The Litchfield County post., 1827-08-09

once proclaimed. Amidst the distraction of
a civil war. when whole regiments Of refu-
gees and tories were embodied in the service
of the enemy, and their friends and kindred
dispersed over the country, General Wasting
ton though for time clothed with almost
dlctatorial powers, never proclaimed martial
law. When Gen. Green was flying before
Lord CORVALLIS through the CarOlinas, and
his enemy WAS deriving almost as much aid
from the tories as he could obtain from the
wings of that COuntry,he vet never proclaim
ed martial law. Did they want prudence, cir
cnmspectiOn, energy No, sirs F.; but victory
over the enemy would have had no charms
for them, if achieved at the expense of liber-
ty. The ready resort to violent measures in
all situations of difficulty, is generally the re-
suit of weakness understanding and wick
edness ofheart combined.
shall make one more remark upon the
principle OF this measure, which those who
have studied our constitutions only, will think
ahsludly superfinous, but which whoever has
studied our history also, will allow to he sea-
sOnabin. There is no man or body Of men in
this nation competent, under any circum-
stances. to proclaim any martial law within
our own territory. The President cannot
Congress cannot both concurring cannot :
the most they can do,is to suspend the hobeos
corpus in two specified cases, invasion and in
s,lrrection, and then only when necessary.
The invasion G" insurrection does not ipSo
tUcio create tine necessity.
But, if the necessity and wisdom of this
measure, aud Gen. Jackson's competency to
adopt and enforce it, be all granted let us
see,whether in the actual exercise of the high
pre"oSative with which he had clothed himself
he preserved any bounds of moderation
whether he stopped short of extremes, which
no necessity required, which no expediency
recommended, and to which he could have
been melted, only by the intoxication of abso-
lutte power, the wantoness of caprice, or the
madness of passion
While the event Of the contest was vet
doubtful.on the vague information of his aid
MIR. Duncan, that a design was agitated a
mong tn" members Of the legislature, to pro-
pose capitulation, and surrender to the invad-
ing enemy, Gen. jackson, though he must
have known.that in the actual state of things
(m"rtial law still prcvailing) such a design,
could not he executed without his consent,
" ordered Gov. Claiborne closely to watch
the conduct Of the legislature, and the mo-
ment the project OF offering a capitnlation to
the enemy should be fully disclosed, to arrest
the members, and hold them subject to his
future orders. The governor, in his zeal to
execute the command, and from fear of the
consequences involved in such conduct, con-
strnrd as imperative an order which was
merely contingent ; and placing an armed
force at the door of the capitol,prevented the
members from converting, and their schemes
from maturing."* The historian does not
assign another reason for Gov. Claiborne's
precipitancy, which have heard, and have
no doubt was the true one that Gen. Jack
son had before threatened to hang him if he
should hesitate to do whatever he was COM
handed, or presumed to exercise his own
judgement. But if the governor be RESPONSE
BILE for shutting the doors of the Legislature in
the first instance, who is to bear the blame of
keeping them shut ? For, in fact, then acre
kept shut, from the 28th of December. 1914,
till about the Goth ofJan. 1915, when the en-
envy retired to his Ships
After the enemy, toiled and broken, had a.
bandoned the enterprise, surely the suspen-
sion of civil law and justice, and the tyranny
of martial law could no longer be necessary.
Was civil liberty yet restored the city No:
military dcspotism was still stcrnly maintain
ed.
On the 10th of March, Admiral Cochrane
through Mr.. Livingston, who had
been sent to the British fleet to settle car
tel, that news ofpeace had arrived at .Jamai-
ca. Certainly the necessity of military dcs-
pOtism was now at an end. Did Gen Jack
son relax his absolute authority 1t was only
the occasion of ensIaving the press to his i'm
primatur.
A few days after this intelligence, Mr.. Lou
acr, Il member of the Legislature published
a paragraph in the newspapers, cacuated,we
are told, to excite mutmy among the troops,
and to afford the enemy intelligence of the
situation and disposition of the army.--The
printer is incontinentIy brought before the
General, and compelled Uhe poor printer
afterwards told the story to his country, but
it had no ears to hear) to disclose the au-
th0r's name. Mr.. Louaillier is forthwith ar
rested by a file of soldiers, without care or
thought of the privileges of the assembly to
which he belonged, dragged to camp, put in
to straight confnement,~ and arraigned
before a Court Martial, as for a capital Of
fence.t
MIR. Louaillier was not absolutely friendless,
nor had his friends lost the sense of freedom.
They applied to Mr.. Hall, district Judge of
the u States, for an habeas corpus, which he
accordingly issued. The General knew The
been Judge hinself) that Judge Hall was
bound by his oath of Office and at his peril to
issue this writ, Every end he could have rea