Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1819-01-30


never have been placed on our frontiers
I'm time ofpeace, il they could not be en-
ployed by the President to repel an in,a-
sion without an act of CoMgress If the
army OF the United States, during inva-
SION, were 10 remain Inactive untt Con-
gress could he Convened, 10 authorize
HEN TO act, they w0uid be worse than
useless. Taough ar, not in the habit
ot piacing much reiiasce on he admis-
sions OF my opponents, trust II will not
be insisted that the Presiden, hasnot the
power TO employ the army for the same
purposes as the militia.
The war having been commenced by
me SeminOles and their associates. AMI
the President of the United States having
the power, By the consiiiGi ion and laws
OF the U. ). TO meet aud repel tie enemy,
the enquiry is important, on icha. ground
he may meet them. differ from MANY
gentlemen inregard to The polIiicalrighis
OF the Indians. Whatsoever NAV he their
rights IN peace, either by natural or con
veniional law, an war deem them as sove-
reign. Their residence within the limits
OF the United States, limits TO which, they
nave never assented, neither brings them
within our protection, nor entities us to
their allegiance. The laws of the u.
States have no operation upon them, and
II they levy war, they are not punishable
as traitors. A tribe OF Indians. whose
territory is exclusively within our limits
may wage war and make peace with us,
pursue, capture aud destros us, send
and receive flags, grant and receive ca
pifuiatIons, and are entitled to recipro-
cation OF every act of civilized warfare,
ana subject TO the same rules Of severity
ana retaliation as other nations. To in
wade their territory and cross their line
is, as 10 them, passing out OF the Ii
nifs OF The United States. And if Gen.
Jackson had no right. IN this war, TO cross
'he Florida line, neither had he right TO
cross The Indian line within our limits
~ there Is any force in the argument so
oiten urged on other occasions, that ev-
cry war OF invasion is an offensive war.
ana one, consequently, which the Presi-
Gcnt could not wage without the authori.
ty of Congress, hen, il follows. that
congress must declare var before the
president can march the militia across
the indian hne, even yyitiin tie limits of
the Unitea States. Hut such consiruc-
ton Of The constitution is totally had.
missibie Niien q ar is commenced by
savages, I. becomes the duty of The
President 10 repel aud punish them. To
follow them 10 the line affords us no Sc
Gu ty--lhe Invasion ,uuo be effectual-
y 'epei'ed. oat By parsuing them into
Their own territory, rmt feiaIiating on
them there. Such has been The uniiorm
construction of the power of the Presi-
oenf, ever since the adoption OF the con-
sttu,lon. In 10 instance, that | recol-
itct, has Congress declared war againsr
an Indian tribe. The dvfsat of ST. lair.
and subsequent victory of Wa,ne, we're
on Indian territory. The battle al iip
pecsnoe, fought by my friend from OHIO.
with so mucl honor 10 himself and salts
faction TO his country, WAS within the
limits OF The Indian nation. lnneither of
these instances was a de Ia alton of war
deemed necessary by Congress.
1t, then. il be true thai this war was
commenced by these savages, we have
brought General Jackson and his army
up to the Florida line, S..,i, trust, with
out any material violation of the consul
tuition or laws ofihe United States. Let
us now stop and examine the ground on
The other side, before we attempt 10 pass
ii.
The territory of Florida, which the
General and his troops are about 10 enter.
from ST. Marks to Pensacola i'm length.
and from the United States 10 The Gulf
IN breadth, comprehends, probably, not
less than ten thousand square miles.
Spain claims ajurisdiciion over this tract,
as comprehended within the two provin-
ces; and il includes, am told, about
5000 Spanlards in all-2, 500 of whom are
III and about Pensacola, and the residue
scattered on the Cbociaw river, and few
,1rrasaing families on the Appalachicola.-
The number OF Indians there cannot he
well ascertained but far excecds the white
population. 1.-THE posses sions of the
Spanlards are exceedingly limited, and
ihelr jurisdiction is merely nominal The
Indians have, in fact, the possession and
the control.
But, suppose we admit that the SpaDi.
ards and Indians have concurrent iuris-
dicIloD. This is the most that can be
And upon this hypothesis.
what are the rights of the United States ?
The territory of these Indians is OH both
sides OF the Florida line. Their posses
sIons and residence are transient and ani-
bulatory, without regard to this llne.-
The nation, if such they may be called,
IS al war with It's, aud in this war they
can oc> dpy their territory in Florida in
spite Of Spain. Singular, indeed, would
" be, II we should be engaged in war
with an enemy, who had perfect right
10 be, where we had no right 10 meet him.
Spain claims jurIsdi, lion TO territory
occupied by our enemy she has no pow
or nor inclination 10 expeI him, and vet
il IS gravely said that this enemy cannot
be pursued TO this territory, without an
aci Of hostility against Spain. Uniortn-
nate, indeed, would be the condition of
The United States, ifa horde Of uuprinci-
pied banditii, holding residence OIL our
borders, could prosecute cruel and ex-
terminating war upon our citizens, and
hen take refuge across an ideal line.