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The great evit of these irregular and preconceived notion. We cannot consanguinary proceedings is, that they ceive a more complete subversion of shake to its foundation that system every rule and principle which we have which regulates the intercourse of ci. been accustomed to hold essential to vilized nations, and which preserves a
substantial justice, than is exhibited in species of order even in the midst of this part of the procedure. war and confusion.
The evidence admitted was of the The charge on which Mr Ambris- most exceptionable nature. One pera, tie was condemned, is, that he headed son is brought to prove the allegations the Indians in their war against the against him, from a letter said to have troops of the United States. This, been written by him (Mr A.) to an the prisoner acknowledges and justi- Indian chief. The witness who gave this fies. On the other hand, it is stated evidence, could not swear that the let. in the sentence, to be « an established ter was addressed to the Indian chief. principle of the law of nations, that There was no copy of the letter proany individual of a nation making war duced, nor even an attested copy of it, against the citizens of any other na. but simply the evidence of a person who tion, they being at peace, forfeits his said he had seen it, and who stated its allegiance, and becomes an outlaw and contents from memory, but who could pirate. This is the case of Robert C. not swear that it was addressed to the Ambristie, clearly shewn by the evin said Indian chief. But this violation of dence adduced.” Now, we confess we all principle is even outdone by what never heard of such a principle. On follows ; for one Hambly, a personal the contrary, it is a principle establish- enemy, as it appears, of Arbuthnot, ed, as far as the universal practice of is allowed to state in evidence, that a the European states can establish any certain Indian chief informed him that thing, that when two nations are at he was instigated to war by Arbuthnot. war, the subjects of neutral states may It is well known, that none of the Inlawfully enlist as volunteers in any of dians are entitled to credit, and acthe contending armies ; and this prin- cordingly, that their evidence is not ciple has been frequently acted upon, admitted in any American court of and recognized, by almost every na: judicature. But here we have not tion in Europe.
only this evidence, bad in its best form, The vague nature of the charge on admitted against the life of an indivi. which this individual was capitally ar
dual, but admitted on hearsay. A more raigned, must also strike every one. It gross outrage against all the rules of is so loose and general, that it may em- judicial proceedings cannot be conceibrace the whole conduct of the indis ved. vidual accused, and every action of But by far the worst feature of this his life, which by implication, may case is, that the members of the Court, be tortured into evidence of his guilt. struck with the cruelty of their first The advantages which this gives to decision, requested time to reconsider the malice of an accuser is obvious. it, and, on due deliberation, they reIndeed, no man’s life, however pure, voked the sentence of death, changing could stand against accusations pointed it into a lighter punishment. But this against it from such a commanding po- aversion to shed innocent blood did not, sition. There is no conduct which, up. it appears, suit the temper of General on such a principle, calumny may not Jackson ; he disapproves the reconblacken, first by a vague accusation, sideration of the sentence ; and, in the creating a prejudice, and then distort: face of a recorded judgment of a com.' ing every circumstance to favour this petent court, he executes this unhappy
VOL. XI. PART I.
