Martinsburg gazette and public advertiser. [volume] (Martinsburg, Va. [W. Va.]) 1826-1833, 1828-01-03

am sorry 10 say any thing that may seem to
affect General Jackson's private character; but
| mast remark. ths, the grant OF lands be after
wards obtained from ne same Creeks (the vii.
ling tribute of gratitude, no doubt, for his ten.
der mercIes towards their name and race) was
contrary 10 the known policy ofihe government.
Il IVES no, the Executive, however. but the Sc.
nate. that refused 20 give it sanction.
have here. 10 mention a. tact, which, strik.
ny AS Il IL, and decisive OF the character ofthe
man, IS hardl, remembered, IL be not ALSO.
ntely forgotten, except by few curious obser
vers. General Jsckson's recsni seizure of ST.
Marks and Pensacola. is not the FIRST instance in
which he has, of his own independent sovereign
authority, declared and wagsd was against a
pation wi which his country wa. at peace. In
Nov. 1914, he took Pensacola by storm. though
| re contessediy knew y, the time tina, the act
was Contrary to the views and policy of the go
vernmentS The Executive whose commission
he abused. Congress, whose powers he usur-
ped. looked on in profound silence. As TO the
American people, they have ever seemed to
| Imagine il impossible, that On invasion of the
rights OF spain could be accompanied with an
INVASION Of their own.
| Turn your eyes now, sirs, to the principal
scene OF Gen. JacksoD's glory: happy! if il
were not also the scene of unrestrsined violence
aud tyranny, iwould detract nothing from the
real merit he displayed in his memorable de.
fence Of New Orleans in l8I4.15. Iwouid not.
# the occasion were proper, enter into any cri.
| ticism OF bus military operations; or attempt 20
| sscribe to fortune, any portion of the glory,
which skill and vslor claim Thai his success
was complete, that his victory was no less ben.
eficial IN its consequences than brilliant in its
achievnsn'; all this gladly acknowledge But
to thst extravaganza of national gratitude,
which bad manifested itself in tame surrender
ofthe constitution though but for a time, aad
ofthe civil liberty of any portion OF the good
people Of this union how distant and small soc.
yer, never viii assent, while have breath to
make my protest heard.
Gen. Jacksons first step, after his arrival at
! New Orleans, was TO propose to the Legislature
OF Louisiana, then IN session, suspension of
| the habgas corpus; induced, il is said To recon
mead tbs, odious measure, by representations
made 10 hun by Gov. Claiborne Of the di.afec.
ton Of the people. If the Governors appre.
benson were mol inspired by the General rim
self, the General knew, as we'll as any body,
what reliance was to be placed on the Govern.
or sJudgment. The Iegisia knew its con-
st'tuentsas well as the Governor, and better
tam the General: thai body certainly was not
dissfteced: It was doubtless the hes, Judge,
whether the proposed measure was necessary
or even expedisnt; and il was deiiberatng, we
are told "with CREST caution" Gas well as il
might "upon its right and power to adopt such
| a measure, when Gen. Jackson not only sus.
pended The ha6eas corpus bun proclaimed narnaI
lac Forthwith he city Of Nea Orleans aud its
envrops were converted INTO camp, and put
under rigorous military police
He rests his defence of course. upon the w..
rants plea, necessity. That such a measure
| 4 ha oh of I
siana legislature for doubling; and Gen. Jack.
son mas Gov Ciaiborne's word fav belle wing n
| all that Gov Claiborne told him were proved to
| DC true, should still deny the necessity. Dur.
ing the ardaous struggle of the revolution,
martial law was never once proclaimed. Amidst
the destruction OF civil war, when whole reg.
ments OF refugees and tories were embodied IN
the service of the enemy, and the friends and
kindred dispersed over the country, General
| w sshlngton, though for time clothed with
almost d:satorlal powers, never proc iainled
martial law When Gen. Green WAS flying
before Lord CORVALLIS Though the Csronas,
and ms enemy was deriving almost as much aid
from the torres as he could obtain from the
whlgs ofthat country, eye, never proclaimed
martial law. Did they want prudence, circum
spsction. energy; No, sirs; but victory over
the enemy would have had no charms over
them, if achieved at the expense ofhberty The
ready rssort to violent measures in all situations
OF difficulty, IS generally the result Of weak
ness understanding and wickedness of heart
combined.
| shall make one more remark upon the prin.
cipie OF this measure, which those who have
studied our institutions only will think absurd
liy superHuous, but which, whoever has studied
our history also, will allow to be seasonsble.
here is No man or body of men In this nation,
competent. under any circumstances. to pro
lciaifn martial law within our own territory. he
President cannot: Congress cannot: both oc-
CURING cannot: the most they can do, IS 10
suspend the ha6sas CORPUS in two specified cases,
INVASION and nsurrection, and .hen only when
necessAry Ihs invasion or insurrectio1 does
nos tpso Jdcfo create the necessity.
| blt, 1t the necessity and wisdom OF this mea-
sure, and Gen. Jsckson's competency to adopt
aud enforce ~ he all grantee let us see, wheth
er IN the actual exercise ofthe high prerogative
with which he had clothed himself, he preserved
any bounds IF moderation whether he stopped
short OF extre mes, whlch no necessity required,
winch no expediency recommended, aud TO
| which he could have been inc,ted, only by the
lntoxlcation of absolute power. the wsntonness
Of csrrice, or the madness of passioni
! While the event OF the contest was We; doub-
full on the vague information OF one OF his aids
Nr Duncan, tina, design was sgits,ed among
The members OF the legislature, to propo Sc
lcapituation and surrender to the invading
enemy, Gen. jackson, though he mus, have
known, that in the actual state of things (martsl
llaw still prevailing) such design could not be