Martinsburg gazette and public advertiser. [volume] (Martinsburg, Va. [W. Va.]) 1826-1833, 1828-01-03

| pretensioa, superlatively absurd and ridden
| lous on its face. protest discern no adequate
| motive to account for II. Was u pervetssnessi
or Or de- or military etiquettei or did the gene
| raj design this order. 10 preserve, by way of
continual claim, his independence of. or rather
his sscendan, over bis lawful superiorsi II
/ such we're the design, II has, for aught we
| know, completely succeeded. have heard
| that this contes, for supremacy has been adj
| iusted to the satisfaction of the executive.
| kaosc that no atonement has been made for the
insult aud injury to The nation. The dignity of
the government is par, of its authority; with
which il is clothed as with all the rest. not for
the personal advantage or honor of ministers,
| but for the public good.
ask your attention now to the events Of the
| present year. General Jackson being again
| ordered to assume the command of our south.
ern army in person, and to chastise and curb
| the Seminoles, the State of Georgia was doom.
| ed to behold his presence in the field. The
| constitution of the United States. expressly
reserves TO the state governments, the appoint.
| ment Of the officers Of their respective militia;
| and the constitution OF Georgia. (like the con.
s,itutions or laws of every other State in the
Union,) appoints the Governor, er.offcio,
| commander in chief of its forces. regular and
militia II is an authority, indeed, essential TO
| the existence Of the state sovereigntics, and 20
| the integ gritty of our system To the astonlsh-
mept OF the nation. General Jackson declares
that his command virtually suspends the con
stituioD OF Georgia, in respect 10 the militsr,
| authority of its executive at least; and in what
other respects. we shall know when occasions
shall occur, as in Louisiana, to develope the
full extent ofhs pretsnsions. Governor Rabun
had issued an order 10 q militia officer, never
doubling, dare say, his own constitutional and
10 f,,I The neHpr ~ mn v,niepsfv
abused. General Jackson, not content with
assuming the power Of redressing the abuse
(ior that was usurpaion,) questions and
denies the authority Of the order ITSELF In his
letter OF May z, 1918. he tells Governor Rahun,
in plan terms You. sir, as Governor OF =
state ithn my military division, have no right
to give military order while am in the field"
Behold the monstrous consequences OF this
broad and bold psetsnsion, lift should Obtain,
Should an ipsurrecton occur in any oifhe states
belonging 10 The drision Of the South, while
General Jackson is in the field, the governor of
the state, and of course every inferior Officer of
the militia. must patiently endure the horrors
of a serviie war, till his high behests can be
known Sirs, cannot repress the sentiment
of as,onishment feel, that the legislature or
the representatives of Georgia in Congress,
have not demanded his immediate arrest and
tria.
But IN truth ~e have the bes, reason for be.
lieving that in General Jackson's OPINION when
ever he is at the head Of an army, oil the
powers of every branch of our governments,
state and federal are suspended or transferred
10 him. His instruc lions for the conduct of the
war sgains, the Seminoes may be gathered
from the Presidents late message to Congress-:
he gas authorised TO pursue The savage enemy
into the Spanish territory, if be should take
refuge there, tskng care not to encrosch on
the rights Of Spain. According to the laws OF
nations, it is absolutely unlawful TO attack an
enemy in neutral country, commit in II any
other hostility; but if d neutral afford a retreat
to one belgerent, and aIlow him time to re-
cover, and watch favorable opportunity of
rene wing his attacks the territories of the
other, hat other may march into the neutral
territory in quest OF his enemy. The orders
which were given to General Jackson Gas
understand ,hem) authorised him to carry war
into Florida against the Seminoles, but not 10
commit hostility against the subjects OF Spain;
and his correspondence shews. that he himself
understood them IN the same light. acqut the
Executive. therefore, OF Intending violation
OF the constitution, in waging war without .
previous declaration OF il by Congress. The
merits Of Gen. Jsckson's conduct may be stated
ina few words. Disregarding his orders usurp-
ing the powers of Congress, which alone by
4 our Constitution Is Capanie OF declaring war, ne
took st. Marks by assault, add Pensacola by
| cspi,uation; the first on the 9TH Of April and
| the latter on the 9th of May. Whether in the
interval Of fifty days which elapsed between
! the seizure Of the .wo posts, the Executive had
! time to get intelligence OF his proceedings, and
send new orders to the General whether II did
send him such otders' and whether he was IN
struc,ed 10 persist in or ~ forbear further sg
gressInns against Spain2 are questions, which
/ well deserve solution, bus which are not to be
discussed in the actual state Of the information
before the public. ] his only we know, that
tue President, while to preserve peaceful yeia-
| tons with Spain, he disayows Gen. Jackson's
| proceedings, at the same time excuses and APP
| pisuds that officer himself for these very acts
| Whether The circumstances, which came 20
Gen. Jsckson's knowledge. during the cam
! pagn would have afforded just cause OF de.
I caraIion Of war against Spain, is not the qoes.
! ton: whatever hose ciFcumstances were, II
was an usurpaiion in Gen. Jackson 70 wage war
upon his own judgment. What does General
Jackson, about the time of these very proceed
| inss, say on this very subject, 20 Gov Rabun'
/ He Indignantly denies his right to make war
| gainst an Indian tribe in peace With and under
! the protection OF the United States. Out OF bis
/ own mouth condemn him.
| The law of nations afford no more protection
to individuals against the violence of this officer.
than g. sovereign states. silude to the trial and
execution OF Ayhuthnos aud Ambrlster- To give
| a general character OF these strange proceed
4 ...raa Ii fAyE s4wI