Phenix gazette. [volume] (Alexandria [D.C.]) 1825-1833, 1825-08-09

which am accused was in consistency
with the final cause for which the ex
petition was fitted out; and, also, that
it was in accordance with preceding
and with cotemporaneous practice, In
the cases Of General Jackson, Lleuts
Kearney, Carson and Sloat, will now
apply to my instructions another rule
ofinterpretation, applicable TO every
instrument in writing, whatever, VIZ
the comparison of any given passage
with the context preceding and follow
ing it, and with the circumstances un-
der which it was written. In illustra-
ton of the propriety of such rule, the
learned counsel referred to Grotius, II,
l45, which he quoted at length. l
will use to my Instructions the same
process of illustration which was ap-
Iblied to those given to Gen. Jackson
concerning his expedition in the Semi
mole war; and if it shall appear, that
the powers granted to him, were less,
or at least not greater than those grant
ed to me, it will follow, that was
bound to expound the terms OF mine as
going to the same extent with his: for
so great an opprobium is pot to be sup
posed as that, when the government
has given the same powers to two di-
ferent officers, and they exercise those
powers to the same extent, the one shall
be excused and praised, while the 9TH
er is accused and condemned. Let US,
then, look at the terms under which
Gen. Jackson invaded and took posses
sion of two whole provinces OF the
Spanish dominions, produced a state
of things which he himself says was
equivalent to an actual cession Of those
provinces, and established not only mi
iitary but civil government there. BY
reference to the memorial presented
by that officer to the Senate, in reply
to report of the committee, II will be
seen that an order had been given to
Gen. Gaines, who preceded him in the
command, authorizing him to pursue
the Indians over the boundary line Of
the United States into the Territory Of
Florida-but if they took refuge under
any of the fortresses belonging to the
Spanish government, he must there ar
rest the pursuit, and forthwith acquaint
his government. This order, it was
maintained by the committee, was E.
qnally binding on General Jackson, his
successor in command. But General
Jackson. disclaiming this interference,
and in opposition to it, quotes and in
sists on his own general orders-espe-
ciaI.y on that clause in them where he
is directed to take all proper means to
bring the war to speedy and effectual
issue. He justi6es his whole course in
entering the Spanish provinces, attack
ing and storming the forts, with all the
other acts which followed these, as be-
ing the means best adapted to accom-
plish the general object of his instruc-
tons, by bringing the war to speedy
and effectuaI issue. He does not even
pretend that his instructions contained
any express order to seize on St.
Marks, Pensacola, or the Barancas--
but iusti6es the whole on the broad
principle Of self defence.
Another document of interest, in ex-
pounding General Jackson's particular
authority for his acts in Florida, and
of the more interest on this occasion,
because it issues from the same high
authority and uses the same terms as
my own instructions. Here the coun-
sci quoted from Niles's Register, vol.
XIV, p. 2l3, the instructions issued by
the President to Gen. Jackson, laying
stress on the expression that the autho-
rity Of Spain was not felt beyond the Ii
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
Jackson's remarks in vindica:ion ofhis
conduct, in which he maintains that,
by entering the province, sc. he had
not committed any encroachment on the
rights of Spain; that the officers of the
Spanish forts were hostile to the gov
ernment of the United States, and that
he should have totally failed in the OBJ.
ject of the expedition, if he had not de-
prived the Indians of that protection
in which they relied, and by which
they were emboldened to persevere in
their depredations. The readiness with
which the provinces were surrendered
as soon as there was proper force to
receive and defend them, proved that
no violation was intended of our peace
with Spain, &c. The counsel also quo
ted with emphasis, the order to ire
spect the Spanish authorities wherever
they exist and are maintained"
1t now remains to look at the cir
cumstances under which the instruc-
tons to General Jackson, and those to
myself, were respectively given, and to
compare the authority by which he en-
tered Florida and I Foxardo. 1t will
be perceived that his authority was Ii
mited even in stronger terms than
.-..,o IL Z. co.b.Jlao En- aota, FL ~;