aid them with an armed force, in order that they may drive thence the Spanish government, and establish that which shall be more analogous to their physical and moral constitution, the said two contracting parties oblige themselves to undertake an expedition which for that purpose is already prepared in Chili.

Art. 2. The combined army of the United Provinces and of Chili, directed against the actual authorities at Lima, and in aid of these inhabitants, shall cease to exist in that country the moment it has established a government by the free will of the inhabitants, unless being required by that government, and being suitable to the circumstances of both the contracting parties, the three estates of Chili, the United Provinces and Lima, should agree that the army remain for a period in the same territory. In that case, the generals empowered, or the other ministers of Chili and the United Provinces, must treat upon this point with the government which shall be esta blished in Lima; the execution of such treaties being always subject to the respective ratification of the supreme authorities of Chili and the United Provinces.

Art. 3. In order to avoid all cause of disagreement between the two contracting states and the new one which is to be formed in Peru, respecting the payment of the expenses of the liberating expedition, and desirous of removing henceforth all pretext which may be formed by the enemies of America, in order to attribute to that expedition inte

rested motives which are utterly foreign to it, both contracting parties agree not to treat of levying these expenses before they can be arranged with the independent government of Lima; the combined army observing, both till then and subsequently, such conduct as is conformable to its object, which is to protect and not to act in hostility to these inhabitants, respecting all which both governments shall give express orders to their respective generals.

Art. 4. The statements of the expenses of the liberating expedition and of the Chilian squadron which conducts it, from the time of its passing into the Pacific sea for that purpose, shall be presented by the ministers or agents of the governments of Chili and of the United Provinces, to the independent government of Lima, arranging with it amicably and conveniently the quantities, periods and manners of the payments.

Art. 5. The two contracting parties mutually guarantee the independence of the state which shall be formed in Peru, when its capital is liberated.

Art. 6. The present treaty shall be ratified by his Excellency the Supreme Director of the United Provinces of Rio de la Plata, and by his Excellency the Supreme Director of the State of Chili, within the space of 60 days.

Dated and signed in the city of Buenos Ayres, on the 5th of Feb. 1819.

ANTONIO JOSE DE YRISARRI. GREGORIO FAGLE.

Report

Report on the Seminole War. United States. Senate in Congress, Feb. 24.

Mr. Lacock, from the committee appointed in pursuance of the resolution of the senate of the 18th of December last, "That the message of the president and documents relative 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 inquire relative to the advance of the United States troops into West Florida; whether the officers in command at Pensacola and St. Mark's were amenable to and under the control of Spain; and particularly what circumstances existed to authorize or justify the commanding general in taking possession of those posts."

Reported; That they have, under the authority conferred on them, called for and examined persons and papers. The testimony obtained is herewith submitted. The committee, after the most mature and dispassionate examination of the subject, offer for the consideration of the senate, the following narrative of facts, and the opinions and deductions clearly arising from, and growing out of, the facts thus presented. On the origin of the hostilities between the United States and the Seminole Indians, the committee ask leave to remark, that the different savage tribes living within and on the borders of the Floridas, denominated Seminole Indians, were principally fugitives from the more northern tribes

resident within the limits of the United States. After the treaty of 1814 with the Creek Indians, a considerable addition was made to the number of those fugitives, as the Indians who were dissatisfied with the provisions of that treaty took refuge in the Floridas, cherishing, there can be little doubt, feelings of hostility to the United States. These feelings seem to have been strengthened by the influence of foreign emissaries who had taken up their residence among them; among them, as the most conspicuous, were Alexander Arbuthnot and Robert C. Ambrister. In this state of things, it appears that the executive department of the government deemed it necessary for the security of the frontier, to establish a line of forts near the southern boundary of the United States, and to occupy those fortifications with portions of the regular forces; and by these means peace was maintained with the Indians until the spring or summer of 1817, when the regular forces were withdrawn from the posts on the Georgia frontier, and concentrated at Fort Montgomery, on the Alabama river, a considerable distance west of the Georgia line. But it seems that about this time a border warfare was commenced between the Seminole Indians and the frontier inhabitants of Georgia. It is difficult to determine with certainty who commenced those hostilities, or on whom the greatest injuries were inflicted: general Gaines, however, demanded a surrender of the Indians who had committed outrages on

the

the frontier of Georgia. With this demand they refused to comply, alleging that the first and the greatest aggressions had been made by the white men. In consequence of this refusal, general Gaines was authorized by the secretary of war, at his discretion, to remove the Indians still remaining on the lands ceded to the United States by the treaty made with the Creeks in 1814; in so doing he is told that it might be proper to retain some of them as hostages, until reparation was made for the depredations committed by the Indians. In pursuance of this discretionary authority, general Gaines ordered a detachment of near 300 men, under the command of major Twiggs, to surround and take an Indian village, called Fowl-town, about fourteen miles from Fort Scott, and near to the Florida line. This detachment arrived at Fowl-town in the night, and the Indians taking the alarm and flying to an adjacent swamp, were fired on by the detachment; and one man and one woman killed. Two Indians were made prisoners; the detachment returned to Fort Scott. A day or two afterwards, as stated by captain M'Intosh, who was of the party, about the same number of troops paid a second visit to the same village (as he states) for the purpose of obtaining property. While loading their waggons with corn, and collecting horses and cattle, they were fired upon by the Indians, and a skirmish ensued in which a small loss was sustained on both sides. It is stated by captain Young, the to

pographical engineer, that this town contained about 45 Indian warriors, besides women and children.

