Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1822-02-23

;e,, most certainly ,rao because e had aot onl, ne
yer exhibited 10 me any credentials testimonials
creating such powers in him, but the contrary, |
when proposed To him n reciprocal exhibition OF |
Our respective authorizes, he waved the ceremony
In II letter to- me of the 18th OF June, to which I
refer you, he remarks, repeat the assurances
have made YOU in Other communications, Of ny bein
furnished toith orders, under the treaty, er
oed,e .hs province ana gre possession ~ ITO the
commissioners or officers Of the United STATES lawful
" autho zed 10 receive it," 90 Your exccilency-ex-
presses also "a wish that would concur IN fixing a
day rs early MS possible, and to suit the mutual con-
tenience o both parties, Tor isterv lew and exh-
bton OF our credentials. In reply, have the honor
L. acquair. your excellency that in yo- guri,, of
eommiss,one, you may, when II suits your pleasure,
and IN the manner YOU may deem most cxpcdicr,
exhibit your credentials to me Us the erisi
don't Of heprorince. And have already told your
eNcelicncy that authorized 10 enter INTO mr..
engagements Tor MS being evacuated ny his Catholic
NJestys uoops and delivered TO your excellency n.
greeaby to the stpulaons by respective govern
ments" o -
rom the foregoing extract, you will he convinced,
never could have considered Colonel Calaya ms
possessing an. powers in regard to the treaty bu,
such rs he derived from the Captain General of the
island o' Cuba, and by virtue Of his office of Govern
or of West Florida. Nor can you fail IN draw ,,c
conclusion, that Colonel Callayn did nor CONSIDER
hnH'c! competent 10 the exercise OF any other pow
sfs, ci'iSs OF privileges under iie treaiy than those
enumerated III ms letter TO me, 10 wit: The
ton 1.-THE province, and the surrender il 10 the Anne
fcan authorities and these he did not claim 10
exercise as commissioner, but says, YOU may exhi-
D" your credentials to me, as ne erisiips Common
muh ~ th's Pro,iaec, in which capacity +" am a,,-
thorze. 10 enter INTO arrangements Tor us helm. eva
Grated by His Catholic Malcstys tloops and siren
sres agreeabiy II the siipulatlons of the treaty
nau oeen reported to me by Colonel Forbes, The A
mercan Agent charged with the delivery of the Row
III order TO the Captain General Of Cuba that lie
had arrived at Pensacola on the 9Th of June accom-
panied 10y Don Alya, the Spanish Commissioner for
ceiivering the provinces OF East and West Flor,d,
10 tie American authorities appointed 10 recc;ye
mem lhis information communicated 10 Colonel
Saiava and ior the considerations growing out Of
III proposed TO ham, as have before stated 10 Won
n'cFroca cNh'hltion and OF Our resI,ec
.e e.ennals. Ills he declined, rs YOU have seen
then piain iorestw that he wished 10 draw me MO
aety 90 me tune for the delivery of the country
| ''' 4" hau refused 10 recognize him ~ the au.u,.
authorized lay the Captain General OF Cuba 10 make
me t"nsier, must either have suln,ted 10 =, ;pdous
embarrassing and iwui ous procrasiin,ton ofthe SUI
render OF the provinces iic Uned States or h,yo
pecn driven To the necessity OF talk iuu IL he f,rco
h' us 'hcrc was no express stipulation for !, formal
uehVery, deemedt neuer to receive The terrific
| res oil him as he agent Of Spn acting under or.
