The daily union. [volume] (Washington [D.C.]) 1845-1857, 1845-05-05
THE FLORIDA CASE.

leave 70 publish the two interesting opinions Of t
Attorney General and the Solicitor of the Treasur
,pon the new and eurious o,,es,;o, which The 80,
49, -. =, :, 49, ".''~'' .''o ~.
Sonsress admitting rIordu ana Iowa INTO the UnIo
Ia. hro,,.h, IN W. H.. .l.,.a .;;
a' oioush' up nave op'ained PermisSio
without the slightest difficulty. and now hasten 4
lay these able papers before our readers. We pra
them NOT IN he deterred x ths or N. .,,y
ject or by the length of the opinions from giving her
careful perusal. They involve some curious an
interesting points The reader will please to observ,
'na' inc Attorney Generai's opinion announces hi
concurrence IN the Solicitors views In doing sc
he refers to the Solicitors letter To the Pyesiden
which v.s rafs,rsd 10 h;,, .,a -, :. ~. ,u.,...
.,--~ -, '''' 1'1 ~ :" ms ''''N w.
nons which are dated at some subsequent period
oPn''on ana instructions o. me Solicitor o. the Treas
Wy 20 ~ Un'1ea o.ases anor'lsy Jor ne dtsffief !
"a" rsouaa ~ relation 70 me Decf o. me aef ad"iii
ring ftoTsda snso me Union, upon pending su,t'
Prosee'1sons, ana processes, IN rhich me onre'
States avs interested, IN the superior courts o. me Ter
risory Of Florida
OyYIcE OF THE SoLIcIroR OF THE TREASURY,
April 80, lS45
SIR: Yours Of the 29th ultimo, in relation to tn.
effect of the act admitting Florida into the Unior
upon pending suits, prosecutions, and processes, il
the superior courts Of the Territory in which the
United States are Interested and asking instruction.
from this Office relative thereto, has been received
You say:
Forids having been admitted into the Union on an eoua
footing with the original States in all respects
the Sd Inst has been serious question here whether the
shor o ~. aes ~ am
for the Of territorial IN Florida
approved March 3d. is2a the act TO amend said act ap
Msn 1873 and The act e amend the several acts
Nav "a aS Sss r,a.1 y sc a.
passed o. Tho Sd inst providing for district eou with
"a tha
nos ~ orgsnizsd snd III Were re act eoa.ns no
snic az - Y 80 ~ '"fs'''' ''''''
ssrc. ~. Al 80 Narch ,1oo 49,. a. .;.
4;on N ths limited States er, nc sf.c, ,hsra haso
been th;r,esn nsw S,a,es ,.h;ch baso a.,s,'i;sSsJ
their constitutions and been admitted into The TIn;o
under as many separate acts NJ Concyess pron;'
s;ons were made ~ h,t ,hre. or ,hs.s 800 ~
s,rcssto Vii n ,hoss adc,;,t;no ~. Sac - 49,
Mis,ouri. and Alabama ;nto he Irn;or -. ~ !,
transfer Of the nendinc ss nrosecn,;ons and ,,.n
cesses into the new courts esphl;shed h., ,h
al scts &c admission Thsrs mas ~. sno sese
cason r snch IL ,hs ~ no o.
mont. Kentuckv. Tennessee and Maine - those
States vvere savsrall,, fnr,,aJ a., - ..r,nr;a ;,i
in the Jurisdiction Of four of the ORIGINAL and ex;st-
inc States and The federal cnurt sv.te,,, Nd ~
ready been extended over them, and would remain
thither and n All its force and afEact ,nIoss Ia
until changes were introduced hv o,he, IL us I ~,
il was otherwise with regard 10 Tie States NJ oh;o
/ Louisiana. Indiana. Missssnn; Illinois rL.,na.'
and Michiean. They were aIl formed IN, ~ ,a~.;
tory belonging to the United States and 4 would
have been interesting to know what became of The
pending suits. prosecutions and nrocessss il H..
several territorial courts. a. and aer he time thna
States respectvev were admitted ina ,ha II;
The books Of renorts which NV. Nd -,
nity 70 consult. have furnished me Win no ;Ifppru
ton upon the subject Whether tbe suits os. ,a
mitted 10 abate and were con,m.ncsd ). ~. 49, Pei-
whether thew were transferred i. S,c,o - H. =.
courts and shad dav,, therein accord;nr !. 49,
pertaincd 70 the State or federal tr;hnnss on,
advised. Whatever NAV have haen IN oa, al. ..-
ken in regard 10 them. Il wonld seen, ~ he q.
generally acquiesced in; for INV scr,tin;es bsva
INV ouestions were ra;sed aho ~'n h a..ess Inal
broue5t 10 ndpment tha = .t,ers - ae.i Wn,cn
on involved II had honsd - 81 y JIrlsuic-
accurate and useful Information fror ~ some
records Of this Office 50 far as he States Or Askan
a. and Mich;pan we've concernsd aSa u Arkan-
Slice wss essblished nr;or - IN Is thls
.ither Of them Thev furnish bnuana. '''si SUI; %
very precise or positivc but il NAV he reuardsd ~
negative pregnant with some importance H., 49,
mako known no endorsements affecting pendinr
Plosecuuons' q processes, which attended the
-. = 'noso governments ouch circum-
wou,u scem y au'norize srong tntersnces at
s."s as VIZ cl.ner regularly tried and dis
Z 49,. -. =. 80 = 'hey were commenced,
Delng transferred ds Jdeio " me appropriate new
Z I, were, wllno9t available opposition, tried
!. ~ mere A me absence OF all counter
! c'' mouiu, pernaPs DC allowable to carry the
,ys'sness urnei ana aeouce IKE results as attend
~ Pending SUITS, prosecutions, and processes in |
ynio, LOUISIANA, Indiana, mississippi and Illinois,
a \ nose states respectively were admitted into
ne usiion; ana q long, unbroken usage like this in
ne silence OF me laws, might reasonably be applied
r, Florida IN like conjuncture.
~. n0 power 20 transfer causes from superior courts
the new district court in the absence of any ex-
ress authority TO do so, after the district court
as been organized and put in operation, is cues
on OF much interest, undoubtedly, and, as an origi-
al ore, would not be free from difficulty and must
ave been upon US, for judgment and action, had
70 oices pertaining TO the new court been filed du-
ng the session Of the Senate. We are happily dis
Embarrassed OF that question at this time, as the
has wisely determined that he cannot
lnke those appointments "during the recess Of
ne Senate" A just interpretation of the clause
the constitution which confers the power to FIJI all
acancies, makes It plain that he is without the
over % DO So Il provides that
sThe President shall have powsr - Al, mn u,
at may happen daring DE Of the Senaie by granting