The Portland gazette. [volume] (Portland, Me.) 1818-1824, 1822-03-12

dspIrageinent OF g0vcrnnrur. But u ap-
peared from the documents in this ease that Colonel
Callavd claimed 70 be Commissioner Of the Spanish
nation. aud by recurrence 10 the documents tp 80
il weuld he seen that General jackson had actually
recognized him as SUCH and treated with him in that
capacity. But General Jackson subs equcnty d' mes
TO him such powers wide p 70 and 10 This was
necessary assumption in order TO Justify his preceding
conduct IN regard 10 that otlcerbut, Om the general
tenor Of the documents is evident that Colonel Cal
lava was what he claimed 10 be--a Commissioner for
the purpose Of delivering up the Floridas pursuant 70
the treaty, &c. What conduct, then, was IL incum-
bent on the American Governor nave pursued
Was it consistent with the dignity Of the American
people TO commit violence opon the person Of Span
ish Commissioner The papers that caused the con
trovercv Mr.. w. contcndcd, were regularly in the
power Of an authorized agent Of Span-and there is
evidence OF precipancy, at least the part OF Gen
era jackson 10 get possession OF these papers. BY
what law could he Justify such violence }y the com
mCn-thc civil-the Amercan--or the Spanish law
No--by no law could such summary act Of violence
be justified bu; by military lava law that cannot DC
recognized where the laws and constitution Of the
country are IN force, unless IN time Of war,
cutting the laws Ofthe country. Where was the impe-
rIous necessity that required. in this case the imme-
date lnterpositlOn Of military force There was
none The papers in question not necessary,
even important, the individual claiming them.
But, admitting II otherwise they conceal
ed by Colonel Callava Not at all. Mr. w was
pursuing this course of argument when he vas called
to order by Mr. Sanders the ground that there was
! no question now before the House.
The Speaker decided thar, although the practice of
the Honse had been otherwise, yet it was the opinion
OF the Chair that il strictly not in order to discuss
the merits Of proposition until j, had been presented
to the house. and the question regularly stated thereon
Mr. ". thereupon handed TO the Chair, the follow
ing resolutions
Resolved, That such parts Of the documents accom-
panving the message Of the President of the United
W. Last as ,ha
resDondence between Andrew Jckson late Governor Of
the flondas, his deputies and the officers Of His Cath
Ole Majesty there resident, and the issuing bv the
said Jackson OF his proclamation of the Goth SeDtcnl-
Der, 1921, be referred TO the committee on FOREIGN
Relations.
Resolved, That such parts Of the documents accom-
panying the message of the President of the United
States Of the 2Sth Of January last relate to the ex
ercise OF Judicial functions the part OF Andrew
Jackson. late Governor of the Fordas, and the con-
trovcrsy relative thereto between him and Eligius
Fromcntin Judge Of the Court therein be referred 10
! the Committee on Judiciary.
Resolved, That such parts Of the documents accom-
panying the message Of the President Of the United
States Of the 23h OF January last as relate 70 the en-
poymcnt Of the military force of tie United States in
h the execution of the order and decree Of Andrew
Jackson, late Governor Of the Floridas while claiming
to act IN judicial capacity there, ard TO enf'ce his
proclamation Of the 10Th of September 1921 be refer
red to the Committee on Military Affairs
! The resolutions having been read
! Mr. Whitman resumed his remarks, and enforced
his position, that there existed sufficient cause for
the violent act OF the American commissioner Before
ne issued his mandate there proof before him hv
affidavit where the papers were and that they had not
been seCreted From these considerations Mr. W
thought this part of the subject came peculiarly within
the province Of the Committee on Foreign Relations
and If such reference was made II would br CON
sldered that the Congress passing il SUB slcntio ap-
proved oihe conduct of Gen. Jackson and of the ey
ercise OF military authority by him in this case Bv
reference TO p p, a. and is il would be seen that
these documents or papers were not concealed.
But why, II would be asked they not delivered
over to Gen. Jackson The answer 10 this question
IS contained In the documents themselves 1t was be-
cause Col. Calaya believed that they BELONGED 10 the
military tribunal, aud to the civil records Of the
province. The proper course therefore would have
been to make a formal demand Of them and 10 have
pursued that demand by proper measures to the source
, Of power
Mr.. W. then advcrod 10 the proclamation ordering
these SpanirdS from Florida IT. as Ccn Jackson con-
tends, when lmprsOninr Calava these Dcrsons we're
no longer officers of the Spanish government-,,hat
follows That BY the express of the treaty. all
those VINO preferred 70 remain IN Florida allow
CD to rcU.ln there. What right then had the Amen
commander 10 take uDon himself the exercise Of
an authority unknown TO the law and repugnant to the
constitution ? But it j. said thar governor jackson
possessed judicial authority
After some further interruption occasioncd bv Mr.
hhea requiring the previous question Of conS icration
III.
". was allowed to proceed
Mr.. ". expressed his opinion that the Governor
q FLORIDA did nor possess those judicial powers OF
which he claimed the exercise He referred 70 the ACT
under which that officer appointed ard commended
mat was not fair construction OF that law 10 consid
er as Conierng upon the Governor the powers which
the Spanish government had conferred upon the Can
tam General OF Cuba. The law was made with ref
erencc TO the existing habits and laws Of this country
and was never part Of the policy ofthis government
or OF the people, 10 combine judicial executive anf
military powers IN the same pcrsOn-and he contendct
that tc moment the CeSsion was contaminated the
laws OF the United States took place of the Spanish
laws IN the territory Of Florida. lie also maintanet
that SO lar as the laws of Florida adopted tile
were cumulative only, and did not exclude the funda
mental laws Of this government and these laws il
the especial and exclusive right Of the Judge who wa,
appointed over that territory interpret and enforce
lie therefore thought there peculiar proprctv in
referring TINS part OF the subject 10 the committee Il
which nc proposed to refer it,
In respect to the third part Of the resolution he al
So expressed his views at length in enforcing refer
cnce OF u 10 the Military Committee and concluded
by observing that be should have ceased his rema
long ago had he not been interrupted vet he could
not iorbear 20 express his hope that the House would
not ST stll and sanction by silent acquiescen \
combination Of Executive, Judicial. and Military DOW
crs in single individual. which was rrecedent tor
important to DC suffered to gather strength by the ST
lence Of the house.
debate Of considerable length cnyued which ,,,c
have not room for to-day. The question vas finally
taken and the motion 70 Law the resolutions On the "a
bic prevailed. Ayes 10l--NoeS H.
Mr.. Baldwin, from the select committee. "a
whom was referred the pet ON of sundry inhab-