-' r - ... ..- ' ' - ,v' FRIDAYi MARCH 5. 1819. V . - ; . . : ? NO. 1015."- ." U;
'.- s OS j ) '
I THE SEMIKOLE WAR,
i' -WEPNF.SDAr,"AX. 20. , '
fr. JOHNSON, of Kentucky, rose im
mediately after Mr. Cla. He.felrhimr
'ifralled'on. havin? been a -member; of
the committee which hafl had this subject'
under consideration, and as one pt tne
pinnrity en the report made by it; to. e3f-!
res his views of the questions involved
n the report, and in the propositions tcq-
red by way of amendment to it. , . With
oat further preface, he proceeded to state
Ct the conduct of Gen. Jackson, in re-
card to tne inaj ana execuiion 01 ra'-mi-rct
cud A rnhrister, jiad! bern the subject
F censure, irorn
a TmscQncrntion' ot tne
firinciple;
were in themselves separate and distinct.
The general order, directing theexecju
tiqn of these men asserted, , that the sobT
jett of any nation, making warpon a
natta at peace with that to which he bc-l.-r;c:.
is an outlaw and a pirate ; and Mr.
J iiKI, it wr.s cbrrectlj- asser d. And
the very same pae of Vattei on whjch
rrntlewcn relied for the support of their
dcririne, would bearvhim out in that, tor
which he contended, and with which gtn -tlcmen
had confounded one entirely dif
ferent. That, where persons have joined
trf standard of a belligerent, they may
eiai
m the character anu privileges 01 me
inv!.vidurd takes "upon l.i-iisclf to create
rn war r witlxiiit ;ir.thirit v frr
aw ana ot tneiacrs ccnnecieai v.-n ic ;
snd, particular!', ' by -confounding two
s of-, the laws or naiions waich
n m T- u i inn i .lMi.iiiiivi iii.iii it x-
-v Mvprnmpnt. h was a t)iffciple enuai- !
h . w j - jir. .
Jv untenable, that he is anutlfiw nqd a
pirate not that he is either technically,
bet that, in fact and by imalogy, he h so
V, be regarded. ,.It is an citahlishcd prin
ciple cf public law, that the crew of any
v'cVsel, engaging in war without the au
thritv cf any commission, may be treat
r c Ti-ate5. anfi nut. to the sword. It.
til but in the same r.;:ge of that respect
d and excel lent, writer, j - . ;
I ?dr. J. said he would venture to sy,
that every grcr.nd taken by that man
Vhce valor and conduct on the memora
ble eighth cf January, in the davktt pe
riod o the late .war," had caused joy to
Spn;n frnm evcrvifac. iwouk! i be turd
tenable on principles which have prevail- j
cd from tne commencement oi civhjza- ,
self to produce chapter and verse to sup .
port his cenduct in everjr incident of tlsat
war. He considered tnt -esscnu'tcinrer-e'its
of justice and of mt'j cy o have been
served in the execution t the fore;gn :n-
cenduiies who stimulated the Jndians "to
barbarities on our frcjitijer scttkTs ; and
tlutt the. military, occupation of Florid: by
Gen. Jackson was: justifiable on the broad
ba.s cf national law, and of satil .duty:
ft) his country. When gentlemen under
took to sav, that Qen.. Jackson! , had. net
herieht of retaliation, let thenr recollect
the case of nrcDosed retaliation, durinir
tie revoliifionary war, for the barbaiiv
Cunlcr of Capr. HuddicJ And on whom
cf the prisoners in our pqwer did the lot
all? Not op a miserable interloper, but
en Capt. A'sgilli an amHble and accm-
plishtd officer.. What then said the C.on-
fress cf the United btates that venera
ble and eidiirhtend body fcvhich carried us
t'lrcygh the Revolutionary conflict? What
did they sa-y-?Why,sir,!iiot only that the
... ' i e v ..u. .l ' n"
tcromanacr in cnici, oui: uiai evrrv r'"i- i
cer ru seDarate command, possessed the j
rght cf retaliation, and ,that, they would
Im port him in the exercise of it. It was S
true, that Asill wis released, for reasons !
