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Relations with Spain.
are, for the arm of justice is lifted up against
Members. them, and it will, ere long, fall heavy upon them, Colonel King, 4th infantry. you, and your property. They say they would
Colonel Williamson, Tennessee volunteers. have no objection to your settling any way the Lieutenant Col. Gibson, Tennessee volunteers. west of Appalachicola river; but, where you now Major Muhlenberg, 4th infantry. are, you are among a set of outlaws. They have
Major Montgomery, 7th infantry. lately committed twenty most cruel murders on Captain Vashon, 7ih infantry. women and children on the frontiers of the Uni
Colonel Dyer, Tennessee volunteers. ted States, and stolen one hundred horses; and Lieutenani Colonel Lindsay, corps artillery. they say it is by your desire.
Lieut. Col. Elliott, Tennessee volunteers.
Major Fanning, corps artillery.
Major Minton, Georgia militia.
Captain Crittenden, Kentucky volunteers. Signatures of the chiefs of the Creek nation to a
Lieut. J. M. Glassell, 4th infantry, recorder. power given to A. Arbuthnot, dated the 17th June,
An orderly will be detailed from Gen. Gaines's 1817. Cappachimico, Inhimithaluchy,
brigade; and the court will sit without regard to
Lahoe Himathlo, Charle Tustopaky, Homathlemico,
By order of Maj. Gen. Jackson:
ROBERT BUTLER, Otosmico,
Talmuches Hatcho, Ochacona Tustonaky, Hillis Hadjo,
Adjutant General. Imathlucbe, Opothlimico.
FORT ST. MARK's, April 26, 1818. Ia terpreter, PETER SAUGERT.
The court convened, pursuant to the foregoing
order; when, being duly sworn in the presence No. 48.
objections to any member thereof, and replying
in the negative, the following charges and speci. Luengo to Arbuthnot.
fications were read, viz: APPALACHICOLA, Dec. 25, 1817.
Charges against A. Arbuthnot, now in custody, and SIR AND FRIEND: Affairs having assumed a
who says he is a British subject. serious aspect between the savages and the Amer. icans, and not doubting that the storm will pass Indians to war against the United States and her
CHARGE 1. Exciting and stirring up the Creek this way,
I entertain apprehensions for the safety citizens, he, A. Arbuthnot, being a subject of of your little objects, and believe it to be your Great Britain, with whom the United States are interest not to lose a moment in removing them
at peace. from hence. I shall be happy to see you, that I may bave
Specification. That the said A. Arbuthnot, bethe pleasure of embracing you, and an opportu
iween the months of May and July, or some time nity of conversing with you on the politics of the in June, 1817, wrote a letter to the Little
Prince, day; which, under existing circumstances, it is the treaty of Fort Jackson, stating that the citi
exhorting and advising him not to comply with improper to commit to paper. In the expectation
zens of the United States were infringing on the of this pleasure, I am, with my little family,
Treaty of Ghent, as he believed, without the Sir, your very affectionate servant and friend. FR. CASO Y LUENGO.
knowledge of the Chief Magistrate of the United
States, and advising the Upper and Lower Creeks No. 49.
to unite and be friendly, stating that William
Hambly was the cause of their disputes ; also adMinute of the proceedings of a special court, organ- vising the Little Prince to write to the Governor
ized agreeably to the following order, viz: of New Providence, who would write to His HEADQ'RS, DivisiON OF THE SOUTH,
Royal Highness the Prince Regent, through Adj't Gen.'s Office, Ft. St. Mark's,
whom the United States would be called to a April 26, 1818. compliance with the Treaty of Ghent, and adGENERAL ORDER.
vising them not to give up their lands under the The following detail will compose a special citizens would be compelled to give up to them
Treaty of Fort Jackson, for that the American court, to convene at this post, at the hour of 12 all their lands under the Treaty of Ghent. M., for the purpose of investigating the charges exhibited against A. Arbuthnot, Robert Christie ting, and comforting the enemy, supplying them
CHARGE 2. Acting as a spy, and aiding, abetAmbrister, and such others who are similarly sit- with the means of war. uated, as may be brought before it: The court will record all the documents and Mark's fort, dated April 2, 1818, to his son John,
Specification 1. In writing a letter from St. testimony in the several cases, and their opinion at Suwanee, (marked A,) detailing the advance as to the guilt or innocence of the prisoners; and of the army under General Jackson, stating their what punishment, if any, should be inflicted.
force, probable movements, and intentions, to be
communicated to Bowlegs, the chief of the Su- Major General E. P. Gaines, president. wanee towns, for his government.
