Jenks's Portland gazette., 1802-02-22

tween twS nations Is completely produced By the act Of
onct requires concurrent act Of the other. 1t il i'm
poibe conceive, that BE- in full war
with anQih her ard this other the fame Rate with
refpeG 10 its adverfAry The moment therefore that
nations are, sbolute fenfe war; the public
force of each may exercite every act OF hotiity which
The gene laws nf war authorize, aganl the perGons
and property OF the other. As il rcfpeSts this conclu-
lion, The dfinctioa b-tween ohenGve and defenhve
war, makes 10 ference That diRincton i only ma.
teria dfcrimnate the aggrcGing nation from that
which defends telf aganl attack. The war il often
FIVE the part of the llate which makes il on :he
oppoGte ide defenfve bur the rights of BOTH as
to the p,rsfuTe of hoHility, are equal
It will be readily allowed that the Contribution of
particular country may limit the Organ charged with
the direction of the public force in the ufe or appca-
ton OF that force, even in time of actual war; bur
nothing fhort Of the rongca negative words of the
mott exprefs prohibitions, be admitted TO rs1rain
that Organ from 70 employing il derive the fruits
OF actual victory hy making prfonets Of the perons
ana detaining the property of vanquhed enemy.
Our Conilituron happily is Chargeable with 70
great an AbiurdIty. The trainers of it would have
buihed at provilion 70 repugnanr to good Eenfe 70
nconhitent with national sfety and Inconvenience
That nitrument has only provided afirmAtively that
" The Congrefs Iha have power 10 declare War II
the plan meaning OF which Is that it is the peculiar
and excuEve province Of Conges zv5su t5e IA isa - "
peace TO change that tAte into aie Of war; whether
from calculations of policy from provocaons or ia
ures received IN other words, be onps TO Congres
only, 10 90 Wa.-But when foreign alton declares
or oPeny and avowedly makes upon the United
States they then by rhe very fact al eldy u zgar
and any declaration the part Of Congres Is nuga-
tory is at eaa unnecefary This inference clear
IN principle, and has the fanetion of ellabhed prac-
ce. Ii is clear in principle, becaufe it is elfeydent
that declaration by nation sgsinh anoi her oro-
duces at once a complete fate OF war between both
and that no declaration he other 1e can At al va
her inF.wr-
known, that nothing is more common than when war
IS declared by one party, proecute mutual hoies
without declaration b. the other.
The do trine of the Mellage includes the orange
abiurdny, that without declaration ofwar by
Congref3, our public force may dearoy toe life,
but may not refrain the liberty, or cize the pro-
PertY OF an enemy. This was excmplifcd in the
very in0ance of The Tripolitsn coriar. A number
Of her crew were llaughtered in the combat, and
after Che was iubdurd (he was frt free with the r.
ma'nder. But It may perhaps be faid, that lhe vas
The aifalant, and that reGfance was an act of
mere defence, and fef preservation. Let Us then
Purue the matter ftep further. Our ChiDs had
biock2ded the TiPolitAn Admiral in ihs bay O.
Gibraltar iuPpofe, be had attempted TO make he
way out, without 6rft firing upon them finer
mittrd - 30 Il, the blockade was farce; IF hin.
dsrcd by force, this would hare amounted 10 more
than mere a6f of defen.e; and II a conbat had
eniued, We ihould then have tren an unp1u;voc
4
EtS bat nor TO aordge the liberty, or canture the
property Of al enemy.
Let Us iuppoie an inva6On OF our territory, pre-
vionI TO a declaration Of war By CoDgrrG The
principe ayowed 10 the melage would zathorize
our troops to KIN thole of he invader they liouid
come within the reach of their hayonets, perhaps
TO drive them into the fea, and drown them bat
not 10 difabe them from doing harrn by the nilder
proceis OF making them p,ifoners, and fcndir,g
them into confinement Perhaps il may be replied
that the fame end would be znftEercd by difarniae
and leaving them TO ftarye The merit of fuch Al
argument would &c complete BY adding, thar fhouid
they not be tami'hed, befo.e the arrival Of their
ihips, with frelh iuppy OF arms we might then,
II able, dilarm them tec0hd time. aai lend them
on board their 1eet. 10 return iafely home.
The inconvenience az the doctrine IN practice, Is
cot le!s Papable than its folly in theory III every
cafe 4 PreiettS mott unequal warfare II th.
ipitabce which has occurred, the valouiihed Bar.
baFlan got off with the lois Of his guns Had he
been victorious, the Americans, whufe lives might
have been iPared, would nave been doomed 10 wear
out "A mIrrabie exiftenc- In l2very and chains
Subttantal benefits would have rewarded his fnc-
oeis while On our fidc, life liberty and property,
were put IN Jeoplrdy, Tor an empty triumph. This,
however, was partial iDconvensnce--cafrs may
arlfe in which evils of more ferrous and compre.
henilve oa.ure would DC the fruits this vI6onary
and tantaitical principle e-Suppoft that, in the re
ceis ofCOngreis, foreign matatme power ihould
unexpectedly declare war againf the United States
aud lend fleet and army 70 feizs Rhode Hand, ID
order from tnence TO annoy our trade and our fra
port towns. Till the CoOgrefs Ihould a1cmble and
declare war, which would requiye time, our N ps
might according TO the hypothelis of the McGage
Be fent by the preiIent TO fight thoie Of the enc
my as often a. they fhould b. attacked, but not 10
capture and detain them; Ifbeaten, both vefIels
and crews would be loft to the United States If
fuccefsfu, theY could o0ly dfarm thofe they had
overcome, and muf iufer thrm to return to the
place Of common rendezvous, there 10 equip anew,
tor the PurPofe Of returning theiLd depredatons on
our towns and our trade.
Who could refrain the laugh Of derifon at pofi
tiors 70 prepoerous, were il not for the reflection
that IN the hT magitrate of Out country, they caR
bemth on our national character What will
the world think Of the fold when fuch is the flep-
herd LUCIUS CRASSUS