Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1821-11-09
LFron a. Chari,slon c.u,i.r.l
GOVERNOR JACKsON.-No


the Spanish Cortes to learn that the repub,
hcans of this country had resuscitated. in
FLORIDA, the obnoxious powers of its ancient
governors, winch had received their death
blow from the new Constitution. TO hear.
that what was deemed inconsistent even with
the imperfect organization of Spanish liberty,
ma been adopted in the United States, AS an.
Proprate to our free institutions, and calcula-
tea To conciliate anewly acquired territory =
Ihey might well inquire in what manner this
discarded residuum of tyranny had been
brought across the Atlantic to faint our al
mosi'here, like Pandora's box.
The sin is charged by Governor Jackson to
congress and the President but we think.
ana VIII endeavor to prove without the slight-
est iOundation-nOr is it fair, i'm our opinon.
To assert, upon remote Inference or analogy.
That the President and the Congress have
gwen away powers which every man of re-
hecuon knows they do not possess. Unless
a. can De- made clearly, and beyond doubt, TO
"ppear' that the legislative and executive de-
partments OF the nation have grossly yolated
taeir trust, they ought not to be sacrificed to
'hs constructive powers Of General Jackson.
The rights of the latter are set forth bv him
SOL, under his authority, and in his behalf. in
me case oil fidifs heirs Us. Innerarity. The
S,eslion was to the jurisdiction of the court
!iaid the Governor Of Florida judicial po,cer !?
1t was conceded, that the Constitution pro
lnuiSated ny the Cortes, in 1890, took away
the Judlrial powers of the Governors of Florid;,
1T was notorious that this Constitution had
peen proclaimed, IN East Florida at least, long
before THE Americans took possession and in
Cuba three months before. Governor .Iac,k-
sons powers are derived from the act of Con
~Srcss O.! the SD March, 1921, and the Prrsi
cents commission Of the 10Th March. 1881.
Inc act CT Congress declares that until
the end of the session OF the first Congress
unless provision for the temporary govern
'nent he sooner made by Congress,5 all the
military, c''ii and judicial powers exercised
os the officers OF tie eriSting government of
tfe same territories, shall be vested in such
eFsoh or persons, and shall be exercised in
sieh mauner rs the President of the United
STATES shall direct for the naiaiain.ng The in
Aa6sidnts q sad territories in the free en;ou-
n'ehf y tor Liberty, Property, and Religion.
he Presidents commission TO Goverocr
'atksol recitcs the abpye act, and appoints
nun 10 exercise within the said cedad for
iilof';s, mdrr such circumstances as have
oeen or may hereafter be- prescribed to him
oy my INSTRUCTIONS and by ia,c, all the powers
ana authorizes heretofore exercised by the
Governor and Captain General and Jnt.n-
dant Of the Island of Cuba. and hy ,bn c.
'yernors o! East aud West Florida Within tie
SAID provinces respeciivcly.'
NOW there IS not, in either of these docu-
men's' a syllable that supports Governor
JicAson's claims TO judicial power. Inns
much, however, as the Presidents commission
provides IN its conclusion, that he shall moi
grant lands, nor levy taxes which were
powers belonging TO the Governors under the
dlc'cni regime the inference is drawn. that il
h.'c'it'ei mat he shall have Judicial power
~ opposition to the notorious fact or the an
IN l,ifn
When the word juiiciaLis not to be found il,
H's commissioners if such All important trus,
SHOULD th'ls be delegated, sub rosa. as a corn
peASalion Tor minor trusts, which it was deem
ed important to take away.
10 support MS constructive claim TO this
authority, Gov. jackson has recourse to the
following positions:
L. l.. me Spanish treaty, ceding Florida was
f@lieu Dy Tie American government e2d Feb
rom 'hai moment, or at any rate six
tloii'ils alter, within which Spain was to ratifv
=, the sovereignty over Florida was in the
=; States de .iure, although the Spaniards
heio the government de facto. At that time.
~ OF Florida '''''''
NOW we would Ike to be Informed in the
BOOKS OF what civilian or public urist is TO be
fonnd the dictum, that the treaty which is
Taliiied only by one party is a valid COMPACT
between TWO how the sovereignty of ter
fttory can be parted with, or "A state be- dis
'"oHDerSo' without the concurrence of the
supreme power. or az any rate the delivery or
possession? and, il our rights in Florida were
perfect IN 1919, why seek their confirmation
ey the ratification by Spain in 1920? lIlustra
uls the hesocfation about Florida by private
concerns, where IS the lawyer who would re-
6afu such contract between individuals as
any thInS mere tIan a, contract executory.
"iiich a competent court might enforce, but
Wiich between nations could only be perfect
eo by tic voluntary act of the parties. or bv
force OfaFms
g, we have always thought that the delay of
'Tpan to. ratlty the treaty was a breach of
good faith; hui we are now told that the rat;G.
cdion was unnecessary-that we complained
without reason-that our subsequent eyer
IONS 10 procure the ratification were asking
TOT What we had already, and that Ftrdinands
TatFcdhon an 1890 rus an act of supererroo.o
ION, as ms authority erased an ig1g wien
ever inclined to take up such crude notions nc
ihcse, we shall seek better occasion than is
10 be found IN violation of the principIe, oC
Our government
Upon this first and cardinal error is founded
hovcrnOr J0ckson's extraordinary claim fo
tuuieial power, and the argument Tins pro
ceeds. The sovereignty of Spain ceasne in
iOIV the Cortrs, who were proclaimed in ago
had no authority over Florida; when, there
Jorc, the Cortes took away judicial powers
from the Goyernors Of Cuba, Florida, &c. with
regard to Florida, their act was anulEty. Tire
spanish governors of Florida, therefore. re-
tanned the same powers as they had previous
10 1919, not being subject after that time TO fine
authority OF Spain. When, therefore. the pow
efs0f these governors are given TO me. saws
Gov jackson, they mean the great original
powers under the Spanish monarch without
f T 10 Their subsequent limitation by the
Orln9. HnNN nncil,t Il /. !.