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

''Severai Of the Editors of the daily pn
pers appear 10 be un1er the impre. sion that
Coiionei Callava made cath in the usual way
10 the narrative which has been urinteo in
his name. We believe this TO be a mistake
he merely says in the narrative, g do sol.
emniy swear that svery thing have declared
is true, &C." There i, no evidence of for
mal afiiaasit." [ Nat. Gas.
1t is doubtful whether Callava did
or dtd not swea. To his protest; though,
AZ he is said tn be $ man of honor, his
word would be AZ good as his OATH
Lit Is true, that he states in The outset
This Protest in these words 81 do
make the present, sworn exposition,
with NIL the force OF law, on 81, word
of honor, guaranteeing the truth Of ms
assertion, on the responsibility Of NV
head before iribunsl," BE. &c. /,
IL equally true, that there j. no affida-
VT regularly attached to the foot Of il.
"A more material circumstance, how
ever, Is, That the iDsiramept, as We
have il, is incomplete. {" Our wish
says New Orleans paper of,he 9Th
september) has been TO let Col. Gala.
ia speak alone. anda,herefere we have
suppressed a great number Of offda-
OTIS which accompany has siatement.
ana come in support Of the facts there.
IN cotltG.ned." Now, where are those
afiidavits ? why are they not spread
before The American people in some
paper or other that they NAV pass
upon the truth OF CPS statement p
Sumo persons have doubted him and
therefore it is, that he ought not TO
have been heard alone; ard that all the
corroboratins atfidavits ought to have
been published.
The PresIdents commission to General
jackson Is published in the Pensacola Florid.
Ia" oil the 10th ult!mo. 1t for maIiy invests
the general, under the authority Of the act of
congress empowering tie President so to
DO, with :" all the military, civil ard judicial
powers and authorities heretofore exercised
by the governor ADD capiain general and in.
teDdaBt OF Cuba, and by the governors of
East ard Wes Florida, within the said pro-
vinces respectively" { Nat. Gaz.
Now, this extract from the Com.
mission is not complete. The commits.
sion does vest him With such powers ::
but il adds these words; {" viz; the
President OF the U. S, do, in virtue of
the above reeited at, appoint him TO
exercise" these pnwersj " within the
said eeded territories. under spch CIR
cumstances as haze been or mau here
after be prescribed to him, BY MY IN
srhucTIoNs. and by law" &c. 8e.-
Now, where are these Instructions p
They are not produced. Are we then
sure, that in these very instructions
Mr.. Monroe has not expressly charged
b'm to establish The jury trial, TO res.
pect The Habeas Corpus. &c. &e.
Bot even if respect 10 the writ of
II Z. be not expressly embraced in his
instructions. this great privilege Is di.
reetIy guaranteed BY the constitution
itself, and attaches in right from ihe
moment when Florida became a part
OF The U. States, and in fact from that
moment when there was Judge of the
U. s. in Florida.
The act Of Congress itself expressly
eontempIates the g maintaining the
inhabitants Of said territories, IN the
tree enjoyment Of their liberty, proper.
~ and religion
Surely not u'e, liberty Of Spaniard,
but OF an American. We must take
our ideas of IL, not from The laws Of
Spain, bot from our own Institutions
Now, what sort Of liberty is that,
which excludes the protection Of the
Habeas Corpus ? What liberty does
he enjoy who may be taken up and
confined al the pleasure of one man
confined, in any place or for any
time which that man may please p
We will not fatigue the reader with
arrayins the euIogies which the best
English writers have passed. upon the
dabeas Corpus. 1t is enough for us
to know, that when the British Min