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

without opposition; the garrison having
retreated to the neighboring fort OF
Barancas, which was fiercely attacked,
and when on the point of being storm
ed, capitulated. Thus in possession
of the capital and all the strong places
of the province, it was treated as con-
quered country: civil and military
Governor was appointed; and every ar
rangement usual after conquest.
All this is explained, and most amp
ly vindicated, not as an act OF hostility
against Spain, but as done virtually
with her consent: it being presumed
that her weakness, and not her will,
had tolerated the hostile acts complain
ed of by General Jackson. Thus be
come possessed of one entire Spanish
province, its capital and forts, and
thinking the Indian hostilities effectu-
ally checked, the General retired from
the field. But hearing fresh accounts
of renewed or threatened hostilities
from the savages, and abuses OF Spa
nish territory, to our prejudice, he or
dered General Gaines to take St. Au-
CUISINE, the capital ofanother province.
But as General Gaines was on march to
execute this order, he was stopped by
orders from the War Department; not
from any disapprobation OF what had
been done, but only in consequence OF
an arrangement with the Spanish Mi
mister to restore ST. Marks, Pensacola,
and the Barancas; after which, 1t would
have been inconsistent to SO on and
take St. Augustine.
Such are the principles which have
regulated our military operations a
gainst the British, the Indians, and the
pirates of Barbary. Having stated
these facts, it may be useful to put the
court in possession Of the circumstan-
ces under which these orders were Civ
en-, and the subsequent transactions that
took place; and here l may appeal to
the able and elaborate justification CIV
en- by Mr.. Adams, in his dispatches to
our Ministers at Madrid. These are
complete on this head; and / have now
only to inquire whether, in 1923 and
1894, the government of Spain stood
towards the United States in the same
obligation, or greater than in the lndi-
an war.
I have adverted to the act Of Con-
gress putting the squadron under my
command. Pirates are declared to be
the enemies of the human race-ene~
mics equally to all men; all men are
Justly considered as against them
Here, there is no 5elligerant..& neutral;
all are belligerant; nor is there any at
tribute Of war that does not apply TO
them. 1t is unnecessary, in support OF
this doctrine, to refer to authorities; it
is fully laid down in my instrue lions,
though in condensed form. Here
he quoted the following passage from
the letter of Secretary Thompson, on
whose legal acumen and attainments
he passed deserved compliment, da-
ted LIST February, 1928: j..
"You will announce your arrival and
object to the authorities, civil and mill.
tary, of the Island of Cuba, and endea-
vor to obtain, as far as shall be practi-
cable, their cooperation, or at least
their favorable and friendly support,
giving them the most unequivocal as
surance, that your sole object is the de-
struction of pirates.
"The system of piracy which has
grown up in the West Indies, has OBJ
viously arisen from the war between
Spain and the new governments, her
late provinces in this hemisphere, and
from the limited force in the islands
and their sparse population, many por-
tons Of each being entirely uninhabit-
ed and desolate, TO which the active au-
,hority Of the government does not ex-
tend. 1t is understood that establish
ments have been made BY parties OF
these banditti in those inhabited parts,
TO which they carry their plumber, and
retreat in time of danger. 1t cannot
be presumed that the government Of
any island will afford any protection or
countenance to such robber. 1t may,
on the contrary, confidently be believed,
that all governments, and particularly
those most exposed, will afford all the
means in their power for their sup
preston. Pirates are considered by
the laws Of nations, the enemies OF the
human race. 1t is the duty of all ma
tons to put them down; and none who
respect their own character or interest
will refuse to do it, much less afford
them an asylum and protection. The
nation that makes the greatest exertions
to suppress such banditti, has the
greatest merit. In making such exer-
tons, it has right to the aid OF every
other power to the extent OF its means,
and to the enjoyment, under its sane
ton, of all its rights in pursuit Of the
object. In the case of belligerants,
where the army of one party enters the
territory of neutral power, the army
of the other has right to follow it there
"In the case of pirates, the right OF