Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1819-02-23


we have deuel. viii add, and even If
we had gone much further, as we moi on
~ might have had, hut actually lad. the
very best reasons, we are no, accoun,a-
Die. eiiber according Ia the rciiimsryy law
oil nations, which regulates our .xieinai
rights and Obligations with other majors,
or according 10 The necessary law OF ra-
tions, which binds our conscience only.
Bot NOW THE question presents i;s,lf.
whether The occupation of these posts -
Juslihdbic as beiw The officer and The
government df his country The answer
To tins question, requires, that We take a
closer view of tlte~character o. the war,
and iic circumstances attending lis pl.,-
secntion. The facts in relation to 81.
Marks are substantially these Ftai The
com,nanhant ot HAT post lad Supplied
tire Indians with nAnitiors OF war--'rhat
Spanish sioFehouses were appropriated 10
fheir use, and filled with goods bplinglng
10 ipem-I'ha, the communicate permit
tel councils of war to he held by The
chiefs. IN his own uuarterS-Asd, sinalIv,
ihaf The commanding general had bfpn
informed, that ihr Indians and negroes
bad deniahded a surrender OF the post,
ana u was unprecedented that The garrison
was too weak 10 maintain II. la relation
10 Pensacola. these are substantially the
iacis That iudians were admitted into
that place BY the gnvernor-Ehat many
indians, who were known Ia De hostile,
AMI bad just escaped from the pursuit of
our army, were IN Pensacola ON the 18th
q! Apri-rhat The Indians were furnish
ed with ammunition and supplies, and
received intelligence of our movements
from liiat piace-'Fhai eighteen of our CT
iizens, who lived upon the AIabana,
were murdered by party OF Indians, who
were received by the governor, aud by
him transported across The bhy, that they
might evade our pursuit-And, finally,
the commanding general received pro-
test from the governor, ordering MIN 10
quit The territory of Florida, or that he
would repel force by force. Now, sir,
whether The occupation ofthese posts be
Justified or not, between The officer aud
tis government, depends upon tb9 light in
which we view the transaction. H. un-
der the circumsianc which have been
mentioned, the act be not ncompaii-
biz with the rights OF neutral nations, or,
II Tie conduct of the Spanisb authorities
be such as to make them associates in The
war, and thus 10 identity them win The
indIans--lD either OF these points 81 view.
the occupation would be iustI:iabie in
the first, because il would be AN aci Of
hostility IN The second, because, tho an
act oil hostility, il required no declaration
of war; for, every associate of my ea-
envy, Is, indeed, himself, my cneily -
aud whatever rights war gives me against
my principal enemy, the like il gives me
against all his associates. See Vattcl, b.
3, ch. 6. s. 95. If, on the contrary, it
fall not within either OF these descriptions, /,
but amount 10 o1easiuc hostility against
Spain, then The at, is not strictly iuSiiiia-
bic; because, the constitution provides
that Congress shall declare war, which,
IN this instance, was not done.
Lcr ns, then, first, inquire, whether tie
OF ST. Marks,> under The cir
instances, b. compatible with tie rights
OF neutral nations. The rule is Iai! DOWN
IN Vaitel, b. 3, CT, s. I22, thus - i.x-
IRENE necessity may even authorize The
temporary scizureoi place, aud The put.
iliis garrison therein, for defending IL
sell against The enemy, or preventing lnn
IN his designs OF selzlng this place, WHEN
the sovereign Is not able To defend IT,"
There IS strong reason 10 believe that tie
Indians did design 10 seize ST. Marks, and
that The SpanIsI, garrison Was not able To
defend IL. And, so far, the faCts hrin.e
ihis case within the rule just quoted from
Fa'tel. But The case seems 10 me 10 bc
deficient III The other requisite, that ~.
ot ertreme necessity. La previous part
OF Tie same section, II is Saln, That urgent
and absolute necessity suspendS all ile
right ofproperly and The author secas
TO intend To give an exe.Dplltcsilon OF
his doctrine ina case which ne immedi-
ateIy states that where an army must
perish, or never return 10 lis own c0un-
try, without passing through neutral ter
rliory, II has right TO force passage hv
The sword. II ihe case under discussion
be measured by this STANDARD, The occa-
sion, though strong, does mol seem So
come up 10 The required point, OF ertrcp,e
necessity Tie same remarks apply 10
Pensacola the necessity for he occn9a-
ton OF which, is indeed, not so strong as
that Of ST. MARKS.
The next enquiry is, whether the cnp.
duct Of tie Spanish authorities he sucli,
as to make them associates in the war: II
II were. they were, rs | have already re-
marked, equally our enemies with fire Ip.
dams, and liable 10 be treated as suci,,
without any necessity for a declaration OF
war. Faiiel, III B.3. clI. 8. 3. 81, say
= l account associates OF nv enemy.
those who assist bin IN his war, without
being obliged 10 IL, by ANY treaty." ~.
SIR, " G had been left TO this definition
lone, il might have been fairly coniendeG.
thatthe Spanish authorities were aSsnci-
aies because they assisted The Indians IN
tie war, IN various ways, which have a.
ready enumerated. But tie an,hor goes on.
afterwards, III The same sectiOn,lo explain.
more particularly. This general propositions.
and iroma case hlcli lic pul., aisl iIe ret
soning which follows, | acknowledge il 10
he my own opinion, iiat the assistance
afforded was not OF that character which
lie requires. 10 make them associates, so
as 10 apihoFize tile occupation Of those
posts without q declaration Of war. Con