Winchester gazette. [volume] (Winchester, Va.) 18??-1826, 1821-10-20


last; seize the eases, break the seals,
and select such documents ssay az cor
responded with the scheduk Gala,
va himself ultimately begged them to
pursue this course, rather than to
touch his person. Buff the Govern.
or's energy could not have been salts.
he'd, without laying hands upon thu
person Of Caliava, why send him to d
common and ignominious jail-the re-
cePtacle of the viiest criminal or tia,
meanest runaway Why not have OUT
him under guard at his own house,.
or at the Governors Office, until the
papers could havs'beeu ssized and Sc
cureds And if we may believe this
Spaniard upon his oath, why should
ne have been treated with that impas.
stoned violence, which he aseribes 10
the Governor ? Is this too part of
the Governors energy! Is it becoming
10 the civil magistrate of free peopje
to play the Bashaw, even to the mean
est criminal? to stoop from GO the high
estate" OF his great Office, and insult
the man who is in the power Of the
law
A Judge should be like Mount Atlas.
i" seif-ceDtered aud unremoved.' -
Firm in the administration of Justice,
but calm IN the manner OF ii; he should
soar above the common passions Of
common minds. He should never con-
found energy with riSor, NOR dignity
! with viOleDse. He should exercise no
more authority, than the occasion re.
| quires; and he should exercise il in
such a manner, as 10 command even
the respect OF those, whom his Justice
does not satisfy.-It grieves us to say,
that even according TO the showing Of
" the Fioridian," the Governor has
treated Colonel Callava with very un.
necessary harshness; and according TO
| US statement. with violence which
does not even suit " the captain gener
al aud in!endant Of the island Of Gu
ba &c. &C." Ii ia in truth measure,
which Is more suitable to a" spotic
governments. Ii neither accords with
the genius Of our institutions, nor the
character Of our people. 1t violates
the regard which is due TO the JUS
,iee and reputation Of the U. States >
in the eyes Of foreign nations, it is lit
tie calculated to enhance that charac-
ter for moderation and courtesy, which
should grace our liberty aud our spir.
1t. In The heart Of Spain, psrticn-
larry, it may produce alienation and
disgust.
On Gen. Jackson's own account too,
we could have wished that this thing
could have been " ordered otherwise
j He is unquestionably man of great
abilities. His glory is beyond Inc ca
vii Of criticism. or the breath of enmi-
~. lie wears The brightest wreath
which was won during the last war, -
HIS defence of New Orleans will never
De forgotten, so long as Sraiitnde can
IND au American heart, ON which 10 en-.
grave her inscriptions. But the gal
iantry, and even chiyairy of Jackson,
is not every thing. Is il not 50 to be
| regretted, that maa, SO justly great,
| should thus tarDish his we!l.earned
| fames"
The case of Judge Fromentin is diff
fefent from that of Callava. He is
Judge of the u. She issued writ of
Habeas Corpus-for which act he was
summoned before the Judge TO answer
for contempt and mathematician
IL is true, we find it stated in the N.
Orleans Advertiser, that the Judge has
since become satisfied that he had no
right to issue the writ.-But we coB-
TESS, we suspect those sudden converts
ions which are wrought at the point of
The 6ayonet. Let Us see the Judges
! commission; and we may Judge for our.
selves. But at the first blush of this
subject, ii might be suspected, that as
every U. .. judge, whether in state
or territory, has had The power, in eff.
feet, though not expressly under the
law,t TO issue Habeas Corpus; as il
IL "a privilege besides which must ex-
, tend to Florida along with the consti
tuition Of the u. States, it would 60 a
Ing with Mr.. Frnmentin in his char
aeter of Judge. II ii be not SO, there
must be some oversight in bis commits
sion, which ought instantly TO be cor
rected. In the case OF Vidal and In
nerarfiy, just decided at acola, we
have peep at this commission and
1t appears that the Judge +" is express
iy required by Instructions contained
IN vt, to consider himself as governed
by the laws of the u. S."--tLoUgh it
is true that Governor Jackson, or his
assistant MIR. Mitchell, has attempted
to NARROW down thiS phraseoIogy to on
iy two laws OF Congress touching re.
renue and siaves)-yet, still it is ex.
AD attempt has been made TO shelter