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

IDVeRleQ anu pcTUutOuSly SclZeu my OuiEcTg 1Oul(
believe this when the universal opinion through
out the neighborhood was that Foxardo was the no
torious haunt Of pirates--their hiding place, thei
refuge, from whence they sailed forth to commit
depredations ON the high seas, and prey upon the
unprotected commerce of my country? 1t seems
then very clear, that the restriction of the govern
ments existing and being ielt, was not greater
restriction than that in the instructions before issued
TO Gen. Jackson. The sense of this expression
may be still further illustrated by referring for
mer message of the President of the u States to
Congress, the same session with that last quoted
Here he read passage in which the President
speaks Of the government Of Spain part OF
her provinces being +" scarcely felt,'' &c.
This mode Of describing the local government
which was to respect, is then to be interpreted by
the language used by the President HIMSELF whose
words am bound to observe with due regard. He
describes the cessation of the Spanish government
in Florida a state OF things in which il was
"scarcely telt" Ii was felt, however, at that very
time in the fortress OF St. Marks-for that fort was
able to support siege. and did not csptuate but
BY an instrument containing Ia distinct articles.
ask. the local government felt to this extent
at Foxardo when went thereT The President and
his Secretary both issued justification of General
Jackson in going to ST. Marks. Had gone TO St.
Johns the capital--had besieged the fort there
had compelled the Governor to subscribe Just
agreement 20 restrain these inhuman wretches Gar
worse IMAM savage TUutIiS thc utScFt,J
haps might also have been praised But stopped
short--I stopped at point where The government
was far less iet than St. Marks: for going even
thus far am called to account General Jackson
went far beyond me, and he is vindcated and ap-
plauded.
/ have before advrrted to the various DISCUSSES
employed by the pirates. use this fact to Justify
the conclusion that formed, that Foxardo was, in
truth, q haunt of these ffeebooters-that the 60
vcrnment of Spain there only nominal, being in
effect superseded by piratica power and influence.
was not bound to respect these DISCUSSES. knew
that such existcd-that they were common-but /
held it my duty to seize these modern Proeuses
10 reduce them to their natural shape, and expose
their oathsome deformity. The alleged sggrava-
ton u.s. that transgressed where the local govern
ment existed and was fct-but no! informed
that the local governments were in operation with
my own Efforts? that they ranged themselves on
my side as allies? and could conceive those
wretches with on the rocks OF Foxardo to be
the local authorities could respect them as snchg
When approached the spot, learned That the Al
cade, very inferior magistrate, and one who by
means represents the regular government oil the
Island, was either in actual league with the pirates
or else was overawed by them, (it is immaterial
wbich,) that the authority under which It was pre-
tended that he had acted, that OF the pirates
themselves What was the presumption, was nat
urally led, nay compelled to draw 1t was this
Ntat WOO anu UdBisUdtC WStS al aihSu tobStHSi,
and the matter then comes simply to this was
ordered to- respect the local government where ii
e:risted and ,Uas felt; had all reason to conclude
that these persons were acting against i-they were
certainly committing hostilities on an American
squadron who allies of the local government.
therefore asserted and enforced the authority Of
that government against its own corrupt citizens who
were engaged in violating their duty as allies.
conclude this PAL of the subject with the ex-
siOn0 nj M confident exDeCtatOD that the
will be of opinion. that not only justified in
going as far as did, but bound to do so-tbat. had
| forborne, could not have escaped with IMMUNITY
---or had been even acquitted by others, my own
conscience would have condemned me as having be-
,rayed the high trust and endangered the important
rights and privileges committed to my keeping.
shall now take another view Of the subject.
Hitherto have confined myself to the inquiry, what
my instructions authorized me, what they forbade
me to do. But, suppose have been wholly mis-
taken in nv Interpretation of them; and that, con.
,rary to my better knowledge, was bound to pre-
sumo that all the persons found at Foxardo, were
acting under the authority OF the local government
What follows? Have l committed any act OF
military disobedience Of which Court Martial has
power to take cognizance / contend that gen.
era Instructions issued by the Governments are not
included in the meaning Of that article OF war which
speaks Of the dsobedeDce OF the orders OF su-
perior officer; that article has respect to military
orders proceeding from military source, ana GOES
not apply TO the Government of the United States.
The power Of the government. OF the United
States over It's naval and military officers IS two-iold
lit may punish them by court martial, or IN a
summary manner by recalling them from their
command but If there be true distinction between
orders issued by government and those ny SUPER.
or officer, then offences against the former do not
fall to be tried by court maral-but BY an act OF
The government itself. That government, when II
has given instructions officer, is itself the best
Judge how far he ha. obeyed them and if he has