Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1818-07-28

al war. ~iioa would itself take measures
accordinsly.
Say then that these me,e The only or
tlers issued 10 The commanding officer,
ne see lie has net strictly oLeyeti then
Eni LEI thai point pass, 10 come 10 that oil.
national law.
No doubt, if pro.rssc,, neutral OBJ
serves only an ipsidIaus neutrality II lie
IN effect take sides with one power; If lie
receive and assist one heliigereui, il may
be good cause of war to the oiher-tut
HE sovereign authority onty has right 10
declare il.
We must consider Spain, either as a
belligerenf or a neutral.
No act of hers amounted to declara-
ton Of war on her part, so as 10 dispense
with the necessity o! II OH ours.
BY skclteriu. The flying Indians, Gf she
Gid receive theiu into Pensacola she may
have given us cause for war but uuIiiwe
denlaud saiisia, lion, and il is refused, we
caunoi justly make War: ii previous dvcla-
raiion Is required by The usayes ol ci,iIiz-
e,i nations.
This declaration must cmanaio from the
SoreyeigA authority -urtii wl,icii, We could
noi regard Spain aS . teiigeSrnf
Say Then that we regard her as a neu-
trails there M condition hat can just.fy
an aci OF war against Il mcn!rai! UnGuvs-
iionahly there are sone hard cases ot
this dcscripiiOn--iut lies, sp,iay from
HE principle of necessity. ,SutuS p0patt
est supreme lea.
rheruie Inns modified therefore is this {:
that beIlisefrnl is not justified ~ aliack
ing neutral, while tht neutra' character
Is admitted d no warts declared. hui from
necessity. . I'h"Ggh IL may seem iuperli-
nent here to treat of such as are rot c,,,-
cerued ia wan because against ti.eS:. II i
plain, That w ar liaIii no right al ALI: yet
seeing that many ouiragrS are cun,mI!tSd,
and many injuries done against Sacli, II
bOrdcreTS (by reason al the wary up0n
prcience OF necessity, II vii! uui be
much afnlsS briefly 10 repeat here What
hath elsewhere been delivered more al
large. In the FIRST place therefore we
must remember, THAI II is required that
that necessity HAT gives us a kind of rig M
10 that which is properly aDothcr's, must
he extreme 2uiy, That there be not "A like
necessity iii tn wight owner"i The thing;
3dly. II there be such an crtyeme necessity,
II IL plain that wc ought 10 lake TO more
than " hat our present necessity requires. -
Groiius, book III. ch II.
Now did The :,ecesS{ty iu our case Justify
the sinrming of Pensacola +? Was THIS au
extreme necessity Was this a case of iha!
great necessity" which Barbc rae re-
qulrcs before d belligereUt eau make l'i,D-
self " master of d place situated III neu-
trial country! Was the measure really
one OF self preservation, the first law of
nature" were we menaced villa dam
ger SO imminent, as TO justify an attack on
a neutral power? Was it urged By ii
danger sovasi and imminent, as 10 justify
the grossest violation of general princi
pies" ?-Edinburgh Rev. 1890. Expedition
against Copenhagen.
For, if any supposed advantage or in
jury to ourselves would justify aviolation
OF neutrality, we may justify every vio-
lent and ouirzs Gus act-Witness the me-
mOrable case of Copenhagen Would
The mischief that has been avericd, prove
Sc irreparablr" as 10 amount 10 "a jusiisi-
cation? is il sufficient HAT by the cap
ture Oi Pensacola Ourfroutier would have
been III danger of being annoyed, and
some Of our citizens slain i--Is the assiS-
lance given TO The flying Indians so great
as 10 have authorized an act of war plth-
mt Il previous decentralization one Semi
mole chief was found Ia The Barsncas--
WAS his presence so fatal as tn impose up
ON the General the me, cssily OF striking
VI
has mol even been understood thai he de-
mandeti that Seminole TO be gwen UP TO
him, or To be expelled for ever from Flo
rIda.
On this part of the subject, we ara in
want OF the iacis-but our Impression is,
that the necessity was not SO urgent as TO
justify an act Without Il declaration of
war, by the constitutional authority. But
II war was 10 be made, for Sliciiering t,r
Indians, IT was no. Tor d military comnan
der, but Congress that is Ia Judge al it,
But wha; We have 10 say OIL this cOus;i,u-
tional authority, will more naturally fall
under The last head:
4. Has the Executive right TO retain Pen
SacOia, &C.?
To take neutral fort, is strong case :;
10 retain it, and the surrounding coun
Try, TO appoint military governor and
even custom house over il, is still strou
ger. Gen. jackson vindicates the act
upon The plea OF neceSsity-ihat the Spa
nish authority is too weak to prevent The
Srmlng and cqulpplns of the indians a
gIanst us. We listen 10 this allegation
with stonislimeBt. We refuse all sort of
weight TO it.
What! SAYS our friend CIvIs, "afier
beating the Semlnoes in our own country
and in Florida, with The pow Of beating
them again and at all times, can IL b pre-
tended that Representations required lhat
We should overthrow the Spanish go
vernment IN Florida, and seize upon their
country" Where is that urgent necessi-
~ which national law requires Z? Better
surround Pensacola with Gordon OF
troops-snd keep The Indians IN awe. u,l
Ill the facts had been laid before govern
ment and justice demanded.
But-aHd we call The man who loves
or constitution To think Of 1.-THE III Of
Tie objection lies IN this: Who is To