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

on the rights Of Spain" Again: In entering lori
d to suppress tbs combination, no idea was entertain
cd Of hostility to Spain; and, however unsuitable the
commanding general was, IN consequences Of The mis-
cOndnct Of the Spanish officers entering ST. Marks
and Pensacola TO terminate ~ by proving To me saYa
ges and their associates, that they could not be pro-
fsctcd, there, the aIucable relation between
she United States and SPAN could not be altered by
that act alone BY ordering the restitution OF those
posts those relations we're preserved. 10 a change OF
them The power Of The executive is deemed ncompe-
tent. u IS vested 10 congress alone" he view Ia
ken Of this subject met your entire appreciation APP
pears from the extract Of your letter. OF 1h Deceln-
Der, 1913, above referred to.
Alter such full and decisive proof it seems to me,
u tie view Of the executive bad right, as suppo
sed, 20 conclude that you long since knew that the ad
mnisratiOn and M self III PARTICULAR were Of the OPT
mon that the orders under which YOU acted did
thorse you to occupy the Spanish posts; but now IN
ter rom your letter, TO winch this answer, that
such conclusion erroneous, aud that you Oi
the impression I'LL you received MIR. Crawford letter,
that concurred IN the opposite construction, which you
gave to your orders, that they intended To author
iZe you 20 occupy the posts You rely for this impress
son, az ! understand you, on certain general express
aons IN nay euero governor Blbb of Alabama, Of the
18Th Oi May. 1913, in which | stated that Genera!
jackson is vested with full powers conduct the
n the manner he shall judge best, and also IN my let
Ter OF the oh ebruary 1913, in answer to yours Of the
18th January OF the same year. in which acquainted
you with the entire appreciation Of the president Of
nj the measures you had adopted 10 terminate the rup
nIre with the Seminole Indians
wiIi moi reason the point that a letter to governor
Bibb which was not communicated to yon, which
bears date bong after sou Ind occupied ST Marks and
subsequent 10 the time you had determined to occupy
pensaCOIa tsee your letter OF June ID, 1918, me, pub
Lshed with the Seminole documents,l could give you
iuthorityto occupy those posts. know that, in quo
ting the letters you could not intend such ahsurdlty,
authorize such an Inference and must therefore
Guide that was your intention by the extract to show,
that at the time of writing the letter. my opln
ION that the orders under which you did act,
tended 10 authorize the occupation of the Spanish
posts. Nothing could have been remote trommy
attention writing the letter. Ii would have been IN
opposition TO the view which have always taken of
your orders, and in direct contradiction to the presi
dents message of the 18th March, 1913 communicated
but few weeks before the house of representatives,
(already referred to- and which gives directly oppo
site construction 90 your orders la fact, the letter,
Its lace, proves that was not the intention of the gov
ernment 70 occupy the Spanish posts. BY referring
II, you will see that enclosed to the governor copy
OF my orders to general Games, OF the 10Th December,
(8i. authorizing him the Spanish line, and to
attack the Indians within the limits Of Florida unless
they should take shelter under Spanish post IN which
event, he was directed to report Immediately to the de-
partment which order governor Bib was directed to
consider as his authority for carrying the into Flo
rlda, thus clearly establishing the fact that the order
was considered still in force and not superseded by that
20 you, directing you to assume the command IN the Sc
ninole war.
Nor can my letter of the 9Th of February be- by any
sound rule OF construction, interpreted into author
y to occupy the Spanish posts cOuntenancIng,
y pnr such an Interpretation OF the orders previous
ly given 10 you. Your letter OF the 20th January, to
which mine answer, bears date at Nashville be-
fore you set out on the expedition and consists Of ma
raYe OF the measresadopted by YOU order bring
your forces into the field where they directed to
rendezvous, the time intended ormarchng, the orders
tor supplies given TO the contractors with other details
% the same kind, without the slightest indication OF
your intention TO act against the Spanish posts; and
the appreciation of the president of the measures you
had adopted could be intended TO apply to those de-
tailed in your letter. do not think that your letter of
the lbh instant presents the question: whether the
ccunve or yourself placed the true construction, con-
aidered as military question, ON the orders under
which yoR acted. But must be permitted TO say, that
tHe construction OF the former is strict conformity
"ith my Intention in drawing up the orders; and that
1t they be susceptible Of different construction it was
tar from my intention they should be- | did not then
suppose, nor have ever, that it in the power of
the president, under the constitution, order the OC
cupaton Of the posts Of nation with whom we were
not at war; whatever might be the right of the gene
raj, under the law OF nations, TO attack shei
tered under the posts OF neutral power; and had
Seen directed by the president 10 issue such order,
should nave been restrained from complying by the
higher authority Of the constitution, which had sworn
10 support Nor viii discuss the question: whether
tie order to general Gaines, nhlbtng him from at
lacking the Spanish posts, "a copy OF which was sent
o}ou) was IN fact, and according to military usage an
order to You, and OF obligatory until rescnded
ouch, certainly, was my opinion. know that yours
different You acted on vutr construction bel;ev-
'ng to be right; and, in pursuing the which
nave done, clam an equal rlghto on the conszc-
Hon which conceived to be correct knowing IL 10
"oniotm to NY intentions m issuing The orders. But, in
waving now the question OF the true construction Of
the orders, wish H. however to be understood II is
only hecause do not think presenedb by Your letter.
ana not because have now, had, the least
DOUBT OF the correctness OF the opinion which enter
IAN, l have always been prepared 10 discuss II on
,tchdy terms Wthyou, as appears by the extracts from
VIZ. Monroe correspondence, and more recently by
my letter to you Of the 30th Of April, 1923 covering
copy ct letter OF major H. Lee IN which decline
correspondence that he had requested the subject
H'- construction OF your orders In my letter TO ma
Lee stated, hat as YOU refer the public docu-
'acns only for the construction which the executive
gave to The orders, infer that tins subectyeu have