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ocean. The topographical committee, organized
and provided with every requisite, have already un-
dertaken to set general boundaries, to serve as start-Cyane, Erie and Ontario, arrived at Gibraltar on the
ing places for subsequent operations, and are prepar-12th June, from Messina. The ship North Carolina,
Mediterranean squadron. The ships Constitution,
ing a chart in which each may see the boundaries of commodore Rodgers, had sailed for Tangiers. The
his property clearly defined."
officers and crews of the fleet were all well.

The public works for the city are fast approach-
ing completion. There is no doubt that a temple Americans, have each a squadron in the Pacific
Squadrons in the Pacific. The French, English, and
and a school in each village will be monuments ocean:-The American, commanded by commodore
erected to liberty. This plan has commenced ope- Hull, is composed of the United States, 44; Peacock,.
rations: you will not refuse to vote, every year, a 18; and Dolphin schooner. The British, command-
sum for an object so worthy.
education will form the habits of a people truly free: bridge, of 80 guns; Briton, 46; Tartar, 42; Mer-
Civil and religious ed by commodore Maling, is composed of the Cam-
it will render crimes more rare, coercion less sey, 20; Eciair, 18; and Fly, 18. The French. com-
necessary, to preserve peace and public order,manded by Admiral Rosane, is composed of the Maria
The past year, you approved of the plan of erecting Theresa frigate, and the Diligente and Lancier cor-
posts of security in the country, with the view of fa- vettes.
cilitating the administration of justice and of rooting
out those inhuman practices which want and wretch-schooner, after a severe battle, near St. Thomas.
A piratical vessel has been captured by a Danish
edness had introduced, for the security of those who The captain, lieutenant and boatswain of the pirate
may be the object of them. This year these works were killed.
have been commenced, to which will be added the
erection of suitable court houses in each district, bus, on her way from England to St John's, was aban-
The Columbus. The great timber ship, the Colum-
where justice may be administered without the in-doned at sea, a wreck, on the 17th of May. She was.
convenience attending the unsettled jurisdiction of coming out for a fresh cargo.
justices of the peace.

The exertions made for the organization and recruiting of the provincial army have not been fruitless. It is improved in numbers and discipline. The veterans on the frontier have fulfilled their duty satisfactorily; but prudence requires not only the completion but the augmentation of their forces. The committee, entrusted with reforming the military penal code, adapting it to our institutions and necessities, will soon present their labors for your delibe

ration.

The receipts of the province have considerably increased during the past year, and have been amply sufficient for the expenses of the public service, both ordinary and extraordinary. The loan contracted for in London, has been transported hither to advantage, without any difference in exchange. It is hoped that the works for the harbor, to which it was chiefly destined, will realize their completion by means of private companies, and their own funds; in such case leaving free the other monies for other objects: in the mean time they may be productively employed, and our industry encouraged. All the documents relative to it will be seasonably brought forward. The machines and tools necessary in the coining of money are already completed, and a contract has been entered into, to raise an establishment of the kind during the coming year.

Gentlemen: I congratulate you on your return to your honorable duties under auspices so flattering. There is great need of your co-operation. In the infancy of our national existence, and after so long a struggle, peace also has its dangers, and demands important sacrifices: The spirit of anarchy, disseminated in a thousand ways, may corrupt our institutions; and aristocracy, originating in the very revolution itsself, will avail itself of every means to bring them into disrepute. Our situation at this important epoch. makes the examples you may offer in the exercise of your functions of transcendant importance. It is necessary to demonstrate that free institutions are not only the most proper to make a people prosperous and happy, but that they elevate their minds and inspire them with a boundless and irresistible energy in vindicating the national honor.

Buenos Ayres, 18th May, 1825.

JUAN GREGORIO DE LAS HIERAS.
MANUAL JOSE GARCIA.

Mortality. There were 207 deaths in New York cities are rather numerous, but no epidemic prevails for the week last returned, 163 fin Philadelphia, and 48 in Baltimore. The deaths in the two first named

in either.

Jackson, in the 87th year of his age, who served with reputation during the whole of the revolutionary war, Died, in Cincinnati, on the 10th ultimo, Mr. John and was in many of the severest battles. He was one of the first settlers of Cincinnati.

