Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1819-02-18

Ten oil the tories taken IN that ba,il WHO
had violated the tisages OF var, wer., I'm.
mediaiely hanged forihcir crimes. There
are other iiisiantes Oliver, prompt nun.
isllment having followed violations of,be
usdges "' war as the Immediate punish
,nen' oi lie enissaries sent ty SIR Henry
Si!nioh 10 corrupt TIE soldiers of The
fsnnSyiVania hue, and OF tie ri,,yl ;s,,ers
o. tie nluiiny of the Jc.sey irnops ubo
were, by order of General Wasi,nrion
shot Mitht ui the formalilyui ,iial lo)
VIII now, sir, say q few words in re-
ply 10 sonlc of the obs ryalit rs Of -rnile.
men VINO bave preceded ire on The on
pasite side OF the question.
My honorable colleague. vim m,ds
Inc report, lalr. Il. NJ. Neiscn) protests
against The power at retaliation bciu.r
vested IN commanding general: and
the honorable Speaker (Mr Ciay) s;,.s
The po"er OF retaliation is in ths,se VII,
Taise armies, and make rules ia, ,ha,r.
government. Congress has repea,o,j{s
acknowledged the uSages o.; war lei and
thr usages 81 war e%pressl, YES, ihe nnv
er inihe commanding general. Tn THIS
Congress OF ihr rev oitiloi t!rciared t.,e
power To be III The commanding general.
he ua'ule OF The power. vhiri, is motifs
nahe rnie, bur t. apply H. reGnir
.hh' " Should he vested IN ;he command
n's general, or ~ The President, aslcon-
niahaer IN chief. What is in b. dnnc2
u Is 10 be deiermin,d that retaliation i
necessary; the object for reialla,inn :.
10 he dtsignated, and executed Tl.,s
requires no legislative mower: for ti,r
rule exists by ,he laws al war. 4, re-
cures no judicial power: Tor tI,r rp,a,,a-
iion-We nov speak OF, is supposed MOI 10
iaii on particular guilt The ni,gi. Il
properly AN exercise of executive poMar
especially belonging 10 the general. ,.,r
The safely OF whose army il Is eyecule,r. -
aud who has the best means 81 ktlou,ny
ilsnecessity. There is no founl,,onlor
The claim which the honorahI Sceaksr
(Mr. Clay makes on the part 81 Congress
10 IN power of retaliation |, Is tine. Con.
gresN can max laws for tn government
OF The army IN all places !: bui the Laws
mus made Will be prospective; and
sh9aid innSress make rule on lie
s"hleci liberalization, fhr application Of
'pd' rus ('n WHICH consists The power OF
rr'aiiaiIon) must sui be i-li TO oilers
bu' Congress have not legislated on The
suoJect I'D me present case: HE laws Of
war furnish the rule, ana leave lis arI,ii-
cation 10 the commanding general.
IL Is urged by the Sp, akcr. iha, il has
been The uniform, usage az The couutrv
moi TO rcidliate Oh indians. answer
iha' IL ms we're SO, aS II * not, aud is.e
government or people, from bcuehc,nce
nave Renamed irom retaliation on The
saNaSes. desiring Ia gain them by kind.
ness, and that II Is now found Impracfi-
cable; II Is the more neces. ary, as we'll
as JusiIilabie. now 10 use The means Al.
lowed by The las Of nations. ,.Is Tor
The punishment OF an inhunan people.
such as the Semnolrs, tial this law Is nro.
Vlded. The writers say, LAS prince or
general has right of sacrificing the life
o! ms enemies TO his safety, and that of
ms men II he's engaged with On inhr-
man enemy, who frequently commit sucl,
enof'nii'es, he appears 10 have right az
refusing HE 10 some OF lie prisoners
ne may take, and of treating them as
MS were lreaied.YI3) This law is cbvi-
ousiy intended Tor the punishment Of
savages aud The more lncarrieitle the
Indians are. and the greater the forbcar-
ance Of the United States, the more ne
cesSary now is The exercise of The power
In question.
we ought not TO confound The right Of
retaliation with the right Of punistjnp
an enemy who has, or his own pcrsoG,
committed crimes against ib law 4 VA
IONS, and The usage OF war; aud whose
punishment Is, therefore,, >iricily jusr,-
All The persons punistied by The orler of
Jackson, deserved 10 die tor iiIclr own
proper crimes, and were not put 10 death
by way of retaliation, merely for lie
crimes Of Others
Let me again call the attention Of lie
commliiee 10 the order given on The l6ii,
OF JANUARY, under which General Jack
son acted: Tile honor OF the United
states rsqmres that HE war with Tie Sc
mInolcs should be terminated speediiy.
and with exemplary punishment for iosfiii
'Ies so HnprovokPd." We have seen that
Gen. Jackson, when acting at his own
discretion, has spared the yan1uial,ed
savages; even Those concerned in the
alroci0us massacre al Fort Mimms: But
his orders now directed him 10 infiet
exemplary punishment" He could nor
mlsundcrsiand lien. Would Won lav.
The Secretary Of War 10 be more expllciiS
Would yOn have him TO use tie lanouage
OF t1allepuS, or 10 write biz orders v,lia
blood {?
1t is said that ile Indian Chief wl,o
were hanged were not taken in battle.
but by slraiagcm. The gentleman (Mr.
Claw who Urges this circumstance A.
galust tic proprIeiy of iheir execution.
would DOUBTLESS, with more reason. have
urged the inprnpriety Of executing an
enemy, "llo had laid down lis arms.
when vanqushed IN fair combat, had
lLai been the case. Was Andre taken
in battle, or was he not taken bv strata
gtm. Were ihe eRiissaries OF Clinton
to tic mWiinecrs Of the Pennsylvania
Ihc taken ia battle, or were they not de.
llversd np by those 10 whom they csme9
WIZ The gentleman apply 10 Washington
The epuhet Vhich he nsinustes is due 10
Gen. Jacksont Does il make any ditier.