cf policy ; but the right of retaliation wasj
FrMii-mnnthv T. T. sauL after the first
on the land, the lixe course -oe. pur.sne-, m , -, -
he o i, giVdt7 of it is in outlaw and a -Hver, here came m the 1:. w et nations
ndi ?andaV-bepnt1 to the sword.-! supply the dcfcjxv ; lor that which
This . as one principle of public. law, and ; f Vfcts to death one; cf our own a ens,
that which tgcntlcmcn had triumphantly 11 much more subject to death t6c fo-
V5"1 V: J . 1 trnt on rf th'S Ars-tv nr
ri'jTrfi t ; t if . w iui.ii in t.w a v-u r i .
c'eirlv supported by the authority of Vat-
ki.t ..... :i. v, u.-f.,.;,., o M n'eet is in nnnm-nif rfnt irt thpre r
vfi - was spin iii'int t.Tuuuiuu, i. viiv. ' ' -.
batt cf Lexincton. and two months taf- f " n th?Y burnt the -seaman ali-e,whoni
terthe memorable battle of Bunker Hill, ; lh?Y had previously tarred and fcather-
Mchihed such a lustrb upon our arms, j
and nearly a year before the declaration
cflndtpendence, tfiis question of the right
ft relaxation was solemlilv discussed, and
Sttded in the eorresDondence between
Gfh.Wasingtcn Zc Gen! Gage ; in which
thp frrir.op'in.Vi -,11., :-.iA Ua ,-
tf retaliation, and declaj-cd that ;he should
; e governed bv it.; In crder to take from
ur ccnmandicg general this right "at the
pfwentjday, Mr. J. sa?d, gentleinen had
,a2am tj?
o uviiucu anu ccniuuiitteu Driwciuies
""tat law's nf n:)tmne t. u-hirhs';in tlipm
-ttv.trs Were entii'etv rlicrinrf.' Th rasp of
vidaals in an arm v .violating the laws
t nations, and the known rules of war,
'ub a clear nrinrinle thnr thpvmav hf
Punished with death ; 4nd it was a prin
equally clear, ttjat in contending
ydZe ioc, you are at liberty to re
?itsfmn had tended: these powers and
t, , ulth,the riht f irepVisal ; and had
-""itarv r To i . . ... . .
i p T VMC,,'-.oy a court martial, witn
f j, ... " J- v UiJloUl ALII a.
,-' . uSnt mhyrcutin the military
"-'tl ,Vir!l ul.lrK .J!K l
-. .... , ..,..-! -. .. t .,j f . x i'ii a i
commanderi and the exercise of .which is
a quesjloii between himself and his God.
; I rejoice, said Mr. J. that the honorable
gentlem an who fast add rcssctT ytju, Ii as
expressed his ppinlonthat the mtentions
of Gen.. Jackson, In what he, has donev
were frood. Irejoice in it, sir, from my re
'spectfer that gentleman,whoeopinionhas
with, me more i$ight than that of any o-'
ther individual ; but this is a case in which
he obstinacy of mV'natut'e will not per
mit; me tp; surrender' my opinion to any
individual .whatever.- '
It-had. been denied, that any example
cqu!d be produced of military execution.
at tlfe f.at of the cf7imanding general, m.
our country. My. J. said he would giye
aninstaricc, in which two individuals were
put to death by Gen. ..Washington,. Reins
ffiven up by therevolted statclinp of IJenn
sylvaiiia as emissaries, sent 'by 'General
Carlton; these men were instantly execu
ted.; Tor tfiis fact, Mr." J. referred gen
tlemcn to the Annual Register, which
now lav before hi'n.
- It ha'd been stated, that the crimes fori
which these, men were executed, were
ofTencesnot recognized," br the laws of the
United States. Mr. J. '.denied..- the fact,
and In --doing so meant ofTnce to no one.
