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NEWBERN, N. C: SATURDAY, OCTOBER 20, 1 881.
NUMBER
VOLUME IV.
t
f (CAR
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!
jjlSTEO A-VD PUBLISHED WEEKLY, BY
PASTEUR t WATSON,
3 per annum half in advance.
JHE AFFAIR J AT PEN5ACOLA.
WASHINGTON, OCTOBER 4.
The proceedings of Governor Jackson
i .j,(;nrt thi? ex-zovernor udiidv-i,
vjfe not so far as our observation has
Wnded, been impeached by the public ;
Vf, not acquainted with the extent of the
iiority with which the Governor of
J'jrida clothed, (he exercising the
derJ ol'a Sttiisb captai:i general, ui-
. ,rc9 tnko th iihiprt im. and px-
f vxJiij,1 - -- w j r
, J the laws of the Union to the lVrri-
Cx many individuals have been dispo-
i j'.,o; to acquiesce in the propriety of
Vr ajvernpr's conduct towards the F ed-Vifju-Je
who issued the writ of habeas
'riryus. ''in regard, however, to the su
Lcv, between those two officers, we
'vt dd to Ind it stated in the New Or
Jeaus advertiser, that upon a re-examina-Xi
m of the matter, as to the writ of habe
t,, rurpJ', Jude Fromentin became sat-.
rieJ tint he had no right to issue the
'..'it: and thus, we hope, the unpleasant
rjllision of authority terminated. Intel.
In this paper will be found General
Jackson's proceedings against the Span
Governor of West Florida, who is al
p commissioner on the part of his gov
Vn.nent for delivering possession of that
province. Had an American citizen
teen tus treated, it would have excited
universal indignation. Can the case be
lea aggravated, when a Spanish Gover
nor, holding still an official situation un
der hi government is the victim ? If
tie papers reailv belonged to the Ameri
can -roveniment,a peaceable demand was
eii which Jackson could be authorized to
mike leaving ultimate proceedings to
is government. But t follow up the de
rn nJ ith the imprisonment of a Spanish
Governor and' Commissioner, and then
to enier his house and break open his
private trunks, boxes, tec. is a stretch of
authority, not certainly uncommon in
Geueral Jackson, but as inconsistent with
Lie principles ot a Iree government, as
the absolute decrees ol the Turkish Sul
tan. 1 he account.. Irom the f ensacola
paper, affrids no ground for even a pal
lution of ihis act, and we, doubt whether
Lutcity, under the despotism of Spain,
ever witnessed its equal. Is it not to be
leaetted, that a man so justly great,
jaould thus tarnish his well-earned fame.
Frankfort t (Ky.) Argus.
Don Callava, the Ex-Governor of West
Plo. ida, has made a forma! exposition and
protest against his treatment by General
Jackson, of which a translation is given
Y Relfs Philadelphia Gazette. If the
Acts he alleges " on the responsibility of
his head before a tribunal' are coirectlv
given, little can be said in extenuation of
the conduct of General Jackson, which
een by the account published in the
Jloiitla paper, is liable to mirh concur
The station of Col. Callavaj the arnica
lie relations between ihe two countries,
the inadequacy of the offence to the
degrading punishment inflicted, leave
scarce a justification to an act of unne
wy violence, which under any cir-taais-.a.ices
would be derogatory to the
Curacter of the individuals concerned,
anJ ol the country which sanctioned it.
la.y estimating the military qualifica-
" WI wcicnaer oi Aew-Urleans, we
cannot concede that his apparently ruling
toaiim, 'Mhat the end justifies (he
cuuers mm equally competent
to me proper discharge of civil functions;
Kor while we are willing to believe that
0 conduct may be governed by views ot
PWic good, and even by a sense of ab.
strict justice, do we think that the imp
"Ji violence of his temper qualifies hin
ueci ie in nice points on what may L
most rr.n.ln.:A nni , J
..uuic w cuiicr. j ne lacts n
xa present case will doubtless be properb
'wijated, and it may be premature U
rrn any decided opinion on them at pi,
but we should think that no expU
i!n that can be given would exonorat?
eraj Jackson from blame.
Netc-York American.
TRANSACTIONS AT PENSACOLA.
From the Richmord Enquirer.
. ""eiiiffencer mate. tht .K- r..
