Darien gazette. (Darien, Ga.) 1818-1828, November 09, 1818, Image 2

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iy GENERAL JACKSON. I'IIOM THE NASHVILLE WHIG. H Having taken a cursory view of the circutn ’ status, in which general Jackson found himself pla< cd in the prosecution of the war, it remains i to be seen w hether by any fair mode of reasoning can be considered of a hostile characuu. CAM it is evid< iii tliat lteil her the president, nor Hgßerui Jut ksrin, in subordinaiion to him, coulld fidiv and cons.il.ni:.n;d!y,d uny thing u hi<lh ||Brid, i/iso facto, place their country in a stat|<* KT war. Hy the constitution, the president is Hnarged w ith the command of the military forces Bf Lite nation, and wi h the duty of protecting tint: from external violence. With the ap t filiation of congress, the nation was at open with the Seminole Indians. The president, had full and ample power constitutionally to use ail means consis! nl with tli ■s of n^ii'.’.i ito put an effectual end to this war. power v. ashy the pre.-udent delegated u>| ■ u-i’vtl J.iek'-oii. w!io, unit ss he were limited by superior, had tie same i ttilude of disci tin H:u’ :ve eiiuti ol Ilea m suisfo he i mployed, tiuii possess and hy the president hi ms--if. Tin BBs'idcm v, ,s not ics : ieted hy < 01. gross in tin H ,s 1.1)0 eitipioyt -I, ai.ll hem - in t if eoi-dtf ■Pi- war, vv.s led fret ,to act a.-n ; f< tuns anec require, governed hy In • usages and iu ■Bullions in regard to such cases. Under tin 11 :• i >ch#sed, uu ma goVft'n §||tlß and g -1101.11 .1 a kson, a< ti ip as its ag-ji: is a preetuilionary measure of sclf-dc nn ■, accom|)anied by an assurance of ms de kig tin doing so, and of their being given up so I sec n as Spain should he in a situation to cause Ihci n> uuaiiiy to be respected; or, whenever the prc.jident should so order it? It is difficult to suppose tualany one would s riousiy dispute die ■pi pi i tv, nay, nc< essiiy of this measure. (Jen M'hii Jackson, in takii.g possession of these posts, in no instance infringed the l ights of personal Ip.operty—lie possessed himself of these garri sons, thereby to etiabie him to keep down the ■lwstdities ol the Indians, which he could not ■him wise effect, than by a< ting as the agent, not Hi • enemy of the Spanish government, in doing Hu e by treaty it was bound to perform; but not H i. : able so to do, the United States we e con ptra.t-ed in self-defence to furnish the force ne- Itv rary to effect tlie objfk-.t. Ltdepentently of 111 ratios, the United States, or their ag at, the Bpmmanding general, was authorised hy the gen fßai law of nations to take this course.—Vatici, B. 3. Ch. 7. S. 123, says, that “extreme necessi may even authorise the seizure ot a place, gB f \ putting a garrison therein, for defending il- V<‘ against the cm my, or piv. .eutuig nim m ..is Resigns of seizing tins place, when the sovereign His not able to defend it.” In Sect. 132 of the V same chapter, the author observes, that “to se em e prisoners and spoil in a place of safety, arc acts of war, consequently not to he done in a neu tral country, and whoever permitted it would break its neutrality, as favoring one of the par ties. But I here speak of prisoners and goods, Lnot yet perfectly in the enemy’s power,'the cap ire ol which is not, if I may he allowed the ex pression, fully completed. A flying party, for instance, cannot make use of a neighboring coun try, as a staple for seeming its prisoners and ■bh.” law, published by Yattel as a rule of ac ■Sß'’ the its t.i t ■^B room-s ‘\. m . ai\ i-.- BBf*d bj the auti.or to embrace such a -'as as §jj|Bm ich by the in: ,d< ms es the S. mit.o. ua:. Spanish garrisons the Indians found s-..f- .y K th>- pm.suit <>frß|kson; he; e Huy cxpw.scii BB[c •in:i received the ftp’ ii 1 their spoil n..m Butter settle! s; :-n.l here, vie ques.ioii littic,’ Xfßßi .mid iia.e s; t;:ed their jn •• oti is. bail ‘ p meted t.. Tike h\ s . : 1 ; i ‘ s’ la: . In .. s ( ;it< i;• HBHBB ii i .neh ii ex'. : .. . S HWB ‘■ ■ o S.st S. ! !> I'., i .1:. HHBrToe b 1.1 ‘■ [III'. ! ill’ ! i <! t: .- I : B , W ■ ;e.