Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1822-02-26

''t ~ NS'y Ns'h, u uccn sttpulttet,
the whoic transaction of the surrender of the pio
ynces, aud the evacuation of al the Officers of His
Idthoi.c Majesty within il, should be completed
within six months from the exchange of the ratifca-
Mons o the treaty, which months had elapsed II
me time when these incidents occurred, II is also
true, thai the surrender had bccn completed that
me authority OF Spain within the province had more
man month before ceased, aud that ui the United
states had taken its place The iroos OF His Catholic
Majesty had hceu removed, aud il Colonel Caiava
anu other officers Of Spain, remained there after the
cons"niniaion of that event, they could no longer
clam The inmunes of public agency, or any other
privileges than those of strangers permitted to
reside IN the place Strangers not only an,enabe To
inc common judicial tribunal, but who conformably
10 me Spanish laws, existing before the ccsson Of
,he province, would have been liable removal from
II, 10 Imprisonment, at the discretion Of the Go.
vernon, Tor the mere act of being there.
It's asserted by Colonel CaIlava, that the post
ponement OF his departure from Pensacola had been
necessary, because il impossible Cor him To ter
inmate The business incident to the Surrender, on
that day ;-because he WAS sick ;-and because the
question, whether the artillery belonging TO the for
,ihcations was or was not included in the ccssion,
had been referred the decision of the two govern
men's To this the reply is Obvious that without
now referring TO the delays which protracted till the
| nh nj July the surrender which might have been
effected more Than two months before, there was
YET ample time, between that day and the Old of Au-
gust, Tor the discharge OF any business incidental TO
II. That the personal indspostion OF Col. Calava
neither disqualified him on the 9Th of July, from
the transaction oil business the ODD OF August
| h'm hciHI pVeseht Ut n ItStfge entertainment,
immediately afterwards from undertaking and per-
forming long and fatiguins journey from Pensaco
| Ia e. New York, and thence TO embark OH a VOYAGE
hy sea. Ana that with regard TO the question con-
corning the cannon, which reserved for the Gle.
cision OF the two governments il furnished no sufi
cient motive for the continuance of Colonel CaIlaya
| there; particular receipt Tor them having been
gwen by Governor Jackson, and the right OF Spain
10 remove them, whatever its merits might he, being
IN no manner alcciedby the departure OF the Span
isii commissioner.
In a., .l....
ot time stipulated in The treaty for the euder of
the provinces and by the oi the functions as
| signed to Col. Caava, his immuniiies Of exempon
iiom the ordinary process of the law had ceased be-
lore the I'D OF August. The allegation that Govern
or jackson had, nineteen days before that time re-
cognsed his commissaria character us yet existing
WIN not infect the principles here advanced: lst,
Uecause the limited six months had then expired
and, Idly because the only transaction of General
Jackson on that day, recongnzing Col. Caava as a
Commissioner, was by writing him a letter complain
ing oil IA sigiai breach of faith hy that officer in
eyadng, on the plea of indisposih1u the performance
o' stipulated promise, the morning OF the l7tl, of
July, before the surrender, afterwards refusing To
pei form NJ all which letter. after an expos,uaiion
against that proceeding, suited 10 the aggr AVIATION of
ITS character, finished by Il declaration 10 General
Jackson, and II closed the correspondence between
linn and Col Callava, on the subject, forever.
! Far would it be from the intention of the American
government to draw within lis rigorous limits the ex
empton from ordinary legal process OF "A foreign pub.
lie ohGer. IL would extend 10 them IL liberal meal
sure OF time and full portion of indulgence for the
execution OF the trust, and for departure after IFS
complexion. But it cannot perceive the Justice of ex
tending these privileges beyond their limits as sane
toned by custom, for purposes of injustice and
wrong And here we are led TO the inquiry, what
was the immediate occasion of the summons TO Col
Callath, his resistance against which prompted the
subsequent rigorous measures, in reference TO his
person, house, and papers, complained Of in the
OF Mr.. Salmon He had wthheid and caused to be
pack ed IN the boxes for Iansporiation public re-
Cords relating TO the property of the province u-
dicial documents, indispensable for indicating the III
lies TO succession of infant and orphan children
Application was made 10 General Jackson i'm behalf
OF the orphans, for the legal judicial Process to OBJ
tan" those papers. He had proof that they had been
removed, alter summons from hin, TO the person i'm
whose possession they had BEEN TO produce them 10
the house and possession OF Col. Calava, for the
avowed purpose OF subtracng them from the pro.
cess issued by his authority. Had that officers uer-
sonai immunity been complete and unuuestionable
what greater abuse OF IL could have been made than
thus 10 wrest from the of Justice the vouchers
on whch depended the rights and the subsistence of
orphans: General Jackson, considering that Col.
Cailava was not entitled TO such exemption from LEGAL
process, issued the ordinary summons which would
nave been applicable to any other individual and Oh
his refusal To answer the heterogeneous put to him.
committed him, others in like cases would have
been conimitted to prison. BY the same order he is.
sued commission for securing The papers, which
ought 10 have been delivered up before with all suit
able caution 10 prevent the taking of any others and
immediately after the satisfactory return Of hat COM
mission, ordered the release OF Col. CalIava. Such
appears nave Ueel The character the
upon The report oil II made by General Jackson and
although tile President but contemplate viii,
unieigned regret this occurrence, he thinks that
blame should be imputed to the party deserving it,
anu whose misconduct produced il, and it is Justice
due 10 General Jackson make him acquainted with
the objections III the note of Mr.. Salmon TO his con-
duct, and TO receive his fill explanation of the motives
and considerations which governed him.
In concluding this letter. cannot forbear remind
ing YOU sir that not only iris but all the other trans
actions OF painful nature, which have arisen in tle
execution OF thar treaty, which, il was hoped would
have terminated all the differences, and have led 10
tho most harmonious inercouIs between the United
States and SPAIN have proceeded from The uniustiG-
able delays and evasons of his Catholic Majestys Of
hcers, IN direct contrayentiOn is understood TO
his orders aud intentions, in withholding the docu
cuments, atcneSes, aud vouchers, of whom the de
livery had been expressly stipulated vouchers inds-
pensable 10 the United States, both Tor the dispeDsa-
hon oil justice, and for the establishment ofpui
nc right, but utterly useless Spain and the deten-
ton OF which, 10y the Captain General aud Governor
Of Cuba, and by the Spanish Governors of both |
East and West Florida, however intended, and by
whatever motive induced, can sUbserve 10 purposes
but these Of fraud Injustice and oppression After
succession Of delays for period of six weeks at |
The Havana, in climate noted for IT'S unlIeal,biness |
to Strangers oil the commissioner of the United States
authorized 10 receive those documents, aud of the |
vessel which had conveyed him, no was compelled |
To depart without them, have they yet been deli |
Nered 1he attempts TO carry away, both from PEN |
scold and from ST. Augustine many Of those papers
can be viewed ia other light than as Hagr;,r vio
atIons Of the treaty. The President relies that they
will be so considerably II. e.. VI. and that he has
ere this, given the most positive and effcctual orders
Tor the faithful execution, in this respect Of that in
strument
prayyou, sir, to accept the assurance of nv distn
guished consideration.
JOHN QUINCY ADAMS.
Dos Joaquin De ANDUAGA,
Earoy Ertraocdiaarg, &C.
No 6.
rRANSLArIoN.1
Don joaquin de drdHoga to tie Sec5e,irJof State.
SIR have received your note of the I'd of this
mouth, (Which have transmitted to my gOvernmeu)
~ answer TO letter Of the 9th ultino, which Don
lie L.. -