mature deliberatiou, they decided that this court are incompetent to take cognizance of the offences alleged in that charge and specification. John Winslett, a witness on the part of the prosecution, being duly sworn, stated, that some Peter B Cook, a former clerk to the prisoner, time before last July, the Little Prince received and a witness on the part of the prosecution, be a letter, signed by a Wr. Arbuthnott, advising the ing duly sworn, stated, that about December or upper part of the nation to unite with the lower January last, the prisoner had a large quantity of chiefs in amity, and stating that the best mode for powder and lead brought to Suwany in his vessel, them to repossess themselves of their lands, which he sold to the Indians and Negroes; that would be, to write to him, (Arbuthnoti) and he subsequent to that time, which he cannot recol would send on their complaints to th governor lect, Ambrister brought for the prisoner in his of Providence, whence it would be forwarded to (the prisoner's) vessel, nine kegs of powder, and his Britannic majesty, and he would have the a large quantity of lead, which was taken posterms of the treaty of Ghent attended to; he session of y the negroes The witness also idenmoreover, stated his belief that the encroach tified the letters referred to in the foregoing ments on the Indian lands, were unknown to the charges and specifications marked A, B, C, D, E, President of the United States The witness also F, G and H, also, the power of attorney, No. 1, identified the signature of the letter of the pri-granted by the Indians to A. Arbuthnott, being the soner to his son, (marked A,) referred to in the first specification to the second charge, and here. tofore noted as being the same with that sent to the Little Prince. The witness, on being further interrogated, stated the language of the letter alluded to, to be, that the British government, on application, would cause to be restored to them their lands they held in 1811, agreeably to the terms of the treaty of Ghent. prisoner's hand writing. Question by the court-Have you at any time, within the last twelve months, heard any conversation between the prisoner and the chief called Bolegs, relating to the war between the United States and the seminales? Answer-I heard the prisoner tell Bolegs, that he had sent letters to the prince regent, and expected soon to have an answer:-Some time afterwards, some of the negroes doubted his carryQuestion by the prisoner. Who is the Little||ing those letters, when the prisoner stated that he Prince, or is he known by any other name? Answer. He is known by the name of Tustenukee Hopoie, and is the second chief of the nation Question by the Prisoner. Where is the letter Has this Little Prince no other name than what you state? Answer. Not that I know of. Do you swear that the letter alluded to was addressed to the Little Prince? Answer. I do not. It was presented me by the Little Prince to read and interpret for him, which I did. Question by the Prisoner-Are you certain that the letter stated that the chief magistrate of the United States could have had no knowledge of settlements made on Indian lands, or injuries committed? Answer-The letter stated that to be the belief of the writer. John Lewis Phenix, a witness on the part of the prosecution, being duly sword, stated, with regard to the 1st specification of the 2d charge, that being at Suwany, in the town, about the 6th or 7th of April, he was awakened early in the morning by Mr. Armbrister's receiving, by the hands of a negro, who got it from an Indian, a letter from St Marks, at that time stated by Armbrister to be from the prisoner. Question by the prisoner-Did you see that letter, or hear it read? Answer-I did see the paper, but did not hear it read. Question by the prisoner-Did you state that the letter was received by an Indian express? Answer-So the black man that delivered it said. A question being raised by a member of the court as to their jurisdiction on the 3d charge and its specification, the doors were closed, and after" had, but the distance being great, it would take some time to receive an answer. By the court-State to the court, when, and where, you first saw the letter signed A. Arbuthnott, dated April 2, 1818, referred to in the first specification, and the second charge? Answer-About the 6th of April, a black man who said he had received it from an Indian, gave it to Mr. Armbrister, whom I saw reading it. Question by the court-Do you know by what means that letter was conveyed to Suwany? Answer-I understood by an Indian, who was sent from St. Marks. Question by the court-Who paid the Indian for carrying the letter, referred to in the last interrogatory? Answer-I do not know. Question by the court-What steps were taken by the negroes and Indians, on the receipt of the letter? Answer-They at first believed the bearer an enemy, and confined him, but learning the contrary began to prepare for the