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Domestic News October 12, 1821

Richmond Enquirer

Richmond, Richmond County, Virginia

What is this article about?

Washington commentary on Federal Gazette criticism of Gen. Jackson's arrest of Col. Callava in Pensacola post-surrender, debating his diplomatic status and powers; also addresses Judge Fromentin's habeas corpus dispute, affirming Jackson's extensive authority.

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Washington, Oct. 10.--It appears from the Federal Gazette, that there is at least one person who disapproves of the late transactions at Pensacola, relative to the arrest of Col. Callava. We shall not quarrel with him for that, being of the belief that every man has a clear right to his own opinion. But why should we be blamed, for venturing ours? We wish the affair had never taken place; but we cannot undertake to censure a proceeding which intelligent Americans on the spot concur in approving. The mistake of those who most find fault on this occasion, appears to be in considering Col. Callava as the Representative of the Spanish government; whereas the fact is, that, if he had any commission from his government to act as such after the surrender of Pensacola, it was not made known to general Jackson, or to our government. He stood in the same light as other private citizens, and enjoyed no immunity which all did not.

With regard to the case of Judge Fromentin, alluded to by the writer in the Gazette, we have not the materials upon which to form a decided opinion.

It is very certain that the powers of a Spanish Governor and Captain General, devolved on Gen. Jackson by the act of Congress, are very extensive, and incompatible with our notions of the necessary separation of the powers of government--all of which, it is said, a Spanish Governor unites in his own person; and, acting in a judicial capacity, we can conceive that Gen. Jackson had an authority which it was not for Judge Fromentin to resist. This, however, depends on the extent of the powers of the late Spanish Governor, with which we are not sufficiently acquainted to speak with any certainty. The writer in the Gazette says authoritatively, and apparently from direct information, that it is not true that Judge Fromentin acknowledged that he had not the right, or was not bound, to issue the habeas corpus. On this point we can only say, if Judge Fromentin has been unjustly or illegally dealt with by the Governor, he has the ability, and we doubt not the disposition too, to cause his rightful authority to be respected.
[Nat. Int.

What sub-type of article is it?

Politics Legal Or Court

What keywords are associated?

Pensacola Arrest Col Callava Gen Jackson Judge Fromentin Habeas Corpus Spanish Surrender

What entities or persons were involved?

Col. Callava Gen. Jackson Judge Fromentin

Where did it happen?

Pensacola

Domestic News Details

Primary Location

Pensacola

Event Date

Late Transactions

Key Persons

Col. Callava Gen. Jackson Judge Fromentin

Event Details

Discussion of disapproval in the Federal Gazette regarding the arrest of Col. Callava in Pensacola and the related case of Judge Fromentin, including debates on Callava's status as a Spanish representative, Gen. Jackson's powers as governor, and Fromentin's authority to issue habeas corpus.

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