\ LIBRARY OF CONGRESS 011899 409 7 f ^ ^y peanulife* pHS3 E 380 .V88 Copy 1 mm &w wwmmswMWjmwM,* ADDRESS OF THE FRIENDS OF THE NATIONAL, ADimtflSTRATXON TO THE CITIZENS OF WASHINGTON COVNTY, Fa. Fellow Citizens — At a very large and rcspecta-jjhis true claims for popular favnr^extremely embar- ble meeting of the "Friends of the present Adminis tration," held at the court house in the borough of Washington, Pa. on Wednesday, the 26th Septem- ber, 1827, we were appointed a general committee of correspondence, with instructions "to prepare a suitable argumentative address, on the subject of the Presidential election," which "will embrace in a for cible, but decorous manner, the prominent points of controversy." We cannot but be deeply sensible of the delicacy and difficulty of the duty thus imposed. Two distinguished men are candidates for the first office in the gift of a free people; and the choice is to be determined by the estimation of their respective merits. One of them is pre-eminent for his civic vir- tues and the arts of peace: the other is admired for the splendor of his military suecess. The one the most profound statesman and diplomatist, — the most' enlightened civilian, perhaps of the age, the other aj brave, vigorous, and fortunate commander, in this single view of the case, without enquiring further in- to the qualifications and personal character of the two men, we have no hesitation in preferring JOHN QUINCY ADAMS, to his competitor, Guneral An drew Jackson. A summary of the argument that presents itself in support of this determination, is contained in the third resolution of the meeting to which we have referred: " The true interests of the U. Stales are pacific , and our policy ought to be peaee- II is one of those probli'ms in the human character, which has never yet been explained, that the imagination is dazzled and (he judgment pervert- ed by the "pomp and circumstance of glorious war" the splendor of military appearance, and the pride of military success. It is right that the man who has led, through the danger of battle to the triumph of victory, should have not only rewurd, bHt honor and gratitude. We should not, however, confound these principles with that undefined feeling which swells our respect to admiration, and our friendship to idol- airy. It too frequently happens that a successful ge- neral becomes '-the man of the pcoplef 1 Re binds their affections — beguiles their reason — lulls their suspicions — wields their power — and at length leads them on to the destruction of their own liberties. No people were ever yet enslaved but by them- selves; and we venture to remark that nothing has evei been so fatal to freedom as the inexplicable principle we have mentioned. History will aburi- antly prove the truth of what we have said; and will, we think, shew that the republics of antiquity all fell victims to military usurpation, aided in the outset by mistaken popular favor. Divnysius distin- guished himself by his zeal and ability in the defence of his country, — obtained the affections of the peo- ple, and consequently the chief command — and at ength made himself tyrant of Syracuse — Jlgathcdcs, fid." We are blessed with the production of evcryi|by similar means became king of Sicily ,with absolute soil and every climate: Nature has bestowed upon us bountifully her kindest gifts, and only requires that, by a well directed industry, we take posses sion of them All we can wish for, then, from our social organization, is wisdom to adjust our. political economy, and safety in the enjoyment of the pros- perity which it will procure. These are to be found in the exercise of civil talents, for the enactment and just administration of mild and wholesome laws, rather than in the tumultuous hazard and strife of arm3. We have nothing to gain by war, ai:d we have more to hse, than any other people on earth The prevalence of military spirit, therefore, or any thing which has a» tendency to disturb our peaceful relations, is greatly to be deprecated, and this forms the ground of our first personal objection to GeneraTj and uncontrolled power,— Cypsdus overturned the o- ligarchy of Corinth. Pisistratus, was the advocate of political equality and the democratic constitution, until he secured the attachment and confidence of the people. He usurped the supreme power of Athens, by obtaining a guard, for the purpose, as he pretend- ed, of protecting him from assassination, with which he took possession of the citadel. He then disarmed the multitude and became master of their persons. Sylla, by party violence and military power, made hunself perpetual dictator at Rome He aterwards re- signed and retired to private life, but Julius Caesar, by the same engines, though in a less exceptionpble manner, finally put an euri to that republic. But some may say that these examples are too distant to have any bearing; that the present age is too much en- Jackson. It must be admitted that his pretensionsjllighteaed, and the prineiple^ of social right too well are purely niilitary, and that if he had not been "Mej|understood, to allow apprehension of any such catas- -Here qfJ\\'W Orleans,''' he never would have been a Itrophe. We would ask the attention of those per candidate for the Presidency. We are aware, that tha hold which this splendid achievement has taken jsons then, to France, within our own memory. She had just delivered herself by a tremendous effort, if ;t, >.sjr. J to '! iblic mind, fenders our task of developing! from the despotism of ancient muuaici.v; her people were brave and patient — with strong notions of free- dom. She was called upon to resist the attack of ex- ternal foes, and a taste for war became general. Bo- naparte made himself, by the splendor of his charac- ter, the idol of a military population: his ambitious designs were hid in the blaze of his glory, and he stept upon the imperial throne, at a time when, toj all the world, the flame of liberty seemed to shine brightest. We ask your serious reflection, fellow- citizens, to these suggestions; they are deserving, we conceive, of your deepest consideration. It is dif ficult, we know, to bring home the cold, didactick precepts of reason and experience, 'o wild imagina tions and warm hearts; but believing that we see danger ahead, which perhaps many of you do not perceive, we feel it our duty to warn you to pause and examine. You will not, we think, do us the in-| justice to suppose we are influenced by any sinister motive in presenting _these views to your notice.! You must be convinced that we have no other in- terest in the contest than each of you have. VVe are all embarked in the same political vessel, and will sink or swim TOgether. The question is, who shall manage this helm? We are for choosing a pi- b!e, in some degree, who sanctions such acts, by re- fusing to enquire into the exercise of the authority which he has delegated. Gen. Jackson has put him- self on trial before the nation. He resigned his seat in the Senate, that he might be a candidate for the Presidency; and has, therefore, called upon the peo- ple to test his merits and qualifications. We go on, then, to shew, in support of our second objection, that Gen. Jackson is a man of dangerous mind and temper; that it would be unsafe to entrust him with the chief civil poicer and with the command of the ar- my and navy of the United Stales. In doing this, we shall state no fact without referring to evidence, nor will we draw any inference that we do not consider perfectly fair. We will "nothing extenuate, nor set down aught in malice." Our review shall commence in the spring of 1814, when Gen. Jackson led an ar- my of Tennessee militia, against the Creek Indians. In this war he manifested bravery and skill, but there one incident which ever} 7 friend of humanity would wish to blot from the page of history. On the 27th of March, he found about 1000 Indians at their village in the bend of the Tallapoosie, with their squaws and children "running about their huts." His lot who will take us into smooth seas; you are, per- 1: letter to General Pinckney, dated on the subseq uent 'is haps, for one, who might conduct us into a tempes- tuous ocean, where shoals and quicksands abound Do not think that we are positively unfriendly to Ge- neral Jackson. We disclaim any such feeling. W r e are as willing as any of you to give him reward for his services — honor for his valor and gratitude for his patriotism. But when he claims the highest ci vil office in the nation, and one which, in our opin ion, requires a mind of different structure and a to tally different temper from his, we must withhold our assent. The ground we have first suggested, to the considerate mind, will, we think, furnish a conclusive argument against him; but those who may not be convinced, we ask to accompany us in an examina tion of the objection we have last hinted. It is in substance this — Gen. Jackson possesses a violence and impetuosity of temper, which renders him an un- safe depository of power. He is bold, daring and in- trepid; but his bravery is rather physical than moral, and his energy is more under the guidance ofparsion than principle. His perceptions of political justice or private right, are very indistinct when a favorite ob jeet of pursuit engages his mind; and we believe, he would not be restrained by taws or constitution from indulging his own wild views of expediency or neces- sity. He is better fitted to do than to think — and his conduct indicates more \hoferccness of pride and au- thority, than the firmness of virtue. With such a man, the gradation from legitimate command to usurpation, and from usurpation to tyranny, is too ea- sy to render the process at all improbable. The public life of Gen. Jackson, we think furnish- es ample proof, that the view we have taken of the prevailing tendency of his mind and temper, is cor- rect, and that the danger we have merely hinted, may be seriousl} apprehended. In support of our opinions, we shall proceed to review some promi- nent incidents of his military conduct. This, we think we have a right to do "in a forcible but deco- rous manner." His private character we shall not as- sail, and we regret that it has been introduced