Daily national Democrat., 1861-07-04
zlailp Natlonal1 Democrat.
,,arew Jackson and George Cadwal-
Ahu ader.
From The Philadelphia Press.

f,llowing explicit paragraph:
:" Congress thus notified the future COM
monders of armies, first, that they may place
nmder marshal law a city threatened bv the
onemy; and secondly, they may keep it un-
Jer martial law for the space of two months
after the enemy has been vanquished, and
driven from the soil and from the waters of
tbe State in which that city is situated. In
other words Congress invested the military
commanders ,of cities, in time of war. with
supreme authority"
In reading the reports of the proceedings
before Chief Justice fancy in the case of
Iohn Merriman, arrested and imprisoned by
our fellow -citizen, Brigadier General George
Cadwalader, for reasonable completely with
+he foes of the country, we ore reminded
most forcbly of the celebrated contest grow
ing out of the fine imposed by Judge Hall of
New Orleans, upon Gen. Andrew jackson,
when the latter, for the purpose Of protecting
that city from internal traitors supposed to
be banded with foreign foe, suspended the
writ of haJeas corpus, and declared martial
law. We do not assume to criticise the opin-
ions of the venerable Chief Justice of the
United States in his Judgment against sen.
Cadwalader's action in the case of Merriman.
although strange comparison and contrast
might be drawn between his present position
and his subsequent acceptance Of high office
under the very President who, while acting
rs General Of the American forces in New
Orleans, in order to protect his country and
his flag, resorted to a far stronger measure
than that now condemned by Chief Justice
TAnney Nor do we presume at tlis time to
revive the historical fact that before Mr.
Tanney was Chief Justice, and doubtless
since, he has repeatedly endorsed the prompt
conduct Of Gen. jackson in overriding the
udicial authority at New Orleans in the
manner alluded to. Our object now is simply
to show that General Cadwaader was right
in his arrest and imprisonment of the alleged
traitor Merriman, and that the highest con-
siderations Of patriotism prompted him in
faithfully carrying out the instructions Of the
Government in making this arrest Thirty
years after Ger. Jackson resisted the authority
of the Federal Courts in Louisiana, for the
purpose OF protecting the flag and the honor
of the country against foreign and domestic
foes Stephen A. Douglas, of Illinois, then
member of Congress from that State, made
an argument on the resolution renting the
fine of $1,000 imposed by Judge Hall upon
General jackson. which was so masterly and
convincing as TO have been accepted as the
solution of a question previously considered
doubtful. This was the first speech made by
the young statesman of the Northwest in the
Congress of the United States, and it is Gu
rous fact that it was received 10y the South
ern men with great applause, aud was un-
doubtedly endorsed hy Chief Justice Taney
himself 1t was delivered on the 7th Of
January, lS4f, and some portions of il are
so applicable TO the case Of Merriman, and so
abundantly iustilicatory Of General Cadwal-
ader, and 90 strangely in contradiction of the
grounds assumed by Chief Justice Taney,
that we venture to spread before our readers
the following extracts:
" General jackson was the legally and
constitutionally authorized agent of the Gov
ernment and country to defend that city and
its adjacent territory. His duty as pYcscrihed
by the Constitution and laws as well as the
instructions from the War Department, mas
to dejcad tie city G5td coantrp Al etcry hazard.
It.was then conceded aud - now conceded
on all sides, that nothing but martial law
would enable him TO perform that duty IT,
then, his power was commemorate with his
duty, and Go follow the language Of the
c0urts) he was auth 1rilnd to use the means
essential to its performance. and to exercise
the poSers necessary 10 remove all ohstruc-
tions to its accomplishment, he had u right
to declare martial law when it was asccr-
tanned and acknowledged that nothing but
martial law would enable him to defend the
city and the country. This principle has
teen recognized and acted upon by all civil
jled nations and is familiar to those who are
.conyersant with military history. 1t does
not imply the right to suspend the laws and
civil tribunals at pleasure The right grows
out of the necessity-When necessity fails,
the right ceases. 1t may be absolute or
qualified. general or partial, according to the
eNigences of the case. The principle il, the
General may 90 SO far, and no farther than is
absolutely necessary to the defense of the
city or district committed TO his protection.
To this extent General Jackson was iustifiahle
if he went beyond it, the law was against
him. But, in point Of fact he did not su-
persede the laws or molest the proceedings
of the civil tribunals any further than they
were calculated to obstruct the execution Of
his plans for the defense Of the city, In all
other respects the ws-prova:led, and were
administered as in time of peace, and the
Legislature of the State Of Louisiana passed
acts suspendng them till the month OF May,
IN consequence Of the impending danger that
threatened the city. There are exigencics in
the history of nations as we'll as individuals,
when necessity becomes the paramount law
10 which all other considerations must Weld.
1t is the great first law of nature, which au-
thorizes II man to defend his life, his person,
his wife and children at all hazards. and by
every means in his power 1t is chat law
which authorizes this body 10 repel aggres-
sion and insult, and to protect itself in the
exercise of its legislative function. It is that
law which enables courts to defend them
selves and punish for contempt. 1t was THE
same law which authorized Gen. Jackson to
defend New Orleans, by rosoring to the only
means in his power which could accomplish
the end In such crisis necessity coniers
the authority, aud defines its limits. II
becomes necessary to dloV "p a fort, 1t IS right
to do il; if IL is necessary 10 sink rcsSel, ID
IS right to sink il; if ii Is aeceSsary 10 J5or Il
city, il is right 10 burn it, q
But, sir, for the purposes of Gen. Jack
sons justification, | care not whether his
proceedings were legal or Illegal, constitu-
tlonal or unconstitutional, with or without
precedent, il trey cere necessary 10 tie Salea-
ton Of the city, And care as little whether
he observed all the rules and forms and
technicalties which some gentlemen seem to
consider the perfection of reason and the es-
sence of wisdom. There was but one form
necessary on that occasion, and that WAS to
point cannon and destroy the enemy"
DRowYED "A soldier named Michael Pen.
degrast, was drowned from on board steamer
Victor, on Saturday evening, about half past
ten o'clock. The steamer was on her way
from this city to Red Bluff, at which point a
detachment of 20 men, members of Company
G, Third Artillery, had taken passage. They
were on their way from Honey Lake to Be-
.nicia. When about miles from Sacramen-