Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1828-02-16

80
co. ,he cot,rts of Justice for the space OF feur
rnon,bs 10 which the Gocernor unlesitatngly
cave his assent. and the fstttcidry confirmed In
The SOLEMN form:-a law which, IN its operations,
not only had the effect Of suspendng the writ OF
Io5sos corpus. but Theoretically sealed every
avennc TO the fountains OF justice. Under or
binary circumstances. they would have been
looked upon az the most daring and eiiectnal en-
rro,cb,nept upon the civil rights OF the people.
6s IL ,ras. with a NOBLE and patriotic se!G-donia
thev cheerfuy submitted 70 its hardships, rs aris-
;ng or ye; neccssitcte. This same Legislature, set
ting nm no pretence o! right, except that which
arose mt of the instructive law Or l may be al
Io,yad Tho expression) of sel-deiencc, and in d.
rect CONFIRMATION of established usage, and the
provisions of the Federal Constitution, " passed
an act lduing an embargo, which the Governor
sanctioned, and the people acq,nesced IN. On
der ordinary circumstances, they had no more
,iaht tn pass such an act, than 70 have declared
war against his Imperial Majesty OF all the Rus
eias or TO have sent embassy to the King OF the
Sandwich Islands. But here again their right
snrnnr er rel 7ecessitGte,the great right of self
preservation Had il not been Tor this temporary
assumption Of authority, the enemy would have
been furnished with daily and hourly Intelligence
OF all our plans and movements, the strength oil
our army and every means OF defence; and those
provisions which served to supply our FAM shed
soldiers would have fo,fnd their way TO the float
ing castles of powerful and watchiu Toe
Gen. j., perfectly aware OF the rni, decisive, and
energetic measures necessary-and absolutely ne
cessary-to be resorted TO in such critical con-
iuncture, followed the example oil the Legislature,
in acting upon the same principles OF seg-preseT-
0Gtion-but in manner, which, In i's operauon,
was much less oppressive 10 the l'fuIviuuW flShtS
OF those who eyinced the least inclination TO per-
.orm their duty to their country and themselves,
or even RETAINED from disposition TO favor the
enemy. That very Legislature which closed Tor
the SPACE Of four months, those temples Where
crimes are punished and justice administered,
which assumed upon itself the high prerogatiye OF
laying embargo on shipping; for these acts OF
acknowledged usurpation, except upon me PT1.-
clplc of necessity, have not only escaped the AMI
inadversions of these Adams gentlemen, but have
been honorably mentioned as the insuted victims
of Gen. US military misrulc. No breath OF re-
proach has been INDUCED against the Governor oil
that free and independent Commonwealth, Tor CIV
ing his sanction to those strong and energetic mea-
siires, and they seem to have forgotten that this
same Judge, who has set their sympathy in flow,
''himself, discharged without bail or recosnzance,
persons committed, and indicted for capital oiten-
ces against the u. States, conclYring with the o.
Their departments Of power, in their conviction OF
The legal necessity o. superceding the less essen
tial and elementary provisions OF law oy me great
ldIC of selfdefsnce.'' blame not the Legislature,
Governor, nor Judge, for their enactment and
sanction Of the acts referred 10. think they were
clearly right, and the Adams Convention, If they
have not openly commended, have not gainsaid the
propriety of their acts. They have reserved and
concentrated all the thunders OF their maediction
against the character and conduct of Gen. jackson
While they tacitly sapprove the extraordinary
course of the Legislature, Governor and Judge,
founded upon the generally known principle IN
war, ut necessituS non hG5et Iege,n, they fulmi-
nate their anathemas against the commanding
general, for making the same principle the rule
and guide of his conduct. If those who were
charged will the Legislative, Executive and Jul
dical functions, correct in proclaming to the
citizens that inter oTDG silent ieges with what
consistency can they ccnsure the s'Military Chief
tain,' to whom had been committed city's exis-
tence, for oDeying this wise and acknowledged
&C. 49,
But fellow-c citizens, class of politicians has oil
late sprung up among us, who are so exceedingly
enamored of civil liberty, and 50 alarmed at the
very idea OF military despotsIn, that they become
hystercal at the sight OF cotton epaulette on the
shoulder of militia corporal and are thrown into
convul.ons at the sound Of n toy drum. Men who
have settheinselyes up exclusively (what mise
rable counterfeit resemblance y the Handens
and the Sydneys of modern umeR,--who endeavor
80 display their patriotism by eternally vomiting
forth set catalogue of cabaistic terms, like some
mendcant impostor rehearsing his ballads through
the public streets,-IDen who talk Of civil liberty
as if it were in no danger from wily-diptonldtic
ambition, making it's slow, insidious and secret
approaches by intrigue, patronage and corrIp-
ton, but liable to perish at single stroke of a
harlequin's sword. They arrogate TO them
selves character for wisdom more profound, and
greater love of individual liberty than were C.
WINGED by those good men and true" who franz
ed the constitution under which we live. They
who created that phenomenon OF political science
the sale guard oil our own liberties, were weak c.
nough to imagine, that in the various and uncer-
tain vicissitudes of human events, might
cur, in witch the ciuI authority might be aided
by the arm of military power, when the arrest and
confinement of an individual might be made sub
servient to the public good-when the safe guards
Of civil liberty might yield for moment, in order
TO be preserved forever; when the ''pubc safety, ,
sin cases of rebellion and INVASION, might require
temporary suspension of the great writ OF hd5ed:
corpus. Experience had taught them that even
among virtuous and patriotic people treason
might Turk concealed, until the hour Of rebellion
or invasion gave it courage and opportunity to un-
veil its unhaliowed head. They say, that in such
hour, all the energies of our civil institution:
might be insufficient to ensure the safety Of the
well-affected, and with Distinguishing foresight
they provided for the coming Of such evil times.
appeal to you, fellow citizens, to say if Gen. J
not placed IN circumstances contemplated by
these wise and patriotic trainers of tho constitu-
ton? brave, but cruel and vindictive enemy
eXasperatcd by recent defeat, was lowering, like
the bird OF prey, waiting favorable opportunity
10 descend upon its victim. The soldiers under
General J's command, though brave, were few
and undisciplined. No Alpine heights crowned
with an armed peasantry, ponderous castles
bursting with ordnance, no floating bulwarks, from
whose sides looked the wide-mouthed cannon
no-none Of these defended the approaches tc
that city, whose safety had been committed, as :
holy deposit to his keeping. The cotton bags o
native Land formed the bulwark behind which
this veteran soldier, this aged patriot, and his tlc
band Of Spartan militia fought for all that dea
to freemen-and more fortunate than their proto.
types, they conquered too. A ruthless invader
was driven from soil, city saved from pillage
its inhabitants from slaughter, and female " beau
ty rescued from the accused pollution Of ii
and hrtYfa Ico1ff As.H o.,