CHAPTER 5. The official proceedings of the Court Martial that condemned Arbuthnot and Ambrister to death, which finding was approved by General Jackson. CCCCC THE EXECUTION OF ARBUTHNOT AND AMBRISTER. Before sunrise on April 29th., 1818, on the order of Gen. Jackson approving the finding of a Court Martial, the execution of Arbuthnot and Ambrister gave rise to tremendous consequences that no one foresaw at the time. The execution became a political issue of National importance and consequences flowed from it that directly and profoundly influenced the destiny of many political leaders. On January 12th., 1819, the House of Representatives began one of the greatest debates that ever took place in either branch of Congress. This debate lasted twenty-seven days and from Henry Clay's assault on Jackson in that debate dated Jackson's bitter hatred of Clay that lasted until Old Hickory passed to the Eternal Judgment. The issue of the debate was the question: "RESOLVED, THAT THE HOUSE OF REPRESENTATIVES OF THE UNITED STATES DISAPPROVES THE PROCEEDINGS IN THE TRIAL AND EXECUTION OF ALEXANDER ARBUTHNOT AND ROBERT C. AMBRISTER." On February 8th., 1819, the vote of the Committee of the whole of the House was taken and resulted in complete vindication of Jackson. Ayes 54, noes 90. Happily the members of the Court Martial have come down to us and we have their names, the charges and specifications against the two prisoners, the names and testimony of each witness and the defense set up by each of the two defendants. The president of the Court Martial was Major-General Edmond P. Gaines, one of the most distinguished and accomplished officers in the American Army, and the members of the court consisted of officers of character and standing in both the regular and volunteer services. This court found both Arbuthnot and Ambrister guilty, and Jackson, as the commanding officer, confirmed the finding. We think that students of history generally at this day, and especially those who closely study Jackson's career, will read with attention the minutes of the proceedings of the Court Martial and acquaint themselves with the exact testimony on which Jackson acted. "TRIAL OF ARBUTHNOT AND AMBRISTER. AS TRANSMITTED BY THE PRESIDENT TO THE CONGRESS OF THE UNITED STATES. "Minutes of the proceedings of a special court organized agreeably to the following order, viz: “ADJUTANT GENERAL'S OFFICE, Fort St. Mark's, 26th April, 1818. Headquarters, Division of the South. "General order-The following detail will compose a special court, to convene at this post at the hour of 12 o'clock M. for the purpose of investigating the charges exhibited against A. Arbuthnot, Robert Christy Ambrister, and such others, who are similarly situated, as may be brought before it. "The court will record all the documents and testimony in the several cases, and their opinion as to the guilt or innocence of the prisoners, and what punishment, (if any) should be inflicted. DETAIL. Col. Dyer, Ten. Vol. Major general E. P. Gaines, president. Lt. Col. Lindsay, Cor. Ar. Lt. J. M. Glassel, 7th infantry, recorder. An orderly will be detailed from Gen. Gaines' brigade, and the court will sit without regard to hours. By order of major general Jackson, Robert Butler, Adj. Gen. Fort St. Marks, 26th April, 1818. "The court convened pursuant to the foregoing order, when being duly sworn, in the presence of the prisoner, and he being asked if he had any objections to any member thereof, and replying in the negative, the following charges and specifications were read, viz: "Charges vs. A. Arbuthnot, now in custody, and who says he he is a British subject: 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 Britain, with whom the United States are at peace. "Specifications-That the said A. Arbuthnot, between the months of April and July, or sometime in June 1817, wrote a letter to the little Prince, exhorting and advising him not to comply with the treaty of fort Jackson, stating that the citizens of the United States were infringing on the treaty of Ghent, and, as he believed, without knowledge of the chief magistrate of the United States; and advising the Upper and Lower Creeks to unite and be friendly, stating that William Hambly was the cause of their disputes; also advising the little Prince to write to the governor of New Providence, who would write to his royal highness the prince regent, through whom the United States would be called to a compliance with the treaty of Ghent, and advising them not to give up their lands, under the treaty of fort Jackson, for that the American citizens would be compelled to give up to them all their lands, under the treaty of Ghent. "Charge 2d-Acting as a spy, and aiding, abetting and comforting the enemy, supplying them with the means of war. "Specification 1st-In writing a letter from the fort of St. Marks, dated 2d April, 1818, to his son John, at Suwany, (marked A) detailing the advance of the army under Gen. Jackson, stating their force, probable movements, and intentions, to be communicated to Bowlegs, the chief of the Suwany towns, for his government. "Specification 2d-In writing the letters marked B, without date and C, enclosures, 27th Jan., 1818, and D, called 'a note of Indian talks,' and E, without date, applying to the British government, through governor Cameron, for munitions of war and assistance for our enemies; making false representations; and also applying to Mr. Bagot, British Ambassador, for his interference, with a statement on the back of one of the letters of munitions of war for the enemy. "Charge 3d-Exciting the Indians to murder and destroy William Hambly and Edmund Doyle, and causing their arrest with a view to their condemnation to death, and the seizure of their property, on account of their active and zealous exertions to maintain peace between Spain, the United States and the Indians, they being citizens