Phenix gazette. [volume] (Alexandria [D.C.]) 1825-1833, 1825-08-09
NO. 05o

tween themselves, constitutes volu-
minous code, which is perhaps, the
theme of as much undeterminate con-
troversy, both as to its principles and
its authority, as any that ever under
took to prescribe rules Of human con-
duct; and it would scarce be practical
Bile to deduce from it any definite rule
applicable to the infinitely varied cir
cumstances ofactual war, and by which
a military officer might be condemned
for presumed violation Of the law -
In this case, however, it will not be ne
cessary TO trouble the Court with any
reference to the more reconcile and
theoretical definition of general rules;
because, insofar as my conduct depends
for its justification upon such rules, it
may be referred to an authoritative and
practical exposition Of them, as appli-
cable to the particular circumstances
under which acted. The rights and
duties incidental to state OF war, as
it affects every party directly or indi-
rectly concerned, have been the subject
of such frequent and elaborate discus
sion, in our own intercourse with To-
reign nations, and have received such
lucid definition and such various Illus
tration from our most eminent states
men, that we may be said TO have COM
piled and digested, from the best au-
thorities and the most enlightened
views of the subject, system OF public
law, upon these topics, which, if it be
not generally adopted by the family OF
civilized nations, as the moral and po-
Iitical influence of our example extends,
may at least be received, among our
own citizens, as superseding, to every
practical purpose, reference to the
more general and less applicable doc
trines of elementary writer's. Our dis
cussions with the powers OF Europe,
while they were belligerant and we were
neutral, have settled for ourselves the
positive rights o. neutrals; and our more
recent discussions and collisions with
one of those powers, while we were
belligerant and she neutral, have equal
ly we'll settled the positive duties OF
neutrals. The rule to be deduced from
the latter, is so much the more intelli-
gible in its doctrine, and obvious and
practical in its application, since it has
grown out of collisions and discussions
Of the belligerant rights Of the United
States, as correlative to the neutral
duties of this very power, Spain, whose
territorial sovereignty / am charged
with having violated; and more espe-
cially Of her neutral duties, as deter
mined by the peculiar circumstances OF
her colonial dependencies, in one OF
which the scene Of my supposed trans.
erosion is laid,
Theextent of these correlative rights
and duties between a belligerant and
friendly power must be determined, in
great measure, by the position OF the
friendly power either as strictly neutral
or as co-beiligerent; and how far it may
act, not as an enemy, but as the assis-
tant of an enemy. l shall first consi-
der the third party as mere neutral
The rule for him in that case is, that If,
while in the exercise Of sovereign au-
thority, either by connivance or through
mere weakness, he converts his privilc.
ges as a neutral to the aid Of the enc.
my, he forfeits those privileges. They
are for the time suspended, and the
belligerant has right to invade his
territory or to seize his shipping; these
circumstances justify invasion, or an
arrest of trade and commerce. For
obvious reasons, I shall not cite foreign
authorities in support Of this position:
it is written in every page of the law of
nations: in the forcible language Of Mr..
Adams, sit is engraved in adamant on
the common sense of mankind. No
writer upon the law of nations ever pre-
tended to contradict it-none OF any
reputation or authority ever omitted to
insert it," In illustration, shall only
refer to one who may be termed the
father Of the law Of nations, the vene-
rable Grotius. Here the learned
Counsel quoted from v. 3,p. IS, sec. 4,
in which he states the right to attack
ship which has pirates, or house
which has robbers in it, though some
of the innocent may suffer thereby; but
adds, that, though the right is clear, it
is to be exercised with view TO moral
as well as civil obligations, and with
leaning towards moderation and hu.
name feelings. So far the rights OF
belligerants and the duties OF neutrals
are confined, and here | may be per-
mitted to remark, that, through the
whole course Of conduct for which am
now called to answer, have kept far
within these limits. Neither the per-
son nor the property Of any innocent
persons having been wantonly injured.
come now to the rights OF belli-
eerant toward third party, which is
not merely an ally, but CO -belllgerant.
Here the rights are ample, and are
nuabed still farther than in the case