(y °'^ n ^^ ^^-A^. ^^^ i?-^^. "1 '^^ ■^ A^ ^ ^ V /^^nc^ jc:^, -«-' ii ^^iiir2)a(PA^a®ir OF THE MEASURES OF THE PRESIDENT AND HIS COMMANDING GENERALS, TEE COMMENCEMENT AND TERMINATION SEMINOLE WAR, BY A CITIZEN OF THE STATE OF TENNESSEE. "3 -A- (jMe^rt'^'n WASHINGTON : PniNTEl) BT GALES & SEATON. 1819. IN SENATE OF THE UNITE tj STATES, FEBRUARY £4, 1819. Mr. Lacock, from the committee appointed in pursuance of the resolution of the Senate, of the 18th December last, *' That the Message of the President, and documents relative to the Seminole war, he refei-red to a select committee, who shall liaA e authority, if necessary, to send for persons and pa- pers: That said committee inquire relative to .the advance of the United States' troops into West Floi'ida; whether the offi- cers in command at Pensacola and St. Marks were amenable to, and under the control of, Spain; and, particularly, what circum- stances existed to authorise or justify tiie commanding general in taking possession of tliese posts," made a report, which, with the accompanying documents, consists of fifty pages. A VINDICATION, 6)0. THE Seminole War is a fjiicstion ^vl^icll lias produced such universal agitation, and elicited so niiicli debate, tliat it has become almost stale and unijiterestinj^. It is quite familiar to every mind; and tlie .great solicitude Aviiidi it has excited is to be found more in the characters connected with the tran- saction, than in tbe magnitude of the principles it involves. Under such circumstances, an enquiry into this subject would not have been obtruded upon the people at present, was not an ample apology presented in the Report of a majority of a committee of the Senate of the United States, w hich was pub- lished about the close of the last session of Congress. The late period at which that document made its ajjpearan.ce, pre- cluded the friends of the Administration and its commanding Generals an opportunity of refuting the positions which it as- sumed as the basis of censure. Being now b<^foi'e the world, it may be properly considered as a subject of public investiga- tion; and believing that the door is still o])en for reply, I liavc ventured to submit the following remarks for tlie candid peru- sal of the American people. In common with the great body of the people of the United States, the author of these obseivations has felt an unusual in- terest in i]-v causes, progress, and result of the Seminole war. His attention has been constantly directed to the subject, and to a careful examination of its origin and consequences. After the very able and learned discussion in the House of Represen- tatives of the United States, during the last session of Con- gress, relative to tlie measures adopted by the President and his commanding generals, in the conmiencement and jiiogress of that war, it was anticipated that the subject would lla^e re- mained in peace forever. It was belie> ed by oxcvy impartial and intelligent citizen, that it had been exhibited in every pos- sible attitude by the friends, as w ell as tlu": enemies of the Execu- tive. Except from a few individuals, \viu)se motives were pe- culiar to themselves, all opposition had ceased; and the people <»f the nation had become completely satisfied, tbat tbe justifi- cation of the whole transaction was founded in tlie immutable principles of national law, and of fundamental, political, and municipal regulations. It is certainly true, that the people of Tennessee, together with a very large majority of the nation, are sincerely attach- ed to the administration of Mr. Monroe. They likewise feel a just and honorable pride in having reared, from the first dawn of manhood, a Jackson, wliose virtues and talents, they believe, give particular distinction to their state, and fondly hope, add great additional lustre to the character of the American peo- ple.(a) With such views and feelings, it cannot be a matter of surprize that they should manifest uncommon anxiety on this subject, or tliat tbey should be astonished at the continuance of an opposition, after the lucid exhibition of facts, with the eloquent and conclusive reasoning upon them by Mr. Adams, the Secretary of State of the United States. They believed that his masterly letter to Mr. Erving,(/j) together with the debates in Congress, should have put all controversy to rest; as they amply satisfied every dispassionate mind of the solidity of the ground which had been occupied by the Executive and his com- manding generals. Although the excitement which was created in the nation upon this subject, had been almost completely allayed by the learned and diffusive enquiry in the House of Representatives, the great inquest of the nation; yet it was not effected without some I'e- gi*et on the pai't of those who cherish a sacred regard for tlie principles of the constitution. Whilst they witnessed an effort to remedy what, at best, was but a doubtful evil, their fears were aroused lest principles were to be sacrificed which would be preserved inviolate by every freeman. It is a piinciple, familiar with all sound jurists, that the three great departments of the governmoit — the Legislative, Execu- tive, and Judicial, should never be permitted, in their ope- rations, to encroach on each other. This principle is an essential preservative of liberty. It constitutes the main pillar of tlie political fabi'ic, and should be guarded with un- ceasing vigilance. Whenever it shall be abandoned or disre- garded, collision, discord, and confusion, must ensue; and, finally, two ofthedepai'tmentsmust fall prostrate and lifeless under the weight of the third. It is in conformity with this principle that the armj , when raised, is placed, by the constitution, uiulci' the control of the President, who is considered the commander in chief, and is (a) Letter from Secretary of War, 8th September, 1818. Mr. Lacock's Report, p. 23. (b) Nov. 28th, 1818, Doc. President's Message, Dec. 28th, 1818, p. 11. held responsible for the conduct of all his subordinate oflicers, whilst acting under his orders. The ofliccrs in command during the Seminole war were General Gaines in the first in- stance, and afterwards General Jackson. Both ai-e under- stood to have acted undei* the inunediate authority of the Ex- ecutive of the United States. I'he Seminole Indians resided within the teri-itory of a neigh- boring and friendly power; and with them were associated in acts of hostility against the United States, a banditti, consist- ing of pirates, traitors, English emissaries, negroes, and out- lawed Red Stick Indians. The govei-nment of Spain, within whose territorial limits they found an asylum, either from in- ability or indisposition, permitted them to contiinie their rava- ges and mui'ders with peifect secuiity. Indeed, her officers gave encouragement to this murderous, incendiary, aiul pre- datory horde, and protected tliem against the just vengeance of the United States, whose citizens they had not only butcli- ered, but whose warfare was marked by the cruel ami iiidis- criminate slaughter of unoffending women and innocent chil- dren ! In the spi'ing of 1818, Congress made provision for prose- cuting the war against this renegado and motley crew of black, red, and white combatants, in consequence of the President's message to that body, in tlie montli of March. (c) That com- munication made known to Cojigress, that, in carrying on hos- tilities, w hich. on our part, were entirely of a defensive chai'- acter, the President had ordered his army to enter the Span- ish territories; to respect the authorities of that nation where they were maintainetl, and to put a speedy and successful ter- mination to the contest. Wit!i this information before them, as well as a full knowledge of all the causes which produced the Mar, the national legislature authorised the calling out of an additional brigade of militia, and actually made appropriations for the payment of the troops already in service.((/) Independent of the sanction thus gi\en to the measures of the President, he was authorised by the indisputable laws and usages of nations, as well as by virtue of the power vested in him by oui- constitution and laws, togiveoiflers to his generals to enter the territ(n-y of Florida, and to cai-ry on the defensive and unprovoked war in which we were engaged, without w ait- ing for the assent and authority of Congress. Being entrusted with the defence and protection of the nation, it became his ab- (c) See Mr. Cobb's resolution, H. R. U. S. 3(1 April, 1818, Journal. (d) Acts first session 15tli Congress, p. 94. solute duly to repel invasion, and even to pursue the enemy in- to a neutral territory, should it be found necessary for the ac- complishment of those purposes for which the war had been commenced. AVith this view of the case, the President issued his orders(f) accordingly, to his commanding general. No rational doubt can he entertained as to the import and latitude of these or- ders; and that the officer to whom they were directed, acted in conformity with their spirit and intciition, when he entered the territory of Florida, and took possession of the Spanish fort- rcs.ses. Upon this subject, every candid mind must be com- pletely satisfied, after an examination of those (nders, as well as the debate in tlie House of Representatives; and more pai'ti- culai'ly the eloquent speeches of Messrs. Smyth, Tallmadge, Baldwi)!, and Poindexter.(/) In relation to the manner in which the war was conducted, it is not consistent with the public interest, and a delicate re- gard for tlic high standing, reputation, and eminent services of the Executive and his commandi)ig generals, that tlie subject should assume the attitude in which we find it presented to the American people, by the Report of a majoiity of the committee of the Senate of the United States.(^) The minds of a large majority of the natio)i had become completely satisfied with the justice, legality, and wisdom of tiie course whicli had been pursued by the Executive; nor did the most ignorant and inattentive observer consider it as a question between the people of the United States and general Jackson. No. Every one, of ordinary pertctration, saw, with a single glance, an effort, in preparatory steps, to the impeach- ment of the President. The orders usider which the commanding general acted were spread before the nation. He was commanded to chastise the enemy with exemplary jrunishment; to eutei' the tei-ritory of Florida in the prosecution of the wai', and was fully authoi'ised to adopt such measures as he might deem necessai*y for the es- tablishment of a permanent peace.(A) Thus was the command- ing general vested with as ample powers as the President him- (e) Letters of Secretary of War, Appendix, No. 1, 2, 3. (/) Published in the National Intelhgencer under dates of 9th February, 25th February, 28th April, 29th March, and 2d April, 1819. (,§•) This coinmittee, when fii-st appointed, consisted of Messrs. Lacock, the chairman, King-, Forsyth, Burrili, and Eaton. Before the report was made, Mr. Forsyth was appointed Minister to Spain, upon which he resign- ed his seat in the Senate. His place was supphed by the appointment of Mr. Ejijics. It is but justice to remark, that Messrs. King- and Eaton were decidedly opposed to the report. (/() Appendix No. 1, 2, 3. self, had lie commanded in person. He exercised the discir- tion with which he was entrusted, as de^ eloped and ])resent- ed to the nation in the documents heietofore ])uhlislied. and ably commented on by tlie popular branch orthe^-oxerjnnent. In addition to this, the President apjiroved of the measures of the officer to whom these orders were directed, and conse([uent- ly made them his own; thereby removing every doubt which could possibly have existed, in relation to the plenitude of his powers. If an inferior is anthorised to do an act in pursuance of his supeiior's orders, it certainly becomes the act of the su])erior. who is responsible for all theconsequences: pai'ticularly, when he approves of the act after it is performed. No individual in the community is so ignorant as not to perceive the soundness of this position; and there were scarcely any avIio did not see, with equal clearness, all the features of an organized ojipo- sition to the Executive, in t!ie i-esolutions of the House of Re- presentatives disa])proving of tlie execution of Ai'buthnot, Ambrister, kc. It was also as easily to be discovered, that, if the opposition had succeeded on that occasion, they would have stood pledged to the nation to originate articles of im- peachment against the President before the Senate of the Uni- ted States! The nature and character of the opposition were satisfac- torily developed by circumstances which had already trans- pired. During the session preceding the last, the course adopted by the Executive was distinctly defined and presented to Congress, who a})proved of the same, and provided men and money for tiie purpose of prosecuting the w ar w ith vigor and effect)— and this, too, after an eloquent ajipeal had been made to the justice and patriotism of the national legislature to pi-otect the frontiers from rapine and murder. Further- more, the conduct of the Spanish authorities in affording aid and comfort to the British and Indians, during our late strug- gle with England, was well known to Congress. They had also unquestionable proof in abundance that those authorities had pursued the same hostile course towards the citizens of the United States, from the conclusion of that war, down to the period at which they were suppressed, in self defence, by the President and his commanding generals, in the war w itb the Seminoles. All this evidence was in the possession of the House of Re- presentatives, and of the people of this nation; as well as a me- thodical and lucid arrangement of facts,with conclusive infei*- 8 ences arising from tlie laws of nature and nations, by the Se- cretary of State. Amongst tlie people, this developement was entirely satisfactory to all; yet, in the popular branch of the national legislature, the focus of information, the same degree of satisfaction did not prevail. The great hody of the people were unable to account for this circumstance upon any other principle, than that there might possibly have been some mis- conduct in the commandiiig generals, unknown to the Execu- tive, and whicli they, as t!ie grand inquest of the nation, were bound, in honest i-egard to the welfare of the country, impar- tially to disclose. Tliis belief soon vanished, as the illusion of a dream, upon tlie production of the resolutions of the military committee, disapproving of the execution of Arbuthnot, Ambrister, kc. Tlie second and third resolutions of Mr. Cobb dissipated all doubt, and convinced every one, of the least reflection, that the President, with the Secretaries of State, and of War, who Iiad publislied to the world their un- qualified approbation of the entry made into Florida — of the occupation of the Spanish posts, as well as the execution of the Indian chiefs and Britisli outlaws, were intended to be embraced in the contemj)lated censure. The flimsy distinc- tion attempted to be made by some of the members, between a disapproval and censure, was not felt or understood by the na- tion. This veil was too tliin to cover the ulterior views of the opposition. Their pi'opositions were considered as necessarily fraught with the severest censure; and rendered the proceed- ing, as it incidentally related to the commanding general, as unprecedented as it was unconstitutional. Such a measure could only have been justifiable on the ground tliat it was preparatory to, and intended as the basis of, an impeachment of the President, who had made all the acts of his officers his own, as well by express authority confei'red, as by subse- quent adoption. It would certainly have been a much more manly, dignified, and correct course, to have preferred articles of impeachment against the President at once, than for the representatives of a great nation, to have thus expended tlieir time and the peo- ple's money in bandying the reputation of the generals, co- lonels, and captains of our army, and by these means feeling the public pulse, and endeavoring to ti'ick the people of the Union into a disapprobation of his measures. Although the President had not, in so many words, express- ly directed his commanding General to execute the two Indian Chiefs and their infamous associates, Arbuthnot and Ambris- ter, nor to take possession of the Spanish fortresses; yet he 9 delegated to liiin a general authority to inflict exemplary pu- nishmentf and to employ all such measures as he might deem necessary, agreeably to law, to put a speedy and effectual ter- mination to a cruel, })i'edatory. and murderous war of negi-oes and savages; and to secure an honorable and permanent peace to the country. The acts imputed to the commanding General "were pei'formed in conformity with tlie power:* conferred on hiiii, and in perfect accordance with tlie clear and undeniable principles of national law , in relation to the rights of self- preservation. These measui'es of the Executive gave entire satisfaction to the people of the United States, inasmuch as ii was distinctly perceived that no otlier course could have been adopted which would have secured so desirable an end. The duty of the House of Repi-esentatives to take cogni- zance of all abuses of authority, by any officer of the Go\ ern- ment, from the President dow n to his respective subaltei-ns, is v.ell understood by every intelligent indi^ idual in tlie commu- nity. They are authorized to enquire oi fads, if they relate to the duties of the subordinate oflices of tiie Executi^ e De- partment, and to offer those facts to the consideration of the President, who is the constitutional organ of correction. (?) But the same course cannot be pursued in relation to acts which have been already acknowledged by the Executive branch of the government to be his ow n. After being ascer- tained, avowed, ar.d published to the world as the acts of the Executive, all enquiry as to fact is superseded, as tlie subject is then a matter of record, in tlie archives of the nation, and nothing remains to be done but either to impeach or appro^ e. With respect to censure, all writers on military law concur in the opinion, that it is a jmnishment very Ihtle injerior to cashiering or suspension; it has ahvays been ivjlided by a court martial, and its severity depends, in some degree, on the I'a'ik of the offender, as w ell as the nature of the offence committed. What higher offence, let me ask, can an oiHccr perpetiatc, than causelessly to authorize and approve the seizure of the fortified places of a neighboring frioidly power, conti'ary to the provisions of municipal and international law, and in vio- lation of our own constitution? There is certainly none: and if such an outrage is not already punished w itii death, the law should provide to inflict upon it that dreadful penalty. Such, however, is one of the allegations w Jiicli has been preferred by the House of Representatives of the United States against the Executive and his commanding General, under the guise of a. disapproval ! (i) 4 Inst. 11, 24. See also Com. Dig. tit. P.irllament. 2 10 In vain would the people of the United States boast of the freedom of their political institdtions, if a charge against one of its citizens can he investigated in the most important branch of the national goveriimcnt. and a verdict of guilty awarded, without afToi'ding tlie accused an opportunity of being heard in his defence ! it would he a violation of all justice and prin- ciple, in conserpience of the examination being illegal, and the accusers and triers united in the same body of individuals.(/i') In regard to transactions not previously authorized by the Executive, an enquiry into facts, v. itli a report of them to that department of the government for its information, (as in the report on tlie case of General Wilkinson.) would, on many occasions, be higlily proper; but, in cases wliere the President has acted desogatory to tlie high trnst reposed in him, and in violation of tlie constitution — or, where his subordinate offi- cers have thus oSTendcd without his authority, and he refuses or neglects to arrest and punish them, after ample information from tlie House of Representatives — no other constitutional remedy is afforded, but to exhibit articles of impeachment against him. The political relationship which exists between the people or their immediate representatives and the Execu- tive hiancli of the government, renders the Pi'esident alone- accountable to the House of Representati\ es, and not his sn- baltern officers, from a Major General down to a Captain or Coi'poral of our army. Were the rule otherwise, an endless waste of time and treasure would he the inevitable conse- quence, besides tlie entire incompetency of such a tribunal to the riglitfal ascertainment of even facts, in a multiplicity of such tri^ iai cases. It is only where the subject is momentous, or the rank of the offcndei" is of deep concern to the national interest, that the Constitution requires the interposition of the House of Representatives. In these cases, it is essentially necessaiy that their powers sliould be exercised in a manner consistent with the rights and privileges of the citizen, in a Republic oi* free government, and not in passing a vote of cen- sure, wliicli is ejjui^alent to a verdict of guilty, and inflicts tlie heaviest punishment, without giving the party an oppor- tunity of being heard in his defence! It is one of the fundamental principles of law, religion, and justice, that no one sliall he condemned before he is heard, either by himself or counsel. Neither the House of Represen- tatives, noi' any other tribunal in a fi'ee country, is exempt from the observance of this rule. Its dictates are imperati^ e, (k) 5 Com. Dig. tit. Parliament 48. 11 as they are established upon the immutahlf piiuriples oi" tlu laws of nature and of nature's God. M hcMT\or tlie i-i^lits (,!' tlie citizen are respected, this sacred principh' is niaiulaiued, at the risk of life itself, by every honest and indciHMKh'Ml indi- vidual in the universe. So inviolable is its nature, tliat Iri- bu)ials are erected for its protection, even in governuicnts of the most absolute despotism. Its form was never dispensed with, except on a few occasions, during the most oppressive; and gloomy periods of the Eng-lish government; and not even then, without being strongly marked v»ith the indignation of the people, as well as the execration of both the historian and posterity. As in all legislativ e enquiries into tlie conduct of civil ofil- cers, the allegations are determijied before the Senate; so, in those of a military character, the charges are prefcri-ed before a court martial, and submitted to their exclusive and final de- cision. AVhen the House of Representati\ es undertake to i>;iss a V ote of censure on a military oliicer, they desert In^slafion and assume J«(/icifl/ powers. They exercise a i)!-i\ ilege which is not, in the least, connected with the enactment of laws, but is inseparable fi'om their administration. Besides, the most galling pujiishment is inflicted which can wouiul the bosom of a soldier, by passing upon him a sentence of infamy, from which there is no appeal, save to his God and his own con- science. The resolutions of the House of Representatives proposed, in effect, the passage of soniething resembling an ex post facto law, or bill of attainder. Such a course must vitally inter- fere with the constitutional prerogative of the President to select his own officers; to retain in service t'.iosc with whom he may be satisfied, and dismiss such as may merit his displea- sure. It may be also considered as a dangerous attempt to transfer the responsibility of the military from tlic Executive to the Legislati\e Department of the go\ernment. The con- sequence would be, that the energy and usefulness of the Exe- cutive becomes destroyed: the resources of the go\ eminent paralized; every thing like a system of checks and balances disregarded, which is first succeeded by anai"cliy, and. in the end, by the most hideous and loathsome despotism. ,The Pre- sident is stript of his authority, and court martials are ren- dered altogether useless in thcii* operations. By the Constitution, the President is made the comma;ider in chief of tlie army and navy of the Liiited Stales, as well as the militia, when called into actual service. Being placed at the head of the physical force of the nation, he constitutes the 12 ultimate tribunal to decide all questions touching the operations of the army, and the conduct of the officers under his com- mand. Cojigress is required to make ndes for the government of the land and naval forces; but it is evident that the Presi- dent must be entrusted with their application and exe<:ution. No political proposition can be more demonstrable than that this is not a legislative^\m\\er. Indeed, our laws recognize tliis idea throughout all their provisions; and it is believed to be the first instance on record, eithei* in this country or in Eng- land, in wliich tlie Executive has been interrupted in the exer- cise of liis legitimate authority over the military officers un- der his command. As he is responsible to Congress for the acts of his subaltcriis, they should certainly be subjected to his control and direction; as it is a sound principle, in all free govei-nments at least, that 'power and responsihUihj ought never to be separated. Besides, it is unjust to expose the suboi'di- nate officers of the army to tlie censure of Congress, as they do not receive their orders from that branch of the government, and as they would bs tried twice for the same offi^nce, if after- wards made amenal)lc to the jurisdiction of a court martial. An additional ftrgument in favor of the view which I have taken of this subject, is, that when the power to impeach and try civil officers was conferred on Congress, that in relation to the military department was entirely omitted. This part of tlie subject, however, presents itself in a still more alarming point of v iew, upon a more particular exami- nation. Had the House of Representatives adopted the reso- lutions of censure^ and a court martial been ordered for the trial of the commanding General, what are the circumstances under which he would be compelled to appear before such a tribunal ? They must necessarily have been inauspicious and appalling in tlie extreme. When put upon his trial, he is in- formed at the thrcshliold that he had already been found guilty by the most responsible and enlightened body in the nation. His criminality is presumed, and liis conviction anticipated. If he is condemned, it is attributed to the circumstance of the House of Representatives having pi-ejudged the case; and if acquitted, the decisions of the civil and military authorities are arrayed in opposition to each other. This is a state of things which is greatly to be deprecated, and should be assidu- ously avoided by every friend to good order and regular go- vernment. Furthermore, the individual accused is often de- prived of the propeity he holds iji an unsullied reputation, which constitutes the richest inheritance from his ancestors, as well as the most precious patrimony of his descendants. 