These miscreants, who had imbrued their
hands in the blood of -our. ' country men
t!e instigators of the murders, the fruits
cf which were-VhiTO hundned'calps in
one place, and fifty in another, although',
according to thf documents rend by the
I Speaker, it wi-uld appear that the Indi-
. t
r ... - ... v , ' ;n(.:ru f nni; pi were tnree rruiuiers in r.rrcrr 01 ns
j w i- -? . jiVpr'pH in rnWn v flip-lf trii it
f ... 1 . ' j - t 1 i i . 1 ' f T ' m. . J
.'Accordinc to rur
rVnk-'s,and arti- n
teles of war. whoever should relieve the
enemy wi:; rimncv, v-i!
ti!it:f)f siiYrrwHni- i
; tion.orvhould knowingly hnrS-r bi? pro
i tect thr m, or hold cii"r?sprac!e!)ce. with
"th cTi'.-n.v, wc.c suhiectcd.lo dcKih
o
far th: rule, as to our army, which by
subsequent articles, wr-s m.-dt: so bro
td
i! as to 'nnidv to t'.ie whole human family
tration
were pienuruny
.'catered on thefa.'ige-f history
What
wus the
fr.ct.
s.iRi l.f, hs to tnttnni ot the
oiI'.rCfY who .as Adjutant
. t 1511 I, liiol " l
General f,f he itith forced, during the
Revolution
wr-.s crv
-cf'rjn his o?sn
ind
Lv
Rls
composed of
rht hrigadier
r. J. sai.d ws
if those who
j;.nt here, he,
Gvii. Jackson
k ran i ft:
?-".ncr
and e;
generals. . Gen. Jar.fc son, ?
onlv following. in tlv steps
hd tfone 'bi-f rt
tic. v:,m-
said, :'.H-utto maiutah' thr
woiihl not be human hut he.. stood here
to maintain his devotion to his country ;
: :.lt ..ivqi- i
he h-.d not ianlts, ht
and that, in ti.t course he had pursued in
j the trial and rxen.pion of Arbnthnot anl
iAmhrister, he; had only- trodden in the
fo-'tsteps of the imrnort-i ...Wasliingtoh;
As the execution of the two Indian war-
rirrs, by the exercise t f a summary juris-
diction over them, & the distinction made
between their case and that of the white
r-nien, the. reason was obvious to every
man who had ears and would hear, or
who had eyes'and would see. In relation
to the Indian chiefs, their color wjis suf-
ficicnt' evidence of their subjection to his
ri-htot dfspos?ng of thenx as justice re
quired. The law of nations clothed him
y. ith the power to put an end to their ex
istence. As to the stratagem, of which
guitlejoen had complained, no. one was
less disposed than himself to look with a
favorable eye on such stratagems as were',
contrary to morality. But there; was no
immorality in lioistinr theflag of a foreign
power, nor m capturing the person ot
your enemy when he tin warily, puts him
self in your power. Nor, in 'what had
been done in relation' to these Indians,
was there any violation of humanity or of
public law. Do thev meet us m honora
ble cotnba
t ? said: Mr. J.' ;In the case of 'j
tunate Mrs. Garret, did they !
the unfor
ed, did they meet us in open .-combat ?
Was the war one in "which (Jreek met
(ireck, or an American met the citizen
lor subject of any civilized nation ? If it
were, the course ot Gen. 'JacJtscn, so far
from receiving approbation, would de
serve execration. -But, considering the
treacherous enemy he haVlXo ctpe with.
lintl the object of his measures, which was
to give security to the frontier, and to
save' tfte wasteful expenditure of, the
blood, nnd even of th'ie, treasure of the na
tion; when I think on. this, said Afr. J- I
do not! censure Gen. Jackson ;'but, as be
fore my God, I give him thawks. But for
his energy, what; would have been the
consequence ? , TheT frontier . of;i eorgia
would have been deluged -with hlood, as
it fias been once - before, and the gentle;
man from .Georgia (Mr. Cobb) xvould a
gain have called upqrir us, with a voice. of
patriotism , and a voicb . of thunder; too,
to pay the gallant Georgians for going a
gainst the Seminole's.'). v ; ,
vWith regard to the treaty of I"crt Jark
son;"Mr. J. said, he shouldatr into no
long argument; but he differed exceeding
ly from his honorable colleague. Have
. , ! Tti--it t!ifrp was in tln nmr. nnv netrr.t
we not a riuht, said he, .to; dictate terms
to a conquered enemy
:nemy f Was not the war
which was terminated by that treaty an
unprovoked war Was itnot instigated
against us, and without cause, on the part
of the Indians Oo" wljpse-' heatl should
the blood fall, "if you' cannqt control tthe
Indians with tlie bible ? I wish to Gotd you
could, said Mr. J. and towards that ob
ject I will do, and have, done, as much in
my sphere as any one. There is this'mo
ment, in the heart of my country, a school
Ifoi- l?i rtnrcitinn rif thf Tnflifms in thf
arts of civil life. ; But, '"when you come
into contact with them, when they fkmrish
their tomahawk "aver your head, are you
to meet terri with the bible in your hands
and invoke their obedience ot that holy
relieionof .which ' the Speaker,, tells us ?
