being conceded, the next inquiry is, what are the || cedent. A strong case was stated by an intellirules of evidence with respect to the admission of gent member of this court, on the examination of letters or papers of private correspondence, in a this part of the evidence: "That is, would you court of criminal jurisdiction? May it please this receive as testimony, what a third person had honorable court, must you not produce the origi-said, who, if present, you would reject as incom. nal letters and papers, if they are not lost or mis- petent Apply this principle to the present laid, so that they cannot be obtained; and in case case; could an Indian be examined on oath, in cur, they are Jost, proof must be made of the hand courts of judicature? If then the testimony of sawriting, being the same as that of the original, be-vages is inadmissible, Hambly proves nothing. fore they can be received as evidence? M'Com. on Court Martial, Peak's Evidence, Gilbert's Law of Evidence No instance can be cited where a copy of a letter was read as evidence, where the original could be obtained, much less the giving in evidence the contents of such letters from bare recollection. The only proof that this honorable court has of the existence of such a letter being in the hands of any person, or its contents being known, is the vagrant memory of a vagrant individual. Make this a rule of evidence, and I ask you where would implication, construction, and invention stop? Whose property, whose reputation, or whose life would be safe? Here I would Here, may it please the honorable court, i close my reply to the charges and specifications preferred against me; being fully persuaded that should there be cause of censure, that my judges will, in the language of the law, lean to the side of mercy. Continuation of the minutes of the proceedings of a was arraigned on the following charges and specifications, viz: Fort St. Marks, 27th April, 1818. The court proceeded to the trial of Robert C. beg leave to mention a remark made by the presi-if he had any objection to any one of the memArmbrister, a British subject, who, being asked dent of this court, in the course of this investiga-bers of the court, and replying in the negative, tion, which was, that notwithstanding the letter was proved by the witness to be in possession of the Little Prince, that this court could not notice that circumstance, because there was no means by which it could be obtained. I would ask the honorable court what means have they adopted, or what exertions they have made to procure this letter? If the honorable court please, I shall here close the defence on the first charge and specification, believing that they are neither support. ed by law or evidence." Charges against Robert C. Armbrister, now in custody, and who says he is a British subject. the enemy, supplying them with the means of Charge 1st. Aiding, abetting, and comforting war, he being a subject of Great Britain, at peace British colonial marines. with the United States, and lately an officer in the Specification 1st. That the said Robert C. Armbrister did give intelligence of the movements the 1st and 20th March, 1818, and did excite and operations of the American army, between May it please the honorable court, I will now come to the second charge, and first specification of that charge. In support of this charge and specification, the evidence before the court is a let-them, (the negroes and Indians,) to war against ter written to my son. If the court please, this the army of the United States, by sending their Charge 2d. Leading and commanding the Lower Creek Indians, in carrying on war against the United States. letter was written in consequence of the situation of my property at Sahwahnee, and the large debts that were due me from Bowleg and his people. Nothing, I believe, of an inflammatory nature can be found on reading the document marked A, authorizing the opinion that I was prompting the Specification 1st. That the said Robert C. ArmIndians to war. On the contrary, if the honorable court will examine the document marked A, they brister, a subject of Great Britain, which governwill see that I wished to lull their fears, by inform- ment was in peace and amity with the United ing them that it was the negroes and not the In-States, and all her citizens, did, between the 1st dians that the Americans were principally moving against. If the honorable court please, I will make a few remarks upon the second specification, and then close my defence. In proof of this charge, the court have before them the evidence of Hambly, Cooke, and sundry letters purporting to be written by myself, to different individuals. May it please the court, what does Cooke prove? Why, that I had ten kegs of powder at Sahwahnee Let me appeal to the experience of this court, if they think that this quaetty of powder would supply one thousand Indians, and an equal number of blacks, more than two months for hunting? As to the letters named in this specification, may it please the court, the rules of evidence laid down in the first part of this defence, will apply with equal force in the present case. It remains, now, may it please the court, to say something as to Hambly's testimony. And may it please this honorable court, the rule laid down in this case, as to hearsay evidence, will be found without a pre against the United States, by assuming command J. M. GLASSELL, Recorder. To which charges and specifications the prisoner pleaded as follows, viz: To the first charge and specification, not guilty. To the second charge and specification, guilty, and justification. The court adjourned until to-morrow morning, at seven o'clock. Fort St. Marks, 28th April, 1818. The court met pursuant to adjournment. "Captain Allison of the 7th Infantry is detailed to form a supernumerary member to the special court now sitting at Fort St. Marks. 