The Portland gazette. [volume] (Portland, Me.) 1818-1824, 1820-04-11
MISCELLANY.
FOR THE PORTLAND GAZETTE.
GENERAL JACKSON.

hibit singular phenomenon. in the department
of legislation. At the time when Gen. JACKSON
was carrying on his extraordinary operations in
the Floridas, especially after the execution oil
some of his prisoners and the Selling Of the Span
ish fortre.ses, there was no word Of appreciation
Of these proceedings heard. from one end ofthe
continent 10 the other; and it was evident that
the general sentiment was in opposition to them.
As this wa. the case, IL was very natural TO ex-
pee, the commanding General would be called
to an account for these proceedings, according to
the established forms Of law. Aud the first ques-
ton which seems necessarily TO present itself is.
by whom was he TO be arraigned, and to what iri-
bunal was he answerable II would seem by the
proce edings 10 both Houses Of Congress, as though
those bodies considered themselves invested with
some kind of powers which were adequate TO
take coenizarce of the conduct Of Gen. Jackson.
Before entering upon an inquiry whether this
opinion is we'll i'll founded, let US first inquire
who in fact had the ndubtable constitutional
power TO put that of6 rer upon his trial? When
th. question is satisfactorily answered, it will re-
main TO be inquired whether any other authority.
en- any principle of sound policy, or constitutions
al right, could possibly interfere.
Let il first be remarked that the whole Of The
Seminole War, both in its origin and progress.
was the act of the executive power ofihe Union.
The President, through the war department. as
erai jackson, under certain circums' ances, to
carry war into the Floridas, and TO bring TIE cdr
10 a sp.edy and eFeeiual termination. Here then
was a direct delegation OF power by the COM
mandcr in chief To General jackson, TO carry On
aud terminate the war in the Flordas. The
President In thi. instance acted in his military
character, recognizing the war legitimate
himself being at the head Of it, aud his conman-
ding General responsible to him, and hins only.
The only court therefore, under these circum-
stances, which could have any legal cognzance
Of the Generals preceding. in the war, either
to condemn or acquit, TO censure or to Justify,
must have been military. Such a court the
| President might have ordered for the trial Of the
General, and such one alone is known to the
constitution aud laws Of the land.
But the President did not ft 10 order a
trial. What then was TO be done Was the Gem
eral to escape without trial or without animal
version by any Of the constituted authorities !
Was power TO be no where found ramount to
that OF the executive, or inordinate with it to
punish, or at least to stgmatze the General whs
had offended by his mode Of warfare, so many OF
the people Of the nation. whose principles and
moral feelings every officer in their service is
bound to respect. II is not difficult TO answer
these inqu RES. II may first be observed. that
| il wound be a subversion Of all order, aud pro-
duetive Of incalculable mischief, If the different
, departments Of government should interfere with
the established duties prescribed 10 each, aud so
well defined as not to be mistaken. On the neg
| lect Of the President to proceed to regular in
quiry into the conduct Of Gen. Jackson, the mil
i,ary committee of the House of Rcprese ntatives,
entertained the opinion that that body had pow
or, in some MEASURE, to effect that which the
President, who had the induhitable constitution
al authority had neglected TO perform /; and they
reported accordingly that General Jackson
should he censured. Now it is obvious the
frst reh ction, that sentt nee of this kind, pas
sed in Congress, could net touch the accused
officer in any possible manner, but through pop
ular sentiment. lie would still have remained
commander Of the Southern dvsion-still have
been liable TO be regularly tried, and heard in his
defence, before military tribunal--st,il wholly
independe nj o! the jurisdiction oil that body aud
il afterwards, on a trial by military court, he
had been found to have substantially obeyed his
/ orders. and been acquitted, the effect produced
by Congress, ever on popular opinion, would
have been wholly efsced. But consequences
out Of the question, where exists the right in the
House Of Representatives to become public CEN
sors in matters Of duty devolved on other depart
ments ! They have indeed the right to prefer
articles ofimpeaohment, and il is their imperious
duty 20 do It in all cases where the su ject mat
ter requires it. But they have no power TO i'm
IL
10 il to be presumed that a censorship was iDten-
ded to be conferred on them 10 such cases by the
Constitution. Ii a precedent Of the kind were
once established, any III GER, in either oftne de-
partmspts, whether civil or military, would be
liable TO its dangerous effects, even in cases
where there was no pretence Of grounds for an
impeachment.
II 10 a remarkable ct, that while this subject
was under discuss ION in the House of Representa-
tives, the speeches each side of the question
were almost exclusively founded on the alleged
guilt or innocence OF Gen. jackson. But il is
still to be believed, that some, and indeed
considerable number, were guided by different
believed that considerable number did not per-
ceye their utter want of constitutional authority,
and OF all precedent in legislation by Congress,
TO sanction by their vote this assumed and popu-
lar kind OF trial of the accused. Aud il 30 was
il not their duty to offer their the Coor
Of Congress. and protest against course so nov
ell and unauthorized Although this could not
have altered the result, it might still have been
satisfactory TO a portion Of the community for
1t is not to be expected that a subject Of this
nature, every man is critical to discern the land
marks, by which the different ds part ments Of
government are bounded.
But it i. not so remarkable that the House of
Representatives should have spent weeks on this
subject, as that the Senate in turn should have
become both an inquest and kind Of court Of
trial OF Gen. Jackson for his conduct in the Semi