Relations with Spain. Specification 2. In writing the letters marked Question. Where is the letter you allude to, or B, without date, and C, with enclosures, Jan. 27. in whose possession ? 1818; aad D, called "a note of Indian talks;" and Answer. It was left in the possession of the E, without date, applying to the British Govern- Little Prince when I last saw it. ment, ibrough Governor Cameron, for munitions Question. Has this Little Prince no other of war and assistance for our enemies; making nanie than what you state ? false representations, and also applying to Mr. Answer. Not that I know of. Bagot, British Ambassador, for his interference, Question. Do you swear that ibe letter alluded with a statement, on the back of one of the lei. to was addressed to the Little Prince ? ters, of muoilions of war for the enemy.
Answer. I do not. It was presented to me by CBARGB 3. Exciting the Indians io murder the Little Prince to read and interpret for him, and destroy William Hambly and Edmund which I did. Doyle, and causing their arrest, with a view 10 Question. Are you certain that the letter stated their condemnation to death, and the seizure of that the Chief Magistrale of the United States their property, on account of their active and could bave had no knowledge of settlements zealous exertions to maintain peace between made on Indian land, or injuries committed ? Spain, the United States, and the Indians, they Answer. The letter stated that to be the belief being citizens of the Spanish Government. of the writer.
Specification 1. In writing the letters marked Joan Lewis Phenix, a witness on the part of F, dated August 26, 1817; G, dated May 13, the prosecution, being duly sworn, stated, with 1817; and H, threatening ihem with death, al- regard to the first specification of the second leging against them false and infamous charges, charge, that, being at Suwanee, in the town, about and using every means in his power to procure the 6th or 7th of April, he was awakened early their arrest; all which writings and sayings ex. in the morning by Mr. Ambrister's receiving, by cited, and had a tendency to excite, the Indians the hands of a negro, who got it from an Indian, and negroes 10 acts of hostility with the United a letter from St. Marks, at that time stated by States.
Ambrister to be from the prisoner. By order of the court:
Question by the prisoner. Did you see that J. M. GLASSELL, letter, or hear it read ?
Recorder. Answer. I did see the paper, but I did not hear To which charges and specifications the pris- it read. oner pleaded not guilty.
Question by the prisoner. Did you state that The prisoner having made application for the letter was received by an Indian express ? counsel, it was granted him, when the court pro- Answer. So the black man that delivered it ceeded to the examination of the evidence. said.
JOHN WINBLETT, a witness on the part of the A question being raised by a member of the prosecution, being duly sworn, stated that some court as to their jurisdiction on the third charge, iime before last July ihe Little Prince received and its specification, the doors were closed, and, a letter, signed by a Mr. Arbuthnot, advising the after mature deliberation, they decided that this upper part of the nation to unite with the lower court is incompetent to take cognizance of the chiefs in amity, and stating that the best mode offences alleged in that charge and specification. for them to repossess themselves of their lands Peter B. Cook, a former clerk to ihe prisoner, would be to write to him, (Arbuthnot,) and he and a witness on ibe part of the prosecution, being would send on their complaints to the Governor duly sworn, stated that, about December or Janof Providence, whence it would be forwarded 10 uary last, the prisoner had a large quantity of His Britannic Majesty, and he would have the powder and lead brought to Suwanee in his ves. terms of the Treaty of Ghent attended to; he, sel, which he sold to the Indians and negroes ; moreover, stated bis belief that the encroach that subsequent to that time, which he cannot ments on the Indian lands were unknown to the recollect, Ambrister brought for the prisoner in President of the United States. The witness his (the prisoner's) vessel nine kegs of powder, also identified the signature of the letter of the and a large quantiiy of lead, which were taken prisoner to his son, marked A, referred to in the possession of by the negroes. The witness also first specification to the second charge, and here identified the letters referred to in the foregoing tofore noted as being the same with that sent to charges and specificatioos, marked A, B, C, D, E, the Liitle Prince.
F, G, and H; also, the power of attorney, No. 1, The witness, on being further interrogated, granied by the Indians 10 A. Arbuthnot, being stated the language of the letter alluded to to be, the prisoner's handwriting, that ibe British Government, on application, Question by the court. Have you at any time would cause to be restored to them their lands wiibia the last twelve months heard any converthey held in 1811, agreeably to the terms of the sation between the prisoner and the chief called Treaty of Ghent.