enemy, and the removal of their families and effects across the river; the Indians lived on the opposite side Question by the court-Did the Indians and Negroes act together in the performance of mili tary duty? Answer-No; But they always said they would fight together. Question by the court-Did not Nero command the blacks, and did not Bowlegs own Nero, and was not the latter under the immediate command of Bowlegs? Answer-Nero commanded the blacks, and was owned and commanded by Bowlegs; but there were some negro captains who obeyed none but Nero. Question by the court-What vessel brought to Suwany the ammunition, which you said was sold by the prisoner to the Indians and negroes? Answer The schooner Chance, now lying at the wharf; she is a fore-topsail vessel, belonging to the prisoner. The witness also identified the manuscript of the prisoner, in a paper-granting him full power to act in all cases for the Indias, numbered 1; and also a letter, without signature, to the governor of St. Augustine, numbered 2; further, a letter without date to Mr. Mitchell, Indian agent, numbered 3; and an unsigned petition of the chiefs of the Lower Creek nation, to governor Cameron, praying his aid in men and munitions of war, number ed 4-all of which the witness stated to be in the hand writing of the prisoner. The court then adjourned, to meet to-morrow morning, at seven o'clock. Captain Vashion, Colonel Dyer, Lieut. colonel Lindsay, Lieut colonel Elliott, Major Fanning, Major Minton, Captam Crittenden. Lieutenant J M Glassel, Recorder When the further examination of the witness, Cook, took place, viz: Question by the prisoner-How long have you been acquainted with the settlement on the Sah wahnee? Answer-Between six and seven months Question by the prisoner-For what term of years did you engage to live with the prisoner? Answer-For no stated period; I was taken by the year. Question-Were you not discharged by the prisuner, from his employ? Answer-He told me he had no further. for me, after I had written the letters to Providence. Question-Where did you stay after you were discharged? Answer-I staid in a small house belonging to a boy, called St. John, under the pro ecuon of Nero. Question-What was the subject matter of the letters you wrote to Providence? Answer-After being refused by the prisoner a small venture to Providence, I wrote to my friends for the means to trade by myself Question-Do you believe the prisoner had knowledge of the venture being on board the schooner? Answer-I do not believe he had; it was small, and in my trunk. Question-Do you know that Armbrister was the agent of the prisoner? Answer-I do not. Question-Do you think that the powder and lead shipped, would more than supply the Indians and negro hunters? Answer-I did not see the powder and lead myself, but was told by Bowlegs that he had a great quantity; he had three kegs, keeping to fight with. Question-Did the Indians reside on the east side of the river? Answer They did. Questi-You were asked of the negroes and Indians, when the letter marked A was communicate, it they did not take up arms; had they received information of the defeat of the Indians at Mickasuky, prior to this date? Answer-It was afterwards, I believe, that they received the information. Question-Did not Bowlegs keep other powder than that got from the prisoner? Answer-He had some he got from the Bluff, which was nearly done; he said his hunters were always bothering him about powder. Question-Did you state that, at the time Armbrister ascended the river, there was no other vessel at the mouth of the river? Answer-There was none other there; there was one had sailed. Question-There is a letter A, spoken of, how do you know that the son of the prisoner had that letter in his possession? Answer-I saw him with it, which he dropped; and a boy called John, picked up and gave it to me Question-You stated that the Indians and negroes doubted the fidelity of the prisoner, in sending letters to the prince regent; do you think that the prisoner would have been punished by them, had he not complied with thoir wishes? Answer-I do not know. Question-Do you believe that the prisoner was compelled to write the Indian communications? Answer He was not compelled. William Hambly, a witness on the part of the prosecution, being duly sworn, and commencing a statement of what he hear the chiefs say, and the prisoner objecting to hearsay evidence of that kind, the court was cleared, in order to take the question; when it was decide.l, that the prisoner's objection was not valid. The witness was therefore re called, and stated, that fifteen or twenty days after the prisoner's arrival at Ochlochnee, the Seminole Indians began to steal horses from the United States' settlements, and commit murders on the Satilla river, which he was informed by them, was at the instigation of the prisoner. The chiefs of the little villages, in the witness's neighborhood, then desired him to write a few lines to