Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1819-01-16

acter of hostility 10 Spain, but was warranted
by the law OF nations-by the treaty with
Spsiu, aud by tile first law OF nature-seif
projections. Had the Governor of w Florida
maintained tire neural character which was
confidently expected, and WHICH il was his
duty 10 have done, the Seminole war had here
ended, and our flag would not have beeu I'M
turied IN that territory. The Indian es,abish-
nients at biickasnky aud Suwaney broken np-
their villages burnt--tlieirs supplies cut otf-St.
Marks occupied by our troops, their power in
East FLORIDA war entireiy annihIlated.
tuthe hinicOnvicti0n that the wal WAS ended, ,
Ger. Jackson had ordered the Georgia militia
10 be uisbai,de,l, and was upon the point of
returning himself. with The tennessee and
kentucky volunteers, when he learned that The
oltsct oi the campaign was not. yet entirely
&reanl ,il> she'd
Tue yansIuished enemy. crossing Into West
f,otida, where the authorizes at Spain prov ed
iItleciie a. in the EASTERN province, rene ed
tbeir depreaations. by their icu,sions iuto
the adjoining territory of the u. States, aud
Committing murders upon our frontier setiiers.
tvciy circumstances, which not only justified
fIt. act, but winch rendered IL AN tnperfOus
sdu,y ,or him TO eater the Spanish territory of
East Florida, was equally applicable 10 tue
ect OF hts crossing The Appalachcoa TO break
down the power of the enemy in West Fiori-
da. But the conduct of the Governor, taken
~ connection with the circumstances which
induced the entrance iDto Pensacola, render
tdiis occupancy by General Jackson, if posi-
Die, YET mo.e palpai,ly necessary, than that
sons object, that he had not entered the Fiori-
dds IN hostility To SPAN. hut 10 do that which
span was bound To do. both by treaty aud by
the laws of nations, to give security to our
own citizens, within our own erIitory, lay des-
troSiiIg the power OF the savage foe The CO.
ve,hor OF Pensacola, in equal viUlati0u of the
l VS. OF hcuiraiity and of humanity, succored
tn sc enemies, supplied them with muhitions OF
war, sheltered and conveyed from the hard of
iHst,ce those of them, who were returning
from the bloody prey, anu when General Jack
son was executing tie righteous mandates ot
nm injured and indignant nation upon them,
the Governor commanded him to depart from
the territory threatening to oppose force by
iorce, should he not comply Thus circum.
stamced, what should General jackson have
done: ShOnid lie have been induced. by the
uuprovoked and gascouadtns nenaces OF
ioieign Governor, to retrace his steps! Or
should he have remained stationary, until lie
could have despatcheda messenger 10 the Exc.
3 cutvc, torinstructioBs how to actl This would
have I'LL become AN American general, whose
movements were sanctioned by the sacred
laws of nature and OF nations, and by the So
Semn stipulations of the foreign prince. as we'll
as by the authority OF his own government.
Should lie have lett il i'm quiet possession of
"A savage foe This would have defeated the
whole object OF the war. There was but one
course, in the opinion of the committee, which
lac could pursue, consistently with the honor of
the nation. and the safety of its frontier cti-
zens. The Governor of West Florida; by his
ownact, had become party with the savages
.
forfeited the right of sovereignty within the
territory; and the occupancy OF the Spanish
posts in that pr0vince, by sGenera Jackson,
was, III the opinion OF the committee, d sacred
siuty which he owed to himself. 10 his army, 10
the government, and TO his country. While
this nation scrupuiOusiy regards the dictates of
Justice, III her Intercourse with all nations,
civilized aud savage, IL is a duty which she owes
TO her own character and to the safety of her
citizens, To assert her rights and to avenge her
wrongs. In relation 10 these movements. il
appears to Your committee, that the Executive
has sanctioned the act of General Jackson, in
the occupancy of those pests, by requiring that
coalition. which The laws Of nations and the
treaty with Spain instify, in order 10 the restp-
ration of ST. Marks and 1t Pensacola is not
hs Id subject 10 the same condition. this does
not imply a REIMBURSEMENT OF the right. bat
should be regarded As the evidence OF an ami
Cable disposition towards Spain.
The committee now enter upon the other
point thai of the trial and execution of The
foreign instie ators, Arbnthnoi aud Ambrister
"a subject of more deicacy and tenderness
AS it involves the lives and liberties of ndivi-
dnais; yet Of equal magnitude, aud. in the
opinion Of the committee, of eqnal ciearness.
In ancient times, when barbarian more gene
rally prevailed, aud even polished nations
seemed UNCONSCIOUS OF the ties of humanity,
which ought ever to bind the whole family of
mankind III tenderness and affection. the prac.
tice obtained, OF putting TO death the soldiers
aud even the citizens Off vauqushed enemy,
by the sword, and even by public execution
life. and entaitiDg bondage upon their pos
Irriiy But the progress LIBERALIZATION, aided
by the Design influence of christianity, has. in
modern days, produced "a radical change,
hishi, honorable 10 the civilized world.
In consequence of this principle, il follows,
thar although, when one nation enters into war
WITH another nation, all the citizens of
those nations may be considered, in some
respects, As enemies 10 all the citizens of
the other; yet they have not right, in all
cases. when they meet, to act i'll hostility to
each oiheF; because women, children, and all
oibers who are exempted from bearing arms,
and those employed IN rural and other peaceful
occupations, nre not the proper objects ofhos
tiIliy; por is il admissible to take the lives of
those who fall into The power of their enemies
after they have surrendered because such act
IL now unauthorized 10y the laws ofnations and
ewes has been violation of the laws OF huma.
NIFTY. So, when armies meet i'll the field of bat
tie, the soldier, WHO lays down his arms and
asks for quarters, is entitled to his life aud
the same with garIisoDs and whole armies IL
they offer 10 capitulate, IN cases OF greatextie-
NIFTY. IL is an established principle of the laws
OF nations, universally acknowledged where
riVi!izatl0n prevails, that their lives cannot be
justly taken, unless their gross violation of the
rules oicivIiized warfare render Unnecessary to
Iiblct death as punishment for their ca Times
But death, IN such cases, is never the righte-
Gus fate OF unsuccessful war much less are
Peaceabie citizens, uuarmed, pursuing their
fawtui aVocations, subject to death, or anJ
other acts of hostility calculated to injufe
them, either IN their persons effects; be
cause such citizens do DOT sdfer iniury But.
from this general principle and universal prac-
lice among christian nations, another principle
arises, as universally ack owledged and equal
ny consonant TO the laws OF stature aud nations
that when nation, either savage or civilized
departs from these rules, and grossly violates
The laws of stations and Of humanity, retala
ton, or reprlsals. are always UNSUITABLE, often
nseini, ana sometimes essentially necessary, to
teach the offenders TO respect the laws of
IumaHlty, aud TO save the effusion of blood.
Insuch cases, where the guilty persons can
be taken aud identified, the punishment ought