town to have sent three such compa
nies to the field. Their Light Infan
try company was particularly correct
an their movements, and the Kifle com
pany was distinguished by the beauty
and neatness of their dress. The oth
er Light Infantry companies sustained
their established reputation. The Bat
talion of Cavalry added much to the
martial appearance ol the line, and their
movements and manoeuvres on the field
during the sham fight, were an inter
esting scene. Colonel Whipple's reg
iment of Artillery wat completely e
rpiipptd and in an improved dress, and
the celerity with which their pieces
were served and manoeuvred, did full
justice to this important portion of our
military force. The Marblehead bat
talion also distinguished itself by the
dexterity and precision with which
their artillery was managed. The
companies of the line were generally
in good order, and many of them in a
uniform dress, and we think, on the
whole, our militia have improved much
since the last Brigade Review."
FROM THE SAVANNA!! CEORHlAX.
GOV. JACKSON AND COL. CALLAVA.
An attempt has been made, as well
by Col. Callava, as by his friends, to
prove that he was at the time of his
arrest, an official character and that
respect should have been paid to his
person on that account, if on no other.
Setting aside his prevaricating conduct,
md evident desire to retain the papers
which he was called upon to deliver up,
which of itself would justify the seiz
ure of any individual, it cannot be pre
tended that he retained any portion of
his authority as Governor. If not,
couid any other character, unless it be
that of an accredited minister, protect
him from the strong arm of the law,
in obliging him to restore what it was
evident his intention to have swindled
from the government, (for it amounts
to little less.) The law of the prov
ince was placed in the hands of Gov.
Jackson, and in exercising it promptly
and effectually for the public interest,
though it involved the punishment of a
Spanish officer, he performed an impe
rious duty.
Gov. Jackson and Judge Frcmentin.
The case of "the Heirs of Vidal
vs. Innerarity," recently argued at
Pensacola, is conclusive on the ques
tion of jurisdiction in the dispute be
tween Gov. Jackson and Judge Fro-
mentin. The whole report of this j
case is given in the Floridian. We
give below such part of it as bears par
ticularly upon the question between the
supreme judicial officer of both Flor
idas, and the United States' Judge for
the District of West Florida. The
defendant in this case put in a plea
against the jurisdiction of the court,
of which Gen. Jackson in his official
capacity acted as judge,) and the point
"was fully argued before Mr. Mitchell,
who was appointed by the Governor
according to the Spanish custom, as
assistant or law adviser, and who de
livered the opinion of the court. The
court quoted the commission given
bv the President to Gov. Jackson,
which is in the following words :
u James Monroe, President of the Uni
ted States of America, to all to whom
these presents shall come, greeting :
Whereas, the congress of the U. States,
by an act, passed on the third day of the
present month, did provide, that until the
end of the first session of the next con
gress, unless provision be sooner made,
for the temporary government of the ter
ritories of East and West Florida, ceded
by Spain to the United States, by the
treaty between the said parties, concluded
at Washington, on the 22d day of Februa
ry, 1819, all the in li ita ry, civil, and judi
cial powers, exercised by the officers of
the existing government of the same,
shuli be vested in such person or persons,
find shall be exercised in such manner as
ihc President of the United States shall
direct, for maintaining the inhabitants of
said territories, in the free enjoyment of
their liberty? property and religion Now,
know ye, that reposing special trust and
confidence in the integrity, patriotism, and
abi'itics of Major General Andrew Jack
son, I do, in virtue of the above recited
act, appoint him to exercise within the
said ceded territories, under such circum
stances as have been, or may hereafter be
prescribed to him, by my instructions,
:.nd bv law, ail the powers and authorities
the r fid Andrew
Jackson, to execute and
of this present appoint-
mini tne unties ot tins present app
inent according to hw ; and to have and
to hnlil the same, with all hi powers and
privileges, until the end of the nest ses-
i ic c (.u u' v v. avi tiscu ijv iiic go 1 1 iiui ) miii stitution ot the United States ; but it
captain general, and intendant of Cuba, j will hc seen from lhe ab that he js j
and bv the governors of East and W est I PX.nrt ,,i .-,i .u fc . . 1
v, , ,i jjcwn placed above that instrument.!
