Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1819-02-11

humanity, are universally binding except in
| the case of retaliation"
My duty now makes il necessary to apprise
you that tor the future, shall regulate my
condsct towards those gentlemen OF your army
/ VINO are, or may be IN our possession, exactl,
| oy the rule you may observe towards those oi
ours, who may be in your custody"
| = 1t severity aud hardship mark the line OF
! yoar conduct (palntul as II may be To mel your
! prisoners will feel its effects; hut ii kindness
| ana Humanity are shewn to ours. L shalt with
, pleasure, consider those in our hands only a
unfortunate, and they shall receive from me
| That treatment to which the unfortunate are
| ever eutitled"
Here, said Mr. J. the revolution was
commenced with the assertion Of The
principle, and terminated with its recog-
milton. II was solemnly confirmed by
the illustrious Revolutionary Congress,
who were afraid that the act OF mercy in
regard 10 Capt. Asgill, might be presun-
ed To disarm their commanding generals
eft the power of retaliation. On this sub
Jcct, having shown that the power had
never before been questioned, but from
the earliest date invariably asserted, il
was scarcely necessary To say more.
Are you, afraid, said Mr. J.. of your mil
itary commanders Let us cease TO APP
point aud maintain them-let us fol | our
arms and see who will fight our battles.
ke,s, rifles amt Cannon ~ defend ourselves
from violence, Ike lower of directing
| their mana cement must be trusted some
where. II Gen. Jackson be unworthy Of
his station, II is i'll our power 10 displace
him. Have We not almost omnip&tcnt
power! Aud five were not men of honor
and Integrity, loving wisdom, virtue and
| our country, might are not abuse power
and PROSTATE liberty Take from the
General the powec of Immediately head
ing our army in the field, and it must be
reposed somewhere else. When at war,
vii you attempt i'll person 10 lead your
armies TO battle Or, when armies are
contendmg and biood is lowing, are our
Generals 10 send 10 Congress. To knou
whether they shall exercise the power of
| retaliation, or whether they shall give or
refuse quarter? The power must be COM
! nliited to the commanders OF yourarmies,
| and If you are afraid 10 confide II TO them
you can have no army--for II Is not eX-
pected that we are 10 march TO Mickasu-
ky or to Suwaney, 10 ilg Ut The battles of
our country. Other duties are assigned
TO us and If we ASSUME those which be-
long 10 other Departments, Ike separation
OF powers III our government Is mere
nullity.
Gentlemen DIV eli or the danger Of act
ing on the principle of necessity. MIR. j.
admitted it. But was necessity alone
the fyiant's plea-or was il The plea of the
good man as well as the iyrant And is
the good man 10 fold his arms, and say,
necessity is the tyramt's plea and | will
therefore Surrender this right and this
power, which commenced with the foun-
dation of the earth, and is as old as time
itself! Mr. j. said, he was the advocate
OF mercy, not of cruelty; but il was of a
mercy compatible with justice, and not
that mistaken clcmency which is i'm itself
cruelty. Justice ought not 10 be lost
sight of III the pursuit of mercy. If is,
the foundations OF our government may
be overturned, and our weakness and im-
becility will invite that fate which has
overtaken the nations that have passed
away. Is it, said he, of the Caesars, the
Philips and the Cromwells alone, we have
reason to be afraid Let us rather avoid
The treatment of an ungrateful country to
BelIsarius-,et us avoid le example of he
banisiimepto of Arisiides-letu us rather fear
10 take from our aged warrior the only re-
coinpense he asks or can receive for his
services-the gratitude OF his country.
Is there no danger of this Has not the
lime arrived IN which we have reason 10
appreiiend IT? Joab, notwithstanding his
fidelity 10 David, was slain at the horns
of the altar and Saul could not bear 10
hear The praises of the gallant Captain
who had slain Goliath. | am equally "a
fraid, with the Speaker, of the ambition
OF a Caesar or Napoleon, should such a.
rise but am more afraid of that sickli-
ness of feeling towards convicted iDccndi.
aries which would show itself in ingrai
tude towards him who has rlskod his all
IN The service ofbis country, and has done
Tor ii so much. What reward does This
gallant Captain ask of his country? Does
he desire wealth No; he fought for
glory, for liberty, for his country lie
expected at least her gratitude-and now
il WAS proposed to hold him up, as an ex
ample to all mankind, of the danger of
incurrlng responsibility III the service of
the nation.
Mr.. J. then proceeded 10 remark on the
case of Major Andre, which was strong
| example of military execution in lie face
| of great difficulties major A. having
| come in with a flag, &c. and the irea-
son of Arnold only involving him in guilt.
| What was the fate Of that gallant aud dis
| tinguished young man 4? And who WIS
| the individual who brought him TO the
bar oijustice, and vigorously executed on
| him The sentence of a court m3riIalI What
was the foundation Of the proceedings of
the Board of fourteen general officers,
who condemned him 10 death 1t was
| upon the law of nations, and upon the
magnanimous, open and honorable con-
fession Of tie prisoner himself, that he
was condemned. 1t was no reason Why
we should divest ourselves of this right,
that it was moi recognized by statute. d. /.
What was admitted public law, what was
| indeed the common law of the world,
could gain no strength by being embo.
died in tie technical phrases of statute
law. The principle is universal, that in