66 By order, "(Signed) ROBERT BUTLER, 66 Adjutant General.” Pursuant to the above order, the supernumerary member took his seat. John Lewis Phenix, a witness on the part of the prosecution, being duly sworn, stated that about the fifth or sixth of April, 1818, his vessel and himself having been captured by the prisoner and he brought to Suwaney, as a prisoner, there was an alarm among the negroes and Indians created by learning some news from Mickasukee, at which time the prisoner appeared active.in giving orders and sending a detachment to meet the American army. The witness also stated that the prisoner appeared to be a person vested with authority among the negro leaders and gave orders for their preparation for war, procuring ammunition, &c. and that the leaders came to him for orders; the prisoner furnished them with powder and lead, and recommended to them the making balls, &c. very quickly. The witness also stated that the prisoner occasionally dressed in uniform with his sword, and that on the first alarm, which he understood was from Mickasukee by a negro woman, he put on his uniform. The witness further stated, that sometime about the 20th March, 1818, the prisoner with an armed body of negroes (24|| in number) came on board of his vessel, and ordered him to pilot them to fort St. Marks, which he stated he intended to capture before the Americans could get there, threatening to hang the witness if he || did not obey. Question by the court-Did you ever understand by whose authority and for what purpose the accused came into the country? Answer-I have frequently heard him say that he came to attend to Mr. Woodbine's business at the bay of Tamper. Question by the prisoner-Did I not tell you when I came on board the schooner Chance, wished you to pilot me to St. Marks, as I was informed that two Americans by the names of Ham bly and Doyle were confined there, and I wished to have them relieved from their confinement? Answer-You stated you wanted to get Hambly and Doyle from St. Marks; I do not know what were your intentions in so doing. Question-Did I not tell you that I expected the Indians would fire on me when I arrived at St. Marks? Answer-You did not; you stated that you intended to take the fort in the night by surprise. Question-Did you see me give ammunition to Answer-About the 15th of April, I heard you say, you would not have any thing to do with the negroes and Indians; I heard nothing about exciting them to war. Question-Can you read writing? Question-Did you not hear me say, when arriving at Sahwahnee, that I wished to be off imme. diately for Providence? Answer-I did not; after the alarm, you said you wished to be off for Tamper. Question-Did you not say to the accused, you wished to visit Mr. Arbuthnott at his store on Su wany, and get provisions yourself? Answer-I did not; I stated I wanted provisions Question-Did I send or command any Indians to go and fight the Americans? Answer-I did not exactly know that you sent them; the Indians and negroes were crowding be fore your door, and you were dividing the paint, &c. among them; and I understood a party was going to march. Question-Did I not give up the schooner in charge to you as captain? Answer-After our return from Suwany town, you directed me to take charge of her to go to Tamper. John J. Arbuthnott, a witness on the part of the prosecution, being duly sworn, stated, that sometime about the 23d March, the prisoner came with a body of negroes, partly armed, to his father's store, on Suwany river, and told the witness that he had come to do justice to the country, by taking the goods and distributing them among the negroes and Indians; which the witness saw the prisoner do; and that the prisoner stated to him, that he had come to the country on Woodbine's business, to see the negroes righted. The witness has further known the prisoner to give orders to the negroes, and that at his suggestion, a party was sent from Suwany to meet the Americans, to give them battle; which party returned on meeting the Mickasukee Indians in their flight. The witness also testified to the hand writing of the letter, marked A, and referred to in the specification of the 2d charge, as the writing of the prisonor. • Question by the prisoner-Dia you hear me say, that I came on Woodbine's business? Answer-I did. Question by the prisoner-Were not the negroes alluded to, at Arbuthnote's store before 1 arrived? Answer-No, you came with them. Peter B. Cook, a witness on the part of the prosecution, being duly sworn, stated; that he never heard the prisoner give any orders to Indians or negroes; that the prisoner did distribute Arbuthnott's goods, and also paint, to the negroes and Indians; also that some powder was brought from Suwany by the prisoner, and distributed