Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1821-10-09

any title, or claims 10 land, within the some' -
in testimony whereof, have caused these letters
To be hereunio affixed. Given under my hand nj the
City OF Washington, the 10Th day Of March, A ID.
1871 and of the independence fthe United States of
;, tsis%s'D JAMES MONROE.
BY the President:
lSigncD JOHN QUINCY ADAMS.
From this commission we collect the fact
that IT Was the willard intention ofthe president
to invest governor jackson with all the civil,
military and Judicial powers exercised by the
officers of the Spanish government over the
fiordas, before the change of sovereignty, as
he was empowered by the second section of
the act of congress before recited-with such
Limitations and subject to such Instructions as
I might please the president from time to
time to prescribe. The said powers given as
aforesaid are limited only by the following
instructions and reservations of the president
which are, that the governor of the FIoridas
shall have no power or authority to Law, or
collectany new or additional taxes, or to grant
or confirm to any person or persons whomso-
ever any title or claims to land within the same.
From the exceptions themselves we arrive at
the conclusion, that all the civil, military and
Judicial powers are given with this further
exception, such parts of them as are confer
red on others, for all the above powers, ARE vest
ed somewhere, being absolutely necessary to
carry on the government.
| The argument of the defendants counsel a.
ganst the jurisdiction ofthis court is predicated
on the superstition that the constitution publish
ed by the cortes of Spain, is in force in this
country, and five can shew that it is not, it
totally fails. We will here give "A succinct
history OF this CONSTITUTE on, and shew that it
is not in force.
Sometime in the year 1912, Ferdinand VII
/ nj
cortes during the kings exile, framed the con-
stitution and published it in old Spain some
sections of old Spain adopted aud others re-
Jected 1t. Bat 1t never was promulgated in
any oi the transinarine provinces of Spain or
any decree under it-durng the time of Fer
| dlnand's absence, so far as we have been able
to learn after diIigent research and enquiry
On the 4th day of May, 1914, Ferdinand VII.
having previously returned TO Spain, and as
sumed the royal functions bys;a solem decree
promulgated over his whole empire, dissolved
the cortes, annulled all their dccrccs, and
made 1t treason in ms subjects, or any of them
to attempt to carry the constitution or DEGREES
under 1t into effect. In this situation the GOV
eminent of Spain remained AT the conclusion
OF the treaty between the United States and
SPAN signed by their respective plenipoten-
tiarles on the s9d day ofFebruary, 1919. The
ratlhcatlon of this treaty was unaccouutably
delayed on the part of Spain till the 24th of
October, 1920. BY the 18th article of the
treaty, it was to have been ratified in six months
next after the 22d of February 1919, viz: ON
the ga or August, 1919, or soonerif possible.
And IN the ratification, Ferdinand VII. by the
consent and authority of the general cortes of
the nation, declared that the ratification should
be as valid and firm, and produce the same eff
fccts as Int had been done within tile deter
mined period, viz: the time prescribed by the
lIn article This of Itself is sufficient to ex-
cluue the idea that the constitution of the cor
| tes Is IN force IN this country. If any thing
else Is wanting, we have the fact that the
constitution OF the cortes was only promuga-
ted IN the Island of Cuba some time in the
month of january 1921, (about three months
alter SPAN had parted with the sovereignty of
The Floridas ); and if it was ever promulgated
IN these provinces it must have been after that
time, ana long since Ferdinand VII. in ratiry-
ing the treaty by the consent and authority of
the general cortcs of the nation had parted with
the sovereignty, &c. 1t cannot be seriously
commended by the defendants counsel, that any
act OF SPAN after the ratification of the treaty.
| could be considered in force in the country ce-
ued, ny virtue OF the proclamation of the ex-
ecutiNe oil tins country-Such construction
and such doctrine is Incompatible with the
sovereignty of the United States over the Flor
idas. But it is said the proclamation declares
that all the laws and municipal regulations Of
Spain, are in force-it must he remembered.
t"at TIE hrst part OF that section of the proca-
malioh alluded to states that the government
oil Spain has ceased, and that of the United
States has commenced-these words qualify
| those general words relied on, and limit them
to mean only so far as is compatible with the
change oil sovereignty-As well might he con
tend that Spain can legisate at this time for
/ the Flordas-LeSislation being one of the
attributes OF sovereignty, must exclusively be-
long to the sovereign power. Can ii be seri-
ously commended, that the constitution of
SPAN is IN force here, as one of the laws and
MUNICIPAL regulations, continued in force by
The proclamation oftbe governor, founded on
the act OF congress, to carry into effect the
treaty. we have now clearly proved, we be-
lIeve, that the constitution of the cortcs is not
in force here. BY the second section of the
act Just referred TO, the president of the Uni
ted States Is authorised, to have the civil, mill
tary, and Judicial powers exercisedn such man
neras he may direct; for il cannot he contend
ed thai ne has not authority, to place the iu-
deal power wherever he plcases.
We wd now proceed to shew, that the pre-
sdent did not consider the constitution of the
corics was in force in this country and for
which purpose, ii is only necessary To refer to
the presidents Instructions, contained in the
governors commissions; wherein he takes
from him the power of granting or making
concessions OF lands, or confirming those pre-
yiously made.
Now if he considered the constitution of the
cortes IN force in this country, TO have given
tnese instructions, or expressly TO have limited
ms powers IN these particulars, would have
been useless and unnecessary--as the consti-
| tuition OF the cOrtes took away from fine can
tain general, the intendant and governors of
nrn1-I ncns the Of IL