of the Spanish government. "Specifications 1st-In writing the letters marked F, dated 26th August, 1817; G, dated 13th May, 1817: and H, threatening them with death, alleging against them false and infamous charges, and using every means in his power to procure their arrest. All which writings and sayings excited, and had a tendency to excite, the negroes and Indians to acts of hostility against the United States. "By order of the court, "J. M. Glassel, Recorder. "To which charges and specifications the prisoner pleaded NOT GUILTY. "The prisoner having made application for counsel, it was granted him; when the court proceeded to the examination of the evidence. John Winslett, a witness on the part of the prosecution, being duly sworn, stated, that some time before last July the little Prince received a letter signed by Mr. Arbuthnot, advising the upper part of the nation to unite with the lower chiefs in amity; and stating the best mode for them to repossess themselves of their lands, would be to write to Him (Arbuthnot) and he would send complaints to the governor of Providence, whence it would be forwarded to his Britannic majesty, and he would have the terms of the treaty of Ghent attended to. He moreover stated his belief that the encroachment on the Indian lands were unknown to the president of the United States. The witness also identified the signature of the prisoner in a letter to his son marked A, and referred to in the first specification, in the second charge, and heretofore noted, as 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, 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. "Question by the prisoner-Who is this little Prince? is he known by any other name? "Ans. He is known by the name of Tustenukke Hopin, and is the second chief of the nation. "Question by the prisoner.-Where is the letter you allude to, or in whose possession? "Ans. It was left in possession of the Little Prince when I last saw it. "Question by the prisoner. Has the little Prince no other name than what you state? "Ans. Not that I know of. "Question by the prisoner.-Do you swear that the letter alluded to was addressed to the Little Prince? "Ans. I do not. It was presented to 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 no knowledge of settlements made on Indian lands or injuries committed? "Ans. The letter stated that to be the belief of the writer. "John Lewis Phoenix, a witness on the part of the prosecution being duly stated with regard to the 1st specification of the 2nd charge, that being at Suwany in the town about the 6th or 7th of April, he was awakened in the morning by Mr. Ambrister's receiving, by the hands of a negro, who got it from an Indian, a letter from St. Marks at that time stated by Ambrister to be from the prisoner. "Question by the prisoner-Did you see that letter or hear it read? "Ans. 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? "Ans. So the black man that delivered it said. "A question being raised by a member of the court as to the jurisdiction on the third charge and its specification, the doors were closed, and, after mature delberation, they decided that this court is incompetent to take cognizance of the offenses alledged in that charge and specification. "Peter B. Cook, a former clerk to the prisoner, and a witness on the part of the prosecution, being duly sworn, stated that about December or January last, the prisoner had a large quanity of powder and lead brought to Suwany in his vessel, which he sold to the Indians and negroes, that, subsequent to that time, when he cannot recollect, Ambrister brought for the prisoner in his (the Prisoner's) vessel, nine kegs of powder and a large quanity of lead, which was taken possession of by the negroes. The witness also indentified to the following letters, referred to in the foregoing charges and specifications, marked A, B, C, D, E, F, G and H, as being the prisoner's hand writing; also the power of attorney No. 1, granted by the Indians to A. Arbuthnot. A. "FROM A. ARBUTHNOT TO HIS SON, ARBUTHNOT, DATED "Dear John: IN THE MORNING. "As I am ill able to write a long letter, it is necessary to be brief. Before my arrival here the commandant had received an express from the governor of Pensacola, informing him of a large embarkation of troops, & C. under the immediate command of general Jackson; and the boat that brought the despatch reckoned eighteen sail of vessels off Appalachicola. By a deserter that was brought here by the Indians, the commandant was informed that 3,000 men, under the orders of General Jackson, 1000, foot and 1,600 horse, under general Gaines, 500 under another general, were at Prospect Bluff, where they are rebuilding the burnt fort; that 1,000 Indians, of different nations, were at Spanish Bluff, building another fort, under the direction of American officers; that so soon as these forts were built they intended to march. They have commenced. Yesterday morning advice was received that they had appeared near and taken two of the sons of M'Queen, and an Indian. Late in the afternoon, three schooners came to anchor at the mouth of the river, and this morning the American flag is seen flying on the largest. "I am blocked here; no Indians will come with me, and I am now suffering from the fatigue of coming here alone. "The main drift of the Americans is to destroy the black population of Suwany. Tell my friend Boleck, that it is throwing away his people, to attempt to resist such a powerful force as will be drawn on Sahwahnee; and as the troops advance by land, so will the vessels by sea. Endeavor to get all the goods over the river in a place of security, as also the skins of all sorts; the corn must be left to its fate. So soon as the Sahwahnee is destroyed, I expect the Americans will be satisfied and retire: this is only my opinion, but I think it is conformable to the demand made by |