sterritory, said that this enemy cannot be pursued to this without an act of hostility against Spain. Unfortunate, indeed, would be the con- dition of the United States, if a horde of unprin- cipled banditti, holding a residence on our bor- ders, could prosecute a cruel and exterminating war upon our citizens and then take refuge across an ideal line, whereithe laws of nations forbid us to approach them. Sir, let gentlemen tell me of. another instance where your enemy has a right to perfect security against your approach. It would be a war of a peculiar character, where one side only gives the blows. _ VV hy, then, should not Gen. Jackson and his army cross? Will any gentleman point to me the clause in the constitution or laws of the United States that forbids him ? Nay, more. C80 an)’ 003 o..er a reason why he should not pass into Flori- da, wliicli would not equally forbid his crossing the Indian line -wit/zin the limits of the United States? It would be preposterous and absurd to pretend that you cannot pursue your pnemy to any refuge to which he is entitled. _'l he S_emi- noles, then, being your enemies, and having a right in Florida beyond the control of Spain,_the inference is irresistible that you have a right to pursue and fight hitn there in your own de- fence._ _ Gen. Jackson having crossed irito Florida, for the purpose of meeting and fighting the betnin'- oles, what are his duties towards those who pro- fess an allegiance to Spain ? The case is peculiar, and, perhaps, stands on its own foundation.‘ It is difficult to illustrate it by analogy. VVhile we are on enemy’s, we are, in some sense, on neutral ground. The ocean being the highway of ‘na- tions, and all having concurrent jut-istlictioii, it is possible a case may there be found affording an illustration. You discover your ener‘n'y’s fleet at a distance. On approaching it, you perceive neutrals intermixed. Some are of a doubtful character, wearing the neutral flag, but exhibit- ing other symptoms of a belligerent character. Some seem engaged in affording facilities to the enemy to defend themselves or to escape. In such a case, you are bound to exercise your dis- cretion, and to capture all those of a suspicious chai'acter. Should you mistake, it is not your fault, but the misfortune or folly of the neutral in being found in company with your enemy, in a situation to excite suspicion. A discretion, there- fore, must rest with a commander to discrimin- ate. In the ordinary case of invading the coun- try of a civilized nation, the commanding gener- al is obliged to distinguish between the public and private property, and between combatants and non-combatants. There are situations in which it is extremely difficult to deterrnirie, and it not unusually happens that this power of dis- crimination necessarily devolves on the subordin- ate oflicer, and even soldiers, whereby many of the innocent and unoffending are made to suf- fer. , . When Gen. Jackson marched his army into a country where he must necessarily find neutrals, as well as enemies, the right of discrimination devolved on him. If a Spaniard was found in the ranks of the enemy, aiding an_d assisting in hostilities, he was bound to consider him as an enemy. If the guns ofa fort were turned against him, or the fort used by the Indians as a post of annoyance, he had a right to consider the soldiers there as associated and identified with the enemy, and to wrest from their hands the means of hos- tility. Even should he mistake, he is not sub- ject to censure, but it is the misfortune of the neutral in being associated with our enemy, and placed in a situation where suspicion might at- tach. But, sir, I by no means. admit that Gen. Jackson needs such an apology in this case. I will prove that the Spaniards in Florida, were identi- fied with the Indians, and the posts taken by Jackson were under Indian control. I will prove that the Spanish oflicers and inhabitants in Flori- da have conducted most treacherously, pretend- ing to a neutrality which they have constantly vio- lated. I will show to the committee, by proofs incontestible, that the local authorities were the exciters, promoters, and prosecutors of the war, and furnished the means of carrying it on. I lay Spain oitt ofthe question. Poor, miserable,degra- ded Spain, too weak and palsied to act or think. She has btit the shadow ofauthority there, and, so far from being able to control the Indians, or even her own subjects, the country, as to /ter, is a per- fect derelict. I will ask this commitee to go back with me to the year 1813, and frorri that period to the capture of Pensacola, to witness the Spanish officers exciting the Indians to vengeance, furnish- ing them with the arms and munitions of war; -tamely acquicscing in the most flagrant violations of their /treteinded neutrality, and suffering the territory to be prostituted to every banditti who might be disposed to annoy or distress the people of the United States. _ Sir, before I proceed to an account of these transactions, allow