13 Tliese are .some of the ideas whicli have presented tliemselven to tlie understandiiis^ of the Avriter, rohitive to the le/^ishitive proceedings against the Executive and his commanding oilicci-s, whose acts are particulai-ly referred to in the resohitions of the House of Representatives. With respect to the President, it is here necessary to he remarked, that the facts embraced in the first and third resohitions, in relation to the execution of Arbuthnot and Ambrister, as also the taking possession of the Spanish posts, were executive acts — they were of record, and did not require an enquiry to be instituted upon the sub- ject. Being already ascertained and laid before the House of Representatives, no other legal course w as presented, sa\ e tliat of impeachment. The second and fourth resolutions recom- mended tlie enactment of laws to prevent our commanding generals from putting to death any captive, in future, \\ ithoiit the approbation of the President; and to prohibit our armies from marching into foreign territoiics without the authority of Congress, unless in the tresh pursuit of a defeated and flying enemy. The time employed in the discussion of the first and third resolutions was altogether useless, as ^\ ell as a profuse w aste of the public treasure; because it m ould have been ne- cessary to travel over the whole ground again, upon the im- peachment of the Presideui, had the proposed resolutions been finally adopted. Thus it appears that two classes of resolutions, quite foreign and distinct in their character, were introduced for considera- tion; one for the Infliction of punishment; the otiiei" as tlie ba- sis of legisi5>iIon; and botii to be discussed at the same time, w hich V as certainly a mode of procedure very novel and un- precedciiicd in so dignified and enlightened a body. Having been (coupled together, nothing more nor less can \w presumed, than that one was intended to be subservient to the other. If legislation were the object, or had it been necessary, it could have been effected in the ordinary mode, agreeably to the im- port of the second and fourth resolutions; but i^ censure were llie purpose of pursuit, it must have been anticipated by its friends, that the first and third resolutions could not stand alone a monient, in consequence of their being opposed by for- mer precedent, as w ell as a common sense of justice iidicroit in our nature, which disapproves of tlie condemnation or punish- ment of an individual without being heard in his defence. It is therefore conceived, that the two resolutions intended as the basis of legislation, were altogether secondary and subservi- ent, and were designed only to give currency to the resolutions of censure, wliich was no doubt the primaiy object of the op- 14 position. The proftered censure, as well as legislation, was, however, rejected, by an overwhelming majority of the Honse of Representatives, and their decision was accompanied by the almost universal approbation of the Ameiican people. A portion of the same spirit of opposition to the Executive branch of the government, which was displayed in the House of Representatives, seems to have infused its leaven into the bosoms of some of the members of the Senate of the United States. By a majority of a committee o^ jive members of that highly responsible and august body, has a report upon the subject of the Seminole war been published to the nation. The. appearance of this document produced a wish that some indi- vidual in the community would examine the facts and infer- ences which it contained, with a becoming degree of candor and impartiality. New grounds of accusation were exhibited, which had never passed through the ordeal of solemn discus- sion, as had been tlie case with those which Avere presented in the resolutions of the House of Representatives. The author of tliis address has been, for many years, a re- sident of the state of Tennessee, and personally acquainted with General Jackson. As a military officer, he has recog- nized him as inferior to nonej and entertained a high respect for his character as an honest and honorable patriot, whose long" course of faitliful services has placed hin^ in the first rank of public benefactors. To the writer, Mr. Monroe is entirely unknown, except from character and the acts of his adminis- tration, the last of which are alnu)st uniA ersally approved, in consequence of tlie national and patriotic features by Avhich they are distinguished. tJnder such circumstances, having learned that General Jackson's health was much impaired, and that no one of his nismerous friends had attempted a vindication of the conduct of tlie Executive, in Avhich his oAvn was involved, I determined to offer to the American people such reflections as had present- ed themselves to my own mind, upon i-eading the report of a majority of the committee of the Senate. Some information was already in the possession of the author in relation to the mode of i-aising volunteers; but it seemed very probable that there was yet a considerable portion Avhich had not liitherto found its Avay into the public piints. Th;s idea was suggested by the time and manner in which the report was made, scai-ce- ly admitting of a full disclosure of all the evidence of which the subject was susceptible. Though sensible that much more able pens could be employed in a indicatlrsg the measures of t!ie Executive and his commandirjg Generals fi'om the errors and 15 misrepresentations contained in the report; yet the liherty was taken to address a note to General Jackson, throiiij;'li tlie fcdi- tors of the Nashville AVhie;, under the assumed si,u;natuie of the writer. An answer \v as i-eceived, containing infoiination in some respects not derivable Irom the documents hitherto published, and accompanied by copies of sundry papers of a similai' character, which, with others, have been thrown into the usual form of an appendix. In the consideration of this subject, it must present itself to the mind of every reader, that the President and General Jack- son are personages distinguished by stations of a high and responsible character. In common with otliers, they are citi- zens of this great republic, and are entitled to the enjoyment of those rights and privileges v, hicli belong to freemen. They are guarantied to them by tlie laws and constitution of theii* country, for a violation of wliich they now stand accused by this report before the august ti'ibunal of the American people. As one of the people, and not as the humble admirer oi* sy- cophant of any man or set of men, no7* as inijjlicitly attached to any party in the nation, has the author of these observations consented to go into an investigation of this subject before the public. He undertakes the task with due deference, and so- licits of the people a poi'tion of their candor, indulgence, and attention. He entertains the opinion that his fellow citizens are as deeply interested" in the pui'ity and correctness of the Executive branch of the government, as in the management of either of the other two departments: Indeed, tlie reputation of the Executive and his official agents is to be estimated as the property of the nation. When their measures are not only justifiable, but also of a great political advanta^^e to the country, it is incumbent upon every member of the community to repel detraction from whatever quarter it may proceed, whether it assumes the shape of insidious rumor, or lui'ks un- der the specious guise of official privilege. Believing the imputations contained in this report to be un- just, and as unfounded in fact as in law, I shall, under the in- fluence of these impressions, proceed in the investigation of this subject, w ith a sacred regard to truth wherever it may be discovered. I shall endeavor to form a logical judgmoit of the facts presented, draw legitimate conclusions from the pre- mises assumed, and not wander from tlie question of merit or demerit, in search of impertinent allusions or invidious suspi- cions. From sucli an examination, tlie world will be enabled to decide whether a majority of the committee have * maturelif and Ulispassinuatelif exhibited the facts, and the * detlHcHom 16 clearly arising out of thefactSy as stated by tliemselves; (which is certainly incorrect in numerous instances,) or wliether they can be considered as sanctK persons, and their proceedings to resemble those of judges on the bench, in being as nearly per- fect as human frailty w ill admit. The first consideration -w liich presents itself in the progress of this enquiry, is the nature and extent of the authority under which the committee acted. Only three propositions are contained in the resolution of the Senate by which this committee was appointed^ and so far as a majority of them have transcended its limits, cither in a statement of facts, or inferences drawn from them, their acts must be viewed as extrajudicial, and as entii'ely without the scope of their authority. The fii'st proposition authorizes them to inr|uii*e relative to the advance of the United States troops into West Florida. Second proposition. To enquire whether the Spanish of- ficers in command at St. Maiks and Pensacola were amena- ble to and under the control of Spain. Third proposition. To enquire what cu'cumstances exist- ed to authorise or justify the commanding general in taking possession of the Spanish posts. In these three propositions are contained all the authority under which a majority of the committee wei-e deputed to act upon the subjects of enquiry. Let any dispassionate individual now compai-e the report made under this authority, with the authority itself, and it will be very readily perceived, how littleof the crimbiating matter to be found in that instru- ment falls w ithin the compass of the powers conferred by tlie resolution of tlie Senate. All enquiry and commentary w ith- out the pale of that resolution w as a departure from sound practice, and an abuse of the trust reposed in a majority of the committee by the Senate, of wiiich they were members. The report expressly recognizes the facts, that a war had existed between the United States and the Seminole Indians, and that it was sanctioned by the acts of Congress, in provi- ding men and money for its prosecution in tlie spring of 1818. Hence, the following grounds for a vote of censure on the pro- ceedings of the President and his officers, by a majority of the committee, were entirely without the boundaries, and foreign to the aim of the resolution authorizing them to engage in the enquii'y. First. — The enquiry into the original causes of the war. Second. — The withdrawal of the regular tioops from the frontier of Georgia. 17 Third. — The employment of Volunteers and friendly In- dians, to fight our battles with tlic Seminolcs, instead of draft- ed militia. Fourth. — The execution of Arbuthnot and Ambrister. Fifth. — The order to General Gaines to take possession of St. Augustine. — and Sixth. — The reasons and motives of the commanding Ge- neral in tlie conduct and management of the war. As a further elucidation of tliis subject, I shall, in this place, undertake to enquire into the jurisdiction of the Senate, for the purpose of ascertaining whether that body is competent to the adoption of the Report as it has been presented to the nation. It here deserves to be remarked, that, although there is no formal resolution of censure subjoined to the report, under the insidious guise of disapproval, as in the Report of the House of Representatives; yet, a majority of the committee ariive as completely at the same result, by repeated insiiuiations of malconduct, as well as covert avovNals of criminality in the Executive and his otticial agents. No remedial act, hov/ever, is pi'oposed to be done, nor any measure of justice oi* policy re- commended; audit must be self-evident, to every understauaing capable of the least reflection, that the bari-en legislation which evaporates in empty censui'e is worse than useless, and is a wanton w aste of time and treasure. In this shape tiie Report is presented to the Senate for theii' adoption or rejection. Should it he adopted, the unavoidable consequence will be, that the President and his coniinanding Generals are virtually pronounced to be guilty of the higljest crimes and misdemeanors. Then, it ma}' be said, with truth, that the most exalted tribunal in the nation determined, after mature Je/ifiera/iow, that the President had ex])ressly authori- zed, and, with the Secretaries of State and A\ ar, afterwards decidedly approved of the identical acts which are repi-esented by this report to have been committed by Generals Gaines and Jackson. — And this, too, entirely upon an ex parte examination, and without permitting the accused to be heard, either by themselves or counsel. In addition to this, the Executive is. in substance, stated to have done so, with a total disregard of his high and responsible duties, as the Chief Magistrate of tho nation, and in violation of its constitution and laws. These acts are not urowedbj alleged against those distinguished per- sonages as crimes. No, readei*. The language and spirit of the report are too soft, gentle, and full of regret, for such an o/jfn method of accusation; although every one must be per- 18 fcctly sensible that the imputations which it contains involve criminality of the deepest dye! The observations which have already been advanced upon the subject of jurisdiction in the House of Representatives, are in many respects equally applicable to the report of a majority of the committee of the Senate. They demonstrate, in the most conclusive manner, that neither branch of the Legislature of the Union can interfere in the trial and condemnation of a subordinate officer of the army, — that such a measure is tJie parent of consolidation, which is admitted by all political writers to constitute the essence of despotism. As it respects the commanding Generals, there are the same objections to a legislative interference in one House as in the other; but, so far as the President is involved, the report of a majority of the committee is still more dangerous and alarming. Wlien tlie question is presented in this attitude, it must be considered as one of the most gigantic strides of power which has ever distinguished tlie proceedings of a legis- lative body. After the subject had been disposed of, and sup- posed to be finally settled in the House of Representatives, a committee of the Senate took it up for considei-ation; prosecu- ted it with an industry that was unexampled, and animadvert- ed upon it with a severity, which was not altogether compati- ble w ith the dignity of the Senate, of which they were members. As all ilie civil officers of the American government are sub- ject to the impeachment of the House of Representatives, it was certainly tlicir duty to enquire how the Seminole war had been conducted; but it was a subject witli which the Senate could not constitutionally interfere, until it came before them in the shape of an impeachment.(/) In such cases, the House of Representatives onginate accusations, and the Senate try them. In consequence of the last body being removed at a great distance from the people, they are not permitted to in- stitute any enquiry of an accusative character, (except for breach of privilege.) or which will operate as the basis of an impeachment. This is most assuredly a sound regulation, for the additional and conclusive reason, tliat the Senate is the tribunal before which all the allegations are to be exhibited and determined. Was the contrary the fact, the accusers and triers f as I have before remarked, would be united in the same body, and all the valuable purposes of justice would be entire- ly defeated. (/) 5 Com. Dig. tit. Parliament, 48, 19 Tlie great difficulty in relation to the report of a majority of the committee of the Senate is, that the Pi-esidcnt alone is responsible for all the measures adopted during the Seminole war; having first authorised them, and afterwards expressed his unqualified approval. Under tliese circumstances, I will suppose, for the sake of argument, that the House of Repre- sentatives should prefer aiticles of impeachment against the Executive at their ensuing session, is any individual prepared to say, that a majority of the committee could sit and pass judgment upon them? I think no one will be disposed to an- swer in the affirmative, with any color of justice and consis- tency. On such occasions, the Senate are the judges, and ex- ercise, in some measure, the powers of coui-ts, agreeably to the practice in equity cases. They try, judge, and pass sen- tence, after fully having heard the parties face to face, with all the evidence on both sides of the question. It must be self-evident to every reflecting mind, tliat a tri- bunal thus organized, should be impartial, pure, and uncon- taminatcd. They should engross public confidence, and be free from all suspicion of bias or prejudice towards either of the parties. But, can these valuable objects be secured, when the judges have already gone into an ex parte cxsimlnniion oi the testimony — given their opinion on the facts with which the party is charged, unheard and undefended, and published the whole of their proceedings for the inspection of the world? Cer- tainly not. No I'ational person will pretend to say, that those who have done so could ever sit in judgment again, to try the same individual for the same offence. Even had a ma- jority of the committee delivered their opinions publicly in their individual capacities, whether that opinion w ere favora- ble or unfavorable to the accused, they could not afterw ards, either in honor, in conscience, or in law, sit as judges upon his trial; as no man can try a cause legally and righteously w hich he has already prejudged. To do so, would be a violation of every principle of those laws which govern our natural, civil, and moral relations. Every idea of justice and equity, both natural and acquired, revolts at an idea so monstrous and absurd. Whilst this subject was pending before the Senate as a judi- cial tribunal, every lover of his country, its constitution, and laws, would have forborne any remark, and patiently aw aited the determination ofthat august body, for which, in common with his countrymen, the writer entertains the highest respect. Nor is it intended to derogate from that respect on the present occasion. By no act of the Senate has tiiis report been sanc- tioned, or adopted by that bod\ : but. on the co)it»-ary. by giving 20 it jjubiicitv ill ilic public prints, it has been stripped ofits offi- cial cliaracter. and permitted to find such a place in the estima- tion of the American people as it may deserve, after due en- quiry, reliection, and discussion. As a number of the points animadverted upon by a majority of the committee of the Senate, were elaborately discussed and settled in the House of Representatives, I shall forbear to notice them, in titis place, only as they are incidentally connected with the primi])al points in control ersy, as the nation has acknow - ledg-ed itself perfectly satisfied upon those branches of the sub- ject. 1 sliall, however, by way of a general reply, endeaAor to give a condensed outline of the origin and progress of the Se- minole war, together with the grounds assumed by the friends of the government in the course of the investigation. Wlien the commanding general entered the territory of Flo- rida, it w as both the residence and receptacle of foreign incen- diaries and savage hordes, ^vho were the sworn enemies of the United States, and who refused to become parties to the treaty M hich w as signed at Fort Jackson. It w as also tlie asylum of traitors and outlaws, as well as our runaway negroes, and was used for the illicit purpose of introducing imported slaves into the United States, in violation of our laws. From the year 1814 down to the termination of the Seminole war, this motley crew of black and red combatants had been uniformly instigated by British incendiaries, Spanish cupidity, and tlieir own ferocity, to carry on a war of depredation and massacre upon the peaceful citizens of our frontier. Disre- garding our frefiuent w arnings, as well as overtures for peace, they retired within the Spanish line, where they were taught, by the duplicity of her agents, and our own forbeai'ance, to believe themseh es secure. There they plotted the destruction of tliose Avho had settled on the lands acquired by the treaty of Fort Jackson; there they enjoyed the plunder taken from our citizens, and made preparations to renew their bloody triumphs. I'he success of their uninterrupted and murderous incursions is attested by the massacres on Duck river and at Fort Mims, and also by the fact, tJiat, at the Mickasuky towns, there were found upon a war pole three hundred scalps of all ages, sexes, and conditions, besides fifty fresh scalps, which were recog- nized as the same that had been torn from the iieads of lieut. Scott and his party ! And permit me here to i-emark, that the destruction of this pai'ty was of the most tragical character; the children having been taken by tliem, and their brains dashed out against the sides of the boat in which they were captured. 21 In consequence of this horrible occurrence, so shocking to launanity, and tlie I'cfiisal of the Indians to comply with the demands of our government, to surrender themurdci-ersofour frontier citizens, theii* forbearance became exhausted, and they resolved upon the adoption of such nieasuies as were calculat- ed to carry o)i the war with vigor and eftect. In addition to this, the people of Georgia and Alabama were making iej)eat- ed calls on the general government for protection. The re- presentatives of the former loudly complained of the inadetjuatc defence provided for them by tlie Union, and of the indolence and inefficacy with which thewarhad been conducted. They re- presented their ex]>osed situation in the nu)st feeling and pathetic terms, and insiiuiated that the operations of tlie commanding ge- neral were extremely tardy and neglectful in affording them the desired relief. In such a state of things, wliatever might have been the original causes of the war, tiie general goverimjent could not hesitate to extend her arms for the protection and se- curity of our bleeding frontiers. From all these circumstances combined, I feel myself author- ized to assert, that the Seminole war was entirely defensive in its character, notwithstanding tlie hesitation expressed by a majority of the committee of the Senate upon this subject. Al- though lio.-itilities were carried on in the enemies' countiy, it was still a defensive war, and requii-ed no manifesto on our part, owing to the open hostilities of the enemy, and our hav- ing suffered the first act of aggression.(jji) Being an Indian war, and entirely defensive in its character, I shall endeavor to prove that the President of the United States possessed all the power and authority of tliis nation m its conduct and management. Ever since the year 1795 the President has been invested by law with full and continuing powers to repel Indian inva- sions.(n) Under a similar authoi'ity were the canij)aigns of generals Wayne, Harmer, and St. Clair, prosecuted for the peace and secuiity of the north westein frontier,(o) as well as those which were carried on with the southern tribes. All these acts were approved by Congress, and completely met the views and w ishes of tlie American people. Although the President cannot declare war, yet he can i-e- pel it when waged by others, as he is entrusted by the constitu- tion with the protection of the nation and the assertion of its (w) VaUel, 293, 519; Martens, 273. (n) 2d Vol. Laws United States, 479. i^o) 2d Vol. Laws United States, 74. 103. 22 riglits. Were the United Stales invaded during the adjourn- ment of the National Legislature, no one will hazard so much as to affirm that the Executive would he bound to await their meeting befoie he could legally interpose resistance. Such a doctrine would be ruinous in the extreme, eveij between sove- reign and independent nations. To rci)el invasion, then, is both a legal and consiitutional duty of the Executive; and to requii^e a declaration of war against savages, on sucli an occasion, w ould be without a pre- cedent. It would be an acknowledgment of their indepen- dence, and that the usages of war entitled tiiem to be treated as lawful enemies. We never have made such an acknow- ledgment; but, on the contrary, have extended our criminal and commercial laws within their territory; refused those whore- side within our limits the privilege of disposing of their lands to any pow cr except the United States, and have obligated our- selves to restrain tiiem from hostilities with Spain. Further- more, a war w aged by savages can have no lawful form, effect, cr object. Its progress is characterized by plunder, massa- cre, destruction, and revenge ! Such a war, as w ell as the means employed in its prosecution, ^re unlawful; and a iiation, when attacked by such enemies, is under no obligation what- ever to extend tow ards them the laws and usages of civilized w arfare. They may be hanged as banditti and robbers.(p) If the President is bound by his duty to repel invasion without a declaration of w ar, he can lawfully enter a neutral territory in pursuit of the enemy w ithout making war, and consequently without its being declared. This right of self- defence gives all the means wliich are necessary to its pre- servation; () Vattel 296, 297. (q) Vattel, 241. (r) Vattel, 318, 515. («) Vattel, 315. 28 any specific thing, which the United States is autliorized to assert or possess, agreeably to treaty or the laws oi" nations. This principle was forcibly illnstrated in taking possession of Mobile and W^est Florida, to which measure, both Congress and the nation gave their unqualified approbation. But if it is insisted tiiat w ar did exist, there can be no he- sitation in believing that it was declared by Congress them- selves. They sanctioned every preparatory measure of tha President, and made it his imperious duty to proceed in iU prosecution. On the 25th of March, 1818, he communicated a candid and full statement of all the information in his pos- session Illative to the Seminole war, and stated, most expli- citly, that our troops had received orders to enter Florida in pursuit of the enemy, and plainly intimated that the Spanish authority would not be respected where it was not maintain- ed. Upon the receipt of this intelligence, they did not com- plain that the Executive had done wrong, or that their pow- ers were usurped; but, on the contrary, directed an addition- al brigade of militia to be called into service — increased the pay of the Georgia troops ali'eady engaged in the war, and appropriated 90,000 dollars as a compensation for the ser- vices of mounted volunteers. Here, then, is an acknowledgment that war existed; and as such, was tantamount to a declaration of war. (^) By rais- ing troops and appropriating money. Congress put a con- struction upon the case, and acquiesced in its propriety. All the information obtained was communicated in compliance with their ow n resolution, and, by not interfering at that mo- ment, they have rendered themselves responsible to the na- tion for the legality of the war, as well as for transferring it from our own to the territory of Spain. Having satisfied the reader tliat the authority of Congress has not been usurped, and that the Executive was vested witii full powers to prosecute this war without a declaration in form, I shall attempt, in the next place, to pi'ove that the orders of the President ti'ansferred all those powei's to the commanding Geiicral in Florida, and completely covered and Justified all the measures w hich he adopted for its speedy and effectual termination. For the purpose of arriving at a full understanding of the orders of the commanding General, it will be necessary to ex- amine the state of affairs, as well as some of the orders which had been issued from the War Department anterior to his taking the command. From, this examination, m e are ena- (0 4th vol. La\vsU. S.p. 835. 24 bled to learn that the savages had, for a considerable time, committed alarming depredations on the citizens of Georgia, and perpetrated a immber of murders on her frontier settle- ments. That state petitioned the Union for relief; general Gaines was assigned to the command of that District, and the general government demanded reparation of the Indians for past aggressions. On the 9th December, 1817, the War Department, after speaking of the hostilities of the Indians, wrote to general Gaines as follows: " Should the Indians, however, assemble in force on the Spanish side of the line, and persevere in com- mitting liostilities within tlie limits of the United States, you win, in that event, exercise a smmd discretion as to the pro- priety of crossing the line^ for the purpose of attacking them and breaking up their towns." On tlie 16th December, 1817, another letter says: " Should the Seminole Indians still refuse to make reparation for their outrages and depredations on the citizens of the United States, it is the wish of the Pi-esident, that you consider yourself at tiberty to march across the Florida lincy and attack them with- in its limits, should it be found necessary: unless they sliould shelter themselves under a Spanish fort. In the last event, you will notify this department.'* In the above situation of the orders, general Gaines was detached on duty to Amelia Island. Shortly after his depar- ture, however, intelligence was received at the Department of War, of the massacre of Mrs. Garrett and family, and the inhuman butchery of the detachment under lieutenant Scott. The very same day on which this melancholy information ar- rived, {n) the Secretary of War wrote a letter to general Gaines, and another to general Jackson, inclosing an order to the latter to take command of the Southern Division. On the 26tli December, 1817, the War Department writes to general Gaines at Amelia Island, informing him that the Seminole war had " assumed so serious an aspect" ** that they could not be brouglit to their reason w ithout the actual use of force" — that general Jackson had been ordered to take the command, and directed him, ** if his force was sufficient, to penetrate through Florida, and co-operate in the attack on the Seminoles." On the same 26th December, 1817, on which the above let- ter Avas written, order* were issued to general Jackson to take the command. They recited " the increasing display of hostile intentions by the Seminole Indians," and after stating 00 See Mr. Tallmadge's speech, in House of Representatives, U. S. 25 tl»c regular force under his command, as well as tlie supposed- number of the enemy, authorises him to call on the Execu- tives of the adjacent states, for such additional military force as he might deem reqnisilc to beat the enemy.'* Tliis order also informed him, that .2;eneral Gaines had been directed *' to penetrate from Amelia Island through Florida, to the Semi- nole towns, if his force tvould justify his engaging in offensive operations. With this view you may be prepared to con- centrate your force, and to adopt the necessary measnres to ter- minate a conflict which it has ever been the desire of the President, from considerations of lunuanity, to avoid, but which is now made necessary by their settled hostilities.'* From these orders it will appear, that the circumstances which called the commanding general into the field induced the American cabinet to depart from the defensive and cau- tious policy wiiich it had originally adopted, and produced the determination to prosecute the war with vigoi' and effect in the couiitry of the Seminoles. The subsequent orders which were directed to the commanding general had no re- ference to those of general Gaines, save that of the 26th De- cember, which is given above, and was transmitted to him whilst at Amelia Island. These ordei's then entirely super- seded those given to general Gaines, and prove that the go- vernment had resolved to pursue a new system of operations against the enemy. The subsequent orders from the War De- partment are as follow: — <' 16th January, 1818. The honor of the United States requires that the war with the Seminoles should be termina- ted speedily, and rvith exemj^lary punishment for hostilities so unprovoked. Orders were issued soon after my arrival here, directing the war to be carried on "within the limits of Florida, should it be necessary to its speedy and effectual termination." *• 29th January, 1818. A confident hope is entertained that a sjjeedy and successful termination of the Indian war will follow your exertions." *' 6th February, 1818. The honor of our army, as well as the interest of our country, require that it should be as speed- ily terminated as practicable; and the confidence reposed in your skill and promptitude assures us, that peace will be re- stored on such conditions as will make it honorable and perma- nent." If there should be any doubts still remaining as to the plenir tude of the powers conferred on the commanding general, I would refer the reader to an extract fiom the President's mes< 4 26 sage, as well as one fi'om a letter addressed to governor Bibb, by the Secretary at War. The message was communicated to Congress on the 25th of March, 1818, and, after some re- marks relative to the Seminoles, says: — "• The enclosed documents shew, that the hostilities of this tribe were unprovoked; the offspring of a s])irit long cherish- ed, and often manifested, towards tlie United States; and that, in tlie present instance, it was extending itself to other IrihcSf and daily assuming a more serious aspect. As soon as tlie nature and object of this combination were perceived, the Major General commanding the Southern Division was ordered to the theatre of action, charged with the manage- ment of the tvar, and vested with the powers necessary to give it effect.'' The letter to Governor Bibb is as follows : ** 13th May, 1818. General Jackson is vested with full ■powers to conduct the war in the manner he may judge best." With these ample and discretionary oi'dei's, and this satisfac- tory explanation of them, there can be no question that tliey authorise and Justify eveiy measure which was adopted during the Seminole war, and entirely acquit the commanding gene- ral of all censure and responsibility. Moreover, had the or- ders been defective in their impoi-t, the subsequent approval of the measures and motives of tlie commanding general, by the Executive, completely settles all controversy. It may not be impi'oper also to i-emark, that the orders were precisely ac- commodated to the nature of the case, inasmuch as the officer to whom they were directed was about to carry the war into an almost impenetrable wilderness, from whence he could nei- ther communicate, nor receive information, speedily, from the War Department. The fact that tlie commanding general was vested with all the powers of the Executive in the prosecution of this war being settled, it only remains for me to enquire how far those powers have been exercised in conformity with the constitution, and laws of nations. With regard to crossing the line and transferring the war into Florida, many of the observations ah-eady submitted in I'elation to the powers of the Executive, apjily with justness and propriety. They prove that it is the duty of the govern- inent to protect tlie people, and tliat it has a I'ight to all the means necessary to effect so valuable an object.