Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1819-02-16

on the part Of tue Indian nations within
th ir boundary so shat Spain will NOT
suffer he, Indians TO attack the United
States. (d) Spain, then, is bound to
restrain her savage subjects, and is liable
10 pay all damages that may be sustained
by her failure; and should she fail, from
inability 10 suppress them. she Is still
bound 10 use all the means in her power,
and 10 furnish all The aid in her power, for
that purpose. The engagements OF
treaty impose a perfect obligation, and
give "a perfect right: righ, WHICH may
II necessary be asserted by force. (e)
Spain then agrees and is bound that the
Indians shall be suppressed, and the U
nited States have a right that the Indians
shall he suppressed. II is preposterous
10 contend that because Spain is unable
To restrain the hos.iiiies Of her Indians,
that therefore they are To- remain unres-
trimmed, when Spain has agreed that they
shall be restrained, antftlie United States
have right that they shall he restrained.
The consequences. of the inability Of Spain
Is, that be United States may use force
IN restraining the Indians of Spain and
have rigni TO al! the means OF effec,ing
that object thai Spain can furnish. When
the performance of the duties of Spain
devolvcs on the United States, they have
right 10 the means OF performing those
duties. Therefore, it the possession OF
the forts in Florida is necessary 10 the
suppression and restraint OF those sara
ges, the United States have a right TO the
possession of them.
/ The law of nations also recognizes The
right, arising from necessity, of seizing
place of strength belonging TO a neutral
power. and putting garrison into il,
, either for defending itself against an enc.
my. or for lie purpose of preventing him
in his designs OF seizing this place, when
the neutral government is moi able to de-
tend 1t. ~ The treaty with Spain Ger
tainly neither diminishes or weakrns the
rights of the United States. Ii increases
and strengthens them. The object OF the
article nEaer consideration il The sup
preston Of the hostile savagrs. This
object is TO be, aud must be, effect d.
The two nations have agreed and bound
themselves that il shall be effected; and
that agreement Is DIS to them d written
law oil nations.
Oar right being established, and the
! lncapacity of Spain To fulfil her obligation
notorious: The law of nations allowed The
United States, when they could not OBJ
tam due satisfaction by amlcable means,
or tOIesaw that il would be useless 10 TRY
cans IN pursuit Of their rights (e) In-
dee'i, the right claimed by the United
states was OF such a nature that specific
| performance of the agreement TO suppress
the hosiililies OF the saw ges WAS iUdis-
| pensable. Ii thai could moi he performed
Iy SPAN, II must be performed BY The
Cnlied States, " no would then be entitled
TO demand Of Spain satisfaction for her
failure TO perform her engagements.
II therefore seems Ia me Thai there can
be no doubt that the United States had a
right to enter Florida la pursuit of The
Seminole saSages; 10 possess the means
necessary TO restrain them and 10 res
| train them.
The mex, enquiry that I propose TO
| make Is, Hare the Constitutional po,cers of
| the President been, exceeded?
An honorable gentleman from Georgia
was of opinion that there should have
been declaration Of war agains, the
Seminoles. Ike says, "the war-deciaring
power has been snatcIJea from Congress. !"
Let me here remark, that think this obiec-
lion would have come better from any o.
ther quarter than fron the state OF Gsor-
gia, for The safety of whose people this
war has been commenced and pTospcui-
ed. would also remark, that this Objec-
lion would have come better from any o.
Their gentleman t..an him who made il /;
YET no doubt he makes il in obedience 10
what he now deems his duty.
On examining the jourDais Of the last
session, find, on The third of April, this
entry :" On motion of Mr.. Cobb, resolv-
ed, that the committee on military affairs
be instructed 10 enquire INTO The expedi-
ency oil increasing The pay of The militia
now IN service, or which may hereafter
lie called into The service oil the u. States,
IN the war now prosecuting against the
Seminole tribe Of Indians THIS was ten
days after the President had informed The
House that the army was authorised to
enier florIda.-Au acknowledgement that
war exists, is declaration oil war. " Il
appears, thai at iesst the gentleman and
ms House have declared the war. Ano
iher proof thai the war was authorised by
congress, Is found ID tie appropriation
Tor the pay OF the militia employed there
in. A third piece OF evidence. which will
prove satisfactory to The gentleman, is an
act passed IN pursuance of his resolution.
which recognizes the war against the
Seminole tribe of Indians" and is a COM
pieie declaration Oi war by Congress. az
But all this was unnecessary 10 enable
the President 10 make war against The
Seminoies : for defensive war need not
be- declared The state of war being suhi-
cienIiy determined by the open lostlliiies
OF The eneUy.O) Our war against The IN.
dams is defensive, although carried on IN
their own country, because we suffered
Tie first &c, of violence. w Should Spain
commence war against us after the rising
OF Congress, no doubt the President
with his fleets and armies. would he au
ihorlsed 10 fight. before HE .4eeiing Of
Congress, aud TO continue fighting, he
Tier The var WAS ever declared or not.
And we have p,ven TO the President q,