Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1821-12-18
JUDGE FRoMENTIN's DEFENCE.
Pensacoia, Nor. 4.

JUDSE FROMENTIN'S DEFENCE.
Pensacola, Nor. IL.
.Hessrs. Nicholas s. Tunstal, Editors Of the
Fforididn.
GENTLEMEN-l have this moment receiy-
cd the floridlan OF this day. am unwilling
10 enter INTO newspaper controversy, and
oil course, cannot take any notice of yuur
comments and observations on the difficulty
between Governor Jackson and myself But
IN tne number questions put in your paper
OF TINS morning, To the editor of the Richmond
Enquirer ilndiBg some which, although adj
dressed to him, cannot be properly ans wered
but by myself; without presuming that INV an
sweTs may be as satisfactory To YOU, as the
answers which you wil no doubt, receive
from the Richmond Enquirer, and still, but
without, on my part, any disposition to en-
croach on the right of the Enquirer To answer
tor,hiinself or to make myself prompter to
INN, than whom no nun is less in need of
Prompter; but simply with view 10 CRAFTY
your application FOR information as far as am
aDie-i proceed To answer your questiOns.--
You will make such Use ormy answers us you
may deem proper. They are rendered on my
part l assure you, with perfect respect and
good VIII towards the promotion of what |
suppose may not be deemed useless infursna-
ton, since you have thought proper TO make
the enquiry.
To your first question
by what process of reasoning is the con-
stitution of the United States made to extend
10 the Foridas 90
answer that both the treaty and the act of
congress provide for maintaining the inhabi-
tah's oil the coded territories in the free enjoy
nient OF their liberty, property, and religion.
Now if their liberty is invaded by what pro-
cess but by a writ of habeas corpus can they
be restored to the enjoyment of that liberty
secured to them? Aud where bat in the con-
stltuton do we ind the remedy afforded ade-
quate 10 the purpose expressed both in the
: treaty and in the act of congress
Does the constitution of the United States
create the writ of liabeas corpus?
No-u goes further Ii pre-supposes it ex-
tending over the whole ofthe territory of the
United States, aud of course only declares
that it shall not be suspended, except in cases
which certainly did not exist here.
IS. Why was it deemed necessary. in OK
tending this writ 10 Louisiana, to do it by an
express act of Congress ~
1t was extended To Louisiana by an express
act OF Congress. But it had been extended
10 it before without il, for the reasons stated
IN my answer TO your first question
4. Why was there an express act of con-
gress authorizing the different United States
courts to issue the writ of habeas corpus ?''
For the same reason individually for which
acts of congress were passed to carry into
enect al, the other provisions of the constti.-
lion of the United States The law is passed
The reason why is not matter of judicial en-
quiry. The duty of the Judge is TO obey the
law.
80. In the authority given the limited
States courts to issue the habeas corpus. are
there not limits and restrictions-an what are
they?" -
There are limits and restrictions Those
limits and restrictions extend to every case
winch is not properly cognZabIe before the
courts of the United States. Ifa man, for
instance is confined by state authority over
winch the courts of the United States have
10 jurisdiction, the courts ofthe United States
are prohibited from interfering They will
not either interfere in cases originating in the
legal sentences of courts martial either i'm The
army ornayy. But in every case of prisoners
IN gaol, under or by color OF the authority of
me United States, 1t is not only the right but
lhe duty of the courts of the United States TO
issue the writ.
70. why were any restrictions imposed
on the Y. States courts in their use of the
habeas corpus 2"
To prevent, humbly psesume the conai ct
ofJurisdlction between tile Independent states
courts, and the courts of the United States.
Z" Z. When Judge Fromentin issued his
haDeas corpus, was it under the constitution
of the United States or under the act of con
gress ?"
IL was in virtue of his commission, which
i,lakesit his duty TO execute his Office accor-
ding to the constitution and laws OF the United
States.
80. Did Judge Fromentin issue the writ as
district or territorial Judge 30
This is answered by the answer to the Sc.
venth question.
80; What acts of congress are extended to
the Floridas: 20
All the acts and constitutional provisions
without winch the protection pledged by the
treaty,,and afforded by The act of congress for
carrying the treaty into effect could not pos
slbly be extended.
have the honor to be,
Gentlemen. your most
Obedent humble servant
ELI. FROMENTIN
We are authorised in stafinmn saws nr