American watchman and Delaware advertiser. [volume] (Wilmington, Del.) 1822-1828, 1825-08-12

were given, and lie Subsequent uansaCtons tooA
place; and here I may appeal to the able and elao
crate justification given BY Mr.. Adams, in his des
patches to our Ministers at Madrid. These are
complete on this head and have now only to in
ouire whether 10 1925 and 1924, the government
OF Spain stood toward the United States in the same
obligation, or greater, than in the Indian war
have adverted to the act Of Congress putting the
squadron under my command Pirates are deciar-
ed to be the enemies Of the human race-cnemles
equally to all men; all men are Justly considered as
against them. Here, there is no bellieerent and
neutral all are begerant; nor is there any attn
butte of war that does not apply to them II is IN
necessary, in support Of this doctrine to refer to au
thortes it is fully laid down in my instructions
though In condensed form. Here he quoted the
following passage from the letter OF Secretary
Thompson, on whose legal acumen and attachments
he passed deserved complimen dated LIST Feorn'
ary, 1926:
You will announce your arrival and object 10
the authorities civil and military, OF the Island oil
Cuba and endeayor obtain, as far as shall be prac
able, their cooperation, at least their favor able
and friendly support, giving them the most unequiV-
ocal assurance that your sole object is the destruc-
ton Of pirates
"The system OF piracy which has grown up in
the West Indies, has obviously arisen from the war
between Spain and the new governments, her late
provinces in this hemisphere, and from the limited
force in the islands and their sparse population many
portions of each being entirely unnhabited and des
oate, to which the active authority OF the govern
ment does not extend. 1t is understood that estab.
lishments have been made by parties OF these ban
di in those unlnhabited parts, to which they carry
their plumber, and retreat in time OF danger. II
cannot be presumed that the government OF any
Island will afford any protection or countenance 10
such robbers II may, on the contrary, confidently
be believed, that ell governments, and particularly
those most exposed, will afford all the means in
their power for their suppression. Pirates are con-
sitlered by the laws Of nations. the enemies OF the
human race. Ii is the duty OF all nations to put
them down; and none who respect their own Char
acter or interest will refuse to do II, much less at
ford them an asylum and protection. The nation
that makes the greatest exerllons TO suppress such
bandii,i, has the greatest merit. In making such
exertions, it has right TO the aid OF every Other
power to the extent of its MEANS and to the ENJOY
nen under its sanction, OF all its rights in the pur
suit Of the object. In the case of begerants, where
the army Of one party enters the territory OF neu'
trail power, the army Of The other has right 10 ol
| low il there.
!" In the case of pirates, the right Of the armed
force of one power follow them into the territory
Of another, is more complete. In regard 10 pirates
there is no neutral party they being the enemies
OF the human race, all nations are parties against
them, and may be considered as alliee."
II is unnecessary to go further-here is the doc
trne and the illustration and in reference expressly
to those against whom was to acts but did moi
rest in this--in compliance with what deemed the
spirit Of my instructions. established an under
standing with the local governments, for which
refer the Court to my official correspondence with
them under date of Cd December, 1928. lost nc
time in establishing a specific understanding with
the Governors Of the Spanish lslands-they recog
nized the meilorious character of the war we were
carrying on, and promised every aid and co-opera
ton ON their part to advance it: thus voluntarily
making themselves parties as allies or CO bellige
rants. The is perfectly clear. The Urltet
States represented by officers are bound TO treat The
Spanish simply as allies transgressing their duty
1t may, perhaps, be thought that there is differ
ence in this respect between the power Of the Pres
dent of the United States. and those who act in SUI
coordinate commands. II has already been stated
that we act not against Spain but simply repei tht
attack of the enemy through her. The President o
the U. S. has OF himself no authority 10 make war
That power is delegated by the constitution to Con
grcss alone. The President may, indeed. unde
the authority Of the act Of Congress, giving hin
that power, call out the force Of the nation to sup
press instructions, and to repel invasons; in tn,
exercise Of which last power, almost all the bellge
rant operations OF the country, since The cxstenc,
OF the present government, have been carried on
The exercise of the belligerant right, in ques
ton, is, in no degree, the exercise Of jurisdiction
of peace war but a merely incidental right o
actual war, and as fully vested in the lowest subal
tern, to whose hands the arms of our Republic arr
committed, as in the President himself The onl
difference is, that the President being commando
in chief, may restrain or modify, at pleasure, ih
exercise of any belligerant right, by those IN com
mand under him but, in absence OF such restrain
ing order these high begerant rights exist to thei
whole extent, in the person Of the commanding off
. Ger, whatever his rank.
: This brings me to the question, whether, in m,
operation upon Foxardo | have transgressed my or
, ders.-Beore such transgression can be proved
some order must be shown, forbidding me TO exer
else the otherwise clear rip ht then vested in me