in the discussion of his merits for office. But those acts, which he has done with the power of the peojde in his hands, we conceive are fair subjects of scrutiny. In- deed, it is our duty to examine, into the conduct of our public servants, where acts of oppression or cru t\U r are alledged; and we hold every man responsi-l account of the- -we cannot call jday, gives an [it battle. He says, "determined to exterminate |them, I detached General Coffee, with the mounted jmen and nearly the whole of the Indian force, early jon the morning of yesterday, to cross the river, 'about two miles below the encampment, and to sur- round the hoid in such a manner, as that none of them should escape, by attempting to cross the river." The | result he details: "Five hundred mid fifty-seven were left dead on the Pcninsida and a great number were killed by the horsemen in attempting to cross the river, IT JS BELIEVED THAT NO MORE THAN TEN HAD ESCAP- •ed." " We continued,'' 1 headds, ci lo destroy many of them ivho had concealed themselves under the banks of the river, until ice were prevented by the night. This Morning we killed 16 which had been concealed." The village was burnt to the ground, several women 'and children were killed, and the remainder made pri- soners. Extermination indeed!! He who can read the account "with composure," must have the heart of Timour or Kouli Khan. Miserable remnant of the once lords of the forest, who held in free domain this mighty continent. In an evil day for their hap- [piness, did civilized white men intrude upon them. They have been driven from the hunting grounds where the bones of their fathers lie, and year after year is the surge of population pressing them on. We constantly hear their complaints pf encroach- ment, and yet when a sense of injury goads their untaught minds, to acts of violence and outrage, they are to be "exterminated.' 1 '' Some we know will urge that savdge enemies are not entitled to quarters, and we admit that by the severe laws of war they are not — they maybe struck down in battle, although they offer to surrender. But when did an army of christians surround an enemy for the very purpose of putting them all to death; of preventing any from es- caping? The rule of humanity, which is the foun- dation of the law of war in such cases, is that the moment an enemy ceases to resist, the right to take away his life also ceases. It is a desperate necessity only which can warrant the destruction of human rational beings, and when that does not exist, a ge- neral "is responsible to God and to man for every person that is killed." Sixteen poor trembling wretch- es were dragged from their hiding places on the next morning, and in cold hi tod ]mt to death ! ! ! But we 3 leave ihis case to the consideration of the candid and the pious. If it does not manifest in the com- mander, who gave the orders, more the spirit of ven- geance than of good feeling, our hearts deceive us. The extermination of the poor Indians of course put an end to the war; and General Jackson, after gar- risoning what he called "the conquered country,'" returned to receive an oration from his fellow-citi zens at Nashville. In his reply to their address on that occasion, dated 4th May, 1814, he says, "we ' have laid the foundation of a lasting peace; these fron- l tiers which had been so long and so often infested by the savages, we have conquered." It is material to remem ? ber this date and the admitted state of the country, be- cause, we think, it has an important bearing, upon the case of the unfortunate "six militia men," which we will now proceed to examine. John Harris, a Baptist preacher, in Tennessee, and the father of a family, engaged himself to go out as a substitute, for one Sharrill, who was drafted to serve a tour of garrison duty at Fort Jackson, in the Creek nation He was mustered on the 20th of June, when his term of service commenced. He continued in the faithful discharge of his duty until the 19th Septem- ber, when, as he supposed, his time of service had expired. This opinion he had formed from the act of Congress of 1795, which provides "that no mili tia man shall be compelled to serve more than three months in one year." He had also been told, by his officers, that the period of his legal service was up On the 19th September, then, he began to make ar rangements for his return home to his family; and that his journey through the wilderness, might be more secure and comfortable, he endeavoured to as certain who, of his companions, in the same circum stances, would accompany him; and at their request, wrote down their names. Having returned his gun to the captain, and taken a receipt for it, he set out for Tennessee, on the next day, with a number ofl others, whose time had also expired. By order of Gen. Jackson (who was now in the regular service, having been appointed about the 31st of May) they were pursued by a party of soldiers — were dragged from their families — taken back to Mobile, and put in irons. They liy in that situation, unti 1 the 6th December (nearly two mouths and an half after the alledged offences were committed) and were then tried by a court martial and condemned. The pro ceedings of the court remained before the command ing General, Jackson, until the 22d January, 1815, when he ordered Harris and five of his associates to be shot to death, within four days; and the wretch- ed men were EXECUTED accordingly. In this awful case of military infliction, there are many things to excite the deep sympathy, and to awaken the scrutiny of a free and feeling people. A great portion of our citizens are militia men, and in some possible contingency, might be placed in the situa- tion of Harris and his unfortunate companions. It is very* important, therefore, to know whether they can be put to death, in a summary manner, for as serting their right, according to their own apprehen sion. In the case before us, there is not a doubt but that Harris and his associates firmly believed that their time was up, and that they were free to go Admitting; that they were mistaken in this, wha-t was the necessity that induced the General to make this bloody sacrifice to violated discipline? Was it for the sake of example? Why then were they not brought to trial immediately, instead of keeping them in irons for more than two months? And even after trial, why was the or.dej of execution withheld \vntil the 22d of January, nearly a month after the treaty of peace was signed? Again, we would ask, why,- when the case allowed so great delay, the'proceed- ings of the court were not transmitted to the presi- dent of the United States, for his decision? The 65th art. of the ' ; i ules" for the government of the ar- mies, &c. provides, that no "sentence of a general court martial in time of peace, extending to the lots of life. S?c. shall be carried into execution until after the icliolc proceedings shall have been transmitted to the at cretury of war ,to be laid before the president of the IT. States, for his confirmation or disapproval and orders in tlie case." iNow, although sometimes, the necessity for example may be so pressing and urgent, in time of war, that it would be dangerous to wait for the decision of the President, yet that cannot be assert- ed in this instance, and the trials of Harris and the others, were fairly within the scope and spirit of the provision. But in fact they were within the very letter of it also. Observe that General Jackson ad- mits, in his statement to Mr. Owens, that these men were drafted to garrison the country conquered from the Creek*. Now, that war, we have already shewn, was at an end, at all events, in May, 1814, and a treaty was actually made on the 9th of August following. At the time then, cf Harris' alleged offence in September, 1814, the country, so far as respected that portion of the military force, was in a state of peace. It will not do to object, because we were at war still with Great Britain, that, therefore, the pro- vision of the 65th article will not apply; because, by entering into a separate treaty with the Indians, we admitted that they were not connected, or in com- mon cause with the other enemy. The country must regret, that General Jackson did not pursue the course which the wisdom and humanity of congress intended. If he had forwarded these proceedings to the president, Harris and his miserable compan- ions, in suffering and death, might yet have been happy husbands and fathers — and honest, useful ci- tizens. The policy of our government hay always jbeen opposed to the severe application of military justice; and accordingly we find, on the 17th of June, 1814, president Madison issued his proclama- tion, granting a full pardon to all deserters, whe jshould surrender within three months. But our sor- row for the unhappy transaction is greatly heighten- !ed, when we come to examine the true nature of the jcase, as it respects their guilt or innoeence, upon the jlaw and the faeis as now developed. We believe there was no evidence sufficient to convict them of an offence even against municipal law; but that is immaterial in the present inquiry Were they charge- able with any thing contrary to the rules and articles of war ? Or were they subject to the jurisdiction of a military court? We answer in the negative to both these points; but, to avoid prolixity, we shall confine ourselves to the last. The question occurs, then, were they regularly in the service of the Unit- ed States, when the alleged offence was committed? If they were not, the controversy is at an end, for it will not be pretended that as citizens they could bo subject to a military tribunal, lor the matters alleg- ed against them. We have already noticed theact of 1795, limiting the term of service of the militia to three months. By an act, passed the 18th April, 1814, it is declar- ed "that the militia, when called into the service of the U. States, by virtue of the before recited act, (Feb, 28th, 1795,) may, if in the opinion of the presjr. •lent the piihlic intcrcc-t r^uiws if. be Cp'mpellgd to serve for a term not exceeding 6 months, alter their arrival at the place of rendezvous, in any one year." Gen. Jackson alleges, that these men were drafted under this act, for six months; but surely it is neces sary to show us in order to sustain this position, that the president had so ordered. This had not been done; and on the contrary it now appears that the only authority from the war department which' in any event could have warranted the draft, was issu- ed by secretary Armstrong, on the 11th January. 