About Savannah daily republican. (Savannah, Ga.) 1818-1824 | View Entire Issue (Feb. 8, 1819)
SA'VAN NX(i 11KPU IJLIjLAM 1 tiii.UX.lUCK A. t Hi. L, • crrv riuWTttR. > jl»* rir-t.u.x w MUfASet. »r« »tr ti>uiTiu<iiir>irnu!« ■inntui -ug srorT ei •»nn.. oklt J.lt 2) HIS.ITH on tilt ULH H’.itt COMMIT HOUSE OF KEFUESENTATIVRS. January <20. [Mr. CUt’j't tfrreii f escfudrd/'«n yrrmlij j The principle* winch attached to the case* nf ArbutMiot and Ambnster, con- tituting them tri-rcly participea in the war, supposing them to have been combatants, verticil the fo'tner was not, he having been taken in »Spanish fortress, without arm* in liis hand*, all that we could| pos-ibh have a right to do, wm to apply to them the rule* which we had a right to enlorc- • agai»*t the Indian*. Their English char : peter we* -only merged hi tnrir Indian "character. Now, if the law regulating In- dia;i hostilities, be estsbli-hed by long and •immemorial Otago, that we have no moral -right to retaliate upon them, we erm»e : jsu. iifl^iiid no right to retaliate upon Ar- •6utbmit and Ambrister. Even it it-wer . admitted tli.U, in regard to futvie war*. ..akd tur«. 6 »er*, delr execution; "way hayeago.id effect, it would nut thence 1 follow that von bad a right tu ejecuto them. It ia not always. ju»t to do wliat fuaj be advaniageuu* And retaliation,, • during a war, moat have relation to the ■eveiita of that war, and u:u‘t. to be just, b.u* an operation up-m mat war, and up on the individual* only who c.xnpesi: the belligerent party. It beeztne,then,on tne Other aide, to anew, byname known, cer tain, and recognized rule hi public or mu nicipal' law, iliar tne execution ol th-w -Bleu were justified. ‘Where ia it? H- whould be glwi to-sot it. ’We are told in a paper, emanating Imm the department 01 •tale, recently lanM*efo*8 this house, di* ■ iingniahed fur tiie'fervor ot Its eloquence, anif of which the honorable gentleman fr. m 'ilase.nclKJsett'ihtsuupplied us in part with 6 -second edition, in one respect agreeing rWIthtlHt-peototype that they both ought la dle inscribed to the American public—-w- ,«re justly told in that paper, that this i- thejirat Instance of the execution of per "301*3 fur the crime of instigating Indians to -war. Kir, there are two topics which, in Europe, are constantly employed by Un friend* -and minion* of legitimacy against oar country. Tin* one is an inordinate spirit ol aggrandizement—of coveting oth r «r people’s goods. The othei is the treat- - ne at which we extend to the Indians.— Against both these charges, the public s,-r vai.tv. who roudiutel at tinent the nego- • ctotionr with-'the Untish commissioners, endeavored to vindicate our country, an' 1 he hoped with some degree of success. What will be the condition ot future Am rican negotiators, when prrsacd upon this head, lie knew not, alter tne unhappy exe cutions on our southern border. The gen tleman from M'lasartiuaett* seemed on yes terday to read, with u sort ol triumph, the name* of the commissioner* employed in the negociation al. Ghent. Will heexcu*' me lor saying, that I thought he pronounc ed, even witu more Complacency and with a more gracious smile, the first name in the comimssion, than he emphasied that oftlie hu.able individual who addresses you.— £Mr. Holmes desired to exulaio.l Mr. C said the.ie was no occasion fiir explanation: be was perf-cily sati-fied. [Mr. H. how ever procured to say that liis intention Was.to pronouncing the geulleman’s name, to add to the respect due to the negn eutor that which was due to the speaker of‘.hi* house.J Will the principle of these tuen having been instigators of the war, justify theft execution? It was a new one: there were no land marks to guide us in -its adoption, or to prescribe limits in it- application. If William Pitt had been taken by the Preach army, during tne lat<’ £ iropean war, could France have jus tifiably executed him, on the ground ot his having notoriously instigated the continen tal power* to war, agaiu-t France Woui ! Franc?, if she had stained her charac'.ei by cxtcuting him, have obtained the sanc tion of t ie world'to the act, by appeals to the passions and prejudices, by pointing t«> the cities sacked, the countries laid waste, the *iuman lives sacrificed in the wars which he had kindled, and by the -x- elaimmg to the