The Massachusetts spy. [volume] (Worcester [Mass.]) 1821-1823, 1821-11-07


above Proclamation any more than of
the proceedings as to Col. Callava. Ii
is true, the treaty stiPnlates that the
Spanish troops. and officers shall be
" sithdra5pn :" but that stipulation mere
w relates TO the transfer of the terrific
~ from Spain to the United STATES /;
and, if binding with troops, which we
are rather inclined to believe is the case,
it could not extend TO oficers--in other
words, the treaty never could have con-
templated to Danish the officers of a
friendly power, Immediately upon the
surrender of the territory. The idea
is not consistent with civilization and
hospitality. A capitulatisn, Of a con-
!, queref province might embrace a; clause
requiring. troops to withdraw, and re-
tire to their native country; but the
transfer of a.terEitory, amicably coded,
could not include the Punishment OF the
former preprieters. The section lite
rally means, that the Spanish troops shall
withdraw" to give place TO the Amer
lean troops; and nothing more.
What, then, has been the conduct of
these officers I? They have published
defence of their former commander,
Col. Callava, and under government,
and in a. territory. where the freedom
of the press and of speech prevails
- and for this they are prescribed; or
Gered to quit the territory; and if found
in Florida after the third of October,
they are to be seized and brought be-
fore the American, "Captain C eneraI
of Cuba,e and 6 to be dealt with ac-
cording to lqp.'' We don't understand
this new system of government; aud
cannot conceive that there is danger in
permitting. these Spaniards to say what
they think, or what they please.
General Jackson. aludingto the pow
er, makes the following remarks -
6 lam clothed 'zgi,h posycrs that no one
under a repubhck ogght to possess, and
1chich, l trust, SoiH nerer agai, be given
TO any n'an-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. ret, as holdthesa row.
ers by the authority of an aotof Con-
gress and commissions from the Presi-
dent of the United States, it therefore
becomes my imperious duty to discharge
the sacred trust reposed in me accord
ing to my best abilities; even though
the proper exercise of the powers CIV
en- might involve me in heavy personal
responsibilities. 1t. has been my for
tune to be thus circurnstanced on other
occasions -inamy various relationships as
a pubiick servant, yet | never have and
never will shrink from the discharge of
my publick duties, from any apprehen-.
sion Of personal responsibility
The candonr of the above will. at
all events, be admitted; but if by mad
vertency. in haste, and without due re-
Election, Congress should vest certain
dangerous powers in an officer. is he
boundt exercise them 2. IT, "no one
under republick" should possess these
powers. how can Gen. Jackson, under
these impressions, be justified in exer-
cising themF Certain the Executive
and Judicial branches of the new Gov
eminent were provided and if they
both profess the usual, independent and
acknowledged duties, there could be no
collision in their discharge. But if one
mar is to be Governor, Judge, Leglsla-
tor and Jury, under our G onstitution, we
agree with Gen. Jackson, that such
powers ought never 10 be given to any
man..