the prisoner, stating those reports, and that he did not know that those Indians he was cxciting, had long been outlawed, and caution him against such proceedings, or he might be involved in their ruin; this the witness did,* when the pri soner wrote him a long and insulting letter, which was lost; upbraiding the witness for calling those Indians outlaws, and accusing him of exciting the Indians to civil war. The witness was told by all cliefs and Indians, who had seen the prisoner, that he advised them to go to war with the United States, if they did not surrender them the lands which had been taken from them, and that the British government would support them in it. The Indians that took the witness, and a Mr. Doyle, prisoners, which happened on the 13th De. cember last, told them it was by the prisoner's or der; and on their arrival at Mickasuky (as prisoners) Kenhagee, and all his chiefs, told them, it was by the prisoner's orders they were taken and robbed. On their arrival at Suwany, they were told by the Indian and negro chiefs, who set in council over them, that the prisoner had advised he should be given up to five or six Choctaw Indians, who were saved from the negro fort, who would revenge themselves for the loss of their friends at that place. On their return from Suwany, the chief Kenhagee, told them, that he had got the prisoner to write several letters for him; one to the governor of Providence; one to the See the letter No. 47, C. p. 124. follows: British minister at Washington; one to the secre. I was fearful of meeting with an American vessel, tary of state in London; and one to the American when we should be taken out and he thereby lose agent for Indian affairs, protesting against the|| his schooner. proceeding of the commanding officer at fort Edmund Doyle, a witness on the part of the Scott. While the witness was at Suwany, the In-prosecution, being duly sworn, was questioned as dian chiefs told him that the prisoner had arrived at that place, with ten kegs of powder on board of his vessel, and while in fort St. Marks, sometime in March,* Hillishajo, or Francis, brought an order from the prisoner to the commandant for two kega of ponder, with other articles, which were in his|| possession. Question by the court-Were any murders or depredations committed on the white settlement by the Indians, previous to the prisoner's arrival at Ocklochnee? Answer-None except one murder near fort Gaines, which was before or about the time of the prisoner's arrival. Question-How long have you resided among the Indians; state to the court whether you are acquainted with the Indian language, and how long since you learned it? Answer-I have resided among them 14 years, and have understood their language 12 years. Question-Do you believe the Seminoles would have commenced the business of murder and depredation on the white settlements, had it not been at the instigation of the prisoner, and a promise on his part of British protection? Answer-I do not believe they would, without they had been assured of British protection. Question by the court-What was the light in which the prisoner was viewed by the hostile Seminoles? Was it that of an authorized agent of the British government? Question by the judge advocate-Do you know any thing that would tend to substantiate the charges against the prisoner now before you? Answer I know nothing but from common report. William S. Fulton, an evidence on the part of the prosecution, being duly sworn, testified the copy of a letter from A. Arbuthnott, to general Mitchell, agent for Indian affairs, dated Suwany, 19th January, 1818, and marked No. 6, as acknowledged by the prisoner, to be the same in substance, as one written by himself at that time; an extract from that letter was then read to the court. Question by the president-Where did the prisoner acknowledge the letter just read, to be a copy of the one written by himself? Answer-In the encampment before this place, about the 6th or 7th instant. Question-Was not the acknowledgment made when he was a prisoner? Answer-It was. Question by the president-Did you hear a gentleman say to the prisoner, whilst in custody, that those who recommended the scalping knife and tomahawk, should feel their keenest edge? Answer-I did hear a gentleman say, that those who excited the Indians to the murder of the unoffending, should feel the keenest edge of the scalping knife; but as well as I recollect, that obAnswer-The different chiefs always represent-servation was not made until after the repeated ed him to me as such acknowledgments of the prisoner, of having writ The witness recognized the letter marked G,ten the letter. and signed A Arbuthnott, as being a copy of the one alluded to in his testimony, as lost Question by the president-Are you acquainted with the prisoner's hand writing? Answer- have seen it, but cannot say I am acquainted with it. Question-Is that which you have just seen, and say is the copy of the one