1814, and evidently under the act of 10th of April, 1812. This last law, however, had expired by its own limitation before the requisition was made. To allege that the call was in pursuance of the act of 18th April, 1814, is at once to admit that there was no shadow of authority for it, as the order of the se- cretary is dated more than three months before that act passed: and if it is conceded that it was intended to be under the act of 1812, (as the requisition of the war department really was) then it is not sustain ed, because the draft was made after that law had expired. The order of Gen. Armstrong, therefore, could have subsisting relation only to the act ol 1795, which limits the term of service to three months, as we have shown. Besides we do not see any exigency, to make a longer draft at all necessa- ry. But to put the matter at rest, we allege, and un dertake to prove that these men were not called into the service of the U. S. by any direct requisition of the president, and, therefore, any pretence that they were bound to serve for six months is altogether un- founded. In the first place, we observe that, allho' this affair has been agitated for several months, and General Jackson has been writing on the. subject, in a manner that shows his feelings to be strongly ex- cited, yet he has furnished to his friends no evidence that the war department ever ordered the draft as itwas made. This negative proof, when the "onus pro- bandi," lies upon the accused, might be suflicient. We, however, adduce positive testimony, that Gen Jackson himself directed the draft, without refer- ence to any requisition from the president. By ; proclamation, issued from '-head quarters, Nash ville, May 24, 1814," and signed by him as "major "general, commanding 2d division of Tennessee mi "litia," he announces, "the happy termination of the "Creek war," and that "good policy requires, that "the territory conquered should be garrisoned," S,-c. fyc. He then adds, "the brigadier generals or ofli- "cers commanding the 4th, 5th, 6th, 7th and 9th "brigades, of 2d division, will forthwith furnish, from "their brigades, respectivel)' , by drafts or voluntary "enlistment, two hundred men, with two captains, "two first, two second, and two third lieutenants.and "two ensigns, well armed and equipped for active "service; to be rendezvoused at Fayetteville, Lin "coin county, in the state of Tennessee, on the 20th "June next," &c. At this time Gen. Jackson be- longed to the militia, and acted under the order of Gov. Blount, of May 20, 1814. He was not in the. ser- vice of the U. S., nor under the orders of the presi- dent, until he was appointed a brevet Maj. General. in the room of Gen. Harrison, about the last of May. Harris and his comrades were part of the 1000 men. that were thus mustered ''into the service of the U S. for 6 months." But Gen, Jackson says, the court found that they "were legally in the service." This suggestion is too absurd; it is a«#ording to the pro- verb, "catching at straws." It was not a part of the enquiry before the court; the very fact of the men being brought before a military tribunal seemed to! put the matter out of question. But if the court /nv/' even decided so, it would make the case no better for the General, bee. '.use he knew that they were not; he knew that neither he or Gov. Blount, had power to draft men into the service of the United States, at pleasure, contrary to law. An attempt has been made, by Mr. Duff Green (editor of the U. S. Tele- graph, at the city of Washington) who calls himself the 'organ," of the friends of Gen. Jackson, to im- pose upon the public in relation to this affair, in a manner that evinces quite as much effrontery as in- genuity He admits that no order of the president ex- isted to render the draft for six months legal under the act of 18th April 1814, but says that "in no case j where the militia were called into service, under the act of 1812. did the president issue such an order, and that in all cases, where the call was not limited to a less term, the militia were mustered for six months." In this we agree, and if Mr Duff Green, had been so far influenced by truth and candor as to have added the 9th section of the law of 1812, under which he intimates these six militia men were called out, we should not have been under the painful ne- cessity of exposing his artifice, ft reads in these words, "And he it further enacted, That this act shall continue and be in force for the term of two years from the passing thereof, and no longer." This law was passed on the 10th of April, 1812, and consequently had expired by its own limitation on the 10//j April, 1814, more than two months before the six militia men were mustered into the service. Such is the miserable subterfuge that the friends of Gen. Jackson are driven to in this desperate case. They dare not meet the truth, and .are compelled to lattempt a deceptive defence by mutilating an obso- j lete act of congress, that has no more to do with the matter than a law of the Medes and Persians. As well might they endeavor to sustain him by adverting to similar provisions in the acts of 18th April, 1806, and 30lh March, 1808, both of which were limited to two years, and had accordingly expired. (See Duane &.Wrightman*s edition of the laws of the U. Slates, 4th vol. page 158, 407.) The fact is that in June, 1814, there was no law authorising the draft, but the, act of 1795, already referred to, which limited the term of service to three months, and the act of 18th April, 1814, which enabled the president, as already stated, to extend the time by a special order to six months, if, "in his opinion," the "public interest re- j quired it." (See laws U. S. 4th vol page 703.) It i3 [admitted that no such order trtfs ever given; nor indeed does it appear that the government bad any know- ledge of the draft. Gen Jackson, as we have alrea- dy shewn, returned to Nashville, on the 14th May, 1814, and his requisition on the brigadiers was on the 24th, only ten days after. In this interval, it is impossible that he could have communicated with the president on the subject. That no other law was in existence, which could have any bearing up- on the case, is proved by the requisition made by the secretary at war, on the governors of the different states, an the 4th of July, 1814, which refers ex- pressly to the acts of 28th February, 1705. and the 18th April, 1814. Not a word is said in this requi- sition, about six months service. The quota of Ten- nessee is thus stated: "Tennessee — 2 regiments and 1 battalion, viz: 2500 infantry; total 2500. Gene- ral staff— 1 Brig. Gen. 1 assistant deputy Quarter Master General, 1 assistant Adjutant Ge.neial " The vain device that has been employed to shelter the conduct of General Jackson, in this horrible affair from public indignation, thus disappears before the light of truth and the force of evidence. Not a doubt Jiangs over the transaction. The unhappy six mili- tia men were never legally in the service of ihe U. S. for six mouths, because not drafted by any requi- sition from the war department/or that period The order of General Armstrong fixed no time, and hav- ing relation to the act of 1812, of course died with it, at least so far as respected any power to extend the draft. They could not have been called out for more than three months, without an express order from the president, which it is admitted was not made. They were mustered into the service for six months, by General Jackson himself, who had no more power to enlarge the time ' repaneies— and many others we could point out-* we leave you to say whether they ought to have im- plicit credit for any statement they may choose, to make, as exigencies in their case occur. Feliow citizens, we ask your serious reflection to this awful, melancholy catastrophe. The soil of the country is stained with innocent blood, for if these wretched sufferers were not legally in the service, the specifications do not set forth any matter which ought to have put them on their defence. Six free- men, connected by dear relative and social ties, in the enjoyment of domestic happiness and in the peaceful pursuit of honest industry, left their fami- lies and their firesides, at the call of Gen. Jackson, whom thev supposed to have authority. They faith- fully discharged their duty, during the whole period that, by the statute book/they could be compelled to serve. At the end oftheir time, conceiving that the law, and not the arbitrary ivill of any individual, determined their rights and obligations, they return- ed to their homes, without violence, with the know- ledge of their officers, and with the approbation of some of them. For this pretended offence, they were seized by military force in the face of municipal au- thority- -in the heart of the country, where a civil magistracy was in the exercise of its functions— were carried off— ignominiously ironed as felons-— and af- ter a long confinement, and a mockery of trial before an illegal tribunal, were, by order of Gen. Jackson, shot to death. _ # We leave this case with you. If the opinions and feelings of an enlightened people can sustain such fla- grant'violations oflaw--such reckless indifference to human suffering—such wanton destruction of human life- -there is an end of our boasted liberty, and iron handed despotism may chain us down at pleasure. John Harris was, perhaps, an obscure person, though a preacher of that divne Saviour, who said, "Blessed are the merciful for they shall obtain 'mercy." Pos- sibly when General Jackson issued the order lor his execution, he considered it a matter of trivial im- portance. But yon will say, fellow-citizens, whether the life of a husband aud'fahcrh of little value. — Bring the case home to yourselves; your wives, your infants, your friends, your neighbors realize the an- guish