(r) The safc- j (y of the people is the supi'eme law, and cannot be abrogated. (r-) Vattel, 22, oi9.- 27 The obligation to secure this end cannot be dispensed with, and nothing can destroy or impair the right to all tJic means. The right of security and self-preservation is i)aramouut to all others. It is a natural right, anterior to tlic laws of na- tions, and it is a perfect right which can be asserted by force. Upon these fundamental and immutable princijjles, as \\ ell as by virtue of tlic power vested in him by the constitution, is the President bound to repel invasion ; and no one can hesi- tate to say that he was authorized in crossing the line, as tlie defensive war in w hich he w as engaged could not otherw ise be terminated. It w as the denial of tliis principle that brought down sucli universal odium on the go\ ernment of Massachu- setts, during our late struggle with England. Such a doctrine was calculated to cripple the Executive department of our government in the most vital manner, and that too at a time when tlie enemies of our country may be prosecuting a war against us w ith every cruelty, vigor, and efficiency. Tims to deprive ourselves of the benefits secured by the law s of natio)is, renders us unable to contend with foreign powers upon etpial terms, and we should abaiulon our exposed and frontier settle- ments to the mercy of a I'elentless and savage foe ! Crossing the line into Florida then was a measure wliicli is completely justified by that necessity recognized by all wint- ers upon the law s of nations. It w as in Florida that the ene- my resided ; it was from thence they made tlieir murderous incursions, and it was thence tijey retreated foi* security v>itli their bloody trophies ! Here were their tow ns and villages ; tlieir w omen and childi*en, and all the resources w hich enabled them to carry on the war; it was here that oui' Iroops met with the principal resistance, and rescued from tlic savages a w Oman, w ho w as the only survivor of the tragical destruclio/i of lieutenant Scott and detachment. The pur])oses foi' wiiicli the w ar was commenced could not have been accomplished witliout transferring it to their territory ; and it appears self- evident, that, if the law of nations w ill authorize us, in self-de- fence, to engage in such a w ar, it nnist also sanction all the means necessary to its effectual termination. The right of security obliges the government to protect its citizens, and carries w ith it and justifies all the measures ncc(>ssary to be employed in its accomplishment. No principle is better estab- lished than this, and there is certainly none of more vital im- portance. In consequence of the government having failed in their I'cpeated and earnest efforts to negotiate a peace with the In- dians, they were at hvst compelled to engage in the conllicl 28 with great reluctance. Forre was rendered absolutely neces- sary; and our duty to ourselves gave us a right to every thing essential to our own preservation.(w) Upon the prin- ciple of necessity and self-defence, we arc authorized ta enter the territory of a neutral power in quest of an enemy.(x) Much more should this be the case, Avhen that territory is the retreat and I'esidence of our irreconcilable and savage foe, and where alone the war can be speedily and effectually ter- minated. Was the contrary the practice, neighboi'ing terri- tories would become a safe asyliun for banditti and robbers, who might carry on their murderous liostilities against us with the most perfect security. The conduct of a neutral power must be altogether impar- tial to both of the belligerents ; and if it is refused force may be resorted to without cause of complaint to the neutral.(t/) It is absurd to say that it is necessary to declaj-e war against the neutral, in order to put an end to such hostilities. The Executive ajid his commanding general pursued a course en- tirely different, and one wliich is in unison with the laws of nations. Although the neutrality of Spain had been prosti- tuted by the weakness or corruption of her official agents, yet we entered her territory as friends,(a) to chastise the enemies of both nations. The commanding general never designed it as an act of war, nor did the President so consider it in his message to Congress, at their last session. The Spanish go- vernment did not construe it as war, nor did Mr. Pizarro or Don Onis complain of it as a measure of that description. The fact was, that the authority of Spain over Floi'ida had ceased, according to the confession of her own commanding officers, and become a derelict to all intents and purposes. Be- ing unable or unwilling to restrain the savages, agreeably to treaty, we were at libei'ty to attack tliem as aggressors, and suppress them without going to war with that power. If the Indians do not occupy the ground of independent sovereign- ties, we had a right to adopt this course ; and if they do, we have violated no neutral right of Spain in pursuing them to their towns and villages. Whether Spain then was neutral or belligerent, or tlie savages dependent or independent, we had a riglit to enter Floiida in order to terminate the war ; and this right is sustained by the proceedings of Congress in 1 8 1 8, by the laws of the United States, and the laws of na- tions. {w) Vattel, 517, 519. (x) Vattel, 318. (u) Vattel, 332. (s) See General Jackson's letters, doc, p. 59, 61, 90. 29 Our rights on this occasion were greatly strengthened by our treaty uitli Spain, whicli obliged her to restrain ker In- dians from attacking the United States.(ft) The engagements of a treaty impose a 'perfect obligation, and give a perfect right, Avhicli may be asserted by force.(6) Riglit and obliga- tion are correlative terms. As Sj)ain was obliged to restrain the Indians, Me had a right to have tliem restrained; ami the plea of inability to comply with her treaty, still comj)elle{l Spain to use all the means in her power, and to furnish us witli every aid and facility towards doing ourselves that justice which we had a right to expect fi'om her hands. In relation to the Indians, the two governments were in the situation of allies, mutually bound to restrain them within tlieir respec- tive limits. Owing to the non-compliance of Spaiji, her du- ties were devolved upon us, and we were entitled to all the/ means necessary to tlicir peiformance. There was an urgent and indispensable necessihj for the discharge of these duties ; and it is upon tliis principle that one nation is authorized to seize a post of strength belonging to a neutral pow er ; to put a garrison into it, either for defending itself against an ene- my, or for the purpose of preventing him in his designs of seizing the place, when the neutral is unable to defend it.(c) We gave Spain notice of the violations of her neutrality to our disadvantage by tlie British, negroes, and Indians. Wc complained to her officers of the occupation of Pensacola by Colonel Nicliols ; of the erection of the negro fort on the Ap~ palacliicola ; of the aid and comfort afforded our savage ene- mies at her fortresses, and their co-operation with this motley horde iii carrying on hostilities against the United States. In opposition to the most conclusive proof, they denied any criminal participation ; but acknowledged the tiuith of the other facts, and pleaded inability to prevent theii* recurrence. Under such circumstances, our right to redress being establish- ed, and the delinquency of Spain notorious, the laws of na- tions authorized us to have recourse to force in the pursuit of that right; especially whenitAvas out of our power to obtain peace by amicable means, and when we foresaw that a conti- nued effort to that end would be entirely fruitless.((/) The President aiul his commanding general would have neglected their duty to the nation, in the most shameful manner, had they suffered a mathematical line to arrest their progress, (a) 2d Vol. Laws of the United States, 26$. (^) Vattel, 182. (c) Vattel, 315, (d) Martens, 265, 268. m when the enemy w as permitted to retreat beyond it for protec- tion, as Avell as for the purpose of ,^ainin.i^ time to i-ally, or- ganize, and prepare for new acts of hostility. The war would have been endless had they been bound to respect an authority that did not exist; a sovereignty that was not asserted or ex- ercised, and rights that were suffered to be usurped for the purpose of promoting the most cruel and savage war against the frontier settlements of the United States ! To translate the war into Floiida became necessary, in or- der to convince the enemy that our forbearance had not pro- ceeded from weakness, or from a consciousness of their securi- ty under Spanish protection. It was justified by the necessi- ty of terminating the war ; of preventing the I'cpetition of rob- beries and massacres on our frontiers; and it was precisely the same description of necessity that authorised the occupation of the Spanish fortresses of St. Marks and Pensacola. It is diflicult to perceive how those who regard the Seminole country as neutral tei'ritory, and believe its occupation to be compatible with our neutral relations, in consequence of its be- ing necessai'y to suppress the hostilities of the Indians, can deny the same necessity for taking possession of the Spanish posts. The same provocations existed to justify both; and if there w as any difference, it is so small and indistinct, as to be unworthy of notice. In one case possession was taken of territory, and in the other of garrisons. Neutrality was equally violated in both in- stances; and those who object to the occupation of the fortresses, must, in principle, be opposed to crossing the line; and, if so, then to every measure which was adopted as indispensable to terminate the w ar, and give peace and security to our bleeding frontiers! Had the President and his commanding General awaited tlie meeting and decision of Congress, to authorise all tliese measures, the frontiers of Georgia and Alabama might yet be deluged with blood, and the Seminoles encamped in battle array on tlie banks of the Tennessee and Oconey! With such a prospect, and the enemy at hand, to talk of delay is to deride tlie mandates of nature and of nature's God. For the purpose of obtaining some evidence of the views of the Executive in relation to the occupation of the Spanish posts, we will take tlie liberty of calling tlie attention of the reader to the order of the Navy Department to Commodore Patterson, directing him to afford his naval aid and co-opera- tion to the Commanding General in Florida, in removing ob- structio7is to a free communication between t\iQ forts and for- ces of the United States, and *• to adojit snch further measures as the circumstances of the case or the developement of crenls ■maij render necessary. *'{e) It is licre worthy of notice, tliat, at Hie time this oi'dei' was issued, the nea;i'0 Ibi't was (UMUoiishetl; and tlie naval detachment must liave been intended, if neces- sary, to co-operate in tlie reduction of St. Mai-Jvs, Pensacola, and St. Augustine, as tiierc were no other positions on the Gulphupon which they couhl hebrouglitto bear. It is also to be remarked, tiiat they did co-operate, under this order, in the reduction of St. Marks and Fensacola. Furthermore, the com- manding General communicated to the Exccuti^ c the })rohable necessity of taking possession of both those fortresses.(/) and had the measures been disapproved, or had tliey contra\ ened the policy of the Cabinet, they might have been countermand- ed and arrested in their progress. The truth of the case was, tiiat there existed the same ne- cessity for the occupation of the ])osts tluit there was for de- stroying the Indian towns and villages. Nay, more, as they wero fortijied places, from v» hence the savages drew their sup- plies, and whence they lied for refuge and security. Situa- ted as they were, the objects of crossing the line would have been defeated had they not becji taken, and the negroes and Indians deprived of the aid and security which they received from the commandants. AYlien our army retired fiom tlie country, they would again have been rallied, and made a de- scent upon our defenceless frontiers with additional ferocity. The measure was indispensably necessary to tlie execution of the commanding General's orders, and the accomplishment of the objects for which the campaign had been commenced. His orders were, — to procure a speedy and effectual termina- tion of the war, and a peace on such terms as would be per- manent and honorable to the United States. These })uri)oses- could not be effected so long as the commandants of those posts furnished our enemy with supplies and munitions of war, and aided, abetted, and encouraged them in their hostili- ties against us. Being compelled, by the defalcation of Spain, to discharge her duties, we were entitled to all the means ne- cessary to effect that purpose; and if the ])ossession of St. Marks and Pensacola was essential to the restraint and suppression of the savages, we are completely justified in the adoption of the measure. To the post of St. Marks, the negroes and Indians had fled for refuge and protection, after their defeat at Suwaney. — (e) Appendix, No. S3. If) Pres. Mess. 2d Dec. 1818. Gen. Jackson's letters to Sec. at AVar, 25th March, 8th April, and 6l!i May, 1818. The commanding General of tlie President had been informed by the Governor of Pensacola, through Captain Call,(.§') that tlie Indians had demanded arms, ammunition, and provision, or the possession of tlie fortress; and that he presumed pos- session would be given, from inability to defend it. With tliis and other information, tlie commanding General, upon ap- proaching the place, requested that it might be used as an American garrison during the war, which he was then prose- cuting, for the chastisement of the common enemies of both nations. The commandant refused to comply, but acknow- ledged to Capt. Gadsden the justness of the Governor's appre- liensions; that threats had been used by the negroes and In- dians, and that he was unable to defend his post.(/i) In the course of the communication, the commanding Gene- ral of the Executive became satisfied of the weakness as well as criminality of the commandant; that St. Marks was a depot for Indian supplies, and that the neutrality of Spain M as perverted to the basest purposes.(i) Under these cir- cumstances, he demanded the fortress to be surrendered. It V, as here that Hillis Mjo held liis war councils in the com- mandant's quarters, and that the latter stimulated the Indians to robbery and murder, by promises of British protection, and by telling them of a declaration of war by Spain against the United States. The commandant was also the jailor of tlambly, whose crime was liumanity to our citizens, and at- tachment to the American government! He acknowledged that he liad " observed towards those barbarians a policy which had the appearance (i{ ^ warm friendship;^' but by which he had incurred " a considerable expense." Here it was, that foreign emissaries carried on their infernal intrigues; that the property plundered from the citizens of Georgia was publicly sold, and that previous contracts were made for it by the offi- cers of the garrison, with a full knowledge of the violent and unlawful manner in which it was to be obtained! It was at this place that the Indians obtained supplies and munitions of ■war; that Luengo permitted the bloody clothes taken from the murdered comrades of Lieut. Scott to be vended to Spanish soldiery, and that the public stores and store-houses were ap- propriated for the benefit of our enemies. The case in which it is justifiable to seize a neutral post existed. The enemy had threatened to occupy St. Marks, {g) President's Messag'e, 2cl Dec. 1818, p. 48. {h) Doc. Pres. Mess. 2d Dec. 1818, p. 261, 63, 63, 64, 67. 0) Appendix, No. 24, 34. 33 and premeditated seizing upon the possession. Ambrister, at the liead of 500 of his brigands, had approached it, to the alarm of the commandant, and they were still collecting for the purpose of taking it, so soon as the commanding General should withdraw his forces. In this state of things, necessity and the laws of nations justified its occupa- tion. A belligerent can *• seize, and temporarily occupy, and even gai'rison, the post of a neutral country, in or- der to prevent the designs of his enemy in seizing the place, whenever the sovereign of the country is not able to defend it."(/v) Here the enemy wanted neither tiie inclination nor ability to execute their threat; and whether St. Marks was occupied by a neutral or belligerent, it was equally subject to be captured. A neutral ship oi* foi't may protect neutrals and their pro- perty, but they are not allowed to be pi'ostituted for the se- curity of the persons and property of enemies.(/) As a neu- tral, the conunandant was bound to observe tiie most rigid impartiality towards the parties at war;(m) and inasmuch as the British and Indians had violated her neutrality and occupied her posts, we were, by the laws of nations, entitled to enjoy the same privilege. The Executive and his com- manding Genei'al are theiefore entiiely justified in taking possession of this post, in order to prevent its further occupa- tion by the negroes and Indians. It was upon the same prin- ciple that the great Frederick took Dresden, as a depot, in order to anticipate his enemies, when he understood that Russia and Austria intended an invasion and partition of his dominions. With respect to the occupa,tion of Pensacola, it is justified upon tlie same immutable principles of self-defence which au- thorised oui' taking possession of St. Marks. This place had also become the asylum of negroes and Indians, who di-ew from it supplies and munitions of wai", and retreated to it for shel- ter and protection, upon the surrender of St. Marks. After leaving a garrison in the place last mentioned, and defeating the negroes and Indians at Suwancy, the army re- turned to Fort Gadsden. Believing that the war was ter- minated, and thejenemy dispersed, the Georgia militia, under General Glascock, were discharged, and every preparation was made by the commanding General for returning to the interior. He was, however, disap})ointed in his calculations upon this subject, as he was soon informed that Pensacola had become the asylum of the flying and defeated sa^ ages, and that (k) VAtie], 315, (I) Vattel, 507. (m) Vattel, 497. 34 rtie Governor had refused the passage of provisions up the Escambia, destined for our starving troops sta oned at Fort Crawfoi'd. Upon the receipt of this intelligence, it was resolved to make a movement in that dircctioii^ for the purpose of ascer- taining the facts, and scouring the country on the west side of the Appalachicola.(?i) On the banks of the Escambia, tlie let- ter of Governor Bibb(o) reached the commanding General by an express, on tlie 22d of May, and, aftei* detailing many mur- ders and outrages which m ere daily committed on the fron- tiei's of Alabama, remarks — '* I should have mentioned that, in April, a house, ^\ithin fifteen or twenty miles of Claiboi-ne, Avas attaclvcd^ the husband killed, and wife and two daughters wounded. Thiity dollai's, a quantity of bacon, and eveiy ar- ticle which could be conveyed away, taken and carried to Pen- sacola, where, Ihelieve, the murderers might still be found.*- — The sufferers weic the family of Mr. Stokes, spoken of in the deposition of CharlesBaron.fjj) who also states, that the plunder taken on tliat occasion was publicly sold to the inhabitants of Pensacola ! ! Furthermore, the commanding General was met on his route, by tlie protest of Governor Mazot,(oyhala, who was to be included with the persons to be trans- ported to the Havana, The 18th provides for the freedom of religion; and the 19th that the American government shall restore the province and for- tresses, in the same state in which they found them, after the objects of the war should liave been accomplished, as explained in the official letters of General Jackson. And, finally, if any doubt should arise as to the meaning of the terms of the agreement, they should be construed in die manner most favorable to the Spaniards. The Governor of Pensacola requested that the government should be dis- solved; and in such a state of things it became absolutely necessary that some kind of civil authority should be organized for the protection of the lives, liberties, and property of the citizens, during our temporary occupation of the place. It was essential that revenue laws should be estabhsited, in order to "check tlie smuggling which had been carried on successfully, in that quarter, for many years past, and to admit the American merchant to an equal participation in trade." General Jackson would have failed in his du- t)', had he neglected a matter of so much importance. This was all that was contemplated, and it was effected in conformity with the laws and customs of Spain.— See his report, Pres. Mess. 2d Dec. 1818, p. 86, 7, 8. (5-) Pres. Mess. 2d Dec. 1818, p. 86. 41 Spain as a, friend, to cliastise a mutual oneniy of botli na- tions.'X^O 1» ''is letters to the War Ucjiaitnienfr, iniisicdiately after the occupation of St. Marks, he ob.ser\ es : •• Pcrsoiuvl rights and private property Iiave been respected, and the com- viandant and garrison furnished yvith transportation to Fensa- colaJ* Again : " In tlic spirit of fi-iendship, 1 demanded its surrender to the army of the United States until the close of the war."(i) To the Governor of I*ensacola, he stated tliat the principlellbf self-defence urged him to occupy tliat foitress, and that he had not been })rompted to it '* from a m ish to ex- tend the territorial limits of the United States, or from any unfriendly feeling on the part of the American Rej)t!blic to the Spanish government.''*(/t) Further: *' Entering the territory of Spain to f5g]it her battles, to relieve from bondage her sub- jects, and to chastise an Indian tribe whom she acknowledged, under existing treaties, slie was bound to pi-esei've at peace with the United States, I bad every reason to exj)ect that tlie American army would have been received as friends, and e\ery facility afforded to ensui-e success to operations so interesting to both governments."(/) Although the President and his commanding Generals can- not declare wai', yet it is their duty to detern.iine who and Avbere their enemy is, and in self-defence to I'epel aggression. Their military operations were not directed against the go- vernment of Spain, but against her fortresses, which had be- come the strong holds of Negroes and Indians, and whose neu- trality was perverted to the basest purposes. They seized them as the asylums and depots of our enemies; because they had ceased to be neutral, and were Indian forts to all intents and purposes. The analogy attempted to be shewn by a majority of the Senate's committee(?}i) between the occvi])ation of those for- tresses and the capture of the Danish fleet, the disn.iember- ment of PolaJid, and the subjugation of Europe by Bona])arte, is extremely unfortunjite. In neither of those cases was the war just and defensive in its ch;iractcr, noi- were the acts al- luded to such as wei'e dictated by necessity, and without which the war could not be terminated; neither were tliey iji ])ursuit of a savage, defeated, and flying enemy. 'I'he Danish fleet was not in imminent dangei- of being seized by the enemy, aiid that government was in the undisturbed enjoyment of her (A) Pres. Mess. 2(1 Dec. 1818, p. 61, 62, 63. 0) I'res. Mlss. 2(1 Dec. 1818, p. 51, 57. (/. ) IIj. p. 97. (0 lb. p. 91, O: (»n) Mr. I.acock's Keport, p. 9. 6 42 I'ights and neutrality. The war against Poland was entirely wnprovoked. She was engaged in reforming her own consti- tution; was at peace with Austria, Russia, and Prussia; and tlie fall of Kosciusko will i)erpetuate tlie infamy of those three powers who were engaged in her dismemberment. As to Bo- naparte, it may be said that he admitted of no neutrals. His wars were those of an insatiable ambition; often waged with- out provocation, and having for their object, alone, the acqui- sition of dominion and poM er. * Upon tlie subject of the execution of the Indian chiefs, and the two foreign incendiaries, Arbuthnot and Ambrister, the facts and authorities appear to be equally clear and conclu- sive. One of the former was a prophet, *' the crucifix of whose religion is the tomahawk and scalping knife; the li- bations of whose worship is the blood of the white man." He lield a Brigadier Gener-aPs commission from Great Britain, and employed his superstitious influence, and the promises of his trans-atlantic friends, to instigate his deluded brethren to deeds of rapine and massacre! The other headed the par- ty Avho perpetrated the cold blooded butchery of Lt. Scott and his inifortunate companions!! Both had been active fomen- ters of the war, and were engaged in most of the murders committed on our frontier. These were the monsters who had been demanded to be surrendered by the treaty of Foi*t Jack- son, which was ratified by the Senate, and carried into effect by tlie Congress of the United States. The majority of the Senate's Committee say — " they were hung without trial and with little ceremony." (ri) The fact is, they were executed, as they ought to have been; as are all prisoners for similar of- fences, and agreeably to the laws and usages of nations. Jlmbiister acknowledged himself to be the agent of the infa- mous Woodbine, and subaltern of McGregor; and that he came to Tampa Bay to see the run-away negroes righted! He ^^Tote letters to Colonel Nichols and the Governor of New Providence, soliciting supplies and munitions of war, to enable those negroes to carry on their ferocious and de- solating hostilities against our frontier settlements! He offici- ated as a military chief in disciplining the negroes atSuwaney; supplied them with arms, ammunition, &c. and sent out de- tachments to oppose the American troops. In addition, he commanded a corps of negroes in person, with the object of anticipating the commanding General in the occupation of St. Marks. He was taken in arms against the forces of the (n) Mr.Lacock's Bep. p. 6. 43 United States; pleaded guilty to the cliai-.e;cs ullei^cd against him, and threw himself upon the merry of the court. («) Jirbuthnot was tlic successor of the incendiary Nichols, and confessed to Hamhly, and the Biitish Minister Mj-. IJagot, that he came to Florida to act as an agent for the inciians. — He stimulated them to oppose tlie treaty of Fort Jackson, and was authorized, hy a special power of attorney, a])pro^ - ed, in writing, by the commandant of St. Marks, to oiiiciate as the agent of the Indian tribes in Fh)rida; to put in w riting tlieir grievances against tiie American go\ernment; deliver talks and hold councils of war, in which lie presided as a cliief; and was active on one occasion, when a white man, supposed to be friendly to the United States, was decreed to be tortured!! He corresponded with the British Minister in the United States — with Col. Nichols — the Governor Gener-al of the Ha- vanna, — Governor Cameron of New Pi-ovidence, and the Governor of St. Augustine; in which he made false repre- sentations of outrages and trespasses committed on the In- dian territory by American citizens, and solicited supplies, and munitions of war, for the savages, in carrying on a war of extermination on our borders! He gave the Indians his ad- vice; distributed knives, arms, and ammunition, to the pi-incipal chiefs, as also a druvi to each of tlie hostile towns; and advised the Indians at Suwaney of the force and movements of the American army. The first outrages of the Semiiioles may be dated from the ari-ival of this Fiiebrand and the prophet Fran- cis amongst them from England! These facts clearly identify those outlaws with tiie Indian chiefs, and equally subject them to the laws of retaliation. If there is any distinction to be made between them, it must be decidedly in favor of the Indians. " The guilt is in the heart that plots, and not in the hand that executes." The in- dividual who disregards the mild customs of his nation, and the dictates of religion, so far as to instigate, aid, and abet the Negroes and Seminoles to the butchery of every age, sex, and condition, sins against light and knowledge, and is inli-! nitely more criminal than the ignorant and untutored savage. A well settled principle of national law proves tiie parties to have been associates, and subject to the same penalty. ** It is true, every associate of my enemy is my enemy. It is of little consequence, whether any one makes war on me directly and in his own name, or under the auspices ofanotherj (o) See Pres. Mes. 2d and 28th Dec, 1815, and whole of the docnments. 44 ^vhate^ cr rights \\ ar gives nie against my principal enemies, it gives me against all his associates.'