Bowlegs relating to the war belween the United Question by the prisoner. Who is the Little States and the Seminoles ? Prince, or is he known by any other name? Answer. I heard the prisoner tell Bowlegs ibat
Answer. He is known by the name of Tusten- he had sent letters to the Prince Regeni, aod nuggee Hopoy, and is the second chief of the expected soon to have an answer. Some lime nation.
afterwards, some of the negroes doubled his car. Relations with Spain.
rying those letters, when the prisoner stated that Colonel Williamson, Major Muhlenberg,
Captain Vashon, Major Fanniug,
. not, dated April 2. 1818, referred to in the first Lieutenant J. M. Glassell, Recorder. specification of the second charge.
When the further examination of the witness, Answer. About the 6th of April, a black man, Peter B. Cook, took place, viz: who said he had received it from an Indian gave Question by the prisoner. How long have you it to Mr. Ambrister, whom I saw reading it. been acquainied with the settlement on the Su
Question by the court. Do you know by what wanee? means that letter was conveyed to Suwanee ? Answer. Between six and seven months.
Answer. I understood by an Indian who was Question. For what term of years did you enrsent from Fort St. Mark's.
gage to live with the prisoner ? Question by the court. Who paid the Indian Answer. For no stated period: I was taken by for carrying the letter referred to in the last in the year. terrogatory?
Question. Were you not discharged by the Answer. I do not know.
prisoner from his employ ? Question by the courl. What steps were taken Answer. He told me he had no further use for by the negroes and Indians on the receipt of the me after I had written the letters tô Providence. letter?
Question. Where did you stay after you were Answer. They at first believed the bearer an discharged ? enemy, and confined him, but, learning the con- Answer. I staid in a small house belonging to trary, began to prepare for the enemy, and the a boy called St. John, under the protection of removal of their families and effects across the Nero. river; the lodians lived on the opposite side. Question. What was the subject-matter of the
Question by the court. Did ihe Indians and letters you wrote to Providence ? negroes act together in the performance of mili- Answer. After being refused by the prisoner a lary duty ?
small venture to Providence, I write to my friends Answer. No; but they always said they would for the means to trade by myself. fight together.
Question. Do you believe the prisoner had Question by the court. Did not Nero com- koowledge of the venture being on board the mand the blacks, and did not Bowlegs own Nero, schooner? and was not the latter under the immediate com- Answer. I do not believe he had ; it was small mand of Bowlegs ?
and in my trunk. Answer. Nero commanded the blacks, and Question. Do you know that Ambrister was was owned and commanded by Bowlegs; but the agent of the prisoner ? there were some negro captains who obeyed Answer. I do not. none but Nero.
Question. Do you think that the powder and Question by the court. What vessel brought lead shipped would more than supply the Indians to Suwanee the ammunition which you said was and negro hunters ? sold by the prisoner to the Indians and negroes ? Answer. I did not see the powder and lead.
Answer. The schooner Chance, now lying at myself, but was told by Bowlegs that he had a the wharf; she is a foretopsail vessel belonging great quantity; he had ihree kegs, keeping to fight to the prisoner.
with. The witness also identified the manuscript of Question. Did the Indians reside on the east the prisoner in a paper granting him full power side of the river ? to act in all cases for the Indians, numbered 1; Answer. They did. and, also, a letter, without signature, to the Gov- Question. You were asked of the negroes and ernor of 'St. Augustine, numbered 2; further, a Indians, when the letter marked A was commuletter, without date, to Mr. Mitchell, Iodian dicated, if they did not take up arms; had they agent, numbered 3; and an unsigned petition of received information of the defeat of ihe lodians the chiefs of the Lower Creek nation to Gover at Mickasuky prior to this date? nor Cameron, praying his aid in men and muni- Answer. It was afterwards, I believe, that they tions of war, numbered 4; all of which the wito received the information. ness stated to be in the handwriting of the pris. Question. Did not Bowlegs keep other powder oner.
than that got from the prisoner ? The court then adjourned to meet to-morrow Answer. He had some he got from the Bluff, morning at 7 o'clock.
which was nearly done; he said his hunters were
always bothering him about powder. Fort St. Mark's, April 27, 1818. The court convened pursuant to adjourdment: brister ascended ihe river, there was no other
Question. Did you state that, at the time AmPresent : Major General E. P. Gaines, Presi- vessel at the mouth of the river ? dent.
