Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1825-08-11

raj to be resort for the savages where thew fona
aid and comfort, was cred by our troops by yio-
lence, and occuped-(see Niles Register page
BIZ, 3I2.)
A British subject dornocialiated under the protec
uon OF the Spanish law, who had acted as spy
and incendiary, was executed The General then
carried his victorious arms to Pensacola, which he
seized without opposition; the garrison having re-
treated to the neishborng fort of Barancas, which
was hercely attacked, and when on the poin, of
being stormed. capitula,ed. Thus in possession of
the capital and all the strong places of the pro
vince, it was treated as a conquered country
civil and military governor, was appointed: and
every arrangement usual after conquest
All this Is explained and most amply vindcated~
not as an act OF hostility against Spain, but as done
virtually with her consent: being presumed that
her weakness, and not her will, had tolerated the
hostile acts complained of by General jackson.
thus become possessed Of one entire Spanish pro-
vince, Its capital and forts, and thinking the Indian
hosiities efiectually checked, the General retired
from the field. But hearing fresh accounts OF re-
newed or threatened hostilities from the sayases
and abuses OF Spanish territory, TO our prejudice,
he ordered General Gaines 10 take ST. Augustine.
The capital OF another province. But as General
Gaines was on march TO execute this order he.
was stopped by orders from The War Department {;
not from any disapprobaion OF what had been done.
but only IN consequence Of an arrangement with
the spanish Minister to restore St Marks Pepsa--
cola, and the Barancas; after which, il would
have been Meonsistent TO go On and take St. Au.
gustine.
Such are the principles which have regulated our
military operations against the British the Indians
and the pirates Of Barbary. Having stated these
iacs 1t may be useful put the court in po.sessioa
oil the circumstances under which these orders we,o
gwen, and the subsequent transactions took place
and here may appeal TO the able and elaborate
Justiflcalon given by Mr.. Adams, in his despatch
es to our ministers at Madrid. These are complete
on this head; and have now only 10 inquire ,yhe
ther in 1928 and 1924, the government of Spain
stood toward the United States IN the sane oblira
ton, or greater, than in the Indian war.
lhave adverted to the act of Congress putting
the squadron under my command. Pirates are de-
clared to be the enemies 10 the human race-enemies
equally 10 all men; all men Justly considered as
against them. Here, there is no belgerant and
neutral all are belligerant; nor is there any ari-
butte of war that does not apply to then Ii isun-
necessary, In support of this doctrine to refer TO
authorities; II is fully laid down in my instruc-
tons, though in a condensed form, Here he
quoted the following passage from the letter OF Sc
cretary Thompson. on whose legal acumen and at
tanments he passed deserved compliment, dated
LIST February, 1921
6 Yoa will announce your arrival and object tc,
the authorities, civil andmilitary, of the Island Of
Cuba, and endeavor to obtain, far as shall lie
practicable, their cooper alton, or at least their
favorable and friendly support, giving them the
most unequiy ocal assurance that your sole object
Is the destruction of pirates.
The system Of Piracy Wig. h-s grown up in
Me West INDIES, has obvi9F-y arisen i-.mt the war
between Spain and the n9 governments, e.. late
PROVINCES in this helnispP re, and from the SAed
force IN the islands anu their sparse popumio1<.
many portions OF each being entirely unnhabited
and desolate to which tho active authority OF The
government does not extend. It is understood
that establishments have been made by parties OF
these banditi in those uninhabned parts, 10 which
they carry their plumber, and retreat In tine of dam
ger. II cannot be presumed that the government.
oil any island will afford any protection or coLnte
nance to such robber. ii may, on tie contrary.
confidently be believed, that all governments, and
particularly those most exposed, will afford all The
means in their power for their suppression Pirates
are considered by the laws Of nations, tie enemies
OF the human race II the duty OF all nations 10
put them down; and none vino respect their own
character or interest will refuse do it, much less
afford them an asylum and protection Che ation
that makes the greatest exertions 10 suppress such
banditti, has the greatest merit. In making such
exertions, it has rightto the aid OF every Other
power TO the extent of its meas, and to the en-
joyment, under its sanction, of all its rights In the
pursuit of the object. In the case OF beleeren,..
where The army of one party enters the territory of
a neutral power, the army of the other has right
10 follow it there.
% In the case Of pirates, the RICH, OF the armed
force of one power to follow them into the terrific
ry oil another, is more complete. In regard TO pi-
rates, there is no neutral party they being the enc
mics of the human race, all nations are parties q.
gainst them, and may be considered as allies
1t is unnecessary to go furher--bere is the tioo-
trne and the illustration, and in reference expressly
TO those against whom was to act; but did no,
rest in this--n COMP linnce with what deemed the
spirit of my Instructions, l established an UNDER
standing with the local governments, for which
refer the Court to my official correspondence with
them under date Of I'd December, 1929. lost no
time in establishing specific understanding with
the Governors of the Spanish Islands--they recog-
nized the meriiorious characer~of the war we exc
carrying on, and promised every aid and c-opera-
ton on their part to advance il: thus voluntarily
making themselves partses, as allies or co-belige-
rents. The case is perfectly clear. Tie United
States presented by officers are bound TO treat the
Spanish simply as allies transgressing their duty. II
may, perhaps be thought that there is difference
in this respect between the power of the President
Of the United States, and those who act in subor-
iinate commands. 1t has already been stated thai
we act not against Spain; but simply repel the ai-
ack OF the enemy through her The President Of
he u. y has OF himself no authority 10 make war.
That power is delegated by the constitution 10
congress alone. The President may, indeed, un-
Ter the authority OF the act OF Congress, giving linn
hat power, call out the force OF the nation 10 sup.
'ress instructions, and repel invasions; IN the
exercise of which last power, almost all the bei-
,erent operations Of the country, since the exist
nee OF the present government, have heen carried
~. The exercise of the belIigerent ri, 6, now ina
Question: is, in no degree, the exercise OF lutisdic-
ion Of peace or war; but merely incidental right
Il actual war, and as fully vested IN the lowest SUBJ
ltern, TO whose hands the arms oil our Republic are
ommtted, as in the President himself. The ONLY
Inference is, that the President, being Commando