\ .eel : U'lu. v t ii t. e .e ■ ■ iiii...; and i . i o! ■■■:!. Su.ipn-i.i,;- o.en thin 10l BB|B. ... • . . I . mug t.vri". BSBH me t< sue. ol ;a‘ J§§B V. ith the United States, the case in reia- BW> irs gorerrm. mis iif .cm. ; ii ;ua>- 88. ‘■ :> l * t..uts cniiii'Avii by the conmumd- nera! • (f.-cting its n mine,lion. In sup- WB of lots j.os ion we refer also to Vatu .’s l: ea- <‘l! the lav. ol nations. It is stated bv this Ijßy i cspcctcd jurist, “it is certain u.at on my jB-ny's In ing- lieteau'd and too mttcli weakened me, if my meignbor affords him a re- W allows i.ini time to recover, and watch a 1 hh|i!m(’ oppoi’ tmitv oi making a sei ; ud aunt It HB tent, rics; tins eonctuet so permci<us to j HBtv ;.i interests, would he incompatible | ii .herJmv my enemy on ad.;- 1 ■K, tires into a neutral eouiury, however j v lijoin, not to a p tssage and; ■Be is to vtmse ids treoj.- a > sot n as possi .r.a inti tiu-m BB;,i i pportunity f> r attic i.itve; me. Be BHBBBk.;-.. St cl rny M my; a ni: .n Lnnc :i ... ,:-< I . 1 ;... i iiim.t'nd ■ v :•>>< i 1 ‘” ‘ ■ s. . i n n r ki e ; ■had been defeated at jmrsnil ol our HBLm irirts, w here loss.s in nations, by'lie plainest reason! | and the moi c cogent and e i cli pPp Jtc rates of self-defence. But if geneial Jacnson has been correct in taking possession of these forts, it is consequently insisted by some, that the president has done wrong in ordering them to he restored to the Spanish authorities as he lias done. In relation to the conduct of the president of tne j United States it is hoped, that the people have; too much confidence in him as a statesman, to doubt the correctness of his motives in the resto ration of these forts. It would be sufficient to recollect that there is a negotiation pending, by which a pacific cession ol the country is most probably contemplated. The natuie oi our guv ernment, and the habits of our people, are paci fic and just. It is not our interest to make war ; with any nation. \Y ere ii otherwise, tne execu tive alone, is constitutionally inhibited to uo so, unless in cases of sell-detence. Inc measures ol Jackson have been ol tins ratter character.— Having effected the object oi ins command, no war exists with tne Indians, and as tne retention ot these posts mignt not only embroil us ni war with other nations beside as wen as em barrass Hie negociati ;n, it was ccr,aimy me most safe and dignified course on tne part oi the exec utive to direct their restoi ation. i'nis nas been, done, and we doubt not upon conditions best eai-i cmated to promote tne solid interest ot tne na-j bon. To have held tnem akei the object ot me war with tne Indians liati been eftecicil, ana eon-, traty to the remonstrances oi the Spanisn un.us- have cnunged tne diameter, of tne whole ti and made tnejpF .sure ot tax ing posseosiwKby Jackson, an jmrol v\ a. w liic n it was cst duty oi toe ex ecutive to aio..e authoitZcti 1 to declare oi however, of Inis objection, and e course taken by was tne one uu ai led by propriety.a id moral people,! we ougnt to die .awHbf nations, a;.a m wrest tiom Utoir by violence. 1 i.e nonesty, pawnee a.id forbea'-! ance, is ajfHsscntial to nadous as to indiv uina'is. A lawless, turbulent and overbea: ing ma.i, w.m I is regardless of the rights of otneis, soon imu . j nimself not only aba itiuncd by t.,e icstof m m kind, but obliged ultimately to submit m i.., n united iulluence, wi.atever may be ;ns aiuividuai talents, powc-i, and address. Suiiisi.i ut, ciecy of nations; and so it is stated l y that nil *,<. ut ju list, V atcei, Book 3,c. 6. ands. 17; who observes “tnat mis prudence of not always conn g to ait l open rupture with those, who cj stici: assist- j ancctc my enemy, thafUicy mav .m i aira with i all their forces; t .iWoi Bea* adß f a\, .fas grad- ’ naliy introduced n me king on ‘ such assistance as i.es’.iiity.’* Antit again, “but if p! us mmu.ih.’ ing use of ail il,tl I '" t ! V L ' s ’ troy that right. IICU ion oneoses .aim r to dissemble than unm cessc.iiiy to iiiCitas*. me 1 number of its enemi a.” Suci b-ing tie state ot facts in respect to t:.e capture ol the Spnntsb lorts, and suen tr e rules of ac ion applicable, it is asked, why all t. e confusion and colt aviety ( of opinion which nas su- eei and df ti;io.u..i:. ai ‘ Some say t.iat tne prt si-J ct .ns a ii r .m-.s. onters that Jackson lias dtst oey'ed is or- t* x We have endeavored to sln.w i.