Honda, within the said provinces respec- i, , .i . r ,
' 1,1 i : u: "ad it been the intention of the cov-;
slon of corigress, unless provision he soon
er made, for the government of the said
territories, so ceded by Spain to the Uni
ted States : Provided, however, and it is
the true intent and meaning of these pres
ents, that the said Andrew Jackson, or
any person acting under him, or in the
said territories, shall have no power or
authority to lay or collect any new or addi
tional taxes, or to grant or confirm to any
person or persons whomsoever, any title,
or claims to land, within the same.
In testimony whereof, I have caused
these letters to be made patent, and the
seal of the United States to be hereunto
affixed. Given under my hand at the
City of Washington, the 10th clay of March,
A. D. 1S21, and of the Independence of
the United States of America the forty
filth.
(Sgned) JAMES MONROE.
By the President :
(Signed) John Quincy Adams.
The court argued from the above
commission, that it was the will of the
President to invest Governor Jackson
with all the civil, military and judicial
powers exercised by the officers of the
Spanish government over the Floridas,
before the change of sovereignty
with such limitations, and subject to
such instructions as it might please the
President from time to time to pre
scribe. The said powers given as
aforesaid, are limited only by the fol
lowing instructions and reservations of
the President, which are, that the Gov
ernor of the Floridas shall have no
power or authority to lay or collect
any new or additional taxes, or to grant
or confirm to any person or persons
whomsoever, anv title or claims to
land within the same. From the ex
ceptions themselves, we arrive at the
conclusion, that all the civil, military
and judicial powers are given with
this further exception, such parts of
tnem as are conferred on others, for all
the above powers are vested some
where, being absolutely necessary to
carry on the government.
The following relates particularly to
the powers of Judge Fromcntin, from
which it appears he had not, as has
been stated, the jurisdiction of a United
States' Territorial Judge, but simply
under such laws as related to the re
venue, and the importation of people of
color.
t; The counsel for the defendant, in his
very able and ingenious argument, sug
gested th.it as the President had appoint
ed a judge of the United States for West
Florida, possibly his tribunal might have
jurisdiction of this case. He admitted,
however, that he could not have jurisdic
tion, unless it was positively given him
bv statute, or the express instructions of
the President. r rom the commission
read, and the deductions already made,
it fully appears that jurisdiction of this
case had been conferred on the governor,
and cannot be presumed to be given to
the judge : Having seen the commission
of the judge, he is expressly required by
instructions contained in it, to consider
himself as governed by the laws of the
United States and the inquiry now is,
what laws of the United States are ex
tended to the Floridas, taken in contra
distinction to the Spanish laws in force
here. From the second section of the
act entitled " an set to carry into effect
the treaty between the United States and
Spain," we find that only such laws as re
late to the revenue and importation of the
people of color, are extended to the Flor
idas. And as these subjects have been
expressly excepted, and taken out of the
general powers of the governor, it is fair
to presume that these subjects, and the
cases arising under the two laws of the
United States, expressly extended to this
country, are alone the legitimate objects
of the judge's jurisdiction, until the con
trary be shown from any instructions he
may have from the President of the Uni
ted States. In short, the judge's juris
diction is not defined by any act of con
gress and he can exercise no jurisdic
tion that is not expressly given him by the
President's instructions.
" In conclusion we will add, there arc
technical objections to the plea filed in
this case -in a plea to the jurisdiction of
this court, it is necessary to shew that
there is another court in which effectual
justice may be administered ; the plea
under consideration wants that requisite,
which alone ought to be sufficient to war
rant this court in taking jurisdiction, least
there might be a failure of Justice. We
are perfectly satisfied that this court have
jurisdiction, and therefore overrule the
pica."
It has been contended bv the adver
saries of Gov, Jackson, that he has
committed an offence against the con-
T, ? tne 'Habitants
:01 1,Ior,fia the benefits of our const!- j
tution, the cliuse prohibiting the tern-'
porary governor to lay and collect tax
es would net have betn introduced.
i
Congress alone posses power under the
constitution ; but such is the uncontrol
ed power given to Gov. Jackson, that an
express reservation of this right, with
that of disposing of public lands, has
been made, leaving of course every
other attribute of sovereignty in his
hands. That the power thus delegated
to an individual, is too great in a re
publican form of government, we ad
mit ; that it has been abused, we deny.
