Tour committee beg leare to call your attention partieal
to the case of R. C. Ambrlater who, after baring been auhli
to a trial before a court which had no cognisance or Jurladh
orer the oflfenses charged against him waa shot by the ordc
the commanding general contrary to the forma and oaaci
the army and without regard to the finding of that court w
had been instituted ss a guide for himself. •

Nor can your committee forbear including in their strict
the court-martial who sat on the trial of Arbuthnot and
brister. A court-martial is a tribunal inrested with lin
lurisdiction having for its guidance the same rules of evid
which govern courts of law; and yet Arbuthnot is refused bs
court-martial, before whom he waa on trial for his life,
benefit of the testimony of Ambrister who had not been put i
his trial at that time and whose evidence would have beei



Appendices 339

celved by any court of law as legal, If not credible. Biany other
exceptions might be made to the evidence recorded in these pro-
ceedings: particularly to the question put to the witness, Hambly,
namely: "Do you believe the Seminoles would- have commenced
the business of murder and depredation on the white settlements
had it not been at the instigation of the prisoner (Arbuthnot)
and a promise on his part of British protection?" Answer:
"I do not believe they would, without they had been assured of
British protection." A leading question is expressly forbidden to
be used by a court-martial by Macomb on martial law, and of
which the court must have 'been apprised as it is a work com-
mon in the army and usually referred to by every court-martial
when in session: and the question was calculated to elicit an
expression of opinion and belief from the witness rather than a
statement of facts upon which alone could the court act. Hter-
say evidence, in a case of life and death, your committee will
venture to assert, was never before received against the accused
in any court of this country and yet on the face of the record
of the proceedings of the court-martial, hearsay testimony is ad-
mitted which had been received from an Indian who. If present*
would not have been allowed to give evidence himself. 