J . tu i
to tS- governor Jacfcson in relation
ft, e c-&overnor Callava have not, iu
lefn; observation -has extended,
fiy pUic-But .i
er LT ?b'ervat5n extends, it hot
Cvf Ched by the Pubjic sentimenf
met witu
a person who j
did byc0ricleain it in 'pretty round terms.'
Ve fiid tooo, thai it has been irrfpeached
by sone of the public prints. Besides
. ihe s,ccimens we furnish to-day, the last
New-orlc National Advocate takes the
i follonS stron? ground :
i tormai demand shoula have oeen
raadf fT these docuuents, and if refuse .1,
measures have been adopted to prevent
their heing sent out of the territory, but
the; person of the ex-governor should
ii3vebecn hld sacred. His public func
tion; had ceased, but his private rights
wtft in full force, Such proceedings are
only known in despotic governments.
If Juwever. I the imprisonment of Col.
(jaJjavacan b justified, what defence is
to b? made at the suspension of the writ
of 'fltfcos Corpus. An infraction of the
ver o illa Juun f onr liberties ; an act
whch vienardl Jackson must be made to
ansvr for by the Government, or his
adointHtrdtion will be above all law and
all restriction."
In truth, take it in what light you
pleise, we regard the treatment of Calla
va as unnecessarily harsh, and high-handed
If his public functions had expired;
vet was not some little courtesy due to
him from the station which he had so re
cently resigned t Was not some consid
eration due to the country which he had
represented ? Let us then consider him
only as a private person, yet why this un-
necessary rigor towards him r (general
Jackson's advocares may cry it up as en
er y ; yet why push it td such an ti
trfine ? Why seize Callava at ail ?
Vhy qot confine the seizure to his pa
pers alone? Why not do at first, what
was done at last ; seize the cases, break
tie seals, and select such documents only
as corresponded with the schedule ? Cal
liva himself ultimately begged them to
jiursue this course, rather than to 'ouch
li'S person. But if the Governor's ener
gy could not have been satisfied, without
hying hands upon the person of Callava,
wr.y send send him to a common and ig
nominious jail the receptacle of the vi
Irst cmiinal'or meanest runaway ? Why
n :t hive put him under a guard at his
ii.vii l.ii sv. ' or ai inp iinvprnnrs nmr.p.
u nil t!ie papers could have been seized 1
i.id secured ? And if we may believe
:his' Spaniard upon his oath, why should
if nave oeen treaiea witn mat impassion
ed violence, which I.e ascribes to the
Governor ? Is this too a part of the Go-
vnor s enerev r is it oecomm? in uie
evil magistrate ot a iree people to play i
1 ... f.'l
(T
!3
:he Bashaw, even to the meanest crimi
r .! ? to stoop from " the high estate" of
bis great office, and insult the man who
is in the power of the law?
A judge should be-like Mount Atlas
self-centered and unrernoved." Firm
in the administration of justice, but calm
in the manner of it : he should soar above
tne common! passions of common minds.
He should never confound energy with
rigor, nor dignity with violence. He
should exercise no more authority, than
the occasion requires ; and he should
exercise it in such a manner, as to com
mand even the respect of those, whom
his justice does not satisfy. It grieves us
to sav, that even according to the shew
ing of " the Florida'' the Governor has
treated ioi. callava, with unnecessary
harshness; and according to C's state
ment, with a violence which does not e
venisuif " the Captain-general and inten
dant of the island of Cuba, &c. &C." It
is in truth a measure, which is more suit
able to li despotic govenments.,, It
neither accords with the genios of our in
stitutions, nor the character of our people.
It violates " the regard which is due to
reputation of the U. States." In the eyes of
foreign nafions, it is little calculated to
enhance the character for moderation and
courtesy, which should grace our liberty
and our spirit. In the heart of Spain,
particularly, it may produce alienation
and disgust.
On Gen. Jackson?s own account too,
we could have wished that this thing could
have been " ordered otherwise." He is
unquestionably a man of great abilities.
His glory is beyond the cavil of criticism,
or the breath of enmity. He wears the
brightest wreath which was worn during
n attempt has been made to shel
terithis case under the piecedent o the
Intendant at New-Orleans but in vain .'
as appears from the ' Louisiania Ad
vertiser;? of the 10th ult.
f It is no doubt through an error that
the Editor of the Pensacola Floridian, in
publishing the statement of the transac
tions relativeto Colonel Callava, which
we extracted from his number of theJ25th
of August; has stated that the late inten
dant of Louisiana (Mr . Morales) had
been imprisoned by Governor Claiborne,
for a wetrk because he would not giveap
certain jpers belonging to this country.