I should be the last to raise the sword a-
Iganist them,- li the employment ot sucn
means woulp..appeae. their tury. expe
rience had. shewn it would hot ; and it
became ' hecessaiy to meet and chastise
them. And would any mansay, thati ha
ving put down their hostility- by force,
ve had 'not, a right to dictate to them the
terms of peace ? - We had the right ; and
we made the treaty. That, treaty receiv
ed the sanction of every part of the gov
ernment, this house among them, (by the
appropriation to carry it into effect) and
it was too late, now to disturb it.
But" in regard to the Indian tribes, an
I extraordinary doctiine had beenadvan-
u-r-ui.u llI arc w ic ct'iniucicu ju c-
very respect, in negociating with them,
as independent nations. JVVhat, then, Mr. ,
J. asked, should we say of the trcay?of
Grecnvi!! depriving those' tribes with
whom-it was made ot ?all the superior
rights cf sovereignly ? .
come the. declarations
ot our com mis-
sioners at Ghent, where the British sro-
vt-rnment demanded, as a sine qua nony
'.nat we snama nor only acknowledge tne
independence of the Indians, but should
establish certain boundaries; within which
the lands belonging. to the Indians should
never he sold to us r ' With what indijma-
tion had that proposition been met! The
j Indians, Mr. J. said, were in fact mere te
jnantsat sufferance : not that he would
treat them with harshness for he never
j would. That the, principle that- we have
a right to occupy the country, indepen
! deotly of the qualified right of 'the Indians
1 was't ecognized, hot only by the treaty of
i Green l!e, bit by, the treaty with Spain
herself, who, in the treaty-of ir95t stipu-
lated to keep the Indians within her boun
I darics from disturbing our frontiers. And
i yet, -after all this, it was contended, that
we had been righting wits a sovereign ana.
independent power.' .
As to t!e war, the conststuticnality of
which had been doubted, Mr. J. said, the
President of the U. S. was not only autho-
; rized, but it was his bounden duty, to
j! m ike war on the Seminole Indians. Ad-
rnit, for he xake of argument, that, be-
. . - r a. Vs. v . . l i.r 4-lklArr umito f n VA
mil uuuiiurtijr, yitv y ncic iu uc vwij-
Hsidered as exercising a sovereign and in
dependent authority. AVhat would gen
' tlerr.en gain by that admission ? If it were
true Jiad Ave not a right "to trace them to
i their strong holds, even in a neutral coun
try r Un tnat point,) the expositors ot the
law s of nations were not silent. It was
there laid down, that you may pursue a
I retreating enemy into a neutral cpuntry,'
ir me government oi tnat country, oiner
from partiality to him, or frpm inability
to prevent it,vshall not stop the progress
of the retreating army
Now, as to another point, which, per
haps, considering it as too 'delicate, the
military committee had not thought, pro
per to approach. Mr. J. said he should
be deterred by no such motive, from exr
amining the question of the power of the
President to prosecute this Indian war,
and from censuring him, if, in doing o,
he usurped power, or exceeded his duty.
As early !. as the year 1737, the Congress
had authorized the stationing of troops on
the frontier to protect it from the Indians,
and the call in fc- out of the militia for the
same purpose. -And tins power had been
acted on from year to year, until the law
of 195 settled the poipt Conclusively,
that without a declaration of war by Cou
giess, the President had ' the right to
make vrar upon the savages ; or in the
words of the; law, on the Indian tribes.
