Richmond daily Whig. [volume] (Richmond, Va.) 1842-1861, 1843-01-18

think that Gen Jackson in the honesty Of his motives wa
constrained by what he considered 20 be nceeSsU
growing out Of the public wants and the situation o IN
country for the time being, prostatc the civil tribunals
the country, and To assert the supremacy II military law
vote for Mr. H. did not IL tn
present question say, whether ii the placed
that ground he would for rcfunding the money.
In the short portion OF time which remained 20 him, h,
proposed succincty possible, present the Hous
and the country OF the legal grounds which h
chose to rest question and ON which il must rest Ii
order understand the application of the principle fo
which he should contend, MIR. II. would present a brio
statement Of the facts attending this transaction and
doing would leave Of view various circumstance
which it might be proper to take into consideration did
time allow and they discussing the bill ITSELF and
which would far to take away from Jackson all pre-
tcncc for the justification of this The battle Of New
Orleans, well known, fought the 9Th Janua
", 1915. On the Sd March, 1915 article appeared in
the Louisiana Courier, that attributed land he supposed
correctly Mr. Loualc On the 9Th March, Sunday
Loualer arrested by Jackson the day appi-
cation made by counsel behalf OF Louaher, to
Judge Hail. Judge OF the United States Court for the dis.
trict of Louisiana for writ of hsbeas That order
issued by the Judge affidavit submitted to him by
the counsel for LouaeT On the evening OF that day. the
counsel for Loualcr, the suggestion Of Judge Hail. ap-
priced General Jackson OF the proceedings OF the Judge
On the evening of the day. Sunday the 5th) aud
after the OF the proceedings taken by the Judge
Judge Hall himself arrested by order of General Jack
On the morning OF the 9th before breakfast,
martial detailed by Jackson the life of Loua
her In the of the day, e 6h the whit OF habcas
corpus was served Judge Hall kept from his court
under from the 5th the 18th; he kept under
guard llth 18th, and then taken by
soldiers four five miles out Of the city, and discharged
In the document of the Senate No Ii OF the present
sion, gentlemen might find full OF the proceed.
ings which he had time further refer present
This stripped Of aggravang cNtrinsc circumstances,
the state OF the
In determining the question Of law, the first question
which MIR. III. would ask was, had General Jackson
authority to declare martial law, had military officer
in this country, in state OF such Gen. Jackson
placed in, the right proclaim martial law-to
pend the proceedings of the civil tribunals of this country
Ii there such n huh the Amc-
mean People understand il; reference the
OF Cen jackson, for that had passed by twenty-five
years since, but because 1t might become precedent OF
most DANGEROUS and fearful import IT 1t was hereafter TO be
followed by military officers. lie knew it had been said
former OCCASION by the gentleman from Massachusetts,
(Mr. ApANS that there might be circumstances where by
the law OF nations, military officer had night TO proclaim
martial law. ltwas with great didence that Mr.. III.
his opinion against welconsidered opinion coming from
the which he had alluded, but the absence of
any thing like argument submitted by the gentleman, lard
he hoped yet to hear him the subec Mr. II. could
for the life OF him find any thing m the history of the
try from which we had derived our laws and plrt
culay the history OF this country, that by implication
tended the establishment OF any such right the
hands OF military officer. Mr.. II. referred in highly
pimentary the pamphlet by ~ kentuckian,"
which had been laid before hem and said he apprehend
ed II would induce, If not the part OF tins House
calm and deliberate settlement of this question. and set
dement OF it, no doubt in accordance with the Consu
ton and laws OF this country repudsting entirely this doc
trine OF military supremacy.
Mr.. III. had taken the position that military officer or
the President of the United States standing the head of
army, had night suspend the operation OF the
of law, proclaim law; but he did con-
tend that, IN time of war, military commander might
not hnd himself placed in The circumstances described BY
the gentleman from Kentucky, in which overriding ne
cessy should compel him invade the rights of property
and OF person, and that public opinion might sustain him in
that But would the learned gentleman tell him
that when the necessity had passed and the excitement sub
sided, the country would be bound the nd
iuals who IN this lost their property Most assured
ly. And If So did it prove, without going into
this history of suspendng the law of hGbess corpus
ruled entirely the ground of overriding, overNyheln
ing necessity. That necessity had law, and provi
sion should be made for it in advance.