It is well known to every one here, that
suca a circumstance never took place."
the last war. His defence of New-Or
leans wil never be forgotten, so tongas person, why in the 3d place, rigorously
gratitude can find an American heart, oo doom him to an imprisonment in the com
which to engrave her inscriptions. Cut mon prison, the recepticle perhaps of
the gallantry, and even chivalry bf Jack- runaway negroes and felons ? Why not
son is not every thing- It is not " to put him under a guard in the Governor's
be regretted, that a man, so justly great, : office, or some public house, until the
should thus tarnish his well-earned faine papers had beeseized ? If this measure
The case of Judge Fromentin is differ- j had proved, too weak, then wlrjf not re-
ent from that of Callava. tie is a Judge
of the U. S. he issued a writ of uaoeas
Corpu for which act he was summon
ed before the Judge to answer for a Icon
tempt and misdemeanor. Is it true, we
find it stated in! the N. Orleans Adverti
ser, that the Juclge has since become sat
isfied that he had no right to issue the
writ. But we confess, we suspect those
sudden conversions which are wrought
at the point of the bayonet. Let us see
the Judge's commissron ; and we may
judge for ourselves. But at the first blush
of this subject, ;it might be suspected, thaj
as every U. S. j judge, whether in a state
or territory, has had the power in Xlect
though not expressly under the !aw,r
to issue a Habeas Corpus , as it is a priv
ilege besides which must extend to Flori
da along with the constitution of the U.
States, it iould go along with Mr. From
entin in his character of Judge. If it be
not so, thire must be some oversight in
his commission, whichjOught instantly to
beconected. In the case of Vidal and
Innerarity,just decided at Pensacola, we
have a peep at this commission; and it
appears that the Judge, "is expressly re
quired by instruction contained in it, to
consider himself as governed by the laws
ofthe'U. S."-r-though it is true that Go
vernor Jackson, or his assistant Mr.
Mitchell, has attempted to narrow down
this phraseology to only two laws of Con
gress (touching reyenue and slaves) yet,
still it is extremely doubtful, whether as
this writ ottaches to Florida by the con
stitution itself,: it did not go by custom
and usage with Mr. Fromentin into Flo
rida. .
Say, however, that it did not ; say that
Fromentin erred in the issuing of it, does
it, therefore,! follow, that the uovernor
Was
wwnv. iv. ...... j
h not enough !h return upon the writ tU t
il snuuiu nut uc sciycu ujuu mc (juy ii-i .
And thus to baffle the interference of the
Judge? Why proceed against him for a
contempt or a misdemeanor, as if he were
a subaltern niiuisteiial officer, or as if
Gen. Jackson were again a chiefton at
Mt w' ..r.. -b -
; j a ii : i a. i i iu.
aiscreiion ine juages or me uencu.
. If inded the commission of Fromen
tin be so constituted, as they would have
us believe it;! if the privilege of habeas
corpus be. inithe very teeth of the con
stitution, denied to the peole of Florida;
if it be " in the power of any the highest
magistrate, to imprison arhitralily whom
soever he, or; his officers may think pro
per ; there may soon be an end of all their
rights and immunities-" There is cer
tainly no other guarantee for them, than
the will of Gen. Jackson.- The same
power, which yesterday imprisoned a
Spaniard, may to-morrow seize an A
nierican citizen. The same power may
lay his hands upon press, which might
oppose his edicts : or the church, which
worships God according to the conscience
of its followers.
; Let no man tell us, that General Jack
son will not do these things ; that he has
a soul far beyond those attempts our re
ply is, we will not implicitly trust him nor
any othei public an. Jeiousy, not un
bounded coiifidopce, is the ver' soul of a
republic. We would put every man, as
far as possible, under the shelter of the
constitution. Ve will not pot any "prov
ince" under the arbritray power of a Pro
consul. Even Floridia, Spanish as she
has been, is, now a part of these free U.
States; and must not be put under the
ban of the empire If then this commis
sion be so defective, let the President look
to it. He now perceives the danger ;
and it is his'duty to avert the mischief
t The laws organising the different ter
ritorial governments secure to the inhab
itants of each territory the privilege of
Habeas Corpus. They also organize a
judicary for each. But they do not ex
pressly charge the judiciary with the pow
er of issuing the writ, &c.&c.