A few days after the affair of Fowl-town, lieutenant Scott, with a detachment of 40 men, 7 women and some children, ascending the Appalachicola with clothing and supplies for the garrison at Fort Scott, when within a few miles of that place was attacked by a party of Indians; himself and his whole party fell victims to their fury, except 6 men who made their escape, and 1 woman made prisoner.

From this time the war became more serious: the Indians in considerable numbers were embodied, and an open attack was made on Fort Scott. General Gaines, with about 600 regular soldiers, was confined to the garrison. In this state of things, information having been communicated to the war department, general Jackson was ordered to take the field; he was advised of the regular and militia force, amounting to 1,800 men, provided for that service, and the estimated force by general Gaines of the enemy (said to be 2,800 strong); and directed, if he should consider the force provided insufficient to beat the enemy, to call on the governor of the adjoining states for such portions of the militia as he might think requisite. On the receipt of this order, general Jackson, instead of observing the orders of the department of war, by calling on the governor of Tennessee, then in Nashville, near the place of his residence, chose to appeal (to use his own expressions)

expressions) to the patriotism of the west Tennesseeans, who had served under him in the last war. One thousand mounted gun men, and two companies of what were called life guards, with the utmost alacrity volunteered their services from the states of Tennessee and Kentucky, and repaired to his standard. Officers were appointed to command this corps by the general himself, or by other persons acting under his authority. Thus organized, they were mustered into the service of the United States.

About the time general Jack son was organizing this detachment of volunteers in the state of Tennessee, or, perhaps, previously thereto, general Gaines was likewise employed in raising forces among the Creek Indians. There was this difference in the two cases-general Jackson raised his army in disregard of positive orders; general Gaines, without orders, took upon himself the authority of raising an army of at least 1,600 Creek Indians, appointing their officers, with a brigadier-general at their head, and likewise mustering this force into the service of the United States.

occasion. There was no law in existence that authorized even the president of the United States to raise or accept the services of volunteers. The law passed for that purpose had expired in the year 1815. The constitution of the United States gives to congress exclusively, the power of raising armies; and to the president and senate the power of appointing the officers to command those armies when raised. The constitution, likewise, gives congress power to provide for calling forth the militia to execute the laws of the Union, to suppress insurrections and to repel invasions; but reserves to the States respectively, the appointment of the officers. In conformity with the last recited provision of the constitution, the congress of the United States have passed laws authorizing the president, when the contingencies above alluded to should happen, to call on the governors, or any militia officers of the respective States, for such portions of the militia as he might deem requisite for the occasion; and in strict observance of these laws, was general Jackson ordered to call on the governors of the States adjacent to the seat of for the requisite militia

force.

It is with regret that the committee are compelled to declare, that they conceive general Jackson to have disregarded the positive orders of the department of war, the constitution and laws; that he has taken upon himself, not only the exercise of those powers delegated to congress, as the sole legislative authority of the nation, and to the president

and

and senate, as it relates to the appointments, but of the power which had been expressly reserved to the States in the appointment of the officers of the militia; a power the more valuable to the States, because, as they had surrendered to the general government the revenues and physical force of the nation, they could only look to the officers of the militia as a security against the possible abuse of the delegated power. The committee find the melancholy fact before them, that military officers, even at this early stage of this republic, have, without the shadow of authority, raised an army of at least 2,500 men, and mustered them into the service of the United States; 230 officers have been appointed, and their rank established, from an Indian brigadiergeneral down to the lowest subaltern of a company. To whom were those officers accountable for their conduct? Not to the president of the United States; for it will be found that it was not considered necessary even to furnish him with a list of their names; and not until the pay rolls were made out and payment demanded, were the persons known to the department of war.

And

in this place it is proper to observe, that general Jackson seemed to consider those officers, of his own creation, competent to discharge all the functions of officers appointed by the authority of the general or state governments; for we find five of them detailed afterwards to sit on a general court-martial, on a trial of life and death. Might not, on the same principles, general Jack

son have tried, condemned, and executed any officer of the Georgia militia, by the sentence of a court-martial, composed of officers created by him and holding their assumed authority by the tenor of his will?

Your committee will dismiss this branch of the subject, by observing, that consistently with the character and genius of our government, no officer, however high or exalted his station, can be justified for an infraction of the constitution. It is an offence against the sovereignty of the nation; this sovereignty being vested in the great body of the people. The constitution is the written expression of their will, and above the control of all the public functionaries combined. And when that instrument has been violated, the people alone have power to grant the indemnity for its infraction; and all that can be said in favour of the officer who transcends his constitu tional powers must be taken, not in justification of the act, but in mitigation of the enormity of the offence committed. With this view of the subject, which they conceive to be a correct one, the committee have in vain sought for an excuse for the commanding general. He has stated in his letter to the secretary of war, assuming the power to judge for the national legislature, that a volunteer force of mounted gunmen would be the least expensive and the most efficient. duty was, to execute the orders of his superior officers, not to disobey them; to observe and enforce the laws, not to violate them; obedience and subordina

His