Richmond daily Whig. [volume] (Richmond, Va.) 1842-1861, 1842-12-14

scope of Martial Law IN general With n...'s, anu
view OF the case Of the punishment of General J,ckson
ior contempt OF Court by the imprisonment of Jadge
IN the year 1915, for acts done in the d;srh.rr - -;
civil authority. The narrative Of the facts Of ,h., 60
coming, as we have reason To believe does from a
source entitled % entire credit aud respec and o,,,
justice u the General wherein his conduct ep,Ied H.;
credit IL particularly acceptable u.s. and we doubt NO,
VIII De welcome to our readers, the present moment
when the President Of the United Statee has though, h,
incumbent upon him, in the formal manner IN nv,,
congress Ia revive question adudicated all bur hirtv
years ago. ana To relieve Genera! Jackson from he cir
cus1nces" IN which that Judicial decision placed him
we therefore ranser to columns the whole of that mar
rative, as follows:
EXTRACT FROM THE LETTERS OF KENTr-cHIAS-
ON MARTIAL LAW
FROM TUE LOUISVILLE JOURNAL.
There mas been instance of martial ls,v in rno,
Tor the last hundred and fifty years. none in this conn
Try since tine Declaration OF Independepc, Inn, ,ha, -;
by Gen. Jackson New Orleans Washpgton csr,ied
he country successfully through the years war of the
Revolution amidst spies and traitors without finding ne
cessy feeling himself authorized TO resort IN snch
means Baltimore Open unfortifed civ and every
way very similarly circumstanced New Orleans was sue
eessuy defended during the last by the
efforts OF Its citizens who voluntarily rendered more
vice IN the way OF personal than could have bee
eA9teu oy any amount OF coercion. This, too amidst
daily denunciations from the Federal press against TN,
fesieent tor corruption in getting the country into the ar
ana oi lmbeciy IN carrying il on; denuncisions thai
never ceased unnl the press itself stopped is when
the editors and their workmen with the aacrtv of NH
other citizens shoudered their muskes 10 meet the enemy
IN the field Indeed the whole idea of EXTRACTING bv GO
eEcion from freemen, the effective
ioegn invasion, IS based upon wrong conception of the
genius OF Republic. All history proves that the paro
us and public spirit Of Republic more effective in
calling forth IN the hour of need the utmost energies of
STATE han all the coercve powers of the most absolute.
despotism.
True as this undoubtedly is, in the general vet the
case OF Cen jackson, when he the command al
New Orleans peculiar one recurring a ne sunnosed
acton from him upon contrary principle The difference
oi haD manners, and language of the casscss of DO
fneFn had IL.
ana ASSOCIATION so necessary to mutual and conf
eence; Certain Americans OF prominence upon no known
ou upon me authority OF mere SUSPICION industrious
~ infused into the mind of the General culunnous s,,s
pcion OF the loyalty of the French part of the popuaton-
Sueh suspicious never could have been whispered more
susceptible ear. No man ever habualy dis
tsuu oi the good intentions Others who was SO exact
ing as to the unbounded confidence he required to be pa
Geo IN ns own there never was one more apt think
himself the only safe depository of power.
"Under the influence of these suspicious ne nroclar,a
martial ln and caused be enforced upon the members
OF the Legislature by either hristing them out or keeping
mem out OF their Legislative halls with al armed force
NO coercion however used required to make every
man DO MS duty IN defence of the country The population
oil ali classes the approach enemy forward
ms ana with nmiiy and aacrty zeal that would have
honor 10 tue people OF city State in the Union
ana when iy retuted the caumnious suspicion against
mem But they it still satisfactory refuation
IN e language OF their eloquent Senator they noby re-
uteu al the lannon's mouth. Ii well be said there
lore mat Orleans saved, by but in despite
o. aw Tor 80 gross insult themselves and their
u
uo" anu osahecuon When man performs any remarka-
Die ieai he Is apt to consider only means actually
USED, ou all mere accompanments, having been neces
say TO the result; and the world ready take il upon
ulst from him that the fact This illustrated bv
ioibe OF Bonapare. He TO think and saw that the
sun OF husterhu was propinous his victories Hotspur
would nave answered him that the would have shone
e same III your mothers cat had but kitened" that
day bonaparte did greater injustice his genius by
@cfiohg any portion ci his military achievements mere
sunshine than does General jackson do u his own military
of rlz
to martial law Beside what belongs TO the vaor of ms
uoops Is justly ascrbabe 10 but that OF his
neoaoe nerve end energy, and that geanan faculty OF
husins ms own spini into every one about him.
After the decisive defeat of the enemy his evacuation
Of e country and the reutaton by the people of ouisi
ana "i e caltlnny against tnem due them thar
there should have been immediate revocation OF ,nar,
law, even though such step should have implied mag
unanimous concession that it never had been needed
"hat was the motive for keeping up afterwards il left
10 CONJECTURE and even conjecture is loss assign
rational one The experiment had shown that the chords
inc public heart beat true, and that in the hour of need
ne couo make Them respond TO ms touch. The
whole military force OF the State was under his rieh,f
command Why continue the assumed authority over
hoeonbaans why continue the interference with the
rlgnuul prerogGves Of the civil authorities Was il hire
y TO prevent information from being conveyed 10 the
my II SO, the motive wholly inadequa for there
was nothing TO communicate that he could care about their
notwithstanding but that he daily increasing the
number OF ms men, improving their discipline and other
Wise getting better prepared for defence But that wns
the OBJECT he entirely failed in accomplishing what was
! NJ
tne BRITISH officers after the peace that they were fully in
formed of every thing that happened in the CITY from frs,
20 last So impressed he that the decisive bate had
etvctualy crippled the that shortly afterwards no
Wrote the Secretary War that the enemys last exerons
nave been made in this quarter any for the
season
'On the 18th January the enemy had re-embarked hs
troops On the 18th February he Oft Mobile distance
VI ioo mics and never again approached nearer TO Orleans
20 e SoH' ir: LIVINGSTON returned from the feet icith
information, derired from the ADMIRAL Of me ir,ay of
peace On the 22d was confirmed from another nay,y
and nobody but General Jackson doubted its tn1tb 90
neral discomfort at the unnecessary keepinRp of martial
law and the exacuon OF constant military duty from the cit
zens began 10 manifest ITSELF but more particularly on bo
part OF some two three hundred domiced but ,Innat
allied trenchmen, who, though compeable TO serve
against nation then at amiy with France yet had voun
eed heir services and rendered such gallant and yauo
Ole and IN obtaining the great victory 70 oxort the spec
commentator Of the General himself These men com
planned that they unnecessarily kept in
eneempment some miles below the city, and away from their
business and trades upon which their families depended for
support, whilst other Louisiana militia from distance who
had neither families business there were
quarered in the city. To relieve themselves they claimed
and obaincd exemption from military duty ON account of
their aiicnagc but the General Immediately issued an or
der banshng all who had should obtain such exemption
TO Baton Rouge, $50 miles above the city
"On the Sd OF March, there appeared in an Orleans new.
paper, temperate and sufficiently decorous remonsrnncc
against this order Of banshment first because Of the ind
nifty and injury inflicted who deserved very diff
rent requital OF their gaan; second because il violated
rights secured under the treaty with France third because
it violated their right protection denizens under the
Constitution OF the United States; fourth because the
era could have right alien friends whilst the
act OF Congress only authozed c President himself 90 To-