COLONEL CALLAVA.
We shall not stop to enquire, whether
the Governor had the authority to do as
he has done, of whether there were any
other legal process by which he might
have reached the papers in question.
Granting him the full authority to act,
we are however prompted to ask.
1st. Whether he might not have seized
the papers in the first instance as well as
the last, without touching Callava. ? !
2d. Why not have confined him;," in
his own house, as was done In the case
of the Intendant of New-Orleaw ?
But say it was expedient to seize his
i serve the common prison as the aermer
rpsnrf
Let us, Jpowever, pass his casej to come
to the other feature in this transaction. '
JUDGE FROMENTIN..
Itis i matter of regret, ihat The Flori
diem has not shed as much light Upon this
part of the matter, as it has so forcibly
done in the case of Callava. For all that
we know of it we are compelled to resort
to certain articles in the New-Orleans
Advertiser, National Intelligencer, and
Baltimore Federal Gazette. The last
purports to give the very words of the
writ which the Governor had issued a
gainst the Judge. The following queries
embrace the very hasty view! we have
taken of this matter.
Is not Florida , at this time
the United States ? Not a
a part
of
of
State,
course ; but a part of the territory of the
United States ?
Does not Congress derive its authority
to make laws for this territory from the
constitution ?
Must tney not take tins commission
ik ..ft i
with all the restrictions which are attend
ed to it that is to say, to rejipect the
freedom of the press and of religion, to
pass no bill of attainder, to leave untouch
ed the writ of habeus corpus, except in
the cases specified by the constitution ?
If Congress itself cannot, can the Pre
sidentor one of his officers, curtail any
of those rights to the inhabitants of Flo
rida ?
Can rhe officer, commissioned by the
President, exercise any authority, or cause
any Spanish laws to prevail, which are in
direct opposition to the C. U. S
Had not Judge Fromentin (a federal
Judge) power to issue a writ of Habeas
corpus and was he not bouud toido so on
application ? h
How then could the governor consider
it as a contempt of his authority as
4 misdemeanor,". &c. &c. ? ; j
If, pn the return of the wrjt, and on
hearing the case, Judge Fromentin should
have decided to let loose Callava, would
not that have been the proper time for
.
the Governor to have arraigned Fromen
tin for a contempt, if it fulls at all within
the Governor's jurisdiction ?
Can the Governor regulate religion
the press &c. &c. &c? If it besaid no;
because Congress in their own law de
dare that the powers iu Florida shall be
exercised so as to maintain the inhabi
tants "in free enjoyment of thir liberty,
property and religion" and that there
fore religion must be free why also it
may be asked, is not the privilege of the
habeas corpus equally essentialj to thez'6
erty of its inhabitants ? If a man may be
taken up at a time, when there is no inva
sion or rebellion, and kept in jail as long
as an executive officer pleasesj where is
the frejedom of the people ?
From BelVs W eekly Messenger. r
The Turks appear perfectly! frantic in
their rage against Christians of every
country and every denomination. They
seem hurried on by their national belief
on an absolute Predestination, to encoun-
ter every possible chance ot provoking
the governments of Europe to unite in
st:h a league that would destroy their
power, as the whirlwind sweeps away the
locusts. A nd if this spirit continue, there
will probably be a speedy end to the do
minion of the Ottoman in Europe.
In the consideration of this subject,
two questions seem chiefly to offer them
selves: -The first, whether th probable
events of this insurrection justify any rea
sonable apprehension of an interruption
of the general peace ; , and the second,
whether the Gieeks have a fair chance
' ' ' ! i
to success. ! I
With respect to the first of these ques
tions, it will be best answered by a fyiief
statement of the relative situation of the
three great Continental powers with the
Turkish empire. The powers are Rus
sia, Austria and Prussia. , Now, with re
gard to the two former of these powers,
the point of jealousy and contention is,
that each deems herself to hav a com
mon claimed each has certainly an e
qual ipterest, in the Greek provinces : of
Wallachia and Moldavia, and the acqui
sition jof these provinces would carry the
Austrian territory "immediately to the
banks of the Danube, thrcugh the greater
portion of its course Wallachia, and
t 7- r p v t- Vt V L - Z I
land, which jut from the banks of the
On ihe other hand, "the inhabitants of
these provinces being Greeks and proles
sing the same religion, and'in the same
mode with the Russians, the Kussiaa
Cabinet, have always deemed itself to
have the best right to their possession
when fortune shordd afford the opportuni
ty." Again, the Russian' outposts already r
touch upon this portion oTthe course , of . h
the Danube, and the acquisition is mora .