Answer. There was none other there; there Members:
was one had sailed. Colonel King;
Lieut. Colonel Gibson, Question. There is a letter (A) spoken of; Relations with Spain.
how do you know that the son of the prisoner While the witness was at Suwanee, the lodian had that letter in his possession ?
chief told him that the prisoner had arrived at Answer. I saw him with it, which he dropped, that place with ten kegs of powder on board of and a boy called Jobo picked it up and gave it his vessel; and, while in Fori St. Mark's, someto me.
time in March, Hillis Hadjo, or Francis, brought Question. You stated that the Indians and an order from the prisoner to the commandant negroes doubted the fidelity of the prisoner in for two kegs of powder, with other articles, sending letters to the Prince Regeot; do you which were in his possession. think that the prisoner would have been punished Question by the court. Were any murders or by them had he not complied with their wishes ? depredations committed on the white selilements Answer. I do not know.
by the Indians previous to the prisoner's arrival Question. Do you believe that the prisoner was ai Ochlochpee ? compelled to write the Indian communications ? Answer. None, except one murder near Fort Answer. He was not compelled.
Gaines, which was before or about the time of William HAMBLY, a witness on the part of the prisoner's arrival. the prosecution, being duly sword, and commen- Question. How long have you resided among cing a statement of what he heard the chiefs the Indians ? State to the court whether you say, and the prisoner objecting to hearsay evi- are acquainted with the Indian language, and dence of that kind, the court was cleared, in how long since you learned it? order to take the question; when it was decided Answer. I have resided among them fourteen that the prisoner's objection was not valid. The years, and have understood their language twelve witness was, therefore, recalled, and stated that, years. fifteen or .twenty days after the prisoner's arri: Question. Do you believe the Seminoles would val at Ochlochnee, the Seminole Indians began have commenced the business of murder and to steal horses from the United States setile- depredation on the white settlements had it not ments, and commit murders on the Satilla river, been at the instigation of the prisoner, and a wbich, he was informed by them, was at the in- promise, on his part, of British protection ? stigation of the prisoner.
Answer. I do not believe they would without The chiefs of the little villages in the wit- being assured of British protection. ness's neighborhood then desired him to write a Question. What was the light in which the few lines to the prisoner, stating those reports, prisoner was viewed by the hostile Seminoles; and that he did not know that those Indians he was it that of an authorized agent of the British was exciting had long been outlawed, and cau- Government ? tioned him against such proceedings, or he might Answer. The different chiefs always reprebe involved in their ruin. This the witness did, sented him to me as such. when the prisoner wrote him a long and insulta The witness recognised the letter marked G, ing letter, (which was lost.) upbraiding the wit- and signed A. Arbuthnot, as being a copy of the ness for calling those Indians outlaws, and accu- one alluded to in his testimony as lost. sing him of exciting, the Indians to cruel war. Question by the president. Are you acquainted The witness was told by all the chiefs and In- with the prisoner's bandwriting ? dians who had seen the prisoner that he advised Apswer. I have seen it, but cannot say I am them to go to war with the United States if they acquainted with it. did not surrender the lands which had been taken Question. Is that which you have just seen, from them, and that the British Government and say is the copy of the one you lost, the priswould support them in it.
oner's handwriting ? The Indians who took the witness and a Mr. Answer. It looks to be his handwriting, but I Doyle prisoners, which happened on the thir- cannot say positively. teenth day of December last, told them it was Question. Was the prisoner considered as the by the prisoner's order; and on their arrival at agent of the Seminoles at the time those murders Mickasuky, (as prisoners,) Kenhagee, and all were committed ? his chiefs, told them it was by the prisoner's Apswer. I had not seen the prisoner at that orders they were taken and robhed. On their time; the Indian chiefs told me that the prisoner arrival at Suwanee, they were told by the Indian had reported himself to them as an English agent. and negro chiefs, who sat in council over them, Question. Where did you understand the pris. that the prisoner had advised that he should be oner to be when you were taken prisoner ? given up to five or six Choctaw Indians, who Answer. The Indians told us that he had gone were saved from the negro fort, who would re- over lo Providence, but was expected back by the venge themselves for the loss of their friends at time we should arrive at Suwanee. that place. On their return from Suwanee, the Question. Did you not request Kenhagee to chief Kenhagee told them that he had goi the prevail upon the prisoner to give you a passage prisoner to write several letters for him; one to in his schooner to Providence ? The Governor of Providence, one to the British Answer. Yes; but was told that the prisoner Minister at Washington, one to the Secretary of refused it, stating that, if we were forced upon State in London, and one to the American agent him, he would blindfold us, and make us walk for Indian affairs, protesting against the proceed-overboard. ings of the commanding officer at Fort Scott. Question. What were the reasons given by Relations with Spain.