among the negroes by Neró. Some time in March, the prisoner took Arbuthnott's schooner, and with an other part of the specification; guilty of the first armed party of negroes, about 24 in number, set charge; guilty of the specification of the second out for St Marks, for the purpose of taking Arbuthcharge; and guilty of the second charge; and do noti's goods at that place, and stated that he would therefore sentence the prisoner, Robert C. Armcompel the commandant to give them up. On hearing brister, to suffer death, by being shot, two-thirds of the approach of the American army, the pri- of the members of the court concurring therein. soner told the negroes it was useless for them to run, for if they ran any further, they would be driven into the sea. The prisoner told the witness that he had been a lieutenant in the British army, under colonel Nicholls. The prisoner was sent by Woodbine to Tam per, to see about those negroes he had left there. The prisoner told the witness, that he had written a letter to governor Cameron, for ammunition for the Indians some time in March, and also told the witness, that he had a commission in the patriot army. under McGregor, and that he expected a captaincy. The witness testified that the letters, marked A, B, C, and D, and referred to in the specifica tion to the second charge, were in the hand writ ing of the prisoner, also one marked E. Question by the prisoner-Did you not frequent One of the members of the court, requesting a reconsideration of his vote on the sentence, the sense of the court was taken thereon, and decided in the affirmative, when the vote was again taken, and the court sentenced the prisoner to receive fifty stripes on his bare back, and be confined with a ball and chain, at hard labour, for twelve calendar months. The court adjourned sine die. (Signed) EDMUND P. GAINES, J. M. GLASSEL, Recorder. A. ly hear me say, that I would have nothing to do From Robert Armbrister to his excellency Charles with the Indians, in exciting them to war with the United States? Answer-I do not recollect. Question-Are you acquainted with Lewis Phe nix, and have you not heard him express ill will against me, in consequence of my wishing him to pilot me to St. Marks? Answer-I never did. Question-Do you know my sending troops at any time to fight against the United States; and have I not been constantly with you; so that you would have an opportunity of knowing if there had been any sent by me? Answer I have not. They might have been sent without my knowledge. Cameron, governor Bahamas. Sahwahnee, near Fort St. Marks, SIR, I am requested particularly by all our Indian chiefs, to acquaint your excellency, that the Americans have commenced hostilities with them two years ago, and have advanced some considerable distance in their country, and are now making daily progress; they say, they sent a number of letters to your excellency, by Mr. Arbuthnott, but have never received one answer; which makes them believe that he never delivered them, and will oblige them much, if you will let them know whether he did or not. The purport of the letters were, begging your excellency to be kind enough to send them down some gun powder, muskets, balls, lead, cannon, &c. as they are now completely out of those articles. The Americans may march through the whole territory in one month, and without arms, &c. &c. they must surrender. Allas Hadjo, or Francis, the Indian chief, the one that was in England, tells me to let your excellency know, that the prince regent told him, that whenever he wanted ammunition, that your excellency would Jacob Harmon, a witness on the part of the prosecution, being duly sworn, stated, that some time in the latter end of March, or first of April, the prisoner took possession of the schooner Chance, with an armed party of negroes, and stated his intentions of taking St. Marks. On his way thither, on going ashore, he learned from some Indians, that Arbuthnott had gone to St. Marks, which induced him to return. The witness also stated, that while the prisoner was on board, he had complete command of the negroes, who considered him as their cap-supply him with as much as he wanted. tain. The prisoner took the cargo of the vessel, up towards Suwany, which consisted of, with other articles, nine kegs of powder, and five hundred pounds of lead The evidence on both sides being closed, the prisoner was allowed until five o'clock this evening to make his defence. They beg me to press upon your excellency's mind, to send the abovementioned articles down by the vessel that brings this to you, as she will sail for this place immediately, and let the prince regent know of their situation. Any letters that your excellency may send down, be good enough to direct to me, as they have great dependence in The time allowed the prisoner for the prepa- my writing. Any news that your excellency may ration of bio defence having expired, he was have, respecting them and America, will be do brought before the court, and made the defenceing a great favor to let me know, that I may send marked M, which is attached to these proceed. ings. The court was then cleared, and the proceedings read over by the recorder, when, after due deliberation on the testimony brought forward, the court find the prisoner, Robert C. Armbrister, guilty of so much of