me to subjoin a few remarks, in reply to what has been said relative to the con- duct of the I:‘.xecutive, in engaging in this war. The gentleman from Georgia apprehends that the President has violated the Constitution. Du- ring the last session of Congress, it was known that this war could not be terminated without marching the troops into Florida. The Presi- dent of the United States, in his message of 25th March, and four weeks before the session closed, informed this house that he had issued orders to Gen. Gaines to cross into Florida, to pursue and and chastise the enemy, but to respect the Span- ish authority, wlzerc it -was maintained. VVe ac- quiesced : we appropriated the money tolpay the militia, and without a whisper of disapproba- t-ion. ' ' - Connected with this part of the subject, I re- gret to be obliged to notice an intimation from the gentleman from. Georgia, that Gen. Jackson might jzossib/y have orders from the President different from those communicated to this house. Sir, though the gentleman did not state that he believedtliis, yet when a member of this house will intimate that it is even /zossiblcthat the Presi- dent of the"-«Uni'.'_ed Stateshas practised such du- fplic,'ity, and-will~endea_vot' to show evidence of the ‘s.. \ grounds of such intimation, it becomes our im- perious duty to inquire. If the President has given to Gen. Jackson one set of orders, and im- posed upon us 3 dzflrent set, he has practised a hypocrisy utterly unpardonable, and-he ought to be exposed to the indignation of the American people. \Vhat, then, I repeat, can be the ground of this suggestion? The gentleman quotes the letter of the Secretary of \/Var to Governor Bibb, of the 13th May, stating that Gen. Jackson had full fZ0’u't,’_7‘S to prosecute the war at liisjdiscretion, and, as we have Seen no such full /tower to Gen.. Jackson, he leaves us to infer that the document _is withheld. A brief statement of the factswill, I trust, explain this mystery, even to the satisfac- tion of the gentleman from Georgia. The Sec- retary's letter of l6th December last, authorizes Gaines to cross into Florida, under the restriction as to Spanish fortresses. His letter to Jackson, of the 536th of the same month, directs him, to «whom the command -was nova _tran.g/‘erred, to con- centrate his forces and adopt the necessary meas- ures to bring the war to a speedy conclusion.- Gov. Bibb, not knowing of the orders to Gen. Gaines, on the l5th April, I818, writes to the Secretary, that he has no authority to pass the Florida line, and wishing for orders. The See- retary on the 13th May, replied, that the orders to Gaines to cross were siifricient for lzim, and then adds, that Gem Jackson had full powers to con- duct the war. Taking all these letters together, can there be a doubt of their meaning? The au- thority to cross was that given to Gaines and transferred to Jackson on his assuming the com- mand ; and the full power, mentioned in the let- ter of the 26th December, and meant and intend- ed nothing more than that Jackson was command- er in chief in that quarter, and that his powers were sufficiently extensive to accomplish the ob- ject of his" appointment. Can gentleman find, in all this, sufficient ground to suspect the Presi- dent of fraudulently suppressing a document ?—— Were the gentleman a judge or juror, could he find, in this, sufficient to convict, or even to cast a well grounded suspicion upon the meanest wretch who crawls in the filth of society ? And yet this is offered as ground ofinquiry against your Presi- dent I Sir, is itliberal, is it candid, is it charita- ble, is it magnanimous ? Sir, who are we ? Are we the peo'ple,'or, like the President, the servants of the people? And should we suggest such suspicions, on su'ch evi- dence, may not these same people call us to an account for a malicious prosecution without prob- able cause against their President and friend ? I do not profess to predict what would be their de- cision, but I confess [should be" unwilling to submit to them such a‘ question on such evi- dence. ' [Here Mr. Holmes details at some length, the acts of hostility of the Spanish officers and inhab- itants of Florida, from the year 1813, to the pres- quainted. He thus proceeds :] ‘_ Isit not demonstrated, then, that the Spanish” officers and inhabitants of Florida were identified- with our enemy ; and that the posts of St. Marks. and Pensacola were converted to the use of the] savages? Even then, upon the strongest.bypothe- sislin favor of these people of Florida,upon the sup- position that the jurisdiction of Spain was concur-' rent with that of-the Indians, and that the Indians .; are indepenclenrin -war, we had a right to enter .5_ tin provoking and prosecuting hostilities. All this territory, to meet and conquer our enemy; and to take the posts thus become hostile. In speaking of the case of Ambrister and Ar- buthnot, it becomes necessary to notice a remark in the report of the military committee. They state that, at the time of the capture of these men, the war was, to all intents and purposes, at an end ; and they very appropriately distinguish this sentence with three notes of admiration.