Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1821-10-12
hS.ezes and sl.aded by ihebowers Of tropi-
cai CLINE. IFyoriu;Gn.

TORS against any h0Sty decision In relation tn
| the conduct of General Jackson, To whom, he
says, "we owe so much" Without stopping
to ask on what side of the question Mr.. Walsh
now Is, and how long since this favorable re-
cognizance has takea place, il may be necessary
TO inform him, that editors who are in the ha-
| blt OF htnk,ng, aud whose opinions do not UNI
dergo daily change, will profit by this hint
lie says, that Judge Fromentin is h" satisfied
| That he had no powers to- issue a writ of Hal
beas Corpus" Indeed i? Then why was he
appointed Judge, or under what government
aud laws is the United States territory of Flo
rlda TO be now considered Under the ST.
preme authority ofthe " Captain General of Gu
ba :" IL is sJid by the Boston Patriot, that
Florida is under Spanish laws, as no laws for
that territory have yet been passed and that
the Governor has judicial as well as Executive
powers. We cannot persuade ourselves to
consider the question in this light it would
lead to conclusions hostile TO reason and com
mon sense, and the general safety. The mo-
ment the flag of the United States waves over
conquered or ceded Province, that Province
Is immediately under the protection and go
vcrnment of the United States, its constitution
aud laws. If any provisions are found in the
treaty relative to the laws of Florida, they
only relate to local ordinances the protection
OF persons, property, civil ard religious rights
they cannot refer to the powers of governor:
IT they did, Governor Jackson would be Grand
inqulsltor, Supreme Ecclesiastical head and
blending in his person the heterogeneous pow
ers of Spanish Captain General. No such
thing: GovernorJackson is the American En-
ecutve of that territory, appointed by the Pre-
sident of the United States and draws his pow
ers from our icrs and institutions. A Judge
is also appointed and il it was contemplated
to give the Governor Judicial powers, whywas
the appointment of Judicial officer made
| This is il dangerous construction. Under it.
| zen Jacksonmay revive Orestablish the Inuui-
| sl'lon hang orimprison without Judge or Jury
and IN short, do every act which a Spanish
Governor does, with IMMUNITY.
We have never doubted, that the docu-
ments concealed by Col. Callava, were of
right the property ofthe territory, and as such,
should have been taken g pcaccably or forci
| bly' 4; but there Gen. Jackson should have
stopped.
Florida is splendid acquisition to our coun-
try. Undcra mild and benign government.
ITS rich soil and healthy climate will attract
enigrants from every quarter but If arbitrary
acts are permitted if iniractions of law, OF
justice, and civilization are countenanced. who
VIII trust their persons and property there p
| Energy and promptness in the Government of
that Province, are Indispensable but they
must he always under the guidance of L1,g the
| ni'i"ShSc VI tool Judgment, anu SOBER uISCrC-
tinn. Acts ofvioence are ever incompatible
with the character of the country.
" Z. Nat .1dc.
We insert readily the following notes res
pectng the aflairofthe Spanis,, Commissioner
at Pensacola. They come from highly res
pectable source. AT the same time we would
observe, that we can neither express nor form
any positive opinion OH the subject, unit. the
Fact all nd 4 -. 4 -
proved by evidence, and the explanations are
received, which Gen. Jackson may be able
and disposed to give. We are informed that
the narrative which has been printed in the
name of Colonel Callaba, is not n regular doc
ument, nor exactly that which he proposed TO
lay before the public. NAT. Ga.
Case Of Col. CuIiubq
Col. Callaba is accused in the Louisiana
'farertfSer OF having stolen certain documents
and papers from the AlcaIde's Office This
charge is untounded. Itappears by the sum
mary proceedings ofthecourt, that he was only
charged with having withheld the papers re-
terred TO, (Which according TO their opinion,
ought to have been delivered with the pro-
vlnce) and of being connected with individuals
charged with being about To sccyete such pa
pers to carry them out of the country. In
deed, the papers mentioned could not have
been purloined or stolen from the alcade's, be-
cause tney never were delivered TO him, nor
10 any other person acting for the u. States,
by the Spanish commissioner, Callaba, as they
did not fall under the denomination of those
which, according TO the terms of the treaty.
ought to remain in the province. The fact is,
that they belong 10 the military drckices, and
consequently ought TO follow the troops Sent
TO the havana They were actually nut hy
Callaba under the care of the clerk Of said ar
chives, Domingo Sousa. TO have them packed
up, and sent there at the proper time, when
they were demanded of him (Sousa) by three
| unknown persons, who called themselves com
missioners from General Jackson. Sousa new
err intended to conceal the papers, forhe allow
ed the supposed commissioners to examine
them without reserve, and told them they
might ask any they chose, of Col. CaIlaba,
who was their owner.
BY the new Spanish Constitution the Go
vernon aud Captains General are entirely be-
reft OF all ordinary judicial powers. By the
Constitution of tie United States, is not the
judiciary independent also OF the Governors
power in the territory? Irso, General Jack
sons proceedings at Pensacola are unlawful,
both by the Spanish and the Federal Con
sttution.
However this may be, General Jackson had
no right to lay hands on the Spanish Commits
sioner, and take possession Of said papers by
main force which were sacred by the law Of
Nations. They were never demanded Of him
officially. Callaba was still ignorant of the
cause of his arrest, when taken before General
| Jackson.
General Jackson corresponded with Colo
mel Calaba, as Commissioner for the Spanish
Government, many days after the delivery of
the Province had taken place and he only
ceased TO recognise him as such, when he
thought proper TO send him TO jail.
! In fact Col. Callaba had not terminated his