-at oth t. e pre sident and general Jackson have acied eonectiy in their respective stations; and we nope mis’ effort lias not been without effect upon chose’ who will deliberately reflect on the nature of t ie ! subject. ‘l'herc is, it is believed, no misunder standing between tin president and geneial Jack-, son, nor do-: s there exist according to our under- ! standing any disposition in either, likely to pro- 1 duce sue h a result. They are both great, honest and patriotic men; and equally in tneir respec tive stations meriting, and in the possession of, the public con tide nee and regard. Ii is presum-. ed that the president wiii provide against futtue events, and after evacuating St. Murks and Pen sacola, will take tare that tne troops of the Uni ted States withdrawn front them, shall be placed in stu b situation as to enable the nation to do it seif'justice with certainty and promptitude, in case Spain should hereafter be unable, or un willing to afford it. The situation of Spanish affairs, particularly on the continent ol Soutr.-America, and her isl ands in the Atlantic, w ith the probable policy of England in tnat quarter, renders vigilance and atien ion on the part of our government highly important in the present crisis. ARISTIDES. PROGRESS of LIBERAL PRINCIPLES. The new constitution for Bavaria, establish‘.ng representative assemblies, was published on the i 28th of May, 1818 ‘1 he preamble is remark- I able for its liberality, granting to the peo ple liberty of conscience, with a scrupulous i distinction between what belongs to the state and j w hat belongs to the church; liberty of opinion, j w ith restrictions by law against abuse; an equal j right to all native subjects to every rank in the | fiublic service , and to ail the distinctions due to ! merit; equality of laws, and of citizens before tiie law ; impartiality and promptitude in the ad ! ministration of justice; equality in the distribu tion and payment of imposts; and, as a secu rity to the whole, “states general iornn cl from all elases of domiciled citizens.”—•„ Vciv-York Daily Advertiser. AMERICAN BANKS. It is said that there are more than three hun dred and seventy-five chartered banks in the United States, and eight in operation without charters. Os tlßyiree hundredJHl seventy-five chartered banks^^fcrty J qightn Massachu setts; fifteen in in the state of New in Pennsylvania; ijtfcr>tv-fi\e in sane in the district ia; scvegpFn in and three I SMUGGLING AGATN ENCOURAGED. Sir John Keane, k. n. c. major-general and governor of St. Lucia, in consequence of the destruction of ground provisions by the exces sive drought, lias issued a proclamation for open ing the poll of Castries for the admission of pro visions and lumber, and says: “Frmtier, 1 do hereby allow any vessel laden with ihe above mentioned provisions or lumber, tlie growth and produce of the United States of America, to be re ported, and her cargo admitted to an entry, although such vessels may not be furnished with a register or clear ance fi’om the port from ■.whence they came, or with any other papers -whatever, e.Crrpt a general manifest of cargo.’” LATEST FROM CALCUTTA. We have received papers from Calcutta by the Mentor, to ! lie 25th May. The war between the natives and the Brit ish in the East Indies is carried on with great de st ruction to tin. former. On the 27 ih of April, the strong fortress and town of Mnndelah was reduced after a long siege, and fell into the hands of the British troops. The inha l utants suffered much during die siege, and great numbers were cut to pieces in attempting to escape af ter the enemy hail entered the town. Jn the adjacent w nods, numbers were found dying of their wounds, and of hunger and thirst. A South American privateer of 40 guns, with a crew of all • rations, had made her appearance off Manilla, and excited much alarm,— Commercial Advertiser. Ln vdo v, August 29. Despatches have been received from the Bombay gov ernment to tn.’ Boar 1 of Directors of the India Compa ny, ■ i.'.er u ihe llTi of A] ml, and enclosing a long sem s oi olh m. .ocument9 l'roin sir Thomas Hislop, sir John Malcolm, and o he: . slicers engaged in die opera l.o saga,nst; it l’indarecs and the Peishwa, from the ahd el .xmuar to the end ot .March inclusive. ‘I he great •body of n.r enemy having oeen dispensed and subdued, a,, .. war tin nghout India having lost its general in ert::- n proportion as is res is became more obvious, w-s all retei our reacieisfor the details of the present m , ii nee co ‘he desp.t ches wnich which we have eisew,.ere i.,svrli l; amn igst them wilt be found a nar ■a. v c n. s r ■ uo.nas ilislop, of a gallant attack upon the i tress 1 ; aimer, tiie K.He nr of which had set himself mop... and unprovoked rebellion against the British XT .u-i uen . An attack upon tiie fort was therefore .t., able, Si eing the ettect of our batteries Upon ■ s , i ks, the killedar solicited terms, and subsequently . rbrward to surrender liimself at discretion to the -* j tant general of the troops. Some of our officers “It a dozen grenadiers of the Royal Scots, having ■ ntered one of the interior gates, winch was opened from w ‘thin were treacherously attacked by the Arabs in the garrison, who butcliered them with spears and ar rows, before any assist mice could be sent to them. On Lns occ-asiun, majoi Gordon and captain MacGregor Were lulled; and Oc. . col. M. Murray, deputy adjutai t general, c:ehe could draw h:s sword, were desperately M o t idcv by tiie daggers ot these pc. ii lions miscreants. “• he.i s. cccss, however, was su. rfetted, as i deserved to he. Tiie e .ier gates were blown open f. cannon; the pktee vasi.ostan ly stormed; the garrison, consisting of 30tl Arabs and others, was every man put the sword; and the , chelhous Kilied&r ttiinself Itunged bj order us sir 1 iii slop, i'iiis sejMte but just example wasxgt a throughout j jLart^Bid.s fair to h:s too, it an : r.mMBL u t, was pursuHßy a dmsion ofjHc British | Tt is ad^^^^j^Khel: one, that our juiheiary svsßLls defAt‘.veri (, in at least i tie itv . :--d pariicuiai^Hki> anpainent —to wit; the s - . ;iish..teut (.fa ‘yf or some tribunal, . which, exe; vising a geHral sw-nntendance over all .He: orjuJicat.ries, byj^UHincing upon questions! i • law in ■ • las give -• ■liformL'y tt’ the a.-’ “oistlion ■,f we are persuaded, is , Mi >w the ohm. It (^B^nKated, we presume cor , net \, tha “ua is Jmpin of the s ate is not <!• in a .other, sußTujpMMtßu decisions of our , his’ f the s e\rt — according to j i the BLn •in Is <■ •.re -t, an i d|^Kn;’ I Ia ‘flaPßid vcdfHnru causes ‘ifHfe utmest ini -1 | ; t.iiu cyHmses, invok iV nut onh to a vast .jHk ’)c ‘ti n t.ujßic of— ■Tv e lh ; riefs of die evi nmal pnvish .■■/ aflne \ and u another, s une, i (.rBPn bv, Hence, i;. tVt if we are - nfjßrtx uls .irices of this have occure , ■ W . •“ strikingly ev.nee, r.s it has been reprHßplly ! ten ted, “• vnr rtainty of the law” in Gc or. ia! —and does tßfct prove concluslvciv ,Jk'£ propritfy, | nay the -ufct’BHui'a change? We iißßio hesitation in giving it us (IBuiiriion, ffiat ibaHPdishment of a court of errors, \VIHu eid welfare of the parlHmirly called for bj ex’stingcircun s‘ it, as he on-1 ly probable effectual the *'vils conipl^^^ f :1s winch, since flHKption of the new other state in the union, we without some such tribunal; and it is mattjßff'’ that the people of Georgia should hHe a> lonHnogiected to avail themselves of this njßwsarj^ of a free and well-regulated govjßtneiUg—^ ~Ceorf9Uom-}ia!. T ; TF, of are infuffljjj^L'that they may get their Buddings and at the Savannah agency of the London Plicenix company. Applications, or through their corres pondents, will meet with immediate attention. R. & J. BOLTON, agents. Savannah , November 7 h—3 For sale SEVEN well situated I.OTS on Baisden’s BlnlT, near the M'lntosh county Academy. Fcr particulars ap ply to CRAY Sv LAN MAN. nov 9 3 VOCAL MUSIC. fIUTE citizens of Darien and its vicinage are respect l fully informed, that a young gentleman, who is well acquainted with the theory and practice of \ ocal Mu sic, wishes to commence a MUSIC. SCHOOL in this place. As it is supposed that every person must be ac quainted with the great advantages arising to society from a School of this kind, he deems it unnecessary to comment on its gre at utility. He therefore submits the consideration of the School, hoping that it will be pat ronized. For terms apply at Mr. NVing’s dwelling house. nov 9 !.