Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1819-01-28

- ives cnucr spanish tort. In the last
errsi, you sctH Immediately notify this de-
parimsnt." Now. 40 far from iliis orders
giving authority 10 attack the Spanish
iurts, 1t must be considered as conlainiux
an cypress prohibition. And why MAS this
prohibition laid upon him ! For the hest
possible reasons--lS,, because the Pre-
sideni knew he could not give such am
order, leading directly to war, without the
authority o. Congressional, 2dly. to nut
Spain in the wrong. Had the Indians
been protected by d Spanish fort, there
would have been immediate cause afford
eel AM UPON which, when added la The
long list ioiher wrongs, Congress might,
II They chose, hasedcclareR ,rdr.
S:r. III us next examine the y punds on
winch Gen. Jackson excuses or justities
hinstl:, ami on which the Executive have
refused 10 censure hi:,.' aud may there
tore be SAID To Justify him. They have
bren already enumerated. They are, That
Spain did not observe her treaty, aided
am abcitad The Indians IN war, excited
them To war, furnished them with the
'ieaiis Of war, gave somc of them pr0tcc-
tion M then frrts, bought the fruits of
inen dcprc,laions, and general dcpar
Tune from strict " nemraicourse of their
conduct, o., M The NOR IS of the paper of
Isl, sat Spain neg tected 10 keep her
iico'S, asa; thereby became 4 party in
l!ie w..r; or,
2,:S. =" Was loo weak IN do so, and,
'hetiare, .5oveitcoi her right of sovereign
" tior iisiS Forfeiture should accrue
- ihe thih 1t States, III preference 10 Giiy
etaSr Daii0n. remains Vet I'D be explained.
examine i,r> The 5reach Of treatY by
Spa!n. beg leave iir>t To premise, that
We are npi now considering what is cause
" war With Spain. The question is not
between the United States and Spam.-
Whenever That question Is presented, |
shall be ready 10 deliver my sentiments.
Were ii necessary 10 decide upon that
GUS ION, should say that there was am.
pie cause of war. hope, therefore, no
gentleman Will suppuse me 10 be The apo
losSI Of Spanish wrongs. Spain has done
us manly and srievous wrongs. Even
when | have satisfied myself upon this
poihi, ii Is still, however, IA question of
g.ea, moment TO determine whether the
United States shall maize mar for those
wrongs. upon.tliat poin, also shall be
ready 10 deliver my opinion. But The
true question before us, is betw cen The
Uni'ed States aud its oUa officer. Has he
exceeded his authority? Has he, by an
exercise oil "smped powerS, involved, or
attempted To involve the people OF this
nation IN a war YthOu, their consent.
ueciared through their representatives
Sir, II Is my painful duty 10 say that Gen.
Jackson has, IN the cases under conside-
Ration snaiched from The people this most
Important right of making war ONLY by
their own consent, and that | camuot APP
prove OF the conduct of the Executive.
whose duty II was 10 have called him To
severe account, III tolerating this high
hauded act.
have yet 10 learn, that the breach of
treaty simply, and not followed by the
immediate commencement of open hos
filIies, Is itself car. |. is only cause of
,car p. Suppose Spain to have wituily
broken her treaty, can the General of The
United Siaies army proceed 10 commence
hosiliitirs Can the President himself do
IL No, sir, II Is only cause of ,va,', upon
which the war declaring power, which is
Congress, may proceedto deliberate, and
,hen declare war, as the interests of the
nation pay dictate. a nation may ex-
case breach OF treaty, especially when
II proceeds from wcakness-(Vailcl2 $50,
32S) This exercise of Judgment, and
discretion IN exercising it, belongs, of
course, 10 the war making power, i'll each
government Unless, therefore, General
Jackson possesse This power, he cannot
De luslih Il or excused
oi the same character are almost all
the other grounds upon which the cap
tnre OF HE Spanish posts is excused, such
a. ercitrrg the Indians to war, SUPPLYING
them ruth arms, giuing Information aad al
rics. amt, IN general, departure from neu-
t'w conduct, by which, as Is comiended,
SPAN became paTty IA the var with tie
ItaFt
direct aud open acts of war. They were
only causes Of 'uar. will not deny thai
il there had been what The writer's on ma
tioual law call a varike assUcialion-(Vat-
tei, 32t 328,) and resulting in the iornsa
ton of coH1RiSn eaHSe-ior instance, If the
y .,amisl authorities in East Florida had,
by agreement, united their interests and |
forces together, and either attacked us,
or thus united, repealed our attack upon
tile Indians, IN That event, We should be
compelled 10 make war upon them, by "A
7 gard 10 our own safety. No dcclara-
ton of war would be necessary. But,
will II be coniended any such association
was formed? Where is the Evidence of Tie |
alliance or association Where did the
Spanish troops attack or array themselves
against US, until we attacked iiiem And
even til. u, did they act i'll conjunction
with the iDdians ! appeal 10 the candor
of those who defend Gen. Jackson's con
duct, upon this subject. ask them 10
lay their finger upon The document which |
is TO establish the existence of such war |
Ike associafInn between the Spaniafds |
and Indians, as will identify them as C.
4uaily our encml s, according TO tie de-
Tuition given Of ilIls compact by He law !
of nations. II, tlIen, no Sucl, association |
lao # A.,
tho; riies in East Florida furnished no |
GlOre than ground gf complaint, OF, III 9th |
er vuIds, cause ~ Udr, upUn which This |
lii l.IiInu..1..