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1821 James Monroe - Arrest of Colonel Don José María Callava



In 1821, General Andrew Jackson sent 20 men with ammunition to arrest the previous Spanish governor Colonel Don José María Callava, for failing to turn over private documents related to the inheritance of lands owned by Nicholas Vidal.    A descendant of Vidal threw herself at the mercy of the American justice, and Jackson acted swiftly triggering what Monroe called "several incidents of a painful nature".

On February 22, 1821 after years of stalling, Spain finally ratified the Adams-Onís treaty ceding all of East and West Florida to the United States.  In March, Andrew Jackson was appointed governor of the new territory.  While, the territory was officially in the hands of the United States, there remained a dispute over some of the land that was claimed to be the private land of Vidal family.  According to one woman who was descendant of Nicholas Vidal, the Spanish governors had ruled that the land would be returned to the Vidal family, but the ruling was never enforced.  According to author James Parton, the woman reached out to Jackson's alcalde or magistrate Henry M. Brackenridge for help in this matter, telling him that she had been "robbed of her inheritance by wicked and powerful men".   The woman explained that she was a heir of Nicholas Maria Vidal, who died many years ago in Florida leaving large tracts of land in Baton Rouge and Pensacola to her, but the estate had fallen into the hands of the Forbes and Company.  She felt helpless, because the papers needed to gain the rights to this land were about to be carried away to Havana and were currently in the custody of Lieutenant Domingo Suosa, one of Colonel Callava's aides. Lieutenant Sousa was willing to allow her to copy the papers which numbered in the hundreds, but she could not afford the expense, and thus the family was at the mercy of the American government to carry out justice.   This touched Mr. Brackenridge's heart and after examining the papers she did have, he was convinced that she was telling the truth.  Since the Adams-Onís treaty required Spain to surrender all such documents regarding the Florida territory, he took action.  

Mr. Brackenridge reached out to then Governor and General Andrew Jackson for assistance.  General Jackson issued an order to Brackenridge as well as to the Secretary and County Clerk, authorizing and instructing them to proceed to the residence of Domingo Sousa, and demand "all such papers or documents as may be in his possession".    Mr. Brackenridge and two other associates from the clerk's office arrived went to the residence of Lieutenant Sousa demanding that the documents be turned over.   Sousa responded, that he could not turn over the documents without a written order from Colonal Callava.  When Jackson received word of this, he was indignant an issued an order to bring in Lietenant Sousa as a prisoner along with papers to his office immediately.   When Sousa arrived, he was without the papers.   Sousa told Jackson they were left at the house of Colonel Callava.  Sousa was then escorted under military guard to the home of Colonel Callava.   When they arrived, Colonel Callava was shocked to find that Sousa had been arrested and sent one of his subordinates to General Jackson to inform him that Sousa was speaking the truth.  Now Andrew Jackson was furious, and instructed one of his Colonels to round up 20 men with arms and ammunition dispatched to Colonel Callava's home.   The events that transpired after this are unclear, since Mr. Brackenridge and Colonel Callava and others all  have differing accounts.  These are documented in James Paront's book "Life of Andre Jackson", but are beyond the scope of this blog post.   Callava was arrested and brought in for questioning, during which Jackson sent orders to have his home searched and the documents seized.  Once the documents were received Callava, Sousa and others were all released.   Colonel Callava left Florida and headed to Washington to protest his treatment by General Jackson.   Other Spanish officers stayed behind, but were given by Jackson four days to leave or be arrested.  They left on the fourth day. 

Several months later, in December of that year, President James Monroe acknowledged these events in his 1821 State of the Union Address.  According to Monroe, the Spanish officers who were charged with executing the Adams-Onís had not only omitted to turn over the documents, but also attempted to "defeat" every effort of the United States to obtain them.  It is not all that clear, why these particular documents had risen to such an extent that Colonel Callava was arrested, but Monroe also referred to them as "those of the greatest importance".   And in Monroe's words, "This omission has given rise to several incidents of a painful nature".  
"With Spain the treaty of [1819-02-22], has been partly carried into execution. Possession of E and W FL has been given to the United States, but the officers charged with that service by an order from His Catholic Majesty, delivered by his minister to the Sec of State, and transmitted by a special agent to the Captain-General of Cuba, to whom it was directed and in whom the Government of those Provinces was vested, have not only omitted, in contravention of the order of their Sovereign, the performance of the express stipulation to deliver over the archives and documents relating to the property and sovereignty of those Provinces, all of which it was expected would have been delivered either before or when the troops were withdrawn, but defeated since every effort of the United States to obtain them, especially those of the greatest importance. This omission has given rise to several incidents of a painful nature, the character of which will be fully disclosed by the documents which will be hereafter communicated."
http://www.presidency.ucsb.edu/ws/index.php?pid=29463
Life of Andrew Jackson In Three Volumes by James Parton (1861) pgs. 614-630
http://www.pensapedia.com/wiki/Jos%C3%A9_Callava

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