the specification to the first charge, as follows, viz: "And did excite them to war with the United States, by sending their war riors to meet and fight the American army, he being a subject of Great Britain, which govern ment was at peace and friendship with the United States and all her citizens," but not guilty of the || among them. There is now a very large body of Americans and Indians, who I expect will attack us every day, and God only knows how it will be decided; but I must only say, that this will be the last effort with us. There has been a body of Indians gone to meet them, and I have sent another party; I hope your excellency will be pleased to grant the favor they request I have nothing further to add, but, I am, sir, with due respect, ROBERT C. ARMBRISTER. VOL. VII.] B. THE NATIONAL REGISTER. From Robert Armbrister, to brevet major Edward Sahwahnee, near river Appalachacola. There is about three hundred blacks at this place, a few of our Bluff people; they beg me to say, they depend on your promises, and expect you are on the way out, that they have stuck to the cause, and will always believe in the faith of you, and any di rections you may give, send to me at this place, and I will do what I can. I remain, my dear sir, most truly yours, N. B. Francis says, you must bring the horses when you come out, that you promised; and that his house has been burnt down, and burnt his uniR. A. form clothes. N. B. They beg your excellency will be as expeditious as possible. That your excellency is the only dependence they have; and whom the Prince Regent told them, would give them every asROBERT C. ARMBRISTER. sistance that laid in your power. D. His excellency governor Cameron, &c. &c. &c. SIR, I am requested by Francis, and all the a They beg me to press on your excellency's All mind, to lay the situation of the country before the Prince Regent, and ask for assistance news respecting them, your excellency will do a favor to let me know by the first opportunity, that I may make them acquainted. I have given directions to the captain, to let your excellency know when the vessel will sail for this place. I hope your excellency will be pleased to send them the ammunition. I expect, if they don't procure very shortly, the Americans will march through the country. I have nothing further to add, some But am, dear sir, Your most ob't. humble servant, E. Robert C. Armbrister to Peter Cook. Mouth River. C. DEAR COOK, The boat arrived here about three His excellency Charles Cameron, Esq. &c. &c. &c. March 20th, 1818. o'clock on Tuesday. The wind has been ahead ever since. I have been down; the rudder of the SIR,-I am requested particularly by the Indian chiefs, to acquaint your excellency, that the vessel is in a bad condition, but I will manage to Americans have commenced hostilities with them have it done to-night. The wind, I am in hopes, a long time since, and have advanced some dstance will be fair in the morning, when I will get under in their territory, and are still continuing to ad-way, and make all possible despatch. I will make old Lewy pilot me safe. If those Indians don't convance. That they, the chiefs of Floridu, have sent duct themselves strait, I would use rigorous mearepeatedly to your excellency, and have never resures with them. Beware of Mr. Jerry; I found ceived one answer; they suspect Mr. Arbuthnott has never delivered the papers to your excellen-him on board when I came; keep a good look out. have sent two kegs of powder, and a bar cy; they wish me to state to you, that they are Yours, &c. completely out of ammunition, muskets, &c. beg. of lead. ging your excellency will be pleased to send them Tuesday, 3 o'clock. the articles abovementioned, with a few cannon, as the Americans build their boats so strong, that ther rifle balls cannot penetrate their sides. The captain of the vessel who will come down again, I have given orders to make your excellency acquainted what time the vessel will sail for this place. Your excellency will I hope, be good enough to make the Prince Regent acquainted with their situation and ask for assistance, which they have pressed me very hard to press on your excellency's mind, and likewise to send them down what news may be respecting them and the country, which will be a great satisfaction to them. I have the honor to be, Your most ob't. humble servant, Defence M. R. A. Fort St. Marks, April 28th, 1818. The United States of America, VS. Robert Christy Armbrister. 1st. Aiding, and abetting, and comforting the enemy, supplying them with the means of war; he being a subject of Great Britain, at peace with the United States, and lately an officer in the Brish colonial marines. Charge 24. Leading and commanding the lower Creek Indians, in carrying on war against the United States. To the first charge, the prisoner at the bar, plead not guilty; and as to the second charge, he plead guilty, and justification. The prisoner at the bar feels grateful to this honorable court, for their goodness in giving him a sufficiency of time to deliberate and arrange his defence on the above charges. and chain to hard labor, for twelve calendar months. The commanding general approves the finding and sentence of the court, in the case of A. Arbuthnott; and approves the finding and first sentence of the court in the case of Robert C. Armbrister; and