Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1821-10-02
RiCHMOND. OCTOBER , IE5I


thN.NohCilONS NJ Gt.NSANO OLA.
MIR. Shannon, presiding Justice of the coun
ty court of Escambia, in his charge tn TIN
Grand Jury, says, " 1t is to be regretted. chat
The Congress of the United States should a;
their last session, in the tumult of party dis
cusslon, which grew ont of the contest relative
to the admission of Missouri into the Union
have almost entirely neglected To provide for
the organization of the government of Flori-
da.' Every citizen must join in this regret
Congress did scarcely any thing more than to
devolve the government upon the President.
nearly in thcsame words which were employed
IN the act OF Oct. 3ist, sos. for the occupation
of Louisiana. They provided that until the
end al the first session of the next Congress. I'M
less provision for the temporary government
OF SAID territories be sooner made bv Con-
Sress, all the military, civil, and judicial powers
exercised by the officers of the existing govern
ment OF the same territories, shall he vested
IN such person or persons, and shall be exercis-
ed IN such manner, as the President of the
| United States shall direct, for the maintaining
the inhabitants of said territories in the free
enjoyment of their liberty, property, and re-
llglon; and the laws of the United States re-
latlng to the revenue and its collection subject
10 the modification stipulated by the fifteenth
article oil the SAID treaty, in favor of Spanish
vessels and their cargoes, and the laws relating
to the importation ofpersons of color, shall be
| extended TO the said territories And the
President of the United States shall be, and
he is hereby authorized, within the term afore-
SAID, to establish such districts for the collec-
ton OF the revenue, and during the recess of
Congress, to appoint such officers, whose COM
missions shall expire at the end of the next
session OF Congress, To enforce the said laws,
as to him shall seem expcdient.'
In pursuance of this Act, the President issu-
ed commission bearing date the 10th dav
OF March last, by which, says Gen. Jackson's
Proclamatlon,hc has " invested me with all the
powers and charged me with the several du-
Ties heretofore held and exercised by the Cap
tam General, lntendant and governors afore-
SAID that is TO say, :" the Captain General
and the lutendant of the island of Cuba, over
the SAID provinces (of the Floridas,) and the
Governor OF said Provinces respectively" -
In TINS same proclamation, the Governor also
announces all the laws and municipal regu-
latlons which were III existence at the cessa-
tlon OF the late government" TO remain in full
force ), all civil officers, charged with their
execution, except those whose powers have
specially vested IN me, and except also such
officers as have been intrusted with the col
icctlon oil the revenue, are continued in their
functions, during the pleasure of the Govern
or Tor the time being, or until provision shall
|
| published various ordinances, touching the har-
Dor of Pensacola, the health of the place, the
registering of the citizens, Sc. &c-but the
most material are those, which organize cuun-
ty courts by these it is directed s. that the
Judicial proceedings in all civil cases shall be
conducted, except as to the examination of
witnesses, according to the course of the ex-
listing laws, or the laws of Spain and in cri-
minal cases, according to the course of com
mon law" &c. Sc
Wepresume that these powers have been
duly exercised in conformity with the Presi-
dents commission From the great range
which they pursue, it gives us cause for the
regret that Congress should not have taker
into their own hands g the organization of the
government ofFIorida. IF any thing can add
to this regret, it is the late events which have
TRANSFERRED at Pensacola.
| COLONEL C.4LLAVl.
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 question: Granting him the full au
thority TO act, we are however prompted tC
ask,
LIST. Whether he might not have seized the
papers IN the first instance as well as the last
without touching Callava?
ed. Why not have confined him i'm his owl
house, as was done in the case of the Intendant
of New Orl ans?"
But say 1t was eXpedient to seize his person
why IN the Sd place, vigorously doom him tc
an Imprisonment in the common prison, the
receptacle perhaps of runaway negroes ant
ielons Why not have put him under guard
IN the Governors office, or some public house
until the papers had been seized ?-If thi.
measure had proved too weak, then why not
reserve the common prison as the deTnier re-
sort ?
Let us, however, pass his case to come
to the other feature in this transaction.
JUDGE FROMENTIN
& 1t is matter of regret, that " The Eoridi
an" has not shed as much light upon this part
of the matter as it has so forcibly done in the
case of Caaya. For all that we know of il
we are compelled to resort to certain articles
in the New Orleans Advertiser, Nationa
lntellIgencer, and Baltimore Federal Gazette
The last purports to give the very words o
the writ which the Governor issued against
the Judge.-The following queries embrac,
the very hasty view we have taken of this mat
ter.
Is not Florida at this time part of the L
States Mot state, of course but part o
the territory of the u. S.?
Does not congress derive its authority tc
make laws for this territory from the const
tuition?
Must they not take this commission with al
the restrictions which are attached to it-tha
is TO say, to respect the freedom Of the press
and of religion, to pass no bin of attandcr, to
leave untouched the writ of haJeds corpus, ex
cept in the cases specified by the constitution
! lfcongress itself cannot can the President
or one of his officers, curtail any of these right.
TO the inhabitants of Florida
Gan tho olf;rpr commissioned b,, fl,. y -o