Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1821-10-16


ed "A vast excitement among the Spanish in
habtants of Florida. The whole tenor of his
conduct had been such as to render him very
popular both with residents and strangers. AS
Judge Fromentln was the only Judicial cha
racter in Pensacola, they crowded to his house
aud solicited his interposition to rescue the
Governor from insult and even las it would
seem from Gov. Callaya's statementl from per-
sonal danger for he declares he was appre-
hensive of becoming the victim of the Cover
nor's anger.
There was at this time n very serious aucs.
ton pending between Gov. Jackson and Judge
fronentn, on the subject of jurisdiction.
Gov. jackson maintained that he was himself
vested with supreme judicial authority over the
tloridas, and that the jurisdiction of Judge
Fromentin was confined to cases arising under
the Revenue Laws, and laws prohibiting the
importation OF slaves. AS there was no hope
OF the question being decided between them
selves, 1t had been submitted to the considera-
ton OF the administration, and an answer had
not yet been received.
The question stood thus BY the 9Th arti-
Gle of the treaty ofcession it is provided I" that
the inhabitants of the coded territory shall be
Incorporated into the union of the United
States, as soon may be consistent with the
principles of the Federal Constitution-and add
mltted to the enjoyment of all the privileges,
| ghts and immunitics of the citizens of the
United States" Here it will be observed that
though their incorporation into the union is
future, the admission to the rights of citizens,
such at least as they exist in the territories, is
immediate. By the second section of the act
of 1919, which authorized the President to
take possession of Florida, it is enacted that
until the end of the first session of the next
Congress. unless provision for the temporary
government of said territories be sooner made
by Congress, all the military, civil and judicial
powers, exercised by the officers of the exist
ing government of said territory shall be
vested IN such person or persons, and shall be
exercised IN such manner as the President of
the United States shall direct &c for the main
iaining The Inhabitants Of said Territories u, the
jree enjoyment Of Their liberty, property and re-
tgton," and " the laws of the United States
relative to the collection of the Revenue, and
the importation of persons of color shall be ex-
tended to the said territory" sc.
Here 1t VIII be seen that the appointment of
olhcers, and the distribution of the powers of
government, executive and judicial, is left alb
soutely at the will of the President. AS Gen
Jacksons commission of powers has not been
made public, it is impossible to decide on their
extent, but it is hardly TO be supposed that the
President could have exercised the power
vested in him by this act i'm Il manner so in
them, so plainly expressed in the face of the
section quoted, so as to accumulate the power,
executive, military and judicial in the same
person, especially, in the hands of one who,
with all his eXceliencies, had lately in the
same country exhibited the habitual rapidtv
| and decided character OF his measures The
exercise OF powers executive and judicial, CT
VII and criminal by the same person, and that
100 unrestrained by the intervention OF Jury,
Is too inconsistent with the enjoyment OF liber-
ty-with the habits of the American peO-
pie-the genius of their civil institutions, and
the prudence and experience of him to whom
this awful latitude Of powers is conlidcd, to
credit the superstition.
Nor has the commission of Judge Fromen-
TIN, been published but it is understood to be
such rs is usually given to Judges of the United
States territories. Although in the states the
Judicial power is exercised by State Judges
IN behalf of the states, and by /; District Judge
and Circlit Judge, in behalf of the United
States. in the territories the whole Judicial
power, both under the laws ofthe territory and
OF the general government, are in the whole
or In part vested III the same person. In the
! District of Columbia the Circuit and District
jurisdiction ofthe United States are vested in
Judge Cranch, the territorial Chief Justice
| In Louisiana, and some of the other states,
the Circuit and District powers of the United
| States Courts exist in the same Judge Ii
was unquestionabIy, therefore, in the power
of he President, and consistent with prece-
dent to vest, as well the territorial as the u
| nited States Judicial powers in Judge Fromen-
tin; IN which case his right to issue the writ
of Habeas Corpus to General Jackson was
unquestionabe. For if the 9th Article. did
not give this constitutional shield to our new
fellow-citlzens, it might as well have withheld
| all the rest. And if he could issue it in favor
of any person, lie could in favor fevery per-
son within the territorial limits Of his jurisdic-
ton, more especially in favor of diplomatic
character; for the Sd Article of the Constitu-
ton, makes particular provision for the securi-
ty of Foreign Ministers of every degree.
Notwithstanding the pendency ofthe ques-
| ton of Jurisdiction before the Executive it
seems that Judge Fromentin did not hold
himself at liberty to refuse to take cognizance
1 ofthe case of Col Calava, and believing himself
legally vested with the necessary Jurisdiction,
ne issued the Writ of Habeas Corpus. But
being anxious TO avoid, in any way prejudc-
ing the question relative TO the papers de-
manded by General Jackson, he made the
! friends of the Colonel who was then in pri-
son, give security in the sum of $4,000, that
the papers should be forthcoming whenever
the right to them should be determined.
The return made by General Jackson TO
TINS Habeas Corpus, was citation to Judge
Fromentin to appear before him, TO shew
cause why he should not be attached for a
contempt offered to superior tribunal, in the
act OF issuing that writ. In the meantime
Calava was discharged after his sealed box
had been broken open and the papers taken
off, and the further prosecution of the remedy
by Habeas Corpus became of course imma-
terial.
An unwiIIingness TO be openly embroiled