Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1821-12-13
spirit are too apt to usurp to the annoyance


stands charged. Ii seems that he was not
deprived of his personal liberty, to facilitate
the acquisition of the papers, but fora con-
tempt shown tn the " supreme Judicial dutho-
rity Of the Floridds" And how is that con-
tempt made out? Callava, Spaniard, born
and educated under the most dcspicable of all
monarchies, conceives himself entitled 10 be
Recognized, in his late official character of COM
missioner makes this a matter of serious I'M
Poifance, and refuses 10 surrender the papers
unless demanded of him rs the officer of Spain
in which character they had either come to his
possession to be turned over TO the American
government, or to be carried TO Havana in
pursuance of his orders. This s' ilattering
nnction'' to his vanity, the pompous Castian
continued obstlnately TO claim. The governor
constructs 1t into a contempt of his authority.
and proceeds, forthwith, to punish him for his
presumption. The offending c.. is &" surround
ed by guard and forced into the presence of
the governor" The conflict which here en-
sues ofthrce hours length, between this shdd-
o,cof King, and the dignfed viccroy of an
American territory, deserves to be recolIccted
by all sticklers for the forms of ETIQUETTE,
aud the MAJESTY of JUDICIAL AUTHORITY
Which was the most vehement, the one, III
maintaining the forms and ceremonies held
so dear among the pageants and courtiers OF
hmSs, or The other, IN supporting the dignity,
and enforcing the authority r1ghifmiiy belong
jng to the intcndant general of Cuba, is not
exactly settled by the accounts we have ex-
amiped. Both are represented as standing up
for their rights, with pertinacity, il not "A
violence which cannot fail to recommend them
10 those who prefer form TO substance on the
one hand, and the arbitrary and unnecessary
exercise OF power, TO the mild dignity and
torbearance of republican law, ON The other
The physical power, however, was against the
Spanish Knight a1d he was coerced into GER
tain terms of submission.
We are now insormedby the Floridian, that
Caava was committed To the military guard
and not to the common jail, and that special
instructions were given for his comfort and ac-
commodation, allowing him to he attended by
ms own servants, aud 10 enjoy the society OF
his friends. These are facts of which we
were not appraised when we wrote the article
of the end Oct We are happy TO hear them
But they do not prove the authority or propri-
dy of the commitment, although in n certain
degree, they mitigate the rigour of the i'm
.prsonment.
There Is one pontof view, in which we con-
iess this case strikes us with some little force
We do not speak of Spain. Wethrow Europe
out of view Z; and tho effect which such Il
scene acted upon republican theatre, is likely
TO have upon her subject sons. We may for
a moment too draw curtain over the feelings.
witch 1t will produce among some of our own
citizens. But LET us see its hearing upon the
people of the proconsulship.
Surely the Imprisonment OF Callava upon
the alleged ground of contempt, was giving
TO the inhabitants of "A new province Just en-
terlng into the eDjoyments of republican liber-
ty, bad specimen of what they had to expect
from the future. Instead of the mild and con-
clatory measures ola government, which like
the air that surrounds us has been said scarce
~ to be felt by the people, they witness a
continuation of that despotic authority to
Which they had been SD long doomed to sub
INIT. Upon this ground, then, the arrest of G..
N not Illegal, was at least impoltic.
Gen. y. seems to assign as a Justification for
his eXcrting such powers, that he really pos
sessed then-w,lc in the same breath he
coniesses that they are too great TO be- trusted
4 To any one man. And this is the reason why
he rides upon the top Of his commission We
should rather imagine that he would have
doae every thing in his power TO temper the
abomliabic fervor of his beams.
These views are equally applicable to the
case ofJudge Fromentin. The FIoridian saws
Pending Col. Callava's confinement under the
commitment OF Gov. Jackson, Judge Fromentin a.
warded a habeas corpus which 10 investigate tho
lroprieiy al such commitment. This was referred
10 the Governor by tue Officer of the Guard, and the
3iccr was directed TO pay no respect 10 the mandate
toTtb"lth Judge Fromeniin WAS required to siew
why he had issued the writ The Judge was ndis.
posed, and the Governor awaited his leisure The
CIVIL process however WIS Withdrawn, AMI no further
proceedings had thereon. IL is said that Judge Fro.
meniin some days after, vailed on the Governor
and explained, that he had misunderstood his powers
and was then satisfied he had no authority 10 issue
The writ This seems to he denied by his friends in
baltimore, where, by the way they 10 be very
hInuiey informed from the precision of their quota
uons But the friends of the Judge, forget Them
selves IN such assertion I; for surely they will no
charge him with pUslllanimIty even hesitation i,
me discharge Of his duty. And IL lie had not beer
July and fairly satisfied, that he had no right to inter
iere, IS II presumablc hc would have Submitted
ne had not satisfied himself 10y further in. cstigaIion
,llai he had assumed authority not delegated b,
ms CORNERSTONE - IL reasonable to believe that n,
would have been deferred from the discharge of hi
Gues IN the exercise Of bis judicial functions The
LEI 5uuge friends must TO him njusiicee never couIt
nave Submitted quiely to this high handed and art
uuy measure Tie yielded, but only conviction
Of his own error.
AT the time of issuing the writ of halcas corpus
IN The case of Col Caliava. Judge Fromentin4 cou
was not organised. Nor is il now that we know of
and we have heard Of no judicial act of his, save tli
one abortive effort. There was no officer 10 serv,
INC writ, and the writ itself without foundation
Tor the Judge admitted that il was issued on the YER
1N application OF two or three persons whose name!
ne could not recocct. IL is we'll known that TO OF,
tam THIS wit, any where in the u. Slacs ii is neces
haIy ior the parties applying make awriiien aft
1ayit setting forth the case, and shelving why TN,
shortly.
We make the foregoing copious extract II
justice to the parties concerned and from tn,
desire of putting in the hands of the reader tn,
justification for Gen. Jackson
But Tor the prOmptitude with which the
Judge retraced his steps, and the humiliatin,
explanation which he is here said to- have of
/ Tered of his conduct, we should not have beer
surprised if Gen. Jackson had ordered hin
also to be brought by force into his presence
10 the rb 81