The Burlington weekly hawk-eye., 1863-01-03

tion Of martial law is the exercise OF summary,
arbitrary and despotic power, like that OF Judge
Furnishing for contempt, without evioence, OF
trial. or Jury, and without any other law than
his own viii, or any limit to the punishment but
his own discretion. 1ts
The power, it is said, is co.extensive with the
duty; and, BY virtue of this principle, each OF
these bodies is authorized not only to use the
means esseptial..to the performance of the duty,
but also to exercise the power necessary to re7|
move all obstructions to the discharge of THAT
duty. Let US apply this principle to the pfo-'
ceeding at New Orleans, and see to what results
they Will bring us. Gen. Jackson was the le.
gally and constitutionally authorized agent ofhs
Government and the country to defend that
city and it's adjacent territory. His duty, as pre-.
scribed by the Constitution and laws. as we'll as
by the instructions Of the War Department. was
to defend the city and country at every hazard.
If, then, his power was commensurate
with his duty, and ito follow the language of the
courts) belwas authorized to use the means ee-
sential to its performance, and to exercise the
power necessary to remove all distractions nec>
essary to its accomplishment, he had right to
declare martial law. There are e1i
gences in the history of nations, as we'll as indi
viduals, 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 Demo.
cratic party to make it vindication of the con
stitutionality Of Gen. Jackson's suppression of
the habeas corpus and establishment of martial
law. After the close of the session, Mr.. Douglas
went to Tennessee to party convention, and
while there, called with large party on General
Jackson. When be was presented, the General
inquired if he was the Mr.. Douglas who had
mo 40 oDooob in b;a 6ofopen oud thon aaiH.-
1--WE quote from the accoun: given by the editor
OF the Illinois State Register, who was present.
"Then stop" said Gen. Jackson: ''sit down
beside me. desire to return you my thanks
for that speech. You are the FIRST man that has
ever relieved my mind on subject that has rest
ed upon it for thirty years Ny enemies have
always charged me with violating the Constitu-
ton of my country by declaring martial law at
New Orleans; and my friends have always ad
mitted the violation, but have contended that
circumstances justified me in that violation.
never could understand how it was that the per-
formance Of solemn duty to my country
duty which, if l had neglected, would have made
me traitor in the sight of God and man
could properly be pronounced violation of the
Constitution. felt convinced in my own mind
that WAS not guilty of 60 heinous an ofense; but
meyer could make out legal justification Of my
course; nor has it ever been done, sir, until you,
on the floor of Congress, at the late session, es
tablisbed it beyond the possibility Of cavil or
doubt thank you, sir, for that speech. It
has relieved my mind from the only circumstance
that rested painfully upon it. Throughout my
whole life, never performed an official act
which viewed as q violation of the Constitution
Of my country; that can now 60 down to the
grave in peace, with the perfect consciousness
that have not broken, At any period of my life,
the Constitution or laws of my country.
It will be observed that General jackson re-
pudiated the excuse Of military necessity when
it conceded . violation of the Constitution in
setting up the supremacy of military law over
the civil tribunals. Ris rejoicing was, that Con
gress had vindicated this as constitutional act
The Democratic party at that time made this q
Democratic principle, and assumed to itself
great merit for this vindication of arbitrary ar
rests when the public safety required them
Now, when the country is in vastly greater peril,
the position of the Democratic party is exactly
reversed. Now their clamor is against the ex-
ercise of arbitrary power upon traitors, would
make the memory of their great hero infamous,
and would canonize Judge Hall and Lousllier
as Democratic martyrs to constitutional rights,
such as it now makes of Olds and Marshal Kane.
The whole Democratic Pantheon is upturned by
their present sympathies with rebellion, and
saints Jefferson and Jackson, are turned out a.
tyrants, Robespierres, monsters, keepers of
American Bastiles; and in their places Judge
Hall, Horel Adair, Hollander and Louaillier are
enshrined. 4
The rule set up by General jackson was that
the city and it's environs we're his camp, and
every person in them was under his military su-
thirty a. soldiers He put Louaillier, private
citizen, on trial for ''unsoldierly conduct" and
''disobedience to orders" He arrested Judge
Hall for "aiding and abetting and exciting mu.
tiny within my camp" He arrested Hollsnder,
private citizen, for Stalking disrespectfnlly Of
bis superior officer" Every citizen and iii the
civil officers we're regarded o. soldiers, and ss
subject to military discipline for the expression
of opinions. The same ground was taken by
jefferson in bis letter to Dr.. BrowD, which We
have quoted in previous article. He said, '.in
an encampment expecting daily attack, self
is paramount to all law" This
meant the city Of New Orleans:
and this paramount necessity" was the an
prehensions Of the Burr project
This is vastly further than the doctrine of the
right of national preservation has been carried
in this the greatest peril the country has experi
euced. Yet We find the same partisans Who
made great Democratic virtue of the support
the party gave to Jackson in these arbitrary
me asures, and of its vindication of their const-
now uniting in an attempt to make
far nilder measures odious, and to stir up sedi
ton against them when the necessity of the pub
lie safety is infinitely greater. Can this be &C.
counted for on any rational theory that allows
the loyalty of these partisans? Rationally, they
have no ground to stand on. Their outcry is ali
against their owr party record, and it defiles the
graves Of the especial heroes of the party. We
do not expect to convince them, for secession
does not stop at argument or constitutions. The
matter with which the Democratic journals are
now filled is vastly more sejitious and malignant
than that which they indorsed Gen. Jackson for