Constitutional Whig. [volume] (Richmond, Va.) 1824-1832, 1832-07-09

The receipt Of Callava not given on the day |
OIL tho formal surrender, but it was promised to DO
gwen as soon after it would be convenient to do
so; but that receipt when rendered, was different
from that which you expected, and after repeated
attempts, it found mpracticable TO obtain such
an ono as you required il was thcn you addressed
MN letter, couched in strong terms OF reproash
Tor his violation of his word of honour, and dcclar
ing that no communication would be received from
him, unless it contained tho receipt demanded.
Callava the Same day, sent package by one
OF his officers, who, on being asked whether it
contained the all important paper, could give no
assurance of the fact; the package was refused.
This was, OF course, considered high indigni,y
by Caliava; It was pointed insult, and if undo.
served, cruel injustice. The contents of that
package NIGH, have proved that he was in the
right and that in point of fact, nding
had taken place; but you had determined that il
impossible for error to be on your side; if it
WERE that as you had the power. ono should re,
sist your will You at once closed tho door to al!
investigation or enquiry. And yet. sir, a circum.
stance occurred at the very close of your of
fetal career in Florida, after all these quar-.
rels and disputes had passed away, which
should have caused rejecting md Just man
to have paused and to have looked back! Shortly
before leaving Pensacola, on looking over the felio
containing the correspondence in relation to your
Commission, you discovered that Call had made no
oren report to the affair of ST. Marks; you called
upon him to make it, and to say particularly, who.
ther the private proposition was communicated to
Calava in ,oritng according to his instructions
He accordingly reported that tho proposition was
made, but verbally, and that il had been accepted
in the same way! The question Of fact, then lay
between him, and Calava and Cuzui; and upon
this, depended the decision whether Callava was
faithless or ,cds treated by you ,oith cruel injus-
ticc You saw tho predicament in which tho re-
port of Call placed you at that late hour; you raj
sed your hands, and let them fall upon the book;
looked for generous expression of fear
greet, that you might have wronged Callava, and
a middleton upon the head Of your unfa,thful
h,,ts f,anv f,or, IL
the depraved, and corrupt Spaniards mingled with
g6nte sound of rebuko for the too confiding dis
position of your young friend, in spite of all your
warnings to beware! A moro LIBERAL ingenious, and
enlightened mind, in your place, think would
have come to different conclusion; and for my
own part, must say, that would not for hun
dred times the value of tho rusty honey -combod
artillery of tho Barrancas, and thousand times
the amount of tho extra transportation, that quarrels
OF SO contemplate a nature had ever occurred.
They can never be dwet upon with pleasure by
the historian, the euegist, or tho philosopher.
consider it necessary to add some further
explanations of the affair of Callava. The dispute
with Judge Fromentine, affair of your own,
with little assistance derived from a runaway pct
tlfogger, who had harbored in Pensacola for short
time, and who took another flight after you left
IT. You had him on tho bench your assessor,
having learned that the Captain General of Cuba,
is assisted by lawyer, in his judicial fsnctons.-
In your citation to Judge Fromentne, you appear
to have had very confused doa of the legal cause
tor the commitment of Callava and his servants in
stead of contempt of the order of the Court to
bring before it certain papers necessary for tho
ends of justice, you describe them committed
for criminal offence, having committed certain
individuals charged with combination to Sc
crete, or Of haping attempted to secrete, and
carry ont Of the territories coded to the United
States, the evidence Of individual right to proper
fy, aoithin the said territories Which has been
secured TO cdch ndiuidul, under the second article
Of the late Treaty ,oiM Spain" think it would
hny 70 coa6 inf ho
cution of such an offence 1t may be asked OH
what principle rule of legal proceeding, was
Callava discharged from prison AS soon as you
had had him lodged there, your reasons appeared to
be at an end, unless hint ofthc knout bowstring
had been suggested. l your situation, and
suggested what might have been done at frst-to
send commission to the house of Caiava, to o.
pen the boxes, take out the papers required, and
then sealing them up again. Thiscourse was pur.
sued Calava ordered to be released, g. conducted to
his house, felt deeply mortified and ashamed of
your dispute and correspondence with Judge Fro
merton. What for instance, could be moro unbe-
coming than such language as this2 "Wlilst you
do this, all your proceedings will he supported and
all my aid given, that may be necessary to carry
them into effect; but when you attempt transcend
them, and interfere with my LEGITIMATE powers
recolect the admonition L gave you when before
mo on the gath ult, and attend to IL, or you ,piH
be treated and punished as you deserve, &c" How
often have asked myself, could not, would not a
prudent and sensible man, without the slightest in
country have avoided these unpleasant occurren-
ces' Would not a little ingenuity have sufficed to
have passed through the road in which you were
required to march, without meeting with many
occurrences, distressing to your friends and re-
proachful TO your country? There is no American
who would not most sincerely wish that you had
shewn as much discretion in steering clear of such
transactions, as in conducting them to victorious
issue.
cannot leave this subject, without noticing as
proof OF the confidence you then reposed both in
my integrity and abilities, your requiring me to
write the two opinions delivered in the case of In
ncrarty, although they argued before you by
myself. You had determined of course to decide
In my favor; and as an honest man, 1 gave you
The best reasons in my power. TO justify the deci
sion; and which, have already declared, was in the
end an acquittal Of Mr.. Innerarty and against
me, by the submission Of his to the fair and no.
nest investigation of three upright and intelligent
men. believe it is not very common at present,
tor judges to request counsel to draw up the opini
ons In the cases they have argued; such believe is
not the practice of the Supreme Court of tho Uni
ted States whose legal judgments you seem to re-
spect so little, when they happen TO disagree with
your Preludces, or hasty conclusions, which leap
at once to the desired point, with courageous dis.
regard of all intermediate places.
Fl. NJ. BRECKENRIDGE
BUCKINGHAM CELEBRATION.
The citizens of Buckingham Court House and its
vicinity convened at Mr.. III. Lipscomb's Tavern
on the 4th July to celebrate the Anniversary of