Richmond daily Whig. [volume] (Richmond, Va.) 1842-1861, 1842-12-21
To The Editor Of the Wig:

To the Editor Of the Wing:
As the acting President OF the United States has thought
fl, gross violation OF all good tsste travel out OF the
way and recommend Congress the reunding General
Jackson the fine mposedon him in sl5by Judge Hail. and
the Legislature of Virginia. true to its vocation OF inter
meddng with Federal Affairs has forward to second
the recommendation il will not be deemed unsuitable
occasion to refresh the public recollection with brief
ment Of the facts of the case.
Most persons suppose that il the proclamation of
Martial Law about the time of the battle OF the 9Th of
January that led the infection OF the ne in question
and sssociang the fine with the employment of military
law as one of the that helped oaccompsh the spen
did victory New Orleans, they award justification and
puny the successful Hero, not dreaming that the au
rcs which the 9Th Of January than
furnished by violent and inc scusabe proceedings of the
Sd Of March ensuing Into this error, Mr.. Powell, the
Of the resolution in the House OF Delegates on tins
subject has evidently fallen His resolution proposes to
refund to Genl Jackson the amount OF hne nat i'm
posed on him at the Of the attack and defence Of the
CITY of New Orleans, in 1915" There Is gross in
tsi., and the facts are these:
About the 2nd OF Sd day of March, 1875 Mr. Loualer
member of the of Louisiana animadverted in the
public prints upon the conduct Of Gen Jackson in
csng unnecessary gour IN the enforcement OF martial law,
nbout the Of the 9Th Of January previous For this he
was instantly arrested by order Of Gen Jackson and thrown
into prison. -
beas corpus, in behalf oil Louaher Judge HAL was also
Mr. Dick the District Attorney next applied to Judge
Lewis for Of habeGs to release Judge Hall;
contempt Of law, imprisoned Mr. Dick
And lastly Judge Lewis, having granted similar writ in
favour of Mr. Dick himself punished with incarcera-
ton Thus, Representative OF the People, oae District
Attorney and Judges were successfully jailed For
these extraordinary proceedings, Gen Jackson fined
81 0OO and this the fine which the acting President
asks Congress 10 remit
may safely challenge the production from the civil his
tory Of modern times, OF outrage 10 parallel this In the
first place. representative Of the people was subjected
ncarceraton for doing what every free white man in Anne
rca has the undoubted right TO dofo crlcisng the public
conduct of public funcOnary. An unmitgaed Despot
that citizen Representative Of the people, dare not speak
out against Tyranny, lest the strong arm OF military power
On uIi him into dungeon!
Secondly; In taking upon himself TO Illustrate the great
preroRadve whit Of habeas corpus he assumed power
which even the Congress Of the United States
else except under the EXTREMIST Testrcons This writ Is
the great barrier infeposed by the wisdom OF our Fathers
between the liberty Of the citizen and arbitrary power; for
IA the proud boast of every citizen Of this happy Union that
there Is no power OF tribunal beneath Hoovens canopy
that can wresf from him, this @gis Of his
rights save his Representatives In Congress assembled; and
that even fev dare do IT, unless in emergency
immineny threatening the public safety as TO require its
suspension throughout the Union Such s the wise provi.
sion Of the Constitution No human poioe but Congress,
can suspend the writ of hSbeas and even Congress
cannot touch the sacred privilege unossn time Of pressing
invasion rebellion, when an oveHning necessary snail
demand the suspension Of IL throughout the Republican
extremity which, probably will never occur Yet,
what Congress dare do, Gent Jackson did not scrupe
perpeuse under circumstances involving peculiar enor
NIFTY
Thirdly There was not in these cases, the slightest
ccssynot the preex for these awess proceed.
ings save the qualification Of the bad temper OF violent
arbitrary and vndictive The yrsnnica and oua.
eous conduct that caused the imposition Of the fine, did
not trsn.ps until nearly two months after the battle Of the
f Of January to-its the Sd day Of March, 1915. All
danger had vanished wolounded runour had reached
New Orleans Of the ratification Of pcsee-the enemy had