Was David Levy
a Citizen of the United States?
Fight for Seat in Congress as a Delegate
September 3, 1841
March 15, 1842
                                                                          DAVID LEVY.

September 3, 1841. Read, and laid upon the table.

Mr. Halsted, from the Committee of Elections, submitted the following

REPORT:
The Committee of Elections, to which was referred the remonstrance of
David R. Dunham, and others, citizens of
Florida, against the right of David Levy to hold a seat in the House of Representatives of the United States, respectfully
report:

That the committee have carefully examined the evidence which has been submitted to them, both on the part of the
remonstrants, and on the part of the said David Levy, and have heard and considered such arguments as the counsels
of the said remonstrants and of the said David Levy have thought proper to present. And that it appears by the
evidence produced on the part of the remonstrants, that the said David Levy was born at St. Thomas, in the West
Indies, in the year of our Lord one thousand eight hundred and ten, while his father, Moses E. Levy, was a subject of the
King of Denmark. That Moses E. Levy, the father of the said David Levy, was a native of Morocco, but resided in the
Island of St. Thomas and at Havana, until the year A. D. 1821, when he fixed his residence permanently in Florida. That
the said Moses E. Levy did not arrive in Florida until after the 17th of July, 1821, the time of the transfer of that Territory
to the United States. That the said Moses E. Levy attempted to become naturalized in the year 1821, and that
afterwards in, the year 1831, and after the said David Levy had arrived at the age of twenty-one years, the said Moses
E. Levy made a second application to become naturalized, and received naturalization papers.

This is the substance of the evidence submitted to the committee on the part of the remonstrants, and will be found in
the affidavits of Moses E Levy, Joseph Hernandez, and D. S. Gardner, and in the paper purporting to be the
naturalization of Moses E. Levy, by the Superior Court of East Florida, dated 17th of October, 1831, certified by John
Beard, jun.,clerk of said court.

Which affidavits and certificates are hereto annexed, and are numbered 1, 2, 3, and 4, respectively.

The evidence submitted to the committee by David Levy, Esq., is:

1st. A paper purporting to be a true copy of the correspondence of W. G. D. Worthington upon the subject of the
naturalization of Moses E. Levy, taken from the files of the State Department, which paper is hereto annexed, and is
numbered 5.

2d. A paper purporting to be the record of a decision of the Court of, Appeals for the Territory of Florida, in the term of
February, 1841, on a, rule to show cause why the said David Levy should not be stricken from the roll of attorneys of
said court, on the ground that he is not a citizen of the United States. Which paper is also hereto annexed, and
numbered 6.

3d. A deposition of Joseph S. Sanchez, numbered 7.

4th. A deposition of Thomas Baltzell, numbered 8.

5th. A deposition of William P. Duval, numbered 9.

6th. Another deposition of Joseph S. Sanchez, numbered 10.

7th. A deposition of the Hon. Francis Mallory, numbered 11.

8th. The said David Levy referred to and offered as evidence: the memorial of Moses E. Levy, in the case of Moses E.
Levy against Arredondo before the Supreme Court of the United States in the year 1834, to be found in the Transcript
of Records of the Supreme Court of January term, 1839, part 2, page 614.

9th. A bill of complaint of Moses E. Levy, in the case of
Levy vs. Arredondo, to be found ill the Transcript of the Records
of the Supreme Court of the United States of January term, 1838, part 2, page 912.

Also items of evidence, No. 3 and No. 4, in the same case, in the same book, page 933.

Also item No. 9, in same case, same volume, p. 936.

10th. A copy of a power of attorney, dated 2d November, 1820, from Hernandez and Cheavitean to Moses E. Levy, to
be found in the 11th volume of Executive Documents, 1st session, 18th Congress.

11th. A deed from Moses E. Levy to Cohen, and one from Cohen to Levy, dated June 8, 1821.

The remonstrants also offered, as rebutting testimony, the depositions of J. M. Hernandez, numbered 13, and of P. S.
Smith, numbered 14 and 15.

None of the evidence offered on the part of the said David Levy tend in the least to impugn the facts established by the
depositions of the said Moses E. Levy, Joseph Hernandez, and D. S. Gardner, except the evidence of Joseph S.
Sanchez, who says he thinks he saw Moses E. Levy before the change of flags, at St. Augustine; that said Levy had
arrived (here from Havana with a schooner, and brought with him seed cane and other tropical plants, and that he
understood either from Moses E. Levy or from the person Introducing him to witness, that he came to the country for the
purpose of settling.

This evidence of Mr. Sanchez is rebutted by the second deposition of Joseph M. Hernandez, who says he recollects the
vessel in which said M. E. Levy came from Havana to St. Augustine, mentioned by Mr. J. S Sanchez; that the sister of
said Hernandez came passenger in the same vessel with the said Moses E. Levy when he came from Havana to St
Augustine, and that it was in the spring of 1822, and after the change of flags. (See second deposition of J. M.
Hernandez, numbered 13.) And also by the deposition of P. S. Smith, (numbered 15J who says that Moses E. Levy " has
repeatedly told this deponent in St. Augustine that he did not visit or come to Florida until after the change of flags.

