CONGRESS.

HOUSE OF REPRESENTATIVES.


Tuesday, Jan. H.
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4 MI i m. INtlSUtl, REOlu tuC Sche


on military affairs, delivered in the iol-


lowing report:


"Tbe committee on military affairs, 10


whom was referred that part Of The Presl-
dents message, of the l7th November


1918, which relates to the proceedings OF
the court martial, in the trial OF Arbuth.
not aud Ambrister, and TO the conduct ol
the war against the Seminole Indians,


REPORT:


That after perusal Of the various doc
umenis submitted to Congress, on the SUBJ
ject of the Seminole war, they find much
difficulty in separating the responsibility
ol the commanding officer to bis govern
ment, from the obligations Of the United
States to Spain: but as the occupation
and capture of Pensacola, and ST. Marks,
are subjects of negotiation aud CORES
pondence, at this time, between the two
governments, aud as the committee on Tor
eigu relations will probably consider this
part of the Presidents message more inn
mediately connected with their branch OF
The subject, your committee will confine
themselves, in this report, to the trial and
execution OF Alexander Arbuthnot aud
Robert C.. Amhrister.


On the Goth April 1918, general or
der issued at head quarters, fort St. Marks
by Major General Jackson, signed by Col.
Robert Butler, adjutant general, detailing
" special court martial, to meet at twelve
O'clock A. nj. for the purpose Of investi-
eating charges exhibited against A. Ar
bulhnot, r. G. Ambrister, and such others
who are similarly situated as may be
brought before it."


Your committee can find DO law of the
United States, authorizing trial, before a
military court, for such offences as are
alleged against Arbu,hnot aud Ambrister,
Except so much of the second charge, as
charges Arbuthnot awith acting as spy %
of which part of the charge the court
found him mot guilty. nor in the opin-
ion Of your committee does any such usage
authorize, or exigency appear from the
documents accompanying the report OF the
trial, which can justify the assumption or
exercise of power by the court martial,
aud the commanding general, on this oc-
casion. Ii is admitted, as a maxim of
the law of nations, that, when the war is
with a savage nation, which observes no
rules, and never gives quarter, we may
punish them in the person of any of their
people. whom we may take, belonging to
the number Of them,) and endeavor by this
rigorous proceeding 10 force them to re-
spect the laws Of humanity. Wherever
severity is not absolutely necessary, mer-
cy becomes duty.-In vain has your
committee sought among the documents
on the subject of the Seminole war, for a
shadow Of necessity for the death of the
prisoners arraigned before the court.
The war was at an end, to all inteEts and
purposes-the enemy's strong holds had
been destroyed-many Of them killed or
taken prisoners, and the remainder feeble
band, dispersed aud scattered in every di-
rection. The Spanish fort Of ST. Marks,
which it was supposed, (and DO doubt just
ly) had protected them, was also in our
possession, and so entirely was the war
considered TO be terminated, that the Geor-
gia militia, under General Glascock, had
returned to their homes Then where
was the absolute necessity which alone
could warrant departure from the exer
else of that clemency, of which the U.
States has heretofore so justly boasted?


Your committee find, in the general or
der of The 26th April, in which General
Jackson orders the execution OF Arbuth
not and Ambrister, this remarkable rea-
son, intended as Justification Of the exc
culions, principally Of Ambrister, but ap-
plying 10 both Arbnthnot and Ambrister:
g |, is an established principle of the law
of nations, that an individual of nation,
making war against the citizens Of anoth.
cr nation, they being at peace, forieits his
allegiance, and becomes an outlaw aud a
pirate" 1t may be asked, by what system
Of Interpretation the offences charged
could be considered as piracies, which
imply, in common acceptation, offences
upon the higf seas, OF which the court
could not assume cognizance; and it is
equally difficult 10 understand the pro-
priety of the application Of the term :" out
law" to the offenders--a term, which ap-
plies only 10 the relations of individuals
with their oUa governments. 1t will no'
be pretended, that La Fayette, who vol
unteered his services 10 the cause OF A.
merica, in the war which established our
independence, forfeited his allegiance, be-
came an outlaw and subjected himself tc
an ignominious death, had he fallen into
the hands Of the English. Or can it be
believed that Que voice would be heard in
justification Of Spain, if she were TO ex
ecute such of our conntrymen as she may
make prisoners, while fighting in the ar
mics of the South American Patriots ?
l And &c iheso casee eI.ouId moi he cnnsid