* In order to explain what those rights are which we are justified in exercising on such an occasion, I beg leave to call the attention of the reader to two other extracts from tlie law of nations, which will place this branch of the subject beyond the reach of question: — •' Wlien at war with a nation which observes no rules and grants no quarters, they may be chastised in the persons of those of them who may be taken; they are of the number of tiie guilty, and, by this rigor, the attempt may be made of bringing them to a sense of the laws of humanity." (])) Again: — " We may refuse to spare the life of an enemy who has surrendered, A\hen the enemy has been guilty of some enormous breach of the laws of nations, and particular- ly -ivhenhe has violated the laws of war. {q) Arbuthnot and xVmbrister then deserved to suffer death, Avliet'icr they are placed upon a level with the outlawed Red- sticks, or the runa\N ay negroes, who were in an open state of I'ebeilion. They were instigating this savage and motley horde to wage an unjust and nnUnuful war with the United States, without any authority; and as peace existed between England and this nation, they are to be esteemed as more ci'iminal than murdeiers! Crhncs against the laws of war, for which prisoners may justly die, arc: — 1. Tdaking war without authority, the war being lawful. — 3. Making unlawful war; and, 3. Using means contrary to the laws of war. Upon these principles, the pri- soners were subject to be hanged, even had \var existed be- tween this country and England; inasmuch as the means em- ployed, as well as the war itself, were unjust and unlawful, and witliout authority. War can only be carried on by the authority of the sove- reign, (r) Those who commit hostilities and violence without a particular order, n)ay be hung up as robbers and banditti, (.s) and excluded fiom the rigiits of prisoners engaged in law- ful war. {t) Those who fight contrary to their duty, or with- out its being their duty, the laws of nations equally condemn. 'I'his rule was asserted by the English, during our revolu- tionary war, in tlie case of colonel Ethan Allen; and if that man may be justly and lawfully executed ^\\m attacks the soldiers of tiie enemy without autiiority, how much more does he merit death, whose country being at peace with ours, in- (/•) Vattel,520, 534. (Vere making irregular incursions upon our frontier; com- mitting murders and depredations of every description, and that amongst the sufferers were Mrs. Garrett and her cliildren. A party of hostile warriors had entered Fort Scott; three houses were consumed, and Periyman, the friendly cliief, who had been left to take care of the buildings, was grossly abus- ed, and plundered of every article of value. The lives of the settlers on the lands ceded by the treaty of Fort Jackson were threatened, and information was communicated through letters from Hambly and Doyle; {g) that the Indians, instiga- ted by Arbuthnot, were embodying on the Appalachicola, with hostile intentions against the frontier settlements. These facts induced the re-occupation of Fort Scott, to which place, the different chiefs of the Seminole towns were invited by General Gaines to listen to a friendly talk from the President of the United States. Tiiis invitation was rejected from a settled spirit of hostility, evinced by all the chiefs, amongst whom was that of Fowl Town. He represented Flint River as his territorial boundary, and tlireatened violence if the Americans attempted to ci'oss it; that he was commanded by the Great Spirit to defend that soil, and tliathe should do so at every hazard. The murderers who had been demand- ed to be surrendered by our government, he justified, on the score of retaliation, for the pretended murder of his I'ed bre- thren, for three of wliom no atonement had been made. On the arrival of t!»e first Brigade on Flint River, for the re-oc- cupation of Fort Scott, a second I'unner was despatched by General Gaines to invite the chief of Fowl Town to a friend- ly interview. Tliis was particularly desirable, as his war- riors had committed the principal depredations on our bor- ders; but the overture was promptly I'ejccted, and he stated,, ** that he had said all he liad to say to the Americans." (//) The talk which General Gaines sent to the Seminole towns from Fort Scott was ti-ansmitted, with his letter, to the Go- vernment, under date of 2d December, 1817. (?) In this talk, he tells the Indians that they had refused to surrender the murderers, and that the President had authorized the mili- tary to arrest them; {;j) that lie *' had long known we had ene- mies East of this [Flint] river,'* and that he likew ise knew we had friends; »* but they are so mixed together, we cannot always distinguish one from the other." He then advises the friendly Indians to make themselves known, and use their best (ff) Pres. Mess. 28lh Dec. 1818, p. 118. (h) Narratire, p. 12, 13, 14. (.?■) ^ct of Congress, 180C', ch, 1.). (/) Doc, 2d Dec. 1818, p. 7, 9. 62 effort;* to prevent outrages, by separating themselves from our enemies, agreeably to the orders and wishes of the President. In order to ascertain their disposition upon these subjects. General Gaines had repeatedly solicited a conference with the Chief of Fowl Town, which he obstinately refused, though he resided only 14 miles from Fort Scott, where the former was stationed. As the town of which lie was chief was situ- ated immediately in his neighborhood, it was important that the disposition of its warriors should be distinctly understood, and, if possible, be conciliated. After this refusal or evasion to confer, affording evidence of hostility. General Gaines ordered Maj. Twiggs, with a party of men, to go to the town, and, in the first place, to use the gentle means of persuasion, in order to induce him to a conference; but if tliat coui'se did not succeed, he was direct- ed to arrest and bring him forcibly to Fort Scott. His or- ders were not to fire on the town, unless they fired on him. — The fact was, the Indians Jired firsts and retreated to the woods. It is believed evidence of these facts, if search is made, can be found on file in the War Office, in the communi- cations of General Gaines to that Department. Under the circumstances which existed at the commence- ment of this war, neither the Executive nor General Gaines was censurable — particularly the latter, inasmuch as it is ad- mitted in the Report to the Senate, that he acted in conformi- ty with his orders. There was, both before, and at the time of Maj. Twiggs's visit to Fowl Town, sufficient evidence of the hostility of those Indians. In a letter of George Perry- man to Lt. Sands, dated 24th of February, 1817, it is stated, that there were seen at that place mamj horses^ hogs^ and cattlCf tohich were stolen from the State of Georgia, and that such outrages had been frequently repeated.(fe) About the £d of April, 1818, there was found in the public square of that town a red pole, barbarously decorated with the scalps of both sexes f which had been taken at different periods preceding.'.' (l) There was also discovered, amongst the articles belonging to the chief, a British uniform coat, with a pair of gold epau- lets, and a certificate signed by a British Captain of Marines, ** Robert White, in the absence of Col. Nichols," stating that the chief had always been a true and faithfnlfnend to the Bri- tish, (m) They were no doubt greatly disaffected at the time (k) Pres. Mess. 28th Dec. 1818, p. 118, 171. (Z) Pres. Mess. 28th Dec. 1818, p. 83. Also a statement by Hambly and Doyle, p. 108. t"0 Pres. Mess. 28th Dec. 1818, p. 174: 63 Major Twiggs made his visit to the town, hut were afraid to give any open indications of hostility. It was tliis fear tliat induced them to counterfeit appearances of friendship, thereby securing a convenient asyhnn, from whence to issue williout discovery, to satiate their ferocity with blood and plunder; after which, they would take flight to some remote town or fastness foi* shelter and security. The Indian agent informs iis,{n) that the chief of Fowl Town made a friendly talk in July; that he was advised of it on tlie last of August, and intended to send for this and two other chiefs; who must have been suspected, in consequence of theii' not having attended the desired conference of the agent at Fort Hawkins. Before he could have an opportunity of seeing the chiefs, Maj. Twiggs, he states, made his visit to the towTi; and this affair, he says, " was, I conceive, the imme- diate cause of the Seminole war." (o) It is here worthy of remark, that the iieport to the Senate, as well as the docu- ments annexed, are barren of dates, and therefore the precise time at which the affair at Fowl Town transpired cannot be ceitainly ascei'tained; but, from the letter of the Secretary of War, {p) acknowledging the receipt of information relative to that transaction, it must have been about the 20th of No\ em- ber, 1817. The Honorable Secretary, whilst he regrets the necessity of the effusion of blood, hopes, " that prompt mea- sures, and the display of such an efficient force in that quar- ter, w ill induce the Indians to abstain fiom fui-ther depreda- tions, and to sue for peace." But to return to Mr. Mitchell's conception of the cause of the Seminole w ar. It is believed that a much more connect view was taken of this subject whilst Governor of Georgia, particularly, when speaking of a British agent, in his letter of the 5th February, {q) before the visit to Fowl Town had been made, and in which he informs us, that the Indians had mortally wounded one of our dti%ens! Before dismissing that part of the report to the Senate, relative to the conduct of the Executive and his oflicers in the commencement of the war, and tlie affair of Fowl Town, it is proper to remark upon the phraseology adopted by a ma- jority of the committee, in describing the second excursion of our troops to the to^vn abovementioned, under the command of Captain M'Intosh. The language used in the report is as follows: — '* A second visit to the same village, as he (ji) Mr Lacock's Report, to S. U. S. p. 35. (o) lb. p. 35. (/)) 9th December, 1817, Pres. Mess. 2d Dec, 1818, p. 36. (<}) Mr. Lacock's Report to S. U. S. p. 32. 64 states,'* (meaning M'lntosh,) "' for the purpose of obtaining property." {r) From the character of the phraseology liere employed it might be understood by some that the detachment under cap- tain M'Intosh was a lawless, predatory, and plundering par- ty. General Gaines was in command on that occasion, and I know him to be too cori-ect and honorable a man to set on foot an expedition merely for the sake of plunder. Nor does the witness. Captain M'Intosh, say so. His expressions are: — " corn, cattle, and other provisions, I have no hesitancy in saying, was the object of this visit." (s) It has already been I'emarked, that this town had acted with hostility towards the United States, by well grounded imputations of murdei's; by refusing a conference, or coming to any kind of explanation, and by actually firing on our troops when on a visit to that place! On the second visit, as it is termed, they were known to be inimical; and as our troops at Fort Scott were in want of provisions for subsistence, it surely will not be denied that we had a right to take them from our enemies. It is insinuated in the 1st and 2d pages of the Report to the Senate, that censure attaches somew here for the withdrawal of the regular forces fiom the posts on the Georgia frontier, and concentrating them at Fort Montgomery, on the Alabama river, a considerable distance west of the Georgia line. The majority of the committee are to be iufoi*med that this was done conformably to instructions from the Secretary of War, (/) given under expectations of troubles from another quarter. If any blame can attach on this ground, it is attribu- table to the TV ar Department, and not to the commanding General, who, in making that disposition of his troops, was gOA'erned by the orders of his superiors. The orders issued to the commanding general from the War Depai'tment were entirely discretionary. They dii'ected him to take the necessary measures to terminate the war, speedily and successfully, with exemplary punishment for unprovoked hostilities, and to establish a peace on conditions that would be honorable and permanent, and such as were required by the honor and interest of the country.(tt) They gave an estimate of the strength of the enemy, upon the conjecture of genei-al Gaines, and authoiized general Jackson to call on the govern- ors of the adjacent states for such additional military force as he might deem necessary to beat the enemy,{v) (r) lb. p. 2. (s) lb, p. 30. (0 Letters from Secretary of War, Sept. 22d, and October 2d, 1816. Ap- pendix, No. 31, 32. (m) Appendix, No. 1, 2, 3, If, 18, (v) Appendix, No. 1 and 4, 65 The order of the Secretary of War, calling general Jackson to the command of the Southern Division, was received hv him at Nashville, on the 11th of January, 1818;(w) wlien lie ap- pealed to the patriotism of the militia who had sei-ved with him in former campaigns, requesting them to take up ai-njs in defence of their country.(a*) At that moment the regular force, under the command of major Muhlenhurgh, which liad attem])ted to ascend the Appalachicola river, immediately after the hutchery of lieutenant Scott and party, was in imminent danger of be- ing destroyed by the ovei'whelming number of the enemy by which it was surrounded. (7/) No time was theivfore to be lost in affoi'ding the desired relief. Oti the very same day on wldch the order arrived^ general Jackson accordingly wrote in haste to the governor of Tennessee,(x) informing him of the appeal he had made to his old comrades in arms, requesting them to follow him immctliately into the field;(fl) which measure I'e- ceivcd the governor's hearty approval and co-operation. (6) At this time the governor was at ICnoocville, at least two /i/t?i- dred miles frmn Jsi\ishvUle,{c) althnui^h he is stsited in the Re- port to the Senate, page 2d, to have been at the place last mentioned. It is tlie manner, however, in which those troops w ere rais- ed, and the officers appointed, tliat forms the most promi- nent subject for censure hy a majority of the Senate's com- mittee; and, in their animadversions, they accuse general Gaines of having acced "without orders," and genei'al Jack- son "in disregaj'^ of positive orders, the constitution and la\vs."() Appendix, No. 5. (y) Appendix, No. 6. (?•) lb. 4, 7. 69 In this appeal, or circular, to the officers who had sen^d with him in the late war. General Jackson tells tliein, that ** the grade of the officers to he determined by thnnselves, or the j)tatoon officers of the regiment^ and the officers raising companies, to cmnmand them.^\s) These brave men met at Nashville on the 19th, pursuant to the invitation, when Ge- neral Jackson was present, and was requested to appoint the officei's. He promptly refused, and re])lied — •* agree among yourselves as to your officers.''^ He stated, that he would ap- point Col. A. P. Haj lie to lead them on to B'ort Scott, v. here he would himself take the command. The otricers compos- ing the meeting then agreed that Col. R. H. Dyer siiould command tlie first, and Colonel T. Williamson the second re- giment. It was also proposed, by the meeting, " that the men should be officered as organized in 1814, when they marched to Mobile, Pensacola, ar.d New Orleans." The other field officers were then agreed o)i by the meeting, and re- ported to General Jackson. He stated to them tlie number of oilicers on the peace establislnnent, '• and how the regiments were officered under that law." It was replied by the meet- ing, " that, by experience," they '* had found that horsemen required more othcers than footmen, on account of horsemen covering a much larger space." The answer of Gen. Jackson on this occasion, was, '• organize yourselves in a way that you may think proper; it will rest with the Government, (t) Tliis information is detailed in the certificate of Colonels Dyer and AVilliamson, two gentlemen of high standing in society , for bravery and patriotism, and who had served i>i that rank dur- ing the Creek war, at Mobile, Pensacola, and New Orleans. Colonel Hayne, Inspector Genei-al of tlie Southern Division of the regular army, was appointed by General Jackson to in- spect, muster, and lead those ti'oops from Fayette\ ille, the place of rendezvous, to Fort Scott, without aiiy specific di- rections.(it) Colonels Dyer and Williamson, after being ap- pointed by the meeting of officers, were addressed by General Jackson on the same day,(tj) when he directed them to march theiv " Volunteer Regiment of Mounted Chinmen{w) to Fay- ettCAille; to be there on the 31st instant, completely ai'ined and equippevl, to march for Fort Scott, in Georgia, for a six months' tour." General Jackson's health ^^as at this time greatly im- paired, and he was only aftbi-ded a few «lays to ai-range his affairs for the campaign. From this moment, he had nothing (s) Appendix, No. 6. (t) Appendix, No. 23. (m) lb. No. 10. (v) lb. No. 37. (w) lb. No. 36. TO further to say or do, in relation to the Volunteers, until he took the command of them in Florida. Colonel Hayne met^ them, ag'reeahly to oi-der, at Fayetteville, the place of ren- dezvous, where they appointed their suhaltern officers, and from whence lie led them to the seat of war. All his commu- nications on this subject, to General Jackson, the Secretary of War, the Adjutant and Inspector General, and from those offi- cers to him, are to be found in the Appendix, in numbers, from 10 to 16, inclusive.(it-') The organization of the Volunteers at Fayetteville was conducted in the same manner as they repeatedly had been, during the last Creek and British war, aiul upon which they again insisted. With General Jackson, or the Inspector General ot the Soutliern Division, thei-e was then no choice or alternative. They were to be received, officered, and or- ganized, upon those pi'inciples to which they were accustom- ed, or tbe Government might not have been enabled to se- cuie their services at all. As Colonel Hayne, however, re- marks, there was gi'eat propriety in this organization, as horsemen, like cavalry, must have a greater number of officers to command them. Thus it appears, that the meeting at Nashville appointed the Jield officers of the two regiments, which was aftei-wai'ds acquiesced in ajid confirmed at the rendezvous at Fayette- ville; that Colonel Hayne, and not General Jackson, superin- tended the organization of the captains, subalterns, &c. and that in no part of the transaction did General Jackson or Co- lone! Hayne appoint a single officer, as stated by a majority of the Senate's committee, when they assert, '* officers were appointed to command this corps by Ihe General himself, or by other persons acting under his authority. "(t/) On tlie day after the meeting of the Volunteer officers at Nashville, General Jackson WTites to the Secretary of War; which, together with his letters of the 12th and 13th of the same month, furnished minute information as to the manner in which this corps was ]'aised.(ci) In his answers to these communications, the Secretary of War approved of the coui'se which liad been pursued;(a) in one of which he observes — *' I have tlje honor to acknow ledge the receipt of your letter of the 20th ult. and to acquaint you with the entii*e approbation of the Pi'esident of all the measures which you have adopted to terminate the rupture w ith the Indians." (x) Appendix, No. 10, 11, 12, 13, 14, 15, 16, (t/) Mr. Lacock's Report, S. U. S. p. 3. (z) Appendix, Nos. 4, 7, §. (fl) Appendix, No. 17, 18. 71 After Colonel Hayne bad superintended tlie organization of tlie Voiuntecrs at Fayetteville, and before tliey bad taken up tbe line of marcb, be writes a letter to tbe Secretary of War,(6) in wbicb be observes, tbat ** tbe Major General bad autborised tbe liebl officers to raise two regiments; and tbey brougbt to camp forty captains, of wbicb I could only receive twenty into service. To merge tbe lesser fractions into tbe greater, and tbus to amalgamate tbem into single companies, to cut down captains, to leave out subalterns, and yet to satisfy and secure to us all tbe men, bas been a very diffi- cult task indeed. To effiict tbese objects, I bave been obliged, in a number of cases, to give an additional Lieutenant and Cornet to tbe companies. Tbe Major General, in tbe first instance, agreed tbat eacb regiment sbould bave an axlditional Lieutenant Colonel and Major.(c) In fact, I bave been compelled to give tbat organization tbat was formerly bad in the Creek war. I would barely remark, tbat, on strict mili- tary pnnciples, mounted gunmen ougbt to bave an additional number of officers. It is certainly more difficult to command 64 mounted gunmen tban 120 foot soldiers. I bave served in botb capacities, and bave found it so. In foreign service, too, it is usual to give cavalry an additional number of offi- cers. In order to reconcile jarring interests; to barmonize the conflicting elements of local partialities, and narrow- minded views, and not to lose sight of tlie great object of tbe campaign, there was left but one way to act. / do not hesi- tate to say, that one man of our present command is intnnsically worth more to the government than ten drafted militia.** Four days after this infoi'mation was comniMnicated to tbe Secretary of War, Colonel Hayne transmitted to Getieral Parker, the Adjutant and Inspector General, at the City of Washington, tbe muster-rolls of tbese volunteers, ((l by siicli of its members as had the management and coUection of the testimony. It appears, from the report,(A-) that Mr. Mitchell, the Indian agent, swore to his deposition on the 23d of February, the day before Mr. Lacock presented the Report, witli the accompany- ing documents, to the Senate. In page 34 of the Report, Mr. Mitchell observes that he was summoned before the committee to give evidence, and, after a verbal examination, certain ques- tions were propounded to him, which he quotes verbatim, and that he was required to answer them in writing. The fair pre- sumption is that the witness liad his own time, upon retii'ement, to respond to these interrogatories. To Mr. Lacock's Report there are six papers annexed, pur- porting to be the depositions of Mr. Mitchell, Indian agertt; John H. Eaton, a member of the Senate, and of the commit- tee; Richard K. Call, an aid of general Jackson; Doctor Bronaugh, assistant surgeon general and physician to the staff; colonel George Gibson, commissary general, and colonel Robert Butler, adjutant general of the Southern Division. The manner of taking and publishing what are called in the Report the depositions of the four last mentioned persons, de- serves the particular consideration of t!ie American people. Doctor Bronaugh's deposition is signed but not sworn to; colonel Butler's, colonel Gibson's, and captain Call's, are neither sworn to nor even signed ! The only two that can be denominated depositions by any one, are those of Mitchell and Eaton, to whom regular interrogatories were proposed,(i) de- liberately answered, and their signatures affixed in legal form. Jn these two depositions we perceive method, time, and deliber- ation to respond to them. In the other form, the very reverse of this procedure was adoptcd;(7») for these gentlemen, whose characters are beyond suspicion for honor and ijitegrity, de- clare on oath that they were questioned by the committee, {ver- bally as tlie wi'iter understands,) that t!ie answers were taken down by a member of that body, tlie contents frequently eras- ed or interlined, and that all four of them receiA ed a promise from him that they should be copied and again submitted to thetn for correction and signature. They also affirm that this promise was never complied with; and captain Call says he (k) Mr. Lacock's Report, S. U, S. p. 38. l() Com. Dig. Tit. Parliainent.L. 25. Witnesses are to be examined upon written mterrof^atories before committees. (h») Appendix, No 26, 29, 30, 38. 10 74 called on tlie di airman, Mr. Lacock, for that purpose, who told him it sliould be done if the deposition were used; "that he remained five or six days in the city afterwards, during which time lie heard nothing* more from the chairman or his deposi- tion, neither did he know tliat liis statement had been applied to a'lv iTirpose until his return fi-om Philadelphia to Balti- more."(H) Tiie fact is, that the statements thus taken down in the hand writing of a member of tlie committee, upon verbal questions being proposed, have been published to the world as authentic documents ! ! No interrogatories were exhibited as in the taking of MitchelPs and Eaton's testimony, which afforded the witnesses time to refresh tbeir memories, and to collect and arrange their thoughts, as to facts, dates, and circumstances. Colonel Gibson, from his advanced age, was afforded an op- portunity of exhibiting a character as fair, high, and honora- ble, as any individual of his rank in any army. The other three witnesses were young gentlemen who belong to the staff of general Jackson. Surely the member of the committee ha\ ing the management of taking the depositions of these of- ficers could not for a moment have harbored the most distant suspicion of perjury. Their standing and reputation as men of honor in the ai-my forbid such an idea; and even were not this the case, the Executive and general Jackson had been re- cently acquitted of every charge of consequence, by a very large majority in the House of Representatives, and no oppo- sition was anticipated from the Senate, at that late period. There was therefoie no inducement to swerve from the truth, of wliich it is believed they were as incapable as any individu- als in the nation. >Vliy then, let me ask, were not interrogatories proposed, and time given to these ofticers to answer, as in the case of the other two witnesses? As their statements had not been ta- ken in this way, which was certainly the regular course, they should at least have been afforded time to examine them re- spectively, after being copied and corrected in the liand wri- ting of the witnesses, ami signed by themselves. Without adopting such a rule as this, the most upright man living would be subject to gross mistakes, and would commit errors; as did Col. Butler in relation to officering the volunteers, and the Governor of Tennessee being at Nashville instead of Knox- Tille. Until depositions are examined, corrected, and signed by the witnesses, they cannot be considered as evidence, befor« (n Appendix, No. 26, 29, 30, 38, iD any tribiinal.(o) Why those papers should be placexl amont^st the (locuincnts as any kind of" testimony, in their j)reseiit im- perfect state, seems almost nnaccountahle; and in vain has tiie author of these remarks "sou^^ht for an excuse'' for tlie member or members of the Committee who superintended the taking" of them, some of whom it is believed were lawyers! In no point of view* can these ])apers be received as evi- dence, or entitled to credence. A statement on oat)i is a matter of solemn concern to the rejuitation of the ])ci-son ma- king it, as well as all other individuals whose interests are involved. A full and fair ojiportunity should therefore be given to a w itness whose deposition is tiiken in writing; to consider the expressions; the meaniiig of every sentence; and, moreover, that, by such an examination, he may have time to correct, and make a full and complete exposition of facts, which he is obliged to do by the obligation of his oath. In the impartial administration of justice in all judicial tribu- nals, this is always the case, and, on such occasions, the ig- norant and uninformed are even cautioned, and invited to the adoption of this course. It seems difficult to conceive how the illegality of the state- ments of Butler, Gibson, Bronaugh, and Call, could have es- caped the notice of a majority of the Connnittee; an'} yet such appears to have been the fiict. It is still more di/Hcult to un- derstand how a majority of that body could t^iink of found- ing a i-eport of an important fact to the Senate, upon the statement of Colonel Butler, or any ot\m- man, before he had examined, corrected, and signed tha* statement. Had this been allowed, reflection and' correction must have produced tlieir desired effects, and a part of Colonel Butlei-'s deposition would have been amended, agreeably to notorious facts in Ten- nessee, viz: thattlie Ge^ernor was at Knoxville, and tiuit General Jackson dirJ not appoint a single officer of the volun- teer corps engagW in the Seminole w ar.(7>) In relatioii «> encpiiries into the official conduct of military officers, hy either branch of tiie National Legislature, it is surely of the highest concern to the liberty of tlie citizen, that some just, regular, and equitable mode of procedure should (o) In Hinde's Prac. Eq. p. 323, and 1 Pierre Williams, 414, it is laid down as law, that, "after the witness is fidlyexamined.tlie depositions are read over to I'.im, and the witness is at liberty to amend or alter any thin,<, after which he sig'ns them, and then, and not before, the examinaiiou is complete and good evidence," And as^ain, " where a witness dies after exaininatioii, but before such examuiation IS signed by him, the deposition cannot be made use of." (/)) Appendix, No. 10, 11, 12, 13, U, 15, 16, 23, 24, 25, 26. 76 be adopted, and adhered to upon all occasions. Upon an en- quiry by the House of Representatives of the United States into the failure of General St. Clair, in the campaign of 1791, this officer, together with General Knox, the Secretary of AVar, were both allowed seats in that body, and were permit- ted to summon and examine witnesses.(9) In this case, the Secretary of War was implicated in the censure, and he was therefore allowed, with the commanding General, to be pre- sent on the occasion. The result of the enquiry w as, that the censure fell upon the Secretary of War. In the case of General Wilkinson, there were several com- mittees, who proceeded by different rules, as their wliim, ca- price or judgment might suggest; but tliat of which Mr. Ba- con was chairman, in December, 1810, adopted a practice con- fo aab'y to judicial enquiries in analogous cases.(?*) General Wilkinson had notice to attend the sitting of the committee, in order to confront and cross-examine the w itnesses. It is said that General Jackson communicated to the com- mittee of the Senate his willingness to attend their sittings, for the purpose of furnisliing any document in his possession, or any explanations which might be desired. The practice had been adopted in the cases of St. Clair, Wilkinson, &c. andwh)^, let me ask, was it departed from in the case now before us? [s) It would ha^ e been mucli more consistent witU tli,c principlesQf natural justice, and the genius of our govern- ment, than an t>x parte investigation, deeply aifecting the reputation of a citizen and meritorious officer, and involving, in many cases, even lift itself. In this process, there is no op- portunity given for confronting the w itnesses face to face; to c: OS examine, or produce testimony to exculpate or justify the party accused. I w ould desire to be informed, wheve is the kindly feature of freedom in all this manner of proceeding, which can dis- tinguish it from the despotic coui'se that prevailed in the Star Chamber of England, during the most oppressive periods of its history, or a Spanish Juto da Fe, except that of bodily torture, which is inflicted by the latter? Inspired by a love of that liberty which the constitution and laws, either general or local, render sacred, I, for one, most solemnly protest against an ex parte procedure in the Senatorial branch of the government, having judicial powers, and involving an opin- es) 2d Wilkinson's Memoirs, p. 18. (r) Wilkinson's Memoirs, p. 23. and Appendix, CXXX. («) 5 Com. Dig. Tit. Parliament, E. 14. 