Kenhagee for the prisoner's not granting your Answer. It was a sloop, and I understaod Amrequest ?
brister came in her. Answer. Kenhagee stated that the prisoner was Question. Did Ambrister ever mention to you fearful of meeting with an American vessel, when who recommended him to seize the prisoner's we should be taken out, and he thereby lose his schooner, or who assisted him in stimulating the schooner.
negroes to do so ? EDMUND Doyle, a witness on the part of the
Answer. No; I understood he came on board prosecution, being duly sworn, was questioned
of his own accord. as follows:
Question by the court. Have you, since you Question by the judge advocate. Do you know commanded the prisoner's vessel, ever brought anything that would lend 10 substantiate the any arms to that part of the country? charges against the prisoner now before you? Answer. No; I brought a quantity of lead and Answer. I know nothing but from common
ten kegs of powder in the last trip. report.
JOAN WINSLETT, a former witness on the part William S. Fulton, an evidence on the part the prisoner, was questioned as follows, viz:
of the prosecution, being recalled on behalf of of the prosecution, being duly sworn; testified to the copy of a letter from A. Arbuthnot to Gen
Question by the prisoner. Are you not of eral Mitchell
, agent for lodian affairs, dated Su- opinion that the letter which you say was writwanee, January 19, 1818. and marked No. 6, as in the possession of the Little Prioce?
ten by the prisoner to the Lille Prince is now acknowledged by the prisoner to be the same, in substance, as one writien by himself at that time; and I believe it to be still in his possession, as
Answer. After reading it, I returned it to him, an extract from that letter was then read to the Indians seldom destroy papers of that kind. court. Question by the president. Where did the
The prisoner requesting some time to make prisoner acknowledge the letter just read to be up his defence, he was given until to-morrow a copy of the one written by himself ?
evening, at four o'clock. Answer. In the encampment before this place,
Fort St. Mark's, April 28, 1818, about the 6th or 7th instant. Question. Was not the acknowledgment made
Four o'clock P. M. when be was a prisoner ?
The recorder having read over the proceedings Answer. It was.
of the court with closed doors, the prisoner was Question by the president. Did you hear a recalled into court, and made the defence marked gentleman say to the prisoner, whilst in custody, K, and attached to these proceedings. The doors that those who recommended the scalping-knife were then closed, and, after the most mature deand tomabawk should feel their keenest edge?
liberation on the evidence adduced, the court Apswer. I did hear a gentleman say that those find the prisoner, Alexander Arbuthnot
, guilty who excited the Indians to the murder of the of the first specification to the first charge, and unoffending should feel the keenest edge of the guilty of the first charge; guilty of the first and scalping-knife; but, as well as I recollect, that second specifications to the second charge, and observation was not made until after the repeated guilty of the second charge, leaving out the acknowledgments of the prisoner of having writ- words " acting as a spy;" they, therefore, do, on ten the letter.
the most mature reflection, sentence the prisoner, Question by the court. Was not the confession Alexander Arbuthnot, to be suspended by the of the prisoner to this letter made voluntarily, neck until he is dead; two-thirds of the court and without any coostraint whatever ?
concurring therein. Answer I conceive it was.
EDMUND P. GAINES, The evidence on the part of the prosecution
Major General, Pres. of the Court. being closed, the prisoner requested, as a witness,
J. M. GLASSELL, Recorder. Robert C. Ambrister as one of his witnesses,
A. against whom criminal charges had been filed, and was in custody on account thereof; to
From A. Arbuthnot to his son, John Arbuthnot. which the judge advocate objecting, the court
Fort St. Mark's, April 2, 1818, was cleared to take its sense, when it was deci
nine o'clock in the morning. ded that Robert C. Ambrisier, now in custody DEAR JOHN: As I am ill able to write a long for similar offences with the prisoner, cannot be letter, it is necessary to be brief. Before my arexamined as evidence before the court.
rival here, the commandant had received an exJoan Lewis Phenix, a previous witness, now press from the Governor of Pensacola, informing on the part of the prisoner, being again sword, him of a large embarcation of troops, &c., under was questioned as follows, viz:
the immediate command of General Jackson ; Question by the prisoner. Was there any other and the boat that brought the despatch reckoned vessel at the mouth of the Suwanee river when eighteen sail of vessels off Appala chicola. By a Ambrister seized your schooner ?
deserter that was brought here by the Indians, Answer. Yes.
the commandant was informed that three thou. Question. What vessel was it? Was it not sand men, under the orders of General Jackson, the vessel which Ambrister came in ?
one thousand foot and sixteen hundred horse, un