8,078
edits
Changes
→Callava appears before Jackson
===Callava appears before Jackson===
====Brackenridge's account====
Mr. Brackenridge prepared an account of the events that transpired as Callava was brought to appear before Jackson:
{{cquote|On entering the Governor's office, Colonel Callava was invited to take a seat, which he did at the table fronting the Governor, while I was seated at one end of it, in the capacity of interpreter. The Governor then requested me to say to Colonel Callava that he was brought before him to answer interrogatories touching certain papers which had been delivered at his house by Domingo Sousa in boxes, according to the confession of Sousa, and a list of the papers was read. This was fully and faithfully interpreted to him in the presence of Mr. Rutledge, of Mr. Cruzat, the secretary of Colonel Callava, both of whom understood the Spanish and English languages well. Colonel Callava on this rose, and, looking at his watch, said that it was then ten o'clock; that, at that hour, he had been violently taken from his house; that he protested against the proceeding; that he was commissioner of Spain, and was not answerable as a private individual.
When this was interpreted, the Governor declared that he would hear no protest against his authority while sitting in his judicial capacity; that he could not know him as commissioner, and then ordered me to propound the question (whether he had the papers) which he had just written.
Colonel Callava repeated in substance what he had said before, but with more prolixity and warmth. After some time passed in this way, he said he would yield to compulsion, but would answer only in his own language and in his own way. When this was granted, he began to write, and after writing a few lines complained that his eyes were weak, and requested that his secretary might write, which was granted. He then dictated to Mr. Cruzat something in the shape of a protest, as a preliminary, as I understood, to his answering the question. After writing five or six lines, it was observed by H. Bigelow, Esq., who happened to be standing near the Governor, that he was dictating a protest. The Governor, on this, with considerable warmth, striking on the table and addressing himself to me, said: "Why do you not tell him, sir, that I will not permit him to protest?"
Which was intended as a reprimand to me for suffering Colonel Callava to proceed in this way, when he was repeatedly told that such a course would not be allowed. Colonel Callava then stopped, and his secretary left off writing in the middle of a word. I was now called upon to put the interrogatory, and to say that none but a direct answer would be received. I called upon Mr. Cruzat to assist in interpreting, feeling great anxiety that there should be no misunderstanding, but he declined. The question was then repeated in the manner I have certified in the proceedings. (Had he, or had he not, the papers at his house?) It was fully and clearly explained to him. Much was said by way of enforcing the question on the one side, and of the objections on the other to answering, all of which I did not consider myself called on to explain; and, in fact, it was not possible: there was considerable warmth on both sides, and there was frequently not sufficient interval between what was said to enable me to convey more than the substance of what was thus spoken by way of arguments, while much of it consisted of repetitions. When, at last, Colonel Callava found that he would not be permitted to answer in the manner he thought proper, he declined answering at all.
The steward, Fullarat, was then called up, and Colonel Callava objected to his being examined, on the ground that he was not of sufficient age. Some time was also employed with this examination: he answered that the boxes spoken of by Sousa had been delivered to him, and were then in Colonel Callava's house. The Governor, after the close of Fullarat's testimony, said, in a very deliberate and impressive manner, 'that the papers had been seen in the possession of Sousa; that Sousa had acknowledged that they were delivered to the steward in the same boxes, and, by his declaration, were proved to be in Colonel Callava's house.' The proof was therefore complete that the papers were in Colonel Callava's possession, and he was there called upon to deliver them: he was told that an officer would be sent with some one he should name, and bring the boxes; that he might open them in the presence of the Governor, and the papers specified surrendered.
This was distinctly made known to Callava by me; and the Governor called upon Callava's friends, among whom was Mr. Innerarity, and who were acquainted with both languages, to explain it well. I was occasionally assisted by Mr. Rutledge, and every pains were taken that this part of the subject should be clearly explained. His answer proved that he did understand it. He repeated what he had said before, that he could not deliver the papers unless demanded of him as commissioner, or late Governor; that they could not be in his hands as a private individual; that he could not say whether they were in his possession or not; enforcing the same positions with a variety of other reasons, and of which I interpreted as much as I could; among them, he said, that he could only be tried by a tribunal de residencia, which, at first, I did not exactly comprehend, until explained by Mr. Innerarity, at my request, to mean a court specially appointed to try governors of provinces, etc., not amenable to the ordinary tribunals. The Governor, in the same manner, enforced his demand of the papers by a variety of reasons; he observed they were such papers as were contemplated by the second article of the treaty, which was read to him; that it was his duty to see, for the safety of the inhabitants and the protection of their rights, that all papers relating to the property of individuals should be left. The conversation, as is natural, was warm on both sides, and some expressions were softened by me in the interpretation, and others, intending only to irritate or provoke, were omitted altogether. These were principally the appeals of Colonel Callava to the bystanders, which were frequent, loud, and inflammatory. And, on the part of the Governor, strong expressions against what he considered a combination between him and others to withdraw the evidences of the right of property required by individuals, which combination I understood, and so expressed it, to be between Colonel Callava, Sousa, and the steward Fullarat, but which seemed to excite some indignation, as he said, "Sousa is my domestic, my servant, he is nothing in this business."
