Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1822-03-05
FLORIDA DOCUMENTS
ExraAcrs FROM PART III.
(Conciudcd)
NJ IL
mranHag Tie Presidents .Message Of .IniuqI

No. 49,
Judge froaicatin TO Me Secretary of Sil,e
PENSACOLA, Dec. 9th, 1921.
Sir In compliance with the engagement in INV
last letter YOU, dated the Cd instant, have the
honor of sending ioyou enclosed cxposilicn of
motives for still a,lherng TO he construction or
Einay gave III the. act Tor carrying effect the
treaty between the United States and Spain.
IL, atei the serious and, may fairly add, disn-
ierested examination of this question, have come
Stlll TO wrong conclusion, ought dissenIble
from you my stubborn ncapaciiy. am unwilling 10
I've valued more tlianI worth. ] will not add eli
t.'er by unloundcd preiensions, by a system of
studied conccalment of the reasons by which act
20 the number Of swin,lers of reputation.
have the honor to be, with great respect, sir,
YOUR obedient servant.
ELiGIUS FROMENTIN.
fhe Hon. J. Q. ADAMS,
Secretary Of STATE.
Exposition, sc.
In cXpOunling "A law, deem IL all important 10 as
certain, praciicabIe, the motives of The Legislator
anactng IL THIS once done, the construction of the
law is stripped Of all its difficulties
The act for carrying Into effect the treaty between
the United States and Spain, does not admit, in its
construction, OF the slightest doubt. The legislator
himself declares in the second section of The act
that he has created certain Offices for aiuiaining
tue people OF the coded territories, in the enjoyment
o their liberty, properly, and religion, in conformity
with the clause in the 9th article of the treaty which
secures to those propls the enjoy of The prise-
ges, rights, and imniunities OF the citizens of le u
lIited States.
Now, where shall look for those privileges,
rights, aud mnuniiics In the only place in which
they to be found ia the constitution of The Uni
ied States Bui here am TO he stopped at once
The constitution is mol, am 10 be told, extended in
express terms to the Floridas and il is not 10 he
construed az hcms extended by implication. But does
me Act o Congress creatc la express terms the Of
ice oil captlin-generIl OF the Island of Cuba Does
u create that office by implication sand if
~ t' IS only the doctrine Of OPPRESSION which is
20 be received IN county under the government of
tie United States by implication Are "A captaiu
general OF the island of Cuba, n governor of the
sumo island, an lntendant, supreme Judge &C. &c
with whose underlined duties and authority that pro-
6c nursery of despotism, no person m the United
states, II seems, acquainted 10 be unblushingy
.augsled INTO the Florldas under the auspices of the
stan -spangled banner And when in obedie see TO
the imperioUs call made upon him by the same act
the valiant, the legitimate knight of American iber-
~, the hold asserier OF American eedon,, the writ
u lta'eas Corpus, presents HIMSELF he is TO bc re-
fused ad;nntanee Away, away I'VE know him
GOT Cruelty, crucily.Yes, sir, f in this most sacred
cause, sacred next to the Cause of religion ITSELF
may he allowed to use the words of the scripture
He came unto his own, and his own recci, ed him
not"
Great, no doubt, and imposing, are the names of
s0mc ljy whom that doctrine ia advocated But still
Sota IN my judicial capacity, and in my character Of
an Amercan CITIZEN Must beg leave, most respect
niy, bnt most uneduiyUcay, 10 protest against the
iibcriicide doctrine.
SIR, the captain general and GsJvernor of the Island
OF Cuba had no duty TO perform in the Floridas, ex
cept sort Of general honorary rather than efficient
yght OF uperinendencc, 10 receiving in tler capa-
ciy superior military officers, occasional reports from
The governors OF t'c two provinces Of Florida and
making their report accordingly TO their government
uhIch general duty OF supefinendencc, from the mo-
ment Of the transfer of the Foridas, humbly pre-
sumo, necessarily devoiyed on the administration OF
ihe federal government. You, sir, IN that, respect,
are the proper capain-gener Of the Island Of Cuba
This duty Of superintendent, with tue occasional
obligation OF appointing temporarily, governor in
either Ul the two provinces Of Florida in ci,se OF
Ie death or other disability Of either Of the incum-
benis constituted the whole Of the authority of the
ciptain-general aud governor uf the Island uC Cuba
cnded that the capstin-genera and governor Of Gu
~, wao appointed for the purpose of enabling the
governor OF the FlUrias report to uself us cap
t'ngenera aud governor OF the Island Of Cuba, or
iitcr hts death To appoint another governor in his
place, It IS impossible for me 10 conceive what we
hul TO 10 here with cnpiain-gcuerd vi the Ishpd
u Cnha.
The duty Of the niendant Of the Island Of Coba IS
'oniIned 10 tie supcrinondence Of the royal reve-
lucS5 ihd To the management of the royal domains
But, ~ the same commissions which creates Cenesa
Jackson intenddUt of the .iaDd of Ctll,a Ic - ex
ts.ly prohibited iiCm interfering with either the re-
fsuue ~ The dOminOns Uf the United StItes--,hns
: scents we have more TO do with the Intendant
,han with eitlicr tic capain-gonera or governor OF
. tbe island of COb1.
IloNr,cr, deriving, rs General Jackson docs his
gh Indcial authority roni his title OF captain-gene
st nf the tl'nd Uf Cuba, let rs sec bow those pre-
iansiOUs gfcc with the Spanish law "a tic subject
p'lr' tlIe old term Of gOvcrnWent the capiaiH-ge.
1afd Of Cuba WIS; eN0icO, president of the Real
-. sBcia sitting at POr Priucipe, IN the Island of
saha, wbsrc, believe, he never attended. But, if
-. lisi attended, im his capacity az president, he
7l had the casting vote in Of an equal diy vision
''"' tlai right Of presidency ex-o6cio, (a homo
lazy rght,) did ~ him, he exercised sGgly
lpartcle Of jriicah auihsffy, y, cii1 or criminal