To show that Moses E. Levy was an inhabitant of Florida at the time of the change of flags, or cession of that Territory
to the United States, the committee were referred to the bill filed by Moses E. Levy against Arredondo, (Transcript of
Records of the Supreme Court, January term, 1838, volume 2, pp. 908, 912,) in which Moses E. Levy is described as a
citizen of Florida. But it appears that this bill was not filed until the 11th of November, 1821; and, although it might be
some evidence that he was a citizen of Florida at the time the bill was filed, it is no evidence that he was a citizen on the
10th or 11th of July, 1821, the dates of the cession of East and West Florida.

The committee were also referred to the petition of Moses E. Levy, to the honorable the Commissioners to ascertain
claims and titles to lands in East Florida, in the 11th volume of Executive Documents, of 1st session of 18th Congress,
which represents that Moses E. Levy was a citizen of the United States, and resident of Micanopy, in East Florida. But
this petition is without date, and without any verification by oath; neither does it appear when it was presented to the
Board of Commissioners. It must, however, have been long after the exchange of flags, because the act of Congress
constituting this Board of Commissioners was not passed until the 8th of May, 1832, (see 7th vol. Laws of the United
States, page 103 ;) and the first meeting of the said Commissioners was on the 4th of August, 1823.

But among the documentary evidence offered by said Moses E. Levy in support of his claim, there is a power of attorney
from Hernandez and Cheavitean to Moses E. Levy, dated the ad of November, 1320, which describes Moses E. Levy as
then being an inhabitant of the city of Havana. (See 11th vol. of Executive Documents of 1st session of 18th Congress,
page 333.)

And, also, a deed from said Hernandez and Cheavitean dated the 8th of June, A. D. 1821, to Moses E. Levy, describing
said Moses E. Levy as being, at that date, as of the city of Philadelphia, in the Commonwealth of Pennsylvania. (See ib.
pages 334, 336.)

So far, therefore, as this documentary evidence goes, it rather confirms than impeaches the evidence of Moses E. Levy,
in regard to the fact of his not being an inhabitant of Florida at the time of the cession. And they also show that he was
not a citizen or subject of the King of Spain as late as the 3d of August 1820 ; for at that date, though he paid for land in
Florida, the deed was taken in the name of Hernandez and Cheavitean* and on the 2d of November, 1820, he took a
power of attorney from Hernandez and Cheavitean to authorize him to sell this same land.

The fact, therefore, that Moses E. Levy was not an inhabitant of Florida at the date of the treaty, or at the cession of the
Territory and change of flags, appears to be established beyond all manner of doubt.

It was admitted on the part of the remonstrants, that the said David Levy arrived in Norfolk from the West Indies in June,
1819, where he remained, attending school part of the time, and part of the time in a counting room, until 1827, when,
after a short visit to the West Indies of two or three months, he returned to Norfolk, and went thence to Florida in the
same year, and has continued to reside there ever since that period.

The depositions of William P. Duval and Thomas Ball/ell, have reference merely to the construction of certain laws and
ordinances touching East and West Florida, and the proceedings of certain courts therein, but do not establish any fact
inconsistent with the facts already stated.

Upon this statement of facts, the following positions have been advanced by the said David Levy, or -by his counsel,
and submitted to the consideration of the committee, viz:

1st. That the House of Representatives has no jurisdiction to try or determine the eligibility of a Territorial Delegate.

2d. That citizenship was not one of the qualifications of a Delegate in the acts of Congress under which he was
appointed; and that, therefore, he House of Representatives could not make it a test of eligibility.

3d. That Moses E. Levy, the father of David Levy, obtained a certificate of naturalization from the acting Governor of
Florida on the fourth day of March, 1822, while said David Levy was a minor, by virtue of which the rights of citizenship
were conferred on the said David Levy.

4th. That the rights of American citizenship accrued to the said Moses E. Levy, and through him to his sou David Levy,
under the 6th article of the treaty of amity, settlement, and limits, between the United Stales of America and the King of
Spain of the 22d of February, 1819.

5th. That the rights of the said David Levy under that treaty had been the subject of recent adjudication by the highest
judicial tribunal of Florida, constituted of judges appointed and commissioned by the United Stales Government, and
that such adjudication, if not conclusive, was persuasive evidence of the citizenship of the said David Levy, and that the
committee ought not to look behind it.

The committee, having maturely considered the several positions assumed by the said Delegate, and argued by his
counsel, are of opinion—

First. That the House of Representatives have plenary authority to investigate and decide upon all questions touching
the right of a Delegated hold a seat in that body. Were this a question
de novo, such an authority would seem to this
committee absolutely essential to the very existence of a well-regulated legislative body; for without it, it would possess
power to prevent the intrusion of improper persons, or guard its own rights from violation. But the jurisdiction of the
House of Representatives over questions touching the right of the Delegate to a seat therein, having been assumed
and recognised in numerous cases to be found reported in the Book of Contested Elections, the committee deem it
sufficient to refer to those cases in support of such jurisdiction, without stopping to argue the question. These cases
are—

1st. The case of James White, a Delegate from the territory south of the Ohio, in the year 1794—Book of Contested
Elections, p. 85.

2d. The case of Narsworthy Hunter, a Delegate from' Mississippi Territory, in 1801—Ibid, p. 120.

