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

~ T"FNT VFFVOTS NT NOTTIIOTN OF a WTWTTlI UOWVT, TNN-
army OF the other has a right to follow it there; aud
ue right rs strengthened if the pursuing army follow
it> enemy 'ntO the territory of its ally. IHiS IS Tie
doctrine contained az my Instructions.
SPAN, and the dependencies of Spain, are as much
bound as any others III the alliance for the suppression
pT piracy, and if She fails in her obligation, she is res
pons'bie for the omission, and must necessarily suffer
Tue inconvenicnces resulting from the cndeavors of
Others 10 put down the system, among which are the
destruction of fisherrnen's houses and boats on the
coasts OF the islands frequcntcd by pirates, the seizure
OF suspicious vessels aud persons, and the alarm and
damage done in fresh pursuit.
OF these she has no right To complain, If she makes
no effort OF her own 10 put down piracy, and heretofore
never has complained, even when considerable efforts
of her own have been made. Ii, then, as the ally of
Spain, we have n right to land on her shores: and hay-
ing Il right to land there, have a right also to- all her
'countenance and support" what follows if the right
IS denied 10 u.s. If, so far from giving us countcnance
aud support, piracy is aided and abetted, an asylum
Is offered to pirates, and those who land in pursuit are
seized and imprisoned, docs not the nation, city, town,
or people, who thus make common cause with pirates,
lose all respect Tor tltctr own character? forfeit all the
respect of others abandon the advantage of the COM
mon ailauces and become, not only the allies OF pirates,
nut our open and active enemies, and Justify us in treat
ing them as such? As enemies, then. we have the
certain and undoubted right to land, pursue, chastise,
and lntlmldate them; and the principle is the same,
"Nelher they are the inhabitants OF a fishing hut. of a
'oNn, a city, a province, or 4 nation. The magnitude
Ut the OBJECT makes no change in the principle; and
what Is ~lustlhablc III one case, is justiiable in the
other, territorial immunity is as much Invaded and
violated by the burning of a hut, as by desolatinr a
province. The punishment in either case, must. of
course, depend on circumstances, and the means of
him who has it in charge to suppress piracy.
The people and authorities of FoXardo, by the i'm
pTIsonment of an American officer in pursuit OF pirates,
lost all respect for their own character, by becoming.
not only the allies of pirates, but our open enemies,
and of course, were not only not entitled TO any res.
pect from me, but laid themselves liable to cIastisc-
mcut, IN the event OF my means ~iustifying the enter
prise, which the first law of nature, self preservation
lnuily called on me to undertake, for fear their exam
pie should become contagious, and much inconycui-
ence and ~hloDishoi slouII be the consequence.
The officers under my command have often been
employed ON duty similar TO that of lieut.. Plat, by nv
order: the orders given by me TO them, have, in every
instance, been i'll strict conformity with those of tic
Secretary OF the Navy; and they have the same riutit
10 my protection in their execution, as I conceive
have 10 that of the Secretary of the Navy. Without
the assurance Of Gis right, where is the officer, let me
ask, who would be willing TO execute the orders or
his superior?
Acting on tbs principle, which is in accordance with
common sense AMI Justice, | undertook the enterprise
to cAastisc and i%ntunidate the authorities of a town
who had forfeited their character as allies to us, by
becoming The allies OF pirates and our open enemies;
as much TO preyent a repetition OF the offence they
had coinHntted, as 10 assure those under my com
tnand that they should receive every cpuntenance,
support, anu protection from me, in the performance
OF their lawful duties, and by that means encourage
them to make lauiable efforts to effect the objects for
Which the expedition TO suppress piracy was fitted out.
The manner of my performing this dutv, | trust. nrcjs
no apology; 1T was done in a way best calculated TO
prevent an causion of blood, and to secure the iano.
cent inhabitants from injury: the object was effected
IN a manner not only TO satisfy the officers and men
under my command, that redress under such Injuries
was certain, but the people of Foxardo also, and others
similarly situated, that numbers aud distance were no
security for them.
The s2iitjng of the guns was n matter Of necessity.
RAD nGt done 81, here can be no doubt that some
OF us would hare shared the fate OF Lieut.. Cooke. who
was Killed from the batteries Of st. Johns, the caDital
OF The sl'ne island IN which Foxardo is situated, at a
tine when the character OF the expedition and IFS oh
Ject were both kno'7n to its chief, for which outrage
no redress has yet been obtained, and which the strength
OF the place ami the weakness of the force under INV
command prevented INV seekinr. f,rciblv ~ tho ill.,
II was comtnitted.
IL is almost useless to quote from writer's On inter
national law to support the principles | have stated 20
nave @Gilei me IN my conduct in relation to the affair
1t foXarjG but, having sail mat | have acted IN .
1o'i"'y e 'e ia|s OF nations, 1t may be expected that
L sh'n!i, ny S)ot authority, support my assertion.
: 'itet Is an author frequently quoted, and his autIio-
~ nav ne deemed a sufficient guide for one " ho has
all ms lie been engaged IN othcI pursuits than The study
OF International law and las been more Tracucru,
paced IN emergencies. when he has been under tla,
necessity Of resort:ng to The resources of his own mind !
Than afforded the opportunity of referring TO books as
his guide.
~ a reference TO Book 81, chap. 9Th. sec. 81. of
' 1ltci' II IS stated, that every associate of nv enemy
IS indeed himself my enemy it matters little wheth,-
ans one makes war on me directly, and in his own
name, or under the 1usPiccs OF another; whatever
rights war gives me against my principal enemy. tho
like IT gives me against all his associates.D On tis
Pr!nciPte then, the authorities and people of Foxardo
became my enemies by assocaliug with my enemies;
and whatever right war gave me against he piratee. i
gave me against FoXardo; and having this right. I
should have been perfectly j~usiifablc in max inr good
my threat 10 burn the town; if it had not been ran.
sorned by suitable concessions, and a promise, on the
part OF the authorities, to pursue in future, a different
course IRON the one that caused my visit there.
As the allies Of Spain against the common enemy
we had a right 10 IFS countenance and support, to the
extent OF its means. in pursuit Of pirates; we had a
right, as allies, to cross the territorial boundaries of
Spain, to pursue them, and in doing so, there was no
cause for offence on the part Of Spain. the object beipo
lawful and usual and resistance. therefore, 10 the
exercise Of this right, became an offence on the part Of
SPAN, and an injury to US, of which we have a RIGHT TO
compi7in, aud TO obtain redress.
Fatte', book ID, ch. 2d, sec. 10Th, says, "Notbinr Is
more opposite to the duties Ofhunanity, nor more contra
ry to The society which should be cultivated by nations.
than offences, or actions, which give a lust djspleasprc
TO others; every nation, therefore, should avoid pivinr
any real oftencc| say a reaE for, should be who man
Iie5t5 a drsPIeasnre at our behaviour, when we arc only
using our rights, or fulfilling our duties, TIC is TO blaine
not wc.r ~
According to NattcI, not only Foxarlo-nof or1, De-