of 'widowed hearts, and the cries of the desti- tute oiphaiis---rwid then exercise your elective fran- chise in the way that humanity} justice, reason and safely shall dictate. We will pass over some intermediate incidents with but slight notice. The embargo, imposed upon the ports of Mississippi, Mobile, &c. although as- sumptions of sovereignty, may possibly admit of jus- tification, under the sweeping plea of "necessity;" and, perhaps} the same may be said of the entry in- to Ptmsacola. a neutral place, "stvord in hand." We shall not stop to enquire; hut proceed to the scene of general Jackson's most splendid achievement. "JYeio Orleans," we know has become almost a talis- manick word; and has been used, indeed, with ex- traordinary success. It seems, with many, as if their sense of national glory, their military pride, their gratitude for distinguished services, all had reference To that brilliant defence. We would not pluck a leaf from the general's lamel crown, and shall not, there- fore, quarrel with his devoted Friends about it: but^ we certainly never did see in that affair, either as U its consequences or the tactics displayed, any thin/ which ought to throw in the shade the victory gallant Perry— which, we conceive, was vastly nq important, indeed, to the nation. We might say same, also, for that of commodore MTJonough—^ perhaps, even the battle of "Bridgewaler." J*C- <-;- vnotwr Wisioess^t pnesenfc "trf make enquiry VntottWe shall now proceed to show that tfiese ••rules' comparative, merit— -all we ask is that our fellow-cit- were 'rigidly enforce.].' In o>der to avoid contro- izens would look steadily through the blaze of glory, which they have thrown around the "hero," and view with impartiality the man— The first tremendous display of military power at IScw Orleans, was the proclamation of "martial law," on the 16th Decern ber, 1814, by which the city and environs were plac- ed under the following rules, viz: — ''Every individ- ual entering the city Will report at the adjutant gen eral's office, and on failure, to be arrested and held for examination." "No person shall leave the city without permission in writing: signed by the gen eral or one of his staff." "The street lamps shall be extinguished at the hour of nine at night, after which time persons of every description, found in the STREETS, OR NOT AT THEIR RESPECTIVE HOMES, With out permission in writing: as aforesaid, and not hav- ing the coCNTERsiGN,sha!l be apprehended as SP1ESJ and held for examination." &,c. — To the citizens of this free republic, who have been accustomed to took to the statute hook and the decisions of civili courts for the determination of their duties and ob ligations, and who have had no other fear, than that 1 of a sheriff and constable before their eyes, these! ■"rules" may seem very strict, and, perhaps they may fee curious to know by what code the tresspassers were fo be adjudged. " They will be astonished to learn that the mere v.mi.t. of the commanding gen- eral was the arbiter of fate. Chains and death fol- lowed his decree. Bat as we shall have occasion hereafter to speak of "martial law," it may be well enough to ascertain what it is. — We will give the definition in the words of sir Matthew Hale: "Mar- tial law is in reality mo law, but something indulged rather than allowed as law. The necessity of ohder, and discipline in an ahmy is the only thing: that can give it countenance; and, therefore, it ought not to be permitted in time of peace when the courts are open for all persons to receive justice according to the laws of the land." It is the absolute power which a commander in chief uses over the soldiery. This dangerous authority has only relation to the go- vernment of the army; it has no operation upon the citizens, to whom the ordinary administration of mu- nicipal jurisprudence is accessible. Jl country can never be placed under martial law, because it can- not he entirely occupied as a camp; nor can a city. unless it is, also, a garrison. General Jackson, by his overwhelming decree, annihilated the sovereign- ty of Louisiana: he extinguished the legislative and judicial functions of the government, and of course nothing: was left. This was his intention, as deelar ed in his reply to an address of the citizens. He says, martial law. "while it existed, necessarily sus- pended all rights and privileges inconsistent with its provision:" and l.e afterwards speaks of having "re- stored the civil poiver to its usual functions;" thus ad- mitting that they had been for a time destroyed. What then was the situation of the people? Why that of slaves; as completely so as arbitrary will and despotic powe* could make them. They were lia ble to be {'apprehended," condemned by a military court, and shot, without judge or jury — without re- medy or appeal; and this too, not merely for offences defined in the articles of war. New crimes are cre- ated and undefined penalties denounced. He cstab lishes a "curfew," and by an unaccountable perver- sion, declares that all persons found from home after f» o'clock shall be seized as "spies,"' and of course dealt with under Hie ''second section," which ex- Rceasly relates only to those who are 'hot citizens. 1 versy, however, we will agree that all acts, done un- der this tremendous system, prior fo the news of peace, shall be covered by the plea of 'necessity.' — Let us then come fo that period. O;: the I9th of February, 1815, general Jackson announced that a flag ship had arrived with news that the treaty had been signed on the 24th December, at Ghent. This intelligence the editor of the Louisiana Gazette, gave to the public on the 21st of February; and on the same day his printing: establishment was put under 'martial law,' and he was prohibited from publishing any thing on the subject, unless he had 'permission from the proper source.' On the 28th February, the consul of France, and many French subjects, were banished, because they refused to remain in the ranks as soldiers, considering the war at an end. "The existence" of martial law was reiterated on the 4th of March, and the "second section" published "by command." On the next day the general is- sued his order, reciting the decree of banishment, and enjoining all officers and soldiers to arrest the persons described therein, and confine them. A messenger from Washington, who was sent with des> patches relative to the peace, arrived at N. Orleans on the 7th March, and on the next day Gen. Jack- son, upon the request of a number of officers and sol- diers, directed his order of banishment to be sus- pended, "except so far as the same relates to the che- valier de Tousard, who is not to be permitted to come within the lines of the camp or fortifications without special permission." Here then was "martial law ri- gidly enforced" in the case of this unfortunate gen- tleman, (the friend and former associate of our be- loved Lafayette) after the general was informed of the peace by his own government. But this was not the only case A letter from N. Orleans, dated 10th March, published in a New York paper at the time, shews the situation of things as then existing. It states "that martial law still prevailed there,notwith- standing the commanding general had been in the possession of the news of peace for several days. The district judge and district attorney had both been ar- rested by a military guard and marched off to head quarters, for having issued a habeas corpus, to release from confinement a citizen of New Orleans, who was about to be tried by a "military court martial, for "having written and published a paragraph which did not meet the approbation of the General. Ano- ther Judgje of one of the courts having attempted to interfere for the release of his brother Judge, shared a similar fate." The letter-writer goes on to state, "that all was fear and dismay— no one could tell whose turn it would be next to fall under the displea- sure of those exercising the powers of the govern- ment." The evidence which Gen. Jackson himself has placed on record abundantly proves that this view is not exaggerated. The case alluded to, in which the habeas corpusj was granted by Judge Hall, was that of Mr. Loual- lier, a gentleman of great respectability from Ope- lousas, and a member of the legislature, who had distinguished himself by his patriotic zeal and pri- vate benevolence. After the decisive victory of the 8lh of January, he considered any further attempts of the enemy altogether impossible. General Jack- son, also, wrote the Secretary of War on the 19th January, "that the enemy had made his last exer- tions in that quarter for the season." This gentle- man then observed, with astonishment and apprehen- sion, the continuance of ' martial law,' without a sha-j dowof necessity; and at length the banishment of! the French consul and his countrymen, induced him to question the propriety of the order. For doing so he was arrested by soldiers and confined, to be tried by a military court. And for what? Any offence defined by the articles of war? Not at all. It was in fact for presuming to oppose, by the very mild re- monstrance, the overwhelming usurpation, which had totally annihilated private rights and placed the lives and fortunes of the community at the controui of a military chief Fortius, (neiv crime in aland which boasts of the liberty of the press,) he was put in jeopardy of his life. — While in confinement under a guard of soldiers, separated from his family and friends, on the 5lh March, 1815, nearly a month and a half after the enemy had retreated, (which was pri- or to the 21st January, as the General's proclama- tion on that day shews,) and more than two weeks after the news of peace, the counsel of Mr. Loual- lier, applied to the judge of the United States 1 dis- trict court for a writ of 'habeas corpus.' This the judge was bound by his duty and his oath to grant; if he had refused, it would have been a misdemea nor, for which he might have been punished. Ac- cordingly the writ was allowed, and made returna- ble on the. next day. On the same evening, howev- er, judge Hall, was forcibly taken from his home, Br A PARTY OF SOLDIERS CARRIED TO THE BAR- RACKS, and there confined. The clerk