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


thing 10 do. Still less had <ivn. Jack
so1, a military otlicrr, nhose ,iuiv il Was
10 night the battles OF hiS country. 10 de-
eide the iUslice ot The war. III. treaty
WAS duly negotiated, and dnly ialifie, :
II received the assent, Girerlls. q! ,l.c
Presideui'ai,,i Senate, and indirecil, on.
also, by means of an ,ppropria,ioi, made
10 carry liz sIIpuisiiuns into etieet.
have been led, iur "a a.omenl, inio u di.
sreSsion. J viii re,ufu tuile subject, AND
Milla,,empt 10 Shew The charu,lCr OF The
CRIMES az hrbtihnOi AMI AmuriSicr.
SINCE u,e institution Of government, If
the citizen or s,,hlec, .! unr counrry' com
allt an ordinary outrage against HE sove-
ieishiy oi another, The mode of punish
iAent is aplam aud simple one, aud is, |
Deli ve, almost universally accuiesceu ia
ilir"ug HOAX the civilized world. II The
guilty person hc within the Jurisdiction
oi The oiiendcd sovereign, he, without
diihcuiiy, Furnishes HIM If he eScapr,
and rriu,u inio his own romriiv. his ON n
sovereign vii either mii,ci exemplary
punishment upon him, az, sometimes, de-
aver him up III The offended state, there
Ia receive iusiice. But, sir, If, instead o.
MS being. al ordinary crime, Il have 4 hos
Tile Character II IL tie an act 0f Mar, IN
allan, e"ii.s. oguntier HE auspices OF, The
"a eiules a! l.s eoun,ry against " hicl |, the
hostility Is Sonn'ilte'i, ii,cn il assumes a
dntreni aspect; u, Is either sanctioned
ny TIE naiion oil the person committing
u, az 1t Is 'uoi Iii be sanctioned, then IL
Is rause az "ar against that nation; If il
b'ho' ,lieii Tie person, by thus committing
an IL a! hoaii'i.t, Imparis Ia himself Ike
Character OF tie people Will who. he IL
,iies hiMscli. II they De civilized, he, in
common wilb them. Is entitled 10 the laws
OF .iNilzed war. II they be savage, in
Ike manner lie mhst be content, having
eHiiia:Ard himself upon The same bottom,
I" share the same fate. What that fate
nia? rishiiuliy be, will now be the sub
jt,i @! my enquiry aud here, sir, il will
De necessary 10 ascend 10 FIRST principles.
IN order 10 understand the rights of war,
III the various circumstances in hiciI
nations may be placed.
War;" says bynkershoeck, page y.
" Is contest by farce" The auil,or goes
OF 10 remark, thai every force is law full
In war; that II Is lawful 10 destroy an e.
nemy, though lie be unarmed and de-
tcnce!eSs; II is law fu To make use of
poison, missile Weapons, &c. in shot,
he adds. that every thing is Lawful! against
al enemy. This, then, is the original
aud fundamental principle of The rights
OF war. In the progress of time, as civi.
iIzaiIon advanced, and moderation and
philanthropy obtained greater preva.
lence, lie nations Of the earth have en-
grated upon THIS principle many moditi-
cations, the whole of which combin, al
constitute what are called the usages of
civilized warfare. Though, therefore, by
the original principle, Tie mere existence
OF var made every individual, and every
description oi property belonging 10 each
country, mutually md reciprucaliy hos
iiie, and subject 10 destruction in every
possible mode, yet, since the usayes Of
cIViiIZe'i warfare were introduced, certain
instruments OF war are altogether repro.
Daled, aud persons, as well as properly
Oh CERTAIN descriptions, aud under par
icItiar circumstances, are spared. Sir,
al The momept of expressing this scnli-
ment, behold one memorable eXcep.
tion To tins niiIgated rule, in an act. per
pniraied by nation conspicuous fer lis
ciVillzaiiop. see The caIiiol of my
country just rearing It's head from a heap
oi ram aud desolaIioI IN its destruction.
Il lasting monument of British OUTRAGE ::
IN disqualification, 4 magnificent emblem
OF The recuperative energy Of NV eouu-
Try Bat will let ile pail of oblivion,
!aii upon any painful recollections-I vii!
rrimra 10 nay subject. Those nsages of
civilized warfare, whicii mentioned a
moment since 10 the committee, are the
subject, though moi OF cypress, vet of
tarA compact they are founded upon
the Idta ot an equivalent, and based up-
in The principle OF reciprocal obligation.
iiius lie language of one nation 10 ano-
IN r l., spare my mGiIHmenis of art, and
VIII b~t rava@e your country: spare NV
people engaged in the peaceable pursuits
al agriculture, and Will spare your NO.
men AMI cliltren. Am | ask. q for !he
proof oil this II is found al once IN he
doctrine OF retaliation, universally recor.
nlzeh as sound principle OF pnbiic law.
IL, contrary 10 Tie rules of RlodeYn ssar.
yOn put my soldiers, when made prison
trs, TO death, in return NAV iDtlict the
sane severity upon yours If. by the for
iine OF war, They shall chance 10 fall iEio
my power; because, in his instance, as
You have violated yoar past Of tie com
pact, III relation 10 miligaied war, | am
consequently absoIved from nine, and
restored TO my original rights. What is
al exception merely in civilized states,
II ihe general rule iii relaiionto sayages !;
breause as they neyer acknowledge The
obligation of The rules of modern war,
ItrN are without die pale ofihe compact
ana can, therefore, claim no benefit from
y, But, as against them, sc have Il right.
u Ne choose, to exrrcise, IN lis fullest ex-
teal, HE original rHle which have inst
iab down. True Ills, sir, That sc do ex-
iend 10 item many Of tnr benefits of This
compact bnt II is1 graluitous ac, on our
parl, aud What, therefore, iIIey have no
right 10 demand Tor. in the language Of
bynkerslioeck, though Justice may br
insisted Oh ~ war, yet generosity cannot.
ihese, ilicp, are HE principles " iIich
'is the tate OF tic two men who we're ex-
ecuied; first, when you make common