Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1825-08-11

ing satisfaction to the government oil Porto Rico.
Having thus shown, that the act for which ans
accused MAS in consistency with the final cause Tor
which the expedition was Cited out; and also, that
il was in accordance with preceding and with con-
temporary practice, in the csses oil Gen. Jackson>
Leu,enants kearney, Carson, and Sloat, will
now apply to my instructions another rule OF in |
depreciation, applicable to every instrument In
writing whatever, viz: the comparison OF any Civ
en- passage with the context preceding and follow
ing II, and with the circumstances under which 1t
was written. In illustration Of the propriety of
such rule, the learned counsel referred to Grotius
III, Ids, which he quoted at length. l will use to
my instructions the same process Of illustration
which was applied to those given to Gen. Jackson
concerning his expedition in the Seminole war;
and IT 1t shall appear. that the powers granted to
him were less, at least greater than those TO
me, 1t will follow, that was bound to expound
the terms OF mine going TO the same extent with
his tor so great epprobrium Is not to be suppos-
ed as that, when the government has given the
same powers to two different officers, and they ex
ercise those powers TO the same extent, the one
shall be excused and praised, whe the other is ac
cused cnd condemned Let US, then, look at the
| terms under which Cen jackson inv AIDED and took
possession OF two whole provinces OF the Spanish
dominons, produced state OF things which he
| himself says equivalent to an actual cession
OF those provinces, and established not only mill
tary but civil government there. BY reference to
!
nate in reply to report OF committee, IL will be
| seen that 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 oil Flo
ridabut if they took refuge under any Of the for
tresses belonging TO the Spanish government, lie
must there arrest the pursuit. and forthwith ac-
| quaint his government. This order Il was Inain-
! tanned by the Committee, was equally binding on
General Jackson, his successor in command. But
General jackson, disclainng this inference, and in
opposition 10 il quotes and insists on his gen.
eFal orders especially that clause in them
where he is directed 10 take all proper means to
bring the war to speedy and etfectual issue He
justifes his whole in entering the Spanish
| Provinces attacking and stormng Tie forts, with
all the other acts which followed these as being the
means best adapted to accomplish the general OBJ
Jcct oil his instructions, b. bringing the war to a
! speedy and etIectual issue lie does not even pre-
tend that lis instructions contained any express Or
der TO seize ST. Marks Pe+r-scola or the Baran-
cas-but justifes the whole on the broad principle
| of self deience.
Another documen. OF interest, in expounding Cen
era Jackson's particular authority for his acts in
Florida, and OF he more interest this occasion,
because it issues from the same high authority and
uses the same terms my own Instructions
| Here the Counsel quoted from Niles Register,
vol XIV p. 2l3, the Instructions issued BY the Pre-
sdent to Gen. jackson, laying on the express
| sion that the authority Of Spain not feH be-
| yond the limits of Augustine and Pensacola-,he
res, of the territory being led with wandering In
dams, and persons OF all nations, SC. He quoted,
! also, General Jacksons remarks III vindication OF
his conduct, in which he maintains that, by enter
! ing the province, &c. he had not committed any
encroachment the rights Of Spain that the Off
ofthe Spanish forts were hostile TO the govern
ment the u. States, and that he should have to-
tally failed in the object OF the expedition, il he
| bad deprived the Indians OF that protection in
which they relied, and by which they were en-
| boldened 10 persevere in their depredations. The
readiness with which the provinces, were surren-
dered as soon as there was proper force to
ceiye and defend them, proved that no violation
was intended of our peace with Spain. Sc The
| Counsel also quoted, with emphasis the order TO
F" respect the Spanish authorities wherever they
exist and ave n,ai1ltdined."]
! Ii now remains to look at the circumstances un-
der which TIE instructions 10 Gen. Jackson, and
those 10 myself, were respectively given, and TO
compare the authority by which he entered Florida
and Foxardo 1t will be perceived that his authori-
ity was limited even in stronger terms than mine
He is forbidden 10 enter Florida unless under cer-
tain special circumstances which render it inds-
pensabIe but was not forbidden to land on The
Spanish Territory. General Jackson was ordered
10 respect the local authority wherever II eristed
| and tDas maintained. was ordered to respect
the local government I" wherever it exists and is
felt" Thus the only difference between our or
ders in this point is to be found in the difference
between governments existing aud being
maintained. and IFS existing aud being felt.
There only these two restrictions LIST.
That the government should exist, and that ii
should be felt. In this language something else is
evidently Intended than mere formal exercise of
| sovereignty. 1t docs not refer TO sovereign de-
jure and in only but to that which exists TO
some practical purpose. But what was the very
purpose Tor which such government should ex-
ist! So far as was concerned, this purpose was
10 restrain pirates and aid in the suppression of
pThcy. Should then suppose, was bound 10
believe, hat the government, in the sense of nv
Instructions, &c existed" and :" was felt'' where
those claiming to be its organs, acted in the very
face Of such purpose Was bound TO respec
as the local government of Foxardo mob on the
rocks of the harbor who were training guns upon
me' Gould view such those who had in
weighed AID perhdiously seized my officer? ould
believe tins, when the universal opinion through
oui the neighhorhood was, that Foxardc was The
notorious haunt Of piraes-their hiding place. their
refuge, from whence they sailed forth 10 commit
depTedations on the high seas, and prey upon the
unprotected commerce Of ny country? II seems,
then, very clear that the restriction OF the govern
ment's existing aud being felt, not greater
restriction han that in the instructions before issued
10 Gen. Jackson. The sense of this expression
may be still farther illustrated by referring to
former message of he President or the T.. S. to
longIess, Il the session with that last quoted
Here he read a passage in hch he President
speaks of the government; OF Spain part Of her
provinces being q" scarcely felt" &c.
This mode OF describing The local government
which was to respect is then 20 be interpreted by
the language used by the President himself, whose
words Tam bound 10 observe with due regard
lie describes the cessation of The Spanish Govern