victim of his relentless cruelty. We and vindictive. It is not the less iscannot conceive a more heinous pro- jurious, however, on this account, to ceeding : Such an act cannot be re- the trade of this country, and it degarded in any other light than as a mur- serves to be considered, how far these der under the most flimsy disguise. exclusive enactments for the exclu
In the transactions of the American sion of our navigation can be regardlegislature for 1818, nothing occurs of ed as politic, which draw down such any great or general interest. The a. heavy retaliations from other counmount of military force was fixed at tries. If we monopolize our naviga10,000 men, and the expences of the tion, other nations monopolize theirs, state for the year at 24,500,000 dollars. and this narrow and exclusive policy Various regulations were passed affect- thus becomes general. But it is surely ing commerce. Protecting duties were not for the advantage of Britain that imposed on linen and cotton stuffs ; and such a system should prevail. It is another measure was devised for retali. not congenial, either to her constituating on Great Britain the exclusion tion, or to any part of her domestic established by her Navigation Act, of policy. She has flourished in wealth all foreign vessels from her colonial and commerce, in consequence of the ports. It was accordingly provided energy, enterprize, and talent of her inby the American act, that the ports habitants having a free range. Her proof the United States should remain gress in commerce excited the jealousy closed against every vessel owned of other nations; and they imposed rewholly or in part by British subjects, strictions, because they were foiled in coming from any port of Britain or the contest. This conduct, on their her dependencies, which is shut against part, was quite natural. Monopoly the vessels of the United States. This is the resource of the weaker party. law appears to be in the strictest sense It is the expedient of the indolent and a measure of retaliation. It enacts unenterprizing, who call in the aid of nothing positive ; but leaves it entire. force, because they have no chance ly to the option of this country either when there is freedom. But it is not to leave a free trade with the United the policy of such a power as Britain, States, or a restricted trade, or no who has always outdone her rivals trade whatever. If Great Britain al- in fair and open competition. On lows American vessels to trade freely these general grounds, it seems eviwith her whole territories and depende dent, that Great Britain would always encies, the same privilege will be ex. possess a navigation suited to her extended to British vessels trading to tensive commerce, and to the physical America; but from whatever port advantages of her position. No artifiAmerican vessels are excluded by Bri- cial exclusion will ever enlarge her natain, from the same port will all Bri- vigation beyond this its natural size, tish vessels be interdicted from tra- and we greatly doubt, therefore, the ding with America. Every restriction, policy of these enactments, however therefore, which the navigation laws much they have been commended, the of this country impose upon the trade object of which is to exclude other and shipping of the United States, nations from a fair competition with virtually imposes a similar restriction British industry and skill. on the trade and shipping of Britain ; On the 16th November, the session 80 that this measure of the American of Congress was opened, as usual, by government is strictly a measure of re- an address, or message, as it is styled, taliation. It breathes nothing hostile from the President. In this address the President entered at large into an be given up, when an adequate force apexposition both of the foreign and do- peared to take possession of them. The mestic relations of the United States; execution of Messrs Arbuthnot and and in the commercial prosperity, the Ambristie was adverted to in the most abundant barvest, and the improving cautious terms; no opinion whatever revenue of America, he found ample was given as to that transaction ; it was topics for congratulation. With re- merely stated, that all the documents spect to Great Britain, he stated, that relating to it would be laid fore the as the commercial stipulations which Congress for consideration. With reexisted between them would expire gard to South America, the President in July following, the American mi- expressed his firm determination to adnister had, according to his instruc- here to a strict neutrality between the tions, proposed a new treaty to the contending parties. The remainder of British government, which had been the speech was occupied with matters received in the most amicable manner. relating entirely to the internal condiWith regard to Spain, the President tion of the United States, the transjustified the transactions which had actions with the Indians, the progress taken place in the Floridas, on the of the fortifications for the defence of ground that these countries afforded a the coast, and the increase of the refuge to the Indians, who from thence navy. In conclusion, the Congress is issued forth to ravage and destroy the congratulated in the accession of anorising settlements on the American fron. ther state, namely, the Illinois; which tier. He stated, however, that the forts was admitted in the course of the seized by the American troops would year into the American confederacy.
Treaty with Holkar.-Ruin of the Pindarees.-Reduction of Holkar's interior
Forts.-Pursuit of Bajee Rao, and surrender.-Settlement of his territories.-Gallant resistance of Captain Staunton.—Escape of Appe Saheb. Financial statement.
