The Arkansas banner., 1844-03-13

ed bv the Constitution and laws, as well as the instructions of the War Department, was to defend the city and country at every hazard. Ii was then conceded, and is now conceded oa all sides, that nothing but mar tial law would enable him to perform that duty.- If then, his power was commensurate with his duty, and ito follow tie language of the couris) he was authorised to use the means essential to its performance, and to exercise the powers necessary to remove all Instructions to it's accompllShment,-he had right to declare martial law, when 1t was ascertaincd and acknowledged that nothing but martial law would enable him to defend the city and country. This principle has been recognized and acted upon by all civil ized nations, and is familiar 10 those who are conversant with military history It does moi imply thn right 10 suspend the laws and civil tribunals al pleasure. The right grows out of the necessity and when the necessity fails, the right ceases. l. may be absolute or qualified, general, or partial, according to the exigencies of the case The principle is, that the general may go so far, and no far ther than is absolutely necessary to the de- fence of the city or district, committed to his protection. To this extent General Jackson was justiiable; he went beyond it, the law was against him. But, in point of fact, he did not supereede the laws, nor molest the proceedings of the civil tribunals, any far ther than they were calculated to obstruet the execution of his plans for the defence of the city. In all other respects, the laws prevail ed, and were administered as in times of peace, until the Legislature of the State of Louisiana, passed an act suspending them till the month of May, in consequence of the impending danger that threatened the eity.- There are exigencies in the history of na- lions as well as of individuals, when neces- sity becomes the paramount law to which all other considerations must yield. It is that great first law of nature, which author- iscs man to defend his life, his person, his wife and chidien, at all hazards, and by ev- " means in his power. II is that law which authorizes this body to repel aggression and insult, and to protect itself in the exercise of its legislative functions; 1t IS that law which enables courts to defend themselves and pun ish for contempt. was this same law which authorised General Jackson to defend New Orleans by resorting to the only means in his power which could accomplish the end
 In such crisis, necessity confers the author ity, and defines it's limits. If it becomes ne- cessary to blow up fort, it IS right to do it :; if it is necessary to sink vessel, it is right to sink it and if 1t is necessary to burn q city, it is right to burn it. will not fatigue the committee with detailed account of the occurrences of that period, and the circum- stances surrounding the general, which rem dered the danger immediate and impending, the necessity unavoidable, the duty impera- tive, and tenporizing ruinous. That task has been performed with such facility and fdeli- ty by the gentleman from Louisiana, Mir Slidell, as 10 make recital of the facts en- tirely unnecessary. The cnemv-composed of disciplined troops, exceeding our force fear-fold in numbers-were in the immedi- ate vicinity of the city, ready for the attack at any moment. Our own little flotilla al ready destroyed {; the city filled with traitors, anxious to surrender; spies transmitting in formation daily and nightly between these traitors. anxious to surrender; spies trans hitting information daily and nightly between these traitors and the enemy's camp; the pop ulation mostly emgrants from the different European countries, speaking various lan- guages, unknown to the general in command, which prevented any accurate information of the extent of the disailection; the dread of a servile instruction, stimulated by the proc lamations and the promises of the enemy, of which the firing of the first gun was to be the signal ;-these were some of the reasons which produced the conviction in the minds of all who were faithful to the country, and desirous to see il defended, that their only salvation depended upon the existence of mar tial law. The Governor, the judges, the pub lie authorities generally, and all the citizens who espoused the American cause, came for ward and earnestly enneated General Jack son, for their sakes, to declare martial law, as the only means of maintaining the supremacy of the American laws and nsti- tutions over British authority within the lim- its of our own territory. General Jackson, concurring with them iii opinion, promptly issued the order, and enforced it by the weight of his authority. The city was saved. The country was defended by a succession ofthe most brilliant military achievements that ever adorned the annals of this or any other country, in this orany other age. Martial law continued no longer than the danger, (and tiN HSNtSSitN NAiSttN. At lilc time when I.ouallier was imprisoned. and Judge Hall was sent out of the city, official news of the signing of the treaty of Ghent had not been received hostilities had not ceased; nor had the enemy retired. On the very day the writ of habeas corpus for Lou allier was retuuable, General Jackson re- eeiyed official instructions from the War De partment to raise additional troops, and pre- pare for vigorous prosecution of the war
 Hearing d rumor on the same day, that a trea- ty of peace had been signed, he sent prop ostion to the British General for cessation of hostilities until official intelligence should be received > which proposition was rcjecicd by Me British Commander It cannot be said, therefore, that the war had closed, or the necessity Cor martial law had ceased. All
 the considerations which induced its decla- ration, required its continuance. If 1t was right to declare it, 1t was right to enforce and continue 1t. At all events, Judge Hall and his enlogsts are estoppcd from denying the