Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1819-01-19

-CtSutZeu savage, IL iva Outy which she 0NyQy
fo.her own character and TO the safety of her
citizens, TO assert her rights and to avepge her
wrongs. In relation to these mot tments. IN
appears To Your committee, that the Executive
has sanctioned the act Of General Jackson, in
the occupancy OF those pests, by requiring that
condition. which the laws. of i,atious aud the
treaty with Spain justify in order 10 the resto-
ration OF St. Marks; and it Pensacola is not
held subject TO the same c6nditien, this does
nor imply REIMBURSEMENT of the right, but
should be regarded as the evidence of an ami
cable disposition towards Spain.
The committee now enter upon the other
point; that of the trial and execution of the
foreign insiigators, Arbathn0t and Ambrister
Ia subject OF more delicacy and tenderness.
as II involves the lives and liberties of indivi-
duals; yet of eqnal magnitude, and, ia the
opinion ut the committee, of equal clcarness.
In ancient times, when barbarian more gene
rally prevailed, anu even polished nations
seemed unconscious of the ties of humanity.
WHICH ought ever TO bind the whole Family Of
mankind IN Tenderness and affection the prac-
tice obtained, ofputting to death the soldiers
and even The citizens of a vauquished enemy,
by the sword, and even hy public execution,
or OF holding prisoners OF war, in slavery for
me. aud entailirg bondage upon their pos.
teriiy. But the progress ofcivlization aided
by the benign influence of christianity has. in
modern days, produced = radical change,
highly honorable to the civilized worla.
La consequence of this principle. ii follows,
that although when one nation enters into war
with another nation, all the citizens of
those nations may be considered, in some
respects. as enemies TO all the citizeus of
the other; yet they have not right if all
cases, when they meet, TO act in hostility 10
eacb other because women, children and all
others who ave exempted from bearing arms,
and those employed III run al and other peaceful
occupations, are not the proper objects Of hos
TILT, Nor is il admissible 10 tax The lives of
those who fall into the power of their enemies.
after they have embroidered because such act
is now unauthorized by The laws ofnatIops. and
ever has been violation of the laws of hnma.
nifty. So, when armies meet IN the field of bat
tie, the soldier, who lays down his arms and
asksfo quarters. Is entitled TO his life and
the same with garrisons and whole armies if
tiey ofet to calituiate, in cases OF great extre.
NIFTY, II Is an established principle of the laws
OF nations, universally acknowledged where
civilizations prevails, that their lives cannot be
justly taken. unless their gross violation of the
| rules OF civilized warfare render il necessary to
iniiict death as punishment for their ca lines.
INT, death, In such cases, Is never the riglIte-
Gus fate OF unsuccessful war much less are
peaceable citizens unarmed, pursuing their
iawini avocatioHs, subject TO death, or any
other acts OF hostility calculated to injure
them, either In their persons or effects; be-
cause such citizens do not offer iniury But,
| from this general principle and uni versal prac.
| tice among christian nations, another principle
arises, as universally acknowledged and eqaal-
iy consonant to The laws of nature and nations
that when nation, either savage or civilized,
departs from these rules. and grossly violates
the laws of nations and of humanity retalia-
ton, or reprisals, are always justifiable, often
| useful, and sometimes essentially necessary 10
| teach the offenders to respect the laws Of
humanity, and to save the etfuSion of blood.
10 snch cases, where the guilty persons can
| be taken and identified, the punsninent OH sht
To tall exclusively upon them. Yet reprisMs
are not, necessarily, even confined to the per-
ms OF the guilty; but the laws of war Justify
the punishment OF the offending nation in any
OF the persons of the enemy. This nation. ever
regarding mercy as her delight, has heretofore
abstaiBed from the exercise of this power
though the prIuciple was recognized in the case
OF captain Asgiil, in the revolutionary war !;
AID by President Madison, in which it receiv.
ed the sanction of the legislature in the late
war. When at war with sava.es, who respect
no rule, and are governed by no laws whose
knewn mode OF warfare is iadiscIimipate MUIR
der OF all ages, sexes, and conditions, it is a
well established principle, that their crimes
may be lawfully punished ia the persousof anv
| of their people; and the citizens or subjects
| of any civilized nation, by engaging in their
warfare, either in personal hostility or by insti-
| eating, aiding and abeitims them, thereby
| identifying themselves with the sayares
| belong to their nation, during the contIuu-
| ance OF such engagements, and are, by the true
| and acknowledged principles OF the laws of
nations. subject to the same treatment. When
| rfprisals shall be made by INJECTING r. talistory
| punishment upon foreigners thus identified
| witlsavages, 1t is jusiifiable upon the prnci-
| pie OF reprisals alone, and not because they
! become outlaws and pirates for the laws Of
| nations: justify the citizens or subjects of
| one natien in entering the service OF another
| nation and during such service, thew are
| considered M parts of the patton which they
| serve, subject to the same treatment in all
respects, as it they were its natural citizens
/ or subjects.
Ii was upon this principle, that the MARQUIS
! de la Fayette. Barons Sieuben aud DE Kalb.
| and General KOsciusko, entered the American
| service in the revolutionary war, which was
Il. a
Great Britain, against France, Prussia, OF po-
| land nor yet a cause for regarding them
| in tie character of outlaws and pirates But.
| had these distinguished men fallen into the
| hands OfG Britain, the laws G fwar would have
| entitled them TO the same tenderness, aud sub.
/ Jecied them 10 the same conditions as native
| Americans. The same principle Is equally
| applicable to those wko enfer Into the service
| OF The Savages.
| The universal principle of savage warfare,
| elic'ied by their general practice, is that OF
| W" most cruel and aggravated murder not
0niy of their enemies taken in arms. but also of
| peaceful unarmed citizens, tender females, ten.
| der infants. 1t instances have been known
| wherein they have spared the lives Of pcrsof, .
| falling into their power, these Instances have
| been too few in number, compared VITA the
| nassacfes which they have committed, descldf
| ing whole settlements, aud numbering whole
| ger'isOns, 10 give an opposite character 10
| tlieir general practice.
J he desOaiion and ruin of the Wyoroine
| Setitmtuti ~ lhe revolutionary war. aud tie re-
| cent maSSaeres NJ Fort Mipms'and on theriver
RaiSih ~ perfect accordance with their genera
| history from the commencement of our nation.
al existence, furnish sufficient demonstration
| of this fact.
Alexander Arbuthnot was taken asa rest
dent among tie saYages, with whom, he had
| ideutlhed himself, by acting as ibeir agent
| exciting them 10 tile war; aiding, abcttine. and
| SUPPLYING them with the means of carryine il
| on. Robert &. AnbristeT was taken in ,heir
| actnal service, as leader and COMMANDER al
| their forces by which. rs we'll as by aiding.
L ahpillIR L.