Phenix gazette. [volume] (Alexandria [D.C.]) 1825-1833, 1827-02-14

waste time in proving what every person OF any
reflection already knows,-viz. that the sus'
pension can only be effected by the highest ie-
eislatiye tribunals shall not remark upon
that point. The illegal conduct and usurpa-
ton Of Gen. Jackson at New Orleans, so faras
reeollect, has never been attempted to be sus-
tanned by any Of his supporters, upon cons'llu-
,ional or legal grounds; although 1t is oo-
yious tina: all others must fail them: men
whose minds are absorbed in the contemplation
of military eclat, are mere disposed to trust
their cause to military enthusiasm and deiu'
sion, than to the more rational, but to them less
certain support. Of Unconstitutional and legal prln'
ciples. Every provision ofthe constitution and
laws of the country, in relation to the establish
ment Of military power, so far as regards the
establishment ola police for the army, express
ly confines its authority, to those who OF right
belong to the army, either as enlisted soldiers,
or regularly drafted militia, in actual service.
From whence then comes the authority TO place
whole districts Of country under martial law,
pu, Gown all civil power, and treat the whole
body Of the citizens as soldiers OF the army
The first article Of the amendments TO the con-
stitution Of the United States declares, among
other things, that "Congress shall make no
law respecting the liberty Of speech or the
press" If Congress, possessing the legisla-
tive power Of the Union, be prohibited from lie.
gislating respecting those rights, let it be ask
ed by what authority Gen. Jackson undertook
the regulation Of the press at New-Orleans! BY
what authority he ven,ured to imprison citi-
zen for newspaper publication; declared him
guilty Of an attempt TO create mutlny IN MS
camp; and subjected him to trial by military
cour, martial? Is it possible, that either you,
or the good people Of these States, are prepar-
ed thus 10 surrender such important constitu-
tional rights, and tolerate in Gen. Jackson the
exercise Of power which Congress is denied
the right to legislate in any way respecting; and
still proclaim that he is The champion OF the
peoples rights, and that his election will be a
triumph Of democracy oh, strange democra-
CIV! II cannot be: such degree Of delusion
must be reserved for more degenerate days than
any we have yet seen The third article of the
amendments 10 the constitution declares, That
no soldier shall, in time Of peace, be quartereG
in any house without the consent OF The owner;
nor in lime Of war but in manner to be pre-
scribed BY law" There surely is nothing in
this which would authorize commanding ge-
neral 10 subject whole State to military law.
On the contrary, if the constitution had any
---------i-- ''.--'
entered into the contemplation Of its trainers,
they would not have been SO particular in pro-
whilst the persons Of the citizens were made
subject TO all the severity Of martial law. The
thing is too ridiculous; the veries, petty-fogger
in the land ought 20 be ashamed to contend for
The existence Of such power. And here let
me ask, If you suppose that the sober sense Of
the people Of this country will permit them to
agree, that so gigantic and dangerous power
shall be used at the discretion of the man who
may at any time WELD the military forces of the
Union! II they are, will take the liberty of
saying, that the time will not be long till they
find their liberties in the hands Of Dictator
The 5th article of the amendments contains the
following: ono person shall be held TO answer
for capital, or otherwise infamous crime,
unless on presentment or indictment OF
grand Jury; excep, in cases arising in the land
or naval forces, or in the militia when iii aetu-
al service in time Of war or public danger; nor
shall any person be subject for the same offence
to be twice put in jeopardy Of Lille or limb, nor
be compelled in any criminal case to be wit
ness against himself, nor be deprived OF life, Ii
ber;y or property without due process Of law"
The 9th article is as follows: In all criminal
prosecutions the accused shall enjoy the right
Of a speedy and public trial, by an impartial ju-
ry of the state and district wherein the crime
shall have been committed, which district shall
have been previously ascertained by law, and
be informed of the nature and cause Of the ac-
cusa,ion; TO be confronted with the witnesses a
gainst him; TO have compulsory process for
obtaining witnesses in his favor; and TO have
III. ,ss;stance IF counsel for his defence