Let us,i sid Mr. J. lookat our own
powers -and how Ave iiave discharged
j thero-instead of attempting to divest
ether branches of thegoverrtment ot then
powers. What was our duty ? To pro
vide for calling out the miliUa- for what ?
To execpte.the laws, to suppress insur
rcctioni and to repel invasion. It was on
that principle that ths power was grant-
ed to the Executive of this" country to
chastise the rathless savages for individu
al murders, or for murders committed
with their -combined force. Has thePre
sident,' 'their, said Mr. J. violated his au
thority ?i Certainly not. nd-if you,take
fro mhini this authority, which hVftas so
rightly exercised, what . is. to " become of
our citiaens on the frontiers ? -The heart
of our country might be penetrated, and
the savages besiege our very tioors,.whilst
we are, making long ipeecnes about"the
policy and humanity of repressing their
hostilities. Had such been the case in the
recent 'instance, either from a defect m
the law,1- or in the" execution of tbe law,
the peoplewoald have said, our govern
ment is a rope cf sand, and the blood and
treasure sDent m its establishment has
b? en" lavished in vain, . According, to the
first word of military, command, a tittle
vanea, iz is mage me ayzy 01 tne execu
tive to take care that the la ws"of th U-
nibn are executed, ahd that invasion -is
repelled and for- this (purpose he may
use; the , regular or militia force of the
country. Would it not bean invasion , to
have our helpless women, and the infant
descendants of those who have fought our
battles, butchered by the indi Eliminate
tomahawk ; and scalping knife? And
would it not be a violation cf the" laws of
the country, to permit the hands of the I
incuan to oe emoruea in tne Diooa 01 our
citizens?" 1.- r--',, V. ;'f-' ;t" -: "
It has been represented, in palliation of
Indian hostility, and in derogation from
the justice of the war,- that individuals of
the whites had stolen cattle belonging to
the Indians. It such were the tact, Mr.
J. $aid,; was it n6t;r known that these of-
fenders might be individually punished
outvwas it not Known tnat tne character
of Jndian war, unless where, the Indians
had in seme degree received the light of
civilization, yvas indiscriminate murder ?;
Did not President Washington make Avar
on them for eleven years, from 1783 to
1794, r without an express authority by
law for doingio ? When the gallant Scott,
of Kentucky, led.his Kentucky brethren
against the Indian enemy, was it in consc
ouence of a; formal authority to make
war, or under an appropriation for the ex
pense, merely, of the expedition? And if
we I were hot at liberty to'Dursue this
course, in what condition would be plac
ed the unfortunate settler on the frontier'.
of Georgia, in Alabama, in Mississippi,
and in Michigan?. K - - -.
, If he was justified in right and in . the
strictestinterpretatioh of law in what he
had done, as Mr J. contended Gen. J. was,
he Could not see on what principle so great
a hostility; was raised gainst one of the
most distinguished oiScers of the country ;
who had borne the helmet in the front f
battle in fighting its cause ; whose every
object was the good of his t country and
who enjoyed the affection of the country
in a degree not to be taken from him but
by treason or the imputation of imprQper
motives.' Do we not, said Mr. J. stand in
need of military fame ? Do we not yaht
it to secure us respect in Europe ? Do we
not! want it at home ? - '
MryJ. then proceeded to. touch upon
the'opihlori of his honorable" friend and
colleague for whom Tie felt .not only
friendship, but ".affection that these in
cendiaries were put to death without ne
cessity. ' He argued, that though, after
destroying Mickasuky". and burning the
Suaney towns, Gea, Jackson, thought
the war was at an end, he was afterwards
Convinced I he had been i mistaken ; so
muchlthat he had found it necessary
afterwards to go to Pensacoja, and to
leave two companies to scourihe country
arotindjt, who were noW fighting gallant
ly agfairist the savages, who would have
deluged the country in blood but for these
measures, . It, was kind, if ot just, to
Gen. Jackson, to take the reasons which
lie himself assigned as the ground of his
measiires. He stood before this House
not only as a great captain, but as a man
of sound sense and discretion. Gentlemen
had said the war was at : end. But how
many of the enemy had been billed ?