3d. The case of Randolph and Jennings, in 1809—Ibid, p. 240.

4th. The case of Easter and Scott, in 1816—Ibid, p. 272.

5th. The case of Lyons vs. Peters, in 1821—Ibid, p. 407.

6th. In the case of Biddle vs. Richard, in 1821—Ibid, p. 407.

7th. The case of Biddle and Richard vs. Wing, in 1826—Ibid, p 504

8th. The case of J. D. Doty, Delegate from Wisconsin in 1838.

These cases abundantly establish the jurisdiction of the House over questions of this nature. And the committee will
therefore proceed to the consideration of the second position relied upon by the Delegate, viz:

"That citizenship of the United States is not a requisite qualification in a Delegate to Congress." In support of this
position, it is contended that the Delegate from a Territory is not a Representative in the meaning of the Constitution of
the United States, because, by the act authorizing his appointment, he is designated as a "Delegate to Congress;" and
because, by the act of the 3d of March, 1817, though Delegates have a seat in the House of Representatives, and have
the right of debating, they have not the right of voting.

The introduction of a Delegate into Congress had its origin in the celebrated ordinance of 1787 for the government of
the territory of the United States northwest of the Ohio, (see.l vol. of Laws of U. S., p. 475.) » the provisions of that
ordinance in relation to the appointment of a Delegate have been from time to time re-enacted and applied to other
Territories. This ordinance is entirely silent in reference to the qualifications of a Delegate to Congress. The reason of
this difference may be accounted for either by supposing that the framers of the ordinance considered the term
representative used in the Constitution as broad enough to include a Delegate, or that they believed the settled
principles of the common law and Parliamentary usage would prescribe certain qualifications, though none were
enumerated in the ordinance. If the framers of the ordinance considered a Delegate in the character of a
Representative, then that section of the Constitution which declares that " no person shall be a Representative who
shall not have been seven years a citizen of the United Stales," would apply to the case. If they assumed that the settled
principles of the common law and Parliamentary usage would prescribe qualifications, then it may be asserted that no
qualification has been more uniformly required, under all Governments and in all ages, than that of citizenship. This
ordinance does not prescribe that the Delegate should be a free man. Does it follow from the omission to insert such
qualification in the ordinance that he may be a slave? Again: it does not prescribe that the Delegate shall be a white
man. Does it follow that he may be a black man? It does not prescribe that the Delegate shall be a male. Does it follow
that the Delegate may be a female? Yet, if we are to look only to the ordinance for the qualifications of Delegates, such
consequences would necessarily result. With the single exception of voting, the Delegate enjoys every other privilege,
and exercises every other right, of a Representative. He can act as a member of a standing or special committee, and
vote on the business before said committees, and he may thus exercise an important influence on those initiatory
proceedings by which business is prepared for the action of the House. He is also required to take an oath to support
the Constitution of the United States.

If, therefore, a Delegate cannot be regarded as strictly and technically a Representative, yet, considering the dignity of
his office, the important functions which he may exercise, and the high privileges he enjoys, the strongest reasons of
public policy would seem to require not only that he should not be an alien, but that he should possess qualifications
similar to those required in a Representative.

But if not embraced either in the letter or spirit of the Constitution of the United States, yet the committee consider that,
by the well-settled principles of the common law, as universally understood, both in England and in this country, an alien
would be disqualified from holding a seat in the House of Representatives. If authority was required for this position,
abundance might be adduced. It is sufficient, however, to refer to the opinion of Chancellor Kent, who, in the second
volume of his Commentaries, page 56, speaking of aliens, says: "They are unable to have any stable freehold interest in
land, or to hold any civil office, or to vote at elections, or to take any active share in the administration of the
Government." Indeed, the Delegate himself, on this point, in one of his written communications to the committee, says:
"So far as I am personally concerned, I do not hesitate to waive this point. I shall treat the condition of citizenship as a
necessary qualification for the office of Delegate, because whatever the law may be, it ought to be so." The committee
therefore dismiss this point by declaring their opinion that an alien cannot exercise the office of a Delegate to Congress.

3d. As to the naturalization certificate of Moses E. Levy, the father of the said David Levy. Assuming that David Levy
was under age at the time said Moses E. Levy obtained said certificate from Secretary and seeing Governor
Worthington, the question presents itself, is such certificate legal evidence here of the naturalization of said Moses E.
Levy, and, if evidence, is it conclusive? To make this certificate legal evidence, the tribunal by which it was granted must
have had jurisdiction over the subject, and the certificate itself must be in the form prescribed by law. The certificate
purports to have been made by W. G. D. Worthington, Secretary of East Florida. The power of making laws for the
naturalization of aliens is, by the Constitution of the United States, vested in Congress. If therefore, Secretary
Worthington possessed the power to grant certificates of naturalization, he must derive it from some law of Congress.
But, instead of referring to that source, he refers for his authority to what  "Ordinance number three, made on the
eighteenth day of July, one thousand eight hundred and twenty-one, by Andrew Jackson, Governor of the Floridas,
respecting the naturalization of the inhabitants thereof." of only authority which General Jackson possessed over this
subject, it conferred on him by the commission of the President of the United States, who derived his power to grant
such commission from the act of Congress of the 3d of March, 1819, which enacts "that, until the end of the first session
of the seventeenth Congress, unless provision for the temporary government of the said Territories be sooner made by
Congress, all the military, civil, and judicial powers exercised by the officers of the existing Government of the said
Territories, shall be vested in such person and exercised in such manner as the President of the United States shall
direct,/br the maintaining the  inhabitants of said Territories in the free enjoyment of their liberty, property, and religion."