— —3 Han a way, VROUT three weeks ago, two negro men, well known in this place and St. Mary’s, by the names of NOSKO and CHANCE, formerly the property of John Holzen dorf, sen. A reward of ten dollars each, will be paid by delivering them to Scott Cray in Darien. A. B. POWELL. nov 9 3 JJAHIE.V, MONDAY, NON EMBER 9, 1813. — GENERAL JACKSON. That the military services of this chieftain during the late v\ar with England should have endeared him to the nation is both just and natural; and that Ins subsequent conduct, though at variance, in some instances, with the constitution and the established law of nations, should even now he overlooked or defended by many is neither strange nor unprecedented. Valor was, in ancient ages, so highly reverenced as to obtain for those eminently distinguished by it a rank among the deities; and, from the time of Julias Ccs..r to the present day, so bewitch ing and dazzling has it been, that most nations, viewing it as a supernatural emanation, have, one after another, worn its yoke and gloried in its bondage, ‘l hc more enlightened and patriotic individuals of su h countries, it is true, have strenuously but ineffectually opposed tlio strides of ambition, by warning their countrymen of the impending danger and obtendmg all that their prudence and courage could devise oreifect to prop up the tot tering fabric of liberty; but ignorance is too dormant and infatuation too head-strong to be guided by reason.— Cesar triumphed, Cromwell prewuled, and Napoleon has worn the tiara. The l nited States, it must be con ceded, are superior in knowledge to the countries en slaved by those leaders: still, that we have amongst us individuals so inconsiderate as to view successful genius as infallible and to advocate all its actions on all occa sions, is no more than to say that every age and every nation has had and w ill have men of weak and unentight ened minds, and some \\ ithout principle. The majority of our citizens are however of a very different charac ter artd avad themselves of the errors of odicr nations and other times in modelling their ulterior policy and civil regulations. They are aware that laws to be effec tive must be enforced—they know that even the man dats of the Almighty, inscribed by his finger on tablets es stone and delivered to U s prophet, ceased, from fre quent violation, to be obeyed by his chosen people, who actopted the Syrian mythology, and bowed to Moloch, Chenics and Astarte —and that oven invasion of the constitution with impunity conduces to render it con temptuous and hold up their liberties as a prize to war like competitors. Hence, it is not a matter',f as’ msh rnent, that, with all their partiality to general Jackson, they should disapprove and reprehend die licentious measures to which lie resorted during h;s last Indian campaign; and, though far from suspecting his motives, he desirous to have ihem properly examined, that the punishment cf his errors as well as the reward of his gallantry and devotion to his country in the hour of peril may descend to posterity as an example, and ad monish aspiring statesmen and generals to place the lim its of their ambition within the pale of the law. The motive is so just and the conclusion so fair, that detail were needless, and further animadversion un grateful cruelty, but for the pains taken by some per sons to prove him justifiable in capturing ft. Mark's and cannonading the Barrancas into a capitulation, hy strangely investing in u with, the supreme prerogative of the nation, and mfering that what would be right in tiie one cannot be wrong in the other. Citing V attcl for what every body knows, they say that the inability of fpam to restrain the savages in her dominions war i ranted our country to carry the war into Florida, and I fulfill lor her that part of tiie treaty which she