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all his strength and activity until he was 93 years old, at Schoharie, N. Y. on the 18th ult. William Becraft, aged 100 years. It is said that he retained and he could read small print, without glasses, until a few days before his decease.

80. He was in the first rank in the battle of Bunker's Hill, and severely wounded by the side of Warren at Pomfret, Con. col. Thomas Grosvenor, aged when the latter fell. He served during the whole of the war, and left the army with the rank of colonel.

D. D. of Philadelphia, at a very advanced age. He was an itinerant preacher of the Methodist church, in on Monday, last week, the rev. Joseph Pilmove. 1765, and, in 1769, he arrived at Philadelphia from England; but, for many years since, he was an or dained minister of the protestant episcopal church.

murdered her father, in the presence of her mother.
Murder. A young woman, near Norfolk, lately
to prevent the act. She beat in his skull with a pestle!
and sister, who either had not the will or the power

of arts, master of arts, doctor of laws and doctor of
Transylvania university. The degrees of bachelor
medicine, conferred at late commencements of this
university, amounted to 127 for the present year. It
is a very prosperous institution.

of ground, has just been built in Newburg. The ale.
Newburg. A brewery, covering 7,500 square feet
made in this beautiful town, is famous for its good
qualities.

an extensive brewery, have lately been erected in this
Wheeling. A large and valuable cotton factory and
place.

of a share of stock in the Dismal Swamp land com-
Dismal swamp. The sale for sometime advertised,
pany, took place before the coffee house door yester-
day at 12 o'clock, and was knocked off to judge Wash-
ington at $12,100. Several gentlemen from the south
were present and bid. The share belonged to the es-
tate of the late general George Washington, and ori-
ginally cost 1.300 or $1000. [Alexandria Gaz.]

PRINTED BY WILLIAM OGDEN NILES, AT THE FRANKLIN PRESS, WATER-STREET, EAST OF SOUTH-STREET

L

THIRD SERIES.

No. 24-VOL. IV.]

BALTIMORE, AUGUST 13, 1825.

THE PAST-THE PRESENT-FOR THE FUTURE.

[VOL. XXVIII. WHOLE NO. 720

EDITED AND PUBLISHED BY H. NILES, AT $5 PER ANNUM, PAYABLE IN ADVANCE.

though we have no doubt that the treaty was a fraudulent one, it may be impossible for the Creeks to furnish proofs sufficient to annul it.

The present sheet is almost exclusively given up to the insertion of com. Porter's defence before the court martial, and we thought it best to give the whole at once. We are informed that the court made up its verdict on Thursday last-but the result can- COTTON. The actual stock at New Orleans on a not be (rightfully) known until the president has certain day in the beginning of last month, was 25,408 passed upon it, and it will require considerable bales-5,044 of which were on ship-board. The detime for him to examine all the testimony and pa-mand was very limited. The largest sale for the week pers necessary to a decision-which will, no doubt, preceding was 153 bales from Mobile, at 24 cents. be made with all that clearness and promptitude It is estimated that almost 250,000 bales will be exthat has ever distinguished his public conduct and ported from Louisiana and Alabama, during the precharacter. On account of the deep interest taken sent year-or about 80,000 bales more than last year! in this trial, and before it was possible that the merits This increase will not include all of the growing crop, of the case could be understood by the people, (a cir- which is expected to be much more increased than cumstance which every friend of the laws must re- the preceding estimate would show. A writer in the gret), the decision will be very impatiently waited Charleston Mercury says "this year we may fairly for, by a considerable portion of the community.calculate on the production of 500,000 bales of cotton The defence against the first charge is copied from which, at $60 per bale, will equal $30,000,000”— the "National Intelligencer," and that against the meaning the whole crop of the United States. second from the "National Journal," because they Liverpool, June 21. The inquiry for cotton this seem to be more full, and, perhaps, the most per-week has been but limited. The sales by private, are fect, respectively. only 1,700 American, 600 Brazil and 100 Egyptian, West India, &c. The public sales on Friday, consisting of 5,750 bags, chiefly American, were well attended, but not more than 2,850 bags sold, at a reduction of about 3d. to 4d. per lb. from our quotations of the 1st instant. The arrivals are 3,500 American, 600 Brazil, and 4,800 Egyptian.

