American watchman and Delaware advertiser. [volume] (Wilmington, Del.) 1822-1828, 1825-08-12

preserved, myself, the most guarded silence az h
what were my intentions in going 10 Foxardo, We,
all expected and all approved what took place there
a fact which could arise only from their own con-
victions OF its being proper and necessary. | had
not at the time, the most distant cause TO conclude
ha, was violating the authority of the local GOV.
eminent; had not afterwards, nor have | now
There we're not as in the case of Gen. Jackson's
entry of Florida, any vehement complaints from the
government OF Spain, that her territory had been
violated no official complaint OF any kind has ever
been made, far as the public knows 1t cannot.
therefore, be said, that, instung the present trial.
the government has acted from any necessity aris
ing out OF :he preservation OF peace with Spain, or
giving satisfaction to the government Of Porto Rico,
Having thus shown, that the act for which am
accused was in consistency with the final cause for
which the expedition was fitted out; and, also, that
it was in accordance with preceding and with con.
temporary practice, in the cases OF General Jack.
son, Lieu,enants Kearney, Carson, and Sloat, / will
now apply TO my Instructions another rule Of inter.
probation, applicable to every instrument in writing,
whatever, viz: the comparison OF any given pas.
sage with the context preceding and following il,
and with the circumstances under which it was writ.
ten. In illustration of the propriety of such
rule, the learned counsel referred 10 Gro,us II,
las, which he quoted at length. will use TO nv
instructions the same process of illustration which
was applied to those given TO Gen. Jackson concern.
ing his expedition in the Seminole war and il i,
shall appear, that the powers granted to him, were
less, at least not greater than those to me- it viii
follow, that was bound TO expound the terms Of
mine as going TO the same extent with his: for so
great an opprobium is not to be supposed as hat,
when the government has given the same powers,o
two different officers, and they exercise those pow.
to the same extent, the shall be excused and
praised, while the o.her is accused and condemned,
Let us, then, look oil the terms under which Gen.
Jackson invaded and took possession OF two whole
provinces of the Spanish dominions, produceda
state Of things which he himself says was equsa.
lent to actual cession of those provinces, and es.
tablished not only military bat civil government
there. by reference to the memorial presented BY
that officer to the Senate, in reply to report Of
committee, it will be seen that an order had been
given to Gen. Gaines. who preceded him in the COM
mand, authorizing him to pursue the Indians over
the boundary line OF the United States into The ter.
ritory of Florida-but if they took refuge under any
OF the forlresses belonging to the Spanish govern.
ment, he must there arrest the pursuit, and forth
With acqualnt his government. This order it was
maintained by the Committee, was equally binding
on General Jackson, his successor in command
But General Jackson, disclaiming this inference, and
in opposition to it, quotes and insists his own gen.
eral orders especially on that clause in them
where he is directed TO take all proper means TO
bring the war 10 speedy and effectual issue. He
justifes his whole course in entering the Spanish
provinces, attacking and storming the forts, with all
the other acts which followed these, as being The
means best adapted to accomplish the general OBJ
ject OF his instructions, by bringing the war toa
speedy and effectual issue. He does not even pre-.
tend that his instructions contained any express or.
der to seize on St Marks Pensacola, or the b.
rancas-but juslGes the whole on the broad piinci-
pie Of seideence.
Another document OF interest, in expounding
General Jacksons particular authority for his acts
in Florida, aud OF the more interest on This aston,
because 1t issues from the same high authority and
uses the same terms as my own instructions. Here
the Counsel quoted from Niles's Register vol. XIV,
p. 2l3, the instructions issued by The President TO
Gen. Jackson, laying stress on the expression tina!
the authority OF Spain was not felt beyond the IL
mits of Augustine and Pensacola the rest Of the
territory being filled with wandering Indians,
and persons of all nations, sc. He quoted, also,
General Jacksons remarks in vindicaiion of his con-
duct, in which he maintains that, by entering the
province, &c. he had not committed any encroaeh
ment on the rights of Spain that the officers of the
Spanish iorts were hostile to the government Of the
U. States, and that he should have totally failed in
the object OF the expedition, il he had not deprived
the Indians OF that protection in hch they relied,
and by which they were emboldened TO persesere in
their depredations. The readiness with which tho
provinces were surrendered soon as there was
proper force TO receive and def. nd them proved that
no violation was intended of our peace with Spain.
&C. The Counsel also quoted with emphasis. the
order to prospect the Spanish authorities wherever
they exs: and are maintained."l
1t now remains to look at the circumstances IN
der which the instructions to Gen. Jackson, and
those TO myself, were respectively given, and to
compare the authority by which he entered Florida
ard Foxardo. 1t win be perceived that his au-
thorty was limited even in stronger terms than NINE
He is forbidden to enter Florida unless under GER
tain special circumstances which render il ndispen
sal .e but was not forbidden to land on the Span
ish territory. General Jackson was ordered to