In Illustration of tins position Mr. ii. referred the de-
sructon OF property by General Smith Baltimore, and
the fact that compensation made therefor by the Co
yernment; and asked if this would have been the case if
the military law OVERRIDE and rod into the dust civil rghts
After the deliberate assertion hat had been made by the
gentleman from Pennsylvania, he compelled go TO
first principles where the gentleman got his authority
He would start with the 9th section LIST article of the Con
suuhon OF tie United States, which was in the following
words:
The privilege Of habeas corpus shall not be suspend
ed un~s when Of rebellion th public
may require It."
Who TO be the Judge Of that necessity asked Mr..
H. The President United States or his subordinate
a military commander IN the field No Congress, the
Legislature Of the country be the Judges and the
only judges OF that necessity. He held, when
of rebellion or invasion, and the public necessity might
require suspension OF the wrt Of habeas corpus
that the decision Of the subject be made by this
House and BY the other House Of Csngress-by the law
making in this country. To show what construction
had been put upon that article Of the Constitution would
ask the attention OF gentlemen the only proceedings
which attempt bad been made suspend the operation
Of that writ during the time Of the great grow
ing Of the trial Of Burr in 1907 Mr. H. referred the
recommendation Of Mr. Jefferson for the suspension OF this
wr to the hurried passage Of bill for that purpose by the
Senate and the fact that strong the of the
House OF the necessity Of preserving nvoate his article OF
the Constituton) the House refused by of 1913 g.
into session the subject and rejected the bill
by ll3 to 49, In tins case said Mr.. H. Mr.. Jefferson did
not pretend that he had the subject but
and aLa So
only for three months. He also referred the history of
this subject in England; showing that the time of
James H. there had been instance Of suspendng this
wrlt IL tins was the doctrine OF Great Britain, II would
seem, said Mr. H. that at least ought have great
protection for the life the property, and the rights citi-
zens, guaranteed under that Government.
He asked the gentleman from Pennsylvania tell him
any other time, where Cen Jackson any other
officer, found ms authority for the proclamation Of martial
lawl Certainly was not IN the Constitution Of the T. :.
Certain was that JeiersOn IN 1907 did not suppose
delegated the President, but that matter for legis
latiye control. Certainly there
in the history OF England Where would they find it, He
not contendng that there might not be which
military officer might take high ground and prostrae for
the time being the ciyul tribunals and be sustained by
public opinion.
But, apart from the proclamation Of martial law, where
he asked the defenders Of Cen Jackson those who placed
the ground Of the gentleman from Pennsylvania did
they find their authority show that the imposition of
fine unrghteous judgement which should be wiped
from the records Of the country Where would find
their authority for the Of ouacr whether for libel
for being spyfOr the Of the citizen Of the IT, 5
enrolled in the army Did they find in the second sec.
ton Of the Rules OF Regulations Tor the Army of which they
had heard omethng7 RE would read this second
section:
Sec: 2. lind BE- IL further enacted, That in time Of war
all persons citizens Of owing allegiance to- the United
States Of America, who shall be found lurking, SPIES
or about the iOrhcatOns oncampments Of the armies of
the United States, any Of them shall suffer DEATH accor
ding 10 the law and usage Of nations by sentence of
general court martial"
That the second section, said Mr. H., under which
possible that Mr. IOuaIleT. q
was arrested and tried for HE life. Fortunate 1t that
court martial formed Of sufficient integrity and stern.
Of purpose o. rcndcra verdict Of guilty." because
surely he approhcnded from the history Of Jackson
had they returned verdict IT " guilty." LouaIier would
have been hung the very day Of the Of the
martial The whole proceeding this
~. lie asked the gentleman from Pennsylvania inform
him on what authority Loualcr arrested aud tried
II he guilty Of any thing he guilty Of treason, and
should have been tried by civil tribunal lie protested
against the doctrine at citizen, belonging the army
:. ..- d.. ...- IN. .,- 49,. 49,.