The insertion of the defence will probably involve us in the necessity of publishing some other long articles on the subject-but it is our main business to collect and preserve such things; and the importance of them is seen by the frequent references made to this work in the defence.

Among the many matters postponed this week, are the proceedings of the Pennsylvania convention for the promotion of internal improvement, and that at Staunton, Virginia, to bring about a reformation of the constitution of the state. Success to both!

Mr. Clay is detained at Lebanon, Ohio, by the severe illness of his youngest daughter. He is not expected at Washington until about the first of the next month.

Sea-Island, Georgia, 2s. 4d. a 3s. 2d.; Stained do. Is. 1d. a Is. 7d.; Upland do. 1s. 04d. a 1s. 34d.; Alabama and Mobile 1s. 1d. a 1s. 3d.; New-Orleans 1s. Id. a 1s. 5d.; Pernambuco 1s. 5d. a 1s. 6d.; Bahia and Maceio 1s. 3 d. a 1s. 44d.; Maranham Is. 4d. a ls. 4td.; Minas Geraes 1s. 14d. a 1s. 2d.; Para Is. 34d. a 1s. 4d.; Demerara and Berbice Is. 3d. a 1s. 5d.; Barbadoes, 1s. 14d. a 1s. 24d.; common West India 1s. Id. a ls. 24d.; Babama 1s. 1d. a Is. 34d.; Carthagena Is. Od. a We have another "lot" of documents from 1s. Od.; Bourbon 1s. 3d. a is. 1d.; Egyptian 1s. 34d. Georgia, which we shall publish as soon as we can. a ls. 5d.; Surat 10d. a 1s. 1d.; Bengal 84d. a 104d. Gov. Troup seems resolved on making a survey of [Though the price is yet high, the speculation is over. what is certainly, as yet, the Indians' land, notwith- "Save himself who can." There is now no knowing standing the request of the president of the United at what the value of cotton will settle. Whether States that it should be postponed, and the sugges-above or below the price which it bore immediately tion of general Gaines. His language is intemperate precedent to the late gamblings in it. If the pro beyond any that, perhaps, ever before appeared in what are called "official communications," as though he expected to scare the president and gen. Gaines into an unqualified submission to his own will!

duction shall be as great as the southern papers lead us to believe that it will, all who ploughed up their fields of corn to plant them with cotton, as we are told that many did, will be great sufferers by it.]

FOREIGN NEWS. After a long interval we have news from Europe, from London papers to the 22nd of June. We have room only for a very brief summary.

As to the lands, they are still the property of the Creeks. The treaty does not stipulate for the present survey of them, and McIntosh had no right, (even if he ever did consent to the measure), to admit an entry upon them; or, if he had, his successors have the same right to revoke the permission which he The late reported victories of the Greeks over the gave. Though a person sells a house, deliverable Egyptian army and navy, are fully confirmed, and it twelve months hence, it is just as much his own, as would appear that the efforts of the Turks will not to the keeping-out or letting-in whom he will, as ever avail them any thing, in the present campaign-bet was, unless the contrary was stipulated in the bill cause, indeed, that they may be hard put to it to deof sale, until the time for delivery arrives. It is not fend themselves. The constitutionalists are gatherpretended that there is such an article in the treaty-ing into large bodies in Spain-and the king is said to and every consideration that should operate on the be alarmed for his own life, threatened for some of mind of a reasonable man, would induce the post-the bloody murders that he himself has committed, ponement of a survey, lest the Indians may be pro-and for which humanity itself raust wish him to be voked to commit some excesses by such a trespass punished. A general rising is looked for-it is only on their property-and to allow them time to reflect the presence of the French troops that prevents it. upon that which, perhaps, is now unavoidable-the surrender of their lands at the time appointed: for,

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The clergy, however, had proposed to raise an army for the king, if he would vest the appointment of the officers in them!! Nothing very important has happened in Great Britain or France, except a great decline in the price of cotton, as stated above

a further reduction was expected. It is stated that that should have preserved me unmoved and selfthe British have taken the king and queen of Ava, balanced in mind and temper; yet, after all, I bow, with so great a quantity of treasure, that the prize-with humility and experimental conviction, to the money to a lieutenant will amount to 1.18,000, or about $80,000! This is plundering by wholesale.

