Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1821-10-09
RICHMOND, OCTOBER ., 1921.
TRANSACTIONS 1T PE.N:S.4COI--I

ex-governor CaliaVa have not, as far as our
| observation has extended, been impeacl,ed bY
me Puoi.c. but as far as oar observation ex-
tends, 1t has been impeached by the public
sentiment. We have scarcely met with n
person who did not condemn it in " pretty
round terms."-Wc fnd too, that it has been
| impeaehed by some oi the public prints. Be-
SIDES the specimens we furnish to-day, the
last New York National Advocate takes the
following strong ground:
" formal denand should have been made for
these documents, and il refused, measures should
haze been adopted prevent their being sen, ont of
the territory. hut the person of the ex-governor should
have been held sacred. His public functions had
eeaseo buthis private rights ere in full force. Such
proceedings only known in despotc GOV ei nnen,s
H. however, the imprisonment OF Col Calava can be
Jusi,hed, what defence isio he made the suspension
oil the writ of Htbe,s Corpus An inlracton of The
very palladium of our liberties an net which Gene
raj jackson must be made 10 for by the Govern
men', or ms administration will be above all law and
ail restriction"
| In truth, take it in what light you please, we
regard the treatment of Cnilav. as unnecessa
rily harsh, aud high-handed. If his. public
functions had expired, yet was not some little
| courtesy due to him from the station which he
had so recently resigned? Was not some Com
sIderauon due to the country which he had
represented Let us then consider him only
as private person, yet why this unnecessary
rigor towards him Gen. Jackson's advocates
may cry 1t up as energy; yet why push it TO
such an extreme Why seize Calava at all {?
why not confnc the seizure. 10 his papers
alone Why not do at first, what was done at
last; seize the cases, break the seals, and Sc
lect such documents only as correspondcd with
the schedule Callava himself ultimately her
gcd them to pursue this course, rather than TO
touch his person. But if the Governors en-
erSy could not have been satisfied, without
laying hands upon the person of Callava, why
send HIM to common and ignomnous ial-
the receptacle of the vilest criminal or the
meanest runaway? Why not have put him
under a guard at his own houses or at the
Governors office, until the papers could have
been seized and secured? And if we NAV he
iieve this Spaniard upon his oath, why should
| ne nave been treated with that imprisoned vi
olencc, which he ascribes TO the Governor !?
is this too part of the Governors energy Is
1t becoming in the civil magistrate of a free
people TO play the Bashaw, even TO the mean
est criminal? to stoop from 90 the high estate'
OF his great office, and insult the man who is in
the power of the law?
| Il judge should be like Mount Atlas
eli-ccntered and unremoved." Firm in the
administration of justice, but calm in the
manner of 1t; he should soar above the COM
| mon passions of common minds. He should
never confound energy with rigor, nor dignity
with violence. He should exercise no rlor, All
thority, than the occasion requires and he
should exercise it in such manner, as to COM
mand even the respect of those, whom his
justice does not satisfy.-It grievcs us to say,
tnat even according tn the shelving Of. the
tioridlan," the Governor has treated Col. Cal
lava with very unnecessary harshness and ac-
cording to Us statement, with aviolence which
does not even. suit . the captain general and
lntendant of the island of Cuba, &C. &c" II
Is III truth measure, which is more suitable to
" dgspoiic governments" 1t neither accords
with the genius of our institutions, nor the cha
racter OF our people. 1t violates the regard
winch is due to the justice and reputation of
the u. Statcs."--ln the eyes of foreign nations
it IS little calculated to enhance that character
Tor moderation and courtesy, which should
grace our liberty and our spirit. In the heart
OF Spain, particularly, it may produce aliena-
ton and disgust.
On Gen. JacksOn's own account too, we
could have wished that this thing could have
been ordered otherwise" He is unques;ion-
ably Il man of great abilities. His glory is be-
You'd the cavil of criticism. or the breath of
enmity. lie wears the brightest wreath which
was won during the last war. His defence of
New Orleans will never be forgotten, 50 long
as gratitude can find an American heart. on
which to engrave her Inscriptions. But the
gallantry, and even chivalry of Jackson, is not
every thing. Is it not to he regretted, that
man, SO justly great, should thus tarnish his
we!l-earned fame 20
The case of Judge Fromentin is different
rom that OF Callaya. lie is a Judge of the
Y. She issued a writ of HaJeas Corpus
f Tor which act be was summoned before the
Judge to answer for contempt and INSIDE
meanor.-lt IS true, we find il stated in the n .
Orleans Advertiser, that the Judge has since
become satisfied that he had no right to issue
: me writ.-But we confess, we suspect those
sudden conversions which are wrought at the
point of the bayonet. Let us see the Judges
commission; and we may Judge for ourselves
but at the first blush of this subject, it might
be suspected, that as every u. S. Judge, whe-
Their IN state or territory, has had the power
III effect though not expressly under the law,t
10 issue HabeGs Corpus as it is a privilege
besides which must extend TO Florida along
with the constitution uf the u. States il would
go alosg with Mr.. Fromcntin in his character
OF Judge. fit be not so, there must be some
oversight IN his commission, which ought in
stdntiy to be corrected. In the case of Vidal
! and lhnerarty, just decided at Penyacola we
nave peep at this commission and it ap
pears that the Judge " is expressly required BY
instructions contained in it, TO consider him
self as governed by the laws Of the u. So
though II IS true that Governor Jackson, or his
assistant Mr.. Mitchell, has attempted to mar
row down this phraseology 10 only two laws
ofCongress touching TeUenue and savesl-yct,
still IT is extremely doubtful, whether as this
writ attaches to Florida by the constitution it.
: self, It did not go by custom and usage with
, Mr. FrOmentin into Florida.
+ Say, however, that il did moi say that Fro
mentin erred in the issing of it, does it, there
! fore, follow, that the Governor should attach