Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1821-10-26

John Ha:iiaiii, who made demand of the
arcni'es and papers, which remained in his
possession, they being, as they stated commits
stoned by their Government and that they
were answered that in no wise could the aiore-
SAID delivery be- acceded To, because the ar
ciives rcmaining IN his charge were those con-
tanning the correspondence with his Govern
meni, which had been carried on by himself
ard the preceding Governors, relative To the
employs hiied by the respective functionaries
and persons that he had no documents which
had any relation directly or indirectly, with
property and Sovereignty of the nation and
III one word, that the said archives were a par
iicular property, which he was bound to deli
yer to his Captain General, and positively ex-
ciaued by the Treaty; that there were also
some oil his own papers amongst them there
lore he repeated, that in no wise could he de-
liver the said archives that the archives of the
Notary remained subject To the respective de-
cision OF both Governments, as had been sti-
pulated with the American Commissioner
Coi. Butler, rs appears by the correspondence
ana the agreement which both made, and most
positively expressed in the acknowledgements
Oh Inc delivery, Tor which reasons he ought TO
continue IN the same capacity he now holds,
until the conclusion of the aforesaid determi-
nation and that the aforesaid Colonel Forbes
Insisted upon the delivery of the archives, as
he had positive orders which he must inilexibly
lnih. The deponent again repeated, that he
would not IN any wise do SD vountariIy-and
! IL the American Government, contrary to
me rights OF nations, against The inviolabiiity
Oh MS house, and the particular property OF
his nation aud of himself, should take by force.
by which mode alone could they obtain them,
that he protested solemny against suc!, an
attempt, contrary to the laws of nations, the
protection ofindvidual security and property,
ana more especially in the present case, where
IN theaggressiOn was directed against the rights
OIL ms person, IN which he represented his Co
'erhmcnt, 10y virtue of his Office, as commits
soner for the cession, which was not vet even
concluded-and upon his pcrsisting in this re-
tlisal and ii rim determination, notwithstanding
all the arguments which were urged TO him,
the Sherlil went out, aud in very short time
CaPt. Bell with Mr.. Gay, came in and made
| s'nliiar representations, producing n paper
winch they SAID contained the order of Gen.
jackson, to proceed in that manner, on which
TINS deponent referred them TO what he hat,
already stated ; and repeated that he protested
against the attempts which had already appear
cd to have been begun: this protest was made
III the presence of the American Gen. John
Ccddt's, his son Mai. John Geddes, and Il re-
Siarnt OF this town Don Joseph Mariana Her
handcZ, who at this time were I'M his house,
and that after various alterations which were
fcciprocaiiy made between the parties, the cx-
ecution OF the order OF Gen. jackson being
insisted ON, by one party, and by this deponent
the injustice and violence which would be
committed by the performance thereof he
maintaining always that by force alone, should
the required archives be taken away they
men went to where the Office was and finding
the door locked with the KEY, they forced it
open, aud without any participation on his
part, proceeded To take away all the papers
and documents therein, carrying them out of
ms aforesaid house in boxes, which had been
placed In the said Office for the purpose
Oh having them carried 10 the Havana
when his commission should be completely
fulfilled. That after it had become dusk he
went down from the upper floor, where he
nad renamed, TO the Office, accompanied by
the aforesaid Gen. Gcd,les and his son. Don
Joseph Hernandez and other persons, and
iound the door forced at the lock, and the pa
pers carried away and this deponent further
alleges, that at the same time that this outrage
was committed III his house, he was informed
by Don Juan dc Entralgo that they had re-
moved from his in the same manner by Or
der OF the Government, the archives, his own
property, and amongst which were those of
particular individuals of East Florida, the same
beng denomnated the Notarys archives,
winch had been left subject rs is before stated
to the mutual decision of both governments ;
whereby the contract has been violated which
was made between Colonel Butler and this de-
ponent. And he further saith that, without
prejudice To the protest which the said Don
Juan de Entralgo has made, this dcpon,a
likewise declares, in discharge of his rcspon-
slblllty, that he reserves to himself the right
oil representing against each one and all the
persons who are and ought TO be responsible
for the violences committed by the seizure of
both archives, that they may be adudged con-
lOrmable To the Constitution of the United
States of America, and other laws protecting
private property and the rights of dwellings,
from being forcibly entered into, broken, or
any violence committed therein as upon the
persons iDhablting the same, they living under
the immediate protection of the American
government, either as persons who, in pub
nc character, enjoy privileges, or as private in
diyiduas.
Wherefore the said Don Joseph Coppinger
declared toprotest, and ] the said Notary afore-
said, at his special instance and request. have
protested, and by these presents do most So
lennly protest against all the consequences,
damages and prcjudices, which have or may
occur from the foregoing proceedings, and
against all persons concerned therein, and
against all losses that may be sustained for or
by reason or means of the aforesaid proceedings
or otherwise relating thereto. All which mat
ters aud things were declared, alleged and af
ilrmed, as before is set forth in the presence of
the said Notary; aud therefore have hereun-
to subscribed my name and affixed my nota-
rial seal, being requested to testify aud GER
tily the premises.
Thus done and protested at St. Augustine
aforesaid, the day and year above writ
ten.
H.. ST. (Signed) THOS. II. PENN,
Notary Ppbiis (or the Cify ef 81. fVgtLs-
tn and County If 81. Jott5.