Phenix gazette. [volume] (Alexandria [D.C.]) 1825-1833, 1827-06-01

ter. and of the Other evil wars OF that Kihguo',,
in vain: they had learnt, by the executions anu
a,tainders with which these contentious WERE
! accompanied. that infinitely more danger was
| 10 he apprebe nded from the abuses OF authority
! by men in mower, than from any want q hdeii'y
| nm Tie mar, Of the citizens at large; and were,
therefore. particular in guarding their rights
,,.;nst ofEcious informers, and preJudiced ana
;ncarob,e rulers. Were we to refer this matter
! 70 he na,rio, sons of i'll fated lreland-were we
n coosuIt The surviving friends OF the unfortu-
r,,e Fmme,. and Of long list of others equal
| IL meritorious, but less conspicuous,-wou'a
! they no, poin; us 10 the TACT, that much OF me
best blood of that generous and noole-splrlteo
nation, has been split upon the scaifold Tor the
qualification Of a foul ambition, and which seems
TO warn the people Of every country where IL
berry is established, Of the positive necessity
of restricting men in authority within bounds,
beyond which they shall. on no pretence what.
ever be permitted 10 pass, Could the shaoe o'
Sidney be consulted on this important suo]eo''
what answer might We expecf TO receive 10 d
proposition embracing the propriety OF Vestihs
The executive officers with power 10 introduce
proceedings by martial law, for the trial OF citi-
Gems for aledged offences against the civil 60
yernment: might we not expect 10 have our al
tention turned to the thousands OF Englisnmen
slain. and whose bones lie bleaching IN almost
e,ery cline, that England's rulers might be
maintained in the right TO act according as they
chose 10 consider the necessity OF the case re-
ouired But let us resume the argument.
Admitting that the men whom Gen. Jackson
assures us he would have put to death, were as
.puil,y as the mos, zealons ard ardent Of his adj
x,,b Il mr..
alter the positive enactments Of the Constltu
ton and laws ofthe land, nor extend the scope
Of military authority II is one of rhe well es-
tablished maxims Of our law, that "every man
is considered innocent, until the contrary aP-
pears" and when crimes are charged, the
Constitution points OUT the manner IN which
the enquiry concerning the guilt or Innocence
of the parlt, shall be made, and the FACT ascer'
tanned; the substitution of any other mode OF
trial, is usurpation; and If life be taken, ii is,
morally speaking, murder. Gen. Jackson. seems
10 have made his appearance at period oil The
world entirely too late for the full display OF
his talents and favorite principles. sine age
of chi,airy is gone;" during its existence, and
when knights errant were trarersiIg the world
in search Of adventures, and punlshIng crimes,
sprii such as he is possessed OF, could not
fail to shine forth with exceeding great lustrc;
bu in these latter days, the trial by Battle has
been superseded BY the more rational and GER:
tain one by "Jury Of the State or District
wherein the crime shall have been commiued
Here we permit no valorous knight to step in
and by means of his lance, or falchion, deprive
the law Of its office. Permit me, before dis
miss the subject, to trespass little further on
your attention, by presenting the law On which
Gen. Jackson relied for authority 10 proceed by
Court Martial, in the, punishment of citizens
not ofthe army; il is in these words-'Sec. 2
all persons not citizens Of, or owing allegiance
IN Nh, IIniiad S,..A.~-~f A -.--;.----i, p =
found lurking as spies, in or about the forlIh-
cations or encampments of the armies OF the
United States, or any of them, shall suffer death
according to the law and usages Of nations, by
sentence ola general Court Martial" In con-
sidering the proposition to punish an Ameri.
can citizen by virtue OF the powers contained
in this section, am at loss which to coEdemn
most, the ignorance, or folly OF Gen jackson.
in seriously making II 10 man OF Mr. Monroe
ac acknowledged talents and exalted Stallion
When contemplate the enormity OF lhis pro
position | feel constrained TO ask mvselt II 1t
be possible, that the Hon. Louis M'L.ane, who
for many wears has been Representative IN
CONGRESS, Chairman of the Committee Of Ways
and Means, and now a member OF he Senate,
win consent to put his character Tor .ln'el'i.
cence and caudor, at hazard, by the support OF
a man, who has thus exposed his poverty OF
intellect, and violence of disposition; hu, wait
for an answer in vain; il is boosted Of by his
partizans, and you, sir, remain silent; and II IS
tina, silence whic h fnrms the apology which
otherwise / should feel bound 10 make, Tor
ha, ing called your attention TO this part OF the
subject. Had j, not been'for thstt should feel
as though might lay myself liable to the
charge of an ip.enton 10 Offer an insult TO your
understanding. especially were to prolong The
argument in refuialion of The Generals asSump-
ton; that however, | will not dot is entirely
unnecessary. That the section contains moth
-ing Of the powers claimed TO be exercised by
him, is so clear, that every horn book politician
who but understands the A. B &. of constitu-
tional law cannot fail TO discover it at the first
glance--evep without reference to those arri-
cles Of the Constitution which secure to every
CITIZEN the tight Of a public trial by an I'm
partial lory;' RICH, which no &C, Of Congress
Can impair. This assumption of Gen Jackson
presents an entire new view OF American Jurls-
prudence 1t stands without parallel in this
country, and doubt if one can be found in any
,hac | he al