Alabama state intelligencer., 1831-03-16

of me to do so, and the result be danger and injury to that country, the nducement will be lost and my consent will be wanting
 This principle is held to be incontroveriibe, that an order generally, to perform certain service, or effect certain object, without any specification of the meaus to be adopted, or limits to govern the executive officer leaves entire discretion with the officer as to the choice and application of means but preserves the responsibility for his acts on the authority from which the order emanated Under such order all the dcts of the inferior are acts of the superior; and in way can the subordinate officer be impeached for his measures, except on the score of deficiency of judgement and skill It Is a- so grammatical rnh that the limits of such an order cannot be transceaded without an entire deserton of the objects 1t contemplated for long as the main legitimate design is kept in view, the policy of the adopted to accomplish it is alone to be con sidered If these be adopted the proper rules of construction and we apply them to my order of Dec 26 1Sl7, 1t will be at once seen, that both in de- scrption and operative principle they embrace that order exactly. The acquisitions of the order are for the commanding general to assume the immediate command at fort Scott, to concentrate all the cont- guous aud dsposable force of the division on that quarter to call the executives of adjacent States for auxiliary militia force, and concludes with this comprehensive command: With this view you may be prepared to concentrate your forces, and d. dopt the necessary measures to terminate conflict which it has ever 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 is there a reference to any previous order, either to myself or any other officer, with view to point to me the measures thought advisable, the limits of my power in choos- ing and effecting them It states that Gen. Gaines has been ordered to Amelia island, and then pro- ceeds to inform me that Subsequent orders have been given to General Gaines (of which copies will be furnished you) that you will be directed to take the command and directing him to re-assume, should he deem the public interest to require it, the command at for. Scott until you should arrive there" Lastly, mentions that C he instructed to penetrate the Seminole towns through the Floridas, provided the strength of his command at Amelia lsl and would justify his engaging in offensive opera tons The principle determining the weight ofreferen- ces, in subsequentorders to instructions previously gi ven is well settled Such references usually made with one of these ntentons-eher the order is given to second officer, to effect certain purpose which was intended to be effected by another officer, and the instructions of the first referred to the guide of the second; or the order contains and is designed for an extension of authority, and only fers to anterior communications to give full view of what has been previously attempted and perform ed. In the first it is always necessary to con meet the different orders by specific provision that no doubt may exist to the extent of the command and thus the several acquisitions and instructions amalgamated and the limits of the agent plainly and securely established In the second, no such provision is necessary for an entire discretion in the choice and of means being previously vested, the reference if there be any, is only descriptive of the powers antecedently given, and the results of attempted under such specifcal limitation. But admitting, that Tn my order of December 26, 1S17 there is such reference as contemplated in the first case allow to examine it's character and amount It is stated that "orders have been given to General Gaines, (copes of which will be furnish ed you,)" but without affirming that they are to be considered binding on me, or in any way con nected with the comprehensive command that should terminate the Seminole conflict. On the con trary, so far are they from being designated my guide and limits in entering lForida that, in stating their substance in the ensuing sentence, no alusOn whatever is made either to means or limitation.
 How then, can it be said with propriety that have transcended de limits of my orders, acted on my oDn responsibility? My order was comprehen- sve as it could be- and contained neither the minute original instructions, reference to others previ ously given, to guide and govern me. The fullest discretion was left with in the selection and ap plicatou of the to effect the specfcal egiti- mate objects of the campaign; and for the exercise of sound discretion on principles of policy am I alone responsible. But allow me to repeat, that re- sponsibty is not feared by me- if the general 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 any political result must contend with all the feel ings of soldier and citizen. Being advised that you at your country seat in Loudoun, where ex- pect this will reach you, enclose you copy of the order to me of the 26th December, 1S17 and copies of the orders of General Gaines, therein referred to from perusa of which you will perceive that the order to me has no reference to those prohbitory ders to General Gaines that you have referred to.
 It will afford me pleasure to aid the Government in procuring any testimony that may be necessary to prove the hostility of the officers of Spain to the United States. had supposed that the evidence furnished had established that factthat the officers of Spain had identified themselves with our enemy, and that St Marks and Pensacola were under the complete control of the Indians, although the Go- vernon of Pensacola at least had force sufficient to have controlled the Indians had he chosen to have used it in that way. For the purpose of procuring the necessary evidence of the hostile acts of the Governor of Pensacola despatched Capt. Young, typographical engineer, and as soon as obtained will be furnished you. trust, a view of all my com munications, (copies of which have been forwarded by Captain Gadsden you will find that they do not bear the construction you have given them. They were written under bad heath great fatiguc and in haste, My bad health continues: labor under great bodily debility. Accept assurances of my sincere
 regard and esteem: and am. respectfully, your most obedent servant, ANDREW JACKSON.
 [C.1 James Monroe to Gen. Andre,o Jackson.
 WASHINGTON, October 20, 1918.
 DEAR SrR:-I received your letter of the 18th of August, while was at home, on my farm in Abe marie and there appearing to be no necessity for giving it an immediate answer, delayed it until my return here
 was sorry to find that you understood your in structions relative to operations in Florida differently from wha. we intended. was satisfied, however, that you had good reasons for your conduct, and have acted in all things that principle. By sup posing that you understood them as we did, 1 con. cluded that you proceeded on your own responsbii- ty alone, in which, knowing the purity of your mo- tves have done all that could to justify the mea- sure. well knew, also, the misconduct of the Spa nsh authorities in that quarter, not of recent date