77 ion or charge of the commission of crimes or misdemeanors. If permitted, it must, in time, inevitably lead to tlie most dii'eful oppression of the best officers and citizens of our coun- try! {t) This branch of the government has legislative powers, it is true; but it is equally certain that they have judicial au- thority, and may be called on to exei'cise it, either in acquit- ting, condemning, or punishing, for the very same offences which had been submitted to their enquiry, and which they had previously prejudged! The American people are yet in their youth; and it is evi- dent we have no settled usage, forming the law and custom of Congress, as in the English Parliament, (n) relati\ e to legislative enquiries of this description. Under such circum- stances, it is essentially necessary, that a nation of freemen should see that such modes of proceeding are established in their various tribunals, in i-egard to accusations, as will se- cure the just and natural rights of the citizen. Until some rule shall be settled by usage, the committees of enquiry in our legislative bodies will have no guide or land marks, and the liberty of every individual must be eminently endangered. The report of a majority of the committee was not merely a statement of facts; and even had that been the case, it w as necessary to examine, w ith care, all the evidence that could be adduced, as well on the negative, as affirmative side of each proposition, so as to arrive at the ti'utli, with all possi- ble certainty. Had this mode been adopted, a member of the committee w ould have been spared the regret w Inch he ex- perienced, when told of the misstatement of facts contained in the report, (r) *' A depai'ture from these forms is calculated to inflict a wound on the national character, and tarnish'' the fame of those w ho drafted the report, and superintended the collection of the testimony. The majority of the committee say that " they would feel themselves wanting in their duty to the Senate, and the nation, if they did not express their decided disappi'obation of the conduct of the commanding generals, i)i the steps they took to raise and organize the force employed on this occa- sion. There was no law in existence that authorized even the President of the United States to i-aise or accept tlie ser- vices of volunteers." {w) In this proposition, the majority of the committee appear to have assumed it as a fact, that there never was any other (t) 5 Com. Dig. Tit. ParliameHt, L. 8. (ii) 5 Com. Dig. Tit. Parliament. {v) Appendix, No. 28. (xf) Mr. Lacock's report, S. U. S. p. 3. 78 mode by wliich the General Government could avail itself of the services of volunteers, but by the act of Congress, which expired in the year 1815. Nothing can be farther from the truth of the case, as a short enquiry will demonstrate. The State of Tennessee has laws of its own, providing for the employment of volunteei* militia; and it is presumed every state in the Union has legal provisions of a similar character. This arrangement results from the nature of man in civil society: for, so long as volunteers can be procured from the militia force of the country, it is contrary to tlie older of nature, as well as the feelings and wishes of the community, that the country should be piotected by the compulsive me- thod of drafting. Of what consequence is it to the United States, how tlie militia force, requiied from a state, is officeied and bi'ought mto the field? As to the appointment of the offi- cers, it is distinctly undei'stood to be a power reserved to the states, and is a matter entirely between the government of a state, and its own citizens. It is not a subject of concern to the general government; and tbey never will interfere in such cases, unless theie is a delinquency, or refusal to comply with the requisition. If volunteers can be raised, tliey are greatly to be prefer- red; because they are the most efficient troops, and most speed- ily brought into service. It is sufficient, however, if the quota demanded is forthcoming, agieeably to the requisition of the government. The United States lequire nothing more, and leave the mode of officering, and sending them into the field, to the State Sovereignties and Laws, in conformity w ith the constitution of the United States. If improper steps are adopted, Tennessee, as well as every other state in the Union, is competent to affi)rd redress for injuries growing out of the violation of her own constitution and laws. It is her peculiar province and duty to do so; and she, no doubt, pos- sesses a sufficient degree of intelligence and independence for the purpose, without the intei'position of the General Govern- ment. The President, through his agent. General Jackson, called on the state of Tennessee for 1000 men, with which to prose- cute the Seminole war. The case was urgent. Delay was pregnant with defeat and disaster. The Governor was 200 miles from Nashville when the orders arrived. The General immediately beat up for volunteer militia; and instajitly wrote to the Governor for his approbation, whicli, in a few^ rol)ahIe, aj)pointed his own officers. It is certain, however, that his whole i)ro- ceedings were without authority, and that he was greatly aj)- plauded. So far as General Jackson operated, lie was invest- ed with ample powers, and yet, strange to tell, lie has been severely censured ! It is, however, said, that this horde of savages, negroes, &c. were too inconsidei-ahle i)i number to justify i-aising the force which was sent against them. Genei-al Gaines estimat- ed the force of the enemy at 2.80U,(/) and Arbutlniot, in a memorandum on the back of Iiis letter to Mr. Bagot,(^) stat- ed the number to be 3,500; a calculation by no means extrav- (/1 Mr. Lacock's Report, p. 2. (^) Pres. Mess. 28lh Dec. 1S18, p. 11'^ 11 82 a.^^ant, when we recollect tliat from 800 to 1200 were concen- trated at one point, when Lieut. Scott w as attacked, on the SOth November, 1817, and that they were daily incrcasin2;.(/t) From the character of the Indians, we know that their whole force was not embodied at that place: and it is certainly one of the most estimable principles in military science, that we should not undei-rate the strength of our enemy, and always to avoid a conflict, unless success is secured by superiority of numbers. Miserable, indeed, would be the policy of any government tliat should not order a suflicient number of men into the field to ensure a victory over their enemies, especial- ly in a war with savages, wlio have no fear from superiority of munbers, unless they are made to feel the force of them.(i) Upon this basis did the Executive and his commanding' Generals proceed. The estimate was made upon strong gi'ounds of probability. No complaint had been made in the House of Representatives, oi* tlie nation, upon this subject, nor had the contrary been asserted, until the w ar was terminated; and then only upon the most vague conjecture, which has not the same probability for its suppoi't, as that upon which the opposing force of the United States was predicated. The fact was, tlie decisive and rapid movement of our overwhelm- ing numbers, had the effect of distracting and dis})ersing the enemy, so that they betook themselves to the woods and swamps, and never had an opportunity of exhibiting their w hole force by concentration. The consequence was, that the war was speedily and effectually terminated, and much blood and treasure saved to the nation. In the 9th page of Mr. Lacock's report, we find the fol- lowing remarks: — •• Spain, before she could become, or made a })arty to this w ar, must have merged her neuti-al character in tliat of the enemy, and clearly identified herself with the Seminole Indians, and, by acts of open and nndisguised hosti- lilif to General Jackson, have opposed him by pkysical, not moral, force." As a sovereign power, Spain never considered herself a party to this war; nor was it so intended by the Government of the United States. It was commenced in self-defence against the negroes and Indians, upon the broad principles of the law of nature and of nations. Altliough the Spanish autho- rities in Florida were identified w ith our enemies, the sove- reignty of Spain was believed to be altogether ideal. In consequence of the acknowledgment of her commandants, {h) Pres. Mess. 28th Dec. 1818, p. 14. Letter from Colonel ArbucUe to G.euei'al Gaines. (/) lb, p. 12, 83 that they were unable y ** open and undisgnised acts of hostilitif^ against us, by aid- ing, abettijig, and encouraging our savage enemies in their bar- barous hostilities ujion our frontiers. When our army was in the field, it was tlien too late to I'etlre from the country'., \vhere, alone, we met witli the pi'incipal resistance, atul retuin home without doing any thing effectual, and suffer the In- dians and negroes to scalp and tomahawk our citizens, until we could hear from the couit of Madi-id. We had already, too often, received empty messages from Spain, relative to the numerous spoliations committed on our commerce, ike. Besides, Gen. Jackson's orders prescribed a different course. At one decisive blow, he pi'ostrated both the enemies of Spain and the United States; and, instead of being a subject of com- plaint, he richly merits the thanks and gratitude of both na- tions. The report of Mr. Lacock admits that Spain was guilty of violations wbich were good causes of war, and yet denies that her neutral character was merged in, and identified w ith, that (fr ) Sec GeneralJacksnn's communications witli the commandants of St> Marks and Pensacola, and liis order to occiip)' St Aucjusline. {l) See the Spanish Minister's letter to the Secreturv of State, 5th Aug- ust, 1817. (7n) In the President's Message, 28th Dec. 1818, from page 48 to 74, may be seen how greatly the United States suffered, not only from the aid and assistance given tlie Indians hy tlie Spanisli commandants in Florida, biil' from foreign agents and negroes; and this, too, in many cases, subsequent, to the treaty of Fort Jackson. It may also be discovered how earnestly and ])atiently we remonstrated with the Spanish autiiorities, as well as with tl>« .British government, who disavowed the acts of Col. Nichols. 84 oi' the enemy. This is almost as unintciligihle as the distinc- tion attcip.pted to be di'awii between plujsual and moral force. Had the acts of Spain been entirely insulated and unconnected^ V, ith Indian hostilities, a declaration of wai' in form would have been the proper course, upon the S])anish goverinnent failii^o; to make us reparation, and provided those acts did not tonstitate invasion; which the Executive is bound to repel, by the constitution. But, as the parties were *' associates, and could not be separated in the transaction, inasmuch as the war was lcg(d in its commencement, all the incidental measui'es necessary to its termination followed of course, as entirely proper and justifiable, it was to have been expected, that the luminous exposition of this subject, not only in the House of Representatives, but in the conclusive reasoning- of our first IVJinister of State^(») had not left a loop upon which to hang" a doubt. The majority of the^enate's committee say — " the w eak- ness of the Spanisii airaiorities is urged in justification of this outrage upon our constitution. "(o) I flatter myself it has been already demonstrated, in the preceding pages, that tlie constitution w as not violated. Nor has it in any instance been asserted by the Executive, through his Secretaries of State, of War, 01' by his commanding Generals, that the mere weak- ness of Spain was a justification of our operations in Florida, as stated by a majority of the committee. But weakness in a neighboring power is no leason why the United States should compromit or abandon her right of self-defence. Indeed, the law of nations authorises ns to adopt every necessary measure to prevent our enemies from taking advantage of that weak- ness in time of war. It even justifies our anticipating them, without a breach of neutrality, or declaration of war. *• The duty of this government," says the Secretary of State, ** to protect the persons and pioperty of our lellow citizens on the borders of the United States, , is imperative^ it must be dis- cliarged." As we were not at war with Spain, nor intended to place ourselves in that attitude,(p) the innntelligible and new fan- gled distinction attempted to be drawn between physical and moral foi-ce must fall to the gi'ound with the major part of the propositio)!. It is to be found i)i no treatise on national law, and has no reason for its foiuidation. (u) Letters 23dJu]y and 28th Nov 1817, printed documents. (o) Mr. Lacock's Keport, S U S. p. 9 (/>) Doc. Pres. Mess. 28ih Dec lai8,p. 55, 72, 76, 84. 85 The next subject which has called fortli the censure of a ma- jority of the committee is the order of General Jackson to Ge- neral Gaines to take possession of St. Augustine. It iscon-* taincd in his letter of the 7th of August, 1818.(ad disappeared before our victorious and pursuing army, they would have followed closely upon its heels ^^hilst i*etiring from their country, plimdeiiug and murdering our citizens by the time it could possibly have crossed the line. It was not in the nature, character, nor intelligence of Ge- neral Jackson, to suftcr such a state of tilings to exist, under the orders lie had received, bottomed, as they were, on the interest, honor, humanity, and justice of the American govern- ment. That distinguished olticer never peiforms his duty by halves; nor do iiis military operations c\ aporatc in parade, Aug-iistine ten pack horse londa of ammiinitiun, and that it was distributed among' tht^m" — and that " ike Spaniards rcconnmcnded to the enemy vnited and 'vigoro'tis opei-titions asraiust ns." See also General (iaines's letter to Governor Copping-er, in which lie states—"! have received intV)rniatioii that Aug-uslus SaiUee, a Sergeant of the United States' arlillcrv, m ho had obtain- ed from his comniandip.g- oflicer a temporary leave of absence, was a few days aince ^ved 07if arrested, and imprisoned, by a parly of armed men at St. John's, headed by a person absu'iiing tiie rank and character of a SpHnisli officer. "It is likewise reported, that two citizens of the United States were, by the same party.^n-ti on, -ivonndcd, and imprisoned; and that tiie perpetrators of this outrage, witli a view to shelter their conduct under the veil of Span- ish authority, took the serg'eant and citizens jjy force, towards St. .^vgvstitu; whitiier it was understood they were to be carried, under a pretext, tlut they would there be arraigned and tried as ollcndcrs." (w) 3Ir, Lacock's lleport, S. U. S, p. 25. 88 when he is expected by his government to accomplish an ob- ject. Some persons there probably are, who, in the estimate of this General's character, associate ideas of rashness and immoderation. In no instance, however, of his long public career, have his official transactions evinced such a dis])osi- tion. He attentively views an object on every side, as well as the accessible means necessary to its effectuation. Though bold and daring in his plans, he has seldom failed in the ade- quacy of the means v, hich were provided for their accomplish- ment. In doing so, it must be admitted by all that great re- liance was placed in the superior intelligence of his ov/n mind, as well as the resources and energies of his character. Seeing his object with distinctness, the means are as promptly weigh- ed and considered, and he then presses forward to its attain- ment, ins{)ii*ing all around him with an ardor, cheerfulness, and disregard of danger and of death, rarely to be ecpialled in any age or any country. Siicb seems to be an imperfect outline of the character of this personage, who has obtained so much celebrity in the mi- litary histoi'Y of our country. When the government gave orders to such an officer to terminate the war, so as to secure an Jhonorahle and permanent peace, it could not have been ex- pected that he would leave St. Augustine in the possession of the Spaniards, upon ascertaining the facts tliat it was an asy- lum for our enemies, where they I'eceived aid and comfort, provisions, and munitions of war, and where they were encour- aged '* to a milted and vigorous exertion in their operations'' agaiust the citizens of the United States ! It will be readily observed that the order directed to Gene- ral Gaines to occu])y this forti*ess, was entirely conditional and prospective. Before the order was issued, it was ren- dered highly probable that our flying and savage enemies were embodying at that place, and were aided, abetted, and encouraged by the commandant. There was a very strong presumption that this, like the other Spanish posts, had be- come an Indian depot, covered by the Spanish flag, to which the savages I'cti'eatcd for shelter and protection, after being* driven, alternately, from the Negro Fort, St. Marks, and Pen- sacola. Had these facts been identified, as directed, there would have existed the same incontrovertible reasons for tak- ing possession of St. Augustine as the two last mentioned foi'- tresses. The orders to the commanding General remained the same,(x) no change having taken place, or counter order directed to him, by the government. Besides, he transmitted (x) Appendix, No. 1, 2, 3, 17, 18.. 89 to file Secretary of War regular accoinits(|/) of lils proceed- inj^s in Floiida, with the reasons and motives by which they were dictated and justified, from the 25th of March to the 7th of Aus>'ust, when his order to General Gaines Mas issued, and that, too, without a sentence of dissatisfaction ever liav- ing been expressed by the g'ovei'iiment. It Avas not until the 14th of August, that orders were issued to Generals Jackson and Gaines to restore Pensacola abso- lutely, and St. Marks conditionally. Fort Gadsden, situated within the limits of tlie Spanish territory, w as to be retained by the American ti'oops. Goicral Jackson may be presumed to have received this order about the fiist of September. It was the first intimation which reached liini relative to the deci- sion of the Cabinet, and which rendered it absolutely neces- sary that he should forbear tlie prosecution of any fui'ther de- fensive measures against the Spanish posts. This change in the military operations of the government proceeded, in all probability, from policy, or prudential con- siderations; not that General Jackson, in the exercise of the discretion vested in him, had violated any law, either consti- tutional, national, or municipal. A negociation witli Spain was, at that time, on foot; and it is probable that the Presi- dent deemed it proper to remove all doubt, and cora ince the government of Spain that our measures w ere entirely defensive and pacific, by ordering a restoration of two out of the three fortresses which were then in our possession. As a military officer. General Jackson had nothing to do with the policy of the Cabinet. His duty consisted in a strict obedience to his orders. These, it is believed, he uniformly observed, where they were limited in their character; and upon those occasions where he w as vested with discretion, no one can doubt that he exercised it so as to promote the honor, peace, and ultimate good of his country, and in strict conformity w ith the consti- tution, laws, and usages of nations. The majority of the committee further remark : " long be- fore this period, the commanding General had, by his letter to the Secretary of War,(«) declared the Scmi)iole war at an end; and after which not a single nerv act of hostility had been committed. Yet, in this state of peace, is a military officer di- rected to ascertain facts, and, on such facts being substanti- ated, to make war on the neutral colony of a nation in peace and amity w ith the United States."(«) As has been already observed. General Jackson persuaded (v) Pres. Mess. 2<1 Dec. 1818, p. 48, 50, 51, 56, 57, 58, 59, 87, 88, 89, (r) 26th April, 1817, Mr. Lacock's Report, S. U. S. p. 6. (n) lb. p. 10. 12 90 himself tliat the war was terminated, after the asylum of St. Marks had been cut off from the Negroes and indians. In tliis calculation, further experience proved tliat he was gi'eatly mistaken. Indeed, we are not confident, to a certainhj, that the war is yet o\er. as no treaty has been made; and even were this the case, like that of Fort Jackson, in 1814, no actual peace might he realized, so long as the Negroes and Indians found supplies, protection, and encouragement, in East and T^est Florida. Facts pro^. e this to have been a coi*rect a iew of the subject, and that a majority of the Senate's cojumittee are mistaken, whoi they state " that not a single new act of hostility had been committed," k.v. Governor Bibb's letter, which was before the committee, presents an entirely different aspect of this question. Besides, it is known, that six men were murdered in the interim; a com- munication of which, it is believed, was nmde to the War De- partment by General Gaines, and may be found upon examin- ing the documents on file in that ottice. Charles Bairn's de- position, with the official communication of General Jjickson to the Secretary of War, under date of the 5th Februai*y, \819, also demonstrate that the majority of the committee greatly erred in making this statement.(6) If fuithei' evidence were AA anting, tlie committee have furnished it themselves, in the communications of General Gaines and Major Fanning, an- nexed to their report, in pages 45 to 48. It may not be im])roper, in this place, to remark, that many of the numerous facts stated in this report have reference to an immense mass of documents which have been published to the world in detached form and apparent confusion, and tlutt it miglit therefore be inferred that mistakes would occui*; but^ in relation to facts stated in the Report ^ and opposed by the docn- ments annexed, much more difficulty is experienced in account- ing for inaccui-acy. Suppose, ho\A ever, that, between the 26th of April and rth of August, 1818, none of the citizens of the United States had been annoyed, robbed, or murdered, by the Indians resident in Florida; still there w ouid have been no ground for the high chai'ge against General Jackson, '* that he liad disregarded not only the Legislative and Executive authorities of the Liiit- ed States, but setting at nought tlie usages of all civilized na- tions, by making war \a ithout a previous and public declara- tion." It is stated in Mr. Lacock's Report,(c) that ''the tendency (b) Appendix, No. 39, 40. {c) Page 7. «1 of these measures by the comman(linj2: general seems to have been to involve tlie nation in a m ar \n ithoiit lier consent, and for reasons of bis own, unconnected ^vitb bis military func- tions;" and tliat "they would he unwilling- to attribute impro- per motives where those of a different chai-acter could be possi- bly inferred." I flatter my self that the reader has been long since complete- ly satisfied that this w ar, w ith all the measures adopted for its prosecution, was not only sanctioned by the Pl\ecutive, Avho is charged with tlie defence of the nation, but also by Congress themselves; and that there is consequently no foun- dation for such an imputation as is here levelled against the commanding general. I have shewn, too, in tbe nu)st conclu- sive manner, from the communications of general Jackson with the commandant of St. Marks, the governor of I'ensacola, Secretary of State, and the order to occupy St. Augustine, that he did not consider those measures of an hostile character, in relation to tbe goverimient of Spain. Tliey did >iot constitute war, and the comnmndin.g- general had no other agency in them than strictly to obey tlie orders of the Executi> e of the United States. If, in our enquiries i*elative to the manner in which this war was prosecuted, it sufficiently appears tliat the-acts perfoi-med by the commanding general were in conformity to law and the orders by which he was governed, fuitber investigation as to the motives of action migbt be superceded: believing it to be a sound maxim of law as well as moi-als, that ^^ben tbe act is lawful, no human tribunal can institute an enquir} into tbe mo- tive. The God of Heaven ah)ne, tbe searcher of all hearts, has cognizance of this matter. Before ail human tribunals, the act must first be ])roved nnlmrfid,, and not till then can the mo- tive be examined, in oi-der to aggravate or mitigate the of- fence. After the very able discussion wiiich had taken place in the House of Representatives of tbe United States, resulting in a decision, by an overwhelming majority, that the motives and measures of this officer were justifiable and could not be im- peached; it might at least have been presumed, by a majority of the committee, that they w ere pure and correct. It is ex- tremely difficult to ascertain why and \\herefore his motives were referred to at all. Wretcbod indeed would that people be, whose motives of action, however innocent, praisewortiiy, or legal, might bo made a subject of judicial eiuiuiry ! It would be productive of endless uncertainty and opjjression. It is amply suflicient, for all earthly purposes, if our action"^ 92 are quadrated by law; and when that is the case, no tribunal can exist in any age or country to take cogyizance of our mo- tives. In political or judicial enquiries into the conduct of individuals, purity of motive necessarily follows purity of ac- tion. The majority of the committee say, that they were con- strained to attribute improper motives to the commanding general, as tliose of a different character could not possibly be inferred. In vain, then, have I endeavored to demonstrate that the conduct of the Executive and his commanding generals has been legal and proper, in relation to their military opera- tions in the Floridas. In vain have they received the unquali- fied approbation of the nation, as well as of a large majority of the immediate i*epresentatives of the people in the House of Representatives of the United States, whose view s upon tbe subject of the Seminole w ar I have only attempted to arrange and condense in these pages. Upon the subject of general Jackson's motives, a majority of the committee have certainly exiiibited an unusual share of asperity, as well as a w ant of charity, which was not to have been anticii)ated fiom those w ho w ere members of so august and enlightened a body as the Senate. In a statement of many facts contained in their report, they seemed to have recognized but imperfectly the existence of the maxim founded in the hu- mane principles of liberty and the christian religion, that in- nocence is always presumed until guilt is established by satis- factory proof. Had a majority of the committee examined the communi- cations of the commanding general to the Secretary of \Var,(rf) upon the subject of his military operations, as well as the or- der to take possession of St. Augustine,(«) they would have been enabled to satisfy theanselves, that the motives by which ' he was actuated w ei'e to obey his orders in giving peace and security to our bleeding frontier; to carry on a vigorous and efficient w ar against our enemies, with an overw helming force, by which the national treasure would be economised, and the lives of our citizens preserved. What motive, distinct from liis military functions, let me ask, could have operated upon tlie commanding general, in liis operations in Florida ? By acquiring the possession of the Spanish posts he neither added to his pow er nor wealth; but, by his detention in a low^ and w et country, and surrounded w ith (d) President's Message, 2d December, 1818. p. 50, 56, 86. Mr. Lacock's Eeport, p. 15. (e) Mr. Lacock's Rep. S. U; S. p: 19. 93 every embarrassment and privation, he _2;reatly im])aire(l the small remnant of a shattered and feeble constitution. All \\ ho are acquainted with j;eneral Jackson, and the weak and preca- rious state of his health, ai*e perfectly satisfied tliat uotliing hut an urgent sense of duty carried him to Florida, when his con- stitution was so much cnfeehled as to produce a continued de- sire to return to the interior.(/ ) And when in that country, it is believed, that nothini^ hut the same imperious sense of obli- gation, in carrying into effect the orders of the government, and a regard for the permanent peace ar.d hfippiness of his fel- low citizens, induced him to garrison tlie Spanish fortresses. His orders w ere to enter Florida in the prosecution of the war, and to bring it to a specilij, honorable, and permanent con- clusion. The commanding general was convinced that the objects of the war v.ould fail altogether, unless the strong Iwlds of tlic enemy were wrested from them, as well as those sources from whence they derived all their supplies and muni- tions of war. Slielteied by Spanisli garrisons, and receiving aid, encouragement, and comfort fiomt'aeir con)mandants; up- on oui' troops letiring from the country they \\ould have re- appeared, "and fired, in addition to their ordinary ferocity, with revenge for the chastisement they had recently received, would again have rushed with the war hatchet and scalping- knife into the borders of the United States, and mai'ked every footstep with the blood of her defenceless citizens." To pre- vent the recurrence of these calamities were motives amply suflicient ami clearly indicated, as well as entii-ely accessible to a majority of the committee, had they given themselves the trouble to advert to these orders. But it is the misfortune of this Report to be opposed by the evidence of its own documents in another instance ! The de- positions of colonel Butler and John H. Eaton, ajinexed to the Report, conclusively prove that general Jackson had no agen- cy in speculating in Florida la«ids, res])ecting which many questions had been asked on the part of the committee. It is understood that no other evidence was attempted to be intro- duced for the purpose of developing the **reasons of his own. uncoimected with his military functions;" and this is in direct opposition to the inference di-awn by a majority of the com- mittee. The former services of the President and his commanding generals should also have exempted them fi'om censuir and their motives from impeacbjuent. These alone ought to have prevented the majority of the committee from having sought (/) Pres. Mess. 28Ui Dec. 181 S, p. 180, 182, 188. 