ueiS winch he plJesSed to hive received t,np 10
summit eiher TO The delay which mus Otherwise have
.''9. "a 10 'esortto force TO obtain t,at Tor m, go
wGn ohan was bound by all good ,iii
Sm,cahh and houdeIay HAVING view ed Cnlonoi
oI'''", 'heh merely rs an agent, invested with no
o..i' powers man surrender oi the Province aud
Wi''ui avail OF the Spanish forces REGARDED him in
'le consumnaton of these duties ms entcd IN Iii
| 'he privileges and mmunities guaranteed TO such
| ~, ae ny me laws oil nations ; but sir, the moment
me surrender was male, and the soil and soyereirn,
VI the territories became vested in the United Sntes
my d"'ies rs commissioner ceased, and NV fnnc,;ons
IL; , te'noi commenced he too, having accom-
an mat mad been assigned HIM TO DO was
pound, 10y the express stipu!aons of ,he trea,,, -,
n:'\e Withdrawn himself from Inc ced.,I rroyi,,oo
e6ee,hS 80 TO do, no other privileges could apper-
' 10 pni IMAM suci AZ attach 10 every individual
INC iith OF treaties, SAYS VaIcl is holy and sacred
between nations whose safety and reoot,. !, ecr,,
ana he who violates it, at the same time violates bc
Jaws OF nations. And ifihe people are true 10 them
lateS his faith ~ .'' VIZ
| py Inc second article OF the treaty, which have
os'uIe quoted all archives and documents relating
"e PROPERTY ana sovereignty OF the country cedesl
was 10 nave been delivered with the Territories i
would ask, then, were not The papers which ,veYa
secreteu and attempted 10 lie carried away land
whlcn were The cause Of his imprisonmentl 5oi The
description contemplated, and express ,,roy;ds i,,
'hc treaty 10 have been delivered Did ,hev NO,
aPpera,n to the private properly of the coded cam
Wy were they not in themselves private property
y So WIS MOI thc attempt 10 carry them away not
ony Migrant violation OF the treaty but n larceny
upon the individuals, whose prcperry ibey ,,1
rom whom he was clandcs,nely taking and carry
,ns mem on And, SIR, as proof that tie PAPERS
were oil The description contemplated bv The ,rcatv a.
De ieit Inihe province, and that Colonel Cal,v, in
tcnuedio carry them out of the country. nerm, ma
mere 10 make an extract from the deposition of Me,
ceu idal Palas, (Iaken before Henry a. r.,
enrdge, Esq. AlesIde of the city OF Pensacol, si
testified $ that her father, Nicholas Mari, viii
ieit her by his will one OF his heirs aud Ina, he J;
a"ou. ,'ie year ioUo possessed OF large real aud
personal estate that The will ul her f,IIer win ,
Inventories OF his real and personal estate had heen
iot several years missing from the public archives ~
rtmaacoia, having been by some persons unknown
Wl'iuTawn rom The same that repeated aDplcn,ions
were made by her 10 the authorities tI,en ay;,;
there to compel the restoration of The said nancrS
ana docHmenIs, as they we're and still are
:" J""D ., nS' 70 prosecute her said claim under t.
sad VIII that the sand r.. 80
uhder decree. The dcponcmt further states il,o,
iew days before The change Of government sbn
demanded them of Colonel Caia,a, who informed
her Hdt lie could not gre them mn, ,s u, r,s 49,;
to 6aEe them 10 The Uara1a" Tic dcponcu, C,r.
states that sad papers relate property il, Inns com,
Try and IN louisiana NO'' |
inas'nnch as treaties coHifin promises tla are tcr
reciprocal u oc OF the contracting parties fsl
Nv nS engagements, The oilier niy cunstr,ii him, n
nan! them Hls is clear princinle Of r,,;,,raI !
'aw, me right to impiison tie Slani.h ic en Womb
not be IN Tie least aeciedby the ierniin at IN or
hnuaiion cf his imnuniiies us npenr nnr ,,;iI - I
right ofihe United States 70 camncl spain IN f;,i
iul execuiion of the treaty lie tiisuuicd If ,Lc,
Spain was liable 81 20 he cocrccd Ito,y n,,,c, ,,
Is ne SUBJECT 70 spch comnsion who is merely her
agent an agehi, too, ~ Whom we are hounI fo a
he'c she reposed the most implicit confidence onc
To whom she had entrusted, and from whom he c
pccted, = iniihlu au'l honorable discharge of tlc
States. nc ''''''"
have thus, sir, gone through the prinri,,i cons;
uerauons which governed me in tc irfr,s.,nuenf nc
Colonel Callaya, aud have added few oc The r1ots
that made this course Indispensable lrom all orj
winch you VIII perceive thar, ia al nv intercourse
wan nm, have viewed him I,no other nor copGJ
view hin IN any other light ihln int Of mill |
try agent OF SPAN, aPpoiniedbs The captain cenc-
ral CT CuOa To deliver over the Province anl Mn /
things anper'alnlng thereto, specified Ly the treaty
10 D" ue"Vcrel when lniy being coai ,lcta, hs i'm
munltlcs OF exemption from the ordinary ,rocess III
law Immediately ceased Admitting tl,lt he had TO- /
ee'ved any diplomatic powers rom his government.
bis ohsLnnie refusal 90 ehLlh.l 1,eu, 1....iu.G.I ~