Martinsburg gazette and public advertiser. [volume] (Martinsburg, Va. [W. Va.]) 1826-1833, 1831-03-01

honor and benefit OF my country; and whenever Gun,
Tor this purpose, il shall become necessary to assume
further liability no scruplc will be urged or feit. but
when it shall be required of TO do and the result
be danger and injury to that country tne ihouceehi
win be lost and my consent will be wanting:
This principle is held to be mountaineering, that an
order, generally to perform certain service or erect
certain object without any specIhcauon OF the means
10 be adopted limits to govern the executive ofhcer
discretion with the officer as to the choice
and appcaon of means, but preserves the RESPONSE
blitv for his the authority from which the order
emanated. UnHer such order all the acts OF the m
ierior acts OF the superor aud IN no way can the
subordinate oilcer be mpeached Tor his measures ex-
cept on the of deficiency judgment and skill.
1t is also grammatical TRUTH that the limits OF such an
order cannot be transcribed without an entire deseron
of the objects il contemplated for long the nam
legitimate design Is keptn view, the policy OF the mea-
sures adopted accomplish is alone TO be considered
Ii these be adopted the proper ruiesoi constructors
and apply them TO my order OF December 70, 1917,
Twill be at once seen, that, both IN description and OPP
eratve principle, they embrace that order exactly. The
acquisitions OF the order are for the commanding gene
raj to the immediate command at tort Scott, to
concentrate all the contiguous and dsposable force OF
the division that quarter to Call on the executives OF
adjacent states for an auxiliary militia force, and con-
cludes with this comprehensive command: With this
you may be prepared to concentrate your forces,
and adopt the necessary measures to terminate con-
fct, which has been the desire OF the president,
from motives OF humanity to avoid, but which is now
made necessary by their settled hostility"
In part of this document there reference to any
previous order either to myself another officer with
view to point TO me the measures thought advisable,
orthe limits of my power in choosing and eitectng them
IL states that Gen. Gaines has been ordered Amelia
island, and then proceeds inform that subsequent
orders have been gwen to Gen. Games LOT which CO.
pes will be furnished YOU, that you would be directed
10 take the command, and directing him to eassume,
should've deem the public interest to require IT, the COM
mand at fort Scott until you should arrive there Last
~ mentions that he instructed TO penetrate the
Seminole towns through the Foridas, provided the
strength OF his command at Amelia would justify his en-
gaglng IN offensive operations" The principle deter
mining the weight of references subsequent ORDERS
10 instructions previously given is well settled. Such
references are usually made with OF these two In
tentIonsether the order given to second officer
10 effect certain purpose which was intended be eff
tected by another officer, and the instructions OF the first
are referred to as the guide OF the secOnd the order
contains and is designed for extension of authority
and only refers to anterior communications to give
Jul view OF what has been previously attempted and
performed In the first it is always necessary to
connect the different orders by specific provision, that
no doubt may exist as to the extent of the command
and thus the several acquisitions and instructions arc
malgamaed, and the limits of the agent plainly and
curely established. In the second such provision
IS necessary for entire discretion in the choice and
use OF means being previously vested the reference, if
there be any, only descriptive of the powers anece-
entiy gven and the results of attempted
der such speccal limitation. But admitting, that, in
my order OF December6 1917 there such reference
as contemplated in the first case, allow examine
IT'S character and amount stated that orders have
been gwen TO Gen. Gaines copies of which will be
furnished you, but without affirming that they are 10
DC considered as binding me- any way connect
ed with the comprehensive command that should ter
inmate the Seminole conflict. On the contrary, SO far
are they from being designated my guide and limits
IN entering Florida that, stating their substance
the ensuing sentence, alusion whatever is made eth
er TO means or limitation
How, then, can it be said with proprety that have
trdascede0 tte tt,ts oil my orders, acted my
reSp0lstoshtyf My order comprehensive as it
could be, and contained neither the minute original in
strucnons or reference to others previously given to
guide and govern me. The fullest discretion left
with me In the selection and application of means eff
1ect the spechca legitimate objects of the campaign;
and Tor the exercise OF sound discretion principles
OF policy am alone responsible But allow to re-
peat that responsibility is not feared by me, if the gen.
eral good requires Its assumption. never have shrunk
from IT. and never will; but against its imposition
me contrary to principle, and without the prospect of
ny polite result must contend with all the feelings of
ssoldier and citizen. Being advised that you at
your country seat in Loudoun, where expect this will
reach you, enclose you copy OF the order to OF
ihe 18th December l917 and copies of the orders of
general Games therein referred from perusal of
which you will perceive that the order TO me has
ference to those prohbtory orders general Gaines
that you have referred 10.
h Ii will afford me pleasure to aid the government in
procuring testimony that may be necessary to prove
the hostility OF the officers of Spain to the U. States.
had supposed that The evidence furnished had estab-
ished that faottha the officers OF Spain had identif-
ed themselves with our enemy, and that St Mark and
Pensacola were under the complete control of the In
dams, although the governor OF Pensacola at least had
force sufficient TO have controlled the Indians had he
chosen to have used it in thai way. For the purpose
VI ueteSSdiy vi Tue nOSille acts
of the governor of Pensacola, l despatched Captain
Young Typographical engineer and as obtained
will be furnished YOU trust view of all my COM
muncations copies Of which have been forwarded by
Capt Gadsden,l you will find that they do not bear the
construction you have given them. They were written
under bad health great fatigue, and in haste. My bad
health continues: labor under great bodily debility.
Accept assurances ofmy sincere regard and esteem
and am, respectfully, your most obedient servant
ANDREW JACKSON.
James Monroe, President United States.