94 in vain for an excuse, and from attributing *Mmproper motives where those of a diffei ent character could be possibly infeiTcd.'* With respect to Mr. Monroe, it may be said that his politi- cal career has been distinguished by the most happy auspices. Having assiduously labored in the public service for about forty years, he has uniformly discharged his duty with fideli- ty and integrity, as well as with an ardor and devotion in the cause of his country which can alone identify the genuine patriot. At a very early period of our history, Mr. Monroe gave unequivocal evidence of his foresight as a statesman, and ma- nifested a ])articular solicitude for the interests of the western people. When Mr. Gardoqni, the Spanish minister, was in- triguing with our government for the purpose of inducing them to cede away the navigation of the Mississippi for twenty-Jive years^ he was a member or Congress from the state of Vir- ginia, and zealously opposed the adoption of the measure. Since tliat peiiod lie has served the people in the character of Govei'nor, Representative to the State and National Legisla- tures; as Minister to several of the principal Courts of Europe, and jiow" fills tiie exalted and responsible station of President of the most distinguished Republic on the globe. In all those capacities it is believed that he has acquitted himself with more than ordinary ability, and to the entire satisfaction of his enlightened countrymen. Since he w as elevated to the Presidential chair, the political sea has been quite calm and unruffled. The old wall of par- tition between the two great parties of our country being al- most entirely broken down, he has used his earnest efFoi'ts to allay political animosity and sectional prejudice, by substitut- ing a spirit of union and conciliation. In this attempt, he has heen successful beyond the most sanguine expectation. The consequence has been, that we are made to enjoy all the bless- ings ai'ising fi'om an identity of interest and feeling, and the talents of the nation are consolidated for the effectuation of national purposes. In consequence of our being at peace with the whole world, and the subsidence of party spirit, the administration of Mr. Monroe may be said to constitute a golden age in American po- litics. Besides, he has acquired more national wealth, and given greater extension to the territorial limits of his country, than any of his predecessors, except Mr. Jefferson. There is scarcely a point within the compass of this vast republic, at which he has not extinguished the Indian title to the most valua- ble tracts of land, with but a small expenditure of blood and 95 li'easurc. By means of tliosc arrjuisitions tlie sources of foreign hostility have heen diniinislied; thousands of emigrants are suprdied with hinds on moderate terms; the poor are pro- vided with a home and abundance, a)id millions are hroiii^ht into the public tirasury. Furthei-moie, the ohl states are ena- bled to send out their swjirms of suijdus population; \vealth and liapjiiness are more,a;enei'ally diffused; greater strength and du- rability given to the union and all our re])ublican institutions. The numerous testimonials of regai'd which Mr. Monroe has received, in the course of his tour through different parts of the United States, are a satisfactory eai-nest tbat those services are not forgotten, but that he is held in giateful recollection by a free and republican people. General Gaines has already been noticed in this enquiry, as an officer who was educated to the profession of arms from his youth, and who had acrpiired more than ordinary celebrity for his patriotism and military services. He is also known as one of the ablest discij)linarians in our army, and for a rigid observance of the orders of his superiors. During the late war with England, he displayed a skill and gallantry which marked him as an officer of distinction, and obtained for him an evergreen fame. The heroof Foj*t Phie will be honor- ably remembered, as long as valor and military prowess shall command the respect of the freemen of our country. On the Southern frontier, his operations w ere distinguished, princi])j!l- ly, by the unexampled suffeiings and pri^ ations to \\ hich he was subjected. On all occasions, however, he is acknowledg- ed to have acted with a firmness, decision, and alacrity, which characterises the soldier, and sincere friend to the welfare of his country. In I'elation to the services of General Jackson, they are re- duced to no ledgered account, and have almost exhausted pane- gyric. As a general and negotiator, he has rendered services in acquiring national wealth, and extending tlie territorial limits of the United States, which never can be forgotten. They arc incorporated with the history of the country, and must live in our grateful remembrance, as long as patriotism receives a tribute of admiration, or merit is assigned its appi-o- priate meed. He has, on all occasions, displayed a resolution, enterprize, and patriotism, which has been rarely ecjualled, and his military operations have been crowned with a success un- paralleled either in ancient or modern times. AVith an emaciat- ed frame and feeble constitution, he has encountered ewvj danger, hai-dship, and privation, and merits the most precious boon in the gift of his country. His victories have been moi-e 96 brilliant than those of Ramilies and Blenheim, and have en- circled his brow with imperishable laurels. They consti- tiide the proudest monuments of this nation's glory, m hich sliould be carefully cherished, both by the government and its citizens. I. is one of the richest treasures of the American people, and is the foundation of their peace at home and re- spectability abi'oad. Dui'ing tlie late war with England, when gloom and dis- aster hung over the fortunes of our country; when the heart of the patriot and the spirit of the nation were sunk in despon- dency: the government paralized by accumulated defeat and misfoi'tune, and our tieasury entirely exhausted, every eye was fixed u]5on this distinguished hero. The most awful fore- bodings and anticipations were entertained as to the fate of New-Orleans, which, it was feared was about to fall into the hands of the enemy, and be visited with rapine and violence. Wliat sincere and lieartfelt joy was manifested upon the arrival of the news of that unparalleled victory ! One univei'sal burst of exultation was heard thi'ougljout the Union. The empori- um of western commerce was preserved from fire and pillage, and ^^beauty"" protected fiom ruffian pollution. Congress ad- journed, unable to proceed to business, and bonfires and illu- minations proclaimed the grandeur and magnificence of the acliievement. Tiie tongue of defamation was dumb, and paity feelings were liushed to I'epose. Evei'y heart boundexl with gladness, and the proud trophies of the 8th of January united the honest men of all political creeds, in an expression of na- tional triumph and gratitude. General Jackson is destitute of ambition, save that of ad- vancing the welfai'e and happiness of bis countiy. If the sacrifices and sufferings which he has cheerfully encountered are the fruits of such a passion, it then may be considered of Godlike origin, and should call forth the admiration of every individual of the nation. To him power has no allurements and office no charms. Long has he sighed for the hour of re- tirement to private life, where he can enjoy the society of his family and fiiends. He has devoted liis best services to the cause of his country. Her constitution and lav. s are objects of his sincere veneration, and every solicitude of his heart is engaged for the pei'petuation of lier liberties. His health is rapidly declining under the pressui'e of age and disease, ancj all he asks of his beloved country, on this side of the grave, is to measure out to his motives and character an ordinary share of charity and justice. 97 Such characters as tliese arc the best friends of tlie Coiin* tvj, and its most efficient suppoi-ters in times of dilliculty and danger. Their fame constitutes part of the moral caj)ital of a free people, and contributes to give us an exalted distinction amongst the nations of the earth. Let us not, by unmerited censure, sully the chastity of their Nvell earned renown. We shall thus confirm the imputation against republics, of ingra- titude to their greatest benefactors. This is a sin of the deep- est dye in the character of a nation, and will prevent individu- als of abilities engaging in our service, at times that call for the exertionof all the skill and resources of the country. It will tend to discountenance merit and enterprize, and palsy the arm of our government in all its operations. The consequences resulting from the services of the Presi- dent, and his commanding Generals, are the establishment of an honorable and permanent peace, and repose and security to our frontier settlements. By cutting off all intercourse be- tween the Southern Indians and European nations, wc shall have no more foreign incendiaries to stimulate them to wars of extermination; no more prophets to instil their superstitious poison into the minds of their brethren, and to crimson our frontier with the blood of every age, sex, and condition. " We shall hear no more of murders and robberies within our bor- ders, by savages prowling along the Spanish and British lines, and seeking shelter and protection witiiln them, to display in their villages the scalps of our men, women, and children; no more of their selling, w ith shameful effrontery, the plunder of our citizens in Spanish forts and cities; no more apologies from Spanish Governors and Commandants, of their inability to perform the duties of their office, and tlie solemn contracts of their country; no more excuses for compliances to the savage enemies of the United States, from the dread of their attack upon themselves, and no more harboring foreign impostor^ upon compulsion." Again: — More has been effected by those measures, in ad- justing our differences with Spain, than thirteen years nego- tiation. We have obtained by treaty a so\ereignty over the Floridas, which gives extension and compactness to oui" ter- ritorial limits. Along line of sea coast has been acquired, upon which there is at least one of the most safe and capa- cious harbors on the American Continent; and the United States have secured the free and uninterrupted navigation of all the rivers which flow through the newly ceded territory, into the Gulph of Mexico. This country likewise affords the most abundant supply of fire oaky for the purposes of ship 98 tjuildiiifi;; ami its possession will enable us to give an effec- tual check to smuggling in that qiiaiter, as well as the intro- duction of slaves into the United States, in violation of our constitution and laws. Measures so beneficial in their conse- quences will have the effect of advancing our welfare for half a century to conic. They have i-eceived the sanction of Messrs. Jefferson and Madison, as also of the Legislatures of Pennsylvania and Mississipju, and cannot fail to secure the decided approbation of every deliberative body in the nation. The result of our investigations, then, has been, that the measures of the President ar.d his commanding Generals, in the commencement and teimination of the Seminole war, were authorized by precedent, as well as by our constitution and laws: that they weie also sanctioned by the acts of Congress, and the immutable principles of international law, in lela- tion to the rights of self preservation. I have also proved that a majority of the Senate's committee have not sustained a single position wliich they assumed; that the testimony upon which they acted was illegally procured; many of their statements without the scope of the authority conferred upon them, and contradicted by the documents uhich they, themselves, have published as pai t of their report! These cir- cumstances are calculated to excite public astonishment, when it is recollected that the subject had been satisfactorily de- veloped in the House of Representatives, and that a majority of the committee had consumed several weeks upon the points submitted to their consideration. They must also satisfy every candid mind that the majoiity of the committee have not " maturely and dispassionately examined tiic subject," nor redeemed theii* pledge '*/ai^/i/vfiii/ to disclose facts, and iiiqjartially to draw conclusions.'* When the subject is presented in this attitude, it cannot but be believed that the Report to the Senate was drawn in a settled spirit of opposition to tiie President and his command- ing Genei'als. It must also ha\ e been prepared, in so much haste, at the close of the session, for tlie purpose of counter- acting the decision of the House of Representatives, as not to afford sufficient time for an examination of those documents upon which it professes to be tbiuided. A List of the Documents in the Appendix. No. 1. Secretarj- of War to General Jackson, 2. to Governor Bibb, 3. to General Gaines, 4. General Jackson to Secretary of War, 5. to Governor of Tennessee, 6. Appeal to Volunteers, 7. to Secretary of War, 8. to Governor of Tennessee, 9. to Secretary of War, 10. to Colonel Hayne, 11. to same, 12. Colonel Hayne to Secretary of War, 13. to same, 14. to same, 15. to Brigadier General Parker, 16 Secretary of War to Colonel Hayne, 17 to General Jackson, 18. to same, 19. Major Muhlenburgh to Colonel Arbuckle, 20. Colonel Arbuckle to General Gaines, 21. Major Muhlenburgh to Colonel Arbuckle, 22. General Jackson to same, 23. Certificates of Colonels Dyer and Williamson. 24. Deposition of Captain Gadsden. 25. of Colonel Hayne. 26. of Colonel BuUer. 27. Gov, of Tennessee to Gen. Jackson, extracts of 2 letters, April 6tl], 1819. 28. Captain Easter to same, April 21st, 1819. 29. Deposition of Captain Call. 30. of Doctor Bronaugh. 31. Secretary of War to General Jackson, September 27th, 1815. 32. October 2d, 1816. 33] December 30th, 1817. 34. Deposition of Lieutenant M'Keever. 35. Secretary of the Navy to Commodore Patterson, March 27th, 1818, 36. Act Legislature of Tennessee, 1815, ch. 118, sect. 112. 37. Gen. Jackson to Colonels Dyer and Williamson, January 19th, 1818. 38. Deposition of Colonel Gibson. 39. of Baron. 40. Secretary of War to General Jackson, February 5tli, 1819i General Jackson to Secretary of War. December 26th, 1817. May 13th, 1817. Extract. January 16th, 1818. Extract. January 12th, 1818. January 11th, 1818. January 11th, 1818. January loth, 1818. January 19th, 1818. January 20lli, 1818. January 21st, 1818. January 21st, 1818. January 28th, 1818. February 9th, 1818. February 13th, 1818. February loth, 1818. March 7th, 1818. January 29th, 1818. FebruaVv 6tli, 1818. December' 16th, 1817. December 21st, 1817. December 19tli, 1817. January 20th, 1818. [No. 1.] Department of War, 2Gtli December. 18ir. Sir : You w ill repair, with as little delay as pi'a( ticable, to Fort Scott, and assume tlic immediate command of the Ibrces, in that quarter, of the Southern Division. The increasing display of hostile intentions, by the Semi- nole Indians, may render it necessary to concentrate all the contiguous disposable force of your division upon that quarter. The regular force now there is about eight hundred strong, and one thousand militia of the state of Georgia arc called into service. Genci-al Gaines estimates the strength of the Indians at twenty-seven hundred. Should you be of opinion that our numbers are too small to beat the enemy, you v. ill call on the executives of the adjacent states for such an addi- tional militia force as you may deem requisite. General Gaines had been ordered, early in last month, to repair to Amelia Island. It is presumed that he had, there- fore, relinquished the command at Fort Scott. Subsequent orders have been issued to the general, (copies of A\hlch will be furnished to you) advising him that you would be directed to take command, and directing him to leassume, should he deem the public intei*est to require it, the command at Fort Scott, until you should arrive there. If, however, the gene- ral should have progressed to Florida, before the subsequent orders may have reached him, he was insti'uctcd to penetrate to the Seminole tow ns, through Florida; pro^ idcd the strength of his command at Amelia would justify his engaging in of- fensive operations. "W ith this view, you may be prejjared to concentrate your force, and to adopt the necessary measures to terminate a conflict which it has ever been the desire of the President, from considerations of humanity, to avoid, but w hicli is now made necessary by their settled hostilities. I have the honor to be, ^c. &c. [Signed] J. C. CALHOUN. Major General Andrew Jackson, •Vas/a'?7/f, Tennessee. [No, 2.] Extract of a letter from John C. Calhoun. Secretary of fVur^ to Governor Bibby dated " Department of Wau, 13th May, 1818. ** General Jackson is vested with full powers to conduct the war in the manner which he may judge best." 102 [No. 3.] Extract of a letter from John C. Calhoun^ Secretary of War, to Brevet Major General Edmund P. Gaines, dated " Department of "War, 16th January, 1818. "Sir: The honor of the United States requires that the war with the Seminoles should be terminated speedily, and with exemplary punishment for hostilities so unprovoked. Oi'ders were issued, soon after my ari'ival here, directing the war to be carried on within the limits of Florida, should it be necessary to its speedy and effectual termination. The orders^, I presume, have been received." [No. 4.] Head Quarters, Div, Souths J>^ashville^ I2th Jan. 1818. Sir : I have the honor to acknowledge the receipt of your oi'der of tlie 26th ult. which reached me last night; its con- tents are duly noted, and will be promptly attended to. I have received no late advices from General Gaines, al- though I have for some time expected the return of the express sent to him on the 24th of November last. Taking into view the strength of the Seminoles and their adherents, as reported to you by General Gaines, and the aggregate of his strength, regulars and militia, amounting to but 1800 men, which can- not possibly afford alike number of effectives; considering, likewise, that the greater portion of his forces are drafted mi- litia from Georgia, who may apply for theu' discharge at the expiration of thi'ee months from the time they were first mus- tered, and who may be disposed to claim this right and aban- don tlie campaign about the time I could reach Fort Scott, I have deemed it both prudent and advisable to call, from the west end of the state of Tennessee, for one thousand volun- teers, mounted gun men, to serve during the campaign. With this force, in conjunction with the regular troops, I can act promptly, and, with the smiles of Heaven, successfully, against any force that can be concenti*ated by the Seminoles and their auxiliaries. Viewing, however, the lives of our citizens as too precious to be risked in a contest with savages, with the odds of two to one, unless where real necessity demands the expo- sure, I have therefore written to the governor of Georgia to continue in the field the one thousand men required by General Gaines. The result of the appeal I have made to the patriotism of those brave men, in West Tennessee, who have so often fol- lowed me to the field of danger, will be k^iown by the 19th instant, and 1 hope to leave this for Fort Scott on the 22d; of tm vuy liiovcments, and success in raising tlie mounted volunteers^ you sliall be advised. It may appear to the government, on the first view, that mounted men are the most expensive; but wlien we consider the rapidity of their movements; the amount of quarter mas- ter's expenditures for pack horses, baggage wagons, and otiier means of transport indispensable to footmen, in this instance saved, mounted gun men, as auxiliaries in such a camj)aign as the one contemplated, will be found to save both blood and treasure to the United States. The volunteers that have been in^^ted to the field are of tried materials, and such as can be^ relied on in the dav of danger and trial. With respect, &c. [Signed] ANDREW JACKSON, Maj, Gen. Commdg. Hoii. J. C. Calhoun, Secretary of War. [No. 5.] Head ^iiarterSf Division of the South ^ JM^ashxillc, Jan. \lth,lS\ 8. Sir : I have just received oiders from the I'resident of the United States to repair to F^ort Scott, Georgia, with instruc- tions to call upon the gover)iors of the neighboring states for such additional militia force as may be deemed necessary to co-operate w ith all the disposable regular troops of the South- ern Division against the Seminoles. I have this night ad- dressed circulars to several of those brave officers who served with me during the Creek campaign, under a hope that a timely address to the patriotism of our citizens will enable me to effect, by voluntary enlistment, what would otherwise have to be done by drafts. I have called for 1000 mounted men; and, should the appeal prove inelBcacious, will embrace the earliest opportunity of making the requisition on you for a like num- ber of drafted militia. I have received your letter of the 4th instant, and am happy to hear of the ratification of the treaty with the Cherokee Indians. With respect, your most obedient servant, ANDREW JACKSON, JIaj. Gen. Com. Gov. M'MiNN, of Tennessee. True copy— -J. C. Bronaugh, U. S. Army. [No. 6.] Head- flatter Si Southern Division, JS^ashville, Jan. 11, 1818. CIRCULAR. Sir: The Seminole Indians have raised the war hatchet. — They have stained our land with the blood of our citizens. Their war spirit must be put down; and they taught to know 104 that their safety depends upon the friendship and protection of the United States. To accomplish this, the aid of one regi- ment of mounted gunmen, of one thousand men, completely armed and equipped, and to serve during the campaign, is ask- ed from West Tennessee. Can you raise them, and he ready for the field in ten days? If you can, your General, who led you to victory on the plains of Talledega, Emuckfau, and Tohopeka, asks you to accompany him to the heart of the Se- minole towns, and there aid in giving peace and safety to the southern frontiei% An answer is expected in five days, and it is anticipated that the numher required is now ready. This is a private appeal to the patriotism of West Tennessee, and is not to appear in a newspaper. If the i-egiment is raised and marched, all expenses for expresses shall be paid. By the return of the express yon are^expected to give your opinion of the probability of the result, that preparations may be made accordingly. Col. R. H. Dyer, Col. Gibson, Col. William- son, Col. George Elliott, Major William Mitchell, Major John Smith, of Montgomery county, Col. Martin, of Wil- liamson, and Captain F. Ellis, of Dixon county, have alone been addressed on this subject. The grade of the officers to be deteimined by themselves, or the platoon officers of the re- giment. The officers raising companies to command them. Upon further reflection, it is requested that those officers nam- ed above, and all such as can raise a company, will meet me at this place on the 19th of the present month. Punctuality in this is much desired; and it is furtlier requested that all those oiHcers who have served in the late war will be confi- dentially notified of the foregoing. I have the honor to be, A. JACKSON, Major Gen. Com'g. True copy — J. C. Bronaugh, U. S. Army. [No. 7.] Head (^larters, Bivision of the Souths JYashrille, 13th Jan. 1818. Sir: Being advised that the Assistant Deputy Quartermas- ter General of General Gaines's brigade has resigned, and be- ing unadvised as to quartermasters' funds within the 7th De- partment, I have to request that necessary funds be forwarded to Quartermaster General Gibson, at Fort Scott, whom I have ordered to meet me at that place without loss of time. Should the one thousand volunteer gunmen attend to my ap- peal to their patriotism, I shall send on a confidential agent to Georgia, to have the necessary supplies for them procured 105 and forwarded by the Quartermaster, if any there, to Fori Gaines, and if none, by the agent sent, with instructions to draw on Quartermaster General Gibson for the amount of his purchases; this is done to facilitate the march of the vo- lunteers called for. I need not observe, that, without ([uarter- niasters' funds, an army cannot be wielded either witii prompt- itude 01' effect — promptitude in the jHTsent campaign will be a great saving to the United States, both in character and jjurse. I have the honor to be, most respectfully, your most obe- dient servant, [Signed] ANDREW JACKSON, Maj. Gen. Com'g. Hon. J. C. Calhoun, Secretary of War. [No. 8.] Nashville, January I9th, 1818. Sir: In my last, 1 informed you of the late order received from the President of the United States, and of the appeal I had made to the patriotism of West Tennessee. This day the officers, who hei-etofore commanded the volunteers, met me, and report, that two regiments of mounted gunmen will ren- dezvous on the 31st instant, at Fayetteville, prepared and equipped for a tour of six months. Thus, you see, that my best hopes of Tennessee are realized. Had cii'cumstances permitted, and time would have allowed, and the emei-gency demanded an appeal to the whole state, I have no doubt but five thousand men could have been raised. There appears no ditticulty but the want of arms. With these two regiments and the regulars, should the time of tlie Georgia troops have expired, I will be able to act promptly, and, I hope, with ef- fect. The- last account from Fort Scott, on the 19th ult. left the regular force in an unpleasant situation. I set out on the 22d, in the morning. I have the honor to be, yours, respectfully, [Signed] ANDREW JACKSON. His Excellency Joseph M'Miniv. Certified — R. I. Easter, Jlid-de-Camp, [No. 9.] Extract nf a letter from Major Gen. Jackson to J. C. Calhmiii, Secretary of War, dated Mishvillc, 20f/t Jrtwjmr?/, 1818, Head (Quarters, Division South. Sir: In a communication to you of the 12th inst. I acknow- ledged the receipt of your order of the 26th ult. ami adAised you of the appeal I had made to the patriotism of tbe West Teunesseeans. On yesterday, the ofiicei-s who had so gal" 14 106 iantly liofided the Tennessee mounted volunteers, durini^ the Creek campaigns, met me at triis place, and give every assn- ranrc of their ability to assemble two regiments of mounted gunmen, by the 51st inst. at any designated point within the western pait of this state. I have ordered them to rendez- vous at Fayetteviile, and as many as may appear on the 31st inst. or tlie 1st of February, to be mustered and received into the sci'vice for six mouths, (if not sooner discharged,) by my Iiifipcclor General. The Contractor has instructions to issue to these troops twenty days' I'ations. and every measure has been adopted to facilitate their march, via Fort Jackson, by the most direct practicable route to Fort Scott. These troops will be well supplied as far as Fort Jackson, and there the necessary provisions may be obtained and packed to answer Iheir immediate vrants, until they are intercepted by supplies from below. ]^I;\jor Fanning has been dispatched to Fort Ltawkins, to jnuchase and forward on their sujiplies to the most convenient point of interception. I have advanced to him two thousand dollars, Vvith authority to draw on the Quai-term aster General for any additional sums wanted, and imposed upon liim the touporaiy duties of Deputy Quarter- niasler General. I am comjielled to tliis arrangement from an impression that there can be no olTicer of the Quartermaster's Depart- ment in the vicinity of Foit Hawkins, and Colonel Gibson could not possibly leach that neighborhood to effect the objects wished. My inspector C^enei'al, Col. Hayne, (no Bi-igadier General havisig Aolunteered his services,) is charged with conducting the marcli of the t\^o regimen.ts of Tennessee vo- lunteers to tlie soutlieru frontier. From the contents of Col. Arbuckle's and iSIajor Mulslenburg's letters, copies of which ;u-e herewith ejiclosed, you will readily perceive that the for- p.ier inust i*emain inactive, and tliat the latter is in a danger- ous situation. Evei-y information fiom our southern fi'ontier justifies tlte decisive measures I have taken, and urges the jM'ompt nufvement of t'le Aolunteers called into ser^ice. I ti'ust}ou will \iew the subject in the same liglit, and that my arrangements may meet with your entire approbation. The tro<^])s now" assembled o)i our southern boundary, reinforced w itU the Tennessee Aolmiteers called into service, will enable me to intlict speedy and merited cliastisenient on the deluded 8eminoles. I remain here to facilitate every arrangemeut for the prompt movement of the Temiessee detachment, but will leave tliis on the 2'2d instant, for Fort Scott, via Fort iiawki)is. From Col. Arbuckle's letter I am advised of the. 107 departure of Gcii. Gaines from Foi't Scott, and tuc newspa- pers communicate the information of the Geore;ia contingency beijig commanded by a Brii!;adier General. As lie must con- setpiently be the commanding ollicer of the forces in the nei_2;lthorhood of Fort Scott. I liave this day directed instruc- tions to him, by no means to precij>itate himself into a .a;ene- ra! en,a;a,qement with the Seniinoles, but at all hazards to re- lieve, if possible. Major I\Iuiileid)ure; from liis present sitiui- tio!?. and covei* his ascent up the Appalachicolarivc!'. 