The Portland gazette., 1818-08-04

From, the National Estslligsnsev Of Monday.

IMPORTANT.
The President Of the United States has,we
understand, decided, tha. Pensacola, and the
other Spanish posts, which have been taken
BY Gen. Jackson, in the E'loridas, shall be res.
tored 10 the Spanish authority but With a
requisition, that the King Of Spain shall, here
after, keep such force in those colonies, as
sbal enable him TO execute, with fidelity, the
illh article Of the treaty between the United
States and Spain. That article, so far as i. af-
fects this subject, is in the following words ~
"The two high contracting parties shall, by
all the means 10 their power, maintain peace and
harmony among the several Indian nations who
inhabit the country adjacen to the lines and riv-
ers, which, by the preceding articles, form the
boundaries Of the two Floridas; and, the better
TO obtain this effect, both partie, obligs them
selves, expressly TO restrain, by force, al hosi'-
ties on the part of the F1dion nations hrsng oith-
in their boundary so that Spain tca1 not suffer
her Indians 70 attack the citizens Of the United
States, nor the Indics ,rhabit,ng their territory
nor will the United States permit these last
toned Indians TO commence hostlities against the
subjects ofHis Catholic Majesty, Or his Indians, in
any manner whatever"
On the strict execution Of this article, on
the part of Spain. it is understood that the
President vigorously insists; and that ii was
the failure to fuhI it, which produced the ne.
cessiy ofcrossing the Spanish boundary, dur
ing the present war With The Seminole In
dians.
These tribes occupy the lands on each side
of the line between the United States and
Florida; much the greater part Of them living
within the limits OF the King Of Spain. They
are neither citizens Of the Z. States, nor sub
iects of the King of Spain. They owe no al.
legiance 10 the laws of either power. They
cannot, therefore, be tried for treason on ae
count Of their levying war against either ma.
tion, within whose limits they dwell. They
are the owners of the soil which they occupy !;
hold a, least qualified sovereignty over il and
exercise, on all occasions, the right of making
war and peace. To this purpose they arc
sovereign within the country which they pos
sess to this purpose the country is their
country and that country may and must, Of
necessity, become the legitimate seat OF war,
ifthe war cannot be otherwise terminated. -
This consideration becomes the stronger,
when it is remembered that il was owing TO
the acknowledged ncompeteney Of Spain to
fulfil the stipulation OF her treaty with Us, by
restraining fhe hostiiities Of the Seminoles,
bg force, that the United States were compel.
led 10 take up arms ia their o1n defence.
Yet such was the delicacy Of our government
towards Spain, that the first order issued to
the General commanding in that quarter, ex
pressly forbade him 10 cross the Spanish line.
This inhibition " as repeated By second or
der. But, as it was apparent, that driving
the Indians beyond the limits Of the United
States, was doing nothing efectual TO extin-
guish the war, since in falling back within the
limits of Florida they were still at home. with
all the means Of incursion and annoyance
which they possessed at The commencement
of hostlities, third order was issued. which
authorized the American General i! the To-
dams should present themselves in body, be-
yond the line TO cross it, and attack them.
Shortly after issuing this order, massacre
vas committed by the indians, which demon
strated that no alternatives were left for the
United States, but to leave our frontier ex-
posed to the mercy Of the sayages, or 10 car
ry the war iato Florida, and thus to do, for
Spain, what she confessed herself unable TO
do for herself by terminating 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 the Indians
should take refuge under Spanish fort not to
attack them in that situation, but TO report the
case to the Department of War Such has
been the deicacy observed by the y. States
towaEds Spain ; and no subsequent order, it is
understood, has heen issued. TO enlarge the
authority of the American General
In attacking the posts of ST. Marx and Pen
sacoIa, with the fort of Barancas, Gen. Jack
son, it is understood. acted on facts, which
were, for the first time, brought TO his knowl-
edge, on the immediate theatre Of war; facts
which, in his estimation, implicated the Span
ish authorities in that quarter as the insiigators
and auxiliaries of the war; and he took these
measures on his orpn responsibility, merely
That his operations proceeded from motives
of the purest patriotism, and from bis convic-
sion, that in seiziDg and holding those posts,