
by Mr. Johnson, of Kentucky, as a substitute,
was tlienreferred to the same committee, and

Mr. Tallmadge gave notice that, if no om; else
did, he should on Monday next, move to go into
a committee of the whole on the subject.

Wap.s-Izzvggton, Jan. 14.-—The Seminole war be

Comes the subject of debate on Monday next'.'-—-
',The discussion will doubtless be very anim~,,,tc_(1_

A The report ofthe bank committee_,is,.e_:£pected
to be made on Saturday or Monday 7nt‘x’t '; ‘and it
is thought the report will not be very favorable to_
the Bank. _ _ ,

The bill to enable the people of the Alabama
ler_r_it_ory to form a state goverirment, has passed
the Senate.

‘NU‘Rvi’ALK GAZl:J'1"1‘E.‘

" ,WED.N'ESDY, J./.I.N'. 20, 1s_19.

.Eorcz'gn.—Tlie Congress of the Allied Sove-

‘ "reigns at Aix-la-Chapelle terminated the .l_5th

of,_Nov.' Of‘-the Documents published by that
body, the Allied Powers acktmwledgethe tran-
quil stat’e of France, and the propriety of with-
drawing the army of occupation. They.hint at
the probability of future confererces for the good
of ‘I:}ur‘o.pe ; btit declare in all their dealings with
each other, and in their decisions on the appeals
of those Powers which take rib.’ part in the alli-
ance, they will be go\'et'tt'c(l‘only by the laws of
nations.

An article from Brussels, dated Nov. -12, says,
A plot had just been discovered, the object of
which was to.seize the Empe€‘or‘A'lt:Xttlid€t‘ on
his journey hither, and declare Young Ntipoleoii,
Emperor of‘l“rance, ‘and the Dutchcss of Parma.
(his mother) Regent. The conspirators had got
proclamations printed, on which they dc-"pended
to excite insurt:ectioir ; several of them had been
arrested, and 'th_e'y are almost all Frerzchmen.-—
The plot is supposed to liare extensive ramifica-
tions. '

A Genoa paper states, tiiatptt the will Sept.
Mr. Jones, the American Consul €.§enei'al at
Tripoli, went out a hunting with his secretary.
the Danish Consul, and a Jat«i:.F';\l‘}’; that being
separated from his companions. he was attackt cl
and knocked down by three Moors of the admiral
Mourat-l’.ais, who would have mwdererl him, had
not his ,cornt1.':.uioi?.s, l',e1,ti‘-=n-is-cl.

Pacha, who promised reparation, and convnkcd
all the Consuls to consult with them. In the
mean time Mt;-tirat-liais, who is an English ren-
egade, and the private enemy of Mt‘. J’:-ncs.
sought refuge at the house of the British consul,
W ho refused to deliver him tip to the Pacha ; but
by the advice of the other consuls. Z'vloura'—Rais
was sentenced to be exiled. one ofthe Moors sen-
tenced to death, and of the other two, one had his
hands cut olf, and the other received 100 blows
by bastinado.

The dyers tltrm_ighotit England had generally
been engaged in preparing mourning, to be worn
on the event of the Queen’s death, and persons
of every description had for some time been sen-
ding their dresses to be dyed black; since then,
it is discovered that fzur/zlc-, and not black, is the
court mourning prescribed on the queen's death.

As soon as the death oftheQueen was known at
Liverpool, the journcymcn taylors demanded
doiible wages, which not being complied with,
they left their ntaster’s employ.

A very severe gale was experienced at the
Cape of Good Hope, May I8. when every vessel
in the harbor, (upwards of 20) parted a cable--3
went on shore, one of which was a Porttigucse
ship, with about 170 slaves, 40 ofwliom perished.

Mail Robber-ies have lately become quite fre-
quent. A number of instances have occurred in
different parts of the U. States, in the course of
the past year. man by the name of Bolan has
lately been co ftittecl to jail in Fayetteville, N.
C. on the charge of robbing the mail. Several
halves of hundred dollar bills were found in his
possession. He was the mail carrier between
Fayetterille and Lumberton, on which line the
robbery was committed. The mail from Salem
was also lately robbed on its way to Boston. in
which were checks on the various banks to the
amount of 7,800 dollars.

