Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1821-11-20

the 'e.'ritor;e> ceded by Frauce,'' (Louisianis,j
runs thus in The second section" And he it
further enacted, that until the expiration of
the presen; session of Congress, unless provis-
10 TO tn temporary government o! the said
rritorlcs be sooner made by Congress, all
the mil iary, civil, and iudsial powers exercised
by the officers u ne erisiing government Of The
same, shall be vested in such person and per-
sons, and shall he exercised in such manner
as the President of the Untet States shall di-
rect. for maintaining the inhabitants in the free
enjoyment OF their liberty, property, and re-
iigioa."
The powers exercised by the officers of the
government of Louisiana, Hien existing. were
such as General Jackson has clamed under
the act OF Congress, and his commission for
the administration OF the Florias. M. Isf-
fersons message 10 Congress. OF the 16ih Jan
1904, runs thus In execution OF the act OF
the present session OF Ccrgress for taking
possession q! Louisiana, Governor Claiborne,
beng duty iHresfed ioiM The porrers heretofore
exercised By the GnCernor and attendant Of Lou
'S'dTG. assumed the governsni on tn day of
the surrender, &C." Fro'u Derambrr 90 UNI
I'll the Act of Congress o. March 2G, 1904. " fer
erecting LDuisnna into two territories, and
providing for the temporary government
thereof" Governor Claiborne Continued to
poss, IS ard exercise the powers of Il Spanish
intendant and Governor of Louisiana he in
formed the inhabitants, in his first Procama-
ton; that the american people would hasten
to cNtrnd TO them participation in those in
csimable rights which formed the basis ofthcir
own uneXamplcd prcsperty "--and not that
such participation was already extended.
In the act of Congress ofMarch 1901, il is
provided. that the Inhabitants OF the territory
of New Orleans shall be entitled to the benefit
of the writs ofHabeas Corpus, be baiiable, ST.
lcges were moi understood to have been coevai
with the establishment of the American do
minion in Louisiana. Indeed, the doctrines
now aintaincd-that the whole Federal Con
s,ituilon necessarily accompanies the erection
ot an American government in a teri itory
and that Congress has not power to continue
the antecedcnt foreign Jurisdiction 10 lis forms
ana extent, do not appear to have occurred tn
the mind Of any one, and al all events had not
The least weight with Congress, in the case of
Louisiana. no clarnor was raised about the
authority given to Mr.. Jefferson, or the pow
ers with which he invested Claiborne.
The act of Congress respectiuc the occlfpa
Ton o. The fioridas, employs tie phraseolagy
oil mat relating To the occupation Oi Louisiana
the commission of the President to General
jackson follows the language and design ~
that under which Claiborne acted. II is obyi-
Gus that both Congress and the President IN
tended by the phrascology "powcrs exercised
by the officers of the existing government
and powers heretofore exercised by the Ga
vernon and intcndant," The powers of the Co
vernors and Iniend,lnts' under the old Spanish
regime, such us Claiborne received and exer-
clsed, and not those which alone could be law
fully used after the new Spanish Constitution
was extended TO Spanish province.
AS to the point OF the. expulsion of the
Spanish officers from the Fioridas by Proclu-
nation, II we go back TO the Louisiana case,
we shall find that tho phraseology of the Lon
siana treaty is, = The troops (Spanish and
French shall be embarked us soon IS posi-
bic in the course of three mouths after the rat
lhcation" The officers are not here specially
mentioned, as they are twice In the similar
provision of the Florida treaty. In letter OF
Governor Claiborne, dated August 26th, 1909.
TO the Secretary of STATE, this language is held.
Z" Next tn a fina. adjustment of limits will the
Spanish government, | most desire to see eve
ry Spanish officer removed from the coded
territory. There certainly must be pow I
somewhere vested, to cause to be executed tie
clause I'D the treaty, which directs the Spanish
forces to he withdrawn within three months
rom Inc coded territory, ard | should in1sed
be PleaSed 10 hare IL limited 10 me that, in NV
character as Commissioner or Governor, 7
could on this occasion take Of necessary COM
PuLsoty mcasures."-In Mr.. Jelfersons mes
sage TO Congress, of Dec. 9th, 1903, he tells
| that body, " the Spanish Officers remaining, at
New Orleans ere required 10 depart teithout
delay"
! 1t appears that. Claiborne ever aftG the,
| acts OF Congress which regulated and limited
his powers as Governor, was thought to have
the right to use compulsory measures 10 drive
oni the Spanish officers, and that they were
expelled no General Jackson being in tn
ease, no offence was taken at the proceeding
by line American newspapers. Yet the officers
ordered To depart from Lousianl had never
! gone to the extremity oflibclling and insulting
the Governor, and in him the American au-
thoFlty, IN the manner Of those who surround
ed Col. Callava, and remained at Pensacola in
violation of the express terms of the treaty.
! We presume that the word officers was intro
duced into il from a recollection Of Che ncon-
yencnce and trouble which were found 10 at
tend the lingering at New Orleans BY Dr..
Bronaughs statement it appears that the
scenes AZ New Orleans, OF which an account is
10 be found in the correspondence Of Cover
I nor Claiborne and Gen. Wilkinson with the
Federal executive, were to be acted over az
| Pensacola, had not another kind of magstrate
been found III Jackson than IN Claiborne.
National Gazette.
| .
BOUNDARY LINE.
It was stated in Montreal paper some time
since, That the Commissioners appointed IN
der the sixth article of the treaty, could not