of the Gourt, R. Claiborne, to whose deposition we refer in proof of the facts we now state, called to see him and was kefused admittance. On his return to his lodg- ings, he was met by a Major Chotard, the general's aid, who produced an order from the general, re- quiring him to give up the original petition which the judge's allowance endorsed. The clerk observed, that by a rule of the court, he was not permitted to deliver an original paper out of the office; but saidj he would go to the general with it. He did so, and; the general upon seeing the paper, declared he woultl keep it. The clerk objected again, the order of court, to which the general replied, he would keep! it on his own responsibility, and actually did so. — The district attorney, Mr. Dick, applied to judge Lewis, for a habeas corpus; to relieve his brother judge. Both these gentlemen had fought in the de- fence of the city, and judge Lewis had been com- mended, in general orders, for his good conduct. — ^et they were both arrested as traitors, and their lives were placed at the peril of a military court. — Fellow citizens, these things are true — we challenge contradiction of a single fact we have stated. In- deed we have not presented them in so strong a point of view, against the general, as a more full de- velopement of them would have allowed. We aim at brevity and condensation, in order that we may! be able, in reasonable compass, to show the ground we take. Will you now in justice to yourselves and^ your children and in candor to us, give your calmj reflection to the principles and consequences of the! transactions we have disclosed? If you do, we ven-, ture to say you will be convinced, that never was greater usurpation and tyranny committed in a conn-; try boasting of laws and liberty. We know that the, in authority exceeds the. pon Vr given him by the law lance of General Jackson, never could discover (hem. Not a single individual was ever convicted of such a crime; nor is the name of one upon record. On the contrary, never was there more devoted zeal, more bravery and unanimity than was displayed by thecitizens generally- But take the testimony of General Jackson himself. In his letter to the mayor of New Orleans, dated January 27, 1815, he says, "I pray you now, sir, to communicate to the inhabi- tants of your respectable city, the exalted sense I entertain of their patriotism, lovej>f order, and ATTACHMENT to the PRINCIPLES of OUT EXCELLENT constitution." Yet over such a people it was neces- sary to duclare and enforce martial law — treating those citizens, for whom he expresses so high on o- pinion, as 'spies, 1 if seen in the streets after 9 o'clock at night. Let us, however, hear the general further — "Seldom in any community has so much cause been given for deserved praise; while the young men were in the field arresting the progress of the foe, the aged watched over the city and preserved its interal peace; and even the softer sex encourag- ed their husbands and brothers to remain at the post of danger and duty." This then was his deli- berate opinion at a time when, if there had been treachery, its effects must have been experienced; for it was three weeks after the battle, and ten days at least, after the enemy had retreated. Where, we ask, is the eandor, and where is the justice of those who would charge treason against the people oi New Or- leans, in order to cover from public view, the errors of their favorite 'hero?' We cajj, again, for any evi- dence that ever even a single individual was guilty of the foul crime, which is now imputed to the Le- gislature and people of Louisiana. Will the case of Louallier be relied upon? Is the publication of a paragraph, in a newspaper, to be called treason to the state because offensive to the pride of the ge- neral? This would be to rivive the 'crimen loesae magistatis,' in ail its terrors and with a new aspect. But Louallier was not convicted of any offence des- cribed either in the articles of war or in the gene- ral's 'rules: He was tried by a court martial, the members of which, fortunately, had independence and virtue enough to acquit him honorably of every charge. We may then assert that he was innocent, for the general's own tribunal so decided. Yet for allowing a writ of habeas corpus to this injured man, judge Hall was 'shopped,'' according to the general's jocose but emphatic expression to the marshal; when the district attorney attempted his relief, he shared the same fate; and an order was issued to arrest judge Lewis, because he had been applied to for an- other writ. Louallier, too, although acquitted, was continued in confinement for some lime longer. Allow us now to present you a definition or two from a celebrated writer on government, Mr. Locke, and we will then attempt to draw the conclusion, which, we think, the facts a( A '•ircumstances fairly warrant. "Usurpation is t\ t ie of a power to which another bath a right. Tyranny is the ex- ercise of a power to which nobody can have a right.' Wherever law ends, tyranny begins: and whoever partisans of General Jackson defend his outrageous! — and makes use of the force under his command to proceedings, by the usual plea for the exercise of ar-'j compass that which the law allows not," is a tyrant. bitrary power— 'necessity: They say that the people. Apply these definitions to the transactions we have of New Orleans were disaffected, and the legislature traitorous, that the inhabitants were in correspon- dence with the British, &c. &c. It is possible there may have heen persons who would have sold their country for gold, but if there were, even the vigi- been examining and form your deliberate judgment as to the character of general Jackson's public con- duct. We allege that he has usurped the powers of tiie executive and legislative branches of the govern- ment; and that he has used the powers, thus assum- I ed. tyrannically. We assert that he Las infringed! elation of his reason for "shopping his honor, and sjjs the constitution, disregarded the laws and violated the private rights and personal safety of the citizens Th nccs are subrnittcid: In the case of the 'six militia men,' we say that the 5ti, ai iicli ;t lue ^amendments' of Hie. constitution of the United States was infringed, by calling them to answer for a 'capital crime,' without 'indictment of a grand jury,' when they were not in actual service. neither was it *in time of war or public danger,' and in having 'deprived them' of life 'without due pro cess of law.' The articles of war were disregarded in the particulars we before noticed. We have waiv- ed any discussion, at present, as to the right to de clare martial law during actual hostilities, so far as the discipline of the army was concerned, but we as jert that the continuation of it one day after the ne cessity ceased, waj an infringement t>f'oor free in- stitutions and rights -was tota.ily illegal and tyranni- cal, The 1st article ofthe'amendments' was violat- ed by abridging the freedom of (lis press.and putting it under a military censorship*. This was tyranny also, according to our definition; for it was 'exercis ing a power to which nobody, (not even Congress) can have a right. But the great barrier of the po litical safety of the citizen was broken down in the case of Loualiier and the judges. The 9th sectior, ©f the 1st article of the constitution, which limits the powers of Congress, declares that "the privilege of the writ of habeas corpus shall not be suspended, un- less when in cases of rebellion or invasion the public safety may require it.' Tberigbt to this writ, which is the only security we have against the exercise Of arbitrary power, was in this instance entirely taken away, and under, the extraordinary and violent cir- cumstances we ha'e mentioned The office papers were illegally withheld from the clerk, and the judge was forcibly dragged away and imprisoned. We de- ny that under the constitution, even congress, in this instance, could have suspended the writ. Peace was made, there was neither i rehUliciri > nor 'uivrts/oV — nor did the 'public safety require it.' Gen- Jackson, however, by military force, defeated the right in the particular case, and in order to prevent the further interference of the judge with his proceed ing, 'shop- ped /hot,' as he said. Nov,- in what situation were the people of New Orleans? General Jackson might have imprisoned hundreds of them and have taken their property without the possibility of their hav- ing legal redress. The only remedy would have been an appeal to physical force, and even then he would have had the advantage, with a disciplined ar my and the means of war. It is impossible, we think, for those who have candidly examined the facts, not to believe that general Jackson was influenced, in ■Louallier's case, by feelings of resentment, operat- ing upon a naturaily overhearing and violent torn per. In the written defence which he offered, in the proceeding against him for these oppressive and ille- gal measures, he says, 'To have silently looked on such an offence (meaning the offence of Loualiier, which in the opinion of the court martial was no of fence at all) without making an attempt to punish it, would have been a formal surrender «Vc. of all per- sonal DittNiTV," $-c. And immediately after, he in-| timates his own apprehension, that the party Was] not the subject of any criminal proceeding, either pending', as he says, 'the exercise of this judicial power, viz. the habeas corpus. Here then, by his own shewing, he has exercised a power, that, in a- vent, can only belong to congress, which is usur- pation — and he has exercised a power against law, and oppressively, that under the existing circumstan- ces, not even congress could exercise; which is Ty- ranny. We regret that our limits will not permit a full developement of the case of the much injured Loualiier. He fell a victim, we have no doubt, to the stand he made for the rights of his fellow citi- zens. As a member of the legislature, he opposed the suspension of the habeas corpus act, believing that no necessity existed to warrant such a tremen- dous measure: — a measure which annihilated the on- ly security of the citizen, and placed him, alike with