Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1821-11-13
UNITED STATES.
lt'Ton ihe cia,tss.on Co.,ier.l
GOVERNOR JACkSON.-No.

From he Chartss.on Co,,ier.l
GOVERNOR JACKSON.-No. g.
We are not aware of any inducement which
could exist, in this country, TO question the
jurisdiction of the Cortes over Florida, when
it IS universally believed, that to the influence
and control of that enlightened body we are
indebted for the ratification of the treaty, and
the peaceable possession of Florida itself Why
deny the authority that awarded us Justice !?
Some portion of powercannot well be denied
them by Governor Jackson. Cuba never liav-
ing been ceded, and the Cortes having restrain
ed the powers Of Captain General of Cuba,
previous to Governor Jackson's appointment,
the powers which he claims under the Presi-
dents commission, belonging heretofore 10 the
Captain General and IntendaEt of Cuba, must
| descend to him with these restrictions. OBJ
serve how this conclusion is resisted In the
| rdtfcation,' says Gov. jackson in his decree,
Ferdinand IN. by the consent and authority
q The General Cortrs ofthe Nation, declared
that the ratification should be as raid and
firm, and produce the same effects, as fit had
been done rithin the determined period, viz.
the time prescribed by the 18th ar,icle.'-
THIS, OF ITSELF, Is SUFFICIENT TO Ex-
cLuDE THE IDEA THAT THE Constitution Of
me COrtes is OF FORCE IN THIS COUNTRY .
| Now this assertion of Ferdinand can only be
regarded as an apology TO the U. States for
the delay, an entry nunc pro tune to use the
vulgar Latin of an attorney, and meant only
that 1t should be as obligatory on Spain as If
ratified before. But why does Gov Jackson
rely on the decree of Ferdinand in ] 82O, when
he has expressly denied him all authority af-
Ter 1919 Why in order to support his doc
trlne, that, as the Cortes had no power in 1871 o,
this identification of the subsequent with the
preceding year, should deprive them of all
~ troll nt.ar fh,,. D. \
Ola. We find too, much TO our surprise, that
he speaks of the authority of the Cortes in
confirming the ratification of the treaty in
1890, and, in the very next sentence, says
thls IS sufficient to exclude the idea, that the
Constitution of the Corfes is of force in this
country Such reasoning, unless it answers
| itself, cannot be answered.
| All the acts Ofiie Spanish government show
that they exercised exclusive sovereignty over
Florida up to the moment Ofthe cessiOn to the
Americans, July 10, 1891. More than "A year
previous, the new Constitution of Spain was
adopted, and the Cortes exercised an impor-
tant share IN the government of the nation
The Cortcs had, therefore, dominion over
fiorida IN the same degree as any other part
OF Spain. Nor can we suppose either Con
gress or the President to have entertained.
much less expressed any doubt upon the sub
Ject The act of Congress speaks of the dis
trihutlon OF powers exercised by the officers of
the criSttng' goyernment-not the govern
inent IN l8l9--not former government, but
the government in 1921. The President gives
Governor Jackson the powers heretofore ex-
erclsed by the Captain General and Intendant
or Cuba, Governor of Florida, sc. restricted
by the law, his instructions, &C.
Now the term heretofore in common un-
Outstanding, would include the period imnedi-
tn n 81.
the PRESIDENTS commission. But, according
to the decree of Governor Jackson at Pepsa.
cola, heretofore means only the period anteri-
or TO Feb. 90, 1919 With equal proprety
may any other aliquot portion Of time be Sc
lected 10 designate and control the intentions
OF inc PRESIDENT. But as there is no ambiguity
IN his language, we will not seek TO embaIrass
his meaning, more especially in order to attri-
butte to him what we do not believe that he
ever intended. We say that he did not intend
TO entrust the Judicial power to Gov. Jackson :
because his commission conveys no such au-
thorlty, and Is altogether silent on the subject
because such an Intention cannot fairly be i'm
Piied, either from what is said, or what is o.
united, III the commission because judicial
| authority, m free country, can never arise out
OF implication only because implication avas
nothlnS IN opposition to contrary and express
facts consequently, the judicial power can
not be claimed nferentally by Gov. jackson,
when 1t IS expressly, by the President, confd-
ed to Judge Fromentin because the union of
the judicial and executive powers is an anom-
ally IN our politics because it is a wrong and
dangerous combination, as Gov. jackson ac-
acknowledgement we are, therefore, in the ab
sence OF all evidence TO tue contrary, ,mwar-
ranted inthe belief, that the President intend
ed It. But the Presidents commission rests
Tor It's basis on the act of Congress, brief no
} lice OF which will inevitably lead to the same
result.