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


duties OF neutrals. The rule 10 be detuced from
the latter, Is much the more in,elicible in It's
doctrine, and obvious and practical IN its appl;ca-
ton since 1t has grown out of collisions and discuss
slons OF the begcrant rights ofthe u s. as correla
tive to the neutral daes ofthis very power, Spain,
whose territorial sovereignty am charged with hav-
ing violated y more especially OF her neutral ltics
as determined by the peculiar circumstances of her
colonial dependencies, in one of which the scene of
my supposed trangression is laid.
| The extent of these conelatve rights and duties
between beigerant and friendly power must be
determined in great measure by the position of the
friendly power either as strictly neutral or as CO.
oeigerant; and how far il may act not as an enemy
Out as the assistant of an enemy. shall first con-
sder the third party as mere neutral. The rule
ior him IN that case IS, that it, while in the exercise
OIL sovereign authority, either by conniyance or
through mere weakness he convert his privileges as
neutral to the aid OF the enemy, he foreits those
privileges They are Tor the time suspended, and the
oegerant has right to invade his territory or to
seize his shppng these circumstances Justify inva-
SION, or am arrest of trade and commerce For OBJ
Vious reasons, shall not cite foreign authorities in
support OF this position il is written i'm every page
OF the law OF nations: in the forcible language of
| hr. Adams, I" 1t is engraved in adamant on the
| common sense OF mankind No writer upon the
law oil nations ever pretended TO contradict it
none OF any reputation authority ever omitted to
insert IT. In illustration, shall only refer 10 one
VINO may be termed the father of the law of nations
the venerable Grotus. Here the learned Couns
quoted IRON v. B. p. o. A. in which he states the
right TO attack ship which has pirates, or a house
winch has robbers in it, though some of the in
hocent may suffer thereby; but adds that though the
rights clear, IL is to be exercised with view 10 moral
as Wen as civil obligations, and with leaning to-
wards moderation and humane feelings So fer the
rights OF beligeranis and the duties of neuras are
IoHhned' and here may be permitted to remark,
that, through the whole of conduct for which
am now called TO answer, have kent far within
these limits. Neither the person nor the propertv
OF any innocent persons having been wantonly in
jured
come now 10 the rights of beIlgerant toward
third party, which is not merely an ally, but CO.
belligerant. Here the rights are ample, and are
pushed still farther than in the last referred to-
what neutral may lawfully do, is not therefore,
lawful Tor an ally to do. So soon as he does the
co-oellgerant may seize upon his goods and terri
Tory here he quoted Gritty on law of nations p.
IiJ--put II Is unnecessary TO pursue authorities
further. Our domestic documents are abundant TO
Illustrate the doctrine. The language of Mr.. Ad-
ans Is empha'ical, and is in perfect accordance
with that OF his illusrious predecessors There
will need no citation from printed treaties on inter
national law to prove the correctness of this princi-
pie; II Is engraved In adamant the common sense
oil mankind" Having thus laid down the general
rules which apply 10 the subject, l shall now pro-
coed to inquire whether Spain stands to the United
States in the relpon of neutral or of an allay-
The first question is, whether the United States are
beiligerant power engaged in lawful war Some
doubt has been started on this subject from the want
| OF formal declaration of war : it has also been
suggested that the pursuit Of pirates is matter of
domestic police rather than of war; bat on this
subject, the practice Of our 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 that period, there
has existed but one formal declaration of war. /
aii,de TO that with Great Britain; with the Barbary
powers, our government has had years of active
warfare. Captures have'taken place both OF enc
my's property and Of that belonging TO neutrals;
there have been blockades OF ports and
of trade and by what authority? Only BY force
OF the fact, Than armament has been placed in
me Mediterranean by the President Of the United
states, as protection againsts pirates. On the
ground OF an act merely incidental to a qualified
warfare has all this taken place. So in regard 10
lie Indian tribes; there has been no declaration of
war, nor has war ever been formally recognized. L.
!he constitution has delegated to Congress alone
the power Of declaring war and calling out the mi
itia Under this last power alone has the Pres;-
dent conducted all our with the INDIAN tribes
There has occurred no nstarce where itAhas not
been produced by an invasion ofthe Indianst actual
or unprecedented As to the war with the pirates in
1923, had the same authority as the comma nders
lT -
rails OF our armies. The force ordered in 1919 TO
defend our commerce against Pirates, was, in its
nature ana authority, the as those before or
dered against the Barbary Powers
shall refer TO our domestic documents for the
practical rules to be observed toward foreign states
whether neutral or allied. And LIST in our Indian
wars they all originated, not in declaration of
war; DIT IN an invasion repealed. In 1914, during
our war with Great Britain, Gen Jackson was Or
oered TO take Pensacola If he found that the Inji-
ans were furnished by the Fort there with ammuui
ton and means Of offence against the United States
lhis precedent alone is sufficient TO Justify me in
all that have done In 1917, the establishments
at Amelia Island and Galveston were forcibly sun
pressed. Amelia Island was in uDdisputed posses
sion of Spain. Galveston was in the possess;o, of
Spain, but within the contested limits of Louisiana.
lhe former was taken possession Of by adventures
pretending some authority from one of The Soutb
American States They had committed no depre- |
dauon on the commerce possessions Of the Uni
ted States, but the President opprehended that tbev
would be The means Of establishing an extensive avs.
tenn OF buccanierng, and i. anticipation of piracv
he suppressed The establishment by force of arms |
and military occupation To illustrate this state |
ment, the counsel quoted from Niles Register, 10
vol. p. 237, part of the Presidents message 10
Congress, and another message in January. 1918.
ldem, p Z3S In these messages the principle is
'du oown, thatthe weakness of Spain was no rea-
BON why the United States should submit 10 injuries
nrougn abuses OF her territorial rights; the juris-
ucton OF Spain ceasing at the point where her
weakness failed 10 maintain her authority. Tbe
principle Is thus broadly enumerated which iustif-
sn the United States, as beigerant standing in
Hanger OF injury, in taking orcibie means 10 prevent
" Inc principle IL moreiully illustrated and con-
nrmed by the proceedings Of General Jackson in
iorids The war there consisted Of mere ,lefenceI