It would appear by the following ex
tract from the Floridian, that the Gov
ernor is perfectly aware of the respon-
; sibility of his situation, and prepared
honestly to meet the consequences of
i his conduct :
" Before Mr. Mitchell pronounced the
opinion of the court' on the question of
jurisdiction, fan extract from which we
have just given Gov. Jackson made sev
eral remarks worthy of himself, and which
deserve to be recorded ; but the following
is so perfectly characteristic, that we
should be inexcusable in withholding it
from our readers : He said, " I am cloth
ed with powers that no one under a repub
lic ought to possess, and which I trust
will never again be given to any man
nothing will afford me more happiness
than to learn that Congress in its wisdom
shall have distributed them properly, and
in such manner as is consonant to our
earliest and dearest impressions. Yet as
I hold these powers by the authority of an
act of Congress and commissions from the
President of the United States, it there
fore becomes my imperious duty to dis
charge tiie sacred trust reposed in me, ac
cording to my best abilities ; even though
the proper exercise of the powers given,
might involve me in heavy personal re
sponsibilities. It has been mv fortune to
be thus circumstanced on other occasions
in my various relationships as a public
servant, yet 1 never have and never will
shrink from the discharge of my public
duties from any apprehensions of personal
responsibility."
If all this be not conclusive of the
powers vested in the hands cf the tem
porary governor of the Floridas, we
despair of ever convincing those oppo
sed to Gov. Jackson, that he has any
powers at all, and we give up the un
profitable attempt, to argue against pre
judice and passion, for
"He that's convinced against his will,
' Is of the same opinion still."
If Callava had chosen to submit re
spectfully to the authority which had
superseded his own, the morbid sensi
bilities of the exclusive constitutional
ists of the Union, would have been
spared, and as at St. Augustine the
matter would have been settled with
out unnecessary appeals to the public,
and accusations against an officer,
whose distinguished rank only exposes
him to. the shafts of his adversaries.
It has been stated in positive terms,
that Judge Fromentin had not ac
knowledged that his powers did not
warrant his interference in the affair of
Callava, as we had been led to believe.
We regret it, because we cannot dis
cover, at the present moment, on what
grounds he can maintain the right.
We heartily concur in the suggestions
contained in the following paragraph ; and
should be willing to go yet further, by
putting all lies on the same footing, wheth
er told at the bar of a court or the counter
of a shop whether on the highway or in
the drawing-room : Nat. Intcll.
mOM THE FEDERAL Jir.rUBLICASr.
Oaths. It has become so fashionable
and so common a practice to administer
oaths, that a great portion of their sancti
ty and importance is lost in the careless
and indifferent manner in which they are
administered. On the trial of many cau
ses, no matter how trifling they may be,
the same oath is used, and the same in
difference is observable. The taking of
an oath is a solemn and awful act ; it is
calling on the omnipotent God, to wit
ness the truth of the declarations which
arc about to be made ; and it is intended
to prevent the person who swears from
uttering what hc knows to be false. If
this is the object, then let the mode of
administering it be more sojmn and im
pressive. We cannot say that we are partial to
the practice of swearing oaths. Honest
men will tell the truth, 41 the whole truth,
and nothing else but the truth," without
the formality of " kissing the book ;' and
rogues are indifferent whether they are
sworn or not, whilst the careless manner
of administering oaths tends to increase
that indifference.
We are not fond of innovations, but we
would beg leave to sucrsrest the following
as a better mode of coming at the truth I
than tne one now m vogue. Let the
swearing of oaths be abolished, and let
the laws which are now in existence a
gainst perjurers, be changed into laws a
gainst liars. Let the liar be punished
with the utmost severity; and when a
witness approaches the bar, let him be
told to remember the lav.; and let him fullv
understand what he has to expect in case
of being convicted of falsehood.
Wc make these suggestions, ior tne
purpose of drawing the attention oi the
public to an important but much neglect
ed subject. Itis our determination to
recur to it speedily. We shall attempt
. . ;c Kttpr to pnact and cn-
force severe laws against liars, than to oe
. r- . i it if minis.
prive oaths ot tneir wuunv uy
tering carelessly, to persons upon whom
the present fashionable mode of doing it
has no effect.
