Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1828-04-04

taer proving, intellectual, determined no longer TO
have more responsibility than power, he took meas
to bring the subject before the governing ut in
a way that would admit of no further neglect. On
the 22d April he issued general order forbilding
the officers Of his division 10 obey any order from
the War Department which did not pass through
the office of his Adjt. Gen. About two months at
ter this the President still declining any decision
on the matter, and suffering it to tester by delay
an order was issued from the War Department
to Gen. Ripley, then in command ut New Orleans,
which, in compliance with Jackson's General Or
der, he did not obey. Finding one of his officers
involved iii difficulty by an act of military subord-
nation and fidelity, Jackson Immediately assumed an
attitude which none but Martinez or an attorney
can fail to admire. In letter to the President U2th
Aug. l;i7) he referred TO his former commune
tons on this subject and TO the cases which had
produced them repeated the substance OF his gen.
eral order. and stated the dilemma of General Rip
ley. and with his characteristic spirit and honor
thus relieved him from all responsibility This
has given rise to the proper disobedience of Maj
Gen. Ripley to the order from the Department Of
War above alluded to, for which | hold myself
responsible" He adds-s'In the view l took OF
this subject on the 4th of March, had fattered
myself you would coincide, and had hoped to re-
celve your answer before recurrence of similar
infringement of military rule rendered il NJ cessary
tor me 10 call your attention thereto. None are
inialli5!e in their opinions but il is ertheess
necessary that all should act agrceably to their con-
victions of right. My convictions in favor of the
course have pursued are strong-G should it be-
come necessary, will willingly meet fair inves-
tigauon before military tribunal The good of the
service and the dignity of the commission | hold
alone actuatcd me. My wishes for retirement have
already been made known to you, but under exist
Ing circumstances, my duty to the officers of my
division forbids it, until this subject is fairly under
stood" The final decision when it came was
that order to interiors should pass through The
commanding officer of the division, always there
alter, unleSS IN case Of Neutrality-suspicious. the
principle contended for by jackson, and terminal
ing practice, which. under the aspect of lega
authority, was subversive of discipline, injurious
TO service, and repugnant to justice. IL is tru,
that by the Constitution, the President is Cornman
der IN Chief OF the army, and that by custom
almost equivalent to law, the orders of the Score
tary, are considered the orders Of the President
and that, among the illegitimate descendants o
this custom, was the practice of confding the pow
er OF the Department TO Lieutenants of the line
whose enormous deviations from propriety, as il
the order TO Colonel Sparks, brought il into cues
ton and disreputc. But the President is Com
mandcr in Chief only in the same sense in which
the General is Comman Ter of his division has m
| stronger claim TO the obedience of the Genera
than the latter has to the obedience Of the Colo
mel, and his orders, whether issued under his sign
manual, or through the Secretary of War, or th,
imposing insrumentaty of suba,ern, are 10 b,
restrained by the laws OF Congress and the prin.
ciples OF the constitution No man will conten,
t'idt HIS authority III thc army IS aDSoutc-tlat hi
can oil MS own accord infiict capital punishmen
on soldier-can make lieutenant command
captain, a colonel, general, or exact duty from
either without allowing him his proper rank
Now, the essence OF rank consists in the supcriori
ty OF command, which il con!ers, and any ordc
oil the President, making an inferior disobey tn
orders OF his superior, Is derogation of the ram
oi that superior, and produces disorder the re
moVal OF which, necessarily exposes 10 disturbanc
IN similar and equivalentdegree, the authority c
tIa-
COL Sparks required direct and violent disobedi
ence 10 General JacSson's command as that I
Major Long effected it. To have rendered tbes
orders entirely legal and expedient, thew shout
nave oeen communicated through the conlmandin
General. They would then have preserved tn
gust equality between responsibility and power
which the nature of delegated authority requires
And instead of causing one act of obedience AM
one OF disohedlence, they would have produces
two acts of perfect obedience, through AGENTS no
lated in due subordnation 20 each other Tn
course pursued by the government, moreover. in
Volyedthe signal injustice of fixing p1t6Hclu tn
proportion between Gen. Jackson power and re
sponSibilIty upon which proportion, it must be pre-
suined, he consented to assume the latter and the
privately and without his knowledge, reducin
the former below that proportion, by proceedin,
much in the nature OF an erp6st fdcfo law The 81
ience anu hesitation persevered in respecting hi
remonstrances, while they tended to produce al
impression that the reasons he advances were No
disapproyed, created strong demand for the dc
cisive measure he adopted, and the fact which
but too apparent that the irregularity he com
planned OF, was calculated, if continued, to disap
point the department. as we'll as the General, as
might be retorted by the latter in various perpIex
ing ways furnishes another strong objection to it
Its only excuse Is complete Justification of
where 1t can be shown, and marked condemna
ton OF II, where it cannot be shewn-viz neccssi
ty.-To this fair adjustment and full redress, Gen
jackson brought this abuse in the service, and TO
the spirit and judgment he displayed on that occa
SION Alone he deserves the gratitude Of the ARM
and the respect of his fellow citizens
ITO be cOntinued.J