you lost, the prisoner's hand writing? Answer-It looks to be his hand writing; but I cannot say positively. Question-Was the prisoner considered as the agent of the Seminoles, at the time those murders were committed? Answer had not seen the prisoner at that time; the Indian chiefs told me that the prisoner had reported himself to them as an English agent. Question Where did you understand the pri soner to be, when you were taken prisoner? Answer-The Indians told us that he had gone over to Providence, but was expected back by the time we should arrive at Suwany. Question-Did you not request Kenhagee to prevail upon the prisoner to give you a passage in his schooner to Providence? Question by the court-Was not the confession of the prisoner to this letter made voluntarily and without any constraint whatever? Answer-I conceive it was. The evidence on the part of the prosecution being closed, the prisoner requested as a witness, Robert C. Armbrister, as one of his witnesses, against whom criminal charges had been filed, and who was in custody on account thereof; to which the judge advocate objecting, the court was cleared to take its sense-when it was decided that Robert C. Armbrister, now in custody for similar offences with the prisoner, cannot be examined as evidence before the court. John Lewis Phenix, a previous witness, now on the part of the prisoner, being again sworn, was questioned as follows, viz: Question by the prisoner-Was there any other vessel at the mouth of the Suwahnee river, when Armbrister seized your schooner? Answer-Yes. Question What vessel was it? Was it not the vessel which Armbrister came in? Answer-It was a sloop, and I understand Armbrister came in her. Answer--Yes; but was told that the prisoner Question-Did Armbrister ever mention to you, refused it, stating that if we were forced upon who recommended him to seize the prisoner's him, he would blindfold us and make us walk over-schooner, or who assisted him in stimulating the bard. Question-What were the reasons given by Kenbagee, for the prisoner's not granting your re quest? Answer—Kenhagee stated that the prisoner * See Luengo's defence, No. 32, C. p. 87. negroes to do so? Answer-No; I understood he came on board of his own accord. Question by the court-Have yon, since you commanded the prisoner's vessel, ever brought any arms to that part of the country? VOL. VII.] THE NATIONAL REGISTER. Answer-No; I brought a quantity of lead and ten kegs of powder in the last trip. John Winslett, a former witness on the part of the prosecution, being recalled on the behalf of the prisoner, was questioned as follows, viz: Question by the prisoner-Are you not of opnion that the letter which you sy was written by the prisoner to the Little Prin e, is now in the possession of the Little Prince? Answer-After reading it. I returned it to him, and I believe it to be still in his possession, as Indians seldom destroy papers of tha! kind. The prisoner requesting some time to make up his defence; he was given until to morrow ing, at 4 o'clock. [Documents to be continued.] [CIRCULAR.] Treasury Department, 2 5th. You are requested to cause the discount 6th. You are lastly requested to furnish this department with semi-annual statements of the artices, the growth or manufacture of the United States, which are entered in the ports within your consulate, and the foreign merchandise which is even-shipped therefrom to the United States in Ameri cal vessels; showing, as nearly as practicable, the comparative value of the exports and imports. Conjectural estimates of the foreign shipping employed in the same trade, and of the value of the imports and exports laden on board such vessels, will be acceptable. The introduction of useful plants, not before SIE,-In order to ensure uniformity in the exe-cultivated, or of such as are of superior quality to cution of the act of the 20th of April, 1818, sup-those which have been previously introduced, is an plementary to the Collection Laws, and more es.object of great importance to every civilized state, out more particularly to one recently organized, pecially to enforce the provisions of the 8th, 13th, and 21st sections thereof, the consul of the Unit-in which the progress of improvements of every ed States, residing in foreign states, are informed that, 1st. In all cases where, by the municipal laws of the country in which they exercise their functions, they are restrained from administering oaths the verification required by the 8th section of the act may be made, in the presence of the resident consul, before any magistrate duly au thorized to administer oaths; and such consul shall certify not only the official character of the officer, and that the oath was administered in his presence, but that the person to whom it was administered is of respectable character, and who, according to the provisions of the said act, ought to verify the said invoices. 