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

Appeal in Havana. This, so far rs respects the
judicial functions of the capaingcneral and governor
Of the Island Of Cuba, was the state of things under
the old government Of Spain. Things have been
radically changed by the proclamation of the new
constitution OF Spain, IN the spring of 1920, both in
Havana and Pensacola. Under the constitution,
both the captain genera, and governor Of the Island
Of Cuba, and the governors Of the Two provinces OF
East and West Florida, who, with the assistance of
the auditor Of war, exercised under the old form of
government, each in their respective province, judi
cal functions, have boon deprived OF oil judiciary
authority except the military affairs and those slu-
ties arc now 10 he discharged by judges expressly to
he appointed for chat purpose. Upon what fountia-
uon then does General Jackson his claim the
high dsnay of a supreme judge, chancellor, sc.
&c: which high officers, II seems he would give
understands have been struggled in the same pack
| age with the captain general and governor of the
| Island Of Cuba.
| II is then very evident that General Jackson under
his commission as captain general &c. of the Island
of Cuba, cannot ciim and exercise in this country
any Judiciary authority. This ought be a sufficient
answer 10 General jackson himself, who, ostensi-
bly, al least, does claim any judiciary power but
under his commission rs captain.general Of Cuba.
But let us examine that question further, and see
whether, under The act OF Congress for carrying the
Treaty into effect he cannot possibly be vested by the
PRESIDENT, IN virtse of an additional commission
winch nobody has seen, with judiciary powers.
1 The act for carrying the treaty into effect says
that the military civil and Judicial powers, shall he
vested IN such person, and persons, sc. Let
then inquire first, WHETHER under the law, he can
he vested with the judicial authority for If he
not he, we must necessarily conclude that he is not
! anu H. notwithstanding under the law he could
he vested with those powers still il should turn out
thar he was vested with them, the result would lie
the same, the appointment would lie an illegal orse
and OF course, nul and void and, i'm nv judicial
| capacity, should feel bound tn resist it,
Now, then, was the civil power, as contra distin-
gu,hed from the judicial power, vested in Genera
jackson Most individually You wonld laugh al me .
IL Twas seriously to ask whether the military power
was vested in him. mean whether he exercised il :;
Tor whether vested or not, if he exercised it, my
gnment holds equally good the object of the act of
I congress being to prohibit the exercise of those
three powers by the same person. Whence, j; fol-
lows evidently that the judicial power could not be
vested 10 him. al u II WAS, was vested improperly
| ALL
SO lar then as respects any judicial powers exer-
cised IN the Floridas by General Jackson HIMSELF
nave no hesitation in pronouucing them, no matter
IA virtue OF what commission he may contend he had
right TO exercise those powers an usirpation not
only not warranted, but expressly prohibited by the
ACT Tor carrying into effect the treaty between the
United States and Spain.
Another question, and most important one is
now 10 be examined Is there in the law any autho-
y' winch, oy the most iarfetched mode Of reasoning
'i ne construed so us 10 vest in him authorize
'ne PRESIDENT 10 vest in him, Legislative powers and
mus 10 authorize him create courts of Justice To
assign them a jurisdiction unknown in the country,
anu W give him the right TO vest in others any uli-
Gu" authority, any authority differing essentially from
the authority exercised 10y the officers Of the existing
S" re OF the coded tcrritoriesa
I
course must he had to this, in favor Of oppression
only ii'orabiy 10 he received doctrine of right by
,mphcaion Again, we must draw upon this ines
hnustble captain general, gov ernor of Cuba &c &c
&c. NC But even that resource fails Neither nm
Ger The old government of SPAIN nor IN der the pre.
sent spanish constitution, have the captain general
IN the person Of General Jackson ever had the right
oil creating court of Justice. If then the right of
creatnS court OF justice he not derived from the
powers appertainng 10 the captain general Of Cuba,
&c. Efnl1 ..aI
from the act of Congress, which, SO far as respects
Juuiciai powers, vests in the President alone The
risnt oil appointing judge, who is TO be different
person from the civil and military officer or officers
ana VINO IS 10 exercise his duty in such manner as
the President Of the United States shall direct Now
a'' tins has been done The President has done me
ihe honor to appoint me, and in my commission he
mas prescribed The manner in which 10 execute
my duty. The law is satisfied
have, think, demonstrated above, that the law
di not authorize the President 10 confer any legis.
laiiye powers upon General Jackson On the other
uanu (which by the bye, would by no means alter
Inc iegay OF the trust) those legislative powers as.
snmcn ny General jackson, cannot be traced even
me I'egtimate source OF any legislative powers en-
joyed either under the old government Of Spain or
uhuer me present Spanish constitution by any Of the
many oihces the rights and duties of which General
Jackson conceives did centre in him The creation of
tins court then is unwarranted ASSUMPTION of nm
delegated powers, and the persons who 10 sit
as judges under the appointment of General jackson
are gully OF usurpaon, and under the Inv by which
TINS country is present governed responsible 10
the parties in damages.
There IS, SIR particular feature in this transac-
hon' winch, IT j understand your letter correctly
strikes me, and am sure must unon raHec,;on
strike both the President and Yourself as n most ex
naordinary one When first was informed that the
President mad dosc me the honor of confetriup on
me ,ne appointment OF judge of the United States
Tor West Florida, was induced 10 give 10 myself an
account OF the probable motives of the selection made
oil me- and understanding that the Spanish laws were
professionally maintained, came TO the conclusion
t,put ha1 a.. =
mont TO select for administering the Spanish laws in
PENSACOLA, a judge from among the members Of the
par par OF country where the same laws, so far as
they are not contrary to, repugnant with The con-
sution of the United States aie still in force and
VINO, OF course, was supposed to be acquainted with
those laws which he was TO administer An addi
l,onai motive, perhaps, thought in appointing me, a
Stranger ny birth, 10 that high Office, in country
winch am sure, IL was the intention of the Pres-
dent, to conciiIate might have been TO satisfy the
people OF that country, by my example, that the pro-
'nses heh out TO naturazed czeas by our free con-
sutu,Ion we're not vain and empty promises but real
substantial benefits and advantages which the ex-
IRENE lIberaFty OF our political institutions threw open
10 them, well as the natives of the UniteJ STATES
from the moment that the government of the United
states by taking possession of the Florilas had re-
cognIed Them as citizens OF the free American Re-
public.
Judge, then, sir, what must have been my astonish-
ment, when read IN your letter, thar the general
commission sent me, is considered and intended 10
appy only TO the execution Of the laws respecting
ne revenue, and The Importation OF people Of color
ANA That the President considered IL his duty to en-
trust The execution OF the Spanish laws declared 10
ne sun W. i0ce ~ tins couDtTy, officers specially
appointed for that purpose. am lost 10 alen.eni
VIVA, oliicers have been specially appointed for that
purpose None have been appointed by the Presi-
heht Zen Jackson, have proved, had moi the right
20 appoint any, and yet now Pensacola exhibits The
s''a"2e, very strange spectacle indeed Of count Of
pnmtedJursdictioni in both civil and criminal ma Z
ters OF acour without the assistance of iury in civil
mhuers OF court without appeal which court con-
ss OF three or four prolessedly not understand
ING "a word ut tive lanouape In which t,e Iaye