Martinsburg gazette and public advertiser. [volume] (Martinsburg, Va. [W. Va.]) 1826-1833, 1827-12-20


was IS days after Gen. j. had wristen 10
the Secretary Of War, thatin his opinion.
Louisiana might be considered as freed
from her enemies.
Under circumstances like these, and
when there was no possible excuse for
any measure Of violence, Gen. j. with
out law or right, and in the face of all
law, and all constitutional authority, for
cibly arrested private citizen, in ne
respect subject to bis control, having no
military character, but being OF such an
age that he was net by law liable to nai
htary duty. threw hi@ into prison, or
dered him before o court martial and
had him tried upon charges that would
have cest him bis life had he been con
vieted.
Toths honor Of Gen. Gaiaes, and the
other officers. who composed the court,
they were tee honest, too intelligent,
and too independent, to be so lost TO all
sense oftheir duty as TO hnd Mr.. Lousil
lier guilty, In giving his reasons for
d,sspprovips the sentence of ths court
martial, Geo. jackson ssys-"Tbe char.
ges against ths prisoner we're muiiny.
exciting mutiny, genera! misconduct,
for being spy ,illcgai and improper con
duct, aud disobediencs o. orders; writ
ing wiliul and corrupt libel against the
Commsndan. General. unsoldierly con
duct, and conduct ia violation of &c
neral order; all which charges are, 90
the face OF them" he remarks, "proper
10 be Inquired into by court martial"
lie then proceeds TO state the circum.
sianee which bad led 10 the proclama-
tinn Of ,0artial law, Qua of which WAS
the threatened attack upon New Orleans
by tina British. marital law" he says,
''iha most comprehensive and eHectusl.
was established by him. 1.-The occasion
that calls it." thai is martial law, I'm
wolves at once ,hs very existence Of the
government, nnc the liberty, property,
and lives of citizens"
MARTIAL Law bsing established, ap.
plies, as the Commanding General be-
iieyes, to all persons sIis remain within
the sphere Gifts operation; and claims
exclusive jurisdiction of all offences
which ain q, the dlsorganizaiion and
ruin OF the army ever which il extends.
To certain extent it 10 believed 30 make
every msa a soldier, to defend the spot
where chance or choice has placed hsm,
and 10 msks him Liable for any miscon
duet calculated 20 wraksa iss dafsncs y
After good deal more Of this military
logic, Gen jackson comes 10 the case
in hard. and attempt to apply IL. lie
says--"Aftsr tee adjournment oi that
Legislature Of which the defendant
sIoims TO be q msmbsr, be remains within
tks camp of the american army. and
within those limits watch are declared
10 be embraced by martial law. How
dees be there dspert himsslit Instead
of ceairbuting TO the defence Of his
country, instead Of seeking 10 promote
that unanimlty which love Of country,
and ths important trust which had been
reposed 10 bin might have led ne to ex-
pest, ws bebeld him sndsavering to stir
up discord, sedition, mutiny. laberiDs
to disorsasizs and destroy an army
which had so lately defended his couR-
try. add might so soon again be nscsssa-
~ for its dsfsnse; nat emily inviting the
enemy to renew his attempt. but Goa
tributing his utmost 10 enable taem to
succeed"
This certainty sounds we'll. The
great objection to this bomb proof rea.
soping is, that il is utterly unfeundsd in
points of fact. The publication bad no
thing in il seditious or mutinous. Ii was
a plain msnly demonstrates against an
&C. of oppression towards mer,torious
set of men, who had been arbitrarily
treated With rigorous and unjust severn
ty. That there was no danger to New
Orleans from the British forces is album
dainty NANTES. from the facts already
stated. They bad reiterated from Leu
isiapa, Ee show Of hostilities had been
made fer three weeks previously, and
news of peace bad BEEN kn swn tor the
same period Of time. That the sevice
Of the troops, who we're the objects Of
the order io Quit New Orleans, was sot
required, is proved by the order Itself
Ter they were directed not to coma With
in 40 miles Of that city. If martial law
had ever been necessary, that necessity
bad losg ceased. Tbs whole then 10 re-.
solved inte simple, unnecessary and
most alarming act OF Illegal and uneon-
stitutional tyranny-sueh as ought ia
have subjected the author to q much
more exemplary punishment
"Ths constitution OF The U States, =