unfo-tunate captive, you r.ii*cri*.it, you monster, have occasionen all these scenes of devastation and blood? What hid been the conduct even of Eng land towards the greatest instigator of aM the wars of the present age? The condem R iiion of that illustrious man to the rock of St. Helena, was a great blot on the Eng- Ami Mr. C. repeated, what lie Sox, or even William Pitt himself, hail been prime minister, in Kugland; Bona- ji.irte sever had oven so condemned. Un that transaction history will one day pas* it* severe but just censure. Yes, although Napoleon had desolated half Europe; al- tnouuh there were scarcely u power, how ever humble, that escaped the mighty gr»s| ins ambition;although in tie course of f*i* splendid career he is charged with t ivmg^piutnitted the greatest atrocities, disgraceful to himself and to human na ture, vet even Jjis life has been spared.— jfotc allies would not, England would not, gxeuute Iran, upon the ground of hi* being »n instigator of war*. The mode of the trial and sentencing tor*e men, Mr. C said, was equally ob jec -maule with the principles on which it ft a J been attempted to shew a forfeiture of tneir lives,, He know, he said, the lauda ble spirit which prompted the ingenuity di-played in finding out a justification fur these proceedings He wished most sin ce' idy that be could reconcile them to hi* conscience. It had been attempted to vindicate the general upon g-ounus which tie wm periuided be woald himtcU «lu- lwn. It had btrs» asserted, that be Va»| guilty ill - a-mistake iti calling "S-pon the n.-i t * try them, and that be Wight hav>- •it otic* iicdl-red their e-xicntiOB, without tuat fnruuiity. lie denied-tuat there was any Mich anvlute right iu the cwsnnander if any portion of our army. The riuht of retaliation is an attiibate-of sovereignty, ft is comprehended »’.n the war-making power thut congress pcaseases. It belong- to this body not only to declare war, but rni-e armies, and Ur mike rule* and re- gulationxfor their goveruinent. It waa in vain lot gentlemen to look to the law ot nations lor instances in which retaliation is lawful. The laws of nations merely laid down theprizripir. or rale, and it be longs to the government to constitute the tribunal for applying that principle or rule t here-was, for example, no uistante in which the orath n! a captive v a* more cvr tainly declared by tlie law of nations to.be ju-tifiable, that in the case of spies. Con gress has accordingly provided, in £he rule* and articles of war, a tribunal for the ti tal ol spies, and consequently lor the ap plication ot the principle of the national law. The legislature nadnut left the pow- ernverspic*undefined, to the mne dis- return of the cominandet in chief, or ot any subaltern ollker in the army. Fnr, if the doctrine*miw contended lur were u-ue, .they would apply to the Commander of any corps, however small, acting as a detach ment. Suppose congress had out legislated in the cove ot -pie*, wnal would have been their condition? It would have been casus omissua, and although the public latv piououncvii Him- doom, it cuuH not be executed because congress had assigned in# tribunal for enforcing that public law. No man could be executed in this free . our,try witbuut two tlnrrgs being shewn:. 1-t. Tuat tire law condemns him to death; anil 2dly. That Ins death i* pro nounced by that tribunal which is autho rised by the law to try him. Toeae prin ciples would r- acli every man’s case, na tive or tureigner, citizen or alien. The instant quarters ai a granted to a prisoner, 'he majesty ol the law *u.rounds and sus tains him, and hecannot lawfully be pun ished with death, without the concurrence of tne twu circumstances just insisted up' on. lie denied tuat any commander in chief, in this countiy lud this absolut power of life and death, at liis side dis cretion. It was contrary to the g.-mus <-l .ill oor laws ami institutions, to con centrate in the per on of one iiidividn-'- tne powers to make the tule, to judge ami execute the rule, or to judge and <iLecut- the rule only, vyas utterly irretom il.tbl-- •vith every principle of tree government, .ml was the very definition of tyranny il -• If; and he trusted that this house would never give even a tacit assent to such a principle. Suppose the commander ban made reprisals on property, would tha* iirop-rty nave beloug.