The extent of General Jackson's power, under this act, was to maintain the inhabitants in the rights they already
possessed, viz: in the liberty, property, and religion ; not to confer on them new or additional rights. He had, therefore,
no authority to make an ordinance prescribing the mode of naturalization.

The ordinance, therefore, of General Jackson, No. 3, under which Secretary and acting Governor Worthington
pretended to act, was null and void. And of that opinion were the inhabitants of Florida, who are told by Governor Duval,
in his deposition, considered this ordinance as a grievance, and disclaimed the right of the Governor to subject them to
any process to enforce their allegiance to the United States: as the treaty with Spain provided that they should stand in
the same situation as the inhabitants of other Territories belonging to the United States. Governor Duval also concurs in
the opinion that, so far as it might against the treaty, it was null and void. And this ordinance was at the first session of
Congress after it was passed, repeated and declared null and void by the act of the 7th of May, 1822.

But admitting, for the sake of the argument, that the ordinance No of Governor Jackson, was valid, it applied only to the
inhabitants of the Territory. It was to maintain the rights of the inhabitants alone, that the President was authorized to
commission, and did commission. General Jackson; and it was for the benefit of the inhabitants of the Territory that the
ordinance No. 3 was passed; that ordinance is entitled "An ordinance prescribing the mode of carrying into effect the 6th
article of treaty of amity, settlement of difference, and limits, between the United States of America and his Catholic
Majesty, and is as follows, viz:

"Whereas, by the 6th article of the said treaty, it is among other things provided that on the entrance of the ceded
Territories into the Union, the inhabitants thereof shall be admitted to the enjoyment of all the privileges and immunities
of the citizens of the United States. Now, therefore, as well with a view to guard against imposition that may be practised
by foreigners as to secure to the inhabitants their free choice to become citizens of the United States under the
provisions of the said treaty,

"Sec. 1. I do ordain that the mayor of the city of Pensacola, and such other persons as may be appointed for the
purpose in any town or county of these provinces, shall open a register, and cause to be inscribed the name, age, and
occupation of every free male inhabitant of such town or county, who may be desirous to profit by the provisions of the
6th article of the treaty so as aforesaid in part recited: Provided the person or inhabitant who may thus desire to have
his name inscribed, shall first satisfy the mayor, or such other person as may be appointed to open registers, that he
was really an inhabitant of the ceded Territory on the 17th day of July, 1821: provided, also, That he will, of his own free
will and accord, abjure all foreign allegiance, and take the oath of allegiance prescribed by the laws of the United States."

It is manifest, from the evidence submitted to Secretary Worthington, and which is a part of the record produced, that
Moses E. Levy was not an inhabitant of Florida either at the date of the treaty or at the change of flags, and therefore
was not entitled to the benefit of this ordinance. And Secretary Worthington appears to have been perfectly aware of
this himself; for he says, in his certificate, "the applicant (Moses E. Levy) is not within the letter, yet with the spirit has
complied with the requisites of said ordinance No. 3." The proceedings, therefore, of Secretary Worthington, supposing
the ordinance under which he acted to have been valid, were manifestly illegal and void, because he exceeded his
authority; which authority, being a special and limited one, should not only be strictly pursued, but should so appear on
the face of the proceedings.

The committee are, therefore, of opinion that the paper purporting to be a certificate of naturalization of Moses E. Levy
is of no validity, and affords no evidence whatever of his naturalization.

The committee, having arrived at this conclusion, deem it unnecessary to decide what would be the effect of this
naturalization certificate, had it been duly granted.

The fourth position relied upon by Mr. Levy cannot be maintained upon any fair construction of the 6th article of the
treaty alluded to. The language of that article is as follows: "The inhabitants of the territories which his Catholic Majesty
cedes to the United States by this treaty shall be incorporated in the Union of the United States as soon as may be
consistent with the principles of the Federal Constitution, and admitted to the enjoyment, of all the principles, rights, and
immunities of the citizens of the United States." This treaty was signed on the 22d of February, A. D. 1819, and ratified
on the 22d February, A. D. 1821. The transfer of the Territory of Florida to the United States was made on the 17th day
of July. 1821. (See Treaty in 6th vol. Laws of U. S. pages 626, 631.) The evidence of Moses E. Levy, of Joseph
Hernandez, Daniel S. Gardner, and P. S. Smith, conclusively establishes the fact that Moses E. Levy was not an
inhabitant of Florida at either of the said dates. And it is also proven and admitted by David Levy himself that he did not
come to Florida to reside until the year 1827, long after the transfer of the Territory.