GENERAL LAFAYETTE, in reply to the mayor of St. Louis, spoke of the American union in the following language:

"An union, sir, so essential, not only to the fate of each member of the confederacy, but also to the general fate of mankind, that the least breach of it would he hailed with barbarian joy, by an universal warwhoop of European aristocracy and despotism." The general left Washington on Saturday last, accompanied by the president of the United States, to visit the late president, Mr. Monroe, in Loudon County. He will also soon visit Messrs. Jefferson and Madison to take his leave of them. As the Brandyrine is rapidly fitting, it is thought that he will sail for France, about the 1st of next month.

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moral system of compensations, that bringeth good out of evil; for innocence, made but the more manifest and clear, from the severity of its trials, is the bright reversion, that might have animated hope, and endued me with the passive fortitude of endurance, through a longer and more penal term of tribulation.

The accusations, which I am now to answer, present this singular feature: whilst they branch out into two distinct classes of offence, the most dissimilar and the most unequal, as well in the quality and degree of the legal and the moral guilt imputed, as in the importance and interest to the community, of the principles involved, and of the actions to be condemned or justified; they all originate in the same source, and are closely connected by the causes that have produced them, and by the passions and motives that uphold them.

The first branch of the accusation brings into discussion the most important and vital principles of the high and awful sanctions, by which national sovereignty is to be maintained and vindicated by arms while the second hinges upon certain minute punctilios of ceremonious respect. A devoted servant of the republic, who had consumed the flower of his years and the vigor of his life in arduous, and, as he hoped, acceptable services; who had looked for approbation, if not honor as his reward, for an unstinted exposure to labors, privations and dangers, so much the more disinterested, as however, beneficial to his country and to mankind, it promised few of the personal gratifications which may laudably be sought in the renown of the more striking and brilliant achievements of war; who was conscions of having acted with the most implicit respect and exact fidelity, to what he understood to be the views and instruc tions of his superiors; who, with wasted powers of life, but untiring activity and zeal, had exerted for the fulfilment of the utmost scope and end of those instructions, whatsoever of efficient energy, a constitu

Naval Court Martial-Friday, August 5. The court met at 11 o'clock, pursuant to adjourn-tion worn and broken in the public service bad left ment, and the president having informed commodore Porter that the court was ready to receive his defence, be requested to be heard by his counsel; and accordingly,

Walter Jones, esq. rose, and proceeded to deliver, on behalf of the accused, a defence, of which we give the following report:

Mr. President, and gentlemen of the court martial: After having endured a long and mortifying suspense, the frown of undefined indignation, and the anxieties of ambiguous censure, I have experienced a sensible relief from a public investigation, promising a determinate issue, on any terms. Even the hard easure that has been dealt me, in the manner and the spirit of the prosecution, both before and during the progress of my present trial,is amply compensated, whatever be the event, by the opportunity afforded me of a full and open justification before the world; and of submitting my cause to a tribunal, between the members of which and myself, at least so much of intelligence and community of sentiment exists, as to free me from the apprehension of receiving less tha justice at their hands, and to acquit me, in their minds, from the suspicion of appealing to their favor, for any more than justice. If preparatory censures have tended to wound my feelings or to prejudice my cause; if a stern and jealous inquisition have probed every part of my professional character and conduct, where the sensitiveness of a man of honor, or the presumed defects of human frailty, might be supposed to shrink from the searching point; and, if taken unawares by the suddenness of the attack, or the novelty of my situation, an excruciated sensibility may, for the time, have broken through the guards

him;-that such an one should have been somewhat sore and impatient under rebuke, that came like a portent and a wonder upon his astonished senses, was far more natural than that complaints of misconstruction and injustice should have been construed into disrespect; and free, but decarous, remonstrance, treated as little less than mutiny.

