American watchman and Delaware advertiser. [volume] (Wilmington, Del.) 1822-1828, 1825-08-12

il is engraved in adamant on the common sense OF
mankind Having thus laid down the general rules
which apply 10 the subject, shall now proceed 10
inquire whether Spain stands to The United States
in the relation Of neutral or OF an ally. ne
first question is, whether the United States are bel
ligerant power engaged in lawful war! Some
doubt has been started on this subject from
the want Of formal declaration of it has also
been suggested, that the pursuit OF pirates is mat
ter of domestic police rather than OF war but on
this subject the practice of own government Is
full and to The point. Though the United States
have almost never since their independence, been
fully and perfectly at peace; yet IN all mat PERIOD
there has existed but formal declaration oil war.
| aude to that with Great Britain with the Bar
barry powers government has had years OF active
warfare Captures have taken place both OF enc
mys property and of that belonging to neutrais;
there have been bockades OF ports and interruptions
OF trade-and by what authority Only by force
of the fact that an armament has been placed IN
the Mediterranean by the President OF the United
States, as protection against pirates. On the
ground Of an &C, merely incidental to qualified
warfare has all this taken place. SO in regard TO
the Indian tribes there has been no declaration oil
war, nor has war ever been formally recognized.
The Constitution has delegated TO Congress alone
the power of declaring war and calling out the mi.
lita 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, actual or ap
pretended As to the war with the pirates, in 1925
had the same authority as the commanders OF our
fleets in the Mediterranean as the Generals OF our
armies. The force ordered in 1919, to defend our
commerce against Pirates, was, IN its nature and
authority, the same those before ordered against
the Barbasy Powers
| shall reler TO our domestic documents for the
practical rules to be observed towards foreign states
whether neutral or allied. And 1st in our Indian
wars they all originated, not in declaration OF
war; but in an invasion repelied. In 1910, during
our war with Great Britain. Gen. Jackson was or
dered to take Pensacola, If he found that the lnd-
ans were furnished by the Fort there with ammuni
ton and means Of offence against the United States.
This precedent alone is sufficient to justify me in
all that have done. In 1917, the establishments
at Amelia Island and Galveston were lorclbly sup
pressed. Amelia Island was in the undisputed pos
session Of Spain. Galveston was in the posses
sion of Spain, out within the contested limits Of
Louisiana The former was taken possession Of by
adventures, pretending some authority from one Of
the South American States. They had committed
no depreciation on the commerce possessions Of
The United States but the President apprehended
that they would be the means Of establishing an ex
nsiye system Of bucanerng, and in anticipation
Of piracy, be suppressed the establishment by orce
Of arms and military occupation. To illustrate
this statement, the counsel quoted from Niles Re-
giser Is vol p. 257, part Of the Presidents mes
sage to Congress, and another message in January,
1878 idem, y. 239. In these messages the prnci-
pie is laid down, that the weakness OF Spain was no
reason why the United States should submit to in-
uiss III, ough abuses Of her territorial rights the
jurisdiction of Spain ceasng at the point where her
weakness failed to maintain her authority The
principle is thus broadly enumerated which justified
the United States, bellgeI ant standing in dan
ger OF injury in taking forcibe means to prevent it.
The principle is more fully illustrated, and con
frmed by the proceedings of General Jackson in
Florida The war there consisted Of a mere defence
oil our frontier from the incursons OF certain Saya.
ges, called Redsticks, or Seminoles Ii soon
found necessary depart from the strict line of de-
fensive operations, and to pursue the savage to his
Businesses within the Spanish territory.
This the ordinary case OF irregular Indian
hostility, without any declaration, other concom
i,lnt Of war more formal than what subssted ir
that presented against the pirates in the West Tn
dies and Gulf Of Mexico. These savages are push
cd by their victorious pursuers to the vicinity of the
regularly earrsoned Spanish Fortress of St. Marks
which being well ssccrtained by the General TO ts
resort Tor the sasages, where they found aid ant
comfort, entered by our troops by violence, ant
oecnpied-(see Niles Register page Sill, 512.)
British subject domciliated under the protec
ton Of the Spanish law, who had acted as spy ant
incendiary was executed. The general then CARR
ed his victorious to Pensacola, which he seiz
ed without opposition; the garrison having retreat
ed TO the neighborng fort of Barancas, which wa
hercely attacked, and when on the point Of being
stormed, captuated Thus in possession Of tn,
capital and all the strong places of the province.
was treated as conquered country: civil and mil
itary governor was appointed and every arrange
rnent usual after conquest.
All this is explained, and most amply INDICATED
not as an act of hostility against Spain, but don
pyit In her bpiup mr. ned ha
her weakness, and not her will had tolerated tn
hostile acts complained of by General Jackson
Thus become possessed of one entire Spanish pro
vince IL canita and fnria and thinking the India