Star.
London, England, 1818-09-05 00:00:00

'APIERS.

PENSACOLA GIVEN UP.

r, JULY 27•

The President of the United States has,-we under-1
stand, decided, that Pensacola and the other Spanish
posts, which have been taken by General Jackson,
in the Floridas, shall be restored to the Spanish Aix.
thority ;
.but with a requisition, that the King of
Spain shall hereafter kelp such a force in those Co-
lonies, as shall enable him to execute with fidelity
the sth Article of the Treaty between the United
States and Spain. That article, so far as it affects
this subject, is in the following words
" The two High Contracting Parties shall, by *WM. means
lq their power, caintibt peace and liar:nosy mnang.the several
Indian Nations *bp Inhabit the country adjacenkto the lines
and riven, which, by. the preceding articles, form the boundaries
. of the Two Florida.; and the better to obtain this effect, both
pinks oblige themselves, 'expressly, to restrain, by force, all
hostilities on the part Of he Indian nations living within their
boundary ; so that Spain will not suffer her Indians to attack
the. Citizens of the United States, nor the Indians inhabiting
-their territory; nor will the United States Tomtit these last
oloodoold Wiwis to cotnincumitoolikies against the Subjects
of hi. Catholic Majesty, or his Indians, iii any planner whatever."
On the strict execution of this Article, on the part
of Spain, it is understood that the President rigo-
rously insists ;
.and that it Wai 'the failure to fulfil it
which produced the necessity if crossing the Spanish
boundary, during the present weir with the Seminole

These tribes occupy the binds -on eatiOnie of the
line between the United States and Pod& ; much
the greater part of them living within the limit'of
the King ,of Spain. They are neither citizens of the
United States, nor subjects of the king. of Spain.—
They owe no allegiance to the laws of either Power.
They cannot, therefore, be tried for treason' on ac-
count of their levying war against either nation,
within whose limits they dwell. They are the owners
of the soil which they occupy ; hold at least a quali-,
fied sovereignty over it ; and exercise, on all occa-
sions, the right of making war and peace. To this
purpose they are sovereign within the country which
they possess ; to this purpose the country is their
country ; and that country may and must, of neces-
sity, become the'legitimate seat of war, if the war
caanot be otherwise terminated.
This consideration becomes the stronger when it is
remembered, that it was owing to the acknowledged
incompetency of Spain to fulfil the stipulation of her
treaty with us, by restraining the hostilities of the
Seminoles by force, that the United States were com-
pelled to take up arms in their own defence. Yet
cosh was the delicacy of our Government towards
Spain, that the first order issued to the General coin.'
mottling in that quarter expressly forbad him to
cross the Spanish line. This inhibition was repeated
by a second order. But, as it was apparent that
diving the Indians beyond the limits of the United I
States was doing nothing effectual to extinguish the
war, since, in falling back within the limits of Flo-,
nix, they were still at home, with all the means of,
incursion and annoyance which they possessed at the,
commencement of hostilities ; a third order was issu-
ed, which authorised the American General, if the
Indians should present therr.selves in a body beyond
the line, to cross it, and attack them. Shortly after
issuing this order, a massacre was committed by the
Indians, which demonstrated that no alternative was
left for die United States, but to leave our -frontier
exposed to the mercy of the savages, or to carry the
war into Florida' and thus to do for Spain what she
ooafessed herself unable to do for ketself, by termi-
nating by force the hostilities of these savages. A
fourth order was therefore issued to this effect to the
American General ; but by the same order he was
expressly commanded. if tke Indians should sake
rouge under a Spanish fort, not to attack them in'
that situation, but to report the case to the Depart-
ment of War. Such has been the delicacy observedi
by the• United States towards Spain ; and no subse-
quent order, it is understood, has been issued, to en-
large the authority of the American General.
In attacking the posts of St. Mark and Pensacola,
with the fort of Barrsncas, General Jackson, it is
understood, acted on facts, which were for the first
time brought to his knowled,,,e on the immediate
theatre of war—facts which, in his estimation, impli-
cated the Spanish Authorities in that quarter, as the
instigators and auxiliaries of the war ; and he took
these measures on his own responsibility merely.—
That his operations proceeded from motives of the
purest patriotism, and from his conviction, that in
seizing and holding those posts, he was justified by
the necessity of the case, and was advancing the best
interest df his country, the character of General
.aeksen fa-bids a doubt. Of the important facts
alloged by him, satisfactory proof, it is understood,
has been already furnished to the President, and
proof of the other facts is courldently expected. It is
difficult to admit the belief, that acts so totally re-
gardless of the amicable relations between Spain and
the United States, so directly repugnant to the stipu-
lations of the T:eaty above quoted, and, in them-
solves, so hostile and even cruel, will be avowed and
adopted by the Ling of Spain. We trust that they
were the mere unauthorized acts of his agents. But
should they, contrary to all rational expectation, be
so avowed and adopted by that Sovereign, there can
belittle doubt that the means of annoying us from
that quarter will ere long be taken from him, by the
decistim of the competent Authority, to be restored
no more.

In the mean time, as Congress only have the power
ender our Constitution, of declaring war, and had
made no declaration agair.st Spain, it is understood
that the President does not feel himself authorised to
retain the Spanish posts, inasmuch as such retentior.
would be an act of war. It is on this ground, we un-
derstand, that the resolution has been taken to re-
store the posts, and to demand from the King of
Spain the punishment of those officers whose impro-
per conduct led to their seizure.
The Presider.t, no doubt, sees, in common with his
country n, the great advantages the United States
would derive from the entire possession of the Flo-
ridas ; but, confessedly great as these advantages
would be, he is not willing to gain them but by the
sanction of an act of Congress. To have .retained
these posts, under present circumstances, would cer-
thinly have had the eclat of being a street measure;
but we hope never to see a President of the United
States disposed to be stronger than the Constitution
of his country—for that is the palladium of interests
far more sacred, and of -infinitely higher import to