Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1819-02-04

S''J >N'l<s b'HC SUldsi, dCtluU as n tie
iachment. Suppose Congress had not le-
gislafed III the case OF spies, what would
have been their conditions Ii would have
been casaS oniissus, and although the
| pubic law pronounced their doom, il
coui1 not be executed because Congress
had assigned no tribunal for enforcing
that public law. No man could be ex-
ccuieu IN Tins Tree country without ~ o
things beng shewn: Isl, That the law
cohdcmns hiin To death; and. 2dly, That
ms death Is pronounced by that tribunal
which is authorised by The law To iry him
These principles wouldrcach every mans
case, native or foreigner, citizen or allen
lie lnsil"i quarters are granted TO a pri
soner, HE niaI.sly of the .;iw surrounds
ailt! susiaInS INN, aud he cannot lawfully
be punished will death, without The con
cn'rcnce OF Tie two circumstances lust
,n~iSied upon. He denied that any COM
mander IN chef. IN This country, had This
absolute parker of life and death, at his
sole disctc,ion. IL was Contrary To the
genius OF all our laws and institutions
10 cuAe emiraie l., ,ltc pcrsoa uf one intii-
yidnai The powers 10 make The rule, 10
Jnc sc, aud iorXccuie The rule, or To Judge
aiid execute the rule only, MAS utterly
iricconciiable With every principle of free
! government, siid as the very definition
of Tyranny itself: and he irus;ed that
TINS House world never give even tucit
| assent to such principle. Suppose The
commander had male reprisalS on pro-
periA, wouii thai property have belonged
to the nation, or could he have disposed
OF IL as I've pleased! Had he more pow
er. would gentlemen tell him, over The
hives oil human beings, than over proper
~! The assertion OF such a power to
the comniaader IN chief, WAS contrary 10
The practice of The government. BY AN
act OF Congress which passed in 1899,
vesiing the power OF retaliation, IN GER
tam cases, IN the President of The United
SiAies-an act which passed during the
quasi war with France, the President is
authorised TO rctaliate upon any citizens
OF the French republic, The enormi,es
winch may be praciised, in certain eases.
upon our citizens. Under what admi:is-
ira'ion was This &C, passed? Ii was un-
der that which has been justly charged
with stretching the constitution 10 en-
large The Executive powers. Even during
The mad career ct MIR. Adams, " hen every
,"eans WAS rcsoried 10 for the purpose Of
iniuSlhg vigor into the Executive arm, no
| enc thought OF claiming Tor him the ,nhe-
vent right Of retaliation.
lie would not trouble the House with
| reading another law, which passed ,hir-
Teen OF fourteen years after, during the
iaie war with Great Britain, under the
adnlnistralon OF that great constitution
al President, the father of Tie instrument
iiSeit by winch Mir. Madison was empow.
cred 10 Teidiiaie OIL the British, IN certain
instances. Ii Mas nGt only contrary 10
tie genius al our institutions and 10 The
uniform practice OF lie government, bat
n -. Il
on which the general himself had pro-
ceeded; FOR, in forming the court, lie had
evidently intended 10 proceed under The
rules and articles Of war. The extreme
number which they provide for is ihi,-
teen, precisely that which is detailed in
lhe present instance. The court proceed.
ed, not by bare plurality, but by a ma
Iority OF two thirds. In The general or
ders issued, from The Adjuian, Generals
othce, at head quarters, II is described as
Il court martial. The prisoners are said
III those orders 10 have been tried, 'nu
| ike following charges and speci Gcatious'
The court understood itself to be acting
as a cour, martial. 1t was so orsanizedE
! II so proceeded, having a Judge advocate,
| hearing Witnesses, The iUriiien defence of
Ihf miserable, trembling prisoners, who
seemed 10 have a presentiment of
their doom. And The court was finally
dissolved. The whole proceeding maui
testify shows that all parties considered il
as a court martial, convened and acting
under iherules and articles of war. In
lis letter To the Secretary of War. noiic-
ny the Transaction, the Genera! saws =
These Individuals were tried under my
orders, legally convicted as exciters Of
illis savage and negro war, legdIiy con
demned, and most Justly punished for
their iaiquiiies." The Lord deliver us
from such legal convictions and such le-
gal cOndcmnalions The general him
sell considered the laws OF his country to
have justified his proceedings. 1t was in
VAIN then 10 talk OF power in him be-
yoDd the law, aud above the law, when he
himself docs noi assert IT. Let IL he CON
coded, that he was clothed with absolute
authority over the lives OF these individu-
ais, and that, upon his own fiat, without
trial, without defence, he might have
com inanded their execution. Now II AN
absolute sovereign, IN any particular re-
spcci, prOmulga,es a rule which he pedg-
es himself 10 observe, ii lie subsequently
deriales from that ful lie subjects him
sell to the lnpuiation of odiuns tyranny.
Ii Gen. Jackson had Tie power, without
a court, 10 cOndemn these men, ite had
also the power Ia appoint tribunal. lie
dId appoint tribunal, aud he became,
therefore, morally bound 10 observe and
execute the sentence of that tribunal In
rcSari l. Ambgi>ieT, il was with grief
and pam lie was compelled 10 say, that
lie was executed in defiance Of all law;
III defiance of The law To which General
Jackson had voluntarily. if you please,
submitted himself, and gwen, i,y his APP
peal to the court, his implied pledge TO
observe. lie knew but little oi military
law, and he had NOT d taste, by wha, had
i,duDPurd t.rpaf, "A IL, I.,,, 4 II. ..........:... ID.