the soldier, at the absolute control of the command- ing general. This was his first offence; but when gal- lant Frenchmen, who had fought bravely on the lines, in the battle of the 8th January, and some ef them the very men who had directed the artillery oo that memorable day, with such tremendous effect a- jiainst the enemy, were banished, because they were anxious to return to their families after the war was at an end, be drew upon himself the wrath of the general by urging a mild remonstrance. Could we jpresent tbo case of these proscribed gentlemen also, it j would appear to be one of great vexation and hard- ship. The whole population, capable of bearing ;arms, had turned out to defend the city. The inhab- itants ofN. Orleans, and those persons in the num- ber, composed the 1st and 2d regiments. After the enemy had retreated, it seemed reasonable that those !nho had families in the city would have been permit- ted to have returned; yet it is an extraordinary fnci, that Gen. Jackson ordered the 1st and °2d regiments to remain at Villere's farm, and marched his regu- lars and foreign militia into the city. Any man can appreciate their feelings. Husbands, brothers and fathers were thus compelled to leave their wives, sis- ters and daughters to the doubtful protection of strangers, while they were, compelled to remain in the field, by severe discipline, the propriety, justice or necessity of which they could not perceive. But we must pass en, requesting you, fellow-citizens, to put this question to yourselves after reviewing the facts: Suppose General Jackson should bo elected President and commander- in chief of the army and navy and of the militia when in actual service; sup- pose he should by means of the military spirit that prevails, get the nation into a War: Suppose he should declare 'martial law,' and under pretence that Hie members rsf Congress were disaffected, should put them under arrest and 'shop' the Judges — pray what kind of government would you have? Observe that this is not an impossible case, for the same powers that he exercised at New Orleans, he might exercise at Washington city, or Washington, Pennsylvania. In examining further the public acts of general Jack- son, we shall develope the same usurpation of the powers of government- -the same disregard of law, and the same tyranny orer the private rights of in- dividuals. During the year 1S17, some disturban- ces existed between the frontier settlers of Georgia and the Indian tribes. It would be useless to en- quire, where the fault lay, were it not that we think under the articles of war or his own 'rules'— for he 'he public mind has been misled on the subject, and says, (speaking ofthe judgeVan unbending sense ofM»any violent proceedings of general Jackson have what he seemed to think the conduct, which his esta- [heen tolerated by the prejudices of the people against tion require.!, might have induced him to order thef these savages. We believe they have been "more Iteration of the prisoner,' &c. This was the foqn :|sinned against than sinning," and that if the truth was known, it would app'e'ap that there never was a more oppressed race of men. All the violations of law— all the outrages against humanity that were committed during the quasi war, have been justified Under the plea of 'rddsalivn;' 1 &n& the murders of the savages have been placed in detail before the na tion, to shock the feelings and inflame the passions of the people. Let us look, however, at the other side, and if we take the testimony of one of our own witnesses, we were the aggressors: — Governor Mit- chell, of Georgia, examined before a com rmttee of the senate. 9ijrs,*the peace of the frontier has been disturbed by acts of violence committed by the white* as well as by Indians.' 'These acts were increased $*c. by a set of lawless and abandoned characters, (whites) who had taken refuge on both siJes of St. Mary's river, and living principally by plunder.' 'I believe the first outrage committed on the frontier of Georgia, after the treaty of Fort Jackson, was by a party of these banditti, who plundered a party of Seminole Indians, on their way to Georgia, for the purpose of trade, and killing one of them. This pro- dueed retaliation on the part of the Indians, and hence the killing of Mrs. Ganetand her child!' — Af forwards he says, 'Gen. Gaines, arrived with a de- tachment from the west — sent for the chief of Fowl- town — aud for his contumacy in not immediately appearing before him, the town was attacked and destroyed by the troops of the United States. This fact was, I conceive, the immediate cause of the Se minole war.' Seon after the affair at Fowltown, Lieut. Scott and his party were attacked, and fell victims to the rage of the savages. — The matter now hecp.rae seri- ous, and general Jackson was ordered to take the field. — He was informed hy the secretary at war, of the force at his disposal, viz: — regulars and militia 1800 men, and was directed, if more became neces sary, to apply to the governors of the adjoining states 4*c. Let us see how general Jackson obeyed this order. The governor of Tennessee, was then at Nashville, within ten miles of the 'Hermitage,' yet, general Jacksen, without deigning to consult him, issued his call upon 'the patriotism of West Tennes seans,' and in this way, by his own authority, again raised an army of 1000 mounted gunmen. He ap pointed officers, to command this corps, himself, without even reporting to the secretary at war, their names. The alarming precedent is before the peo pie for their consideration If a general can by such means, get at his contr.oul 1000 men, he may 10,000 or 100,000 and when once in the field, it will be too late to enquire into his authority. A court martial, composed of officers, thus appointed by himself would soon convict of 'mutiny' any refractory stick- ler for Caw or constitutional right — as the miserable six militia men fatally experienced. — This formida- ble foree, altogether amounting to 3300 men, against which, according to colonel Butler's statement, there were never 'at any time during the war more than 5 or 600 enemies embodied at any one place,' it may he supposed 'looked down all opposition.' Accord inaly, general J.iekson traversed the Creek countn and drove the miserable rabble of Indians anri fagi tive slaves before him. The war was finally termi- nated with the loss of only three killed on our side, and two of those at the Farancas. Great number.' of cattle, several thousand bushels of corn, and much other plunder was obtained. 'Three hundred hous ©s were consumed — leaving a tract of fertile coun- try in ruin.' On the 25fh March, general Jackson had issued his order to cajpts M'Keever, commanding the naval forces in the bay of Appalachicola, to 'cruise along the coast eastwardly, and capture and make prison- ers of all and every person or description of persons, white, red or black, with all their goods, chattels, and together with all crafts, vessels, or means of trans- portation, by water, $-c. — Against what particular jnation, or nations, traversing the, high seas, this (sweeping order was intended, does not appear; it 'would seem from the general terms of it, to be a- Jgainst the whole world. If captain M'Keever. had 'happened to have executed it against the c-itiz< iGreat Britain, it would have been a fortunate thing Ithat he held the United States commission, or he 'might have stood a chance for piracy. On tho 6th of April, general Jackson, not being able to find an enemy within our territory, entered Florida, and captured the fortress of St Marks from the Span- iards. And here an act was done which stains the annals of our country- Two Indian Chiefs, one of them a prophet, were 'enticed' (says col. Butler,) by hanging out a friendly Hag, on board one of the [vessels, and were by the commanding general order- ed to he brought on shore and hung. — 'What, hang an Indian!!!' Yes, without trial, without proof, with- out any legal examination- -they were strung up merely for the sake of 'an example.' —This horrible act of perfidy und cruelty was done upon ncutralsoil. The wretched sufferers were not taken in battle; they were rot found in arms against us. They had been in l viied to corre among friends, which implied by the jlaus of war and the laws of honour a guarantee of safety. -If they had heen taken prisoners of war in [battle, and their lives had been promised, they could 'not lawfully have been put to death, even upon the principle of retaliation. In this case an assurance not only of security but of friendship was held out to them; and to violate that pledge was perfidious and contrary to the laws of war.— But we shall have oc- casion to notice this subject when we come to speak of the case of Arburthnot and Ambrister. The first of these \infortunate men was found at St • Marks, when the place was captured; the other was taken some time after in company with Cook, who was used as a witness against them.— A special court martial composed of IS members, (5 of whom were general Jackson's officers,) was appointed to try them, en the 26th April, at St. Marks, the captured post, within the territory of Spain. We do not mean to discuss the question of their guilt or inno- jcence, though from a careful examination of the evi- dence, we are inclined to think that public feeling has 'sanctioned their condemnation, more than justice or jf he rules of law. Arburthnot ivas found guilty, and Isentenced to be hung. Ambrister was also found [guilty and sentenced to be shot, but immediately, the court reconsidered the case, and finally sentenced him to receive 50 stripes and to be" confined with a ball and chain. $c. for 19, months. Two questions of great importance are presented, which the people are now to decide. 1st. Were those persons at all amenable to a military tribunal? 