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

follows! That, by the express terms OF the
treaty, all those who preferred Ia remain in
Florida, We're allowed To remain there. What
right, then, had the American commander tn
take upon himself the exercise of nm aulho,i-
~, unknown 10 the law, and repugn,nt to the
constitution ? But, it is said that Governor
Jackson possessed Il Judicial authority.
t@After Mr.. WHITMAN had been speaking a
bout half an hour
Mr.. RuEA rose, and required the previous
question of consideration on the resolutions
submitted by Mr.. Whitman.
This question, the SPEAKER decided, Mr..
| Rhea had n right to require. The question
of consideration does not admit of debate.
| From this discussion Mr.. WILLIAMS OF n.
| c. appealed, as contrary To- the rules and i,rac
tce of the House.
| The written rules referring TO this subject.
are in the following words
! When any motion proposition il made, the
question, VIII the House;now consider it 2 shall
not be put, unless il is demanded by member,
or is deemed necessary by the Speaker"
"Whcn IA motion is made and seconded, il shall he
stated by the Speaker or, being IN writing II shall he
handed To the chair, and read aloud before debated
| A short debate arose on this question of
appeal from the decision of the chair, in which
Messrs, Uiiiicms of n. G.. fright, Mercer,
Campbell, Floyd, LoundeS, BcLane, .4rcher,
and Stevenson, took part.
| This being "a question as TO the order of pro-
ceeding, ii is not necessary to- report the va
rious arguments on which gentlemen sustain
ed their varying views on the SUBJECTIVE
question being entirely new one in the histo-
~ of the House.
| The SPEAKER put an end TO the debate by
rcvoking his decison-stating that the obser
vaions of the members who had spoken had
convinced him that the right In make ques-
ton of consideration accrued at the moment
a motion was offered, and not after debate of
it had commenced. On this occasion, rs on
all Others, he felt it his duty TO acknowledge
his error on being convinced oft. He there
fore now decided that the gentleman from
Maine had right to continue his remarks.
Mr.. NELSON of Va. then appealed from the
last decision of the Speaker, believing mm to
have been right in his first decision and wrong
in his last. The ground of the appeal was,
that, in the present Instance, no opportunity
had been afforded TO exercise the right, WHICH
the rule gives TO any member, of requiring the
previous question OF reconsideration.
| This question was debated by Mr.. Nelson
DIVA. Mr fright, Mr.. Rhca, Mr.. Lille, Mr..
Sergeant. Mr.. Mercer, Mr.. Wiilians of n. G..
Mr.. Hood. Mr.. BnsSeH, Mr.. Rich, MIR. Cook,
MIR. Taylor, alr. Uaitcorth, Mr.. Rankin, Dir.
Uhtt.lan, Mr., Smyh and WAS decilcd in
| the affirmative 80 votes Ia %. So the de-
4
MIR. WHITMAN then resumed his remarks
on the subject, and expressed his opinion that
the Governor of Florida did not possess those
lJudlci'd powers OF which he claimed the ex-
ercisc. He referred to the act under which
| that officer WAS appointed, and commended
that it was not q lair construction nj that law
TO consider IL rs comforting upon the Govern
or lhe powers which the Spanish government
had conferred upon the Captain General of
a III. r
the existing habits and laws of this country,
and it was never part of the policy of this
government, or of the people, to combine iu-
dlcIal, executive, and military powers IN the
same person-and he contendcd that the mo-
nirnt the cesson was co0summat.d, the laws
OF the United States took place uf the Spanish
laws, III the territory of Florida. He also
maintained that, So far as the laws of Florida
were adopted they were cumulative only,
and did not exclude the Fundamental laws of
this government, and these laws il was the es-
peclal and exclusive right of the Judge who
was appointed over that territory To interpret
and enforce. He therefore thought there was
peculiar propriety in referring this part of
| the subject to the committee to which he pro-
posed TO refcrit.
| In respect to the third part of the resnu-
tion, he also expressed his views at length in
enforcing areference oft TO the Military Com
mittee and concluded by observing that he
| should have ceased his remarks long ago had
ne not been interrupted yet he cnnld moi
forbear TO express his hope that tn. House
would not sit still, aud sanction, by silent ac-
quicscenre, combination of Executive, Ju-
diciIl, and Military powers in single indiv-
dual, which was n precedent too important TO
hr suffered to gather strength by The silence
of the House
MIR. WRIeHT expressed his regret that
subject which had already excited c0nsidera-
bic discussion, should now be brought forward
in another shape. He believed it was upwise
t. suffer it TO distract the attention Of the
House, at a time when other Subjects of
greater importance were pressing uvOn the
attention of this body. he commended tha;
the course pursued by the Governor OF Tlpr-
ia was evidently correct, and that the dUcIl-
ments before the house fully proved it. Hc|
had read them with admiration, and they re-
newcd his confidence in the distinguished per-
son who was sent tn execute the laws in Flo
rda. The people Of that place did not even
possess territorial laws. 1t was not possible
| at that time, to make such a code Of laws, ard
| Gen. Jackson was sent, clothed with authori-
| ty to carry such as were adopted into eXecu-
| ton. And what has he done? He has done
what the law directed, and &c has done no
lDore-and such is the opinion of :ho Execu-
tive. If any body is in fault it is the Exccu-
tive. Why not move, then, that h. be I'M
peached Take the bull by the horns-m-
stead Of directing these measures against an
officer whose conduct is approved by the Ex-
ecutive Of the nation. Mr.. w. adverted 10
the equvocal and shutting eyasions that were
resorted TO by the Spaniards TO procraslinate
or defeat the cession. Energetic measures
were essentially necessary 10 accomplish the
objects OF OR goycrnmeDt--and, as General
Jackson was charged with that duty, nc was
|