1 have further advised him of my movements, and directed that he should remain on the defensive; collect all tiie neces- sary supplies, and have every ])reparation made for an active campaiii,!!, as soon as reinforced by the Tennesseeans. General Gaines has been notified of this order. I have Jio later ad\ices from liim than tliat of the 2d of December, in- forming me of t!ic catastrophe of Lieut. Scott and party. [No. ]().] Wead (liiarfers. Division of the Houtlu AliifiJtrillCf Q\ st Jan. 1818. Sir : You will repair to Fayetteville, Ten. on the 31st inst. and there muster aiid receive into tlie ser\ ice of the United States, for six months, if not sooner discha]'2,cd, tv» o I'eg-iments of mounted volunteers. As soon as mustered, you will assume tlie command of these troops, and make Qxevj preparation to facilitate their march, via Fort Jackson, by the most direct and practicable I'oute to Fort Scott, on the Flint river. You aiv authoi'ised to oi-ganize and appoint such a biigadc staff as you may deem necessary to tho»accomplishme!it of the duties assign- ed you. Eveiy confidence is placed in your known activity and skill — and you are clothed with all discretionary power to facilitate the marcii of the volunteers to the designated post. ANDREW JACKSON, Maj. Gen. Com'g Div. of the South. Col. A. P. Hayxi:, Inspector General. True copy- — J. C. IJuoxaugu, U. S. Army. [No. 11.] Head (Quarters, Division of the Sonih.JVashville, Ten. Qlst Ja- nuary, 18 IB. To facilitate tlie march of the volunteers placed under your command, you are authorised to draw, either upon the Secre- tary of War, or Col. George Gibsoji, Quartei'-master General, at Foil Scott, for such funds as may be found necessary to meet anv failure either in the Quarter-master or Cor.trac tor's departnlent. ANDREW JACKSON, !M:\). Gen. Com'gDiv. of the South. Col. A. P. Hayne, Insp. Gen. South. Div. U. S. Army. 108 [No. 12.] JWishville, 2 8 th Januartjf 1818. Sir : I have the honor to submit for your consideration the enclosed copies of instructions given me by Major General Jackson. I have purchased as many pack horses and pack saddles as will answer for the use of the brigade. These purchases have been make in conformity to the General's order, and on the best terms the shortness of tlie time would admit. As we take no wagons along with us, it is deemed absolute- ly necessary to allow each company two pack horses to trans- port tlicir camp kettles and mess pans; for each man will have on his horse twenty days' provisions, as much corn as he may be able to carry, besides his ammunition and arms. I assure you, sir, I shall strictly economize in all my expen- ditures. I have the honor to be, &c. [Signed] A. P. HAYNE, Insp. Gen. Hon. JoHX C. CviHouiv, Sectj of War. True copy on file in my office. [Signed] A. P. HAYNE, Insp. Gen. Certified— R. I. Easter, Aid de Camp. [No. IS.] Head- Quarters, Camp Slount, near Faijetteville,Feh.9thf 1818. Sir : The volunteer brigade from West Tennessee, which has been assembled at this place, have been furnished by pri- vate contract. The regular contra(*tor not having been given the legal notice, refused to furnisli the troops. Under these circumstances I have made the best arrangements in my power. Each ration has cost the government twenty cents. The pro- visions furnished have been of a good quality. The organiza- tion of the brigade has been attended witli much difficulty. We can be correctly tauglit by experience only the great difficulty inseparable from the organization of volunteer corps; and, on the present occasion, the shortness of the notice given the troops to assemble has added to those difficulties. The Major Gene- ral commanding had authorised the field officers to raise two regiments, and they brought to camp forty captains, of which, I only could receive twenty into service. To merge the lesser fractions into the greatei*, and thus amalgamate them into sin- gle companies; to cut down captains, to leave out subalterns, and yet to satisfy an*d secure to us all the men, has been a very difficult task indeed. To efiect these objects, I have been oblig- ed, in a number of cases, to give an additional lieutenant and 109 cornet to the companies. The Major General a.^rced, in the first instance, tliat each company should have an additional Lieutenant Colonel, and Major. In fact, I have lieen com- pelled to _^ive that organization thatAvas formei'ly had in the Creek war. I would barely remaik, tliat, on .strict mililary principles, mounted gun men ought to have anadditioiial num- ber of oilicers. It is certainly more dillicult to command 64 mounted gun men than 120 foot soldiers. I ha^e served in both capacities, and have found it so. In foreign service, too, it is usual to give cavalry an additional munber of offi- cers. In order to reconcile jarring interests; to harmonize the conflicting elements of local partialities and narrow mind- ed views, and not to lose sight of the great object of the cam- paign, there m as left but one way to act. I do not hesitate to say, that one of our present command is intrinsically worth more to the government than two drafted militia; and > oh will find, in tiic end, that the course pursued by General Jackson will cost the government much less than any other mode which could have been adopted would have done. We take up t]ic line of march to-morrow at sun-rise, ^Aith twenty days' proAi- sions. I calculate to march from this ground with about twelve hnndi'ed men, and, before we cross the Tennessee river, I am in hopes they will amount to 1500. They are not as well armed as I could vvish. Tiie ofhcers and men can be i-elicd on. In a regular camp I never saw bette)* discipline oi- more exact subordination exhibited; that is, so far as i-elates to cor- rectness of conduct, and vigilance in attending lo duty. The General left me w ith three thousand dollars, and I had only a few days to make those contracts absolutely necessary to move and feed our army. I have acted for my country as I would, under like circum- stances, have acted for myself. At Tennessee river, whei*e we must halt a night and day, I will forward to the Adjutant and Inspector General's oftice, a report of the strength of the brigade, also the muster-rolls. Captain Kingsley has furnished in the contractor's, and a mer- chant of Fayetteville, Mr. B. M. Garner, in the quarter-mas- ter general's department. They w ill accompany me as fftr as Tennessee river, at which place I shall liquidate their accounts by bills on govcrinnent, drawn at ten da} s sight. I am, &c. [Signed] A. P. HAYNE, Ins. Gen. com'g. To the Hon. J. C. Calhoun, Sec^y of War, Waslin City. True copy, on file in my office. ^ [Signed] A. P. HAYNE, Insp. Ge)i. Certified — R. I. Eastef. Aid-de-camp. U. S. army. 110 [No. 14.] Mead ((uarterSf Smith Bank of Tennessee Uit^cVj ISf/iFeb. 1818. Sir: I have the lioiior to inform you that I shall take up the line of march to-morrow morninj^ at day light. I shall m arc] 1 from this ground with 1100 ciTective men, and will be joined on the route by another full company. I am soi-ry to inform you that not more than two thirds of our men are well armed. I sljail procure as many arms on the route as I may be able to obtain, and shall state to the individuals from whom they are procured, that they will be paid for by the United States, should they not be returned uninjured at the end of the cam])aig"n. It may be our foi'tune to meet the enemy before we form a junction with general Jackson; and, under those circumstances, on the subject of arms, I could not hesitate a moment. Our route is through the Cahawba Valley^ by the way of Fort Jackson, and at the latter place I expect to hear from the genei'al; and if he directs it I can, by a rapid move, reacli Fort Scott in four days. The volunteers from West Tennessee will do their duty; all of them, officers and men, can be strictly relied on. I have the honor to be, sir, very respectfully your obedient sei'vant, [Signed] A. P. HAYNE, Insp. gen. com. To the lion. John C. Calhoujv, Sec^rij of War. True copy, on file in my office. A. P. HAYiSE, Insp. gen. U. S. A. Certified — R. I. Easter, Aid-de-camp. [No. 15.] , Head- Quui'ters, Tennessee Volnnteers, South side Tennessee River, 15th Feb. 181 vS. Sir: 1 have the honor to transmit you the muster-rolls of the volunteer mounted gun men of West Tennessee; also a con- solidated morning report of the brigade. I have had much trouble in procuring these returns. 1 have the honor to be, very respectfully, your ob't serv't. [Signed] A. P. HAYNE, Insp. gen. com. brigade. To Brig. Gen. D. Parker, JldJ. and Ins. Gen. Wash' ton City. True copy, on file in my ofKce. [Signed] A. P. HAYNE, Insp. Gen. Certified — R. I. Easter, Aid-de-camp. [No. 16.] Department of War, TthMarch, 1818. Sir: 1 have had the honor to I'cceive your letter of the 9th, and that of the 15th lust. I have the pleasure of expressing in io you my entire approbation of all the measures you lla^e adopted to insure a prompt movement of the patriotic > ohiii- tcers confided to your command. It is asfibject of rei^rettliat there is no public arsenal in that section of country, from which arms and tHpjijjtncr.ts couhlbe drawn. The course which you ha\e taken to remedy the evil I trust will be effectual. So far as it may be practicable, let the arms be preserved and returned, after tiie canj])ai5^n closes, lo the owners. Where this cannot be done, let the account, properly vouched, be paid by thecpiartor-master's departiiicnt. The bills di-awn on account of sup])lies of every kind will be paid when presented to this de{)artment. Upwards ot one hundred thousand dolhirs have been forwarded totlie i)ay- masters of the 4th and rth rejrinicnts, for the paymejit of the militia before tiiey arc discharged. General Jackson will adopt such measures as will be proper to secure this object. The desire of the President, that the disbursing otricers of the regular forces should be c iiarged with the expenditures of the campaign, is the only obstacle to appointing the gentlemen recommended by the officers of the Tennessee brigade. Eve- ry attention will be given to secure the object of their wishes. I am well aw are of the difficulties to be overcome to organize efHciently, and satisfactorily to the officers and men, a volun- teer corps for the field. In the present instance, the pride and spirit of veterans, aided by patriotism, and directed by superior intelligence, have handsomely surmounted every obstacle. The alacrity w ith which the brave Tennessecans liavc again i-e- sumed their arms in defence of their country. Is a sufficient ear- nest that their efforts will be successful, and that their cfli- ciency, joined with the gallant exertions of other corps, will speedily terminate the conflict. I have the lionor to be. very respectfully, your cb't serv't. [Signed] J. C. CALHOUN, Secretary of War. To Col. A. P. Hayne, Insp. Gen. com. Tennessee Brig. Ti'ue copy, taken from tiie original on file in my office. [Signed] A. P. HAYNfi, Insp. Gcn.'U. S. A. Certified — R. I. Easter, Aid-dc-camp. [No. 17.] Extract of a letter from John C. Calhoun. Secretary of War, io Major- General Jn drew Jackson, dated 29th Jannarij, 1818. Your letters of the 12th and 131h inst. are received. The measures you have taken to bring an el^cient foi'ce into the field are approbated, and a confident hope is entertained that a speedy and successful termination of tiic Indian war will follow^ your exertions. 112 [No. 18.] [Extract] Departjuent of War, 6th Feb. 1818. Sir: I have tlic honor to acknowledge the receipt of your letter of the 20th ultimo, and to acquaint you with the entire approhation of the President of all the measures which you iiave adopted to terminate the I'upture with the Indians. The honor of our army, as well as the interest of our coun- try, requires that it should he as speedily terminated as prac- ticable^ and the confidence reposed in your skill and prompti- tude assures us that peace will be I'estored on such conditions as will make it honoi-able and permanent. I have, &c. .1/(7/. Gen. A. Jackson, Fort Scott, Georgia. [No. 19.] MAJOR MUHLENBURG TO COLONEL ARBUClvLE. JWar the Ochesee Toivn, on the ^pjjalachicola River j Tuesdatj Evening, December 16, 1817. Sir: On Monday morning the transports were attacked by the Indians, from both sides of the river, with a heavy fire of small arms. We retuined their fire; the firing has con- tinued ever since. \>'e have lost two killed and thirteen wounded, most of tliem severely; whether we have injured them any I am unable to say. We are now compelled to re- main here, as it is impossible for us to carry out a warp, as a man cannot show himself above the bulwark without being filed on. I can assure you that our pi-esent situation is not the most pleasant, not knowing how soon, or whether we are to receive succor from above. The wounded are in but a bad situation, owing to tlie vessel being much crowded, and it is impossible to make them any ways comfortable on board. Not having any other means to communicate to you, I am compelled to dispatch the keel boat under the command of captain Clinch, with instructions to make the best of his way to Fort Scott. I hope to hear from you soon, with instructions how I am to proceed in my pi'esent situation. With respect, &c. [Signed] P. MUHLENBURG, Brcv. Maj. P. S. We have but a few days' provisions on hand; the meit have been on half allowance some time. 113 [No. 20.] Colonel Arbfckle to Gexf.tial Gatxes. Fort Scott, December 2\y 1817. Sir: Since closing* my letter, the keel boat armed fi-om tho vessels below, ^itb some woMiidcd. Major Muhlenburg states, it is im])ossible for the vessels to get up, the shore beijij^ lined on both sides of the river, with In- dians and negroes, who keep up a constant fire on them. He has determined, if the boat does not return to liim this even- ing, to drop down, and try to get to the bay. The boat \\'\\\ leave this, under the command of major Twiggs, at 12 o'clock to day, and will reach them by sun down, provided, it is not interrupted in its descent. I shall endeavor to keep up an intercourse with them (by means of tlie keel boat) until we can get the ammunition from on board; and, in the last extremity, they will be compelled to dro}) down to the bay, in doing which, I am appreiiensive they Avill suffer severely. You have, here\\dth, a copy of brevet major Muhle:iburgli*.s letter of the 19tli inst. He appears dissatisfied tliat moi-e has not been done for his relief; in this, nothing shall be omitted that tlie force here can effect. Should I attempt to march against the enemy,- with all the force here, with the intention of removing him fiom the ri- ver, I am confident I should not succeed, and, at best, would sustain a very considerable loss. Men, and means of every description, are greatly Avanting here, and, should any misfortune happen to the vessels, we have not half a supply of ammunition, and not a single stand of spare arms. I have not heard a word from you since your departure. I am, sir, &c. Sec. (Signed) M. ARBUCKLE, Lt. Col. Com'd. Maj. Gen. E. P. Gaines. [No. 21.] New CHE see Town, December 19, 18ir. Sir: Yours, by captain Blackston, was received at 12 o'clock this morning, and was in liopes that you would have been able to afford some relief to the command, as our situation de- manded that something should have been done immediately. That we are not able to progress, is evident, as we have tho enemy on both sides of the river, and, therefore impracticable to carry out a warp. Had we not heard from you by the keel boat, this morning, it wa>> decided that we should have at- 15 114 tempted to return to the bay this evening. I shall now de- spatch the keel boat under the co]nnia:,d of lieut. Gray, and try to I'etain our present position, until the night of the 21st. In case we should not hear from you, or be reinforced by land, we shall make the attempt to reach tlie bay. For fur- tiier particulars, 1 lefei' you to lieut. Gray. With i'csi)ect, A.c. [Signed] P. MUHLENBURG, Major. Lf. Col. Arbuckle. [No. 22.] Head (luarters^ Division of the South, Mishrille, 20th January, 1818. Sir: I have received your lettci- of the 18th ult. and have to regret the situation in which you are unfortuuately placed. Every effort will be made, however, to relieve you. 1 shall leave this for Foi-t Hawkins on the 22d; and two regiments of mounted volunteers will rendezvous at Fayetteville, Tenn. on the 31st instant, and proceed, by forced march, direct to our southern frontier. The commanding officer of the Georgia militia has instruc- tions, this day, not to invite a general engagement with the Indians, but,. at all hazard, to aid you in relieving Major Muhlenburgh. [Signed] ANDREW JACKSON, Maj. Gen. Com'g Div. of the South. Col. Arbuckle, com'g at Fort Scott. . True copy — J. C. Brojvaugu, U. S. Army. [No. 23.] EiM Grove, Qlst May, 1819. Dear General: I have just returned home from the Wes- tern distiict, and have i-ecently seen the report of the Senate of the United States, relative to the Seminole war, wherein I I'snd you charged, by a committee of that honorable body, of organizing and ajjpointing the officers to take the command of the vohinteei-s from this state, engaged in that war. Cer- tainly that committee could not have received the proper in- formation respecting this particular subject; and, believing that you. sir, have a wish that the facts should be stated in all quarters vvhcrein you are concerned, I have thought pro- per to make the foUoAving statement, wliich every field officer I)elonging to the two regiments, I have no doubt, will recol- lect to be facts: In the mouth of January, 1818, you made an appeal to a 115 number of those oflicei'S mIio liad acrouipaiiied you in the Creek war, and to Mobile, Pcnsacola, and New Orleans; and named to them tiiat thei*e were one thousand men ^^ antinja;, and that volunteer mounted men would be recei\ ed; and ir- quested that those officers would m?et at Nashville, on the 19th January, 1818; at which time and place a mimbei' of officers met. After assuring* you that the men could be rais- ed with ease, it was proposed by myself and some other offi- cers there present, for you to mime the oflicers to command those troops. This you refused, and said, an^rce amongst yourselves who arc your officers; and then stated to the offi- cers present that you would appoint col A. P. Haync to lead us on to Fort Scott; and, on our arrival at that point, you would then take the command yourself. We then left you and withdrew to a room, where it was agreed that I should take the connnand of the 1st Regiment, and Col. Thomas W illiamson should take command of the 2d Regiment; and that we would officer and organize them in the sariic way that the volunteer mounted gun men were orgaJiized in 1814, when we marched to Mobile, Pcnsacola, and New Orleans. The other field officers wei-e then agreed on, and our names reported to you in writing, who would command the two I'egiments. You tlicn named to tlie officers the law regulating the peace establishment, and how tiie regiments were offi( ered under that law . It w as then named to you by myself, to- getliei" with several otlicr officers, tJjat, by experience, we had found that horse men requiied moi-e officei-s than foot men. on account of horse men covering a much larger space. You then said, oj'gauize yourselves in a way that you may think proper; it will rest ^^ith the govennneut. A luunber of those officers w bom you made the appeal to, w ere conunissioned by James Madison, Esq. then President of the United States in 1812; and a part of them, umler all privations, stuck to the service w ith you without a mni'niiir during the war with Great Britain aiid the hostile Creek Indians, I am, sii'. With the greatest i-espect, Your most ob*t humble serv't, [Signed] R. II. DYER, late CoK 1st Reg'l Ten. M. G. M. The facts stated in the above letter are known to the un- dersigned, who was present at the time alluded to, to be cor- rect.' THOMAS AVILLIAMSON, l.ate Col. 2d Reg't T. M. G. M. Certified — R. I. Easter, Jlid-dc-camp. 116 [No. 24.] I, James Gadsden, a captain in the army oftiie United States, on oath, declare that, during the whole period in which the transactions helow detailed took place, I was an Aitl-de-camp to Major General Andrew Jackson, and that the following narrative contains a true statement of facts to my knowledge: Early in Jajuiary, 1818, General Jackson received orders from the War Department to repair to Fort Scott, assume the command of the army, and to bring the conflict with the Seminole Indians to a speedy termination. The Secretary of War stated the enemy's force to be 27 or 2800 strong, and gave authority to the General to call fi-om the neighboring states such a force as would ensuie tlie desired object. The regular brigade under General Gaines did not, according to the last repoi'ts, exceed 600 men. He had called upon Geor- gia for not more than 1200 militia, and it was uncertain, at that period, whetlier the friendly Creek warriors would ac- cept of the invitation tendered. Some additional force was therefore deemed necessai-y; and the speediest mode of rais- ing it M as a subject of solicitude to General Jackson. Go- vernoi' M'Minn, of Tennessee, Avas engaged about this pe- riod in carrying into etfect a treaty with the Cherokee na- tion, and it was a matter of gi'eat uncertainty, whether a letter would find him at his usual place of residence, near Knoxville, or not. He was not at the capital of the state, and his friends in and about Nashville were generally under the impression that he was still in the Cherokee nation. General Jackson determined, thei'efore, to make an appeal to his old companions in arms, many of whom held commissions in the militia of tlie state. His circular to tiiese men, and his letter to the Governor, notifying him of what he had done, have been published. I was present at the meeting of the field officers of the vo- lunteers at Nashville, and heard no remarks of General Jack- son calculated to control or influence them in the selection of theii' otticers. The only subjectof anxiety with him, appeared to be, that the men should be raised by the 1st of February. He desii'ed that the number should be completed; that the men should be satisfied with their ofticers; that they should rendezvous at Fayetteville; be mustered into service, and overtake tlieir General on the frontiers of Georgia. Col. Hayne, Inspector General, was instructed to command the detachment on their mai-ch to Fort Scott. He received au- thority to appoint no other oiticers than those attached to his 117 personal staff: a privilege enjoyed alike by regular and mili- tia comniandei's. The Nashville company elected their own otticers, and the Kentucky company uas raised without even the knowledge of General Jackson. Their own feelings led them into the field, upon the mere knowledge of the fact, that the frontier w as exposed to Indian aggi-essions. I accompanied General Jackson through a part of Tennes- see previous to his departure south. In every village we pass-, ed throng)}, much interest was taken in the approaching cam- paign, and the citizens wei'e generally inrpiisitive as to the na- ture of the appeal to their patriotism. I was directed by General Jackson to explain its character; and, in every in- stance, expressed but one opinion, as deiived from him; that 1000 men were wanted to put a speedy close to the Seminole w ar; that, in consequence of the confidence which the General had in his old comrades in arms, and the facility with which volunteers could be raised, he had made this appeal; that they must be satisfied with their commanders, and elect their own oilicers. On this subject I found many individuals exceed- ingly scrupulous. They were assured tliat no intention was entertained to impose commanders on them; that tlie men w ere wanted, and the General w as well aw are that, to be eilicient, they uiust be contented w itii their oilicers. General Jackson left Nashville with one company of Ten- nesseeans. A company of Kentuckians overtook him in the Cherokee nation; and tlie Tennessee brigade had orders to join him, as soon as organized, on the frontiers of Georgia. From Hai'tford, General Jackson moved with tlie Geoigia brigade, and w as reinforced on his niarcli, to Fort Scott by about 600 friendly Creeks. From Fort Gadsden, w here the operations of the campaign may have been said to Inne commenced, the movement was made w ith a force of regulars, Georgians, and Indians, not exceeding 2000 men. The strength of the enemy w as not known at tliis time to be less than that stated by the Seci-etai\ of War — 2700. A detachment of Tennesseeans, and General M'lntosli's w arriors, overtook the army on the morning of the attack on tlie Mickasuky villages, and all the troops call- ed into service were not finally concentrated until the day af- ter the movement from St. Marks towards the towns on Sah- waiine river. Tlie actual force of tlie enemy was never as- certained until their final dispersion irom the bahwanne river. Rumor often magnified their strength beyond that stated by the Secretary of A>'ar. The demand of the surrender of St. Marks was made in 118 amity. General Jactvson received intimation that the Indians and Negroes, combined, wished to throw themselves into that Avork as a dernier retreat; and tlie Governor of Pensacola had stated that the work and garrison were both too weak to resist their meditated attacks. I was entrusted with the com- munication to the Spanish commandant of St. Marks, and directed to urge tlie propriety of an amicable permit for the fort to be occupied by an American garrison until the close of the war, on the ground that the Seminole Indians were ene- mies to both nations, and that 'every facility should be afford- ed tlie American arms in closing a war so injurious to both parties. In tlie course of the negociation, facts disclosed themselves, developing the real character of the Spanish com- mandant, and, in a measure, implicating him as a party in the war. These facts were reported to tlie General; and not un- til then was the order issued for entering the fort by violence. On the retui'n of the army to Fort St. Marks, from the towns on the Sahwanne river, General Jackson expressed to me his determination to return to Nashville, conceiving that the war was closed. On the next day, information was given, by the cajitain of a small schooner from Pensacola, that hos- tile Indians were lurking about that town; tliat they had ge- nerally sought refuge to the w est of the Appalacliicola river, and wei'e committing depredations on the I'oad leading from Georgia to the Alabama. On this information. General Jack- son observed, that it would be necessary to leave strong gar- risons in St. Marks, Forts Gadsden, and Scott, and send a party to scour the 'country west of the Appalachicola; but he still expressed his intention to return to Nashville. So well persuaded were the officers, generally, that all operations were over, tliat many of them sought leave of absence. An officer attached to Gener.al Jackson's staff, as volunteer aid-de-camp, left him at this place for New-Orleans. Previous to his de- parture, he was told by General Jackson that his services would no longer be necessary, as he was determined to I'eturn to Nashville. Lieutenant Sands was not sent to Mobile to forward on a train of aitillery to a given point. TIhs officer had com- manded for many years in Mobile, and, being attached to the place, expressed a wish to visit it, with a view of being rein- stated in the command, if possible. His request was granted, and he received an ordei*, at the same time, to have a fevv pieces of ordnance in a condition for field service. Colonel Gibson received instructions, subsequently, from Fort Gads- 119 tlen, to have the artillery, ammunition, provisions, kc. trans- ported to Fort Monti^omery. On the return of the army to Fort Gadsden, General Jack- son recei\ ed a reply, from the Governoi* of Pensaeola, to his letter relative to provisions ascendiiu^ the Escamhia ii\er. At tlie same time, letters were received by indixidiials, and furtlter information from the captain of the schooner, tliat Pensacola was nnder the control of the Indians; that more than 400 warriors were in its vicinity, preparina; for the re- newal of hostilities on tlie Alabama fi'onticr. Major Hogan, who had recently arrived from Foi't Montgomery, I'cported some murders lately committed by Indians, direct from Pen- sacola, and who had returned with their plunder and scalps to that place. On the receipt of this information. Gen. Jack- son observed to n\c that he must himself command the troo]»s destined to scour the country west of the Appalachicola. He did not, at that time, intimate an intention of occupying Pensa- cola. To give security to the frontiers of Alabama ^^ as his object, and that his operations must be governed by circum- stances which might occui*. On the 3d or 4th daj's marcli, an express was sent to Col. Gibson, at Fort JMontgomery, to endeavor to join the army, with the artillery and provisions, at or near Durand's Bluff, tlie lower crossing place on the Escambia. At this place, a letter was received, by express, from Go- vernor Bibb, detailing the murders which had been commit- ted by hostile chiefs from Pensacola; and. the next day after the army had crossed the Escambia, the protest of the Go- vernor of Pensacola was received. The bearer was dispatch- ed with a note, promising a reply to the protest that niglit. The same day I was sent into Pensacola ^^ ith a reply. 1 he Governor had left his capital. The next day, the comnmni- cation, demanding the occupancy of Pensacola ajid its (le])en- dencies, until Spain could control, by an adcfpiate military force, the Indians witiiiii Florida, was delivered to the Gover- nor atthe Barancas; and, on his refusal to accede to theteiiiis of that communication, the army took uj) its line of march to that place. The result is known. The plan of St. Augustine was sent to General Jackson, at my reipicst, and is now in my possession. As an engineei- at- tached to the Seminole army, it was my duty to be prepaicd for any events, by obtaining accuiate knowledge of the coun- try whicik might be the scene of operations. 1 did not rccpiest the plan of the projirietor from any intimation from General Jackson that he intended or wished to > isit that fortress. JAMES GADSDEN. •120 State of Louisiana, City and Parish of J^exv- Orleans. Be it known, that, on this thirtieth day of June, 1319, before nie, John Lynd, Notary Public in and for said city and parish, duly coraniissioned, personally appeared James Gadsden, w ho, in my presence, signed his name to the foregoing- instrument in writing, and having been duly sworn, deposed that the con- tents thereof are true and correct. In faith whereof, I grant these presents, under my signature and seal of office. JOHN LYND, JYotary Public. [No. 25.] Arthur P. Hayne, Inspector General Southern Division of the army of tlie United States, and late commandant of the Tennessee volunteers, being duly sworn, testifies : That, in the month of January, 1818, Major General Andrew Jackson, of the United States' army, addi'essed circular letters to colo- nels Dyer, Williamson, Elliott, Mitchell, Philips, and otiiers, and stated to them that the south western frontier was in dan- ger, and that he had determined to make an appeal to the patriotism of the people of West Tennessee; that it was his wish to raise two regiments for that object; and deponent fui'ther testifies, that, on the arrival of the said field officers at Nashville, they, the said field officers, settled among them- selves tlieir own rank; and the deponent further declares, that tlic said field officers wei-e not, in any way or manner, either directly or indirectly, mediately or immediately, controlled, governed, or influenced, by tite said Major General Andrew Jackson; and the deponent further testifies, that the field offi- cers determined, at their first meeting at Nashville, that indi- viduals who first succeeded in brijiging to the rendezvous full companies, should rank as captains, and command their own men, and that the same principle should govern the election of subalterns; and the deponent further testifies, that he never I'eceived any autliority from Maj. Gen. Andiew Jackson, nor was he concerned himself, in any w ay or manner whatever, di- rectly or indirectly, mediately or immediately, in any of the ap- pointments of the officers of the Tennessee brigade, w itli the ex- ' ception of those of his immediate staff; a privilege allowed to all commanding officers, either in regular or militia service. The deponent further testifies, that tlie muster rolls of the Tennessee brigade were forwarded on to the Adjutant and In- spector General's office, at Washington city, on the 1 3th Fe- bruary, 1818, from Ditto's landing on the Tennessee river; that the said rolls reached Washington in safety, and in the ordinary course of the mail. [Signed] A. P. HAYNE. 