Muscatine weekly journal. [volume] (Muscatine, Iowa) 185?-1890, 1863-01-02

to the memory Of Jackson in vndication Of its
clamor against military arrest of traitors, we
submit for its consideration the remarks of
its late political favorite and party candidate
for President, Stephen A. Douglas, in justi-
fication Of Old Hickory's summary proceed
ings with tories of New Orleans in 1916. The
Courier will see that it has committed sac-
rilege in calling up the memory of Jackson
while waging warfare against the Admins
tration for assuming power which he took
the responsibility Of exercising on that men,
orable occasion. If the Courier is really in
earnest in desiring to inaugurate the sensible
and vigorous measures of Jackson, will it not
publish the remarks below entirep We offer
it the use Of our type for that purpose. Now,
neighbor, try to be honest and reasonable for
once.
In introducing the remarks ofMr. Douglas,
it may be proper to state that soon after the
close of the war Gen. jackson was fined one
thousand dollars by Judge Hall, ofthe United
States District Court, for contempt in disre-
garding the hobsas corpus, wrestling it from
the Clerk and imprisoning the Judge Of the
Court. The Administration mildly but de-
cidedly rebuked Gen. Jackson. The whole
matter was afterward reviewed by Congress
in the discussion of the bill to indemnify
Gen. Jackson for the 6ne imposed by the
Court. In this discussion the Democratic
party insisted on putting the indemnity on
the ground that Gen. Jackson's suspension of
the ha6eas corpus and establishment of mar
tial law over the entire inhabitants of New
Orleans and the envirous, was constitution
al act in time of war. It was in this discus
sion in the House, that Mr.. Douglas first
gained noteriety, for his speech, in which he
advocated this ground. He was afterward
thanked by Gen. jackson, and among the
Generals papers after his death copy of this
speech was found, Endorsed in these words,
in the Generals hand writing: "This speech
constitutes my defense; lay it aside as an
inheritance for my grandchildren" The
chief point in Mr.. Douglas speech was that
whatever acts are necessary for the defence of
the country in war are constitutional. He
said:
The charges for exerting arbitrary power
and lawless violence over Courts and Legisla-
lures, and civil institutions in derogation of
the Constitution and laws, and without the
sanctions Of rightful authority, have been so
often made and reiterated for political effect
that doutless many candid men have been
disposed to repose faith in their correctness,
without taking the pains to examine carefully
the grounds upon which they rest. A ques-
ton involving the right ofthe country to use
the means necessary to its defense from for
eign invasion in times of imminent and i'm
pending danger, is too vitality important to be
yielded without an inquiry into the nature
and source of the fatal restriction which is to
deprive the nation of the power of selfpres-
ervation. The proposition contended for by
the opposition is, that the General in COM
country, and the lives, property and liberties
Of the citizens within his district, may not
declare martial law when it is ascertained
that Its exercise and it alone, can save all
from total obstruction. 1t is gravely con-
tended that in such an awful conjuncture of
circumstances, the General must abandon all
to the mercy Of the enemy be ause he is not
authorized to elevate the military above the
civil authorities, and that too when it is GER
tain that nothing but the power of the mill
tary law can save the civil laws and the Con-
stitution from complete humiliation.
If these are not the positions assumed by
the gentlemen in so many words, they are
unquestionably the conclusions to which their
positions necessarily and inevitably conduct
us for no man pretends to venture the asser.
ton that the city of New Orleans could, by
any human agency or effort, have been saved
in any other manner than by the declaration
and enforcement of martial law. For one, I
maintain that, in the exercise of this power,
General Jackson did not violate the Consti-
tuition, nor assume to himself any authority
which was not fully authorized and legalized
by his position, his duty, and the unavoidable
necessity Of the case. Sir, admit that the
declaration of martial law is the exercise Of a
summary, arbitrary and despotic power, like
that Of a Judge Furnishing for contempt, with
out evidence, or trial, or jury, and without
any other law than his own will, nor any
limit to the punishment but his own discre-
finn \
The power, it is said, is co extensive with
the duty; and by virtue Of thus princi-
pie, each Of these bodies is authorized not
only to use the means essential to the per-
Torrance of the duty, but also to exercise the
power necessary TO remove all Instructions to
the discharge Of that duty. Let US apply
these principles to the proceeding at New Or
leans, and see to what results they will bring
US. Gen. Jackson was the legally and con-
stitutionally authorized agent Of his Govern
ment and the country to defend that city and
its adjacent territory. His duty, as prescrib-
ed by the Constitution and laws, as well as by
the instructions of the War Department, was
to defend the city and country at every haz-
ard. If, then, his power was common
surate with his duty, and Ito follow the lam
guage of the courts) he was authorized to use
the means essential to its performance, and
to exercise the power necessary to its accom-.
plishment, he had right to declare martial
law. There are exigences in the his
tory Of nations, IS well as individuals, when
necessity becomes the paramount law to
which all other considerations must yield.
The bill might have been passed much
more readily but for the determination Of the
Democrats to make ita vindication of the con-
stitutionality of Gen. Jackson's suppression
Of the habeas corpus and establishment Of
martial law. I: passed with strong opposi-
don, the Democrats supporting it unanimous
~.
After the close Of the session, Mr.. Douglas
went to Tennessee to party convention, and
while there called with large party on Gen.
Jackson. When he was presented the General
inquired if he was the Mr.. Douglas who had
made speech in his defense, and then said
We quote from the account given by the