Look to the fact, in relation to the power ;
of the, enemy. They yet existed, when
the sentence of death was(carried into ef
fect; against Arbuthnot and Ambrister; in :
a forceof greater amount than that which
Geri. Jackson had with hlrn . Look at the ;
communication of Arbuthnot, stating their j
force to be 3,500 men ; suppose these in
stigators of the war had been suffered to
remain and go at large suppose the be
nign influence., of mercy, in the breast of
this honorable aridj-espectable court mar-.
tial had weighed down 'the scale ofjus
tice, and these men had been discharge,
what would have been the -situation of
tne j. irontier ot ueorgia f vv ouid it not 1 1
have been the same as during the British j
war ? "These ignorant savatres were de-
luded by their abettors into a belief that
they "were competent to eppe with the for
ces of the United States. Of the" twelve
chiefs; who sighed the power of attorney
to Arbuthnot, though two liad been hung;
there yet; remained ten,;jand three 'h un
dred men who formed their command, to
makej battle against pdr forces under the
instigation of the rnispreants who had be
foje stimulate them' to war fainst us
and! to" theiH own ultimate ruin. Mr. i.
was. proceeding to shew, that these men
deserved the name of miscreants, when
Un suggestion ot a gentleman near him,
he. gave way for a moment ,
Arid the committee rose.
TtltTO CT A V
JAN. 21..
The 'committee having a;aiii taken
up the sabject of the Seminole V ar
-' .Mr Jo ioi son resumed JLhe speech which
was interrupted by yesterday s adjourn
ment.! He congratulated himself; he said,
that the difference of opinion on thisocca
sipn yas not a factius-dinerence? . When
he glanced at thejcharacters of these iyho
,haa already spoken; on pppositdt of
the question, he saw witiripleasurethat
this was no mere party squabble CHe
took :his opportunity to disclaim, in -the
most direct r.nd positive manner, - aey iii-
tentiqn to vouna the iceiimrs ot any ot
his valued friends who were opposed -to.
him on this question ; and, tbjoujgh -the v
interest and welfare of thecomniniiiity re-)
quired a .free and Unreserved discussion.
uc ,ueciavea ne snoiua leei theu same
warmth of friendship to-day towards gen
tlen; as friends1 and politicians Jwhich.
he did? before the commencement
of thi3'
debate. '
He had' already
stated, ne said
-
that
Gen. Jackson disti
ayed more;knoledjrc
in the wilds of Florida, oh this1 siibiect.
K- i I .. . ft. -
than any member who had taken part in
this discussion : and that srentlenen .hM
blended two principles1 in thelawsjof na
.turns togetber, the , distinctidri. bet weeti
which Gen. 'Jackson had sen ad oWrv
ed. The Che Ara! the! case of;-' Volunteer'-
entering a foreign, service for th purpose
of improving themselves, inv,the use.'of
arms antd the knowledge of the art if war) .
which case is thus stated in Vattei, p:
40i; sec, 230 :L4 The noble vie w of ekrnin .
instruction in the art of war, and thus ac-
quiriig a ffreater-degree of ability tb'reii
der useful services to their; country, has
introduced the custom of serving as vo
lunteers even hi foreign armies ; I and the A
practice 4s uhdpubtedly justified by the ,
sublimity of the motive. At present vo- '
lunteers, when taken by the enemy, are
treated as if they belonged to' the army '
Hn which they fight. Nothing can be more ,
reasonable : they, m tact, join that army,
and unite with it in supporting the same
cause; and it 'makes little differerce in
the case whether thejr do this injcompli- '
ance with any obligation, or at the, spon
taneous impulse of their own free choice."
iijuch was the case' of Kosciusko, 'of Fay
ette, and the other illustrioas, foreigners
who entered our armies during the revo
lution, who yere volunteersin "the test of
causes, but whose rights would riot have 7
been lessened had the cause-been that of ,
despotism and tyrariny, instead of'tliat ofj ,.