was un -1 aide to enforce. ‘! his equinecessary su p seems to have , receive,! the proper sanction, front congress having [ committed to the executive discretionary power to bring tiie Sermftolie war to a speedy termination; but neitiier c. ngress nor the executive could have contem plated tiie reduction of set. Mark’s or of I'ensacola; as general Jackson was explicitly ordered “tha., if the Indians should take refuge under a Spanish fort, not to attack them m that situation , but to report the ease to i the department of war.” From this, it is evident, Jiat ; ins instructions confined h.s operations to the con; ay and unfortified piae.es; but h.s advocates, endeavoring ! to elude this positive injunction, insist that it becan e | void, tri m tiie inmuns taking refuge in and not under I those forts. Though circumstances are yet wanting j to establisii the charge, it will not, when granted, serve ■ their purpose. .1 Spanish strong holes were to be so ; snored that tiie space under their walls m-.ght afiord J our enemy an asylum from :he punishment which their ! atrocious deeds cserved, tiie interior must'surely have, 1 a least, been equally entitled to respect. Had Jack : son even been clothed with discretionary powers, tie could, according to the usages of civilized nations, nave , had no pretence for attacking the fortress of a neutral country, on the score of its receiving the riving ene my, until he iiad formally demanded the den very of the fugitives and been refused by the commander: for reason as well as human.ty f< rbidsun unnecessary w aste ; of blood, and lccbidiuends negotiation in all cases where | it may with safety be used, previous to appealing to ; arms. In it is vain also that the haughtiness cf Massot, the extreme sufierings of our troops, and the unsubdu i ed and revengeful spirit of the vagrant Seminolies are pleaded in extenuation of his conduct. For the sake i of chastising insolence in a Spanish officer in a province ; of Spain, he had no right to exceed his instructions; nor could the dexterity w ith which the savages eluded his pursuit in swamps and morasses have authorised him to ificut ions belonging to a paftntate with w hom peace nor ement of his to the victual', ng’ rim garrison, laden with provpass and up Had the all its privil j ic would have exonerated from {q- irne ; n seizing St. Mark’s and Pensacola; as we had much of which to complain against Spain. He arrogated, how ever, those l ights to himself; and, in so doing no p on , ly violated the constitution, but invaded the law 0 f Bks, in the most flagrant manner. There is, j n mo . HHtliistorv, hardly a parrallel to the \ r „ humt and Anibrister. It is true, that they Hfittcd thcircle, and are pitied but by few unprejudKq j sons or any other country; still, were foreigners, taken within the walls of a feipess belong ing to a neutral nation, and put to general of a power with whom their sovercigaHas on terms of amity, is a measure of so daring jpromplexion, that Bonaparte, wiffi all his zenith of his greatness, nevAttempted The duke of Enghien was, territories of the or then a neutral state; but he was tried by the country in which h was born and in and condemned on a principle, though recognized, at the time, by :dl the crowned heads Htfiurope. Jackson had no such plea. By-birth or Suction, his prisoners owed no United they were tried by laws soil tliey had never ack were exeflu By a wliosa claim to in the provoke was no greater than thcicjßvn. It is, true, we that they me ritted twr fate; but the officer of dß|mn, - noted for its in resisting aggression v.il- in yeilding to reason and in repfcmg any in- may have causelessly or done its neighbors, should thus voilently trample on* code of nations, is a phenomenon in our annals, and retmires examination before the highest tribunal of. a ffee peo ple, especially as most of his days have been ‘devoted to judicial pursuits. Though we are loath to seefthe lau rels on his veteran brow tarnished by actions so variant with the-characteristics which distinguish his country men, and still believe h m to have .been actuated by the piu'ott motives, yct-aa ouf hlmrUea depend on the