Constitutional Whig. [volume] (Richmond, Va.) 1824-1832, 1828-08-20

tyrant's plea, necessity. That such q r1ea-
sure vas necessary, have the authority O!
inc louisiana legislature for doubling, and
zen. jackson has Gov. Ciaiborne's word FOX
believing. If all that Gov. Claiborne told
hifn wofe proved to be true, should still de-
ny the necessity. During the arduous strug-
Sic vi sile revolution, martial law was never
once proclaimed. Amidst the dcstructio
" . ci'is war, when whole regiments of re-
'u@@ees ana torres were embodied LII the ser
VIC o. The enemy, and their friends and kin
cred dispersed over the country. Gen. WASH
i.Stoh, though tor a ti.ae clothed with almost
SuctatoUal powers, never proclaimed martial
NV When Gen Greene was flying before
-oto EofaWai!is through the Caroli1as, and
ins enemy was deriving almost Us much
aio from The tories rs he could obtain from
tnc wings CT that country, he yet never
Procia AIMED martial law Did they want
prudence, clrcuinspection, energy! No, si,>
hut victory over the enemy would have had
no cilaFms for them, il achieved at the ex-
Pense OF liberty. The ready resort to yiolcu.
measures, LII ai.sltuatioEs OF difficulty. is &c
,!e'dly tie result OF weakness Of understand
ny ana Wickcdness Of heart combined
S!sul make one Ipoge remark upon the
!siicipie OF this measure, which those who
nave stOclcd our institutions only will think
! aosutoty supe5Huous, but which whoever has
Studicd our history also, will allow to be seq
sonablc. There is no man or BODY Of men
IN tilis nation, competent, under al.y Circunl-
stances, to proclaim martial law within o,ll
own territory. The President cannot; Con
SFcs5 cannot: the most they can do, is to
suspend The hR6eQs corpns in two specified
cases, INVASION and ilsurrcction, and then
only when necessary. The invasion or in
suEcciion docs not i,pso tacto create the ne
sity.
Eut, II the necessity and wisdom of this
measure. and Gen. is competency 70 a.
aopt and cniurce it, be all granted, let us
see, whether in the actual exercise OF the
hgn rrerogative with .y!,ic,, he had cloth
ed himself, he preserved any bounds of rao
aeratiqnf whether lie stopped short Of Elk
tfenes, Which no necessity required, which
no expectancy recommended, and 10 which
ne could have been melted, ouiy by the In
toacntion ct absolute power, the wanton-
ness OF caprice, or the madness Of passionl
~ Mle the event Ct tho contest was wei
doubtful, on the vague i.sfurr,at;nr.. &C one al
MS AIDS, lslr. Duncan, that q design was aoj-
tateii among the members Of the Legislature
10 propose capItuiatlOn AID surrender to the
! invading enemy, Con. Jackson, t!ourh h
must have known, that n the actual state.o
things (nartal lazy still nreya;lIna) such ;
design could not be executed without hi.
consent, "ordered Gov. Claiborne CLOSELY tc
watch the conduct Of the legislature, and
tine iacacnt the project Of Offering n caD;tu
lafion TO the enemy should he fully discIosad
To arrest The members, and hold them subject
TO l:s future orders. ,Ehe Go,erncs. ~ he
zeal 10 execute the comnand. and from q
lear oi the consequences Involved III such
! ccnhHct, construed a imperative an order
winch was merely co:1tiC GENT, and piaciuc an
armed iorcc st the docr Of The capitol, pre-
Fe2tcd NC members from coaveuipg and
Their schemes from naturia9."t Che bisto-
t!an does assign another reason ior Gov Cjo;.
horne's precipltancy: which have heard and
have no doubt iras the true one; that Gen. J
had before threatened to hang him. if he
should hcsltata 20 do whatever he yas con-
nanded, or presumed to exercise his own
udgmenf.-B if the Governor be RESPONSE
bic tor shutting the doors Of the legislature
IN the first instance, who is &c bear the blame
fot keeping them shut? Tor, in fact. then
'ec.'e kept SHIT, from the 28th Of Dee. 1919.
til about the Goth Jan. 1915, uhan the enc.
my retired to lis ships.T
| After the enemy fo;lc1 and broken, had
abandoned The enterprise, surely the suspcn-
sion Of civil Law and Justice, and the trran-
ny OF martial law, could no longer be noccs
saTy. Was civil liberty yet restored the citv1
No military deypoti5nl was still stcrn!y main.
!tancd.
I On the 10th Of March, ADMIRAL Cochran,
announced through Mr. Livingston, who
had been sent to tie British fleet to settle a
cartel, that news Of peace had arrived at ia.
n1aica. Certainly the necessity of military
dcspotism WIS no1y at an end Did Gen. ].
relax his absolute authority? IT was only
the occasion Of cnsIaying the press 70 his in
prb7otor.
4 few days after this intc!:j~cnco. Dir
LouaiIIier, member Of the leeislaturc, RIB
lishetl paragraph in the newspapers, calcu-
lated, VIC arc told, to excite rlifiny aaonc
the troops, and to afford the enemy .intal-
gcncc Of the situation and disposition Of the
army. The printer is incontiaontly brought
before the General, and compelled Nhe poor