other part of the specification, guilty of the specification of the second charge, and guilty of the second charge; and do, therefore, sentence the prisoner, Robert C. Ambrister, to suffer death, by being shot, two-thirds of the court concurring therein.

"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 sentence the prisoner to receive fifty stripes on his bare back, and be confined with a ball and chain to hard labour for twelve calender months.

"The court adjourned, sine die.

"Edmund P. Gaines.

Major-General by brevet, President of the Court.

"DEFENCE M.

"United States of America,

VS.

Robert Christy Ambrister,

"J. M. Glassell, Recorder.

Fort St. Marks, April 28th, 1818.

"Who being arraigned before a special Court Martial, upon the following charges towit:

"First. Aiding, abetting, and comforting (the Indians), supplying them with the means of war, he being a subject of Great Britian at peace with the United States, and lately an officer in the British colonial marines.

"Charge 2nd. Leading and commanding the Lower Creek Indians in carrying on war against the United States.

"To the first charge the prisoner at the bar pleads not guilty, and, as to the second charge, he pleads guilty, and justification. The prisoner at the bar feels grateful to this honorable court for their goodness in giving him sufficient time to deliberate, and arrange his defense on the above charges.

"The prisoner at the bar, here avails himself of the opportunity of stating to this court, that, inasmuch as the testimony which was introduced in this case, was very explicit, and went to every point the prisoner could wish, he has nothing further to offer in his defense, but puts himself upon the mercy of the honourable court. "Robert C. Ambrister. "HEADQUARTERS, DIVISION OF THE SOUTH, ADJUTANT GENERAL'S

OFFICE.

Camp 4 miles north of St. Mark's, April 29th, 1818.

"GENERAL ORDER.

"At a special court martial, commenced on the 26th inst. at St. Marks, and continued until the night of the 28th, of which brevet Major-General E. P. Gaines is President, was tried A. Arbuthnot, on the following charges and specifications, viz:

"Charge 1st. Exciting and stirring up the Creek Indians to war against the United States and her citizens, he, A. Arbuthnot, being a subject of Great-Britian, with whom the United States are at peace.

"Charge 2d. Acting as a spy; aiding, abetting, and comforting the enemy, and supplying them with the means of war.

"Charge 3d. Exciting the Indians to murder and destroy William Hambly and Edmund Doyle, confiscate 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. Arbuthnot, 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. Arbuthnot, to be suspended by the neck, until he is dead.

Was also tried, Robert C. Ambrister, on the following charges, viz:

"Charge 1st. Aiding, abetting, and comforting the enemy, and supplying them with the means of war, he being a subject of Great-Britian, who are at peace with the United States, and late an officer in the British colonial marines.

"Charge 2nd. Leading and commanding the lower Creek Indians in carrying on a war against the United States.

"To which charges the prisoner pleaded as follows: to the 1st charge, not guilty; to the 2nd. charge, guilty, and justification.

"The court, on examination of evidence, and on mature deliberation, find the prisoner, Robert C. Ambrister, guilty of the 1st. and 2nd. charges; and do, therefore, sentence him to suffer death, by being shot. The members requesting a reconsideration of the vote on this sentence, and it being had, they sentence the prisoner to receive fifty stripes on his bare back, and be confined with a ball and chain, to hard labour, for twelve calender months.

"The Commanding General approves the finding and sentence of the court in the case of A. Arbuthnot, and approves the finding and first sentence of the court in the case of Robert C. Ambrister, and disapproves the re-consideration of the sentence of the honourable court in this case.

"It appears, from the evidence and pleadings of the prisoner, that he did lead and command within the territory of Spain (being a subject of Great-Britian) the Indians in war against the United States, those nations being at peace. It is an established principle of the laws of nations, that any individual of a nation making war against the citizens against any other nation, they being at peace, forfeits his allegiance and becomes an outlaw and pirate. This is the case of Robert C. Ambrister, clearly shown by the evidence aduced.

"The Commanding General orders that brevet Major A. C. W. Fanning, of the corp of artillery, will have, between the hours of

8 and 9 o'clock A.M., A. Arbuthnot suspended by the neck with rope until he is dead, and Robert C. Ambrister to be shot to death, agreeable to the sentence of the Court.

"John James Arbuthnot, will be furnished with a passage to Pensacola, by the first vessel.

"The Special Court, of which brevet Major-General E. P. Gaines is President, is dissolved.

"By order of Major-General Jackson.

"Robert Butler, Adjustant-General."

CHAPTER 6.

John Howard Payne, Author of "Home Sweet Home", made a prisoner by the Georgia State Guard; extracts from his communication in Knoxville Register on his imprisonment; offered a public entertainment at Knoxville but declines; he is endorsed by public meeting at Knoxville; letter to his sister.

The whole civilized world is interested in anything that pertains to John Howard Payne, the author of "Home, Sweet Home," but a very small part of that world knowns of his arrest in 1835 with John Ross, the Cherokee Chief, by the Georgia Guard, at the time that feeling was acute and bitter between the State Government of Georgia and the Cherokees and any one who sympathized with them. The arrest and imprisonment made a sensation, not only among the friends and enemies of the Cherokees, but in literary circles in all parts of the Country. The arrest was in gross violation of Payne's rights as a citizen, and even among the enemies of the Cherokees (who were also Payne's enemies) the act was denounced, and no one assumed to defend it. We present some interesting quotations both from Payne himself and from newspapers in reference to the incident.

JOHN HOWARD PAYNE

"We have received an extra sheet from the office of the Knoxville Register, published by Frederick S. Heiskell, containing, in an appeal from Mr. Payne to his countrymen, the story of the barbarous wrongs inflicted upon this respectable gentleman by a band of persons calling themselves "the Georgia guard," but who appear to have acted upon suggestions from higher authority, in the persons of U. States' agent sent to make treaties with the Cherokees. This appeal, though chiefly directed to the citizens of Georgia, whose authority has been abused, and to those of Tennessee, whose territory has been violated, should be inserted at length in our columns if they were not so much occupied just now with heavy documents of a national character as to prevent it. The reader will perceive, by the subjoined articles from the Knoxville paper, however, that the people of that state entertain a proper sense of the indignity which Mr. P. has suffered, and of the