strengthened by foreign emissaries, who had taken up their residence among them for the purposes of trade, among whom, as the most conspicuous, were two Englishmen, Alexander Arbuthnot and Robert C. Ambrister.

Deeming it necessary for the subjugation of the Seminoles, to enter Florida, General Jackson marched upon St. Marks, a feeble Spanish garrison, in which some Indians had taken refuge. Of this garrison, General Jackson quietly took possession, and occupied it as an American post. At St. Marks was found Alexander Arbuthnot, who was taken prisoner, and put in confinement. At the same time were taken two Indian chiefs, one of whom pretended to possess the spirit of prophecy; they were hung without trial. St. Marks being garrisoned by American troops, the army marched to Suwaney river, on which they found a large Indian village, which was consumed, after which the army returned to St. Marks, bringing with them Robert C. Ambrister, who had been taken prisoner on their march to Suwaney. During the halt of the army for a few days at St. Marks, a general court martial was called, upon whose result, General Jackson issued the following general order. "At a special court martial, commenced on the 26th instant, at St. Marks, and continued until the night of the 28th, of which brevet major-general E. P. Gaines was president, was tried A. Arbuthnot, on the following charges and specifications, viz:

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

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

Charge 3d, Exciting the Indians to murder and destroy William Hambly and Edmund Doyle, confiscate their property, and causing their arrest, with a view to their condemnation to death, and the seizure of their property, they being citizens of Spain, on account of their active and zealous exertions to maintain peace between Spain, the United States, and the Indians.

To which charges the prisoner pleaded not guilty.

The court, after mature deliberation on the evidence adduced, find the prisoner, A. Arbuthnot, guilty of the first charge, and guilty of the second charge, leaving out the words "acting as a spy;" and after mature reflection, sentence him, A. Arbuthnot, to be suspended by the neck, until he is dead.

Was also tried, Robert C. Ambrister, on the following charges, viz. : Charge 1st, Aiding, abetting, and comforting the enemy, and supplying them with the means of war, he being a subject of Great Britain, who are at peace with the United States, and late an officer in the British colonial marines.

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

To which charges the prisoner pleaded as follows: to the first charge, not guilty; to the second charge, guilty, and justification.

The court, on examination of evidence, and on mature deliberation, find the prisoner, Robert C. Ambrister, guilty of the first and second charges, and do therefore sentence him to suffer death by being shot. The members requesting a reconsideration of the vote on this sentence, and it being had, they sentence the prisoner to receive fifty stripes on his bare back, and be confined with a ball and chain, to hard labor for twelve calendar months. The commanding general approves the finding and sentence of the court, în the case of A. Arbuthnot, and

approves the finding and first sentence of the court in the case of Robert C. Ambrister, and disapproves the reconsideration of the sentence of the honorable court in this case.

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

The commanding general orders that brevet major A. D. C. Fanning, of the corps of artillery, will have, between the hours of eight and nine o'clock, A. M., A. Arbuthnot suspended by the neck with a rope, until he is dead, and Robert C. Ambrister, to be shot to death, agreeably to the sentence of the court.

NOTE.-This matter was brought before Congress by a report, in the house of representatives, of their committee on military affairs, condemning, in the plainest terms, the illegal, cruel and unjust proceeding; but the majority decided to take no action on the matter. It was also referred to in Parliament, on a motion for papers on the subject in the house of lords; but earls Bathurst and Liverpool declared that Great Britain could not demand reparation consistently with the law of nations, arguing that if protection was due by government to the persons so situated, it would be equally due to the British adventurers engaged in South America against the Spanish government. In this instance it seems to me that Congress sacrificed right and honor to the influence and popularity of general Jackson; and the British ministry allowed ideas of expedience to mislead them, as an earlier cabinet had done in the case of admiral Byng.-[B. M., Octr., 1866.

CHAPTER XXXIII.

1819. The cold of North America in winter, which is as remarkable as its great heat in summer, causing its climate to differ essentially from that of the countries of Europe in the same parallels of latitude, is evidenced by the following notice in the papers of the time: Philadelphia, Dec'r. 12,' (1818.) 'The ice is accumulating in our river. The weather to-day' 'is intensely cold, and should it continue with its present' 'severity, the river will, doubtless, be completely ice-locked. ' The river Susquehannah was so firmly frozen on the even-' 'ing of the 20th, that the passengers from Baltimore walked' 'over from Havre de Grace, and the luggage and mail were' 'drawn across on sleds.'- New York, Dec'r. 21. The Phila-' 'delphia Register, of saturday, states that the navigation of' 'the Delaware is impeded by the ice, and that the Schuylkill' 'is frozen over.'