It is not perceived, therefore, how either the said Moses E. Levy or his son David Levy could become citizens of the
United States by the operation of that treaty, conceding to it the most ample effect which has ever been ascribed to it, or
to which it is fairly entitled. Admitting fully the doctrine which has been recognised by the Supreme Court of the United
States  the case of "
the American Insurance Company, et. Al., vs. Carter," Peters' Report, 542. "That on a transfer (by
treaty) of a territory by one sovereign power to another, the relations of the inhabitants of such territory with their former
sovereign are dissolved, and new relations are created between them and the Government which has acquired their
territory;" and that the same act which transfers their country, transfers the allegiance of those who remain it; and
consequently that the inhabitants of Florida were, by the operation of the 6th article of the treaty, admitted to the
enjoyment of the privileges, rights, and immunities, of the citizens of toe United States; yet, as neither Moses E. Levy,
nor David Levy, were at the date of the treaty, or its ratification, or at the time of the transfer of the territory, inhabitants
of Florida or subjects of the King of Spain, the treaty could not possibly have any effect upon them, either to deprive
them of any rights, or to confer upon them any privileges. Moses E. Levy at the date of this treaty was a Danish subject,
and owed allegiance to the King of Denmark. And although the King of Spain might transfer the allegiance due to him
from his own subjects to another sovereign Power, he could not transfer to another sovereign the allegiance due to the
King of Denmark by a Danish subject.

The Committee therefore pass to the consideration of the Just position relied upon by the said David Levy, viz: That the
decision of the Court of Appeals is conclusive evidence of the citizenship of the said David Levy. The principle of law by
which the authority of this decision is sought to be enforced, does not, in the opinion of the Committee, apply to the
case. That a judgment of a court of concurrent jurisdiction directly upon the point, is as a plea or bar, and as evidence
conclusive between the same parties upon the same matter directly in question in another court, is fully conceded. But
should the Committee admit that the Court of Appeals of Florida was a court of concurrent jurisdiction, and that the
decision was directly upon the point, (to neither of which positions are the Committee prepared to assent,) still, the
unanswerable objection to the authority of this decision in the present case remains, viz: that it is not between the same
parties; the present remonstrants had no opportunity of examining witnesses in the case, or of appealing from the
decision, and therefore tie judgment would not be evidence as against them, much less conclusive.

The Committee, therefore, are impelled to the conclusion that the evidence submitted to them proves that David Levy is
an alien, and, as such, incapable of representing the citizens of Florida in the Congress of the United States. They
therefore recommend the adoption of the following resolution, viz:

Resolved, That David Levy, Esq. is not a citizen of the United States in pursuance of any law or treaty thereof, and that
therefore the said David Levy, Esq. is not entitled to a seat in the House of Representatives as a Delegate from the
Territory of Florida to the twenty-seventh Congress.

W. HALSTED.

September 2d, 1841. , . •,
No. I. Affidavit of Moses E. Levy. City And State or New York, as:
Moses E. Levy, a resident of St. Augustine, Florida, now in the city of New York, being affirmed, says that he is the
father of David Levy, a Delegate in Congress from Florida. That he is a native of Morocco, but resided in the island of
St. Thomas and at Havana until the year 1821, when he fixed his residence permanently in this country, and arrived at
Florida six or seven days after Florida was transferred to this country. That David Levy was born at St Thomas in the
year 1810, and while deponent was a subject of the King of Denmark, and that deponent went to St. Augustine to reside
a few days after the Spanish was changed to the American flag in that Territory.

That deponent was naturalized soon after he arrived at St. Augustine in the year 1821, but discovering that this
naturalization was informal or illegal, he was again naturalized at St. Augustine in 1831, as near as he recollects; that
David Levy aforesaid, was over the age of twenty-one when deponent was naturalized in the year 1831. That deponent
was told in 1821, when he applied to be naturalized, that by the treaty with Spain, deponent being in possession of
property in Florida, he was entitled to be naturalized.
M. E. LEVY.

Affirmed to, the 13th day of August, 1841, before me
F. A. TALLMADGE,

Recorder of the City of New York.

No. 2. Deposition of J. M. Hernandez. District of Columbia, City of Washington.  
Personally appeared before me, Clement T. Coote, a Justice of the Peace, in and for the District of Columbia, city of
Washington, Joseph M. Hernandez, who being duly sworn according to law, doth depose and say: I have always resided
at St. Augustine and its neighborhood, in Florida, with the exception of a few years which I spent abroad. I was a
member of the Provincial Council on the day that Florida was transferred by Governor Coppinger to Major Butler, the
United States Commissioner, who was authorized to receive East Florida from the Spanish authorities, which was I think
on the tenth of July, A. D. 1821. I am acquainted with Moses E. Levy, the father of David Levy, the present Delegate
from Florida. I became acquainted with him after the transfer of the Territory of Florida to the United States, either in the
latter part of the year 1821, or early in 1822, I cannot particularly say what time. Previous to that time Mr. Moses E. Levy
resided some time in St. Thomas, West Indies, and in Havana. I am positive that said Moses E. Levy did not come to
reside in Florida until the year of our Lord one thousand eight hundred and twenty-two, or close of the year 1821. When
the said Moses E. Levy came to reside in Florida he fixed his residence in St. Augustine, where witness then resided. I
always understood, and it was so generally reputed, that Moses E. Levy was born m some part of Europe, and not in the
United States. I am personally acquainted with David Levy, Delegate from Florida, the son of Moses E. Levy. He first
came to reside with his father in St. Augustine a number of years after his father came there—I cannot say certain the
year. I heard of his having arrived there as a son of Mr. Moses E. Levy, but I cannot say where he came from. I am
satisfied David Levy was not an inhabitant of the Territory of Florida at the time of the transfer aforesaid, or at any time
previous.

