Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1822-03-05


'ase oi the heirs OF Vidal ". innerarty? Why on
hat occasion cxhibit commission nn,ier which he
certainly can claim part Of the binary judi
ciai powers which hc has exercised here Why the
many elaborate efforts TO establish Nv unayailing rca
'onin2s and by false Facts, jurisdiction, which even
M Illegal and unconstitutional commission, if he had
exhibited il, would have established rs to
nj all events all his then purposes Sir has the gem
erOus zeal of the President BETRAYED him, in order
10 man, who once ASsH, but who, now I fear,
cannot he saved except by the sacrifice OF the
Try, IN now assuming upon himself heavier RESPONSE
billy than he has really incurred hope the
suggestion may he forgiven. h would be the fanati-
csm Of charity, and Mr.. Monroe will pardon me for
believing il,aI he is capable oft.
The question, however, IN any state OF things still
recurs. Are the judicial powers exercised BY Gem
eral Jackson IN West Florida, either by himself,
by persons appointed by him, no matter from what
source they spring, legal powers? To that question,
after the most solemn and dispassionate examination
ot the case, my conscience answers: No. As long
then ms shall he permitted retain the commission
with which ! have been honored by the President,
must continue 10 consider myself Judge i'm Pensa
cola. Indeed every appointment To a judicial Office
IN w est Florida, anterior 10 mine, derived from n
commission, for particular purposes from the Presi.
dent, must consider as enticly superseded by nv
commissions which is expressed in the mos. generi
terms, and which commission 70 predicated upon an
act of Congress, recognizing the Floridas the ex-
stence OF particular code Of laws, which il would
be strange, indeed general and unlimited commits
sion under that very act should not reach
hope, sir, my jealous examination of, and the
earnest and Tree expression of nv sentiments on this
question will not be attributed by you motives TAX
ing their impure source in committed or disappointed
sell love. No, Sir self, assure you, has never
been further from me, than since am in Pensacola
IN almost every stage of this very extraordinary and
10 me very disagrceabe business self would have
dictated line Of conduct very different from the line
pursued. cons ider this question only with refer
ence TO the rights secured the people Of this coun
try by the treaty, and TO the obligations assumed by
the government towards those people by the same
treaty.
When reflect that not less than one hundred
suits, both civil and criminal have been already
t1ed-tried? No; ought 10 have said decided
ny the court appointed here by General JACKSON
am struck with terror at the rapidiiy OF the torrent
OF endless litigation, which is likely to ovewhclm,
~ common ruin, the honest citizens of this coun-
Try, who have not been the victims of the other tyran
meal measures pursued here by General Jackson,
and can tins be the accomplishment Of the cxpcca-
mons held out by II law expressly passed for main
tanning the inhabitants of the ceded territories IN the
tree enjoyment of their liberty, property, and rei-
gion!
Sir, conscious, rs from what precees Won must he
sensible am, that the President has right To con-
stilue North court, such existed IN Great Bri-
ain under Chan les the first, a of exchequer
winch do moi conceive, created by law which
understand as giving, is done every div jhrsdc-
uoh III matters OF revenue TO created for the
general purposes of of Justice in the United
otaes, or preyoIal court, such was occasionally
esanilshed III France, and that the words of the
uon oil The act " and shall he exercised in such man.
ner AS the President OF the United States shall ti-
rect, cannot relate hut the manner oil exercising
.ne gwen powers, not to the right of vesting those
powers, that the words of the law are intended TO
prevent the continuation Of possible abuses supposed
10 cA,st, not to creaie new and uuhcarI Of abuses
ma', Tor instance, with respect To the Judiciary il
Pracuce had prevailed, many persons supposed il
still did, of taking the evidence of Witnesses in pri
vate Inc President should, under that clause OF the
tawi ""ect u TO ne taken IN open couri conscious
iurtner that u per impossible, the President could
nave quoted, OF dividing the judicial duties, TO be
performed some by some under the Spanish laws
others by others under the of Congress men
l!oned IN the law, yeti after giving general commits
SION Wnich embraces the constitution and The laws of
the United SateS of which laws the act for carr, ng
ihio e1eci the treaty between the o. States and Spain
under which ! am appointed, is one, the President
cannot have the right afterwards OF aurhluing that
jurisdiction, ] am bound, and of course must here
declare, with the unieignetl and profound respect my
determination TO maintain the right vested in me OF
ADMINISTERING here the laws OF Spain, which being
ne'ther III opposition TO, repugnant with the CON
sttutiop OF the u. States, aIe sill in force i'm The
ioridas: and under the powers thus vested IN me-
since the right ~ refused Introduce The writ oil ha
peas corpus IN the flordas under the protection of
the American, will introduce il under the protec-
ton Of the Spanish constitution.
Eiectere 81 neQueo Superos, Acher onta vcbo.
regret IT. Sir bitterly regret it, the Genius of Anne
Tican history viii drop tear in pennng the page
which ITO record this singular political phenomenon
Duh u the people of the Fordas he protect
ed IN their liberty and property, of right they oug
10 he, ny the constitution of county, by tc con
sututlOn OF their country, they shall I've protected ls
TAR at least as my weak powers may avail them, by
me constitution OF Spain, by the constitution OF their
iormer country. Give leave Sir, to refer yon to
The III section of the l72d article of the Spanish
constitution, and further, among many others con-
tanning an analogous dpcirine TO the articles 2f7 9!
z5l 287, 295, 290, $685. 3l2, 5, of the same n,lru-
menf.
by these several articles, Sir, as fundamental
i'm fnr.R hnra
conduct oil Gen. Jackson here, and, instead of max
ing INN simply captain general of the Island of Gu
pa, &c suppose him king OF all The Spiins If Won
VIII, and even then, he must be crushed, under the
ponusros weight OF the loudly accusing authorities
against his unprecedented despOiisn. Aud l,y the
same authorities must lie supported in my strenuous
exeriions to screen the victims of his fury and whc-
ther used, in order to enforce nv amihoritv the
forms OF what CALL in the United States, u wit
OF habcas corpus, or whether issued any other or
der which Spanish judge might have issued under
similar circumstances for the purpose OF obtaining
The same end, feel, and sincerely hone sir the
President and yourself WILL upon Reconsideration.
feel satisfied likewise, that have done every thing
IN my power to enforce obedience 10 the law, and
Ila', III doing so, have not gone beyond, but have
Kept myself stiic ty within the limits of tho legitimate
authority entrusted TO me by the President.
Sir, dis communication being likely to close our
correspondence on the subject Of the difficulty be-
tween General Jackson and myself; believing, as
90, that Congress shall have egisIaied for e FIorl-
uas probably before this reaches you, il may not be
improper, pehaps, for to add here few Ubserya-
IONS IN support and in yindcaiiOn Of the severe Lam
5uage have been compelled 10 use, IN speaking OF
the conduct here OF Gen. jackson. Sir, 1 am no
miniature, no water-cOor painter. What strongly
leel, must express strongly and dinghy, re-
meet with pride on the strong expressions Of grail
Jude, whicb,in common with every American cilizeD,
bestowed on the achievements OF General Jackson
Not one Of the members, with whom had the honor
10 serve III the Senate ofthe u. States, will accuse
me OF having been deficient, so far as my feeble,
~ feeble exertions, aud my vote, conId co. in the ma.
IN every possible shape and FORM Of the
national gratitude The man, in particular under
whose auspices the British had been obliged dis
gracefully 10 withdraw from the shores Of invaded
Louisiana.