.1 'It I 1 UNA HI NEWBERN, N. C: SATURDAY, OCTOBER 20, 1 881. NUMBER VOLUME IV. t f (CAR WE ! 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 .

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