American watchman and Delaware advertiser. [volume] (Wilmington, Del.) 1822-1828, 1824-04-02

the energetic step of proclaming martial law. All
was at stake, and it expedien, he thought, that
they should suffer temporary partial abrldgementl
of their rights rather than be deprived OF them for
ever. No one, indeed, could have experienced
any sensible evil under the operation OF law,
who was not detected in committing some act that
was calculated to favor the OF the enemy and
initiate against the defence of the place. The de-
sign of it was to aid and strengthen the measures
he was taking to protect New Orleans, and the peo.
pie of Louisiana, against the overwhelming evils,
that would have been certain to overtaken them,
1.-THE consequences Of which would not have been
confined to them) had failure 10 his defensive ar
engagements taken place.
To illustrate further The proprety of the measure
have been advocating, will put negative case
"a case in which, unfortunately, no responsibility
was assumed, bur wherein if it may not be said
one ought to, it may be asserted one might, have
been taken. 1t is this: When general Hull moved
either by his treason cowardlce, was about to
surrender without struggle to general Brock, Fort
Detroit and the army he commanded, had Colonel
Miller the second in command, with the prompti
tude and decision which the occasion called ior
formed the design OF divesting him OF his com
mand and possest the address to bring the officers
and men to consent to his purpose with the view
Of fighting the enemy, that disgraceiul, Bglorous
transaction which was the Of much inno-
cent blood being shed, produced such uncommon
expense to the u States and had the most injurious
effects and bearing on the operations OF the war al
forwards, would not have occurred. This would
have been responsibility Of immense importance
and hazard, but such as the OCCASION might
have warranted 1t was one, though, to which no
common man was competent. 1t required the
genius of Jackson to and to understand what
was 10 be done, at juncture so CRITICAL and in cir.
cumstances SO difficult, we'll as ms energy in
stantly TO decide on executing IL.
General Jackson had two distinct classes OF per-
sons in New Orleans and its environs to guard
against One consisted OF the traitors whose dis
closures TO the enemy it important to obstruct.
The other was composed Of the timid & rresolute,
whose pusianimous conduct had a tendency TO dis
courage and weaken the efforts that were making
to defend the city. They doubted the practicability
Of defending it, and were inclined to treat with the
enemy, thinking that conditions might be obtained
by capitulaon which could not be expected in case
its defenders should be discounted. Such persons
indirectly promoted the views of the British by the
cowardly Responding they pursued and il
necessary to take precautions against the ct
fects that might be produced by 1t, as against the
reasonable movements oil those who were DESTROYS
actively to cooperate with them. In continuing TO
enforce martial law till peace officially made
known, as it one of the auxiliary means he had
employed for the protection OF the city, he acted
from the prudent motives which should always gov.
ern victorious general alter defeating his enemy
A relaxation of precautionary measures coming TO
the knowledge Of vanquished Toe, is an encourage
Inent TO rally his broken forces, and taking adVan
tage of the victor's security, to assail him with
hopes OF success not to be INDUCED, il he be APP
priced of his danger and prepared to encounter it
Did, then, General Jackson do wrong in pro.
claiming and enforcing martial law, under the Cir
Cumstances and for the reasons which induced him
TO have recourse to that strong measure Did, or
did not, these circumstances and constitute
necessity which warranted the procedure. No
candid person can, think, avoid giving to the first
Of these queries negative, and TO the second an at
irmave answer And if so, when Mr.. Lovaillier
in contempt Of the proclamation, and Of the autho-
rity by which it was ssued published in one OF the
city Journals pecc, which, In the opinion OF Gen
Jackson, calculated TO excite mutiny among
his troops and afford intelligence TO the enemy oil
The situation and disposition of the army; he order
ed him to be arrested and put into state OF custody
did Judge Hall do right in issuing writ OF habeas
corpus Tor his enlargement! 1t mustbe borne IN mind
that the effect oil martial law,was during Its contin
uanceo suspend constitutional aw,so far as the lat
ter was incompatible with the former. The functions
o! the Judge, consequently, were suspended too, In
relation to persons and things whereon martial law
was to act. II follows, then, that the Judge erred
in ordering the release of Mr.. Lovaillier in the
state of things which then existed, and that Genera
Jackson was justified in having him (the Judge
seized and sent hey ond the line OF his sentinels.
Itfollows also that after peace was officially an
nounced, and martial law had ceased, the arres, o
General Jackson for the alleged contempt of dis
regarding the writ issued by the Judge to liberatt
MIR. Lovaillier, was an improper proceeding anc
that the imposition Of fine Of S 900 on the Gene
raj who had just rendered such signal services tt
lis country, an act Of injustice derogatory ak,
10 the Judge as an officer and citizen.
A DELAWARE Farmer.
The commanding officers Of three Of the regiment
LIn having been iuforned. short time befpr