2nd. If they were, have they been legally executed? On the first point let it be observed that they were British subjects, and there was no proof that ever they were upon our soil. Arhuthnot was condemned for being a spy, but up- on what principle we do not see. He merely de- railed in a letter to his son, and it would seem for his / I idvice and direction only, information, which the , ' T ommai.dant of St. Marks had received, of General, ackson's advance and hi? force. Hew this could make, him a spy, we cannot conceive. He was als ; J iO charged with encouraging the Indians to hostilities. and with furnishing theni ammunition, &.c. Now ad- mitting all this to be true,we do notsee how he could be held criminally responsible by the laws of war. A neutral enemy may join a belligerent, and even •fight; this is doing more than encouraging by influ- ence or counsel. If taken, he is to be considered a prisoner of war and treated according!}'. Such was the case of Ambrister. He was charged with bear- ing arms against is; and if he did do so. the gallant Lafayette and others had left their own country to fight on our side, at a time too when Great Britain denounced our people as rebels. The Indians are not subject to our municipal law: they are indepen- dent; with the right of peace and war. A neutral joining them does not expose himself to the penal- alties of an outlaw or a pirate, as generalJackson as- serts in his letter to the Secretary at War. The only ground then on which the execution of those men could be at all sustained, is that which the friends of general Jackson were compelled to take in Congress: the principle of retaliation against a sav- age enemy, which allows no quarters. This was not suggested in the case presented to the court, nor in-' deed was it a subject of investigation before any tri- bunal, it is a sovereign act of summary infliction which a general may exercise upon his own respon- sibility. Neither does gen. Jackson in the order for their execution put it upon that footing;; nor in his letter to the secretary of war on the. 5th 'May, in which he says they were tried, "legally convicted," and "just-: ly punished;" having reference of course to the pro-j ceedings of the court and the charges there exhibited. If he had ordered them without any trial, upon the alleged facts of their being adherents in arms of the enemy, to be shot, upon the principle of retaliation, then it might be proper to enquire, 1st. Whether they were subject, by the laws of war, to that sum- mary infliction? and 2d. If they were, whether gen- eral Jackson had power to apply it? We admit that retaliation may sometimes be used, in order to emu pel an enemy to regard the laws of war. It is a pre- ventive remedy, against barbarous and unlawful has tility; but it can only be allowed in a state of actual war. As the object of it is merely to deter the ene- my from acts of cruelty, it is obvious that the mo went the contest in at an end, the right of retaliation ceases. Punishments. then supervenes, when crimes have been committed, which can only be inflicted by the tribunals of the country. By the common law of England as laid down by Sir Edward Coke, (3d Inst: 52,) "if a lieutenant, or other that hath com- mission of martial authority, doth in time of pence, hang, or otherwise execute anv man by colour of martial law, this is murder:' The 5th article of the amendments to the constitution, prohibits capital pun ishment, unless on indictment, except "in time of tear or public danger:'' and the 65th article of "rules, 4'c." requires the proceedings in any case extending to loss of life, in time of peace, to be laid before the president, &c. Now let us see how these author- ities apply. On the 20th April, ISIS, the very day that Arburthnot was put upon his trial, general .lack-! son wrote to the secretary at war in these words:-— "The Indian forces have been divided and scatter- ed; cut off from all communication with those un- principled agents of foreign nations, who have delud-l ed them to their ruin, they have, not the power, if the will remain, of again annoying; our frontier." Nothing occurred to change this state, of things' before their execution. There was then a state ofj peace; the barbarous hostilities, which alone could; justify retaliation, had ceased, and the right to in- flict death, under that plea, ceased also. We adopt the language of an eminent writer on the law of na- tions: "The license of war authorises no acts of hos- tility but what are necessary and conducive to the end and object of the war. Gratuitous barbarity bor- rows no excuse from this plea. The danger of in- justice by hastily punishing: the tumult and flame of war little agrees with the proceedings of pure and sound justice: more quiet times are to be waited for. It is more wise and safe therefore for a general to secure his prisoners, till having restorea tranquility, he can havelhem tried according to the laics." Had General JacKfcon retained these wretched men in cus- tody, until their ease was known to the President, or had he even reported the proceedings of the court to him, they never would, we believe, have been ex- ecuted. He ought to have done so for another rea- son — We deny that in any aspect of the case, he had power to put prisoners to death upon the plea of retaliation. It is a sovereign act, which no subor- dinate command can do. In this position we are sus- tained, not only by the writers on the laws of na- tions, but also by the opinion of respectable men in our own country. We refer to the court of enqui- ry, with respect to the burning of Dover, in Canada, of which General Scott was president; in which pro- ceeding it is said, "acts of retaliation on the part of a nation proud of its rights, and conscious of the power of enforcing them, should be reluctantly re- sorted to, and only by instructions from the highest authority." Where, we would ask, were general Jackson's "instructions?" But can the execution of these men be justified upon any principle of law, reason or humanity? As it respects Ambrister, we assert that it cannot. The order for their execution was in these words* "Brevet Major C. W. Fanning, &c. will have between the hours of S and 9 A.M., A. Arburthnot suspended by the neck with a rope until lie i* dead, and Robert C. Ambrister to be shot to death, AGREE \FT.Y TO THE SENTENCE OF THE COURT " Now we have seen that the first opinion of the court, as to the sentence fit Ambrister, was rescinded, and the last determination was the only sentence that •general Jackson could notice; it was the only sentence of the cnuri Yet he undertakes to set that aside, and declare operative, one which the court itself an- nulled, and which was as completely void as if it had never been agitated, The order for execution then rests upon no foundation. If general Jackson had disapproved of the sentence of the court, he mighthave reversed the whole proceeding; and began de novo, as he did in the. case of Louallier; but he professes to conform to it and yet goes directly contrary. The court determined that Ambrister should no! beshot; general Jackson orders him to be shot, and says it is ■ agreeably to Use sentence " Wh it a mockery!!— But it is useless to take up time on this point. The com- mittee of the senate reported a resolution disapprov- ing of the execution of both these men. Some of the members who dissented, endeavoured to vindicate the general in a Ions; defence; which they offered as a substitute. TJ» y admitted, however, that the ex- ecution of Ambrister was wrong, but justified him on the ground (which he never took himself) that he might have put him to death, in "retaliation," with- out the interference of a court at all. Whether there is not more ingenuity, than justice or candour in this, we leave jou to decide. We shall not take up your time in examining the pretences under which he forcibly seized Florida, a neutral country, in opposition to the express, orders \ i i ii ci lo ii of the Secretary of war. Our government immedi- ately restored the captured places, and thus manifes- ted an unequivocal disavowal of the act. The his- tory of the transaction, however, will shew that there was not the shadow of necessity for this violent at- tack upon a friendly power. The facts, which gen- eral Jackson alleged, with respect to the Indians, were denied by the governor of Pensacola, and no proof has been offered to sustain them. It seems quite as probable that the general was influenced more by a bravado of Don Jose Mas.,:, ...jan by a re gard to the peace and honor of his own country Fortunately (he prompt reparation, offered by our president, was accepted, and thus the nation was saved from a war with Europe, into which we might have been involved, by this unauthorised invasion of neutral territory and neutral rights. — The restora tionofthe country was much against the wish of general Jackson. In a letter dated August 10, 1818, to the secretary at war, he urges the necessity of holding the Floridas, and offers to pledge his life "upon defending the country from St. Mary's to the Barrataire, against all the machinations and attacks oj the holy alliance, and combined Europe." If this sin gle expression does not furnish evidence of what we might expect from a "military president," we do not know what will. — But there are some facts connect ed with the invasion of Florida and the capture of Pensacola, which may possibly throw some light up- on the motives of the general's conduct. — It was in evidence, before the committee of the senate, that in the fall of 1817, several gentlemen of Nashville, (a- mong whom were John Donnelson, the nephew of the general, and John H. Eaton, his biographer, and the same person who figures in a letter lately pub- lished,) formed a company, to speculate in lots and lands at Pensacola. Mr. Donnelson a3 their agent, went on, with authority to make purchases to an a mount not exceeding 16,000 dollais; and succeeded to his wishes. — Mr. Eaton, in his testimony, says, that his "inducement to make this adventure, was, that he believed the country would ultimately belong to the United States." — It is a singular coincidence, considering the intimate relation subsisting between the parties, that the speculation is hardly secured by deed, &c. until general Jackson advances with an A- merican army — invades the country — seizes the forts — occupies Pensacola — and then endeavours, by influence and arguments, to induce his govern inent to retain the conquest, at the expense of jus tice, right and tranquility. We will not say, that the General was concerned in this adventure; but the circumstances are quite as strong, to favour that presumption, as those relied upon to support the famed charge of bribery, bar gain, &.c. of which we have heard so much and so of- ten. — Let us now proceed to examine some of tiie acts of general Jackson as a civil magistrate and see whether the same overbearing violence of temper — the same self willed, despotic exercise of povver,have not been manifested in his public conduct. — Upon the cession of Florida to the United Stales, general Jackson was appointed governor of that territory: — His own view of the arbitrary authority vested in him, appears from his letter to capt. Bel!, dated Au- gust IS, 1821, in which he says, "I despatched an express, &c. to you with sundry ordinances, which I found it necessary to adopt for the better organiza- tion of the Floridas.' 