ers that flow through that territory into the gulf. No ceremony had been used in ascending the Apalachicola, as there was no Spanish fortress on it. But the Escambia flows by Barrancas, and the general thought it most prudent to advise the governor of Pensacola of his intention to send his provisions that way. That it might be understood that he was in earnest, he informed the governor that he should consider any hindrance of his boats as an act of hostility against the United States. The governor replied, that on paying the customary duties, the stores might proceed. The general did not think fit to comply with this lawful requirement, but executed his purpose without further regard to the colonial authorities. No interruption was offered.

On the 1st of April, the army reached the Mickasucky villages, which had been deserted on its approach. Upwards of forty scalps were found in the council-house, most of which were supposed to have been taken from lieutenant Scott's party. General Jackson burned the villages, and having left his Indian allies to hunt for their inhabitants, marched to St. Marks, a Spanish post on Apalachy Bay. The fort had but a feeble garrison. General Jackson required the commander to give place to the American troops, and, without waiting for an answer took possession with force and arms. The commandant and his troops he shipped off to Pensacola.

While the American troops were at St. Marks a vessel arrived from New Orleans with supplies. Her master hoisted British colors as a decoy, and stood off and on. The lure took effect; Hillishago, already mentioned, and three others, who

had been hiding in the vicinity, went on board. Hoisting false colors is certainly allowed by the laws of war, but the treatment of these miserable savages was not. They were hanged without trial, without even presumptive evidence of having committed any crime, by general Jackson's order. It was said, indeed, that Hillishago had been the instigator of the war, and that the others had been among those who attacked lieutenant Scott. Even were this the case, we believe no other officer in our army would have taken the lives of prisoners of war in cold blood.

Shortly after the attack on Fowltown, an American citizen was made prisoner by a Seminole warparty and taken to the Mickasucky village. He was about to be put to death when the daughter of a chief interposed, stayed the uplifted arm of the executioner, and with tears besought her father to spare the prisoner's life. The chief yielded, and the American was suffered to depart in peace. The man who thus showed mercy was Francis Hillishago.

*

*We give this fact on the authority of Mr. Storrs, a member of Congress, who was not a man to speak unadvisedly.

8

CHAPTER X.

Arbuthnot made prisoner. Ambrister seized. Charges against Arbuthnot. His trial. He is sentenced to death. Charges against Ambrister. His sentence. General Jackson's conduct and principle of national law. Invasion of West Florida. Hostile proceedings. General Jackson assumes the reins of government. Captain Wright's murders. General Jackson's letter to governor Rabun. Governor Rabun's reply. General Jackson returns to Nashville.

Alexander Arbuthnot, a Scot and an Indian trader, was taken near St. Marks and confined. This man traded at the Sowanee villages. He was the owner of a small vessel employed in his trade between Florida and the Bahamas, which was seized by general Jackson, and used to transport the invalids and superfluous baggage of the army to St. Marks. It appears that Arbuthnot had, like other Indian traders, attached himself to those with whom he dealt, and considered their cause his own. We draw this inference from a letter he wrote in January to governor Mitchell, the Indian agent, in which he endeavored to avert the war by showing that the savages were not the aggressors." * was also an accredited agent of the Seminoles, having the preceding year received a power of attorney from their chiefs to transact the business of the tribe.

He

* Governor Mitchell's letter, which confirms Arbuthnot's statement.

On the 16th, the army arrived at the Sowanee villages, and though the inhabitants fled at their approach, killed eleven of them. After the cattle and corn had been collected, the towns were destroyed.

Two days after, one Robert C. Ambrister, who had been a British lieutenant of marines, was seized, and this done, the army returned to St. Marks. So terminated the celebrated Seminole war, in which no battle was fought and no danger incurred. The enemy never thought of contending with the overwhelming force brought against them, but fled even at its approach.

When the Georgia militia and the Indian allies had been discharged, the next object was the disposal of the prisoners. Arbuthnot and Ambrister were brought before a court martial. The charges against Arbuthnot were,

Exciting and stirring up the Creek Indians to war against the United States, he being a subject of Great Britain, with whom they were at peace.

Acting as a spy, aiding, abetting and comforting the enemy, and supplying them with the means of

war.

'Exciting the Indians to murder and destroy William Hambly and Edward Doyle, and causing their arrest with a view to their condemnation to death, and the seizure of their property, on account of their active and zealous exertions to maintain peace between Spain, the United States and the Indians, they being citizens of the Spanish govern

ment.'

Hambly, the person against whose life Arbuthnot was alleged to have practised, was allowed to testify what he had heard the Indians say of the pris

*

oner. This was the first time mere hearsay was ever received as evidence before an American tribunal, military or civil. At the same time Ambrister was not permitted to testify in Arbuthnot's favor, because he was under arrest on similar charges. By the common consent of all civilized nations no man is presumed guilty till proved to be so, and no one is disqualified from bearing witness till convicted of some infamous crime; not even then an infamous person may testify, and the jury may believe him or not: it rests on their discretion. Hambly, too, traded in opposition to Arbuthnot, and had an interest to wish him ill.

It appeared by the evidence against Arbuthnot, such as it was, that besides what we have already specified, he had induced the fugitive Creeks to believe that the British government would assist them to recover their lands vi et armis. He had written to the British government, the British ambassador at Washington and the governor of the Bahamas in their behalf. He had sold the Indians powder and ball, which might be used in war as well as the chase. He had induced the Indians to make prisoners of Hambly and Doyle, by representing these as having brought the American forces upon them. While the American troops were marching on Mickasucky he had written to his son to secure his property, and to advise the Indians by no means to give battle, but rather to save themselves by flight.

The prisoner did not deny the jurisdiction of the court, which found him guilty of the first charge, and of so much of the second as did not relate to

* See the Record.