The Governor did at one point remind him of the fact that the testamentary paper of Vidal had been, by his own decree, ordered to be restored to the office, whence, as he expressed it, 'they had been ''stolen''.' As this expression had no allusion to Colonel Callava, and, as I was not particularly called upon to interpret it, I supplied its place by a milder term. I considered the expression as dictated by a high sense of the injustice said to be done to the heirs of Vidal in withholding the papers, and as expressive of astonishment that Colonel Callava, who had compelled the restoration of those very papers to the office whence they had been taken, should think of carrying them out of the country after he had obtained possession of them. In the course of these remarks the Governor reminded Colonel Callava of his having promised to deliver the papers if found in the boxes. Here Colonel Callava exclaimed, "It is false!" meaning that he had never made any such promise, but which was mistaken by the bystanders. I stated that Colonel Callava denied the promise, and that it was possible that I might have misunderstood him, which drew from the Governor an expression of displeasure. In a strong tone of voice he asked, "Why then, sir, were you not more cautious?" Words which proceeded only from the irritation of the moment, while he was almost sinking with fatigue; it was then midnight, and he had been sitting, with scarcely any interval, from ten or eleven o'clock in the forenoon. After the lapse of two hours the Governor rose from his seat, and called upon me distinctly to state that Colonel Callava must deliver the papers, or abide by the consequences; he, at the same time, called up on the friends of Callava who understood English to explain to him his situation. It was fully explained to him. This was several times repeated, and at length a blank commitment, which had been prepared in case of necessity, was signed, and Colonel Callava committed to prison.|20px|20px|James Parton's ''Life of Andrew Jackson'', p. 628-630}}
====Spanish account====
A Spanish officer present at the scene also recounted the events:
{{cquote|The Governor, Don Andrew Jackson, with turbulent and violent actions, with disjointed reasonings, blows on the table, his mouth foaming, and possessed with the furies, told the Spanish commissary to deliver the papers as a private individual; and the Spanish commissary, with the most forcible expressions, answered him that he (the commissary) did not resist the delivery of papers, because he still did not know what papers were demanded of him; that, as soon as he could know it, if they were to be delivered, he would deliver them most cheerfully; and that, if papers were demanded of him which he ought not to deliver, he would resist it by the regular and prescribed means; that all these questions were not put to him in writing; that his answers were the same as he had given to every interrogatory which had been put to him, because he was not permitted to write in his own defense; and also, that he would answer for the future consistency of it, as well as what had been asked of him, and all that had been done to him; that he wished for this protection of the law to every man; and that he would never yield.
The Governor, Don Andrew Jackson, furious, did not permit the interpreter to translate what the Spanish commissary answered, that the bystanders, it appears, might not understand it; and the interpreter made such short translations that what the Spanish commissary took two minutes to explain he reduced to only two words; and that, when the Governor gave him time enough, (as has been since related by various persons who spoke both languages), of what the Spanish commissary said, not even half was interpreted, and that little not faithfully. Lastly, the Governor, Don Andrew Jackson, after having insulted the Spanish commissary with atrocious words, took out an order, already written, and made the interpreter read it, and it contained the order for his imprisonment.
The Spanish commissary said that he obeyed it, but asked if the Governor, Don Andrew Jackson, was not afraid to put in execution deeds so unjust against a man like him; and, rising to his feet, he addressed himself to the secretary, whom the Governor kept on his right hand, and said, in a loud voice, that he protested solemnly, before the government of the United States, against the author of the violations of justice against his person and public character. The Governor, Don Andrew Jackson, answered to the protest that for his actions he was responsible to no other than to his government, and that it was of little importance to him whatever might be the result, and that he might even protest before God himself.|20px|20px|James Parton's ''Life of Andrew Jackson'', p. 630-632}}
==References==