The case of Eleazer Pearsons, of Newbury,
against Elijah P. Goodrich, for a malicious pros-
ecution, was lately tried before the supreme ju-
dicial court at Boston. Goodrich, conformable
to his own account, was robbed near Newbury, in
Dec. 1816. For this robbery several persons
have been tried, btit none convicted. _The pres-
ent action was brought by the plaintiff, to recov-
er damages on account of having been twice ar-
rested for the alledged robber'_v. _ The case occu-
pied two days, and it appearing evident that no
robbery was committed, the jury brought in a ver-
dict for Pearson of 2000 dollars damagos.

On the 24-th ult. at Somervile, N. J. a portion
of arsenic was administered in the breakfast tea
of Major John Arrowsmith and vifc, by a black
girfinstigated by a white lad. It took immedi-
ate effect, but by the timely application of reme-

I I V "lilan x:.Vr;,,i,jig|_;_L,Lt_‘gts.-a.___
coiireyed, co':e.t‘e(l with blood, to the p'alace"ofth==

.'"<ll.‘§‘-‘:3: they were both ‘restored. On the Stst, the
.P_Qi50“0U5 draught, was repeated on Mrs. A. and

_ _ _ _,:',hé~ eiipired in about 23 hours afterwards.
tion of the gentlemen from Ge'orgi_a, would pre- v

_ , C07'-9c!s.—--'l‘lie New York papers mention the
Cﬂiaﬁlfoplie of a young lady car?/1irz'77g suddenly at’
?1l3'j,llla, in consequence of the excessively tight
l“~"i3‘,l‘§-‘I Of l1€".—C97‘8c‘{-S‘. They give another in-
itallce Of 3 young lady who .ﬁz7'nted twice under
the operation of lacing. while preparing for a ball,
and who still persists in the practice. .

1,3!‘-’ €d7‘£’/Ulqf as‘-lzes.——A house in Salem caught
fire, on Sunday morning last, in consequence of
ashes being set away in a wooden vessel.

.’l_7'lte 50.000 Dollar Prize, drawn in the Penn-
Sylllaliia State Lottery on New Year’s day, is
"“l§ed by a Mr. George Kenny of Baltimore.--—
‘Dulling the. late war, Kenny, we learn, deserted
fl'0l,Tl ti1el,3,__I‘i,tisli force under Admiral Coclzbtirn.
and some tf.mEﬁ2tfte,t‘ivartls enlisted in the Ameri-
can army. Vi/Titiijzi part of the proceeds of the
sale, of his bounty land, he purchased the ticket
which drew the prize abovementioncd.

' [Ba/I‘. ./1nze7'2'ca7z.

G _— ._x,.i’«' M~3RRIED,

In Clizithani, l\'lr. (int, (‘oo/zrzr to ll/liss Julia
-’:"{'ﬁ,7z. In Stztmford. Mr. Hir/if/brrl S/u-rtwoazl to
Miss Betsey June. In Ridgeﬁeld, Mr. I/lfzlliunz
St’i_.'mO1l7? to Miss .r1bignz'[ -"mz"/2. David H. Ly-
072 Of. Noltitli Castle. to Miss Put/y S/mrr. Nit‘.
.4tv4_<i/1' Lyon of Bedfortl to Miss I.a'oz'na I-‘V/1z'tc'.-'-
Mi'- [SW61 Lyon to'.Miss Elvina Raymond, M:

j ,4‘ 3’ DIED, _

In this town, an infant child of Mr. Horace
Gibbs. '

.-’.
1 '2

W1£1£K1. Y .-/1.1‘iii.§mwc'1i’.

__J.trUm- I o««*-%“ I <->s- I mas-
‘ZO VVedne.~(lay M7,l.-of,-I 4. 4.4 1 t7
2! Thursday 7 15*,’ 4 45 2 32
22 Friday 7' I5 4 4.5 3 5)
223 Saturday 7 14 4 46 ' .5 6
‘-74 Sunday 7 12 4 48 ‘ 6 l8
'25 Monday ..7 ll 4-V49_ ‘ sets
as Tuesday 7 to ,5 4 ;3g>_*,, 5 36

_._L#.
;_

Fish, Lttmb er, 82¢.

Qttititttls best quality Cotllish,

6 bhls pickled Sword-ii-' ll ,
-.j-20.000 feet l\"lerch:'. Btratds

,fj2,000 do. reffuse '‘ do.

