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

tanned, by one or two additional! re-
marks. II we retfe from the line; il the
Indians perceive that that constitutes an
insuperable barrier To our pursuit, the re-
suit will be, that either we must keep
force perpcftially on the line, or, whcne
yer wereiire upon the pursuit they will
renew their iicursipns into our county
We NAV pursue them again to The line a,
! gam they viii retreat across it thus will
| They be invited to continual repetition
| Of their daring ouirages, and thus, upon
| every new retirement of our army, vii!
The TIE of invasion again b. rolled upon
our TERRITORY, and our frontier b convert
! Ell into a desart by the devastation nfour
property, aud the indiscrimiuate ma sa-
/ ere OF our citizens.
| come nov, in the order Of my arga-
| inent. 10 the seconh question: tina: is, the
proprIeiy OF the occupation of the Span
| Isll posts of ST Marksand Pensacola, md
The fortress of Barrancas--anb first IL
| propriety, as between Spain and The 90
vernmeni of The United State and here,
SIT, al the threshold, l Will lay d wi,
principle, the correctness of Which,
presume, viii not be qnesti ned il ~
Tins: That, as ii regards Spain, if any aci
sila have been com miiiedw hic! amoEnts
10 war, II is To be considered "A public
war; regularly carried on by the sove
reign power of Me United States. The
different powers wiIicl, constitute the
whole mass OF sovereignty, originally re-
sident IN a nation, may be separated or
limited according TO It's will; in conform
ify with This idea, IN the distribution Of
power, the constitution of the United
States has assigned TO Congress iha, OF
making war. If the President shall ever
encroacli upon this constitutional pnwer
OF Congress, either by engaging, without
previous declaration, in an offensive
war, or IN the prosecution OF a defensiee
one, by committing any act of hostility
winch may amount 10 war, against ANEW
tral nation, any question which may al
rise out at such Violations of The cOnsti-
tuition, will be between himself and Con-
gress. But surely II cannot be compe-
tent for foreign power 70 open our con-
siiiulion, con true il for us, define The
distribution of the powers OF sovereignty
amongst The respective q partmenis OF
our government, and object that iiie Pre-
sident has impinged upon the sphere of
congressional jurisdiction. No, sir-as
between us and Spain, admitting foi the
present That wha, has been done amounts
Ia war, IL Is 10 be considered and treated
az public war, duly declared by the
lowed by all the consequences which
flow from one of that character. Assn
ming this, then, as principle, the United
States, as government, VIII stand iusii-
he'd, u we had just cause OF war against
Spain. Now, without recurring 10 am
Gent grievances, which have long been
the subject of negotiation between the
two nations, think, SIR. there are two
palpable c..lses OF war, of recent dale
HE firsl is, The violation OF her neuirali
~, during, and Immediately after, tie
late war with Great Britain, in suffering
her territory, as well az forts erected on
1t, 10 be made use of by our enemies, 10
our great annoyance; the second is vi
nlatson OF positive treaty stipulation, IN
rot only not restraining Indian hosihi- |
ties, bui, on The contrary, IN giving them |
counienance andaid. II does not require |
areterence to books 10 prove that VIOLA, |
ton al neutrality scause Of war equally |
plain Is The proposition thai the violation
at "a treaty stipulation is so TOO. Ii rests
upon This obvious principle; that posi-
Ave stipulation III treaty imposes per-
lect olIlgaiion on on0 party, aud comse-
quenliy vestsa perfect right IN the 9th
or for right and obligailnn are always
corrcla'ive. Now, the violation Of a per-
feet right is OH all hands considered as
legitimate cause OF var. But u will per-
lfaps he said, that, before wc proceeded,
we ought at least 10 have made demand
upon SPAN, and NOT 10 have req ried TO
force, until she had either refused or fail
ed to comply with that demand. If gen
iemeB will look into HE books on pub
lie law, they will find manv preliminary
Steps recommended on ordinary occa-
sions, befnre resort 10 the ultima ratio
FIRST, IT is sad, there are even cases in
witch, for the sake Of peace, we may re
nounce our right, and prudence consists
IN knowing them II needed not Tie au-
ihorI,y OF Vattel 10 give us this iniOrma.
lion-ihen, it's advised, fo-have recourse.
first, 10 negotiation, next 10 medlaiion,
AMI iilcn 10 arbitration. Bul Tie same
author tells us (I mean 10 give the sense.
ihongh II IS not far from literal quota
iioW HAT II is not always necessary, in
order 10 authorize the having recourse 10
arms, ttiai all the methods of recnncia-
iion have been rejected il is sufficient
Thai there Is ihe utmost reason To believe
That The Cuenly will not cnfer imio these
measures with sincerity that The issue
OF Them would mai he happy, &c. See
Vaiiel, page 346. Docs any member of
tile committee doubt that This would have
been Tie case with Spain II there be
one who does, refer him 10 our long
continued negotiation with Spain, in
which she has evaded doing us Justice
10 the fact, that during the late war with
Great Britain, the Spanish authorities i'm
Florida committed open violaliOhS OF ueu-
irallty +; that, after the termination of that
war, they permitted fort io continue,
garrisOned by negroes and Indians. 10 our
gres, annoyance: that they have, IN The
Seminole var, given countenance and aid,
as ] shall hereafter particularly show, to
the very Indians, whom they were bound