Mineral Point weekly tribune. (Mineral Point, Wis.) 1859-1868, 1862-10-01
The Cons tuition and the War Pow ar
Democratic PreCedents VS. the Doc.
trines ot the Demccratic Address

-
The RYAN Democratic State Address
having put forth the dogma that the Con
stitntion provides for all e,.igcncies of wal
and Democratic papers having asst rted
that Generals Washington and Jackson
thought war could be carried on within
and according to the Constitution Mtt II
Carpenter Esq, has prepared the follow
ing historical precedents in refutat;on OF
the allegation. Let it have a careful peru
sal:
The whole public life of Jackson is a
refutation of Mr. Ryan's address, To say
nothing of his Florida campaign. in which
he exercised innumerable imperial pow
ers, which he and his friends justified not
by the Constitution but by the necessities
Of the ease let US come directly to the
last war, when jackson had military com
n2and at New Orleans; and there we shall
find many eases directly in point, and
completalsr oyerthrowing Mr. Ryan's the
DRY, that the constitution is a regulator OF
war, or a guide TO the President and mis-
military subordinates, in conducting the
war. We shall see many things which
Jackson did outside the constitution; and
how he and his political friends defended
his conduct
He first proclaimed martial law. and
while it was IN force, though after the re-
port Of peace had reached the United
states, the Louisiana Gazette, Il newspa-
paper printed at New Orleans, published
a certain article which called from the old
hero a communication denying It's truth
which he sent by an aidde-camp to the
offending editor, with a written order re
quiring its insertion in the next issue OF
the paper and conclud n as follows:
''Iiencefurth it Is expected that no pub
lication Of the nature Of that herein allu
ded to and censured, VIII appear in any
paper of the city unless the editor sha!
have previously ascertained its correct
ne s andgained permission for its insertion
| from the proper source.
| During this state of things, Frenchmeu
attempted to elude the Generals iron
grasp under so called projections from
the French consul at New Orleans; and
jackson issued an order requiring all IN
naturalized Frenchmen, together Nth tht
| french consul, to leave New Orleans
WI hin three days, and not to return with
in enc hundred and twenty miles of the
city, until the news of the ratification o
/ peace should be officially published. This
order was thought by some to be outside
the constitution; and they protested a
gainst it in. an article in the Louisiana
Courier, (another newspaper of the city,
,cbich protest reads ecceedingly like -ur
EyaR'S address,, and denounccs the order
rs titeyGJ a,5d unconstitutional Thercup
on jackson ordered the editor to headquar
ters, and compelled him to disclose the
name Of the writer Loualiier; and then
jackson sent q file Of soldiers ia arrest
| L0uallier. Indignant that his article
which Is in the very strain of Mr.. Ryan 5
address, and written to prove that "the con
stitunon provides for all the exigencies oi
war, should be regarded as cause for his
| arrest, Louallier applied to Judge Hall oi
the United States Court, for a writ Of hd
beas corpus. That worthy functionary
believing like dr RYAN, the constitution
does indeed provide for all the exigencies
of war; that the freedom Of the press
could not be trammeled, and that the ar
rest of Louallier, without process, in u
loyal State was illegal; allowed the writ
/ The officer came to serve it: and Jackson
being informed of what had taken place
rushed to meet he officer, seized the writ
Of ha6eas cojpaS from his hand, and de
tanned it; and Immediately ordered Judge
Hall to be arrested and imprisoned in the
same room with the French expounder oil
the doctrine that tie constitution prorjdeS
for all tie erigeHcies Of ,ear.