—— And, Si r, it is to me matter of the profoundest as- tonishment, how those gentlemen discovered that the war was at an end. Do they find it in Gen. Jackson’s letter of the‘20th at-id 26th of April? In these, although he expresses his intention of returning to Nashville,he expressly states the ne- cessity of securing the country on the west of the Appalachicola. He had not yet crossed that river, and, between this and Pensacola, there was a distance of near two hundred miles, with scarcely an inhabitant except Indians. Do the committee infer it from his discharging the Georgia militia? Sir, there is a better reason why they were d'ischarged—-the best reason in the world-—-they were not wanted. It would be marching them near two hundred miles further from their homes, making an additional march of near four hundred miles, while the Tennessee troops would be about as near home at Pensacola as at St. Marks. His force was strong enough without them; they would have been an actual incumbrance, and could have afforded him no manner of aid, but that of eating up his provis-: ions—-an aid, by the bye, which at thattime Gen.’ Jackson did not need. Sir, if the war was, to all intents and purposes, at an end, the coinmittee have not gone far enough. Gen. Jackson should have been ‘charged with high crimes and misde- meanors, inde_ed.. Every step which he after-I wards took, was in violation of his express orders,‘ and every death he occasioned was an act of de-’ liberate and malicious murder. He has wanton.-f ly wasted the trfoops and treasure of the nation, and stained his hands with innocent blood. But how, sir, was this war to all intents and purl poses at an end ? Had the enemy been conquer- ed? had he submitted? had he offered terms ‘of peace ? Does not every one know, that, to dis- perse Indians, is not to conquer them ? Was it not extremely probable that the enemy had reti- red to his covert and fortresses, there to wait fora favorable opportunity to issue forth to retrieve his disasters, and take ample revenge? And is it not a fact, that, near a month after this war was to all intents and [lu1‘[l08B8 at an end, Maj. Young en- gaged, fought and defeated a large body of the enemy, on the Escambia, in the neighborhood of Pensacola? How, then, is it, that we hear that the war was to all intents and purposes at an ter to Bibb, was that vested in Jackson by the let- , ent time, with which our readers are already ac- , end ? l / L I am willing to admit, for argument, sir, that if Ambrister and Arbuthnot were acting under orders or authority from the British govcrmnt-nt and Jackson knew it, he should have retained, and treated them as British prisoners of war. But, isit fair to presume this? 'With Great Britain we were at peace ; antlthough Nicholls had made a treaty, offensive and defensive, with his Brittan- ic majesty, there is no evidence that it ever was ratified. VVlien Nicholls went to Flnglancl, with his prophet and his treaty, the American minis- ter there protested to Earl Batliurst against the proceedings of this incendiary. Earl Bathurst discovered the whole transaction, and stated that the treaty would not be ratified, nor Nicholls ad- tnitted to an audience. The same disavowal was repeated by Lord Castlereagh, on his return from the continent. ‘I regret, however, that circum- stances exist, to authorize a suspicion of the in- sincerity of the British government.——Although our minister in London pressed both of the a- bove gentlemen repeatedly, by several official notes, yet he never was able to extort adisavowal in writing. The same caution, it is understood, has been manifested by the agents of his majes- ty’s government here. There are other circumstances, which go to tlirow.a mystery over the conduct of the Briti-sli court in regard to these Indians. Papers were found with Arbtithnot, which might tend to in- crease the suspicion. His letter to Nicholls of the 26th August, 1817, informing him that Go- vernor Cameron of New Providence had shewn him a letter from Bathurst, stating that the Brit- ish minister at VVashington had orders to watch over the interests of these Indians——the conduct of Cameron in the afi'air—his unsigned answer, rderred to at the close of this letter—and the respectful notice taken of the prophet Francis while in England ;‘all go to create a suspicion, that the hand of the government is in this thing. But, as the British government has -ucrbally disa- vowed_ all concern in the afl'air, surely General Jackson could not -presume anything in favor of these men, by suspecting the integrity of their government. . The justice of their execution cannot, in my mind, admit of a doubt. They were volunteers in the service of a lawless tribe of savages, whose mode of warfare is indiscriminate massa- cre of all ages and sexes. It is right, it is mer- ciful to infiict on these savages those cruelties which they practice and inculcate‘. In this, how- ever, it is proper to select the most attrocious and vindictive. To spare the effusion of the blood even of savages, and to effect that security which arises from eminent examples, it is pru- dent and wise to select those men as object of re- taliation and punishment, who are the most ac- tive and successful in practising and inflicting cruelties. Who, then, could have been selected as examples, with more justice and policy, than these two foreigners, who had been taught in the school of humanity, and understood the distress- es which their conduct would inflict ? The gen- ‘eral had a right to execute them without trial.