AVES ISLAND. 265 



excuses for their neglect or timidity in alleged doubts as to their con- 

 stitutional power. Over fastidiousness in this regard by Mr. Jefferson, 

 would have prevented the taking possession of the Spanish ports on 

 the Southern Mississippi border under the treaty of 1795, or the subse- 

 quent occupation of Mobile and the country west of the Perdido fifty 

 years since, as included in the Louisiana cession. No act of Congress 

 existed authorizing Commodore Rogers to fire into the Little Belt just 

 before the war with Great Britain. If Mr. Polk and his cabinet had 

 been squeamish in 1845-6, about the occupation by the Army of the 

 United States of the country between the Nueces and Rio Grande del 

 Norte without congressional authority, the history of this country 

 would have been very different. General Jackson would not have 

 invaded the Floridas in 1814 or 1818 if he had believed an act of Con- 

 gress was necessary. If Captain Percival,#ome thirty years since, had 

 awaited the instructions of the President, and the President had 

 awaited the authority of Congress, before that gallant officer permitted 

 himself to fire upon the savages at Quallabbattoo ; if Commodore Arm- 

 strong or Captain Towle, more recently, had refrained from punishing 

 the Chinese for their outrages, till Congress had passed a law to allow 

 it ; or if President Pierce had asked authority from Congress to allow 

 him to bombard Grey town, and chastise the negro and mulatto vaga- 

 bonds there congregated, for their outrage upon the American minister; 

 if Captain Ingraham had deemed an act of Congress necessary for him 

 to act in the Kozta case, the chronicles of our country would have been 

 greatly variant from those now written. The idea of an Executive of 

 this great Confederacy possessing no attributes unless Congress had 

 sanctioned them, of being helpless as an infant (unless the previous 

 authority of Congress be given to him) to uphold and execute the law 

 of nations, to protect and enforce the rights of American citizens, and 

 to maintain the honor of the American flag, is degrading to the exalted 

 position of the Chief Magistrate of the United States. The concession 

 that the citizens of this government cannot receive the same redress 

 yielded to the subjects of European monarchies, until the Executive 

 asks leave of Congress to fulfill such duty under the law of nations, 

 and the soliciting congressional direction as to the mode of such fulfill- 

 ment, is derogatory to the character of our free institutions. 



The argument that would inhibit the Executive from exercising the 

 power of issuing special letters of reprisal without the previous legis- 

 lative permission of Congress, it is presumed, is founded chiefly upon 

 the idea that the issuance of such letters is a belligerent act, or an act 

 tending to war. The authorities heretofore cited show that it is not; 

 but, .on the contrary, is a pacific, conservative remedy. Doubtless 

 congressional legislation, analogous to that of the British Parliament 

 as early as the time of Edward III and Henry V, and analogous, also, 

 to the French ordinances of marine as early as the thirteenth century, 

 embodied in the tenth article of the famous ordnance of 1681, and to 

 similar leyes of Spain and placarts of Holland on the subject of special 

 reprisals, with such improvements as the progress of mankind render 

 proper, would be beneficial. But such legislation is no more wanting 

 to warrant the Executive in the fulfillment of his duty on the case of 

 special letters of reprisal under the law of nations^ and according to 