INTELLIGENCE.
He comes, the herald of a noisy world.
News from all nations lumb'ring at his back.
ABSTRACT OF EUROPEAN INTELLI
GENCE. Fram foreign papers received at JVexi-l 'ork
GREAT BRITAIN, Sec.
A subscription has been started in Ire
land, for the erection of a testimonial in
Dublin, in honor of the King's visit to
that country. One gentleman subscribed
500 guineas. A proposition has since
been made to build a palace, suitable for
a royal residence, in Dublin.
A family at Belfast were lately poison
ed, two of them to death, by eating milk,
in which something called jly-water, con
taining a preparation of arsenic, had been
accidentally mixed.
Lord Clifden has cancelled the whole of
the arrears due by his tenantry, on his
large estates in the country, and promised
a suitable reduction of rent next season,
should prices remain at their present de
pressed rate.
The King of England has announced
his determination to hold a court every
third year at Dublin.
Some disturbance lately took place at a
public dinner in Dublin, at which both
Catholics and Protestants attended, in
consequence of one of the latter, an Al
derman, giving as a toast, " The glorious
and immortal memory of William the
Third."
The naval commands at Jamaica and
the Leeward aie to be consolidated, and
given to Admiral Sir Charles Rowley, at
present employed at the former place ;
and Admiral Fahie, at the latter place,
will be removed to the command at Hali
fax. An extensive maritime survey of the
eastern coast of Africa, from the Cape of
Good Hope to the northward of the line,
is about to be undertaken.
The John Bull newspaper contradicts
the account given of the Queen's conver
sation just previous to her death, publish
ed in the Times, (and in many American
papers.) It says, "no conversation took
place between the Queen and Dr. Holland,
as represented. For six hours before her
death the Queen did not speak to any one ;
nor, from the state of her disorder, was
she able to do so."
FRANCE.
Talleyrand, it is rumored, is soon to be
recalled to the ministry.
Numerous lithographic prints, calling
to recollection the death of Bonaparte,
are circulated in Paris. The government
is represented as alternately tolerating
and prohibiting them.
The manufactures throughoutthe north
ern department of France are said to be
extending and improving rapidly by the
aid of English, Swiss, and German work
men. It is said that a theatre, of truly gigan
tic dimensions, is about to be erected in
Paris. The stage will be one hundred
feet high, and three hundred feet deep.
The performances are all to be of the ro
mantic kind ; the scenes will be laid on
mountains, in valleys, beside torrents, and
sometimes in the clouds. The opening
piece will have the following attractive ti
tle : The unknown Sfiirit of the Myste
rious Grotto, or the immense vacuum of the
Soli tiide of the Desert. Each box will be
provided with a telescope !
Letters from Rome say, that all the
members of the Bonaparte family, who
reside in that capital, and especially his
mother, are plunged in the most profound
grief.
The sexton-of the Church of St. Eus
tace, in Paris, amazed to find frequently
a particular lamp extinct early, and yet
the oil consumed only, sat up several
nights to perceive the cause. At length
he discovered that a spider of surprising
size came down the cord to drink the oil.
A still more extraordinary instance of the
same kind occurred during the year 5 75 I,
in the Cathedral of Milan. A vast spi-
w.. ..juujLMi,u uiLiCj wiuuu icu on tne
oil of the lamps. M. Morland, of the A
cademy of Sciences, has described this
spider, and furnished a drawing of it
It weighed four pounds, and was sent to
the Emperor of Austria, and is now in
the Imperial Museum at Vienna.
The Paris Moniteur contains, an elabo
rate report of the labors of their Council
of Agriculture during the last year. It
is an able paper, but keeps quite clear of
the commercial part of the subject, and
so ar allords no points for comparison
with recent inquiries in England. Upon
this an English editor remarks: '-The
glowing internal prosperity of France at
this moment is very apparent; as well
from this document as from all other facts
and information of a kindred nature.
Two or three years hence the develops
ment will be still more striking, and wc
shall begin to discover that the Bourbons
arc once more Gur natural enemies.
SPAIN.