121 Sworn to and subscribed before tbc undersiajned, .Tiid,s;e ol' tbe first judicial district of the state of Louisiana, this l^th June, 1819. JOSHUA LEWIS. Certified: R. I. Easter, Aid-de-camp. [No. 26.] Robert Butler, Adjutant General of the Southern DiAd- sion of the ai*my of the United States, being duly sworn, tes- tifies : That, in the summer or fall of 1817, Mr. Jolin Donelson, of the neighborhood of Nashville, went to Pensacola, and pur- chased lots of land there, with the approbation of the Gover- nor; that the deponent had heard that Mr. James Jackson, of Nashville, was concerned with him, and was the only person concerned; he also understood that Donelson's first view, in going to Pensacola, was for the benefit of his health, that Mr. Donelson is nephew of General Jackson's wife; that he does not know the amount of Donelson's purchase; that he does not know, nor does he believe, tliat General Jackson had, or expected to have, any interest in said purchase, nor did lie hear it ever suggested. The deponent further saith, that, on the 11th January, 1818, General Jackson addressed a circu- lar to the old volunteer officers, to raise volunteers for tlie Seminole campaign, in which the following clause is found : *' The grade of the officers to be determined by themscl ves, or the platoon officers of the regiment. The officers raising companies to command." The deponent has heard that an election was held, and the rank of the field officers established in that way, and not appointed by Genei-al Jackson, as stated in the deponent's affidavit before the committee of the Senate as positive, when the deponent then stated it as matter of opi- nion only; also, that the Governor of Tennessee was at Nasli- ville, which, it appears from reference to papers, was not the case. The deponent further states, that General Jackson re- ceived information at St. Marks, on his return from Suwany, that there were about 600 hostile Indians at Pensacola, m ho received ammunition and provisions from tlie Governor, in consequence of which the General oi'dered Lieut. Sands, of tlie artillery, to Mobile, to hold two pieces of the field artillery in readiness for his orders. On the arrival of tlie army at Fort Gadsden, the General received information of several murders having been committed on the federal road, and was shewn a letter, said to be private, from a gentleman at Pen- sacola to Mr. Doyle, as the deponent believes, stating that a large number of Indians were in Pensacola, and depredating 16 122 Oil the property of the citizens; this information determined the General to chana^e his route for Tennessee, hy Pensacola, and orders were given to Col. Gibson to proceed to Mobile, and afford Lt. Sands every facility in moving the artillery to Foi't Montgomery, to await the General's order, which was given, on irearing the Escambia, by express, requiring the artillery to form a junction with the army after crossing that river, which was executed. TJje General remarked to the deponent, on march to Pensacola, that if he found the informa- tion true, on reaching that place, he would demand a sur- I'cnder of it; and the deponent believes that the determina- tion of the General to occupy Pensacola and Barancas was made on receiving the pi'otest of the Governor, and learning that his provisions were stopped by him at the former place. That, at the time the army attacked Mickasuky, there were not more than five hundred Indian warriors embodied, nor does the deponent believe there were, at any time during the war, more tlian five or six hundred embodied at any one place; that, fi'om the natui-e of the subject, the statement must be conjectural; that the enemy's wariiors were, in general, well armed; that deponent was told there were about thirteen hun- dred souls at Suw any, of which 250 or 300 were fighting men; that our army had one man killed and four wounded, in ac- tions with the Indians during the campaign, and two killed at the Barancas. Deponent further says, that general Jackson received from a private source a plan of the fortress of St. Augustine; and, as the deponent believes, it was sent to the general at St. Marks or Fort Gadsden, after his return from Suwany. That general Jackson had under his command in Florida, from re- collection, about 1800 regulars, volunteers, and militia, and about 1500 Indians, under M'Intosh; and that the Indians were received and mustered into the service of the United States, under the ordei's of brevet major general Gaines, and mustered out of serA ice, under the oi'ders of major general .lackson, by a regular ofliccr. This deponent deems it due to himself to state, that the de- position published with the report of the committee of the Se- nate, undei- his name, was not wi-itten by him; but was taken down by Mr. Burrill, of that committee, and a promise given to the deponent, that, when it was thrown into form, it would be submitted for correction and signature, whicli was not done, although the committee were twice informed by one of its members, at the request of this deponent, that parts there^ of were not correct; hence the deponent was not able to give 128 the necessary fon-ection wliich he avoiiM Iia^c done, fi-oni au examination of papers and necessary reilcction. *R(J15ERT BUTLER. [No. 27.] Extracts of two letters from the Governor of Tennessee, ta Major Geyieral Andrew Jackson^ dated JIurfrecsbi)r{/ughf April 6th, 1819. '* Your favor of the Sd inst. is now before me; and witU pleasure I make the foHowing I'cply: " Your letter, dated Nashville, 11th January, 1818, reached Bie at Knoxville, seat of government." " Your letters of the lltli and 19th of January, 1818, both i'eached me by due course of mail; the former advising of your having received instructions from the President of the United States to call on the Governors of the neigliboring states for such militia force as you might deem necessary, to co-operate with the regulai" troops of the Southern Division, against the Seminole Indians; but, that you had made an appeal to the officers who had served with you in the Creek cauipaign, by which you expected that tlie necessity of calling on tlie state of Tennessee for 1000 drafted men would be superceded; which expectation must have been realized, by the a(l\ ice con- tained in your letter of the lyth, above referred to; in which you state, that the officers have given you assurances that they would furnish two regiiiients at the earliest notice. Your mode of raising those troops met my entire aj)|)robation, and I gave it my support, in aiding Captain Dunlap in raising a company of mounted volunteeis at Soutli West Point, whicli, 1 have since learned, joined your army at Fort Gadsden." [No. 28.] Nashvillk, ^Ist Jipr'tl, 1819. SiR: In a conversation with Mr. Forsyth, on the subject of the report of the committee of the Senate, I stated, that the committee had mis-stated several facts in i-elation to the oc- currences of the Seminole war. " First, that the GoAcrnor of Tennessee was in Nashville when you received your instruc- tions to call for a poi-tion of the militia of tlie state, and t!iat you neglected to make any requisition u])on him for t!ie num- ber for which you were authorised to call — informing him tiiat he was not then in NashAille, and that you had wiitten him immediately on receiving your instructions. I further told him, that you were prepared to pro\e that you had not ap- pointed the officers to their respective commands, as alleged by the committee." To ^11 whicli, Mr. Forsyth rej)lied, that 124 it was mueli to be regretted, that, in an investigation so im- portant to the country and the character of an individual, evi- dence so closely connected with the matter in consideration had not been earlier before the committee. I am, sii', respectfully, your ob't serv't. RICHARD I. EASTER. Major General Andrew Jacksoiv. [No. 29.] I, Richard K. Call, Captain of the U. States' army, and Aid-de-Camp to Major General Jackson, do swear, that, some time during the last session of Congress, I was summoned to appear before a committee of the Senate of the United States, to give evidence in relation to the occurrences of the Seminole campaign; that, after giving the statement which appeared as one of the documents accompanying the report of the commit- tee, (which statement was taken in writing by one of its mem- bers,) I was told by Mr. Lacock, chairman of the committee, that my testimony could not then be copied, in order to re- ceive my signature, but that, by the next morning at 10 o'clock, it should be prepared; at which time I should ha^ e an oppor- tunity of comparing it with the original, and of correcting any mistake which might arise in its being transcribed. I accord- ingly repaired, oh the day appointed, to the Senate chamber, and was informed by Mr. Lacock, chairman, that the com- mittee would not meet that day, and that my testimony was not yet copied. I again mentioned to him, that from the number of mutilations and erasures which had been made in wording my evidence, if it was copied, I should expect the right of see- ing it before it should be given to the public. He replied, that he did not know that the committee would make any use whatever of my deposition; but if they should ultimately de- termine to introduce it as a document on which a report would be framed, it should be previously copied, submitted to my in- spection, and receive my signature; none of which promises were complied with. After my interview with Mr. Lacock, I remained in Washington five or six days, to the best of my recollection, during which time I heard nothing from Mr. La- cock or my deposition; neither did I learn that my statement had been applied to any purpose, until my return from Philadelphia to Baltimore; at which place I saw it attached to the report of the committee. My deposition, however, though published without my hav- ing an opportunity of coriecting ei'i'ors which might arise in transcribing it, and in direct violation of Mr. Lacock's pro- mise, is, according to my recollection, correct, with a trivial exception. It is, however, not without error; and this error 125 will be found in the omission of the expression, I believe. Wheu interrogated by the committee, in relation to tlie purpose for which Lieut. Sands had been ordeied to Mobile, my answer was, / helierve he was ordered thei-e foi* artillery, and not j)osi- tive to the fact. 1 moreover observed to the committee, that I did not at that time belong to the personal staff of Gen. Jack- son; my duties were remote from his person, and, therefore, I was little acquainted with the views and opinions of the com- manding General. [Signed] R. K. CALL. Sworn to, this 30th day of July, 1819, before W. Taktnehill, Justice of the Peace, Davidson county, T. True copy — R. I. Eastbr, Aid-dc-Camp. [No. 30.] Nashville, 29th JiUy, 1819. I, James C. Broivaugh, of the United States' army, and attached to the staff of Major General Andrew Jackson, do swear, that, during the last winter, wliilst at the City of Wash- ington, 1 was summoned to appear before the committee of the Senate, in pursuance of their resolution of the 18th December last, " Tiiat the message of the President and documents re- lative to the Seminole war be referred to a select committee, who shall have authority, if necessary, to send for persons and papers: That said committee enquire relativ e to the ad\ ancc of the United States' troops into West Floi'ida; whether the officers in command at Pensacola and St. Marks were amena- ble to, and under the control of, Spain; and particularly v\ hat circumstance existed to authorise or justify the commanding General in taking possession of those posts:" That, when I appeared before said committee, I was questioned u])on the subjects contained in my deposition, which is piiblislied in the documents accompanying tlieir report of the 24 th of February, 1819; that the substance of my answers was taken down by Major John H. Eaton, a member of the committee, and that it was expressly declared to me, by Mr. John Forsyth, ano- ther member, "that, if my testimo)iy was used by t!ie commit- tee, I should have timely information, foi-the purpose of afford- ing me an opportunity of correcting it;" that this ])romise made me by Mr. Forsyth was viohited, aiul tliat I never saw the deposition afterwards, until it was published in the docu- ments accom])anyingtlie report. [Signed] J. C. BRONAUGH, U. S. Army. Sworn to and subscribed, before me, tliis 24 th day of July, 1819. [Signed] R. C. Foster, J. P True copy — R. I. Easter, Aid-de-Camp. 126 [No. 31.] Extract of a letter from William H. Crawford^ Secretary nf War, to Major-Gencral Andrew JacksoUf dated QTtli Septem- ber, 1816. ** The destruction of the negro Fort, at the junction of the Appalachicola and Flint rivers, may have removed the neces- sity of keeping up so large a force in that quarter. It must, however, be admitted, that every means of exciting those In- dians to hostility will be resorted to in the event of a Spanish war. But even in that event, it is questionable whether we should keep so large a portion of our active force pent up in a fort acting on tlie defensive, when, in fact, there is nothing worth defending. The militia of Georgia would be competent to tlie chastisement of the hostile Indians in that quarter. If the danger becomes more threatening, all the posts in the inte- rior of the Indian country may be occupied by the militia of that state and Tennessee, so as to admit of the assemblage of the whole regular force at the point immediately menaced. Your knowledge of the situation of the posts within your command will enable you to adopt the necessary measures to secure the object presented in tiiis communication. In withdrawing forces from posts now occupied, you will keep in view the preservation of the military stores which may have been deposited in them, which can only be done by trans- porting them with the troops, or by leaving a sufficient num- ber of them for their protection, until the post can be manned by the militia, or troops brought from the Northern Division.** True copy from the original — R. 1 Easter, Aid-de-camp. [No. 32.] War Department, 2d October, 1816. Sir: Your communication of the ult. with its inclo- sui*es, have been received and submitted to the President, as well as my letter of the 27th ult. to you. Since the date of that letter, information has been received directly from Spain» which gives additional force to the impressions entertained iiK relation to colonel Jessup's communications. The improba- bility of the information given by that officer will not, in the opinion of tfie President, justify any arrangement which is cal- culated to produce public excitement. A judicious disposition of the force under your command, with a view to meet an event of that nature, is all that is con- sidered necessary at the ])resent moment, except the transport- ation of arms and munitions of war, to the menaced point of attack, which such measure readers indispensable. These 127 dispositions you will carry into execution ac^reeably to the in- structions contained in my lettei- of the 2rth ult. \\ itli such modifications as the actual state of the posts, and a due regard to the public interest may require. I have the honor to be your most obedient and very humble servant, [Signed] WILLIAM H. CRAWFORD. Andrew Jackson, Maj. Qen. coni'dg Southern Division. Certijied — R. I. Easter, Aid-de-camp. [No. 35.] Department of War, December SOth, 1817. Sir: Colonel Gideon Morgan, late of Tennessee, having offered to raise a small force, composed of Cherokee Indians, it is the wish of tbe President that you accejrt the force which he may raise and bring into the field, provided you think such a force may be tsefuUy employed during the contest with the Seminole Indians. Colonel Morgan is referred to you for orders and instruc- tions. I have the honor to be your most obedient servant, [Signed] J. C. CALHOUN. Maj. Gen. A. Jackson, JVas/iriWe, Ten. Certified — R. 1. Easter, Aid-de-camp. [No. 34.] I, Isaac M*Keever, a lieutenant in the navy of the United States, on oath declare, that the following narration contains a true statement of facts, to the best of my knowledge. I commanded the naval force wliich conveyed the store-ships, transports, &c. from New-Orleans to Fort Gadsden, and from thence to the Bay of St. Marks, during the Seminole war. J arrived in the said Bay on the 1st April, 1818, witli British colors flying at my mast head; the next day I was visited by a Spanish lieutenant, the second in command at Fort St. Marks. The lieutenant was in(iuisitive as to the character of my vessels, and the nature of my visit, and wished to know whether I had any authority from the captain general of Cu- ba for entering the tenitories of his Catholic Majesty. In reply, I asked him if he had seen my colors on entering the Bay of St. Marks, and intimated to him that the nature of my visit could not be satisfactorily explained until the arrival of captain Woodbine; at the same time intimated that it wa.s of an illicit character, and that succor, aid, &c. to Hillis Ha- jo and his warriors, in thoir present distress, was inte))«le4l. 128 At the mention of this he expressed much satisfaction; stated that captain Woodbine and the Spanish commandant of St. Marks were good friends, and voluntai'ily gave me every information as to the movements of general Jackson's force, and his strength; the situation of the hostile Indians he de- tailed at length, and stated what rejoicings the reception of the long promised and expected succor would occasion. He stated that Hillis Hajo and the Spanish commandant were on intimate terms; that the foimer was then in the vicinity, and had lately been in the Fort of St. Marks, when he had urged, with menaces, the commandant to send on board to ascertain, to demonsti'ation, the character of sti'angers; and having sa- tisfied himself, he would see Hillis Hajo that evening; after Avhich we might expect a visit from the latter, who according- ly came on board the following morning. He likewise in- formed, that Arbuthnot, a friend to the hostile Indians, and acquaintance of captain Woodbine, was in Fort St. Marks. On my expressing to him some apprehension of being block- aded by an American squadron, reported to be on the coast, or of my retreat being cut off by Jackson, he replied that the latter was impossible; that Jackson had but few pieces of artillery, and the impracticability of the swamps would pre- vent his assuming any position below me; but tliat I need ap- prehend no danger from any quarter; that, as allies, by an- choring under the guns of the fort, protection could be afford- ed me. About this time we were informed by the Spanish officers and Indians, who came on board, tliat, on our arrival within the Bay, the Indian camp demonstrated much joy at the ap- proach of theii* expected supplies of munitions. &c. [Signed] I. M'KEEVER. Sworn to this 5th June, 1819. [Signed] Dm. A. HALL, Judge U. S. Louis, dis. True copy. — R. I. Easter, Aid-de-camp. [No. 55.] Navy Depaktment, Q7th March^ 1818. Sir: In the present state of hostilities between the Indians and the United States, your aid and co-operation may be i-e- quired by the general commanding the United States' army in the South. You will, therefore, afford all the aid and support in your power, and keep up a correspondence for this puipose. Dispatch immediately two gun boats a?id two of the small vessels to Mobile and to the Appalacbicola, to pi-otect ihe convoys of supplies; a7id to remove any obstruction to a free 129 communication between the forts and forces of the United States. It will be your duty also to a(lo|)t such further mea- sures as tlie circumstances of the case, or the developcinent of events, may render necessary. [Signed] B. W. CROWNINSHIELD. P. S. Commodore J. D. Henley is also ordered to send one of the small vessels of his squadron to the Appalachicoljv; wliich vessel will be subject to your order. Commodore D. T. Patterson, Commanding Alaval Station JS^eiv-Orleans. True copy. — R. I. Easter, Aid-de-camp. [No. 3 6. J ACT of the Legislatiu-e of Tennessee, 1815, chap. CXVIII. sect. 112. Be it enacted, That, when it may be conceived that the public good eminently requires it, the governor is hei'cby au- thorized to call out such parts of the cavalry of this state as ho may think proper^ and, when so called out, they shall be con- sidered ruled and regulated as mounted gun men for the time he may so order them. [No. 37.] Head ^narters, J^^ashville, I9th January, 1818. Sir : I am instructed by the commanding general to direct that you march your volunteei* regiment of mounted gun men to Fayetteville, to be there on the 31st inst. completely armed and equipped, and prepared to march for Fort Scott, in Geor- gia, for a six months' tour. Your troops will furnish them- selves, until they reach Fayetteville, with their own provisions and forage; the former of which will be reimbursed them by the contractor, and the latter by the quarter-master. I have-the honor, &c. kc. J. M. GLASSELL, Aid-de-camp. To Cols. Dyer and Williamson. True copy — J. C. Bronaugh, U. S. Army. [No. 38.] Washington, March 3, 1819. On an examination before the special conmiittee of tl»e Se- nate, on the subject of the Seminole war, I was told by tli© Hon. Mr. Burrill, one of the committee, that what he (Mr. Burrill) then took down of my testimony was a memorandum; and, if used, that my deposition should be written out, and sub- mitted to me for correction. The deposition was not submit- 17 ISO ted, but was sent at once to the printer, wlio, believing that several words were omitted, sent it to me for revisal. I tlien waited on two of the committee, Mr. Lacock and Mr. Burrill, and obtained leave to strike out a part; but they would not permit me to make any additions. The parts struck out were not material. What I wislied to add, was the substance of an order, the following extract from which I beg leave to make a part of this deposition: Ejctrad of an order to Col. Gibson^ dated Camp, twenty-six miles east of St. Marks, 24th April, 1818. " General M'Intosh and his ^\ arriors will be at Fort Scott, and will probably take much of the supplies ordei-ed up; and, as the Tennessee volunteers will pass from Gadsden to that ])oint, he wishes you to despatch a boat with a further supply; and should the corn have arrived from New-Orleans last or- dered, you will forward a considerable quantity also to enable the volunteers' horses to reacli Fort Hawkins. ROBERT BUTLER, Adjt. Gen." The order from which this extract is made, together with the order from whicli the following is extracted, were submit- ted through Mr. Eaton to the committee: I beg leave also to make the second extract a part of this deposition, to wit: Extract of another letter to Col. Gibson, dated before St. Marks, April 9, 1818. " This is carried by one of those deluded wi'etches who have asked for peace, and it is granted them: 17 men, 18 women, and 30 children have surrendered; and they ask per- mission to pass by water to Fort Gadsden: this is granted tliem, and they will remain here until the runner returns, by whom you will write to the commanding officer of St. Marks, Capt. Vashon, under what badge you will know them. AND. JACKSON " [Signed] GEO. GIBSON. District of Columbia, Washington county, to wit : Ontliis 3d day of March, 1819, George Gibson personally appeared before tlie subscriber, a justice of the peace, in and for tlie county aforesaid, made oath, in due form of la\V, that the matters and things as set forth in the annexed statement are true as stated. Sworn before JOSEPH FORREST. [No. 39.] Deposition of Charles Baroit. Charles Baron, a resident of Pensacola, being sworn, states: that about the latter end of April, or bee-i'^nne* «*" 131 May, 1818, a party of Indians, amountini^ to near 100, Mere in Pensacola with a quantity of pliiiidor, wliicli it was ^rne- rally believed was taken at the time Stoke's ianiily was mur- dered on the Escambia. The Indians sold this phuuhr openly to the inhabitants of Pensacola, and the de]K)neut could not learn that the Spanish authorities at Pensacola made en- quiries respectin!^ it. The deponent furthei* states, that, at several times in the present year, 1818, lie saw parties of In- dians furnished with pi-ovisions and anuniniition from the king's store, but he does not recollect the dates of these tran- sactions. The deponent further states, til at he has frequently heard Spanish othcers at Pensacola justify the conduct of the Indians towards the United States, manifesting- in their con- versation a decided hostility towards the Americans. CARLOS BARON. Sworn before me at Pensacola, Sept. 13, 1818. H. YOUNG, Captain Top. Engineers. [No. 40.] Department of War, 5fh February ^ 1819. Sir: The enclosed is a copy of a letter from the chairman of the committee of the Senate, on the subject of the Seminole war. Governor Bibb's letter to you of the 19th of May last is all tlie information now in the possession of this Department, relative to the encpiiry of the committee. I will thank you to communicate, as early as practicable, whatever information you possess on all llie points ofen(|uiry contained in the letter of the chairman, and lujt comprehended in the letter I'efcri'ed to. I have, kc. cScc. [Signed] J. C. CALHOUN. Maj. Gen. Andrew Jacksox, Colli* d. Southern Division, IVushiugtou Cihj. Certified copy — R. K. Call, Aid-dc-camp. AVashixgtox City, February 5, 1819. Sir: I have the honin* to acknoAvledge the receipt of your letter of the present date, enclosing a communication fi-oin the chairman of the committ(>e of the Senate, rerpiesting of you a co])y of the letter addressed by major >Yhite Youngs to GoAernorMazot, on the arth April, 1818. Not having re- ceived a report from major Youngs, relative to the coi-irspon- dence with governor Mazot, or liis attack on the hostile Indians 132 in tlie vicinity of Pensacola, the only information I possess on the suhject is contained in the letter of govei'nor Bibb, dated on the 1 9th of May, 1818; to which I beg leave to refer yon. On my return from Siiw anee to St. Marks, I was informed (through the medium of Mr. Hambly) by the captain of a ves- sel direct from Pensacola, that a number of hostile Indians had assembled at that place. On interrogating the captain, he re- luctantly stated, that, at the time of his sailing, there were in Pensacola 450 or 500 Indians; that they had been fed and fur- nished with munitions of war, and were committing depreda- tions on the persons and propei'ty of the citizens on the fron- tier of Alabama, and also on the subjects of Spain. After re- ceivijig this infoi'mat'on, I informed you in my letter, dated at St. Marks, onthe26tli of April, that I should leave that place for Fort Gadsden in two or three days, and, after making all necessary arrangements for the security of tlie position occu- pied, and detaching a force to scour the country west of the Appalachicola, I should proceed direct to Nashville. I then ordered captain Sands to Mobile, to pi-epare and hold in readiness a train of artillery, should circumstances, arising out of facts disclosed, render its use in the field necessary. On this occasion, as on all others, I thought it my duty to be prepared fully to execute my orders, in putting an end to the conflict. On my arrival at Fort Gadsden, [2d May, 1818] my quar- termaster general, colonel George Gibson, (who was chaiged w ith the defence of that post,) handed me several letters, brought from Fort Montgomery by Maj. Hogan, from respectable citi- zens, confirming the report made by tlie captain of the schooner while at St. Marks; and detailing tlie murder of eighteen of our citizens on the Sepulgurs, and the desti-uction of a family near Fort Claiborne. Major Hogan also confirmed this in- formation; and added, that the citizens of Montgomery were fortifying themselves. Similar information was received from two gentlemen, w ho arrived in a vessel laden with sutlers' stores for the troops at Fort Gadsden, but whose names are not now recollected; and by the captains of the sloop Hector and barge Peacock, direct from Mobile. In addition to the foregomg, I was shown a letter (confidentially wi'itten) from a person of high respectability in Pensacola, detailing the facts as stated by the captain of the schooner at St. Marks. This information, corroborated by so many persons, deter- mined me to go in person to Pensacola; and I ordered Col. Gib- son forthwith to Mobile, with instructions to give every facili- ty to captain Sands, in having the artillery secretly moved to Fort Moi^t-^oinery, there to await my orders; and immediately organize a force sufficient for the execution of my orders, under date of 26th December, 1817. 133 After crossin,^ the Choctawachy, I despatched an Indiau guide with a soldier express to Foi't Crawford, with orders to colonel Gihson and captain Sands, at Fort Montgomery, to move on the ai'tillery and form a junction with me, after I cros- sed the Escambia river; which order was promj)tly executed. On my reaching the Escambia, I w as met by captain Boyle's ex- press from Governor Bibb, with the letter of the 19th of May, above mentioned; and, on reaching the west bank, received in- formation that Holmes and his warriors wei-e theji in Pensacola, forwhicii place 1 immediately marched. For my proceedings thereaftei', I refer you to my detailed report. Should you wish information on any other points growing out of my militaiy operations during that campaign, it will af- ford me much pleasure to give it to you. I am sir, respectfully, your obedient servant, [Signed] ANDREW JACKSON, MaJ. Gen. Com'g S. D. Hon. J. C. Calhoun, B D 3.0®^ 3'; *0 :^ L^"^ "O. A®" ^'■^^^A,*e' *J^> ^"^ 't-*''^^ peacidiflGd using the Bookkeeper process. vT' ^V ?VA^§.//?7 o '$' ,V- ., ^ Neutralizing Agent: Magnesium Oxide - ^ vP 'p " ^^^^&_B^<^ I V"'V &^ Treatment Date: ililBBBKKEEPER PRESERVATION TECHNOLOGIES, LP. 1 1 1 Thomson Park Drive Cranberry Twp., PA 16066 (412)779-2111 ;»7 o iP v-. %/ /^§%:-. \./ .•*^^^^'. %,«* .•; \ 'n^ lO