Edwardsville spectator. [volume] (Edwardsville, Ill.) 1819-1826, 1822-01-15
JUDGE FRoMENrIN's DEFENCE.
Messrs. Nicholas & Tunstal, Editors of the
Eloridion

| Messrs. Nicholas Tunsta.l, Editors of the
Floridlan,
| Gentismen--I have this moment re-
ceiped the Floridian ofthis day. | am
unwilling 10 enter into a newspaper con-
troyersy, and, of course, cannot take any
notice OF your comments and observa-
tons on the dificulty between Governor
Jackson and myself.--But in the number
LOT questions put in your paper OF ibis
morning. to the editor of the Richmond
Enquirer, finding some which, although
addressed to hin, cannot be properly
answered BY myself without presuming
that my answers may be as satisfactory
to you, as the answers which YOU will,
no doubt, receive from the Richmond
| Enquirer, and still, but without, on my
part, any disposition to encroach on the
right of the Enquirer to answer for him
sell, or to make myself a prompter to
hiE,, than whom no man is less in need
oil prompter; but simply with view
TO crafty your application for iniorma-
| lion as far as | ara abel proceed 10
answer your questions. You will make
such use of my answers as you nay deem
Iproper. They are tenddred on my part,
assure YOU, With perfect respect and
good will towards The promotion ofwhat
| suppose may not be deemed useless To-
formation, since you have thought pro-
per TO make the inquiry.
10 your first question
BY what process of reasoning is the
constitution of The United States made to
extend 10 the Floridas 20
answcr-that both the treaty, and the
act Ct Congress provide for the maintain
ing the inhabitants OF the cedcd territories
in the Tree enjoyment ofther liberty, pro-
! perry, and religion. Now if their liber-
ty is invaded, by what process bu, by a
writ OF habca8t corpus can they be re-
stored to the enjoyment ofthat liberty Sc
cured to them =? And where bit in the
constitution do we fad the remedy af-
iorded adequate 10 the purposes ex-
pressed both in tie treaty and in the &C,
Of Congress
10. Goes the constitution Of the Uni
ted States create the writ OF habeas cor
pus :"
No--It goes further. It prcsupposes
it extending over the whole of the terri
tory Of the United States, and OF course
only declares thai it shall not be suspend
cd, except in cases which certainly did
not exist here.
"3. WHY was It deemed necessary, in
extending this writ to Louisiana, TO do it
by all express ACT Ct Congress %
Il was extended 10 Lopisia BY an
express act of Congress. But it had
been extended to il before wi,spnt it, for
| 'he reasons stated ii my als> 80 your
first question.
| "a. Why was there an cxpress act Of
Congress authorizing the different Uni
ted States courts to issue the writ OF ha-
bcas corpus I"
| For the same reason isldubitab!y for
which acts Of Congress were passed to
carry into cticc, all The other provisions
] OF The constitution of The United States.
The law is passed. The reason why IS
not a matter of judicial Inquiry. The
duty OF the Judge is to obey the law.
g" 5. In the authority given the Uaited
| States courts to issue the habeas corpus,
are there not limits and restrictions
| and what are they %
| There are limits aad res,riciioas.--
| Those limits ara restrictions extend to
every case which is not properly cogniza-
bic before the courts oflhe United States.
! "a man for instance, is confined by a
state authority over which the courts O..
| the United States have 10 jurisdiction,
the courts Of the United States are pro-
hibited from interfering. They will not
neither interfere in cases originating il
| the legal sentences OF courts partial
either in the army or navy. But in every
case of prisoners in gaol, under or by
color the authority ollhc United States,
it is not only the right but the duty OF the
courts of the United States to issue the
| writ.
SO. Why were any restrictions i'm
posed on the United States courts in their
use OF the habeas corpus ~
To prevent, l humbly presume, the
conflict of jurisdiction between the iade-
PENDENT states' courts, and the courts OF
the United States.
~. When Judge Fromentin issued
his habeas corpus, was ii under the con-
stitution OF the United States or under the
act of Congress 7"
1t was in virtue Of his commission,
which makes it his duty to execute his
ofice, according to the constitution and
laws of the United States.
SO. Did Judge Fronnentin issue the
writ as district or territorial Judgo"
This is answered by the answer to the