Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1828-08-12
To The Editors Of the National TntcIigencey
THE FLORIDA CHARGE
PENSACOLA. July, 1923.

tI0 me Editors Of the National fntcliigcncer
HE FLORIDA CHARGE.
PENSACOLA, july 1928
Gcntcnien In your paper Of the 21st OF June
discover an editorial paragraph. on the subiec CT
oi Ten jackson ordinances while Governor of Flo.
rtda. i'll which, from the want Of correct irforrn,
ton, you appear inclined to concur in the censure
oil an anonymous writer. L had seen the subject
alluded TO. before and was restrained only from
giving public explanation, by unwiiiingness 10
appear oifciouS or iDtermeddng i'm the great NO.
l;tical contest, as well from regard TO pronri
ety. In my official station. The explanation.
'loSycver, Is due from as p, act of iustice and
tiis Will DC admitted, when l state, that the ord-
nahces IN question were drawn up by the late n.
nesli. Duncan, Of New Orleans, and-myself un
DER circumstances which must cast the censu,e
u any, upon us, and not upon General Jackson.
"a lie" days previous To the occupation OF Flo
iiip, was requested by General jackson to H.
ute, with Mr.. Duncan, who happened Ia I,., in
Fensacnia, and who well known as an emf.
nem CIVILIAN, Intimately acquainted with all the
circumstances attending the occupation of Lou.
isiana, 10 ascertain the nature and extent of the
kivii authority in Florida and TO prepare so,pa
temporary ordinances for the regulation OF civil
affa1rs, where 1t necessary The General
declared MS intention 10 adhere most igidy TO the
existing state OF things, and to make no alterations
which were not absolutely unavoidable On in
curry, we found that the only civil functonarv in
the country was the Acadc, who was notary pub
VIC, keeper oil the records, &C., but that, in fact
the government OF the province was military
There was no Cabl1o at Pensacola and IL was
impossible Tor us 10 ascertain to What kind of n
government the province would have been emit
1ded, even under the Spanish constitution. Mr.
Duhcan and myself were Of opinion that that con-
stitution, as form of Government ceased to he
IN force, as soon as the Spanish sovercipntv
CEASED to exist for the greater part of it was only
'pP"caUie 10 fioida, as portion Of the Spanish
monarchy The Constitution OF the United States
was not in force, were any Of the acts of Con-
Aress, excepting those which related 10 the reve-
nuc' an" 'iia importation OF slaves. 1T viii be
seem IRON the organic law ofls2a, that the pro-
'isionS OF he Constitution OF the United States an
piicsble 10 our situation, are even now ONLY ex
'enueu 10 US by express enactment, and the acts
OF congress- III Il similar manner by express de-
-@cbdration.
When General jackson came 10 consider The
nature OF his powers under his commissions and the
actoi Congress authorizing the OCCUPATION of the
country, he did not appear TO have previously re-
tectea upon Their full extent, and candidly de-
eared that they were greater than ought to be
entrusted 10 any individual under our Government
aiu willingly consented 10 delegate the exercise
Oh Tue CIVIL authority to individuals ar.onp the old
anu new inhabitants under such organization as
we should devise, conforming as near as possible
20 the most liberal Spanish and american insti-
tulions. There was sudden accession of Arne-
Ficah population, both in town and country, which
vas nkeiy, III very short time, to exceed in
numbers the old inhabitants, part of whom it was
expected, would remove to Cuba. IL was thought
necessary, by Mr.. Duncan, to consult the habits
and Prejudices OF our countrymen in respect to
uono Juries, the common law of En- land in crirni-
zai cases, land public and viva voce mode OF try
ing causes. 10 meet these circumstances the
oIdmances were principally framed, reseryinC TO
General Jackson the extensive powers of Captain
i.enfral and Governor, of Civil ard Military
Ihiei, only IN extraordinary means or in oeruiey
resort by these means, avoiding the disagree
aDie necessity Of resorting to military instru-
nents In the government and police Of The
town and country. We had before us the
ordinances Of Oreiy, on taking possession Of
Louisiana, who not only established a code ~
procedure, but abolished the French laws en-
TREY, and introduced those OF Spain in their stead
Wiie, excepting in criminal matters, the orGioan-
ces oil General Jackson expressly recognized and
maintained the laws Of Spain. Mr. Duncan stated
that, on our occupation Of Louisiana, il had be.
come necessary to legisate in this way and that
ordinances had been passed by the Governor, who
fook possession, but W. could not procure them
The ordinances thus framed by us, were irDmed-
aleiy transmitted by General Jackson TO the Pre-
sident, with full explanations, and I have meyer
learned that any disapprobation was expressed Ii
may be asked, Why were they repealed by Con.
gress' bave often asked this question myself
Ielng only temporary, they ceased, as a matter Of
cOHTse, on lhe organization Of the territorial gov
ernInenf; but their repeal was regulated by Cen
eFai I1ernandes, for which he no doubt
thought sufficient, and the repeal would necezssri-
~ follow his request. have understood that some
diFatisfaction was expressed at the power confer
ret Oh the mayor and city council to regulate Inc
sabbath; This was introduced at the solicitation Of
some respectable American inhabitants. but was
suardcdiy expressed, and from respect 10 the
pcJudiccs oi the population, never acted on
nave also understood, that at ST. Augustine
was an abuse Of the power conferred on the mayor
AMI council TO impose taxes for tho support offheir
town government.
WIS not my intention to undertake n defence Of
tic Ordinances, but TO cxplaii their history and
origin The first Ordinance was irtcrIed n es
tabIsh aIocal government and police, to be ron
dycted ny evil, instead Of military officers. One
o. its provisions, which your correspondent con.
srlers an Arbitrary stretch Of power was suggest
efby General Jockson, az being peccssarv 70.
arlasion 10 preserve the discipline Of the ,Soops
and Was taken literally from an act o. Congress
fni 10 force in the u. States, but not then in Flo.
'.nn-~ProhInung The saie Of spirtuous liquors to
spdiers The second Ordinance. dawn 10 AZ lie
a'ggesucn ofc,s srFgecn cFth> ATny, ara some