Staunton spectator, and general advertiser. [volume] (Staunton, Va.) 183?-1849, 1843-01-12
70 The Editor If he Riehmoad sJz:e.s

As ''0 swung Nt0sioeht OF me UNITED States
has though, fit, In gross violation of all good taste,
to travel out Of the way, and recommend 10 Con-
gress the refaudiag to General Jackson, the tins
imposed on him in 1915 by Judge Hall; and n.
the Legislature Of Virginia. true to it's vocation Of
in,ermeddng with Federal Affairs, has como for.
ward to second tho recommendation, it will not be
deemed an unsuitable occasion to refresh tho
public recollection with brief statement of the
true facts Of the case.
Most persons suppose that il was the proclama.
ton Of Martial Law, about The time Of the battle
OF the 9Th OF January, thai led to the infection Of
The hae IN question; and associaiing the fine With
The employment Oi military law, AS one of tho
means that helped 10 uccvai plish the splendid
victory AT New Orleans, they award Justification
ana lnipunity to the successful Hero, uol dream.
Ing that the iaurcs which We're won on the Sth
OF January were more than furnished by the VIC.
i.h' anu '"excusa6Ie proceedings Of the Sd Of
March ensuing. Into this error, Mr.. Powell,
the mover OF the resolution in the House Of DELI
ega'es ON this subject, has evidently fallen. His
resolution proposes to refund to Gen'I jackson
the amount vi ID fine ''that was imposed OH him
al Tie hne ~ tie attack and dsfe.Se " the City #
Ne,o Orleans, I'm 1875" There is gross error ia
This, and the facts these:
About the End or Sd day of March, 1915, Mr..
Louallier, member OF the Senate Of Louisiana.
animadver.ed in the public prints upon the con-
duct OF Gent Jackson, in exercising unnecessary
rigor in the enforcement of martial law, about tho
9Th OF January previous. For This, he was in
stantly arrested by order of Gen'l jackson, and
thrown Into prison.
Application being made to Judge Hall for wri,
oil ha6eas corpus, III behalf Of Louallicr, se Hall
was also thrust into prison.
MIR. Dick, the District Attorney, next applied
to Judge Lewis Tor writ OF ha6e0s corpus, to re-.
lease Judge Hall whereupon, Gen'l j., with his
Characteristic violence and contempt of law, i'm.
prisoned Mr.. Dick.
And lastly, Judge Lewis, having granted a
similar writ IN favour of MIR. Dick, was himself
punished with incarceration. Thus, one Repre-.
sentative of the People, one Dis,ric, Attorney,
and two Judges. were successfully Jailed. Fo.
these extraordinary proceedings, Gen'I Jackson
was fined 81 900; and this is the fine which tue
acLing President now asks Congress 10 remit
may saieiy challenge the production, from
the civil history of modern times, of AN outrage
to parallel This. In the first place, representa-.
tive OF the people was subjected 10 incarcera,ion
for doing what every free white man in America
has the undoubted right to do--for critcising the
public conduct OF public functionary. An UNI
nigated Despotsm would our Government in.
deed be, II Tree ciiiztn and that citizen Repre-
sentative OF the people, dare speak out against
Tyranny, lest the strong arm Of military power
thrust him into dungeon!
Secondly: In taking upon himself to Illustrate
the great prerosaiive writ Of hoLtas cor,us he as.
United States cannot exercise except under the
EXTREMIST restrictions. This writ is the great
barrier ntrrposed by the wisdom of our Fathers.
between the liberty of the citizen and arbitrary
power; for it is the proud boast Of every citizen
Of this happy Union, that there is no power
or tribunal beneath Heavens canopy, that can
wrrst Tor one moment from him, this Ggis of his
rights, save his Representatives in Congress as
scmbled; and that even MeJ dare not do it, UNI
less in an emergency so imminen,ly threatening
the public safety, as TO require lis suspension
throughout the Union. Such is the wise provi-
sion Of the Constitution. No human poper, but
Congress, can suspend the writ of haJeas corpus
and even Congress cannot touch the sacred privi-
lege, unless in time of pressing invasion or re-
beiion, when an everything necessity shall de-
mand the suspension of it throughout the Rcpub-
lic-an extremity which, most probably, will
never occur. Yet, what Congress dare not do,
Cen Jackson did not scruple 10 perpetrate, uu-
der circumstances involving peculiar enormity!
Thirdly: There was not, in these cases, the
slightest necessiiy-not the remo,est pretext for
these lawless proceedings, save The qualification
OF the bad temper of violent, arbitrary, and vim
dictiVe man. The iyrannical and outrageous
conduct that caused The imposition OF the fine
did not transpire until nearly two months after the
battle Of the Sth OF January, to-wit: on the Sd
day Of March, 1915. All danger had yanished-
d well-founded rumour had reached New Orlean.
oil the ratification Of peace-the enemy had been
totally routed and retreaicd 10 their shipping, and
Gen'l Jackson had himself, in despatch to the
Secretary OF War, assured him that 'he might
consider Louisiana as freed from her enemies"
Such were the circumstances under which Loual-
lier, Judge Hall, MIR. Dick, and Judge Lewis were
imprisoned, and Gen. Jackson fined. Thew had
no connection, 1t " i'll be perceived with the bat
tie OF New Orleans. There was no shadow Of
necessity Tor the outrage-no more than exists at
this moment to arrest The Judges of the General
Court OF virginia, and shut them up in Jail.
10 refund The fine would be to lepalize To
justify, to applaud, the most hig!i-handed exer-
else Of arbitrary power, and the most daring con-
tempt OF the Constitution and the Law, known 10
the civil history Of the Republic. AS prece-
dent. it would be dangerous in the extreme, as
being standing invitation 20 future military
chieitains, to subvet the civil authority, and Ill
timately, the liberties of the people. To the
character of The nation, as law-loying aw.ob-
serving people, it would be at any time disgrace.
full, TO set so pernicious and immoral an example:
but do il now, when the genius Of Generalization
is abroad in the land, and when the reputation
Of the restraints Of law seems TO have become
almost habiual, would be to give the last Keeling
blow 10 public morality, and rapidly accelerate
the already alarming procivity of our political
and social system 10 corruption and decay.
might stop 10 lift the veil from the paltry mo-
ton, but that were work Of superer1oe alton.
Every man Of every party detects in it the misc
rabe ariihce OF propliiating the Lion of the
Hermitage, and through him, ingratiating himself
into Democratic favour. Alas for the mean
shifts to which ambition is drven
HAMPDEN.