The Ohio Democrat. [volume] (Canal Dover, Ohio) 1840-1900, 1842-04-14

h 10 been defeated, ana WIN IoSSi Bnt lhAi loss
w,ato be repaired by expected reinforce
ments. Their numbers s; much more than
qIhdrnped all the regular forces which the
respondent could command; and the term Of
service Of his most Efficient militia force was
ahnu, TO expIo. Defeat, to a powerful and
active enemy, was more likely to operate as
an incentive TO removed aud increased exer'
tion, than 10 inspire them with dependency,
or to paraIyze their efforts. a treaty, ii is
true, had been probably signed, but yet it
might not BIZ ratified. lis contents even had
not trauspred; so that no reasonable coniec-
tuTe could be IuTmad whether il would be ac-
cep,Gblc; and the Influence which the account
oflhe Signature had on the army was deiele'
rious in the extreme, and showed a necessity
f.r increased energy, instead of relaxation Of
discipline. Men who had shown themselves
jealous in the preceding palt of the campaign
became Iukewarm in the service. Wicked &
weak men, who, from lholr situation in life,
ough, TO have furnished better example, se-
creIlyencouraged the Split Of insnbordinG>
ton. They affected 10 pity the hutdshlps Of
those who were kept in the field; they fomen'
ted discomfort, by insnualiug that the merits
Oflhose TO whom they addressed themselves,
had not been sufficiently noticed or appauded;
and di order rose 10 such an alarming height,
that at one period only fifteen men and one Of
fcer were found out of whole regiment, sta~
toned 10 guard The very avenue through which
the enemy haC penetrated into the country.
AT another point, equally important whole
corps, on which the greatest reliance had
been placed, operated upon by the acts Of a
foreign agent suddenly deserted their post.
"If, in trusting 20 an uncertain peace, the
respondent had revoked his proclamation, or
ceased 10 act under it, the fatal security by
which we we're lulled would have destroyed
all discipline. dissolved all his force, and left
him withou, any means Of defending the coun
try against an enemy instructed by the trai-
tors within our bosom Of the time and place at
which he might safely make his attack. In
such an event. his life, which would certainly
nave been offered up, would have been but
feeble expiaton for the disgrace and misery
10 which his criminal negligence would have
plunged The country.
HE thought The peace probable, but by
no mean certain event. lift had really ta-
ken place, few days must bring US the off,
cial advice Of it.; and he thought it better 10
submit, during those few days, 10 the salutary
restraint which had been imposed, than to put
every thing dear 10 ourselves and TO our coun
try, at risk, on an uncertain contingency. Ad-
nit the chances 10 have been hundred or a
thousand 10 one IN favor of the ratification, and
against any renewed attempt OF the enemy,
what should we say or think Of TT prudence
of the man who would stake his life, his for
tune, his country. and his honor, even with
such odds in his favor, against few days an
ticipation of the blessings of peace! The res
pondent could not bring himself 10 play SO
deep hazard: uninhuenced by the clamors ol
the ignorant and the designing, ne continued
the exercise OF that law which necessity had
compelled him to proclaim, and he still thinks
himsel justified by the situation Of affairs for
the course which he adopted and pursued
Has he exercised this power wantonly or im-
property Ifso, he is liable, not, as he be-
jicves, to this honorable court for contempt,
but 10 his government, for an abuse of power
and 70 those individuals whom he has injureo,
in damages proportioned to that injury"
The law of self-pr reservation is paramount
10 all other laws, with States as with lndlvid-
uals. "ln The midst of arms the laws are ST.
lent" admit that The right TO declare mar,
tIal law must be placed on the ground of ne
cessily alone, but Of that necessity the Com
manding General was the sole judge. That
he Judged right, have never entertained
doubt. He rsked his life and well earne'
reputation on the issue. If his country hat
condemned the act as unnecessary and wan
tom infamy and disgrace would have follow
ed him 10 The grave. And can this Senat
question the propriely Of his conduct on thi
OCCASION when he has been declared by lh
whole nation the deliverer of his couuIry 70
this glorious act, and rewarded by The creates
gift in their power TO besow-the highest 81
ton among his fellow mena
LouaIlier, then, was arrested for sufticier
cause. A military tribunal could alone judg
him, for be he bad committed a military oi
fence, ''atempiug 10 excite mulny. and CIV
inr intelligence to the enemy" Hall, TIT
district Judge of the United States court, VIII
had been kept quiet hitherto, now thought pro
er, Sc up his authority against that Of tn
General. He issued writ ofhabeas corpu
10 deliver Louaier from custody; this was a
ac, ofnuliny, and ifireated with ngor. woul
f have brought him at once before military tn
bunal. The Commanding General, instead
being severe with him, pited his ignorance
his duty, and dospising his malice, ordere
him 10 remove from the camp, with these 10
structioRs: ..
n,nnor IN aand Won haVOn