42
THE WAR IN TEXAS.
valent spirit, to substitute the present dispositions of number of troops, the same quantity of arms, ammua
supposed majority, right or wrong, for the estab- nition, and yet, Mr. them all, by the laws of nature, for, by nature's law,
Read, as Prosecuting ! ttorney, would laugh at a man is at peace with man, till some, aggression is
defence predicated upon such definitions. Who committed, which, by the same law authorizes one
would not ? and what is the distinction between the to destroy another, as his enemy. For our citizens,
eases? then, to commit murders and depredations on the
Is it an offence against any known law, thus to members of nations at peace with us, or to combine
furnish men and arms to aid Texas in her war with to do it, appeared to the executive, and to those
Mexico? Let Texas and Mexico be regarded as whom they consulted, as much against the laws of
equally independent States, engaged in war with the land as to murder or rob, or combine to murder or
each other. the United States is neutral in this war. rob, its own citizens-and as much to require punishAs
a neutral, what are her duties, as one of the com- ment, as if done within their limits, or on the high
munity of nations. Independent of the law of Con- seas, where they have a territoriaf jurisdiction, that
gress, which will be given in its place. the law of is to say, one which reaches their own citizens only
nations defines the duty of the United States in her -thi being an appropriate part of each nation on an
present position. What this law of nations requires, element where all have a common jurisdiction. So
is thus pointed out by Mr. Jefferson, when Secretary say our laws as we understand them ourselves."
of 'State, in a letter to the French Minister Genet, of [State Papers, vol. 1, p. 91, and this had been very maturely inquired into, have acted with him? Let them recollect from
before it was adopted as a principle of conduct. But whence and from whom the definition comes:-it is
we will not assume the exclusive right of saying w hat not mere editorial vituperation. Congress, however,
that law and usage is. Let us appeal to enlightened has not treated these doings as of a grade of crime
and disinterested judges. None is more so than equal to robbery or murder-it has constituted them
Vattel. He says, 1.3, s. 104, 'as long as a neuter misdemeanors. The act of April 20, 1818, sections
nation wishes to enjoy this situation with certainty, one, two, and six, provides:
it ought to show, in every thing, an exact impartiality 1. Be it enacted, 84c. That if any citizen of the
between those who are at war. For if it favored the United States shall, within the territory orjurisdiction
one, to the prejudice of the other, it cannot complain thereof, accept and exercise a commission to serve a
when that other shall treat it as an adherent and as- foreign prince, state, colony, district, or people, in
sociate of its enemy- Its neutrality would be a war, by land or by sea, against any prince, state,
fraudulent one, of which none would be the dupe. colony, district, or people, with whom the United.
Let us see then wherein consists that impartiality States are at peace, the person so offending shall be
which a neutral people ought to observe deemed guilty of a high misdemeanor, and shall be
" It regards war only, and comprehends two thihgs. fined not more than two thousand dollars, and shall
1st. To give no succour when not obliged thereto; be imprisoned not exceeding three years.
not te furnish, freely, either troops, arms, ammtni- 2. That if any person shall, within the territory
tion, or any thing which directly serves for war. I or jurisdiction of the United States, enlist or enter
say, to give no succour, and not to give it equaly; for himself, or hire or retain another person to enlist or
it would be absurd in a state to succour two enemies enter himself, or to go beyond the limits or jurisdicat
the same lime. And besides, it would be impossible tion of the United States with intent to be enlisted
to do it with equality; the same things, the same or'entered in the service of any foreign prince, state,