In my justification against these charges, I must regret the necessity of occupying a large portion of the valuable time of this court, than any intrinsic difficulties in the questions themselves might possibly have required. But the terms in which the charges have been framed; the often complained of vagueness and uncertainty of the nature and degree of the offence intended to be charged; the mystery observed as to the application of the facts and circumstances, given in evidence, to the gist of the accusation, and the defect of any advertisement of the points intended to be insisted on in the prosecution, or that were supposed to require elucidation in the defence: all these circumstances compel me to traverse a wide field as well of conjectural as of obvious justification.

Before I proceed to discuss any matter of fact or law, put in issue by the first charge, it may be useful to attain as distinct an understanding as possible of its terms, and of the nature and degree of the guilt imputed by it.

The general head under which the offence intended to be charged is classed and characterized, consists of two members: first, "disobedience of orders,” second, "conduct unbecoming an officer." The first doubtless, falls under a general description of mili tary offence, common to every organized body of military force in the world: but, in every military

I shall hold myself, however, completely dispensed from any obligation or necessity, to pursue further the labyrinths into which this indefinite member of the charge might lead us: Since, I think, if any proposition can be made clear, by human evidence, it would be impossible, for the most vindictive accuser, to find any pretext in the facts of this case, for pushing the charge beyond a simple departure from the letter or spirit of the positive rule of action, supposed to have been prescribed to me, whether it be the constitution of the United States, or the law of nations, or my instructions, that establishes the law or rule which I am supposed to have "contravened" or "violated." If I have offended at all, it is in the single transgression of that law or rule: "the head and front of my offending hath that extent, no more." I shall, therefore, leave it to the court, without further remark, to decide, from the evidence, whether it were possible to have conducted a military operation, on neutral territory, with a more scrupulous regard to all the rights of person and property, which such an operation could, in the nature of things, have left inviolate. If the act were unlawful in itself, I must abide the consequence; but it lies not, I think, within the compass of human ingenuity or malice, to contend that the act, as being either lawful in itself, was stripped of its legal sanctions, and had its quality of lawful changed to unlawful; or, as a sheer trespass, that it was inflamed beyond its intrinsic character and degree, by any wanton aggravations or abuses in the manner and circumstances.

The question, then, is presented in the simply form: Whether the act complained of was, under the circumstances and inducements that lead to it, an infraction, either of the constitution of the United States, or the law of nations, or of my instructions from the government of the United States; and, in that order, I proceed to consider it.