JOSEPH M. HERNANDEZ.
District or Columbia, Washington county, to wit:
Acknowledged and sworn before me this eleventh day of August, 1*41.
CLEMENT. T. COOTE,
Justice of the Peace.

I certify that Joseph M. Hernandez came before me and made the foregoing deposition, at 10 o'clock A. M., this eleventh
day of August instant, and that he waited to be cross examined by any one interested, until eleven o'clock of this day,
and that no one appeared to cross examine on the part of David Levy.

CLEMENT T. COOTE.
Justice of the Peace Washington City, D. C., August 11, 1841.

No. 3. Deposition of D. S. Gardner.
District Of Columbia,     City of Washington. Personally came before me Clement T. Coote, a Justice of the Peace, in
and for the District of Columbia, at my office in the city of Washington in said District, D. S. Gardner, who being sworn on
oath, doth depose and say: I went to Florida in February, A. D. 1821, and have resided there ever since that period; I
was there at the change of flags on the 10th of July, A. D. 1821, or the transfer of Florida to the United States by
Governor Coppinger. I resided in St. Augustine at the time. My situation in life was such as to lead me to become
acquainted with almost every person in the town of St. Augustine. I knew Moses E. Levy, the father of the present
Delegate from Florida, intimately, after he came there in A. D. 1822, after the cession of Florida to the United States.
When he first came to Florida, he fixed his residence at St. Augustine, and has resided there ever since, until about two
years ago, when he went to New York. I always understood from him, that, previous to his coming to Florida, he had
been a resident of St. Thomas, in the West Indies ; I also knew this from the correspondence between the said Moses E.
Levy and persons in St. Thomas, which was in my possession. I always understood, and it was generally reported, that
said Moses E. Levy was born at Mogadore, in Africa. I am perfectly satisfied that he was not born in the United States. I
am also acquainted with David Levy, the son of Moses E. Levy, and the present Delegate from Florida. I first became
acquainted with him in the fall or winter of 1888 or in the year of 1829, at St. Augustine, where he first came to reside. I
understood he came directly from St. Thomas to St. Augustine; I understood this from the elder brother of said David
Levy. It was generally reported in St. Augustine, that the said David Levy was born at St. Thomas, in the West Indies. I
have also heard the father of the said David Levy say, repeatedly, that the said David was born in St. Thomas. I am well
satisfied that the said David Levy was not an inhabitant of Florida at the time of the transfer of Florida to the United
States. And this deponent further saith, that the term an " inhabitant" of Florida, as this deponent understands and
believes, was used in Florida in the Spanish sense, to describe citizens, and never applied to foreigners, aliens, or
transient persons; and that, as this deponent further believes, there is no evidence in existence, that he has ever seen
or heard of, that Moses E. Levy or David Levy, were Spanish subjects or inhabitants of Florida at the change of flags,
but that they were and remain aliens, as this deponent believes. •:.

D. S. GARDNER. District or Columbia, Washington county, to wit:
Acknowledged and sworn before me, the word "almost'' being first interlined in the eleventh line, first column, and, words
"was born in St. Thomas," being first erased from the fourteenth line of second column, on this eleventh day of August,
1841.
CLEMENT. T. COOTE, J. P.

I certify that the deponent, D. S. Gardner, came before me and made the foregoing deposition at 10 o'clock, A. M., this
11th day of August inst., and that he waited to be cross-examined by any one interested until eleven o'clock of this day,
and that no one appeared to cross-examine on the part of David Levy.
CLEMENT T. COOTE. ,.

Washington City, August 11, 1841.

No. 4. Naturalization papers of Moses E. Levy. Superior Court, East Florida, October Term, 1831.
Monday, October 17. 1831.
Moses E. Levy, a native of Morocco, but lately owing allegiance to his Danish Majesty Christian the Seventh, this day
applied to the court to be admitted to become a citizen of the United States. Whereupon, the said Moses E. Levy
exhibited to the court as evidence of his intention to become a citizen of the United States, and to renounce and abjure
all allegiance and fidelity to every foreign Prince, Potentate, State, or Sovereignty whatever, more than three years
previous to this date, and of his having constantly resided within the United States, and in the Territory of Florida from
the date thereof, the following certificate, to wit:

UNITED STATES OF AMERICA. To all to whom these presents shall come, greeting: The bearer thereof, Moses Elias
Levy, having satisfied me that he has complied with the provisions of ordinance number three, made on the eighteenth
day of July, one thousand eight hundred and twenty-one, by General Andrew Jackson, Governor of the Floridas,
respecting the naturalization of the inhabitants thereof, by producing to me the certificate of James G. Forbes, Mayor of
the city of St. Augustine, dated this day, as is therein specially stated, and is furthermore particularly set forth in M. E.
Levy's petition annexed thereto, and dated the third instant, that the above named applicant, if not within the letter, yet
within the spirit, has complied with the requisites of said ordinance number three. Now, therefore,in virtue of said
ordinance number three, I do grant this certificate of citizenship to the said Moses Elias Levy, to avail him according to
the laws of nations, and the constitution and laws of the United States.