2d. Where merchandise is purchased for a commercial house in the United States, by a partner residing abroad, the invoice ought to be verified by such partner, under the 8th section of the act. 3d. All cases embraced by the 13th section of the act are subject to the addition of fifty per cent. the failure to produce invoices duly verified being in contemplation of the act, equivalent to merchandise fraudulently invoiced at twenty-five per cent. below its appraised value. It has It is 4th. Difficulties have occurred under the 21st section of the act relative to discounts been represented to this department, that the most of the discounts which appear on the invoices of merchandise, especially from England, are not made for prompt payment, nor ultimately depend upon any condition of that nature. asserted that the true price of the merchandise is ascertained only by deducting the discounts from the invoice prices, and that where discounts are allowed for prompt payment, or, upon a future contingency, they are entered distinct from the common discounts above described. You are therefore requested to state to this depar ment the general custom in this regard within your consulate, and, as far as depends upon you, to endeavor to have the articles invoiced at their true value, so that no discount may appear thereon, ex cept what may be made and allowed in the pay ment made for the same within the term of the said section. kind has not to contend with ancient and deeprooted prejudices. The introduction of such inventions, the results of the labor and science of other nations, is still more important, especially to the United States, whose institutions secure to the importer no exclusive advantage from their introduction. Your attention is respectfully solicited to these important subjects. The collectors of the different ports of the United States will cheerfully co-operate with you in this interesting and beneficent undertaking, and become the distributors of the collections of plants and seed which may be consigned by you It will greatly facilitate the distrito their care. bution, if the articles shall be sent directly to those sections of the Union where the soil and climate are adapted to their culture. At present, no expense can be authorized, in relation to these objects. Should the result of these suggestions answer my expectations, it is possible that the attention of the national legislature may be attracted to the subject, and that some provision may be made, especially in relation to useful inventions. I have the honor to be, Your most obedient servant, COBBETT AND SIR F. BURDETT. From the Liverpool Courier of January 13. A correspondence between these individuals, of which the following are extracts, has, within these few days, been published: "To Sir Francis Burdett, Bart. "North Hampstead, Long Island, June 20, 1817. "ST- enclose you the copy of a letter to Mr. Tipper, which I beg you to have the goodness to read, and to consider the contents of it (as far as they relate to the liquidation of my debt generally) as addressed to yourself In addition, you will be pleased to understand, that, as to the debt due to you, no pains shall be spared by me to obtain the means of paying it, as soon as possí. ble; and I beg that you will furnish Mr. White, my attorney, with your charge against me, includ-stood that both parties are to continue to enjoy ing interest, that he may transmit it to me. I am, sir, your most obedient and most humble servant, WM. COBBETT. "To Mr. Tipper. "North Hampstead, Long Island, "My Dear Sir,-First, let me acknowledge my deep sense of the kind manner in which you have uniformly spoken to Mrs. Cobbett with regard to me; and then, without further waste of that time of which I have so little to spare, let me come to business, and let me lay down, before i proceed to our own particular affair, some principles which I hold to be just to my conduct towards my cre ditors in general. the protection of the laws of property. But from the great desire which I have, not only to return to my native country, but also to prevent the infamous acts levelled against me from injuring those persons with whom I have pecuniary engagements, and some of whom have become my creditors from feelings of friendship and a desire to serve me, I eagerly waive all claim to this principle, and I shall neglect no means within my power fully to pay and satisfy every demand, as far as that can be done consistently with that duty, which calls on me to take care that my family have the means of fairly exerting their industry, and of leading that sort of life to which they have a just claim. [Cobbett then developes, at considerable length, and with disgusting egotism, his literary undertakings for paying his creditors. Of these undertakings, we can only afford space for an outline. Twenty-two years ago he wrote a book which he entitled "The Maitre Anglois This book he is now engaged in making "quite complete," under the title of "The English Master, by William