The Portland gazette., 1819-03-30
SEMINOLE WAR, &c.
Concluded from our last. ]

The tendency OF these measures by the
commanding general, seems TO have been, to
Involve the nation in war without her con-
sent, and for reasons of his own, unconuected
with his military functions.
Your committee would be unwilling to at
tribute improper motives 1Shere those of dif-
fere"t character could be possibly Inferred, more
especially when il is TO affect character.
whose military fame - the pride and boast Of
the nation but even such character becomes
more eminentty dangerous, when be Gratis htm-
seB a6ove The n1gesty Of The laass i; declares the
public viii, and becomes the arbier between
the United States and foreign nations That
these high and transcendent powers have been
usugpet and erercsSed in the present case, it
appears 10 the committee, aacmtroueYttbla en-
dent from the facts adduced.
The Constitution declares, Article sec. 9.
8 Congress shall have power 10 declare war,
grant letters OF marque and reprisal, and to
make rules concerning captures on land and
water = surely ii was never designed by this
provision, that military officer should first
make war, and leave 1t TO Congress afterwards
TO declare il; this would involve an absurdity
that 1t is unnecessary to expose.--It is sufi-
cient to say, that The executive authority of
the United States, and much less subordin-
ate officer, has no power to change the pa
chic relations OF the nation The President
OF the United States IS bound constitutonally,
10 preserve the peace of the country, until
Congress declares it In state of war he
can only, while thus in state of peace, use
The military forces of the nation in three spe-
ciied cases, that is, 6 TO execute the laws of
the union; to suppress insurection, and repel
INVASION" see Constitution, article sec. 8 !;
also, the act for calling forth the militia, pas
sed 28th OF February, 1795.) Ii will not be
pretended that Spain had invaded the United
States, or that Congress had declared war a
gainst that nation, and Of course the relations
# peace dId exist between the two countries,
At he tlme Gen. Jackson took possession of
lhe Spanish possessions IN the Floridas; these
facts icing admitted, and they cannot be de-
nIed, the only question TO decide is, whether
The military conduct of Gen. jackson was not
var against Spain, and on this subject there
can be no room TO doubt. The capital of
SPANISH province is taken by the sword
fortress is invested and bomba rded, lives are
LOST, and the pace surrendered on capituIation,
the terms ol which are declared - more favor
able than a conquered enemy merted !" mill
,ary officers and men, as well as those in the
civil departments of government, are trans
ported to the West Indies, and the new gov
eminent established for the conquered coun-
try. Ii all these acts OF hostility combined, do
not constitute war, the committee confess
themselves utterly at loss for lis definition
or ii The fact be denied, the consequence OF
such denial will be a proof, that no war was
made by the Seminole Indians on the United
States, and of course, that inyason OF Florida
was an unauthorized act of aggression on the
part OF the United States. But the commit
lee will pursue this subject a little farther,
and examine the reasons offered by the 9th
Ger commanding, for taking possession OF. and
occupying the Spanish fortresses, more espe-
ciay Pensacola and the Barrancas. These
reasons are to be found in his numerous re
ports to the War Department, and his letter
to the Spanish officers who commanded 10.
the different tortresses, and are these: That
Spain had not observed her treaty stipuations