Country, Denmark; age, 40; condition, single; profession, planter; stature, 5 feet 6 inches; hair, black; forehead, round;
weight, 180 pounds;eyes, dark; nose, straight; mouth, moderate : chin, round ; visage, oval; particular marks; signature,
M. E. Levy.

Given, at the city of St. Augustine, in the Province of East Florida, this fourth day of March, in the year of our Lord one
thousand eight hundred and twenty-two, and of the independence of the said States the forty-sixth.

W. G. D. WORTHINGTON,   Secretary, for East Florida. And it being satisfactorily made to appear to the court, that
during that time he has behaved as a man of good moral character, attached to the principles and constitution of the
United States, and well disposed to the good order and happiness of the same, he the said M. E. Levy declared, on his
solemn affirmation in open court, that he will support the constitution of the United States, and that he doth absolutely
and entirely renounce and abjure all allegiance and fidelity to every foreign Prince, Potentate, State or Sovereignty,
whatever, and particularly to his said Danish Majesty Christian the Seventh; and thereupon the said Moses E. Le^ is
admitted a citizen of the said United States.

Superior Court,

District of East Florida.

I, John Beard, jun., clerk of the said court, do hereby certify, that the foregoing two pages and eight lines, contain a true
and correct copy of the admission of Moses E. Levy as a citizen of the United States, of record in my office.

In witness whereof, I have hereto set my hand, and affixed the seal o: [l. S.] the said court, at the city of St. Augustine,
this 25th day of May, A. D. 1841.

JOHN BEARD, jun., Clerk.

No. 5. Naturalizations (inter alias Moses R. Levy) under General Jackson
ordinance. . ,
UNITED STATES OF AMERICA:

Department of State. To all to whom these presents shall come, greeting: I certify, that the papers hereunto annexed are
true copies of the correspondence of W. G. D. Worthington upon the subject of the naturalization of Moses Elias Levy,
taken from the files of this Department.

In testimony whereof, I, John Forsyth, Secretary of State of the United States, have hereunto subscribed my name, and
caused the seal of the Department of State to be affixed.

Done at the city of Washington, this thirtieth day of October, A. D. 1839, and of the Independence of the United States
of America the sixty-fourth.
JOHN FORSYTH.

Executive Department, East Florida,
St. Augustine, May 2lst, 1822.

Sir: Under General Jackson's ordinance No. 3, only forty persons have been naturalized by the Mayor, as you will see by
the particular return herewith enclosed, marked A.

The case of Moses Elias Levy is the only which is special, and not strictly within the letter of the ordinance, it is marked B.

I issued a public notice on the subject, marked C, determined that, although the cost to the person naturalized was only
one dollar to the Secretary, which was paid my private secretary, they should see my opinion before they incurred that
sum. I am of opinion that a treaty cannot naturalize aliens, a fortiori, no powers derived under it. But the only mode is
under the constitution prescribed by Congress. A treaty may be by the President and Senate alone; it requires a uniform
mode by the Congress.. However, I looked on it as my duty to carry the ordinance into effect ; and I think it was well
enough, as it furnishes at least evidence of intention, &c. I send one of my forms of naturalization, marked D.

As I wrote you heretofore, when the county court laid taxes, I suspended their collection, so also of the city council; and
E is an order from the same court, respecting the public road; F is my modification.

I took very strong grounds in apprehending, last winter, one Birch, a fugitive from justice in Georgia, and kept him till he
was delivered over to the order of Governor Clarke. The papers are voluminous, and therefore I shall not send them on.
It was thought to have been carried through with no little credit.

Nothing further occurs to me at present.
With distinguished consideration, &c.
W. G. D. WORTHINGTON, Secretary
And acting Governor of East Florida. The Hon. John Q. Adams,
Secretary of Slate, Washington.

Citizens Naturalized by Mayor Forbes
Francis I. Fatio, Patrick Lynch, George Levy, Lewis Solomon, John Colpoy, Francis Brandy, Levy M. Rodenburg, Andrew
de Rooden, Richard Murray, Edward Mooney, William Livingston, John H. Shortis, James Hall, Farquhar Bethune,
Charles Seton, Jean Augustine Penjers, James Martinelly, John Floyd, Peter Poirier, Isaac Hendricks, William Robertson,
Antelme Gay, Ezekiel Hudnall, Andrew Burgevin, John Marshal, Joseph Montoro, Martin Lopez, John Jones, James
Darley, James Ormond, Philip Weactman, Moses Elias Levy. Francis Philip Fatio, Yucur Cordona, Temple Pent, Andrew
Branning, F. R. Sanchez, J. M. Bowden, Lewis Gardner, and Henry Wellman.

Certificate of Citizenship
B. UNITED STATES OF AMERICA.
To all to whom these presents shall come, greeting;
The bearer hereof, Moses Elias Levy, having satisfied me that he has complied with the provisions of ordinance number
three,made on the eighteenth day of July, eighteen hundred and twenty-one, by General Andrew Jackson, Governor of
the Floridas, respecting the naturalization of the inhabitants thereof, by producing to me the certificate of James G.
Forbes, Mayor of the city of St. Augustine, dated this day: It is therein specially stated, and is further more particularly
set forth in M. E. Levy's petition, hereto annexed, and dated the third instant, that the above-named applicant, if not with
the letter, yet with the spirit, has complied with the requisites of said ordinance number three.