-d to the nation, or could tie have dispo ed of it as lie please, r .lad tic more power, would gentlemen tc i urn, over the lives of human beings than .ver property? The assertion ol such a power to the commander in ctuei, was couirary to the practice of the govern ment, By an act of congress which pas sed in 1799, -vesting the power nf retalia tion, in ceitain cases, in the president ol t it- United States”—au act which pas sed during the quasi war witn France, the pi evident is authorised to retaliate up on any citizens of the French republic, the enormities which may be practis'd, • ti certain cases, upon our citizens. Un der what administration was this act pav ed? It was under that which has been justly charged with stretching the Consti tution to enlarge the executive powers.— Ev< n during the mad career of Mr. Adrnis, when every meaua was resorted to for the purpose of infusing vigoi into the execu tive arm, no one thought of claiming f -r dm the inherent right of retaliation. He would not trouble the house with reading another law, which passed thirteen >-r fourteen years alter, during ilie late war with G.eat Britain, under the administra tion of that j- eat constitutional president, the father of tne instrument itself, by which Mr. Madison was empowered to retaliate on the British, in certain in»tao- . es. It was not only contrary to th- -emus of our institutions ami to the uni form practice of the government, but i was contrary to the obvious principles oi which the general himself had proceed ed; for in forming the court, he had evi dently intended to proceed under the rules and article* of war. The extreme nuin her winch they provide for is thirteen precisely that which is detailed in the pr sent instance. The court proceeded, not by a bare plurality, but by a majority of •wo thirds. In the general order* issued from the adjutant general’s office, at head- |Uliters, it is described a* a court mar tial. The prisoner* ate said in those or- d r* to have been tried, ‘on the fotlowin charges and specifications.’ The court fish uaitti ?< id once before said, that if Chatham or understood itself to be acting as a court martial. It was so mgmized—tt so pro ce. ded. having a judge advocate, hearing witnesses, the written defence of the mis erable trembling prisoners, who seemed io have a presentiment of their doom.— And the court was finally dissolvtd. The whole proceeding mamfrstly shows that all parties considered it as a court martial -onvened and acting under the rales and articles of war. In his Utter to the secre tary of war, noticing the transaction, the general says: “These individual* were tried under my orders, legally convicted as exciters of this savage ami negro war, legally condemned, and most justly puo- isiied tor their iniquities.” The Lord de liver us from such legal • convictions and such legal condemnations! The general himself considered the laws of his country to have justified his proceedings. I' was in vain then to talk of a power in him be yond the law, and above the law, wneu he himself tines out assert it. Let it be con ceded, that he «u clothed with absolute authority over the live* of thesemdividual* and that, upon hia own fiat, without trial, without defence, he might have command- etltbeir eiccktioc. Now if &a absolute sovereign, in anyi*^ 0 ’*^ Aspect, pro- tnnlgates a rul« which he pledge* himself t« observe, if he *ob«equrnt'y deviate- from that rute.hr subject* himself to th< imputation of odious tyranny- If general Jackson had the power, without a court, to condemn these men, he had al-o th* power to appoint a tribunal. He did ap point a tribunal. »"d he beratne. there- <ore; morallv boand to observe and exe cute the sentence of that tribunal. In regard to Ambrister, it was with gri*l anti pain he was compelled to sij, that he was executed in drfUr.ce'iif atl law; in defi ance of the law to which general Jtckson hail voluntarily, if you please, submi»t--d himself, and given, by his appeal to the court, liis implied pledge to observe. He knew but little of military law, and he had m>t a ta-tc, by wliat had hapened, created in him for arqtiirir.ga knowledge of mores but he believed there was nu example on recurd, where the sentence of the court has been erased, and a sentence not