freedoni arid independence. But thhrcasei
was widely 'different from that of in erl6i v
pers, exciters of wars, and enemies of sthet '
human race,1 who mighrbe hung uf , and
ought to be, by military law, as so many,
robbers and pirates , In the cpurse jpuriu
ed'by Gen. Jackson, then, and in hu doc
trine to which exception has been taken,
he is even more than fcrprne butyVriter3
on the laws of nations, as Mr. J. slijewed ; '
by the following references : Vattei,' p. '
400, sec. 226i . " Even after a declaration ,
of AyarxbetwefentwoVhations if the! ea-?
sante of the mselved ; Commit any hbstilitie -the
enemy shoys them noi mercy, bat
hangs them up as he would so many rob
bers or banditti The crews of private
ships of war stand in thesame predica
'ment a commission rfrom the sovereign ' .
or admiral can alone, in case they aro.
captured, jensure them such treatment' as
is given to prisoners taken In reguiarf war
fare." ) Martens, p. 272, b. 8. 41 Thje vio
lences committed by the subjects ; of ojie
nation against those4 of another, i w thoiit
authority frora)their: sovereign, are novr
looked uiyon 'as robberies, and th p eipe-'
tratbrs Sre excluded from the rig itu. of "
JawfuienernWs.'' Page 285 .Tlrjose.
not authorized from their sovereign!, wfa
take upon" themselves to attaclc the ene- '
my, are treated by him a6 banditti,, ; -284.
' Those, whoj -.unauthorised by the; ;
order of their sovereign, exercise violch
ces against an enemy, and fall into tnat e
nemy 's hands, have no right to expect the
treatment, due to prisoners of war j; tlih
'enemy is justifiable in piitting.Uiem to ,
death as banditti. The evidence before ;
the court sufficiently establisbcd'the facts ;
i on which, under the above passaes;of tte ,",
jlaw of nations, Gen. Jackson wS autlui-
rised, if not bound, to proceed 'v i-';
Was it supposed by gentkmen.
asked; that Gen. Jackson was so Sgiiorant
ot the language of his coimtrV that he did
not understand the tneanirigxt trie words
44 pirate and" outlaw." An .outlay rl
Ccmvict certainly J was as out of thejiro
tection of the soverenty cf Great riritatn r
or of any other nation. In relation to the1 '
3"
it had other mc
I'M jbw (.1
"iicaubi
term
5
thauiits technical one there were piratea
on land a3 weir as on the. ocean.
. . i! r .
yv e arc
whether
not here, said Mr.-J. to enquire
General Jackson used technical
itcrms,
I but whether he did ubstaiitiallr or ieraU
I. ... v . . r . L.f V
ly right. :. w mist we are searching our
law books and libraries:. forbur definitions,
1 hope wc shall not lose sight of the (dif
ference between oTr situation and :hat of
f the general while in the field ; 'whilst our
neads rep on downy piiiows, aiiu. we
can rise ynd lie down when w e, Mease,
he had an "object to accomplish ace very
hazard, and at eve ry.cjpst, which h'coujtl
riothava attained if he had "not acted a
he did. - Would vou rather, said Mr.- J.
that these men
country delueed
were living,
i'i Mood, of t
and the
wt tiicse
would have been p.ut tndeath ;
were p ronerl y ih Veil lis legal
ariithey;
W - put-to,-
I death, ip :':pur.stMncq o : Gen.
f object, which was, ijftxoVtfifig
Jnctson's)
M his in-"
structious, to put a sJwcuy -and-
eficciual
A rtictes of war f-6. " Vhosoeyfir hall V
cxau,v. or
. e . .
Mr. I.
men should have srirtd .according to
ihefrdeserts.'i'tsemfJiih bceii guilty
of -that for which cue ot our own ciuiei!
Do. 57 Wlnwoevei? - stid Icutfr ir t,i K
of '-hoinf'correKMul nce w'i'rh, c irit;1 - ' '
Pntellifrence- to the enctniciint e JirMstlw -rT:
i'-r:dir.ecilv, ilwU sufler -S&l' i- "v.. -u - r
3i!
i
I
1
1
i
"1
-'4
t.
.
K
4.
I'll
'TV!
. ,1
M 1,
if
i
7
li
'I"
i
,1
.1!'
i
... . Pv
I
V.r,
4
1W
. 1 : . .
- - : t. w f -
I'M
II)
ar
- -