Constitutional Whig. [volume] (Richmond, Va.) 1824-1832, 1825-02-01


pleasure, the application ofhis force SO as
to effect his end. Hence, there are vari.
Gus steps, having repatriation for their OBJ
Ject, short of war-steps dictated by rea-
son and humanity, and which not unfre-
Quently produce the desired result, with
out the calamities war, such as an en-
barge, letters of marque and reprisal,
and, / will add blockade: for can see
no reason applicable to the former, that
win not apply with equal force to the
latter. LII either of these measures sue
coed, the cause of humanity is promoted.
he argument that nothing shall be done
which is not justified by precedent, is at
war with the condition of human kind,
the current of whose affairs is one con-
tlnued vicissitude, every age presenting
its own incidents. From whence have
you derived the precedents forming the
law of nations? They had their origin
in the right common to us. They rest
on the maxim equally inculcated bv
Jurists and by reason, that right goes
hand in hand with the necessity and the
exigency of the case. In sclf-preserva-
ton, you have right TO resort to such
measures as necessity dictates. On this
| arinciple our ancestors acted.-There ac-
tons became precedents. and precedents
authority. And, give me leave to in
quire, at what epoch was posterity
disfranchised? At what point of time
did they forfeit the privilege Of employ
ing means corresponding with new and
necessitous occasionP Seldom, the Eng
fish Patriot, was asked, by what author
ity he justified opposition to tyranny? He
replied, he was not aware that there was
any statute upon the subject, but it was
usage in England. When our fathers,
animated by the love Of independence and
of liberty, rose in their might to break
their colonial bondage, and to establish
our free and happy institutions, had some
admirer of precedent inquired on what
ground they justified their measures, APP
pcaling from musty records and cstab-
lished precedents. they would have point
ed to the original source of all human
authority-the law of Nature, and which,
when unpolluted, guarantees the seif-pre-
servation and happiness ofman.
He. therefore, who refuses to proceed, If
there be not precedent on the files, sep
arates himselffrom the mighty and resist
less current ofhuman affairs, and becomes
partially barbarous. Reason and neces-
sity compel us to yield to its endless
changes. Although, therefore, no au-
thority could be appealed to, to Justify
this measure, yet, if it be obviously ne
cessary. to save our property from des-
truction- our citizens from massacre, and
to bring to condign punishment the most
! atrocious of mankind, enemies of the
human race, that necessity would be a
sufficient Justification.
Returning again to private life: sup
pose a case between two individuals. 1t
is unique. Would the tribunal say,
there is no precedent, therefore your
case shall not be provided for? No. Ii
refers to the source of the eternal princi-
pies of justice, tries the case by that, de-
cides, and the principle become prece-
dent. Therefore. in reference donations,
if there is no authority, no precedent, no
analogy--if it is new case in the course
Of human affairs, let it be adjudged by the
same rule. You must attend to the cur
rent as it flows, adapt the means to the
end, and you are justified. Mankind is
in continual course of revolution. 1t
is in vain to talk of fixing him by estab-
fishing precedents. New means must
be adopted, and those means must cor
respond to the end. Right goes hand
and hand with the EFFICIENCY and necessity
of the case. and if your means are well
directed and sustained by justice, you
have nothing to apprehcnd. But, are
we without precedent on this subject?
/ admit have not examined the iuri SITS
on this subject with much attenton-but
we have one modern one which not only
covers the ground the committee recon-
mend, but goes further, because it is
much stronger. This case is the block
ade Of Cadiz, on the part Of France.
They did not pretend to be at war with
Spain, but avowcd distinctly they were
not, but according to the morality Of the
French school, this city was in possess
| sion OF the insurgents, enemies to social
order, and what course do they pursue?
They blockade the city. None are allow
ed to approach. But, to give peculiar
emphasis to this precedent, Mr.. Presi-
dent, IS 1t not remembered by every one
that an armed vessel belonging to the Uni
ted States, and the messenger of peace
from one power to another, was denied
admittance? England experienced sim
/ liar treatment. | do not perfectly rccol-
lect the whole Of the circumstances. but
believe there was but one exception.
| Yet have never heard ofany complaint
having been made, either by America or
! England, or any other European power.
The vilest slave that is PROSTATE at the
foot OF majesty, who enforced so strong a