Cobbett, corrected, improved, and greatly en larged by the author himself." • I will, (he says) make the new editions supplant all the old ones immediately," A second literary bantling, which he has under his hand, is, "The French Master; or a Grammar to teach French to English Persons, by William Cobbett." "You will easily see, (be says to Mr Tipper,) that if I could, 22 years ago, actually write a book in the French language, to French persons, how able I must be to write a book in the English language to teach French. Indeed," he adds, “ my knowledge of the whole matter is so complete, that the thing, complicat. ed and ab-tract as it is in its nature, is as easy to me as it is for me to walk or sit. This work, I will pledge my existence, will sweep away very speedily all competitors." The profits of these publications, he expects, will be immense, and they are to be devoted to the liquidation of the debts due to Mr. Tipper, and if they exceed that to other purposes. A third work which he has prepared for the press is, "A Grammar of the English Language." This book he considers his master piece, and he speaks of it with his usual modesty.] If there be any man who can pretend, for one It is clear, however, that to do any thing in the moment, that mine is an ordinary one, and, that way of paying off, must be a work of some little not having enough to pay every body, I ought to time. I place great dependence on the produce be regarded as insolvent debtor, in the usual ac of some literary labors of great and general utili ceptation of the words; and if he does this after. ty; and it is of these that I am now about more being apprised that the whole force of an infa-particularly to speak, and to make you, sir, a dismous tyranny was embodied into the shape of tinct proposition" despotic ordinances, intended for the sole purpose of taking from me the real, and certain, and increasing means of paying off every debt and mortgage in two years; if there be any man whose prosperity and whose means of profitably employ ing his own industry, have remained wholly antouched and unaffected by these despotic and sudden acts of the government, and who is yet so insensible to all feelings of humanity, as well as so willingly blind to every principle of either|| moral or political justice; if there be any man who, wholly absorbed in his attachment to his own immediate interest, is ready to cast blame on a debtor, who has had his means of paying cut off by an operation as decisive as that of an earth quake, which should sink into eternal nothing his lands, his houses, and his goods; if there be any man who, if he had been a creditor of Job, would have insisted that that celebrated object of a malignant devil's wrath, which had swept away his herds, his flocks, his sons, and his daughters, was an insolvent debtor and a bankrupt, and ought to have been considered as such, spoken of as such, and as such provided against; if there be any such man as this, to whom I owe any thing, to such man I first say, that I despise him from the bot tom of my soul; and then I say, that if he dare meet me before the world in open and written charge, I pledge myself to cover him with as much shame and infamy as that world can be brought to deign to bestow upon so contemptable a being For such occasions as the one here supposed, if such occasion should ever occur, reserve the arguments and conclusion, which the subject would naturally suggest. To you, I trust, no such arguments are necessary; and, therefore, I will now proceed to state explicitly my inten tions with regard to what I shall endeavor to do in the way of paying off deb s. I hold it to be perfectly just, that I should never, in any way whatever, give up one single farthing of my fu ture earnings, to the payment of any debt in England. "In this work, which I have all my life, since I was nineteen years old, had in my contemplation, I have assembled together the fruits of all my observations on the construction of the Eng. lish language, and I have given them the form of a book, not merely with a view to profit, but with a view to fair fame, and with the still more agreeable view of instructing, in this foundation of all literary knowledge, the great body of my ill-treated and unjustly contemned countrymen. When the society is too weak or unwilling to I believe it to be quite impossible that this defend the property, whether mental or of a more work should not have a very extensive circulaordinary and vulgar species, and where there is tion in England and America, and that it should not the will or the power in the society to yield not be of many years duration in point of profit. him protection, he becomes clearly absolved of || Whatever part of this profit can, without endan all his engagements of every sort to that society,gering the well being of any beloved and exem because in every bargain of every kind it is under- Il piary, affectionate and virtuous family, be allotted |