Winchester gazette. [volume] (Winchester, Va.) 18??-1826, 1821-10-27

i TEN Of SpdnisA la,rs, and the nature oe tbs
Iowers held by the Inc .o.nls and CaptaiI
Generals OF Spain. Ind, ed il would be =
wonderful thing if he were to know them.
40 De only toleIatly acquainted with those
mws requires many years OF close attention
and sssiduous study: and for this very reason
all Spanish military governors that were in.
! vested with civil powers, were always at.
Tended by Lawyer with the title Of duditor
/ de Guerra.
i Th. Governor could not decide upon, in
any Judicial Case, without taking the advice
OF his auditor; and he was Obliged 20 abide bv
his auditor's opinion, as this person only.
land no, the Governor) was snswerable be.
tore the ia~s,tor any fraud or fault csmmite
ted in the procedure This procedure was
| clearly defined by The lsws Of Spain "a. they
! are still by the new constitutional Nov
General jackson IT. the case Cf Callava, had
no auditor dc guerra He him.sn WA
! Go's,nor and his own lswyer-Tbi. 10 Z
fact can aver, for have had an opbortunjsx
| ty OF Perusing an authorised copy Of The prc&
ceediDSs OF the couri, on that occasion. an
perfectly satisfied also, that the procedure
betrsys total ignorsnce Of the Spanish l.wsr
= for no Informant on oath appesrs therein d
+, prove, according to law, Csllava's inten,,op
! to serrete such Papers. No witnesses wero
examined against him before his house was
I assaulted, his person seized, and iosulted
! with impunity. When taken before Govern.
or jackson, (at midnight almost) he was al
lowed no counsel; no legsl interpreter: u,r
WA ne permitted to write or speak him,, 9
in his owp language and 10 his own defencef'
Wilt this be credited in free country!
But to 'hew the informa,ity and unia AWFUL,
meas OF this transaction to those that are
little acquainted with the Spanish laws.
| will here uanscribe Mr.. H. Nj. Brack.n.
ridges letter to Gen, jackson ON the subject.
las 1t appears at the head of the summary
/, proceedings OF the court on that occasiopl ler
(, this letter WIS the ground work aud only
, cause of Callava's Imprisonment
/ The public OF this Country will form its
: own opinion Of the case. L will only OBJ.
| serve, that Mr. Breckenridg. who is here
the petitioner and kind OF informant, was
actually the 1dfcade also of the place; that ia
to say, the magistrate before whom Col.
CaIlava. (if amenabIe at all to the laws)
! onght to have been in this case. and moi be-
Z! fore the Governor.
F.! from ~. M. Breckenridge, Alcade, to has
En-. the GOUeraoT,
PEEsA COLA, AUC, 81, 1921
DIR learn from the most eatisfaci ory
| evidence that number Of documents reIas
ting to estates in his place and the suits con.
st'tntho here, are in the possession uf an in.
! diviauai OF The name OF Domingo Sousa.-
ihese papers properly belong ~ ,his office.
out were not iDclGded in the inventory 6eii.
vsred by the late Governor. some of the cir
cumstaoces attending the affair ire of very
| Pecundr nature, but ss the necessity Of cb-
| tanning possession oil the documents is urgent.
! must defer making report respecting
ttem. to some other reriod; at prescnt I
must request yoor exceiiepcy to authcIise
4 Ia m kR n nh fl H.
said documents, and TO aSce, tain precisely
arAat they are.
/ am respectfully, &c.
Ii. NJ. BRECKENRIDGE. E..
! Alcsde.
| On saoh mysterious, vague and frivolous
4 information, have the laws If f,uii6s reen
| infrinetd. and the honor oil cur Couutry and
the Federal Government committed!
bnt 1t will be .aid perhaps, that the &c.
VeTnors or Captain Generals we're not re.
ssIic'ed at all by ary lsws-that, like hs
head of their late government, thew were ab.
solute, and acted in every case as they plea.
sed- Perhaps also rome example might be
adduced IN support of this assertion.
Well, let it he SO. l will even 20 furrber.
and allow too that not only similar Illegal
| ects have been tolerated; tut .ba, the sboyS
sa,d Spanish offcer', to whose powers Gene1
raj Jackson has succeeded, where by The very
authority Of the law, entirely absolute end
SesPotic.-Wh.u are We so incousistent
with our own principles a. to adop,, no nat.
Ter for what time or how long in tho new
fiorioas, The very same government we have
20 loudly igmatiZtd buy a few months seoH
Are we to tolerate this Il fsnny and despot.
Ism in the very Bosom Of our country v no
can give General jackson this sovt rign su.
thorityp Are the power, Of the President Of
the United State. more extensive than those
we have granted by Cobgress2 Beware Of
such principles, beseech you, SC.
remain sir, yours &c.
A CITIZEN.