"The laws of war, as embraced in the works of Brynkershoeck, Vattel and Wheaton, clearly sanction the principle, that all persons taken in battle, or who may be forced to surrender, whether officers, soldiers, or followers of the enemy's army, _are prisoners of war_. * * * "Among savage nations, it is universally known and admitted, that in war they have no _non-combatants_, excepting only such as are physically incapable of wielding arms. Every man, without regard to age or color; every boy able to fire a gun, or wield a hatchet, or an arrow, is a _warrior_. And every woman is a laborer, in the collection and preparation of subsistence and clothing for the warriors: all are therefore liable, when captured in a state of hostility, to be treated _as prisoners of war_." He declared himself "lawlessly taxed with this investigation, and lawlessly threatened with heavy damages and costs, and forced to be defendant, without any legal or rational grounds of action against him. I am (said he) authorized, in virtue of my official station as Major General, commanding the Western Division of the Army of the United States of America, to serve them honestly and faithfully against their enemies and opposers, whomsoever, and to obey the orders of the President of the United States, etc. Under this official pledge, I deem it my duty to afford every officer of the army whatever facilities may be necessary and proper, to enable them to perform whatever duty is confided to them by the President of the United States. In pursuance of this authority, I ordered Major Clark to furnish transportation, for enabling Lieutenant Reynolds, and the officers on duty with him, to convey the prisoners of war to the place of their destination in the Western Country." "But it seems that the counsel for the claimant has flattered himself that I should make the most convenient and accommodating defendant imaginable. I was expected to take _the responsibility_ of doing whatever the voracious claimant might desire, without coming into this honorable court. I take leave to apprise the court, for the benefit of all concerned, that I have never hesitated to assume the responsibility of _doing my duty_, or of doing _justice_; but I have not yet learned, while acting in my official capacity on oath, to take the responsibility of doing that which is _repugnant to law, unjust and iniquitous_, as I verily believe any favor shown to this claim would be." "The court appears to labor under the impression, that the negroes in question were captured by the Seminole Indians, in the course of their hostile incursions upon our frontier inhabitants. _Is this the fact?_ I will assume, for the learned counsel of the claimant, that he _will never have the temerity to assert that they are among the number taken from our frontier inhabitants in the present, or in any former war_."