pro nounced by it carried into execution. I' had been suggested that the court had pru- nostred two sentences, and that the gen. had a ftght-to select either. Two sente .. ces! Twoverdicts! ltwasnotso. The first, by being' revowed, was as though it had rn-ver been pronounced. And there re mained only one sentence, which was put aside upon the sole authority of the com mander, and the execution »f the prisoner ordered- . He either had or had not a right to decide upon the fate of that man, with out the intervention of a court. If he had the right, he waved it, and, having Violat ed the sentence of the court, there »a brnught'Upon the judicial administration nf the army a reproach, which must occa sion the most lasting regret. - However guilty these men were, they should nut have been condemned or ex, cuter!, without the authority oftlie law— fly would not dwell, at this time, on tin- effect of these pr.-cedenta in foreign coun tries, but he would nut pa-s unnoticed their dangerous iufijence in our own coun try; Bad examples are generally set in the cases ot bad men, ami often remote from the central government. It was in the provinces Were laid the abuse* ami the seeds of the ambitioui projects whit-:, overturned tlie liberties of Rm.ie Hr- be see.rheil the commiiiee nut to be taken captive by the coarms of el .quence, and •ne appeals made to our p ass,on* mid our sympathies, go as t" forget the lumiamen- •I principle* uf our government. The fiuetice uf a bad example w.-uld often oe felt when its authors a id ail the cir cumstances connected with it were no longer remembered. He knew id hut one analogous instance of tne execution of a pri-uner, and that Imd brought in-re .•ilium, than almost any other incident, on the unhappy Empe or ol France. He al luded to the instancr ol the execution uf •ne unfortunate member of the Bouibon- liouse. lie had sought an asylum in the territories Baden. Bonaparte dispatched a corps utgen d’armes to the plaie of in* 'etreat, -eized him and bruught him to.me. dungeons ol Viucenoes. He w.u then tried by a court martial, Condemned and shut- There, as here, was a violation' of neutral territory; there the neutral griiiiijd was notstaineil with the blood of him whom it should have protected. And there was another must unfoitunate diff- n tice. I'm the American example The Due D'E ghin, was executed according to his sen tence. ft is said iiy the defenders of Na poleon, that the duke had been machina ting not merely to overturn the Fi euch go vernment. but against the life of its chie.l If that were true, he inig t, it taken in France, have b-en 1 gaily executed. Such was the obiuin bruugut upon the lustra- merits of ll.is transaction, tout tho.e per son’s who have been even suspected of par ticipation in it have soug.it to vindicate themselves, from wliat they appear to have considered as au aspersion, ticlore foreign courts, in conclusion of-tills part of In subject, Mr. C. -aid, that be must cheer fully and entirely acquitted general J n k sun ol any inteuuuh iu violate the laws id t ie country, or tile obligations of humanity. He was persuaded, train all that In had ieard that lie thought Inmseif - q-i iliy ie- peeling aad oos rviug both. Willi te. pect to the purity nf ms intentions, the.e fore, lie was dispo-ed to a'low it in the most extensive degree. Of ins acts, saol vlr. C. it is my duty to sp- uk w ith the freedom which b-iong* to my station.— And I snail how pio. <=ed to consider some of them, of the most momentous character, a* it regards the distribution of the powers of government. Ol all the powers conferred by the con stitution of th- United States, not one is more expressly and exclusively granted than that is to congress of declaring war. I'r.e flnmortal convention who framed that instrument, had abundant reason for con fiding this tremendous power to the delib erate judgment • ot the'representatives of the people, drawn from every page of his tory. It was there seen that nations are nften precipitated into ruinous war from lolly, irum pride, from ambition, and from the desire oi military fame, it was believ ed, no doubt, in committing this great sub- ’ ject to the legislature of the uniou, we should be safe from the mad wars that have afflicted and desolated and ruined othei countries, it was supposed that