The war which was undertaken in in no transactions with any foreign the year 1817, by the British rulers power, and to whom, when required, of India, for the extirpation of the he should be ready to furnish a conPindarees, involved them, as we have tingent of 3000 horse. These, with seen, in other contests with several of some territorial cessions, formed the the native powers. But the feeble chief provisions of the treaty. By the and ill-concerted league formed at that submission of Holkar, the army was time by these powers for their com- left at liberty to pursue the original mon defence, was completely broken object of the war, namely, the destrucby the rapid and splendid successes tion of the Pindarees ; and such was of the British arms; and at the com. the activity and skilful combinations mencement of the year 1818, the con- now displayed in the pursuit of these querors of India had only to gather the military banditti, that they were cirfruits of their victories, and to pro- cumvented on all sides, and in their secute the war which they had so au- various attempts to escape, they were spiciously begun, to a successful con- intercepted by the different corps of clusion.
the British army, and put to death by The battle at Mehudpore termina- thousands. So wasted were they at ted the war with Holkar, who signi- last, and so discouraged by fatigue, fied his intention of submitting to such hunger, and the sword, that most of terms of peace as the British should their leaders were obliged to submit dictate. These were, that he should on the single condition, that their lives place himself and his dominions under should be spared, and that they should British protection ; in other words, receive a suitable maintenance in situathat he should forfeit his rank of an tions assigned to them by the British, independent prince, becoming a de- at a distance from their former haunts. pendent and ally of the British, with. It was found a difficult task for the out whose sanction he could engage leaders to reconcile their licentious soldiery to an arrangement, which de- extremely desirable that these strong. prived them of their arms, the imple- holds should be reduced, and that ments of their trade ; and it was not till every obstacle to the pacification of Mr D. Ochterlony agreed to employ the country should thus be removed. about 3000 of them as caralry in the This duty was committed to Sir ThoBritish service, that the quiet disper- mas Hislop, who speedily accomsion of these disorderly bands was at plished the reduction of all the forts length effected.
which were held by the different chiefs Having so far accomplished the ob- throughout this strong country. It jects of the war in the destruction of was in the course of this service that these corps of military banditti, a dif- he resorted to the dubious measure ferent distribution of the troops now of executing the commander of the took place, in order to carry into ef. fort of Talner, for defending this fect the ulterior views of the Anglo- strong-hold, contrary to the order of Indian government. The three dif- Holkar his sovereign. A fire had ferent chiefs, namely, Holkar, Bajee been opened against this fort from the Rao, Peshwa of Poonah, and Appa British batteries, and it was at length Saheb, Rajah of Nagpoor, who had resolved to force the gate of the place, taken the field against the British, and to storm it. The storming party had fallen under the irresistible weight had penetrated to the third gate, when of their power, and now lay at the they were met by the governor, who mercy of their conquerors. Holkar, proffered his surrender. The third as already mentioned, was degraded and fourth gates were then opened, in to an humble dependent of the Bri- and they were proceeding to the fifth, tish, and was besides stript of some when the garrison appeared mutinous, portion of territory. With respect to and demanded a parley. The gate the unfortunate Bajee Rao, it was re- was, however, finally opened, and a solved, that he should be deprived of small party of officers and soldiers hahis dominions, and that the sovereign- ving entered, they were attacked by ty hitherto resident in his illustrious the Arab garrison, when Major Gorfamily should be extinguished for ever. don and Captain M Gregor were imSattara, still the nominal capital of mediately killed. Lieutenant-Colonel the Mahratta empire, with the dis. Murray was also cut down and district belonging to it, was to be erect. abled, with two other officers, besides ed into an independent sovereignty, several soldiers who were killed. In the and given to the family of that name, end, however, the Arabs were driven while all the other dominions of the back; the place was carried, and the Peshwa were to be taken under the garrison, amounting to 700 men, were administration of the British, and an- put to the sword by the infuriated nexed to their already immense terri- troops. It did not appear, however, tories in India. Appa Saheb, Rajah from the minutes of the court-martial, of Nagpoor, under various restrictions that the commander was accessory to and cessions of territory, was restored this treachery of the garrison, and he to his dominions. The territorial ces- was therefore hanged, on the ground sions of Holkar comprehended a coun- of his having rebelled against his own try remarkably strong by nature, and sovereign, for whose honour and digfilled with fortresses besides, and Arab nity he was at the time, from a mistacolonies, from which serious opposi. , ken sense of honour, hazarding his life. tion was to be expected ; and it was The subsequent and regular surrender