The theatre on Fairbanks' wharf continued to be kept open this winter. It may be remarked that the actors of this stage in 1817, 1818 and 1819 were not only possessed of much dramatic ability, but in their life and conduct were respectable. Most of the objections to the stage seem to have their foundation in the abuses to which it is subject. It is perhaps very difficult to keep it from vice, buffoonery and absurdity; but if separated from such appendages, its influence would operate to the advancement of the intellect. Price, Placide, and Mrs. Young, were deserving of every respect, and exhibited unusual powers; and there were many others of the company possessed of great mimetic talent.

On the 20 Ootober, 1819, a treaty or convention was made at London, between Great Britain and the United States, which was ratified at Washington by president James Monroe, 30 January, 1819. Article 1. gave liberty to the Americans to fish on the Southern coast of Newfoundland, from cape Ray to the Rameau islands; on the Western and Northern coasts of N. F., from cape Ray to the Quirpon islands, or the shores of the Magdalen islands; also on the coast of Labrador, from Mount Joly to and through the streights of Belleisle, and thence North Westerly, &c., with liberty also to dry and cure fish in unsettled places on the same shores, and in settled places by agreement with the residents. The Americans renounce for ever any liberty before enjoyed or claimed 'to take, dry or cure fish on or within three marine miles of' 'the coasts, bays, creeks or harbors of H. B. majesty's domin- ' 'ions in America, not included in the above mentioned limits.' (This treaty was understood to allow the Americans to fish near shore at the Magdalen islands.) A right, however, was reserved to American fishermen to enter such bays and harbors for the purpose of shelter, and of repairing damages 'therein-of purchasing wood and of obtaining water, and' 'for no other purpose whatever.' The 2d. and 3d. articles concern the bounds of territory from the lake of the Woods to the Stony mountains. The 4th continues the commercial convention of London, 3 July, 1815, for ten years. The 5th agrees to refer a question under 1st clause of the treaty of Ghent, respecting compensation to U. S. citizens for captured slaves, to the decision of some friendly sovereign or states.

It may be worth notice here, that at this time the legislature of Upper Canada, where Sir P. Maitland commanded, passed an extraordinary law, declaring all meetings of delegates to act by petition or deliberate upon public affairs, to be unlawful assemblies, and making it a misdemeanor to give notice of any election of such delegates, or attend, vote or act therein. There was also a law of that province, (44 Geo. 3), by which persons who had not been six months inhabitants of the province, or had not taken the oath of allegiance, were made liable to arrest and banishment from the province if guilty of

seditious language, or acting so as to be fairly suspected of attempts to seduce the people from their loyalty, or to disturb the tranquillity of the province. Under color of this lastnamed law, Robert Gourlay, a Scotchman, was arrested, and after a verbal examination before messrs. Dickson and Claus, members of the legislative council, who had signed the warrant for his capture on the affidavit of one Isaac Swayze, he was ordered to leave the province in ten days. Gourlay preferred remaining in prison. Gourlay was certainly a radical reformer of the extreme English type of that period, - friend and follower of Cobbett, Hone, &c.; but as he had been a year and a half in Upper Canada, where he owned land, and had taken the oath of allegiance and commanded volunteer militia, he could hardly be subjected to this treatment, unless the law was strained by sophistry to meet a political or private purpose. Gourlay esteemed himself a martyr to liberty, and possibly there were those who thought him persecuted for his sympathy with the interests of the people. He was a man of some intellect and much energy and perseverance. I cannot help thinking that the severities exercised towards him were injurious to the public peace, and, along with other acts of a similar complexion, helped to originate an extreme party in the Upper province of a radical or rather democratic character. Although not strictly within the limits of this work, I think it right to notice occurrences of this kind occasionally, as the progress of opinion in a colony often acts upon the feelings of other communities where the constitutions are alike. The infringement of the laws which protect the subject's rights in one province is calculated to alarm all those in neighbor colonies who set a value on their legal privileges.

The assembly met thursday, 11th February, (11th general assembly 1st session.) The members returned were:

For county of Halifax: Edward Mortimer, William Lawson, Simon Bradstreet Robie, Samuel George William Archibald. County of Annapolis: Thomas Ritchie, John Warwick.

Lunenburg: Francis Rudolf, John Heckman.
Cumberland Thomas Roach, Henry Purdy.

King's: William Allen Chipman, Elisha Dewolf.