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

by bis own representation. refer YOU
to The capitalization entered into by Gen.
Jackson and the Governor OF Pensac ola,
which, with the exception of one irli-
| Gle, amounts to d complete cessiou o fthe
country 10 the u. States" 10 use The
Generals own language. How, sir. was
this effected BY the American army,
commanded by Gen. Jackson. Was II
III compliance with the wish and desire
of the Spanish commander? No, sir; il
was IN direct opposition, 10 his warning,
that he would repel force by force. which
| Gen. Jackson says " was so open an IN
dica,ion ofhostiIe feeling OIL The part of
I the. Governor, that he nor longer I,esiiai-
Ell on the means 10 be adopted.
marched for and entered Pensacola, with
| only The show Of resistance" La his let
| ter OF the 2d June, to the Secretary of
War, he details all the minutiic of invest
ing the fortress of Basancas; Of making
a Judgment under the fire Of the garrison;
oil mounting discrepancies and hosyiizer
batteries; and such other incide ots as
are attendant on most battles between
civilized nations. MIR. Chairman, il This
be not war, ! have always misunderstood
The term, although three years soldier
during what was then called war.
| Gen. Jackson, speaking oftlie captured
garrison, says, the terms were more ia
-vorablc than conquered enemy would
have meriied." He goes on, in the same
letter, To state the kind of governme ut he
had established, appointing revenue and
other officers, putting the revenue laws
Of The U. States in force /! By What an-
tl,ority has all This been done, Mr.. Chair
man Has il been The effect OfaAy acs OF
Congress, where the power alone is vest
ed by the constitution 1t is not neces.
sary 10 refer TO that instrument Ia show,
that TO Congress alone belongs The war
making power: every gentleman who
hears me knows il To be so nor will
consent 10 partition it. The inevitable
result of every. gentleman's unbiass-
ed enquiry will be, that war has
! been waged against a foreign power by
the u. States, without the sanction of
| Congress, where alone the right and The
! power constliutionally exists. And, in
| thus act of war, witness, 10 regret and
| deplore, the most unqualified intraetion
| OF The constitution that has ever occurred
since IFS adoption. Shall we, sn, who
represent the sovereignty Of the naion,
iamciy fold our arms, and acquiesce i'm
lie violation of that sacred instrument,
which, by our oa,hs and our interests, we
are bound TO support and maintain |
III our power, censurc the proceedings,
| and enact other laws, which canno, be
mlsconsirued. | fear even this remedy
| Will prove inefficient the constitution,
TO my mind, Is so plain and explicit that
he who runs may read.
The gentleman from Massachusetts.
referring TO the Presidents message of
the 25ill March last, says Congress was
apprizcd of the course about TO be taken
IN the prosecution of the Seminole war.
and that we had ample opportunity 10 in
ferpose aud prevent that course, IL II had
then been thought necessary, and argues.
that, as the opportunity was neglected, IL
Is now improper 10 take any steps in rcia-
ton 10 II. How does the case stand. i'm
! poInt OF fact, sir The order given 10
Gen. Games, which il was supposed
would aud ought 10 have governed Gen.
Jackson when he assumed The command,
| nnd which VAS communicated 10 Con-
%ress Win thai message, is explicit in re-
curing that =" the Spanish authority
should he respected wherever il is MAIN
tanned" Sir, need go intoa minute ey-
animation OF the documents 10 prove that
The Spanish authority was maintained
both III Pensacola and Barancas I? tllink
not. Gentlemen will lind. by examining
HE violence furnished by Gen. Jackson
himself, 10 justify the capture of fl,os..
places, very tar short olany definite proof:
ana the greatest number ot Indians said
10 have been IN Tie Beighb0rliood does
nor exceed 2OO, except upon The hrarsay
evidence OF VIM. Handy, who ceriilies
Thai he had understood that 500 had been
seen al Pensacola some time in the early
part OF tie year these, however, all
h"indlr down 10 one, az almost sHperan-
nuated Chief, who was found there Al the
| capture ef BaranCaS. Icannot conceive.
fhlh, how Congress could anticipate so
extraordinary II departure from orders. i'm
| The prosecution Of iIic war.
must nov beg leave, sir, to call your
| attention TO The other branch orilIis sub.
ject-l mean HE report from The mlitar,
committee. You have understood thai
The chairman differed from maioriiv of
the Committee, Which accounts for my
| feeble effort 10 sustain it. The first pro-
| position of the report is, that there exists
no law ofihc United States authorizing
! ihe punishment Of Arbuthnot and Am
brisier, by military tribunal. for lie
charges Of which they we're found gully
aud suffered death. The Rules ard Ar.
Iicle$of War alone contain Tie law hich
shall govern courts martial IN their pro-
cee'Ifngs and deny That any authority
! can there be shewn Tor The proceedings,
~ these eases, OF the court or command
| Jog general. The fifty sixth and seventh
| Antilles cannot be construed 10 extend to
| foreigners, but are evidently Intended to
| operate OF 0Ur own ciiizpns only, wlIo
slIaii bc found gun ~ OF aiding, abeiiiug,
comforting, or corresponding with The
| enemy. But tie law Of nations, say gen
| ilemen, authorizes retaliation on our enc
my; AID Tie same law says, where Sc
/ verify is not absolutely necessary. Gle.