The Portland daily press., 1862-10-21
s,cnb.n A. Douglas On the Forms of Law.


The following extract from speech of Mr.. !
Douglas in is44, In defence ofGen. Jacksens
course at New Orleans, for which the Old hero
had been fined $1,000, by traitorous Judge,
and upon a proposition to refund that line with
interest, we commend to that class of Douglas
Democrats, who have fallen into the custom of
demanding the Presidents head because he
has found it necessary, in the present conflict
with rebellion, to suspend the privileges OF the
habeas corpus in some Instances, and to as
sumo responsibilities not usual or even safe In
times of profound peace. IL may be well to'
democrats to learn thai Thomas Jefferson, the
Apostle of democracy, justified the Suspension
OF the hsbeas corpus in certain cases; that
Gen. Jacksen-once considered pretty fair
democrat--was Hned for refusal to recognize
IL. and that Mr. Douglas-who at that time
was in Irregular standing" in the democratic
cnurch--defcaded Jackson for SO doing 1t
NAV be well, too, to state that for the ground
taken la the following speech, Ex-President
jackson, but a short time before his death,
thanked Mr.. Douglas in person, saying that
he was the first one of his friends in Congress
to ask for the refunding of his fine on the true
ground-on the ground that he did right at
New Orleans, and usurped no unauthorized
power, but that he was authorized to take the
steps for which he was fined, by the terrible
exigencies of the occasion. 1t was on the bill
to refund the fue with interest, to Gen. Jack
son, that Mr.. Douglas said:
He cared not whether Gen. Jackson viola
L.. t...I
whether Gen. Jackson suspended all civil au-
thority or not If his acts were necessary to
the defense of the country, that necessity was
above all law. Gen. jackson haZarded every
thing; he hazarded both life and reputation on
that STEP which might render him immortal If
he saved the country, or, on the contrary, make
him ignominious and by-word and reproach
and the man that dared to do that deserved the
protection and plaudits of his country. He
did not envy the feelings of that man who could
get up and talk calmly and coolly, under such
circumstances, about rules of court and tech
nicalities OF proceeding, when the city might
b. in flames, and the utm 1st barbarity might
be committed. What were rules of court but
mere cobwebs when they found an enemy
with his cannon at the doors of their courts,
and they saw the flames encircling the cupoa?
Talk then about the rules of court, and the for
malities of proceedings The man that would
do this, would fiddle while the capital was
burning. [Sensation.l He could not envy any
man the possession OF such stoical philosophy.
Talk about illegality! Talk about fornalities
Why, there was but one formality to be OBJ
served. and that was the formaity of directing
the cannon and destroying the enemy regard
less OF the means, whether it be by the seizure
OF cotton bags or the seizure Of persons, if the
necessity Of the case required it. The God of
nature has conferred this right on men and
nations; and therefore let him not be told that
it was unconstitutional to Use the necessary
means. The constitution was adopted for the
protection of the country, and under the con-
stitution the nation had the right to exercise
all the powers that were necessary Tor the pro-
lection of the country. If martial law was ne
cessary to the salvation of the country, mar
tiai law was legal for that purpose. it was
necessary for Judge, for the preservation Of
order, to punish for contempt, he thought
II was necessary for general to exercise con-
troll over his cannon, to imprison traitors. ard
to arrest spies, and to intercept communica-
tions with the enemy. If this was necessary
this was legal.