Mineral Point weekly tribune. (Mineral Point, Wis.) 1859-1868, 1862-10-01

Ryans address Upon this occasion Jack
son delivered long paper in his defense
over his own signature, fully iustityino
his conduct, which fills eleven columns of
Niles Register and every paragraph of
which is in deadly antagonism with the
doctrine of Mr.. Ryan address S Niles
Registet, 2f5. One paragraph will give
an idea of the paper;
"a writ of ha6eas corpus was directed
for his Iouallitrs) enlargement, The
very cause which had been foresaen the
very con.ingencyon which martial law was
intended to operate had now occurred
The civil magistrate seemed to think it his
dutyto enforce the enjoyment of civil rights
although the consequences xhich have
been described would probably result An
unbendlng sense OF what he seemed to
think the conduct of his station required
might have induced him to oroer the
liberation Of the prisoner This under the
respondent sense ofduty, would have pro
daced conflict which it was his wish TO
avold NO other course remained then
but to en- orce the principles which he had
lald down as his guide; and to suspend
the exercise OF this Judicial power, when
ever 'tlnterfered with the necessary means
OF defence The only way effectually to
do this was to place the judge in situa-
ton in which his interference could not
counteract the measures of defence, or
give confidence to the mutinous disposition
that had show.n t.sGaf in 50 alarming de
gree. Mercy to have disobeyed the writ
would have increased the evil, but to have
obeyed it was wholly repugnant to the re
spondents ideas of the public safety and
to his own sense Of duty The Judge was
copt,paJ and .aYrar-oJ la--n..l 1
the lines of defence
This document is signed with the preat
name, Andrew jackson"
The judge however, was inexorable and
ten Jac lson was fined one thousand dol
lars, and paid his fine
subsequently, and after Gen. jackson
had been President, and had retired tC
private life, bill was introduced int,
Congress to refund the fine, upon the
ground that the conduct of Jackson had
been perfectly proper and this led to a de
bate, by most OF the statesmen Of that day
upon the very point now un er discus
sion.
Robert j. Walker, in the Senate. sub
mitted Il report upon this subject in which
he said:
The law which justified this act was
Il great law Of necessity; it was the law
of necessity-of defence of self, OF home,
and of country-never was designed to be
ablogated by any statue, or by eng cot
stitution
Mr., Payne, of Alabama, speaking upon
this subject, said: Il shall not contend
tbot the constitjon orsela,cs Of the United
States authorize tie Ieclarati0a Of 2norfiaj
tar, By any authority rhatere1; on the
contrary, 1t as UNKNOWN TO THE CoSsrTrU-
rfoN OR LAWS" And speaking OF the ar
gument that if the constitution did not
authorize it, the general ought not to de-
clare martial law, he says: who could
tolerate this idea 4R 45nold might;
bat no patriotic american c0U{9 1t NAV
be asked, upon what principle Il comman-
der can declare martial law, when it is
conceded that The constitution or laws az
ford him no authority to do so | answer,
upon that principal Of selfdefence achich
rises paramount to GU rrjttea lac; ard
the justification of the officer who assumes
the responsibility of acting upon that
principle, must rest upon the necessity of
the case"
MIR. Livingston. in n written document
submitted by jackson to the court as "A
part of bis defence, gave his opinion as
follows: Son the nature and effect of the
.
Jackson, my opinion is, that such procia-
ration IS unknown to the constitution and
laws Of the United States that it as justi-
,fed only by The necessity Of the case, dc.
The speech Of MIR Smith, of Connec-
ticut was equally pointed; and we mig h
quote many columns from the discussiont
of those days, equally to the point Doug
las himself made his first great speech up
on this subject; but as he is no longer rec
ognized as "a democrat, the Ne2cs would
never forgive my quot n his speel a ,ainst
Mr. Rvan's address
One of Gen. jackson 5 letters, in iustifi-
cation of his military conduct, contains the
following postscript:
at will he recollected that in the Rev
olutionary War, at Il time of great trial,
Gen. Washington ordered desertcrs to
be shot without trial Captain Reed,
under this order having arrested three,
had one shot without trial; but he (Gen.
Was hin-ton) reprimanded Reed for not
shooting the whole three.
After the maturest consideration, Con-
aress paid back the fine; and thus was
jackson vindicated by the democratic par
t., and by the nation in the vigorous exer-
else Of the power which marked this New
|
perfectly is jackson vindicated by the peo
pie, (the source of all authority in the
universal exclamation that now rises up
from every patriotic American heart
Oh that jackson were Pesident to-day.
Washington and Jackson met the ext
rencics of war, not with statutes and con
stitutions. but with a healthy application
of military law. and in the proper case
which summary arrest, and speedy death,
The severity ant. military ylgor OF Jack
SON 5 New Orleans campaign. would end
this rebellion in six weeks hence Breck-
enridge labored to prove that the war
however, was limi tied by the constitution,
The principle announced by Brecken-
ridge is elaborated, polished, hid in meal,
sugared over with an artIul expression OF
conceded truths, in this address; and dem
ocrats are bidden to fal down before it
The Neurs, organ of this doctrine in Wis
consin. saws the boys that is those
who do not believe in it-should read
/ jackson Bowing to its authority. and
Willing to have our democracy corrected
! if it was at fault. .'the boys have to-day
been to the fountain head of democratic
| faith, illustrated by practice; not any
/ barren recital of dead dogmas, but the
/ living abiding counsel and conduct OF
ord II ar,1aars thaf If