Delate any war was declared tlie nature of the in jury complained of would be carefully ex amined, the power and resouices of the enemy estimated; and the power and the resources of our own country, n well as the probable issue and consequences uf the war. It was so guard our country 1 against precisely that species of rashness, winch has been manifested io Florida, that the constitution waa to framed, if then this power, thus cautiously and clearly bestowed upon congress, ho* been assum ed and exercised by any other functionary of the government, it is cause of sermu, alarm, and it became that body to vindi cate and maintain its aathority by all the mean* ia it* power, aud yet there are some giutlemen, wno would have us nut merely to yield a tatue and silent acquiescence in the encroachment, bot to pass evon a vote uf thanks to the author. On the 2Jth of March. 1313, Mr. C. con tinued, the president of the United State* communicated a me*sage to congress in relation to the Seminole war, in which he .Ie. lared that, although, in the prosecution of it, orders had been given t" pas* into the Spanish territory, tney w » • so guar ded as th*'the local authoiitir* of Spun should be respected, li-.w respected?— The president, by the documents accom panying the message, the orders themselves which issued from the departmeut of war to the commanding general, had assured the legislative that, even if the enemy should take shelter under a Spanish lor- tress, the fortress was not to be attacked, but the fact to be reported to that depart ment for further orders. Congress saw. therefore, that there was no danger of vi olating the existing peace. And yet, on the same 25th day ot March, (a most singu lar concurrence -d dates,) when the repre sentatives uf tne people receive this sol emn ines-age, announced in the presence of the nation and in the face of the world, aud in tin-midst of a friendly negotiation with Spain, does gen. Jackson write frem liis head quarters, that he shall take Kt Marks as a necessary depot for Ins milit i- ry operations! The general states, in hi' letter, what he had heard about the threat on the part of tlie Imliau and negroes, to occupy the fort, and declares his purp se tvi posses* himself of it in either of the two < vinlingeticies ol its being in their hands or m the hands of the Spaniard*. Hu assu .lied a i ig it to judge what Spain was hound to do by her treaty, apd judged very Correctly; but then he also us- -unied the power, belonging to congress alone, or detenrininiug what should be tli e effect and consequence other breach of engagement General Jackson, genn- • lly perform* ivlut he intimates liis mten- tnm to do. Accordingly, finding St. .Marks yet ill the hands ut the Spaniard*, he seized arid occupied it. \V«s ever, he asked, the just confidence of the legislative •indy, in the assurance of the chief magis trate, more abused? The Spanish com nander intimated his willingness that ti.c Vmertran army should lake post near linn, antil he could have instructions from Ins i-ierior uffl- er, and promised to muiu- tain, in the mean time, the in-ist friendly relations. No! St. Marks was a c->nvrn- i-nt po't for the American army, and de- ay wasiaidinissibli. Hehad alvvsysuniler- stoud that the Indians but rarely take or defend fortresses, because they are utiskil- n-d in the modes of attack amt defence.— I'lie threat, therefore,on their part, to seize on St. Mark* must have been empty, am!, would probably have been impracieable — At all events, when general Jackson ar ris- d tnere, no danger any longer threaten ed tne Spaniard from the miserable fugi tive Indian*, who fled on alt sides up -n is approach. And, sir, upon what pl>-1 « this violation of orders, and this act ol war upon a foreign power, attempied to be juUifi-d? Upon- the grounds of th- vonvenicncy of tlie depot ai.d the ludiat threat. The fir»t he would not seriously examine and expose. If the Sp.