certainly prompt and at hand to the Rus
sians than to the Austrians; This is ono ;
point of jealously between Austria and '
Russia. Another is that Vienna itself is
situated upon the Danube, and the pos
session pf Redscbuck, and, of the other
fortified places still remaining to I bo '
Turks, by the Russians, would bring tho
Emperor of Russia' and his garrisons too .
much in contact with the capital of tha
Austrian dominions. It is one thing to-
have , the Turks as neighbors, and totally
another thing to have the Emperor Alex
ander a neighbour. About an hundred
years ago, the possession of this line of
the Danube, enabled the Tdrks to besiege '
Vienna itself ; and the city, and even the
European continent itself? were then sa
ved, and, with extreme difficulty, by th v
united skill and gallantry of the be&t gen
erals in Christendom, .ut is there, any. -power
on the Continent, who, in uch an
event, could save Austria from' Russia ? r
This is the question as regards Austria
and Russia ? ' t
As regards Prussia, her concern in the
question is two-fold, the first as respects
the general aggrandizement of Russia, al
ready too strong and too near as a neigh
bor Mhe secotjd as regards the danger of
her Polish provinces, from this augmenta
tion of the power of Russsia, in their Ira
mediate neighborhood. Undei present
circumstances, the force of Russia, though
infinitely exceeding that of Prussia in a
mount, is less compact, prompt and effec
tive its regular stations are very remote,
and are distributed thro' many distant &
unconnected posts. In any branch be
tween Russia and Prussia,, at present, th
most consolidated power ; in Europe,
could assemble, within a fortnight, an
array of 120,000 nienon any part of her
frontiers. She might not only assemble
them here, but, (which is of more impor
tance) without any difficuliy, might keep
them in station there, in her posts and
garrisons, for six or nine months. On
the other hand, it would take, Russia at i
least three months to march up a similar
army- and the Russian would then have
to encounter the still greater difficulty of .
maintaining them in the fieldfor any length
of time. But this difficulty would be
wholly removed by the acquisition of the
acquisition of the provinces of Wallachia
and Moldavia, and still more so bv the
possession of that portion of the Danube,
which still remains in the hands tof the
Turks. Russia therefore would gain so
much additonal strength, and Prussia so
much new and just cause of apprehension
from her powerful neighbor. Thi is the
relation between Russia and Prussia as
regards the present question.
As respects the probable success of tht
Greeks, the present aspect of the war is
much in their favor ; but it is extremely
difficult to'gire an v satisfactory answer to
this, part Of the question, from the incon
sistency of the accounts which reach tis,
and which vary according to the parties-'
from whom we receiv e them such of these
narratives as come from the Greeks, Rus
sians, or constitutional French press, are
nniformly in favor of the Greek cause.
On the other hand, such as pass through
Austria, Prussia, or through any paits of
Germany, under the control of these pow
ers, are as unifoimly -unfavorable, and
give such a color to the events and cir
cumstances of the jvar, as may discourage
the puolic spirit iju their favour. Two
events of great importance arf, however,
confirm! by the one, and iicknowed;4
by the other party. One of thev is, the
total destruction of the Turkish M et-
the second is, that the Greeks ai-in iks-sessio.-i
w the uhole of.Crinth , Tht
first of these events almost secures, in it
self, the entire liberation of the Grtek
Islands. The latter i equally promising
as to the successful conquest and reten
tion of the greater portion of the Greek
provinces on both sides of the sea of Ne-
gi opont, and Gulph of Lepanto.
London, Avovst 19
The following entry was made yester
day in the books at Lloyd's;
Bv a letter from Leghorn of the 14th
inst. we learn that the Turkish ship Cara
Soliman, belonging to the captain of the
port of Alexandria, on her, return from
Leghorn, had oeen WRen ou vpe ; ra-
Mrr,- and arrived at Idrfl, and converted
Into a fire ship. The Turks wete thrown
into the sea; the Greeks alleging tlat
their countrymen met me samr-iar?
rrtntantinoole. It is statfd. lta . four
Constantinop e. It is stat?a. tna' . ioki s (
?n,w""yw . n(,:n- fa th- pha Vf .