Delaware journal., 1827-10-30

|
To the honor of Gen. Gaines, and the other oil- a
GERS who composed the court they too lntelil-
rent and too independent, to be so lost to all sense
lof their duty as to fad Mr.. Louallier guilty In
giving his reasons for disappearing the sentence OF
the court martial, Gen. Jackson says-'Ihe charges
against the prisoners were mutiny, exciting muthy,
general misconduct, and dlsobedience OF orders !;
writing wilful and corrupt libel against the COM
manding General, unsoldierly conduct, and conduct
in violation of general order all which charges
are on the face Of them," he remarks 'proper to
1 be inquired into by court martial" He then pro-
ceeds to state the circumstances which had led to
the proclamation OF martial law, one OF which was
the threatened attack upon New Orleans by the
British. "Martial aw," he says, 'as the most COM
prehensive and eitectual.' was established by him.
The occasion that calls it forth that is martial
law, ''invOlves at once the very existence OF the
government and the liberty, property, and lives ol
the citizens"
"Martial Law being established, applies, as the
: Commandng General believes, to all persons who
remain within the sphere Of its operations and claims
exclusive Jurisdiction Of all offences which aim at
the dsorgsnizaton and ruin of the army over which
: it extends To certain extent it is believed to-
. make every soldier, to defend the spot where
8 chance or choice has placed him, and to make him
i liable for any misconduct calculated to weaken Its
/. Defence" After good deal more Of this kind OF
: military logic, Gen. jackson comes to the in
the adjournment of thatlegslature of which the de-
IT fendant claims to be a member, he remains within
r. the camp of the American army, and within those
lie limits which are declared to be embraced by mar-
F. al law. How does he there deport himself? In
stead of contributing to the defence of his country
'g instead of seeking to promote that unanlmy which
lel love of country, and the important trust which
at had been reposed in him might have led to expect,
al we beholdhim endeavoring tosr uPdscord, sedtlon
ne mutny, laborng to dsorganlze and destroy an ar
int my which had lately defended his country, and
an might soon again be necessary for its defence
of not only inviting the enemy to renew his attempts bus
IS contributing his utmost to enable HIM to sue
De- cced.''
tn This certainly sounds WELL The great obiecto,
ce to this Bombproof reasoning, is that it is utterly
son founded in point of fact. The publication had no
ave thing in it sedtious mutinous. 1t plain
ar manly remonstrance against an act OF oppression
rlc towards merltorous set of men, who had been ar
OR bitrary treated with rigorous and unjust severity
"a That there danger to New Orleans from tn
ing British forces is abundantly manifest from the fact
was already stated They had retreaed from Louisa
ma, show Of hostiities had been made for thre
dge weeks previously and news peace had been know
der for the same period of time. That the service
ack the troops who the objects of the order to gu
ghts New Orleans was not required, is proved by I'll
tally order itself for they directed not to
the ,ohin 1870 miles of that city. If martial law hi
must The whole then is resolved into simple,
ings sary. and most alarming act of illegal and
citing stuona tyranny-such ought to have sub ect
the author of it to trial and disgrace, at least, if
lect- to much more exemplary punishment.
On 'sThe Constitution of the United States,'' sa
Ar Gen. Jackson, in his reasons for disappearing
ms sentence Of this court MARTIAL secures to the ci
llace zen the most valuable privileges vet the saI
ina Constitution cOnempates the necessity of suspe
n an ding the exercise of some, in order to secure
ents, continuance d all. Ifit authorizes the suspense
com of the writ of habeas corpus in certain cases. it he
New by implicitly admits the operation of martial la
cars. when in the event OF rebellion invasion, pub
,eng safety may require i'' Without attempting to
the anime into the soundness of this implied deducti
this from the premises or to inquire whether it was
$ un- gnally necessary to proclaim martial law at N
lored Orleans, we would remark that on the 18th of
etan cember, the Legislature had expressly refused
theirs suspend the habeas corpus, doubtless the grou
o en- that it was not necessary. If there had been
, and necessity for establishing martial law, that
,ssed all danger from the British had long
for sed, the civil laws ought to have been reestabish
o the and the persons of the inhabitants freed from
they effects of such an odlous tyranny.--Mr. Loua
lerely was member OF the Legislature As such dur
kept ITS session, and as citizen after its session
pro- closed he had made hemost active exerons for
osure defence OF the city and the comfort of the arr
in one In demonstrating against the act Of despot sm
RS ac- which the troops banshed from their hon
nnes. he did nothing that the laws would notJustfy-
such an acthe was thrown into prison, brought lii
II vic deserter OF traitor before military tribunal
had he been convicted would, beyond all quest
Is Mr.. like the six mtiamen, have been shot as de
ibca- ter traitor. We say, beyond all question
asser- would have been shot for when did his relent
,ckson prosecutor ever lose opportunity to gut his
ew Or geance when the object of it was in his pow
lana this case, as in all others where he has been ca