Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1828-01-24

Is, Inn
city OF New Orleans within the limits of his camp
10y encompassing it with chain of sentinels aud
extending OIL consequence over il, (what the at
tornes call martial law the influence of the rules
and articles established by Congress for the ,.ov
ernmcnt OF the armies of the United States. wheth
or oil regulars, or militia. But this extensive cas-
raIneniauoi, which made populou. city seem TO
refoive around small army, as objected To- Facts
will show, with what Justice
When Gen. Jackson arrived az New Orleans, te
iouia the population prostrate with fear and des-
pondency. Ills presence proycss and activity
awakened very different spiIit--the patriotic
CITIZENS m2niiesting aidor and confidence, and
GRADUALLY distinguishing themselves from the dis
ahected French, who, under the auspices OF the
rench consul, and out of gratitude to the En-
Ssh for the restoration Of the Bourbons were dis
covering ian awful squirting at monarchy Gov
ernor Claiborne had written 10 General jackson :
" the country Is said 10 be fillsd with spies and
traitors there is in this city greater spirit o.
disaiiecuon than had antcipated''-'' my great
est difficulty is with the European Frencb,ncn
VINO, after giving their adhesion TO Louis the Eioh-
teenth, have, through the medium OF the French
CONSUL, Claimed exemption from the drafts as
French Subjects though they Lad come into the
American family OF choice, under the treaty OF
cession' and exercised the rights OF citizenship
ever since, aS Gen. jackson discovered by insnec
ing the election polls. The Governor adds, that.
ai'er consulting legal advisers, he had taken JUROR,
himself TO Danish suspected nhabitant, by order
ing HIN TO depart from the state in forty e;ph,
hourS. so sensible indeed, were all the faithful
CCiIAehS' ana every prominent authority in New
Oiieans, oil the necessity, OF removing all obstruc-
IONS TO the enforcement of the paramount law o.
sel-defencc, that the Legislature, hayina no now
TT uToer the constitution TO regulate or restrain
commerce, passed an act, idyiag an embargo,
which the Governor sanctioned. and the ci,izSps
acqu;esced in. In that case the I,esisI,;,,ra ,ct
cd and wisely acted, the principles of selfnre-
ser'auo', recognized in the preamble TO the Con
s9tuuon, ito provide for the common defence >,
ana did that for their constituents which CONGRESS-
- "hoin they had delegated the power would il
they could, have done for them The Iee,;sla
ture also passed a law, closing the courts o; ;us
uce Tor tour months, which the Governor assented
10, ana The Judiciary solemny approved And
'udge Hall himself, discharged without bail. or
recosnizance, persons committed and indicted for
capltal offences against the u. States-concurrino,
with the other departments of power, in their con-
vicuon OF the legal necessity Of superseJ;ny tba
less essential and elementary provisions of law by
qie great law OF self-defence. And was General
ackSon, who held all the power Which the United
otates could exert in defence of this i,nort,p, d
vulnerable position TO resist these practicaI araio-
ges, and revolt from this great law, at a moment
"heh the wi1t of hdbcGs corpus was perverted TO
endanSer liberty, when the hopes of the nation
thc interests OF millions, the lives of thousands
ted on his single arm? Was he to repeat for his
country the BtGdensburg races or 10 fiqht for bnr
the battle OF New Orleans!
Had he fashioned his conduct to suit the taste
and win the applause OF the Richmond meeting he
might have had Generals and Attorney Generals
Darristers and Merchants from the city caperinp
ioout MS INES, discouraging his men, disconcert-
Ing MS measures and scamperng away from the
enemy. lie chose rather TO have citizen soldiers.
ana 10 make those who owned the prize contended
ior share in the toll and danger of its protection
r1ch and testy dealer in cotton, who looked a, if
out Tor these vile guns he would himself have
cd fln
piing up cotton bales against WelIington's irwin
cibles, and requested that he e'lcoa,td 0ppoint n
sudfd JoT ms cotton" Certainly" REPLIED the
General, "ycur request shall be complied with
mere sergeant, give this gentleman musket and
aihmunuon and station him in the line of defence
no one can be better qualified TO guard the co,ton
t''an tiie owner OF it,. Thus the dealer was dealt
"iH' ms commanding spirit, confirmed by the
example OF the other authorities, and by the pres
sure Oh uie moment, suggested to Gen. jackson the
piuuehce OF comprehending New Orleans itself in
ms camp OF taking the city he was to defend I'M
DER MS protection. The measure was discussed
WIN eminent citizens in the presence of judge
nan, and, approved by others, was not exceDted
% oy NM IL was advised and adopted distinctly
on the ground of public necessity, of which ali
were convinced, aud none even now can doubt
II the noted Loualiier, under the influence of the
royalist Blanque, and the o1icious Judge, Gyhose
iaut Is atoned by the fact that he soon repented il
ana he died sincere friend and admrer of Jack
So'l't Drought 1cihoW necessity and upon a secon-
dairy principle, the civil authority into collision
with the military power, when exertcd from ne
ceSS1ty and for tine primary objects Of the constu
t!on 1t was no fault of the General Il is rot the
ufile tnat enactnents, provided for the liberty
Oh 'he citizen, have been found temporarily in
compatible with the safety Of the state Hence
the Wen known maxim of the civil layy-Titer mr..
ma silent icgeS. 1t is not the only conflict that
mas or can be found between seYarate provi ions
1r between the end and details of our constitution
reaues, when approved by the Scnate-and ratified
" e PRESIDENT, are declared TO be ''the supreme
, avs Oh the land, and yet the members Of the
rouse oil Representatives claim, and Justly too
me right OF Gisregarding this supreme law, and Of
", aterpoSng their power over bills Of reveaue.-
nc Tl5ht Oh property is secure under the constitu
oh una yet IN certain military officer NAV
Ne 'le means OF subsistence or Of Transportation
Sd'hl9 only Iuir compassionate the owner on
ne just ground OF necessity. The trial by Jury
$ the birthright of the citizen, and dearer r~;,
nan that secured by the hubers coyDus. and YET
nc Judiciai power sets this right at defiance and
furnishes Tor contempt, without the Intervention of
jury, upon the ground Of legal necessity II, ii
'laton of the same right, our LeoisIatiye bol;os
punish arbitrarily any citizen who may atterp, an
'Du9e OF their dignity privileges AID Mr. CLAY
himself exercised this power in the case of Johy
Anderson. The truth IS, these anomalies must he
Diefdleo even IN our fair and effective system on
ne ground oil necessity. They are essential In Tho
principles they seem to oppose. The inconsi,ten.
y oil military power with the spirit of our insitu
ions, arises from the nature Of thinrs-not from
ne character OF this or of that COMMUNICATION
he opposite characters of peace and war, and the
diverse dispositions Of mind on which these condi
ions OF society are founded. Force rs the princi
ne OF war Equity the spirit Of peace. These
Ho elements, however elaborated by civilization
u fhinincd into consequences, cannot be divested
u thelr original discordance. The prudence Of our
and the patriotism of our citizen; nav.
u most instances prevented their collision bt,,
-ouailier and Judge Hail determined 10 bring them
1to conflict. On The 18th Of February, Admiral