Constitutional Whig. [volume] (Richmond, Va.) 1824-1832, 1825-06-14

= 'o i'u'0uious conceit--a more preposterous pre-
nSon' never entered the brain of any man. in his sobe
senses and to manifest the glazing absurdty of th
'nos'absurdru which the Commodore pronounces to
principle OF international Law, it is only necessary 70
one moment to reflect the consequences that neces
Sary How from it, for it would grant to the Commodore
and every officer in the service of the United States
VINO chooses to imagine that pirates have fled for reo,
INTO the territorial limits of Span to invade her
SONS, In hostile manner and if the local authorities
refuse TO seize the suspected williams and deliver them
up, TO attack them engaged in one common causeto
ourn their villages, and according to the doctrine
pounded by the Commodore, ''to execute them forth
with, without the formay ola condemnation -
standing the provision made by the Laws of tbe Tn;t
States for their trial aud punishment 1t is o.re,t mis-;
fortune that this humane rule of the sNIarine
not been enforced with more rigor and severity dr;
the late administration; the world would have been ria
ofmany ofthcse cndlike and execrable wretches am,
many thousands of dollars might have been saved ,o ,,
Government That we have Just cause of war apa;ns,
SPAN, cannot be questoned-nor-can it for po,nen,
DE doubted that at libertysf,s abandon ,oo,
ground OF complaint, and "forget an iniury but no
tion ought to resort to violence unless every efor @
oecn made to adjust its differences-'Tbs has mn,
oeen DONE and if had, it would have conferred no
or or right on Commodore Porter to invade the
sions OF Spain without express order yattel after STA,
ting that the right of making war; is vested in the
reign alone, lays it down as rule of public law in ,
23lst sect 18th chap. Bird book .stlat soldiers can nm,
dertake nothing without the order either EXPRESS mr.
'dci' OF their officers. Obedience and execution arc
e prov 'hce; lhey are not to act their own opinions;
eS are ohiy instruments in the hands OF their com
'a'ucrs' Let 1t be understood that by tacit order
"'eo" "e substance Of 'ctt IS included in an eroess
o'"e'' ana what is said of soldiers must also be under
s'oou OF oD'cers, and of all who have subaltcrn COM
'""u' ana ChaPt 18th sec. 223, he says etbat pene
ans ohcers, soldiers, and those who fit out private
s"'FS oil war, having all commissions from the sove
'eish' make war by particular order.n If Commo
or'er or any other officer had the right TO decide
""e'heF an insult or injury received by US was ust
CRUST oi war; our country would be forever involved
IN all The horrors evils and disastrous consequences
ever attendant upon the collisions and conflicts of Ma
"''S' ana The Legislative and Executive Depa1tmets
"o' alone agFeeahy to the theory of our Government
can coh'tutonaiy exercise this prerogative of maies
y'-*ll be deprived of it, and will be transferred
10 every petty officer III the navy and army of the United
States.
Inc passage quoted, in the Defence from 2nd boo,
! ]
''e dulles nor more contrary to the society which
should be cultivated between nations than offences ~
actions which give just of dspIeasure to others
Every nation, therefore, should avoid o.ivinp apv r,
ohehce. say real, for should he who man ilests a dis
pleasure at our behaviour, when we are ,s;no- or
o. luhiing our duty lac 20 alane not we proves No
thing more, if ii prove any thing than that Commoor.
forter should not, without the authority of his sunero
comm a Io.,
cause OF offence" to Spain, when his government had
never complained of any wrong; or if it had comnid
n"u adopted no measures TO punish her refusal to
us satisfaction
but commodore Porter confidently asserts that his
conduct was justified by the broad position laid down
IN me ord book, Chap. 5h sect. 228 that tere arc
occasions when The subject may reasonably sunno t,
So'efeigu's VIII, and act in consequence of his f.,
CIT commands" a more unfortunate pass.oa f II;
cause could not have been found; for Vatiel ,,y ..
he was touching a subject as delicate rs wac o.
portant-aware that he might misIead. and bo rired
by an unphiosopIcal deduction of a general nrpc;,
from few particular instances cautiously furnished m
Illustration, IN the section which can leave mt
even the shadow of doubt on the mind OF anv indvi
dual oil his meaning and of the construction which
should be put upon it. After using the lanruace
Just quoted, he proceeds to remark that s.tlus toup
the operations Of war by custom generally resign
ed 10 the troops, If the townsmen of strong place taken
by Tie enemy have not promised sworn submission
to him. and favourable opportunity offers itself of sur
Prhg TIC garrison, and recovering the place for their
aoVereign they may confidently presume Tat theil
frInce VIII approve of enterprise" This doctrine
applies evidently TO state of open ,car and no such
open war, we can venture assert exists between this
country and Spain and if il did, there is not the mos
distant and remote analogy between throwing off The
yoke of foreign invader and retakiDg from the can
tors town during the continuance of hostities ant
Tue violation of the territory of friendly nation with
out the shadow of authority from any legal SOURCE
For although may have justi6able cause of wal
against Spain, relations OF amity still subsist ant
are not likely far advised, be interrupted
That our government does not believe that it POSSESSES
the ''rights of against" Spain is undeuiable.
Spain was looked upon by Cabinet the associate