Description.
Country, Denmark; age,40; condition, single; profession, planter, astute. 5 feet 6; hair, black; forehead, round; weight,
180; eyes, dark; nose, straight; mouth,moderate ; chin, round ; visage, oval; complexion, brown; particular marks, mole
on the chin; signature, M. E. Levy.

Now, therefore, in virtue of said ordinance number three, I do grant this certificate of citizenship to said Moses Elias
Levy, to avail him according to the law of nations and constitution and laws of the United States.

Given, at the city of St. Augustine, in the Province of East Florida, thus fourth day of March, in the year of our Lord one
thousand eight hundred and twenty-two, and of the independence of said States the forty-sixth.

W. G. D. WORTHINGTON, Secretory Acting Governor of the Province of East Florida.
c.

NOTICE of General Jackson's Third Ordinance
All persons wishing to avail themselves of the benefit of General Jackson's third ordinance, by obtaining certificates of
citizenship as therein prescribed, are informed that such certificates may be had, on producing the requisite proofs, at
the public office of the Secretary and Acting Governor of this Province, at the old Government House, on Constitution
square.

Those who feel so disposed may, possibly, by complying with the ordinance before the 17th of July next, avoid doubts
which may arise respecting any of their rights, &c. It is thought not unnecessary to secure! That the following classes of
persons may perhaps more immediately derive advantages from procuring certificates:

1st. All native Spaniards who wish to become American citizens.

2d. All English or other foreign subjects or citizens who may have beet in the Floridas on or before the 17th July, 1821.

3d. All American citizens who resided here during the English or Spanish occupation and possession of the Province,
and denationalized themselves by becoming English or Spanish subjects.

The Secretary and Acting Governor gives no constitutional or legal opinion on the power or effect of this mode of
naturalization; though he hesitates not, that no person can hold any office of honor, profit, or trust, under the
Government of Florida, without first taking the oath to support the Constitution of the United States. He only orders me
to inform such inhabitants of Oriental Florida as may wish to avail themselves of the ordinance that proper blanks are
duly prepared and may be had by applying to me at his office.

By order W. G. D. Worthington, Secretary and acting Governor of East Florida.

WILLIAM REYNOLDS,
Private Secretary.
St. Augustine, November 24, 1821.

[No. 9.] Disposition of Moses Levy
Mayor's Office, St. Augustine, E. F.

I do hereby certify that Moses Elias Levy, by occupation a planter, aged 40 years, appeared before me, in my office
aforesaid, this day; and it appearing to me by satisfactory evidence that the said M. E. Levy was really an inhabitant of
the Province of East Florida on the 17th of July last, and he having, of his own free will and accord, abjured all foreign
allegiance, particularly to the King of Denmark, of whom he was a subject I administered to him the affirmation of
allegiance as prescribed by the laws of the United States.

Given under my hand this fourth day of March, A. D. one thousand eight hundred and twenty-two, and of the
independence of the United States the forty-sixth.

Note.—Mr. Levy declares himself to have been an inhabitant of the Province at the time stated,as appears by his
memorial hereunto annexed, and making part of this return.

J. G. FORBES, Mayor
Registered in book 1, of 2.
J. M. FORBES, Clerk.

Specially stating this certificate and the petition annexed to it, I issued my certificate No. 9.
W. G. D. WORTHINGTON.

To His Excellency W. G. D. Worthington, acting Governor of the Territory of East Florida,
The petition of Moses Elias Levy respectfully sheweth:

That at the time of the ratification of the late treaty between Spain and the United States, he was, and still is the owner of
landed property in said territory, and pursuing agricultural occupations. That although your petitioner may have arrived
at this place in July last, and that exactly on the 17th, yet your petitioner submits that he is embraced in the spirit and
meaning of the term " Inhabitant, &c," as used in the 3d ordinance of the 18th of July last, and entitled to the privilege of
a citizen of the United States, &c. therein mentioned, and designed to be conferred; for your petitioner alleges that he is
in the same condition with the great majority of the people of Florida, a very small portion of whom have been able to
maintain personal occupation of the Territory who were dispersed at the time of the transfer of said Province in various
places, as your petitions was himself at Charleston on a visit, and on the 17th day of July on his way to this place. That
for the last three years your petitioner has resided no where except in the Havana or Florida, and that in the just and
liberal construction of the above mentioned ordinance which it deserves to receive, your petitioner is entitled to the
privileges it embraces.

Your petitioner having in the month of June last abjured all allegiance to foreign Governments, and having again
repeated the same before the Honorable J. G. Forbes, mayor, as per certificate herewith produced, prays that your
Excellency would grant him a certificate according to the terms of the ordinance aforesaid.

And your petitioner will ever pray, &c.

M. E. LEVY.
St. Augustine, March 3, 1822.
Andrew Jackson
Military Governor of Florida
Joseph Hernandez
1st Territorial Delegate
David Levy Yulee
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