code, by which such an offence may be punished, the character and functions of the officer, whose orders are supposed to have been disobeyed, and the nature of such orders, are usually defined with all reasonable precision. In the 5th and 14th of our naval articles of war, this species of offence is defined in terms Dearly equivalent to the corresponding articles in the naval and military codes of Britain, and in our own Our 5th naval article of military articles of war. war is, in terms, restricted to the orders of a commanding officer, when preparing for, or joining in, or actually engaged in battle. But the 14th article, conceived in terms somewhat more comprehensive, enacts that "no officer or private shall disobey the lawful orders of his superior officer, or strike him, &c. while in the execution of the duties of his office." The punishment of the offence, in either of its modes or degrees, is "death, or such other punishment as a court martial shall inflict." Then, if by the "disobedience of orders," here charged, be intended any offence known to the naval articles of war, and punishable under them, it implies that I had received, from some superior officer, in actual command, either while engaged, or about to be engaged in battle, or otherwise "in the execution of the duties of his office," some order which I had disobeyed: and so, had brought myself in the danger of a capital offence, as every military offence is denominated, which is punishable either with death or cashiering, though it be left to the discretion of a court martial to inflict any less punishment. When this general charge comes to be deduced into particulars, in the form of a specification, no orders, either commanding or forbidding me to do any act whatever, are set fourth, either in terms or in substance. No commanding or superior officer, from whom they are supposed to have issued, is named or described. The specification simply sets out the naked and insulated fact of a certain invasion, Whether a belligerant opcration, in the course of by force of arms, upon the territorial sovereignty of Spain, accompanied by "divers acts of hostility against an authorized war, be constitutional or not, is a questhe subjects and the property of that power;" and, tion which, if it have any significancy, or be capable instead of any averment that, in so doing, the orders of any determinate solution, may be considered as of my commanding or superior officer, were disobey- nearly identical with the other question suggested by ed, the conclusion of the specification branches out this charge; namely, whether it be consonant to the into a "contravention of the constitution of the Unit-law of nations, supposing the law here intended to ed States, and of the law of nations, and a violation of consist of the conventional or customary rules, by instructions from the government of the United States." which civilized nations have agreed to control and Now, whether any "contravention of the constitution or mitigate the ferocity and the calamities incident to a All that the constitution of the United of the law of nations," not involved in a disobedience state of war, and which constitute what is called the of military orders, be an offence cognizable, under law of war. this charge, by a court martial; or, whether general States has to do with the matter is, that it has comThe power to carry instructions from the government be identical with municated to the general government the unqualified the orders of a commanding or superior officer, and a vio-jurisdiction of war and peace. lation of such instructions equivalent to a disobedience on war, offensive or defensive, involves, in its terms, of such orders, are questions of grave import; and will every right. immediately or remotely, incidental to doubtless, in their due order, receive the deliberate that state and condition of human society. In what consideration of the court. At present, however, we these incidental rights consist, must be determined by Whatever of these the most comprehensive are endeavoring to ascertain the essential character the known or necessary conditions and consequences and terms of the offence, actually intended to be of war. charged; its legal attributes and consequences may be signification of the term may embrace, are necessarily constitutional; and the law of war, as it is called, is separately considered. As to the second member of the general charge, in many respects so vague, and so dependent upon "conduct unbecoming an officer;"-whether it be in- arbitary views of necessity or expediency, to be tended to describe a mere incident to every act of judged of by hostile parties, as justified by an infinite military disobedience; or to impute some gratuitous and incalculable variety of peculiar circumstances, and superadded circumstances of aggravation, in the that it scarce furnishes a definite or intelligible rula mode and degree of it, in this particular instance, and by which it may be predicated of any military operato inflame the guilt of simple disobedience, by any tion, that it is either constitutional or unconstitutionwanton abuse in the manner and circumstances at- al. The only constitutional question, therefore, is, tending the commission of the act, as in the "divers whether the war itself were, itself, authorized? that acts of hostility," said to have been committed "against is, whether commenced or carried on by that autho the subjects and property of the king of Spain;" are rity to which the constitution has exclusively delequestions left in the characteristic obscurity and un-gated this high power. certainty which have veiled the "head and front of my offending," from any distinct view of it, that might have enabled me to perceive, or to divine its extent

This brings us to the consideraton of the second test, which, it is suggested, should be applied to my conduct, on the occasion in question-and that is the law of nations.

[Here the learned counsel quoted from v. 3, p. 95, sec. 4, in which he states the right to attack a ship which has pirates, or a house which has robbers in it, though some of the innocent may suffer thereby; but adds, that, though the right is clear, it is to be exercised with a view to moral as well as civil obligations, and with a leaning towards moderation and humane feelings.] So far the rights of belligerants and the duties of neutrals are confined, and here I may be permitted to remark, that, through the whole course of conduct for which I am now called to answer, I have kept far within these limits. Neither the person nor the property of any innocent persons having been wantonly injured.