- This right is an executive right, and rests in the commanding general. A trial by court martial, strictly 8/leaking‘, in my mind, was illegal. As the general had power to execute them without trial, there could be no good reason to try these men, which would not apply to the chiefs who were hung without trial, except the necessity of asccrtaitiing whether they were in fact concerned that Jackson could have legally done, would have ’ been to appoint a board of oflicers to ascertain this fact. All the authority which be delegated to them, therefore, beyond that, was illegal ; and it was his duty to annul it, and pass the judgment and sentence which the facts justify. The most then, that can be contended, is, that this was a wrong mode of doing a right act. And though I am not an advocate for the principle, that the end justifies the means, yet, in this case, I see nothing so erroneous in the means, as to impeach the character of the end. The truth was found by the court martial, and upon this it was his du- ty to decide. He did decide, and I trust correct- ly. I will not tire the patience of this commit- tee by a particular statement of the evidence a- gainst these men. Ambrister was taken in arms, and the proofs against him are abundant, that he was actively engaged in provoking and prosecu- ting this war; and that be enforced the precept of his master, Nicholls, to regard the affections and anti/tat/ties of the Indians. Arbuthnot was not only the exciter but supporter of the war.-— Throwing off the treaty of Fort Jackson, of 9th August, 1814, he keeps up the pretence, that these Indians were not bound by it, but were re- lieved by the 9th article of the British treaty.—- He is the successor of Nicholls. He calls for succor from the British government. He is the associate and confidant of the commandant of St. I/larl:s.« He furnishes the Indians with the weap- ons of destruction. ' Sir, an awful responsibility rests upon this house. Upon their decision rests the ‘safety of thousands. Iliope and trust that the period has arrived, when the U. States shall have adopted a rule of policy, to jzunislz every foreigner -who 8/tall instigate tlzc savages to war. Let it from hence- forth be promulgated, that no citizen of a civili- zed nation, who excites the savages to war, is to be spared. That wherever he may be found, he is to be deemed the enemy of mankind, and to suffer instant death. Had this rule been adopted 40 years ago, and rigidly observed, how many dis- consulate mothers would now be happy in the embraces of their children I How many bereav- ed parents, and children, and husbands,and wives, would now be surrounded by their respective friends, and enjoying the endearing charities of domestic life 1 Sir, it is not a matter of trifling importance for a man to quit the sweets of society,‘ and to become an inhabitant of the wilderness; surrounded by savage beasts and savage men. The privations and dangers he is to endure, demand the protec- tion and solicitude of the nation. Gentlemen in this house can well describe the dangers and hardships through which the frontier settler has .of the sea.’ to ‘pass, and I appeal to the gentlemen from the west, pa1‘tictllat'ly, if it is not well understood, and fully believed, that most of the Indian wars were instigated by foreigners? I ask gentlemen to look back awhile, and examine facts. lLet them recollect the letter of Mr. Jefferson to Mr. Hammond, on this subject, in’ 1792. Let them examine the facts in proof of foreign instigation, which occurred before and after the defeat or St. Clair, and the victoi-y‘of' Waye. I could call to your recollection the address of Lord Dor'ches.. Uri‘: advising the Indians to take up the hatchet. The numerous cases of British traders urging andprovoking hostilities, and of British subjects found fighting with and painted like lndians.--- But these arefamiliar to gentl en who witness- ed the events of those times. A mass of evi- dence on this subject was collected by acommit. tee, who made to this house, on the 13th ofJune, l8l2, a very able report, on the subject of Indian hostilities, and their causes. I will, however, read you a paragraph from a late document of very high authority, and which presents the facts in a very forcible and emphatic niahner. It is thus expressed : ‘ The undersign- ed very sincerely regret to be obliged to say, that an irresistible mass of evidence, consisting prin- cipally of the correspondence of British officers and agents, part only of which has.