Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1824-01-20

,,let- their arrangements, and form their cleo.
'nral tickets.
Trust mr, then, Representative of Pcnpsyl-
,anian Your " own substitute" will MOI he
sufficient. Let Us go on as we have dome
amend the constitution and avoid caucusses
trreafter-bu while FIVE candidates are press
ing on for the palm, and union is necessary To
screen us from an election by the II. of r., let
us adopt The mode which is SD familiar TO n.
all. II does not become us To sacrifice princi-
pies To persons and Yield up our party for
the'inere chance of electing Il favorite candi-
date.
Let not Virginia be separated at this impor-
tant crisis, from the good old state of P-nnsyl
vana-They have gsne together in the mos,
trying eras OF our republic-lpt them still 90
together. A VIRGINIAN
FOR THE ENQUIRER.
General Jackson having suffered himself TO
be presented to the people ofihe U. States. as
candidate for the Office of President, il be-
comes the right of every citizen, to examine
win decoriim his professions tn this high sta
tim.
The particular acts of Gen. Jackson's pub
lie lie, To which shall call the attention of my
fellow -clllzens, are thuse which took place al
N. Orleans, subsequent to the battle ofthe 9Th
OF January, 1915. Before do this, will re-
mind the people ofihr U. States. that among
the causes of complaint. made by our ancrs-
tors against the King IF G. Britain, as set
forth IN the memorable Declaration of Indr-
pendence, was, that " hr affected to render
The military independent of, and superior to
the civil powers" Keeping in mind. that the
submission of The military TO the civil author
n.y. is one OF the cardinal principles of our ge-
neral as well AS State governments, | will
proceed To inquire, whether General jackson
while acting as the commanding officer at N
orleans, coniormed 10 the principles of the
Itpublic.
On the 10th of December, 1914 General
jackson declared New Oreans and its en,i-
rons TO be unc,r nartiai law. A law thai il
nuiit upon no settled principles. hut is entire
~ arbitrary IN It's decisions ; il is in truth and
reality no law. The necessity at nrdrr and
u's'iplIht IN an army, is 'be only thing that
can give II counienance. ltof course is con.
fined 10 those only who cumpos.. tin. army
1t ought not Ia he applied 10 others. when ,b.
courts and other judicial authorizes are open.
where me parties can br proceeded against
according I" the laws "fiht land.
The martial law declared at New Orleans.
was IN substance tn following f.: 1t was order
eu t1at every nd'riduGt entering the citu,
should report himself 10 the adiutant generals
no person 10 leave the city, without written
permission from the General or one of his
s,ah i the street lamps To be extinguishcd a. 9
o'clock, after which nH persons of trery d-s-
cripiI"n found in the streets, or not at their
IeSPec'lceh0meS, without a passport in writing
rom me General az nHe al his staff and moi
having the counter-slgn. shall be appreh endrd
MS spies, and held for rxamination.-So yes
Se's; hoafs or other crafts 10 leave n. Orleans.
or Bayou ST Johns, without a passport in
writing from the General or one of his staff.
or me Commander nf the naval forces of the
u. STATES on that station. Thus, by these rules,
u neighbor was found after nine a. clock
from home and at neighbor's or friends
house, no matter what necessiiu NAV hay,
carried or detained HIM there, without a pass
port In writing from the General or enc of
ms stan, and without the cnunIer-sign, he was
liable tn be arrested by the military power as
spy, and heid In custody for txa,nina,ion.
q" mol know by what authority Gen. Jack
son undertook 10 declare martial Lw-no
clause OF the constitution, nor any law of Con-
gress, gives military commander even ia
time of war this power. There is - law Of
Congress, passed the 10Th of April, 1906. the
I'd section of which, rnacts F" hat IN TIM, of
war, All persons not citizens If, or olci1ie. al
"hgtnnce To the q States of America. who
Ior'lh'h ions or euCampmf MS OF the. armies
of The u. Stats, shall suffer death arcord-
ing I" the lnw and usage of nations by The
Sentence of general court martial" This
SECTION does noi give the power. Congress
mas not lrtI u Ia n commanding officer, To de-
eide what act or neglect shall constitute per-
son spa, but have in plain words disclosed
what conduct shall constitute the offence
Congress has also expressly designated what
persons shall only he liable TO the penajty Of
Inc law Not "oU perso Of every descyip-
non, whether ciiiZtns nut-aTe " thin the
Jaw ~ is only those persons who are moi
ch'zenS "i, or VII" do not Ore allegiance 10
!he u. STATES, who can by any act come With
10 me provision of The law. If this is tn,
statut" ot Congress, under which Gen Jack
son did undertake to d. clare martial law il
VIII not hear him out, and if he cannnt sljrw
some law FOR tue exercise Of this power. he
has been guilty of breach nf The principles
Oh our government and uf arbitrary conduct.
The constitution of the United States in de
hnkIhg the powers Of Congress i'm uos,liy,
terms declares IN the cd article oftbr glh SOP
non, That !" The priv llrgr uf the writ of U,h.as
= Corpus shall not be suspended, unless where
= IN cases at rebellion Invasion the pnblir
safety may require it " Here then even & on
gresS cannot suspend the privilege Of this Is ri,
e@cePt uHn"r certain pressing circumstances
3i which Congress d'one are To he the Judges.
IL never could he intended hat military com
'nanofr was to he allowed To drcide when his
writ Was &" be suspended
'tn. Jackson IN refusing IN obey the writ.
Issued by acompricnt authority. did of his arm
mere lcW suspend The privilege of il. He and
ms irlcnds excuse him upon the ground that
me urgency and necessity Of The case required
MN to disregard the positive mandate of the
constitution. II this he an excuse, then il will
be sufficient reason fur any officer of the 90