-.uislicliai a ter oftlie fort had been totally merged in i he Indian! character, it might have been jus 'ifiiblo to seize it. But that was not tlie fict, and the hare possibility of it* being forcibly taken by the Indians could iioi jus tify our anticipating their blow. Uf'allthe dious transactions which occurred during 'lie.late war between Franceand England, .nolle was more condemned in Europe and in the country than her seizure of the fleet d' Denmark, at Copenhagen. And he la- edited to be ubliged to notice the ana logy which existed ia the defences made of the >wo cases. If his recollection did not deceive him, Bonaparte had passed the .thine and the Alps, had conquered Italy, e Netherlands, Holland, Hanover, Lu- iec,and Hamburg, and extended liis em pire as far as Aitoiia on tlie side ef Dr ti tlark. A few days’ inarch would have carried him through Holstein, over the two Belt-, through Funen and into the is land uf Zealand. Wliat then was the con duct of England? It was my lot, Mr. C. •aid, to fall into conversation with an in telligent Englishman on this subject — • We knew (said be) that we were fighting for our existence. It was absolutely ne cessary that ws should preset ve the com mand of tiie seas. If the fleet of Denmark fell info the enemy’shands, combined with his oilier fleets, that command might be rendered doubtful. Deumark had only a nominal independence. She was. in truth, subject to his sway. We said to her, give os vour fleet; it will otherwise be taken p >ssession of by your secret and our open enemy. We will preserve it, and restore to you whenever the danger shall be over. D-nmark refused. Copenhagen was bom barded, gallantly defended, but the fleet was seized. ‘Every where tne conduct of England was censured; and the name even of liie negoriator who was employed bv her, and who was subsequently the minis ter near this government, was scarcely ever pronounced here without coupling with no epithet indicatinghis participation in hedisgraceful transaction.* And yet we are going to sanction actsolviolence.coinit- t“d by ourselves, which but too mu>h re semble it! Wliat an important difference too, between the relative condition ot Eng land aud of this country! She perhaps was straggling for her existence. She was combating single handed, themost enurmus military power that the world has ever knowu. Whc were we contending with? With a few half-starved, half-clothed, wretched Indians and fugitive slaves.— Anil, whd,t carrying on this inglorious war—inglorious as it regards the laurels or cenotru won in it—we violate neutral rights, which the government had solemn ly pledged itself to respect, upon the principle-of convenience; or upon tne light presumption that,by possibility, a post might be taken by this miserable combina tion of Indians and slaves.. On the tlie 8th of April, -the general writes from St. Marks, that he shall inarch fur tne Suwaney river; th* destroying of the establishments «a which will, m Ids opinion,bring the war to a close. Avcor- diugly. having iffecteil that objett, he write* on the 20th of April, that he be lieves he may »ay the war is at an end lor the present. He repeals the same opin* ion in his letter to secretary of war, writ ten six dot* after. The war being thu* ended, it might have been hoped that no further histilitie* would ha*.,been commit ted. Rut on the 4Sd of May. on his way home, he receives a letter froes the commandant of Pensacola, iutimating'his surpize at the invasion of the Spanish territory, and the acts of hostility performed by the Ameri can army, and his determination if persis ted in, to employ force to repel them.— I.ct us pau-e and examine this proceeding of the gover or, so very hostile and affrnn- tive in th* view of geueral Jackson Re collect that he was governor uf Florida; that he had veceivcd no orders from Ids superiors, to allow a passage to the Ame rican army; that he had heard of the re:- duction of Sb Marks; and that general Ja< kson, at the head of hi* army, was ap- pieaching in ’be direction of Pensacola.— He nad seen the president’s message o’f the £5 March, and ri minded general Jack- son of it, to satisfy him that the America^ government could unt hove authorized all those measures. Mr. C. said he r£uld not read the allusion m,de by the goveinor to that message, without feeling that tha chart* «• insincerity, which it implied, had al least too much the appearance of tiuth hi it. Could the governor have dime less than write some such letter? We havo only to reverse situations, and to suppose him to have been an American governor — General Jacksonsav- that when he receiv ed that letter he no longer hesitated. No, sir, he did no longer hesitate! lie receiv ed it on the 23d; he was in Pensacola on tne 24th, and immediately after set him self before the fortress Kan Carlos de Rarancas. which he shortiy reduced.