Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1822-03-02

most expeditions redress " hich the case ad-
mitted. If however, the house disapprove,l
tins course, Jet il at once pH: period 10 debate
which appeared inttrniuahlr, provide go
vcrnment for the territory of Florida, and put |
an end to this thirty days tyranny, it as was
called. Mr. l.. expressed his disapprobation al
the practice of going into debate on every |
rival occasion-on every resolution or motion
proposing no matter what, aud dragging into |,
review the conduct of officers, military aud
civil, when the investigation was not intended
tn be followed by any actor proceeding. These
discussions were injurious, and, he thought,
| improper, where they were not meant to re-
suit in some definite effect. Where this was
not the intcntion, where no new fact could be
expected, what advantage could result from
occupying time which was intended for prac-
teal and useful legislation
| Mr.. STEWART was in favor of discharsins
not only the committee, but the house, from
the further consideration OF the subject He
Thought the only question was, or should be,
whether or not the subject matter should not
be recOmmtted to the military committee, to
report the facts, in order that it might he seen
whether it was matter for the legislation of
this house, or for hc'exercise of executive au-
thorlty. LIN his view it was merely question
| OF false Imprisonment, and it seemed to be a
matter to decide whether this house will re-
lions of that sort And if they do determine
TO try such questions for the benefit of Span
iards, Is IT not equally proper, he asked, that
we should decide similar cases among our
own citizens? And if we are to decide cases
OF false imprisonment, is it not equally proper
that we should undertake tn try questions of
assault and battery He really thought it was
transportation of authority between the u
dlcial and Legislative departments, which was
guarded against by the constitution. 1t led,in
his epiAion, to a protracted and Improbable
discussion, in which all that had been said of
jackson and Callava, Ct ia genus o,,,e, would
he brought into view, and all those angry pas
slons which those matters seemed SD fertile
in producing would break out anew. He
thought every principle, therefore, of justice
and of policy required that il should he refer
red 10 the Executive Department. 1t might
also Interfere with pending negotiations be-
tween this government and Spain. 1t was
certainly unnecessary 10 so III quest of business.
Our tables are already loaded down with
the pressure ofimpprtalt business that comes
within oar especial province. There was the
bankrupt bill, the tariff, the subjects of inter
nal Improvement, and various other matters
OF national moment, and of AN inperious
character, that demanded our attention. And
why was it that General Jackson-nr indiyidu-
al, however deserving or MISUNDERSTANDING
occupy the attention Of Congress, to the eX-
tluson Of the great and pressing objects OF
national concern? What Importance WAS it
to- country of ten millions of people, whether
one citizen had been guilty ofassaut and bat
terry upon another, or not For these reasons
| he ras altogether opposed ~ any further
consideration of the subject which gentlemen
seemed TO be disposed to prolong by present
ing the merits of the case on the very question
whether they shall be discussed or not by the
house.
Mr. CHAMBERS replied to the observations
of the gentleman from Pennsylvania, (Mr.
Stewart,) and observed that if this were q
mere case of assault aud battery, and false
imprisonment yet it was to be considered
that there was in that territory where the
transaction complained oftook place, no tri-
bunal adequate to the protection of individual
liberty, or indemnity for its violation.
Mr. Cook said, there were two questions
for the house to determine -reief to the pc
titioners, and punishment ofthe offending Of
ficers. As tn the question ofrelief, it was pc
culiarly referrible TO the President of the u
nited States. He adyerted to the terms of
the treaty, the powers of the officers appointed
IN Florlda, and the circumstances attending
the imprisonment of the petitioners, to shew
that the power to grant relief rested alone
with the Executiye-ihat he alone could grant
|
Congress cannot interfere with cases of the
violation ofIaw-they may repeal the law or
| lmpeach the officer, but IN ii case of relief from
a violation oflaw, it in the first instance was
case, for the executive interference, and not for
| Congress.
! Mr.. McDUFFIE thought the sound sense of
the House would Indicate the propriety of
pursuing the course recommended by the
! Military Committee and he feared that if
| the House were To act otherwise upon this
subject, it must act upon it unwsely and nju-
diciousy. What was the inquiry ,he asked? Not
whether orr officers had acted incorrectly but
whether the subjects ola foreign power have
received from our officers an injury. And to
whom is such application for redress to be
| preferred? To the Executive 1t was not
to be disguised that there were difficult Ques-
tons pending between this country aud Spain
and that there was disposition on the part
Of the agents of Spain to throw fircbrands Into
the public councils, To distract the operations
Of this government. They had already at
tempted to excite disalectou aud disturbance
in that quarter. He would admit there ought
! to be harmony in the Cabinet, and no man
would go farther than he would to discountcn-
ancc spirit of division and dstrust But he
was not disposed TO change the ordinary
channels in which business should proceed on
the ground that the nation had not confidence
in the Executive. He asked, ifthe gentleman
! from Virginia, (NIr. Randolph in speaking
of the loss of confidence in the Executive, did
not mistake his own for'the pulse of The House,
and of tic nation? What administration, he
would ask, had ever been fortunate enough
10 enttle itself to that gentlemaD's confidence
| Or was II proper for the house to pay very
great Difference to the ccDsllrcs of a gentleman
who had opposed every administration z?
When it is so difficult, continued Mr. ID. to