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

To the commitment of the late governor of this
province. The statement we had obtained from
the most respectable source-;nd felt secure
in vOuchinS for It's correctness, of which we
have been more and more satisfied every day
since, from the appreciation of all here, who
knew any thing of the circumstances. On in
Producing the statement in question, we ven
tured some r, marks, shelving precedcnts-on
of which was " that a difficulty of Il similar
Kind occurred IN Louisiana on its being taken
possession of by the United States, when the
former Intcndant was imprisoned for week.
by Governor Claiborne, for not surrenderng
papers, under similar circumstances" This is
contradcted by the New Orleans papers, de-
ciaring no such thing ever took place. We
submit To the weight of respectable testimo-
ny against us, yet feel ourselves justified i'm
the fact, that our information was derived from
citizen of n. Orleans, and one amongst the
destAmerican residents. Our error ensued
on that of our miormer, and his we are salts
fled was yenal as growing out of wrong i'm
prcssions. We say this in apology for our
misstatement, not that we consider it otherwise
at all important-as we are not among those
who rely on precedents. Reasonable decis-
ons of respectable tribunals, are worthy atten-
/ ton always, and any deberativc body would
be highly reprehensibe in refusing to hear such
reported cases might have bearing on any
|
going far enough-Let the Judge act for him
sclt-let him be governed by has SENSE of right
under the law as he understands it, regardless
OF the feelings or Opinions of any other. When
he looks to reported cases for precedent, he
asks for aid-and of course he takes what he
has occasion for, more or less. Precedent
may serve To relieve from the trouble of n-
vcstigation-Or against the odium of an un-
popular dccision-yet precedent is not ncces-
Z :,rII ti,r
spcctabic.-lt is appealedto by the modest and
diiiident, but its most common use is with the
lndolent and ignorant. In the case in question,
las In all Others) the decision was either right
or wrong-and il founded ON reason and law
1t was fully and sufficiently sound-regartlless
of precedent. [Eyoidian.
| We publish to-day col C1NdUG's appeal
though strictly it may not be dueto him at our
hands, after his contempt of our proilrred CO.
lumns We suppose he did not consider this
a free Press, and that it was under the CON
troll of the gOvcrnment-but in this he was
greatly deceivcd-torweu are fully assured, that
our governor has no wish 10 extend his pow
ers against the liberty of the press--and tina!
he Will always confne the exercise Of his high
authority To the preservation of individual
rights and public tranquillity.-It is due to col
Z. to state that we learn from his; friends hero
his appeal as published, is materially variant,
rom Tie one Wfittcn-nor Is this very extra
ordinary under the circumstances. The OIL
ginal having been written in Spanish, transla-
ted lnto French, and from thar rendered in
through these different TRANSACTIONS il
is scarcely possible that the proper meaning of
the original in every particular can have been
| preserved III the Statements published. 10.
FOR THE FLORIDIAN.
have seen publication in The New Orleans
papers, signed CALLAyA, puportng TO be
statement of facts III relation to the occur
| FENCES here, ON the 22nd Of August, (which
ne attes's to he true in every respect, under
the oath which he takes upon his honor as
solemnly as the law requires, conserving To
answer with his head, for the truth of said
statement" This publication / feel myself,
from sense of truth and justice, constrained
TO pronounce tissue of fasehoods and distor-
ton oil facts from the commencement to the
end. But, for the paipahlc untruth of that
part of Col. Cailavas statement which relates
/" my personal agency i'll the affair, should
NOT nave appeared before the public, and now
do SO with extreme reluctance The follow
ing Is the commission under which Col But
Ter" and myself acted, on that occasion and
our official report thereon.
| , " IL beng made known 10 me by the confession of
Domin9o Sousl, that the papers name. ia the petition
OF Henry NJ breckenridge, Aicalde for the city of
| Pensacola, and which were demanded under NV or
ders rs the property of private individuals, by Col
George Walton, Secretary for West Florida, Col j
MILLER, Clerk of the County Court of Escambia, and
| Henry Nj. breckenridge, Alca,de for the Civ of
Pensacola wcrc after said demand in pursuance 81,
my orders as aforesaid made, by the said Domin-
go oous', ana negro man carried this day the
house of the late Governor Don Jose Callava and
delivered (the said documents and papcr.) into the
possession OF his steward named Fuarat.
J." Colonel Robert Butler Of the army of the United
Staes aud Doctor J. G. Bronauah, accompanied iy
Henry NJ Breckenridge, ESQ AicaIlc for The Civ of
fensacola, will wait upon Col Don Jose Callaya and
ms steward named Fuarai, and demand from then,
the following papers this day del ycrrd 10 ihc said
nIalat, at the house OF the said Col Cdava by the
SAID Domingo Sousa-that is 10 say Fist the do
cumens and papers relating To the estate of Nicolas
Niarla ',dnl.-SeCond, the documents in the pro-
ceculnSs between Carlos dc Vile and Eugene Sierra
Third, the documents aud papers in The. case of
Manuel Bombay and Carlos de Villc.-Fourh docu-
mehtS and papers on the proceedings in the case Of
Peter Ciukes against Thomas Vasca, all which
documents and papers are acknowledged To he the
property OF individuals, and appertaining TO ihci.
rights, and which are secured 10 them by and under
the "a article OF the treaty with Spain concluded III
the city OF Washington on the 22d ety of Februa,y
1872 and ratified on the corresponding day of 1921
aud must remain for the protection of the rights and
property OF the said Individuals and no officer oil
SPAN can rghtinNy take them away, or keep them
from the Office of the duly appointed Alcade oi the
city OF Pensacola. IT is further ordered that if the
sad late Governor Don Jose Calaya or Es steward
uIIarat when the above described papers are de-
manded OF ben should fnil refuse 10 deliver the
same, that The said Don Jose Callya and his ste W
ara uiarat he forthwith brought before my Of
nee, uen and there to answer such nerrogalorirs us
may be put 10 them, of, and ming the premises
ana TO abide 10y and perform such order and decree
touching the said documents and papers, secured TO
them as aforesaid, the justice OF tho case may de-
mand.
Eiven under my hand Ut Pensacola this 22d DAY Of
August, 1921.
(SgneG ANDREW JACKSON
Gmsrror Of tie Foridls, &c &c |
10 Colonel Robert Butler Of the army and Doctor
y - hronaugh IN company with Henry NJ. BracLcn-
rIdgc, 10 execute and return and rcnorf fherenn