Alexandria gazette & daily advertiser. [volume] (Alexandria [Va.]) 1817-1822, 1821-10-05

have specially vested 10 me, and excep' also
such officers as have been intrusted with the
collection OF the revenue, are continued IN
their functions. during the pleasure OF the
governor for the time being, or until proV'-
sion shall otherwise be made. The Gov
bias since published various ordinances, touch.
ing the harbor of Pensacola, the health OF
the place, the registering Of the citizens.
sc. &c.-bnt the most material are those,
which organize county courts; BY these it IS
directed THAT the judicial proceedings in
all civil cases shall be conducted, except az
to he examination Of witnesses. according
to the course Of tn existing laws, or the
laws of Spain; and in criminal cases ac-
cording to the course of common law" &c.
&c.
We presume that these powers have been
duly exercised in conformity with the Presi-
dents commission. From the great range
which they pursue. il gives us cause tor the
regret that Congress should not have taken
into their own hands "the organization OF the
government of Florida" If any thing can
! add to this regret, it is the late events which
have transpired at Pensacola.
COLONEL CALLAVA.
We shall not stop to enquire, whether the
! Governor had the authority to do as he has
done, or whether there was any other legal
process by which he might have reached the
papers in notwithstanding him the full
authority to act, we are however prompted
| to ask,
Is,. Whether he might not have seized
the papers in the frs, instance. as well as the
last, without touching Cailaya?
Cd. Why not have confined him in his own
house, as was done in The case Of the Intend
ant of New Orleans?'
But say il was expedient to seize his per.
son, why in the Sd place, vigorously doom
him to an Imprisonment in the common prl-
son, the receptacle perhaps of runaway ne.
groes and ielons?- Why not have put him IN
der guard in the Governors Office. or some
public house, until the papers had been seZ-
ed?-If this measure had proved too weak,
then why not reserve the common prison as
the dernler resort?
Let US, however. pass hi. case to come to
the other feature in this transaction.
| JUDGE FROMENTIN.
II is matter of regret, that "The Flori-
dian" has not shed as much light upon this
part of the matter, as il has so fnrcibly done
in the case Of Calla.a. For all that we know
of it we are compelled 10 resort to certain
articles in the New Orleans Advertiser, Ma
tional Intelligencer, and Baltimore Federal
Gazette Tue last purports to give the very
words ,fthe writ VI HI the Governor issued
against The Judge The following queries
embrace the very hasty view We have taken
Of this matter.
Is not Florida at this time part Of the U.
States?-Not a state, Of course; but par. of
the territory of the U S.?
Does not congress derive its authority to
make laws for this territory from the consti-
tuition!
Must they not take this commission with
| all the restrictions which are attached TO it;
that is to say, to respect the freedom of the
| press and of religion. to pass no bill Of s-
| tainder to leave untouched the writ of habeus
corpus, except in the cases specified by the
| constitution!
II congress itself cannot, can the President
or one Of his officers. curtail any Of these
rights to the inhabitants of Florida?
Can the officer, commissioned by the Pre-
sident, exercise any authority, or cause any
Spanish laws TO prevail, which are in direct
opposition to the c. U. S.
Had not Judge Fromentin "a federal
Judgel power to issue writ of haJeas cor
pus, and was he not bound to do so on ap-
picalion?
How then could the governor consider il
as contempt of his authority-as a 'misde.
meanor," &c &C.?
If, on the return of the writ, and on hear.
ing the case, Judge Fromentin should have
decided to let loose CalIava. would moi that
have been the proaer time for the Governor
TO have arragned Fromentn for contempt,
if it falls at allwithin the Governors juris- |
diction?
Can the Governor regulate reIigion-the
press, &c. sc. &C.? II i, be said no; because
congress in their own law declare that the !
powers in Florida shall be exercised so asto