Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1819-02-25

~ "'sSSt iCaS'ns, Dten COETlUeI, DN tne
trainers OF the constitution. TO Cong ess ;
ana YET we have seen the province Of "a
nation with whom we were al peace, in
vaded-hcr for1r, sses bcsiegcd and storm
ed-her towns faken-the blood of her
citizens shed--iier government subverted
her laws abrogated-the civil power
usurped, and those soldiers who had been
placed there TO preserve her authority
and enforce her laws, sent off from the
province they we're intended to defend |;
ana all tins without any act Of Congress
10 warrant it,
II these were not acts Of war, he knew
moi what Vs.; and get, Ms he before OBJ.
served, Congress had not been consulted
lie had no hesitation in SAVING, thai this
was the most ffagrant and palpabIc viola
tion OF Tile consiIfutIOu-the most violpgf
encroaciimest upon The rights of That
mouse, which had ever occurred in this
country; an encroac}lment, too, moi de
pending upon literal construction of The
Constitution, but was the assumption OF "a
power eApr ssiy withheld from anv other
branch OF the government than Congress:
as such, he entered his protest agains, il.
and Expressed for II his most entire dis
approbalon. The constitution then. sir.
has been Violated: LEI us see whether
lhis violation has proceeded Immediately
from the Executive or from General Jack
SON
with regard to entering Florida, much
national law had been quoted 10 Justify
me measure but all those principles APP
ply TO sovereign powers, and only serve
10 siiew that this nation, in lis l,igl, sove.
reign capacity, would have had right
10 order IFS armies into that province.
without giving Just cause OF offence 10
spain. But where Is this sovereign DOW
er lodged by The constitution Of this oun
Try In Congress, unquestonably, aud
Iof IN me b.recat're. am not prepared,
however, To say that. being once involved
i"i"ar win the SemmoIes, the Executive
mar No right, even under our form Of gcv-
ernmeni. I" order The troops into Florida,
"i'h"Ht The consent Of Congress, as an
incident to that war. But here another
question viii arise, as Ia Ike power Of the
Ehcanilye Ia enter into that war, wiihou,
law. TIE wars which have heretofore
been naged against Indian nations have
always been against those within our
acknowledged Territorial limits. The use
'oi Inc army against them has resemble
more the case ct smppressing an internal
enemy, than waging foreign war. The
resident, therefore, has, under the au-,
thorliy of general law, exercised ihr
power OF calling out The militia, and send
ing against them The military force of the
Uhi'ed States, without particular law 10
authorize n; but surely the Case is very
aiNer nj III relation 10 Indian nations
without our territorial limits, and, as far
as regards US, IL all nicnis aud purposes
Independent. With regard To these, lie
mao no doubt the assent of Congress TO
me war, was as necessary by the constiiu
ion, as IN any other war whatever: al
though, he had no doubt, the omission 10
OBTAIN THAT assent, arose from the former
practice OF the government, and their moi
havIn: reflected upon the change in cir
cnmstances, wtich, in The present, in
stance, required change of that p;ac
tee. He was never disposed TO blame.
upon slight grounds, the Executive Ma.
gIstrate of the government. But these
Two iasi questions were entirely of do
mfstic nature, and were only differences
OF opinion as 80 The mode of exercising a
right unquestionably belonging to The
nation; and, as he before observed. iha,
SPAN had no right to complain Of the
entrance into Florida, so also she has no
right 10 enquire into the legality of this
war against the Seminoles. But, sill, re-
gard TO other acts in The progress of this
war, OF which Spain had just reason 10
complain, which might have invol, ed
nus nation IN foreign war, and bicl,
GA IN effect amount 10 a war OH her Dart
as aiiist Span, iei us again recur 10 til
original question. whether they proceed
rom The Executive, or were the acts of
General Jackson, upon his own rcsponsi-
bIity.
TO ascertain this, let us examine his
orders. They weregiyen 10 Gen. Gaines
on Inc 10Th OF December, 1917, and are
REFERRED TO III the order directing Gen.
Jackson TO take The command Of The ar
my. In these orders, Ihe Executive strict
~ conforms to The established laws of
nations: they permit The army 10 cross
lie Florida line, il necessary. but express.
W dIrccf That, If the Indians should wen
take sheliec Under a Spanish fort. and he
protected by them, moi 10 attack Tie
place, but to report ii 10 the War Depart
ment, and wait for further orders. Did
Gen. Jackson obey these orders ? Let
81. Marks, p nSacola and The Barancas
answer. Bot am not disposed 10 cen
sure Gen Jackson nnjuslly; there NAV
haye ben some reason for his taking 81.
Marks, notwithstanding lis orders. AS
Tar as the laws Of nations are concerned
u mighi certainly be jusfifirf by a mildcr
code than ihat from which he las drawn
bis definition Ola pirate. But where was
The necessity Of taking Pensacola and the
Jarancas Gen. Jackson himself shows
tiiSt there was none; for, in his letter Of
ne 2Otil ut April, lie states, that lie war
may be considered at AN end-tl,st ONLY
lew Rcd Sticks, &c. remained. who
were not formidable enemy. and that
even " tie war we're renewed. Tie posts
they then had, with only small mill arv
lorce, would he sufficient to restrain tLe
Indians. Iftbis be the case, where tbe
necessity of taking Pensacola General
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