Winchester gazette. [volume] (Winchester, Va.) 18??-1826, 1821-12-22
JUDGE FR0MEN77N'S DEFENCE.

Messrs Nicholas j Iun.taik Editors OF
tie rio,tdian.
GENTLEMEN: have this moment re
ceived the F.orldian OF this day. am un.
willing 70 en,er into news paper controversy,
and, OF course, cannot take uny notice OF
your comment, and observations on the diff
Guilty between Governor Jack son and my self.
But In the number Of questions put in your
paper Of this morning, to The editor Oh the
Richmond Enquirer, hnoi"g some which,
although addressed to him. Cannot be answer
ed by myself; without presuming nat my
answers may be as satisfactory 10 you, as the
answers you will, no doubt, receive from the
Richmond Enquirer, ana siili, but without,
on my part, any disposition 10 encsoach on
the right OF the Enqsirer to answer for him.
self, or TO make myself pIompter to him,
than whom no man Isles in need of a promp.
ter; but simply with view to crafty your
application for Information as far as am a.
be-I proceed to answer your questions
You will make sush use of my answers as
you may Thick proper. They are rendered
on my part, assure you, with perfect rec
pect and good will towafds the promotion of
what suppose may be deemed useless In.
formation, since YOU have thought proper TO
make the enquiry.
To your fret question
BY what process Of reasoning is the con-
.titution OF the Unite6 States made to extend
to the Floridss p
| answer that both the treaty and the act
OF Congress provide for the maintaining the
inhabitents OF the ceded territories in The free
enjoyment Of their liberty. property and rel,
gion. Now If their liberty is IN AIDED, by
whai process bot by writ OF habsas curpus
can they be restored to The enjoyment of that
liberty secured 30 then. And where bu. in
he constitution do we find the remedy fforded
adequate to the purpose expressed both in the
lreatyiana in the act OF congre S.?
Does the constitution OF the United STATES
create the writ of habeas corpusP
No-lt goes further. IL pr. supposes it ex.
ding over the whole territory Of the United
States, and OF course only declares that 1t
shall not be suspended, except in cases which
certainly did not exist here.
"5 why was IL declared necessary. in ex.
tending this writ to Louisiana, TO do II by an
express act OF Congressf"
1t was extended 20 Louisiana by an ex-
press act o! CoDgress, But it had been ex,
tended TO II before without it for the reasons
stated in my answer to your first question.
~. Why was there express act Of con.
gre.s authorizing the different Uuited States
courts to Issue the writ OF habess corpus?"
For the same reason individually for which
acts OF Congress were passed to carry into
effect all the other provisions of the conslilu.
ton Of he United States The law is pass.
ed. The reason why's not matter of Judi.
cIaI enquiry. The duty of the Judge is to
obey the law.
50 In the authority given the United
State, courts to issue The babeas corpus, are
there NOT limits and re,trict,sns--and what
are they ?"
There are limits and restrictioDs-Those
limits and restrictions extend TO every case
which is not properly cognizable before the
courts of the United Sta,es If d man for
instance, is Confined 10y stale AUTHORITY over
which the cooTts Of the United States have no
JuTisdiction, the ccprts Of the United Ststes
are prohibited from interfering. They will
not nei her interfere in eases originating in
the legal sentences Of courts martial either in
the army or navy. But in every case Of pri.
stners in goel, under or by color of the an.
thority OF the Unit.G States. il is not only the
right but the duty OF the United States to
issue the writ.
IS. Why were any restrictions imposed on
the United States courts in their use Of the
hsbeas corpu,s"
To prevent, humbly presume, the con.
6ict Of jurisdiction between the iadependent
states courts, and the Courts of the Unit ed
Ststes.
~. When Judge Fromentin issued bis ba-
beas corpus, was it under the constitution of
| the United States or nnder the act OF Con,
grsss9"
IL YVES in virtue OF bis commission, which
makes it his duty to execute his Office accer.
ding TO the constitution and laws of the Uni
, ted States.
SO Did Judge Fromentio issue the writ q,
| district or ierdtofial judge
This is answered by the answer to the Sc
| veDth question
SO, Whit ac's Of Congress are intended
to tho floridas?''
All the scts and constitutional provision,
without which the protection pledged by the
frosty, and afforded BY the act Of cor gres,
for carrying the treaty into effect, could not
| possibly be extended.
I | have the honor 20 be,
Gentlemen, your most
Obedieut bumble servant,
ELI, PROMENTIN