Alexandria gazette & advertiser. [volume] (Alexandria [D.C.]) 1822-1824, 1824-01-31
From the Richmond Enquirer.


General Jackson having suffered
himself to be presented to the peo-
ple of the United States, as can
didate for the office of President,
it becomes the right of every eli.
tizen to examiiss with decorum his
pretensions to this high station.
The particular acts Of Gen. Jack.
sons public life, to which | shall call
the attention. of my fellow citizens,
are those which took place at New
Orleans, subsequent to the battle OF
the 9th Of January, 1915. Before
I do this. / will remind the peo-
ple of the United States, that a.
moag the causes of complaint made
by our ancestors, against the king OF
Great Britain. as set forth in the
memorable Declaration of Indepen-
dence. was, that "he affected to rem
der the military independent OF, and
superior to. the civil powers. Keep
ing in mind, that the submission of
the military to the civil authority. is
one Of the cardinal principles Of our
general as well as state governments,
/ will proceed to inquire, whether
Gen. Jackson. while acting az the
commanding officer at New Orleans,
conformed to the principles OF the
republic.
On the 18th of December, 1914,
Gen. Jackson declared N. Orleans
and its euv irons to be under martial
law. A law that is built upon no
settled principles, bat is entirely ar
bitrary in its decisions; it is In
truth and reality no law. The ne
csssity of order and discipline in an
army, is the only thing that can give
it countenance. II Of course is con-
fined to those only who compose the
army-it ought not to be applied to
Others, when the courts and other ju-
dicial authorities are open, where
the parties can be proceeded against
according to the laws of the land.
The martial law declared at New
Orleans, was in substance the fol-
lowing: 1t was ordered that every
individual entering the city. should
report himself to the adiutant gene
rails Office, under the penalty of be
ing arrested-no person to leave the
city, without written permission from
the general or one of his staff-the
street lamps to be extinguished at 9
O'Clock, after which all persons of
every description found in the streets,
or not at their respective homes, with
out passport, in writing. from the
general or one Of his staff, and not
having the counter sign, shall be ap-
pretended as spies, and held for ex-
amination.-No vessels, boats, or o.
Their crafts leave New Orleans, or
BAYOU ST. Johns, without passport
in writing. from the general or one
of his staff, or the commander Of the
naval forces of the United States
on that station. Thus, by these
rules, if neighbor was found after 9
o'clnCk from home and at a friends
house, no matter what necessity may
have carried or detained him there,
without a passport in writing from
the general or one Of his staff, and
without the counter Sign. he was liza
bic to be arrested by the military
power as spy, and held in custody
for examination. do not know by
what authority Gen. Jackson under
took to declare martial law--no
clause of the constitution, nor any
law of Congress, gives a military
commander even in time of war this
power. There is law of Congress,
passed the 10th of April, 1906. the
cd section of which enacts "that in
time of war, all persons not Citizens
of, or owing allegiance to, the U.
States of America, who shall be
found lurking as spies in or abont the
Notifications or encampments of the
armies of the United States, shall
suffer death according to the law and
usage of nations,by the sentence Of a
general court martial" This sec.
ton does not give the power. Con-
gress has not left it to a command
in officer to decide what act or ne
glect shall constitute person a spy,
but have in plain words disclosed
what conduct shall constitute the Of
fence. Congress has also expressly