The Union and journal. [volume] (Biddeford, Me.) 1858-1882, 1863-07-03
OBJ Gnion kyoarnal.
Hear s. A. Douglass.

We print the following extract from the
speech Of Judge Douglas on the occasion of
remitting tho fine Of one thousand dollars
imposed upon Gen. jackson for his suspen-
sion of the writ Of habcas corpus at New
Orleans. Jackson was fined by Judge Hall
and paid the fine. Years afterward the friends
Of jackson moved in the Senate to reimburse
the Gen. for The money, but jackson would
not consent that such action should be taken,
unless by so doing they should declare the
legality of his act. Aud thus the question
came directly before the American Congress,
Has military commander in time OF imi-
nent danger and peril ever the right to refuse
obedience to an order Of the Court? That
Congress emphatically endorsed the act Of
Gen. jackson, and declared that military
commander so situated had that right, and
was to bc sustained in so doing.
Bear in mind, reader, that we are citing to
you democratic authority, not only Judge
Douglas, but jackson and his supporters
land those men were once considered quite
respectable demOcrats); and bear, also, in
mind, that the question at that time was not
whether the PRESIDENT, the civil and military
head OF the nation, had tho power of sus-
pending the writ, but whether military
commander, like Burnside or Butler, had
that right.
All honor to that once emlnen. democrat,
Andrew jackson, and his distinguished sup
porter, Stephen A. Douglass, who had the
practical sterling sense to believe and act on
that belief, that the nation had full power
to adopt any and oil necessary measures for
its own preservation!
Mr.. Douglas said that "tho necessity and
the glorious effects resulting from the course
which thatnecessity prompted, were acknowl.
edged by the whole country, and he would
even say by the wholecivilized world. Then,
as fur as this bill was concerned, he (Alr d.
cared not whether their acts were legal or
Illegal. He cared not whether Gen. jackson
suspended all civil authority or not. II his
acts were necessary to the defence Of the
country, that necessity ,rd, ADORE all ia,p -
Gen. jackson hazarded everything he haz.
arded life and reputation on that step, which
might render him immortal il it saved the
country, or, on the contrary, make him ig-
nominiOus. and by-word, and reproach !;
aud the man that dared to do that, deserved
the protection and the plaudits Of his country.
lie did not envy that mau who would get up
and talk calmly and coolly, under such cir
cumstances. about rules Of court, and teehni-
eaiitis, of proceeding, and The danger Of cram
pie. when the city might be in flames and the
utmost barbarity might 10 committed
What were rules OF court but mere cobwebs
when they found an enemy at the doors Of
their courts, and when they saw tho flames
eneircling the cupola? Talk then about the
rules Of court and the formality of proceed.
ings The man that would do that would
fiddle while the capitol was burning. (Sen
sation. He envied no: any man the pos
session Of such stoical philosophy. Talk
about illegslity! Talk about formalities !!
Why there was but one formality to be OBJ
served and that was the formality Of direct
ing the cannon and destroying the enemy,
regardless Of the means. whether it be by
the seizure Of cotton bags. or by the sei:ure
of persons, il the necessity Of the case required
10. The God Of nature has conferred this
right on men and nations; and therefore let
him not be told that II was unconstitutional.
To defend The country let him not Be told
that IL pas uneonsti,utionaito use the necessory
medns.
The Constitution was adopted for the pro.
lection Of the country and under the Con-
stitutiou, tie nation had te right TO errcise
oil the po,rers thar ,cers necessary for the pro
lection q the country. IL martial law was
necessary to the salvation of the country,
martial ia'c 'oa, legal for that purpose. lfit
was necessary for q judge. for the prcserva-
'ion OF order to punish for contempt, he
thought it was necessary for general to OK.
ercise o control over his cannon, to imprison
traitors, and to arrest spies, and to Intercept
communication with the enemy. If this was
necessary, all ths was legal"