Phenix gazette. [volume] (Alexandria [D.C.]) 1825-1833, 1825-08-09


on law Of nations, p. ll]-but 1t is un-
to pursue authorities further.
Our domestic documents are abundant
10 illustrate the doctrine. The lam
suage Of Mr.. Adams is emphatical,
and is in perfect accordance with that
Of his illustrious predecessors!"There
will need no citation from printed trea-
tises on International law to prove the
correctness of this principle ) 1t is en-
graved in adamant on the common
sense Of mankind" Having thus laid
down the general rules which apply to
the subject, shall now proceed to IN
auire whether Spain stands TO the Uni
ted States in the relation Of a neutral
or Of an ally. The first question is,
whether the United States are belli-
eerant power engaged in a lawful war?
Some doubt has, been started on this
subject from the want Of formal de-
claration of war: it has also been sug-
ees,ed, that the pursuit of pirates is a
matter of domestic police rather than
of war; but on this subject, the prac.
tice of our own government is fully
and to the point. Though the United
States have almost never since their
independence, been fully and perfectly
at peace; yet, III all that period, there
has existed but one formal declaration
of war. ! allude to that with Great
Britain; with the Barbary powers, our
government has had years OF active
warfare. Captures have taken place
both Of enemy's property and OF that
belonging to neutrals; there have been
blockades of ports and Interruptions of
trade-and by what authority! Only
by force Of the fact, than an armament
has been placed in the. Mediterranean
by the President of the United States,
as protection against pirates. On the
ground of an act merely incidental to
qualified warfare has all this taken
place. So in regard to the Indian tribes;
there has been no declaration Of war,
nor has war ever been formally recog-
nized. The constitution has delegated
to Congress alone the power OF declar-
ing war and calling out the militia
Under this last power alone has the
President conducted all our wars with
the Indian tribes. There has occurred
no instance where it has not been pro-
duced BY an invasion of the Indians, &C
tual or apprehended. As to the war
with the pirates, in 1928, | had the
same authority as the commanders OF
our fleets in the Mediterranean or as
the Generals Of our armies. The force
ordered, in 1919, to defend our COM
merce against Pirates, was, in its ma
ture and authority, the same as those
before ordered against the Barbary
Powers
shall refer to our domestic docu-
ments for the practical rules to be OBJ
served towards foreign states, whether
neutral or allied. And Is, in our In
dian wars; they all originated, not in
declaration of war, but in an invasion
repealed. In 1914, during our war with
Great Britain, Gen Jackson was order
ed to take Pensacola, if he found that
the Indians were furnished by the Fort
there with ammunition and means OF
offence against the United States
This precedent alone is sufficient to
Justify me in all that have done. In
lsI7,the establishments at Amelia ISL
and and Galveston were forcibly sup
Dressed. Amelia Island was in I'M
disputed possession of Spain. Gal
weston was in the possession OF Spain,
but within the contested limits OF Lou
isiana. The former was taken posses
sion of BY adventures, pretending some
authority from one Of the South Anne
rican States. They had committed no
depreciation on the commerce or pos
sessions Of the United States, but
the President apprehended that they
would be the means of establishing an
extensive system of bucaniering, and
in anticipation Of piracy, he suppressed
the establishment by force Of arms and
military occupation. To illustrate
this statement, the counsel quoted from
Niles Register, Is vol. p. 2s7, part
ofthe Presidents message to Congress,
and another message in January, 1918,
idem, p. 2ss. In these messages the
principle is laid down, that the weak
ness Of Spain was no reason why the
United States should submit to injuries,
through abuses of her territorial rights;
the jurisdiction Of Spain ceasing at
the point where her weakness failed TO
maintain her authority. The prlnci-
pie is thus broadly enumerated which
justified the United States, as belli-
gerant standing in danger Of injury, in
taking forcible means to prevent it
The principle is more fully illustrated,
and confirmed by the proceedings OF
General Jackson in Florida. The war
there consisted Of mere defence OF
our frontier, from the incursions OF GER
tain Savages, called Redsticks, or Sc
minoles. Itwas soon found necessary
to depart from the strict line Of defen-
siye operations, and to pursue the sa-