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

COMMODORE PORTER
The Executive of the United States determined {,
convince the world of IFS profound veperation for In.
Constitution of our country and for the rights of foreign
Powers, has, understand, ordered Cour, Martial
for the trial of this Officer, for his hostile and unau
horised INVASION OF the Spanish territory. After the
remarks which we made on this subject in our paper o
The 10th ut twas our intention again to notice it
uhti competent tribunal had passed Judgment on his
case. But as Commodore Porter has Attempted even
before the opinion of the Executive on the testimony
collected by the Court of Inquiry recently held for tho
investigation OF his conduct was known, by the publ
cation OF the proceedings of the Court and of his vim
dcation, to enlist in his behalf the powerful and in this
country rcsistess influence of public opinion as b;s
defence is written with eloquence and ability and is
calculated we think TO mislead the public mind and
more especially, il is the solemn conviction of our
Judgment that principles of the deepest moment and i'm
porance involved in the decision of the oGr,ye
deem it cur duty TO submit our reasons for be;evr
that the violent measures to which he resor,el s h
purpose of intimidang the 'peopIe and authorities of
foxardo, are justified neither by the Iaws of Nations
ana Nature" nor by ''higIy approved precedents ~
nor by the Orders of the Secretary of the Navy and
the conclusions which may fairly be tleduced from the
selves an lncontroverbe reutation of the main ground
OF ms defence. 1t is universally admitted that ..every
associate of my enemy, is indeed himself nv enemy
and whatever rights Oar gives me against nv princnal
enemy the like gives against all his associaes-
'atte book Sd, 9th CHI. o. Ii is a principle tho
truth OF which not be doubted--a princple bch
H'S'cS almost ntuitlve conviction upon the human
th'nd The Government of the United States has a
perfect right TO demand of Spain the determination os
e ie ana relentless murdcrers that take shelter in
et oohi'n'ons, and upon refusal, may declare war
nay according 10 the rigid Interpretation of the rule or
National Law, the United States might even forne,l
nave treated her as an enemy, with or without decla
ration OF war; But because Government possesses
this rght 1t cannot and will not be seriously arpucd
mat 1t ought in all cases, any case TO exercise II
unless after having made injuries subject of friend
~ negotiation, no adequate redress can be obtained
II we are correctly informed our Cabinet has not eye,
10 TINS day, communicated the Court of Madrid its
intention OF holding the Crown of Spain responsible
Tor the murder OF onr industrious aud enterprisino,
Zes, and for the robbery and pllapt. of our cmcrce
by the pirates of the West Indies and the strict win
cpie which authorizes the Unitcl States to consider
Spain, her dependencies and subjects as enemies bc
cause leagued and associated, with pirates is modified
by The acknowledged practice and best established
usaSes of civilized nations which require that o,r
Government shonld previously warn Spain. that if r;r
cy was not put down. authority granted 70 fo,vou,
these enemies of the human family ON land II worL
employ force to ayenge its wrongs: but every aicabIe
method for gaining PREPARATION must have failed before
The sound humane and enlightened PRINCIPLES of ro
onai Jurisprudence justify in modern times. an appca
10 arms In support Of these views we cannot refrain
IRON extracting the following passages from Vatte
IN "a oook chap 18Th, 336, this author observes
that "a Sovereign in all his qarrcls ought 10 show
sincere desire of rendering Justice and preserving
PeHce' lie is obliged before he takes up arms and
Wf Liking them up, to offer equitable conditions and
'heh alone Is arms become Just against an obstinate
enemy WHO refuses 10 listen TO Justice or to
Ia sec 33 he says elf the subject of :; dispute be an
injury received, the offended ought TO follow the rules
we nave Just established. His own advantage and
that OF human society, oJge him TO attempt before he
takes up arms all the pactcmctods of obtaining either
tie reParalion of the injury or Just satisfaction D
ana IN the Sd book, 4h chap. sec. ST. he makes tIe
following remarks, which display his profound know
iedSe as Jurst with all that humanity and those finer
feelings of the heart for Which he was so e,on.,u,
distinguished; ''The night of making war belongs to
an unhappy necessity. This remedy is so dreadful in
ITS elects, so destructive mankind so fall Of trouble
10 Inc state making Of it, that unquestionaby the
law OF nature allows of ii only at the utmost extremjty
at Is when 1t appears that Justice can not take place
oy any other exPcdient. To take up arms iayfitly
II is necessary, LIST, that have just cause of com
plam IDLY, that reasonable Satisfaction has been
den'ed as 3dly, when the Head of nation has ma
ft,r.1 lie Il,
to promote bis right by force Of arns.n
i The United States, then, having Just cause of com
pan should demand redress of grievances and should
at The same time inform the King of Spain tlat unless
ample satisfaction rendered the naval and militar,
forces of the Republic should invade his domnions to
effect Tue destruction of the pirates. But an entr,
into the territory of foreign Power for the purpose
of aveDgng our wrongs is aud always has been es
teeined act Of open The right 10 make war
is, however, attribute Of sovcreignty-i belong.
exclusively TO the nation, to those TO whom IFS au