5,000 do. clear do.

‘ L000 do. clear Plank

2,000 (lo. coinrnon (in.

4,000 (lo. yellow pine do,
1.000 do. Claplioard (siding)
50.000 VVar:-anterl Shingles,

RUM and -’l’[C/1-~*7-S‘z“1i-5‘, hr the hhd. or retail
for sale by VVM. J. STREF.'l‘.
E11,“ N. B. Those ind.bted for Lumber will

please to i‘eint-‘tuber. that 60‘ days was the long-

-‘-ISI CFC-(lit Qiiven on that article. Accounts not

pnucltially paid. are entitled to interest from date.

The interest will most certainly be required on

such accounts" as are fairly due, unless they are

‘immediately altcntlctl to.’ IV. J. S.
Notwvatlli, Jan. 15. S8

i":rI‘Ottri€l Piztstct.
OR sale. (lround Plaster, (not sweepingsal
_ :11 nine doll-.r:~s per too, or ﬁfty cents per
bushel, at the Mill adjoining the Bridge. .
\\"anted zt qu:.vntity of CORN, to be (l'cl1V€l‘f:Cl
of .‘.I-.n-ch. or sooncn '
S.-‘-.f‘«'1l_iEL CA.\"NON.
S8

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bv the first

Norw:til:, J. E9-

. — .
N otice.
BSCONDED from the service of the sub-
_ scriber, on the l0th instant, an indented
scpv-_u~.t Girl named Oiirr O/m.s‘tc'd. This notice
is given to forbid all persons from trusting or
harbouring said Girl. And whoever will return
her to the subscriber, shall receive one cent re-
ward, but no charges.

ISAAC DISBROVJ.
Fairﬁeld, {Cumpo,) Jan. 13, 18 I9. 38

./it a Court of 1’1‘obarr /zclcl at 1*'.iz'7;ﬁcZ(1, J:znuary‘_
, l4, l8 I9. ‘
HIS Court limits and appoints seven months
T for the creditors to the estate of John Dis-
brorw, Jun. late of Fair'rield, deceased. to exhibit
their claims against said estate, and the Admin-
istrator thereon is hereby ordered to give public
notice thereof, in the newspaper published at Nor-
walk, and by posting up the same in said town oi
Fair-ﬁe|(]_ Sam’! Rowland, Judge.
Public notice is hereby given, that unless the
creditors to the estate of John Disbrow, jun. late
of Fairﬁeld,deceased, exhibit their claims against
said estate, within the time above limited. UK)’
will ever after he debarred a legal recovery ; and
all persons indebted to said estate, are requcsteu
to make immediate payment to
SETH TAYLOR, Administrator.
Norwalk, January l4, l8l9. "38

HE subscribers having been appointed by

the Hon. Court Of‘- Probate, for the district

of Stamford, Commissioners to receive, exam-
inc and adjust the claim of the several creditors
to the estate ofeI1'L'n‘ry idmore, late of Stam-
ford, ‘deceased, representedinsolvent ; hereby
give notice, thatithey will attend to the business
of their appointment on the lirst Monday of Ju-
ly, l8l9, at the dtvelling-liousc of Samuel B.
I»Varren, in Norwalk; six months being allowed
for the settlement of the estate of said deceased.
All accounts not exhibited within that time, will
be debarred a recovery. ~
BAJtNAB.4S 11/IARVIN, Commis-

-‘FAMUEL Wnrqmvc, E sioners. [

Stamford, January 4,1819. *38

- goofs Arithmetic.

For sale at this Oliice. Also,

F/I/'rit<iatg Pot_79ei~_.

ICHMOIVD FLOUR, by the hbl.
Best retailing MOLASSh.S_, by
hhd. and at 5.3. per gallon, at retail.

French BRANDY, by the barrel,
Turks Island SALT, by the load, and
Glover and Timothy Seed,
& CANNON.

.Fnr sale by BETTS
S8

Not-walk, Jan, 15. .

M ‘ No. 1.i'Fro'nt-Street.’
Lewis jifosllory .3" Co.

Have just received from New-York, a new
and fresh supply of

'.D9"y Goods, Groceries, and

Crockery,

. Purchased for Car!-SH, at very reduced prices.

Molasses, r .

Ofa very superior quality, at 5.9. per gallon, and .