- already been published in America, establishes, beyond all ra- tional doubt, the fact, that a constant system ofex- citement to those hostilities, was ])lll'SUt(l by the British traders and agents, who had access to the Indians; not only without being discoun- tenanced,b:.it with frequent encouragement by the British authorities. And ifthey ever dissuaded Indians from commencing hostilities, it was only by urging them, as in prudence, to suspend their attacks, until Great Britain could recognize them as her allies in the war.’ Sir, do you ask me for the authority which I \ read? I answer it is a communication made to the British commissioners at Ghent; and it is signed by John Q. Adams, J. A. Bayard, Henry Clay, Jonathan Russell, and Albert Gallatin ;— names which this country, I trust, will long de- light to honor. Sir“, is further proof needed ?--. Let the disconsolate widow, and helpless orphan, whose cause 1 am advocating, be my witness. ' Iconfess sir, that I am excited, and my sensi- bility is awakened. My imagination transports me into somedistant wilderness, in some seques. ' tered spot. A female form stands before me, and seems to say, ‘ once I enjoyed the conven- iences and pleasures of life. Excluded,in some measure, from the enjoyments and allurements of the world, I was happy in the society of my husband, and the embraces of my children. The bounty of Providence was poured in, in copious effusion; the sun of prosperity had risen, was shedding its beams upon us, and hastening to its meridian. But, it was obscured at once by a cloud. Some foreign incendiary prompted by avarice or revenge, excited the savage, and pro- voked him to vengeance. The midnight yell was heard—-our- habitation was assailed-—-the doors were forced—the horrors of despair thick- ened around us. My husband met and fell un- der the fatal stroke; my children citing to my neck,_ and fastened on my bosom ;—-they were torn from my embrace, and mangled and mnr. dered in my presence ! I was doomed to a more lingering fate—-to endure the torch and the fag- got, and wait the tardy approach of the fatal mes- senger, in most excrutiating torment. Our spi-' rits have taken their flight--our mangled bodies are cast out a prey to the vultures and wolves of the desart-—our bones are scattered and bleach- ing on the mountains. Go, tell the advocates of false humanity--go. tell your countrymen, who revel and wanton in the luxuries of freedom, that there is an avenging God ; that justice and mer- cy demand a prompt and severe retribution ; that duty and policy demand that you should punish with instant death every foreign instigator of In- dian barbarity, ‘w/Icre’ur7‘ he may be, and '!v/1e7zc'v- er he may be found. Then will your country be. come the protectors of the unfortunate, and the defenders of the defenceless. Then will you have tranquility on your borders--prosperity in your dwellings. Then will your peace be indeed as a river, and your righteousness as the waves There is a pause-—and I seem to hear the responsive ./Imcn, descending from the throne of infinite mercy. Illonclay, Feb. 1. BANICOF THE UNITED STATES. Mr. S/zcncer presented for consideration the following resolution : _ Resolved, U‘c. That the Secretary of the Treas- ury shall cause all the public deposits in the bank of the U. States and its several offices of discount and deposit, to be withdrawn on the first day of July next; that after the said day, the bills_ or notes of the said corporation shall no longer be receivable in any payments to the U. States ; and the attorney general of the U. S. shall on that day, or as soon thereafter as may be, cause a scire _/Ezcias to be sued out in conformity tothe provisions ofthe ‘ Act to incorporate the subscri- bers to the Bank of the U. States,’ calling upon" the said corporation to shew cause why its char- ter should not be declared forfeited: unless the said corporation shall, by a legal act to be deliver- ed to, and approved by, the attorney general, and ‘ to be by him transmitted to Congress at the next session thereof, declare its assent to the follow- 'ing propositions, on or before the said first day of July next. viz. - [Here follows 12 propositions to be subscribed to; the Is: proposition relates to the ownership or transfer ofstock—The others gives the President ‘ of the U. States power to remove any director for misconduct-1-'l’hat no discounts shall be made without the consent of -at least 4 directors-—That persons holding stock, upon which any instalment shall have been paid by the‘ proceeds of the notes discounted, shall be compelled, gradually, to pay A the full amount of such instalment in coin, or in coin and funded debt, and no dividend of profits ‘ to such stock, until the payment is completed-— That the secretary of the treasury be permitted, '
Norwalk Chronicler