It is said that the people never paid
their taxes with so much punctuality, nor
required so little pressing to make pay
ments, as since the re-establishment of
the Constitutional system. And the en
rolments for the army, in all the provin
ces, were never before made with so
much expedition, and so free from disor
der. The Madrid papers have published ex
tracts from the proceedings instituted a
gainst the authors of the massacre in Ca
diz, on the fatal 10th of March, last year.
The result of the testimony of a great
crowd of witnesses proves that every pos
sible means of seduction were employed
to induce the soldiers to massacre the in
habitants. Brandy and money were dis
tributed in the taverns. The Generals
Campana, Freyre, Rodriguez, Valdes,
the Colonels Gabarra, and Capacete, and
many subaltern officers, are greatly com
promitted. The sentence will be quick
ly pronounced. The three Generals and
the superior officers are strictly guarded.
The people wait with great impatience
for justice. There were 156 persons
killed and grievously wounded.
Private letters from Spain speak of
some essential modifications of the new
constitution, as being in contemplation.
The change has been concerted by those
distinguished by their talents, and some
of the administration, and has been dis
cussed and approved at several private
meetings. It is designed to remedy ma
ny of the existing evils, and will be pre
sented to the Cortes as soon as it assem
bles. According to this project, the rep
resentative government will be divided
into two bodies namely, a Chamber of
Nobles, and a Chamber of Deputies, lor
the kingdoms and provinces. These
Chambers will have the initiative with re
gard to the proposal of laws ; the Crown;
vill have an absolute veto, and the prop
ositions which it may reject cannot be re
proposed until another session. The
municipal authorities and the justices of
the peace are to be elected by the people-
A private letter from Madrid, dated
the 9th inst, says : " Advices from Cadiz,
inform us, that the commerce of that
port is in the most deplorable state, on
account of the extensive losses sustained
by the capture of a great number of mer
chant ships by the insurgent privateers.
GERMANY.
The late disturbance between the Jews
and Christians at Dantzic, arose from the
Jews having erected booths in the mar
ket place, which the populace wanted to
pull down the day before the annual fair.
The director of the police, who attemp
ted to restore order, was very roughly
handled; the booths were pulled down?
the merchandise destroyed, and the pro
prietors ill used. The military who were
called in were resisted, and obliged to fire
Several persons were wounded, and two
Jews killed.
A paragraph, dated on the banks of ther
Danube, says ; " The Austrian troops are
marching towards the frontiers of Dalma
tia, where they are already assembled to
the number of 30,000. I'orty thousand
men besides are betwreen Trieste and
Laybach. These troops are placed on
the war establishment.'
An article, dated Berlin, Aug. 16th,
says, that a grand camp was to be estab
lished there about the end of the month,
but nothing had transpired which led to a
supposition that Prussia would interfere
in the affairs of the East.
The Hamburgh papers of the 24th of
August mention, that a proclamation
which had been promulgated by Profes
sor King, of the Leipsic University, on
behalf of the Greeks, was seized by the
authorities of that city, on the 8th inst
and proceedings commenced against the
author and publisher. An article from
Frankfort states, that this appeal has ex
cited the most intense interest in that
quarter.
PRUSSIA.
The Allgemeine Zeitung, of the 14th
inst. has, under the head of Prussia, the
following paragraph :
Orders have been sent to the Berlin
censors to let every thing written in favor
of the Greeks pass. It may have been
remarked, that within a short time past
the Berlin papers, even the Court Ga
zette included, contain many articles fa
vorable to the Greeks.
The censorship imposed upon the
press in this kingdom is of the most ri
gid and arbitrary nature. The censors of
the other German states are regarded as
much too indulgent by the Prussian gov-i
eminent, and all German books published
out of Prussia undergo a fresh examina
tion at Berlin. It even appears from the
foreign papers that censors are appointed
to inspect the works of particular book
sellers. Thus in a letter dated Berlin,
Aug. 9, it is said : " The special censor
ship to be exercised over the works pub
lished by M. Brookhaus, of Leipsic, which
mav be imported into Prussia, is confided
to M. Hcydebreck, superior president of
the province of Brandcnburgh. From
him, in future, will emanate all the ordi
nances for the whole monarchy relative
to Mr. Brockhaus's publications. The
censorships on M. Brockhaus's books is
rrf
conimefl. to political works, Pam