Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1821-10-09


not he carried into execution. Upon the re-
turn day of the citation, John Innerarity, the
defendant, appeared, and prayed time to pre-
| pare his defence, which was granted him. At
the expiration of the time allowed, ne, through
his counsel, prayed for further time, which
was also granted. The court having met on
the day appointed for the hearing, and the
case being called, Mr. Acres of counsel for
the defendant, filed plea to the jurisdiction
OF the court, which brings up the question,
not only whether this court can legally enter
tain the suit, but whether there is a compe-
tent tribunal in the country to try the case
In support of his plea, he took the following
Srounds-First. He conceded that the Co
vernors of the Floridas acted in IA judicial ca
Ipacity, and had done so time out Of mind, un-
til the PRONUNCIATION of the constitution of the
Cortes OF Spain, some time in 1920; and as
the constitution ofthe Cortes was i'm force in
Spain, at the time that the sovereignty of
Spain over the Flordas was coded TO the u.
States, 1t was part of the law of the Flori-
das-By that constitution, the judicial power
before exercised by the Governors, was taken
from them, and given to other tribunals and
as deduction from these premises, Govern
orJackson could not sit as Il court, only hav-
Ing the powers ofthe Governor of the Flori-
das, the Captain General of Cuba, and the In
tcndant, as limited and prescribed by the con-
sttution OF the COrtes, published some time
I'm l3sO.-Mr. breckenridge, on the part of the
petitioners, commended that the Spanish go
vernment, of which the judiciary is part, has
ceased, although the laws and usages are still
in force-The error of opinion on this subject,
he said, arises from not distinguishing these
thngs-The powers executed by the officers
OF spain are retained, not the Offices and an
entirely different distribution made of them,
4
act of COngress-That the Spanish constitu-
ton is not in force here, because not promul-
gated until Spain had parted with the sove
reignty, and because it merely provides a form
OF government it is not therefore applicable
to us. He commended, from the act Of Con-
gress, and the Governors commission, twas
undoubtedly the intention of the President to
give the same powers as had formerly been
exercised by Governor Claiborne, in Louisia-
MA, on taking possession of that country, I'M
der similar circumstances. The constitution
OF the Cortes, he said, must not be referred to,
10 ascertain the powers of the Captain-Gcnc-
raj, lntendant, and Governors of the Flori-
das-for In that case, he went on to show,
that the country would he left without civil
} government of any llind-Accortling TO that
constitution, the Captain-Grneral is ONLY a
military officer, and the Governors orthe Flo
ridas are military officers Under hini-as In
/, tentant, he would have no power.
The very able aud satisfactory discussion
this question has undergone, by the gentle
} men of.the bar. by which the court was not
f only delighted, but instructed, has stripped it
IN great measure of its diliculty-it, how
/ ever, remains one of the first importance to
. the rights of the people ns tbs country ;
and as such, has received the most anxious
consideration and attention ufthe cOurt.-Ju-
dicE'i power, is an important trtIst-its execu-
ton often painful and it does not hold out
sufficient attractions to cause it to be sought
after, especially by those who are duly and
truly impressed with its awful responsibilities.
1t now becomes necessary, for the court to
enquire whether there exists sufficient judicial
power in this country, since the change of
sovereignty, to carry into effect the DEGREES of
{ the late governor OF West Florida if there is,
where Is 1t vested. 1t was not seriously con-
tended, that Jurisdiction did not rest some
!, where ; hut the difficulty on the part of the
Defendants counsel, consisted in pointing out
$ the tribunal. BY referring to the act of con-
| gress, entitled An act to carry into effect the
treaty between the United States and Spain -
the second section OF which is in these words,
+" And be 1t further enacted, that until the end
of the first session of the next congress. unless
provision for the temporary government of
the said territories he sooner made by con-
: gress, all the military, civil, and judicial
{. powers, exercised by the officers of the
existing government of the same territories,
shall be vested in such person AID persons,
and shall be exercised in such manner as the
president ofthc United States shall direct, for
the maintaining the inhabitants of said terrific
RES, IN the free enjoyment ofther liberty, pro-
II perty aud religion: and the laws Of the United
States, relating to the revenue, and its coec-
ton, subject to the modification stipulated by
the fifteenth article of said treaty, in favor of
Spanish yeSsels and their cargOes, and the laws
relating to the importation of persons of color,
shall be extended 10 the said territories And
the president of the United States, shall
be, and he is hereby authorised, within the
term aforesaid, to establish such districts for
the collection of the revenue, and during
the recess OF congress, tOappoint such officers,
i whose commissions shall expire at the end of
the next session Of congress, to enforce the
said laws, as TO him may seem expedient"-
There is no stipulation, in the treaty, that the
sovereignty of Spain over the Floridas should
continue IN force one moment. after the sign
Ing OF tue treaty, and certainly not after the
time limited by it for its ratifcation--in NOR
ais, and good faith, the sovereignty was, from
that time, i'll the u. States, de jurc, and Spain
had only the government de faci0-The act
of congress,to carry into effect the treaty, had
relation back to that time, as is fully express
ed in the ratification, not only of Spain but
1 the United States ; and the United States are
only bound TO maintain the inhabitants of the
coded country in the enjoyment of their liber-
| ty, property and religion.
We will here read the commits sion, given by
the president to major general Andrew Jack
son, and see what powers, it has pleased the
president to invest him with, which COM
mission is in the following words, viz:
/ james Monroe, president ofthc United States of
America, to all to whom these presents shall come,