disapproves the reconsideration of The prisoner at the bar, here avails himself of the sentence of the honorable court in his case. It the opportunity of stating to this court, that, in-appearing from the evidence and pleading of the (asmuch as the testimony which was intro Juced in prisoner, that he did lead and command within this case, was very explicit, and went to every the territory of Spain, (being a subject of Great point the prisoner could possibly wish, he has no- || Britain) the Indians in war against the United thing further to offer in his defence, but puts him- States; the nation being at peace. It is an esself upon the mercy of this honorable court. tablished principle of the laws of nations, that any (Signed) individual of a nation, making war against the citi zens of another nation, they being at peace, for. feits his allegiance, and becomes an outlaw and pirate. This is the case of Robert C. Armbrister, ROBERT C. ARMBRISTER. Head Quarters, Division of the South, The commanding general orders, that brevet At a special court martial, commenced on the major A. C. W. Fanning, of the corps of artillery, 26th instant, at St. Marks, and continued until the will have, between the hours of eight and nine night of the 28th, of which brevet major general o'clock A. M. A Arbuthnott suspended by the E. P. Gaines is president, was tried A. Arbuth-neck with a rope, until he is dead; and Robert nott, on the following charges and specifications, C. Armbrister to be shot to death, agreeably to viz: Charge 1st. Exciting and stirring up the Creek Indians to war against the United States and her citizens, he, A. Arbuthnott, being a subject of Great Britain, with whom the United States are at peace. the sentence of the court. John James Arbuthnott, will be furnished with a passage to Pensacola, by the first vessel. Captain R. K. Call, of the 1st regiment infantry, is appointed volunteer aid de-camp to the commanding general, until further orders. Charge 2d. Acting as a spy, aiding, abetting, The special court, of which brevet major geneand comforting the enemy, and supplying themral E. P. Gaines is president, is dissolved. with the means of war. By order of major general A. Jackson, Charge 3d. Exciting the Indians to murder and destroy Wm. Hambly, and Edmund Doyle, confiscating their property, and causing their arrest, with a view to their condemnation to death, and the seizure of their property, they being citizens of Spain, on account of their active and zealous exertions to maintain peace between Spain, the United States, and the Indians. To which charges the prisoner pleaded not guilty. The court, after mature deliberation on the evidence adduced, find the prisoner, A. Arbuthnott, guilty of the first charge, and guilty of the second charge, leaving out the words "acting as a spy:" and after mature reflection, sentence him, A. Arbuthnott, to be suspended by the neck, until he is dead. Was also tried, Robert C. Armbrister, on the following charges, viz: Extracts from Extract of a ROBERT BUTLER, No. 50. Message of 25th March, 1818, pages 7, 8, 11, 12, 14, 22. letter from the governor of Georgia to general Gaines, dated Milledgeville, 5th February, 1817. that the notorious Woodbine has recently made his "You, no doubt, have already been informed, la, and that he has an agent now among the Seminole appearance again, at the mouth of the* AppalachacoIndians and negroes in that quarter, stirring them up to acts of hostilities against this country; and that Woodbine himself has gone, in an armed vesConnected with this fact, is another which may sel, to some part of the West Indies for supplies. these people, when once in the possession of the serve as an intimation of the future conduct of supplies which it is said they expect, on the return of Woodbine. About ten or twelve days ago, a Charge 1st. Aiding, abetting, and comforting the enemy, and supplying them with the means of war, he being a subject of Great Britain, (who are at peace with the United States) and late an offi-small party of those Indians entered the frontier cer of the British colonial marines. Charge 2d. Leading and commanding the lower Creek Indians in carrying on war against the United States. To which charges the prisoner pleaded as follows, viz: To the first charge, not guilty. To the second charge, guilty, and justification. or Wayne county, and stole two horses and some cattle: they were pursued by some of the inhabitants, who peaceably demanded a restoration of the stolen property; and instead of a compliance on the part of the Indians, they immediately fired shot. One of the whites was mortally wounded." upon the whites, who retired without returning a [Documents to be continued.] * See No. 60. MISCELLANY. The court, on examination of evidence, and on mature deliberation, find the prisoner, Robert C Armbrister, guilty of the first and second charges, and do therefore sentence him to suffer death, by being shot. The members requesting a reconsi- The new French Ministers.-Marquis Dessoles, deration of the vote on this sentence, and it being President of the Council and Minister for Fohad, they sentence the prisoner to receive fifty ||reign Affairs, is descended from an ancient noble stripes on his bare back, and be confined with a ball " family; at an early age he entered the army, and |
