The Cecil Whig. [volume] (Elkton, Md.) 1841-current, 1843-03-11

in the event Of Ilell, n or invasion, pub.
lie snieiy may require it. TO whor,
does he terlnro,ion of this law bslony7
To the guardian Of Ne public ssfc,y-.n
INN Who is /" comducl The operations >.
gainsl The enemy, whose vigilance is 10
descr' danger, and whose nlms are 70 70
lei ia
THIS claim of lower for a mlIitory
commander is SO dirsclly IN violation 6f
The Constitution Of The United States, lhs
inndamen al prir ciples of free so7s,p.
mrn', and HE sptri! Of al our institutions
III Is so teple:e with future DANGER ~
oar Liberties, AID may be 80 perverted -
DINER dangerous that ibs
COMMITTEE fell bound to expose i.y nice
fallacy. The report accordingly prorssJ,
to show by abundant references 10 lhs
ons'lhhllon Of :he United States, an. 10
tecis!ons nnderil, 10 The constitutions q
VARIOUS States, and 10 The decisions e
tngii4h Jadges, lbn! lie martial law hicja
Gen. Jackson Gained 10 establish has
never been recognised in this republic,
and that It hos not been tolerated in Eng
land since NE ling of William ~; thL.
Ihere IS no marIiul law known 10 HE ,ary
OF the United States bul such as Congiea.
has PROVIDED for The government Of TIE
army, and that The power Of snsptn1ipy
The eva laws can be exercised only by
The supreme legislative authority. ]. Il
further shown that The power Of conl.a
TO punish for contempt * established boil,
by HE common Jaw and by special sta
tnie-and hs 10 Judge t!alps sitting in d
case OF conlemp! against himself which
IS one OF the chief grounds OF objection
made by Gen. Jackson against The ds,,.
sion, II rs deemed sufficient to say thai j.
could moi be otherwise. No court CT.
lahe cogn'zsnce Of contempt bu. tns.
against which it is committed and IS
there be only one as judge, as in the De
trici Court he must necessarily sit in The
case, or the contempt, however Gasitors,
mast 60 UNPUBLISHED.
The result of the Commuters EXAM,
nation of the whole subject IS .hGy stat
ed
'The conclusions 10 which the COM
'nlt.ee have come are, the martial law
was declared at New Orleans by General
Jackson without law, and in violation of
HE Constitution OF the United S'ates-
that lis Continuance up to March ii 1875,
was not only nasanctioned BY law, bus
not excusabis by necessily-that the ey-
rest and Imprisonment of LoualIIer Tor
publishing an article in the Louisiana
Courier, was violation of that righ: Of
The citizen to discuss without fear tbs
conduct Of those in power, which is in
seParable from the idea of free people,
and revival Of the wors. features o. .he
sediuon law--ihai his trial by a eou!t
martial was in violation of The laws Ct
The United States, and of the Safe Of : c,,l-
lsiana, which exempted him from al, nil
itary service-that his trial by officers
of the regular army was in violation OF
the law of the United States which re.
CURED, if tried al all by court marital
that 1t should be composed Of militia Of
cers-that his detention after his acou.,.
tai by court martial was dangerous and
despotic exercise Of power-that General
Jackson's refusal TO obey the writ Of ID
beas corpus, and his Imprisonment. Of tie
Judge, was violation Of the mos. sac..sd
right Of the citizen, Of the express prov
sion OF the Constitution, and Of the iu4!:.-
clal Independence, and together with lis
seizure OF an original court paper; was E
contempt Of court fog which he was US
ly and legally fined
The committee regFe: that t,ey hay,
been forced into this Investigation. The
would have much preferred that ,h:s
friends Of Gen. Jackson lad been CO.:
tented with the imperishable glory We,
by his courage ana military skill, ar,
the repeated proofs Ct national cratltcce
which he has received. They were vi
ling to bury in oblivion the memory c
those transactions on which :hey hsrs
been compelled to animadv5rt. At Il,
last session they consented tha: Ill,
should be submitted, with such reror,
from the minority of TIE committee as
they thought proper.-But tie claim fot
remission Of he fine has nov been placed
on the other grounds, and tie most u
sound principles, as they think. have
been invoked 10 its aid. The House To-,
With the bill before mentioned on the,.
calender, have again referred the subj acJ
to this committee, which they consider as
instructions to examine INTO the facts ard
principles Of the case. Under such cir
cumsiances, they would have heen recre-
ant to their duty if they had $hruna froc.
the performance c. i MS; disaareeatl,
task.
GEEs.R2rEC-z.--zt-rs
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