Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1819-02-16


cannot declare war. that he can do moth
ing Tor the protection Of the nation, and
me assertion Gifts rights. The power 10
declare war, Is power TO announceregular
war, or war in form, against another pow
err. But II never WAS intended, by reServ-
ing this power TO Congress, 10 take from
Tie Presid mt the power to do any act
necessary to preserve the nations rights,
ana winch does not put the ration into a
stale of warwiili another power. If Con-
gfess. III addition 10 the power of declar-
ing war, assume 10 thems Ives the power
OF directing every movement Of the pub
nc torce that may touch neutral; or
inat may be made for preserving the ma
,ionai rights ; or executing the laws and
treaties they will assume powers given
to the President by the constitution. a
declaration OF war against savages is not
only unnecessary. but would be highly
lmpofiflc. u would be AN acknowledge
mcnt oftheir independence AN acknow-
iedsment that they may engage in war
in form that the usages of such war
apply TO hos1ilities with Them and that
ihey are entitled to the treatment of law
WI enemies. l contend that there can be
no such thing as war in form between
TINS nation aud tribe of American sava-
yes. A war waged by Indians against
me United States, can have 10 lawful
object. The only object Of such war
nnst be plunder, massacre, destruction
land revenge. And incursions commits
ted without lawful authority, or apparent
cause, and only for havoc and piliage.
can be productive OF no laW full effect
| 4 nation attacked by such enemies il I'M
der no obligation 10 treat them as lawful
enemies. They may be hanged as rob
| bers (,i) or bandtti.
~ The President has right 10 repel an
:1dian Invasion without declaration Of
war, as | have conlendod, then he may
lawfully enter even neutral territory i'm
pursuit Of the enemy without making war
| against that neutral power and conse-
quenily without war having been declar-
ed against such power. II the u. States
have right toeniertlie territory of Spain,
there To suppress the Seminoles, as have
| oniended, then The President may assert
| 'hai right; Tor The aci being no act Of war
against Spain, "a declarations of war is not
necessary 10 preeede or authorize its per-
torrance. Tbeexercise Of "A right is nei-
her war nor cause of war; nor does The
violence which opposition NAV render
necessary make il war. We may enter
ieuiral ierrltery ta,aita L au enemy we
may seize a neutral place 10 anticipate an
| enemy We Ray pass by force, when ne
! cessary, through ueuiral territory yet
he PLACE or territory is still considered
neutral; and therefore the &C, is not war.
lils right OF the nation is 10 be exercis-
ed by those entrusted with lis protection.
| Inc President is charged with 'he duty
| al asserting the rights oi the nation, and
he is furnished with The means. He Is
commander in Chief of Tie arm, and feet,
and u is his duly To see hat The laws
(which inrludr ireaties) be Faithfully ex-
eeuied tol He may therefore possess,
| On behalf oftheU States, iIaiever ano-
! lher power by treaty authorizes the L..
States 10 possess. He NAV do beyond
| he jurisdiction of the u. States whatever
| he law OF nations or treaties auihnrizr
the U. States there to do. He cannot
seek satisfaction by war. He cannot
make reprisals. But hemay assert spe-
cit1c right; or take possession of speci-
nc thing ciaimedby lheU. States. Thus,
the President, Madison, took possession
OF west Florida, claimed by the u. States
| and also by Spain. BY his order, VIII
! kiason. took the Fort OF Mobile from IA
spanish officer. Force was to have been
used, but the place was obtained by ca
pi'uiation. doubt not those proceed
lh@s had The entire appreciation of The
L -
called The claim of the United States 10
| that province. (p)
1 therefore conclude that all the right
which the u. States lad TO do the acts
which have been done in Florida, is vest
ed Ill the President, lie executive branch
OF the government.
ne next enquiry which ! propose to
make, is, Has Gen. Jackson Hansesatled his
orders, or r60iatsH The iov Of nations?
In examining Tins question: u IS neccs-
sary TO see, IN the first place, what were
his orders. On examining the orders un-
der which Gen. jackson acted, find
them 10 he as follows;
Goth Dec. 1917. 10 adopt the ncces-
Sary measures 10 terminate conflict which
II has ever besn tie desire of The Presi-
deli, from considerations of humanity,
to avoid; BIN which Is now made ncces-
sary by their settled IIos;tiIiieS."
. 10Th Jan. 1918 70 terminate speed
Ny the war with the SsuIlnoles; and will
EXEMPLARY PUNISHMENT for hostli-
tiesso mUproveked the honor of the u.
States REQ Tres IT,"
"29th Jan.1sls. To puia speedy md sue
ceSsfia termination To- ia Indian war"
9th Feb. 1918 10 terminate lie run
ture with The Indians as specify as prac-
ticable; TO restore peace on such cond,
tons as wall make il honOrGJle and parma
neHt. The HONOR Of our army, aud the
interest o! our conulfyrequire H."
ln an order issued previous TO all those
wl'icli have quoted, TO Wit, oil ghe 1911
Dec. 1917, ana Addressed TO Gen Gaines.
lie IS allowed 10 march across lie ilori
ia line, and attack The indIaus WITHIN lts
limits, should II he found necessary
mfcss Hes Shosu shelter themselves ~.
dera SPINS, Jorf. IL The last tyent, you
will immediately notify iiRs department"
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