— Cent, vidi, vici M omlerfut energv! Admirable promptitude. Alas! that it hail uot been an energy and a | romplitude within the pale nf the constitution,and ac cording to the orders nf the chief magis trate! It was impossible to give any dc- finatinn of war, that would not compre hend these arts. It was open, undisguis ed, and unauthorized hn-tility. Tne honorable g-'oth man Irani Massa chusetts had endeavored to derive some authority to general Jackson from the message of the president, and the letter of the secretary of war io governor Bibb. I'he message declares that the Spanish »u- t'ioritesare to be respected wherever main tained. What the president means bv ibeir heii)ginaintaiiied,isex|il.iiin-d in iK. mders themselves; by the extreme case beiog put of the enemy seeking shelter under a Spiuish lort. Iteven in that case,he was out to attack, certainly Ip- was not to st uck in any case ol less strength. The letter to governor Bibb admits ot a simi lar explanation. When the secretary says, in that letter that general Jackson i, lully empowered to bring the S- minolo war to a conclusion he means that he is so empowered by his orders, whir.fi, being now before u*, must spe k for themselves. It does nut appear that general Jackson ever saw that letter which wag dated at his place after tlie capture ol St: Marks, fie would tike a momentary glance at the orders. On the 2d of December, 1817, general Games was forbidden to cross the Florida line. Seven, days after, the secretaiy of war having arrived here, amt infused a little more energy into our coun cils, he was authorized to use a souml discretion in crossing it or not. On the 16th, he was instructed again to consider hunselt at iiberty to cross the line, and pursue the enemy, but. if he took refuge under a Spanish fortress, the fact Was to be reported to the department of -war. These orders were transinittsd to general Jackson, and constituted, or ought to have constituted, his guide. .There was then no justification fur the occupation of Petisacola, anj the attack on the Bar rancas, in the message of the president, the letter to governor Bibb, »r in thu_ or ders themselves. The gentleman -Train Massachusetts would pardon him for say ing that he had undertaken what even Ins talents were not competent to—the‘main tenance of directly contradictory propo sitions, that it was right in general Jack- sun to take Pensucela, and wroog in ’ the president to keep it. The gentleman has mad- a greater mistake than lie supposes general Jackson to have done in attackiog Pensacola for an Indian town, oy attempt ing the defence both ufthe president and general Jackson. If it were right in him to seize the place, it is impossible that it should have been right in the president immediately to surrender it. We, sir, are the supportei;*ofthe president. We regret that we cannot support general Jackson also. The gentleman’s liberality is mors comprehensive than ours. I approved, with all my heart, of the resturatioif of Pensacola. I think St. Miuks ought, per? haps, to have been also restored; but I s»v thi* with doubt and diffidence. That the president thought the seizure of the Spanish post* was an acfof war, is mani- fe.ted Irani Ins opening message, in which he says tuat, to have retained them, would have changed our relations with Spain, to do wh.ch the power of the executive was iucoiupeteut, congress alone possessing if The president has, in ibis instance, deserved we'l of his country. He has taken the only course which lie could have pursued, consistent with the constitutioa of the land. Aud he defied the gentleman to make good both his positions, that the gtueral *a, right in taking, and the pre sident right in giving up the posts. [Mr. Uoluies explained. W e took these posts, he said, to keep them from the hand* of the eueiuy, aad, in restoring them, made it a condition that Spain should not let our enemy have theia. We said to her, here is y<»ir dagger; we found it in the hands of our enemy, and’ having wrested it from him, we restore it to you in the hope that you wilt take better cite ofit for t£c future.'} Mr. C.proceeded. The 1 | I i i