That branch of public law which determines the correlative rights and duties either of the hostile belligerants, as between themselves, or of neutrals and belligerants, as between themselves, or of allies or co-belligerants, as between themselves, constitutes a voluminous code, which is perhaps, the theme of as much undeterminate controversy, both as to its principles and its authority, as any that ever undertook to prescribe rules of human conduct; and it would scarce be practicable to deduce from, it any definite rule applicable to the infinitely varied circumstances of actual war, and by which a military officer might be condemned for a presumed violation of the law. In this case, however, it will not be necessary to trouble the court with any reference to the more recondite and theoretical definition of general rules; third party, which is not merely an ally, but a coI come now to the rights of a belligerant toward a because insofar as my conduct depends for its justi- belligerant. Here the rights are ample, and are fication upon such rules, it may be referred to an au- pushed still farther than in the case last referred to. thoritative and practical exposition of them, as appli- What a neutral may lawfully do, is not, therefore, cable to the particular circumstances under which I lawful for an ally to do. So soon as he does, the co acted. The rights and duties incidental to a state of belligerant may seize upon his goods and territorywar, as it affects every party, directly or indirectly [here he quoted Chitty on the law of nations, p. 11] concerned, have been the subject of such frequent but it is unnecessary to pursue authorities further. and elaborate discussion in our own intercourse Our domestic documents are abundant to illustrate with foreign nations, and have received such lucid the doctrine. The language of Mr. Adams is emphatidefinition, and such various illustration from our cal, and is in perfect accordance with that of his illusmost eminent statesmen, that we may be said to have trious predecessors-"There will need no citation compiled and digested from the best authorities and from printed treaties on international law, to prove the most enlighted views of the subject, a system of the correctness of this principle; it is engraved in public law, upon these topics, which, if it be not adamant on the common sense of mankind." Having generally adopted by the family of civilized nations, thus laid down the general rules which apply to the as the moral and political influence of our example subject, I shall now proceed to inquire whether Spain extends, may at least be received, among our own stands to the United States in the relation of a neutral eitizens, as superseding, to every practical purpose, or of an ally. The first question is, whether the a reference to the more general and less applicable United States are a belligerant power engaged in a doctrines of elementary writers. Our discussions lawful war? Some doubt has been started on this with the powers of Europe, while they were belli- subject from the want of a formal declaration of war: gerant and we were neutral, have settled for our-it has also been suggested, that the pursuit of pirates selves, the positive rights of neutrals, and our more is a matter of domestic police rather than of war; recent discussions and collisions with one of those but, on this subject, the practice of our own governpowers, while we were belligerant and she neutral, ment is fully and to the point. Though the United have equally well settled the positive duties of neu- States have almost never since their independence, trals. The rule to be deduced from the latter, is so been fully and perfectly at peace; yet, in all that much the more intelligible in its doctrine, and obvious period, there has existed but one formal declaration and practical in its application, since it has grown war. out of collisions and discussions of the belligerant Barbary powers, our government has had years of I allude to that with Great Britain; with the rights of the United States, as correlative to the neu-active warfare. Captures have taken place both of tral duties of this very power, Spain, whose territo-enemy's property and of that belonging to neutrals; rial sovereignty I am charged with having violated; there have been blockades of ports and interruptions and more especially of her neutral duties, as deter- of trade-and by what authority? Only by force of mined by the peculiar circumstances of her colonial dependencies, in one of which the scene of my supposed transgression is laid.

The extent of these correlative rights and duties, between a belligeraat and friendly power, must be determined, in a great measure, by the position of the friendly power, either as strictly neutral or as cobelligerant; and how far it may act, not as an enemy, but as the assistant of an enemy. I shall first consider the third party as a mere neutral. The rule for him in that case is, that if, while in the exercise of sovereign authority, either by connivance, or through mere weakness, he converts his privileges as a neutral to the aid of the enemy, he forfeits those privileges. They are, for the time, suspended, and the belligerant has a right to invade his territory or to seize his shipping; these circumstances justify invasion or an arrest of trade and commerce. vious reasons, I shall not cite foreign authorities in For obsupport of this position: it is written in every page of the law of nations: in the forcible language of Mr. Adams, "it is engraved in adamant on the common senge of mankind. No writer, upon the law of nations, ever pretended to contradict it; none of any reputation or authority ever omitted to insert it." In illustration, I shall only refer to one, who may be termed the father of the law of nations, the venerable Grotius.

the fact, that an armament has been placed in the Mediterranean by the president of the United States, act merely incidental to a qualified warfare, has all as a protection against pirates. On the ground of an this taken place. So in regard to the Indian tribes; there has been no declaration of war, nor has war ever been formally recognized. The constitution has delegated to congress alone the power of declaring war and calling out the militia. Under this last power alone has the president conducted all our instance where it has not been produced by an invawars with the Indian tribes. There has occurred no sion of the Indians, actual or apprehended. As to the war with the pirates, in 1823, I had the same authority as the commanders of our fleets in the Mediterranean, or as the generals of our armies. The force ordered, in 1819, to defend our commerce same as those before ordered against the Barbary against pirates, was, in its nature and authority, the powers.

practical rules to be observed toward foreign states,
I shall refer to our domestic documents for the
whether neutral or allied. And 1st, in our Indian
wars: they all originated, not in the declaration of
war, but in an invasion repelled. In 1814, during
our war with Great Britain, general Jackson was
ordered to take Fensacola, if he found that the In-

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