1 — "The constitution of Spain, providing for the trial by jury in criminal cases, al- though never extended to the colonies, because the treaty ceding the Floridas was concluded before the ', tj» constitution was adopted, &c. in Spain." — Here is a most extraordinary declaration from the republican governor of a ceded territory, which, it was intend- ed, might hereafter become a member of our union. — The trial by jury, the freeman's dearest right, is not to be allowed, because the country was ceded, be- fore Spaniards had obtained that privilege under their new constitution; and the rights'of the people were to be determined and regulated by the "ordi- nances" of the governor that is, by the simple decla- ration of his will — A happy change truly!! In our further enquiry however, we will find that the gov- ernor acted under this impression. In a former let- ter to capt. Bell, he had said "the Spanish laws and usages are in force." His ordinances were to declare what the Spanish laws were, and afterwards in the letter referred to, he adds, "The judge (appoint- ed by the president,) can exercise no other power, (except so far as relates to carrying into effect the* acts extended over the Floridas,) unless specially given him by the*president. Such instructions have not been given, and I doubt very much whether the presjdent could give THEM. There is no doubt that the person exercising the power of tha governor of East Florida, can exercise all the powers exercised under the king op Spain, at the time the country was ceded." — This power we know was arbitrary and despotic. Spain had not reform- ed her constitution at the time, and hence, as the general argues, the people of Florida could not have the benefit of the trial by jury in criminal cases. — This assumption of regal prerogative we leave for the consideration of those who admire the republican principles of general Jackson. — Let us proceed to his practical illustration of his powers. By the trea- ty of cessions, all the archives and documents, re- lating to the "property or sovereignty of the country" were to be given up. The general undertook to in- terpret this, as including papers relative to private property; and a complaint having been made that some such were in the possession of the late Spanish governor, Callava, an order was issued that he should deliver them forthwith. — They were refused, and in- stead ofsending a civil officer with process, gen. Jack- son issued to col. Brooke the. following military re- quisition: "You will furnish an officer, sergeant,cor- poral, and twenty men, and direct the officer to call on me by half past 8 o'clock for orders. They will have their arms and accoutrements complete, with twelve rounds of ammunition." — This was accord- ingly done, and lieutenant Mountz, "officer of the guards," was directed to take colonel Callava into custody, &c. — They found him at his house, on the bed, and he complained of being too ill to go with them; but, as Messrs. Butler and Bronaugh "report- led" to his excellency, "he seemed to act without 'much difficulty when the guard was ordered to prime and load." — The defenceless dignitary was jlhus dragged by military force, before governor ! Jackson, and finally committed to prison: in the |mean time his hou*e was entered by order, boxes Were broken open, and papers taken out. — We leave you, fellow citizens, who have been accustomed to the mild execution of the laws, by civil officers ivith- out arms, to make your own reflections upon these acts. But we have not given you the whole case. Judge Fromentin, who had been commissioned by the president, judicial officer of the territory, was ap- plied to, by the friends of col. Callava, for a habeas corpus. Supposing that the country ceded to the United States, should share, in some degree, the be nignityofa free government, he allowed the w A 12 pi Jackson when informed of it, directed captain 'tyranny , can be chosen to preside over the destinies ager to inform Mr. Fromentin that the prisoners jof the only free people on the globe':' But we know, ouldbe kept confined until released by fas orders; 'many will say that the principles of generalJackson and at the same time issued his precept to bring the are too pure, and bis patriotism too elevated, to id- judge before him, to answer for having "attempted low him to entertain designs unfavorable to the M- to interfere" with his authority. Overwhelmed by jberties of his country. To this we will reply, that arbitrary power— brow-beaten and insulted, the jwe do not charge him with any deliberate intention of judge was compelled to yield his official dignity and mischief: We only urge the dangerous tendency of his personal independence.— To shew the manner in his mind and temper, and for that reason we hope which he was treated we shall copy from a letter of ;he will never be placed in a situation to test his p-.o it. Sd ? 1821, a principles or tempt his patriotism.— We believe he few . : ■■ of of abuse that were throws 'possesses good feeling »wl love of country.— So at upon him: "mt/msh,iientr— •■indignation and con- ;one time, perhaps, did Robespierre:— His character tempt" — "you were capable of stating aicUfui and de- Iwas unexceptionable — his conduct irreproachable — liberate falsehood"— "yon have the hardihood to deny" and so ardent was his zeal for liberty that he devo- — "you are regardless of truth"— "you have stated an ted his time and talents to publish a paper called other deliberate falsehood"— "recollect the admonition I\\"The defender of the eonslitidion "—Yei he was led gave"— "you will be treated and punished as you de-\\on by circumstances, till he became a bloody tyrant. serve. ,J Now all this was for having "dared," as the| general says, to issue a habeas corpus. — But to cap the: climax of tyranny, the Spanish officers, (resident at f Pensacola for many years, and owning large proper- ty), were ordered by proclamation, dated 29th Sep- tember, to leave the country in four days. Their of- fence was the publication in a newspaper, of a para- i graph, questioning the accuracy ot the interpreters \ who had assisted at the examination of col. Callava. |Two of the gentlemen ventured to return, in some short time, to look after their affairs, and in pursu- ance of the governor's order, were arrested and con- fined in prison. Fortunately for them, (as no habeas corpus could bring relief,) general Jackson resigned, and the case having been communicated to the pre- sident, he, at once directed, their discharge, after a con- finement of more than three months and a half. But, fellow citizens, it would be impossible, in any con We disclaim any comparison, however. Our object is merely to shew the possibility, that men may he carried away, by their passions, their interests or their mistaken notions of right, to do acts, at which they would once have revolted. — Marcus Manlius, by his personal prowess, saved the capital at Rome. He was the idol of the people and their advocate. He proposed the abolition of consulates and dictator- ships, and a perfect equality of rights. Yet this same Manlius, at length attempted to usurp the. sovereign power; was convicted and thrown from the Tarpeian rock. But take another instance, upon better au- thority, to which you can all advert. When the pro- phet told Hazael of the evil he would do to the chil- dren of Israel— that he would set on fire their strong holds, and slay their young men "ith the sword, *-.c. ihis reply Was, "what! is thy servant a dog, that he should do this great ikuig?" — and yet in a very short vecient limits, to lay before you in the briefest de-time he murdered Ids king and committed all the a tail, all the exceptionable incidents in the public life trocities that had been predicted, of gen. Jackson. They all go to shew that in every si |l Our third personal objection to general Jackson ifor the presidency, is his ivant «J qualifications. On this point we might rely upon negative proof, viz: the non-existence of any evidence of his talents and knowledge as a civilian and statesman; but we have abundant positive testimony to adduce — We need only refer again to his official letters, orders, &c. to shew thai he is by no means versed in constitutional and municipal law or the law of nations. The egre- gious blunders he has committed in legal interpreta- tion, and in the execution of his legitimate powers, evince sijcb a want of judgmenl and knowledge as must render it unsafe to place him at the- head of ■the government. His attempt to bring the- inhabit- ants of New Orleans under the description of *;/>.'' -s if seen in the streets after 9 o'clock at night: His order to capt. M'Kecver. already noticed: His opinion that Arburthnot and Arahrister might be executed as "outlaws and pirates:" His construc- tion of the authority vested in him as governor of Florida: His declaration that the -Hartford con- vention men" might have been executed under the "second ser'ion," although citizens of the United ^— and innumerable other instances, all prove not only his tyrannical, dangerous disposition, but, also, his profound ignorance,— How could such a man direct the internal economy and foreign rela- tions of a country like ours? It is impossible he could get along, without involving the nation in a war, and then declaring "martial tow."— With the tuation where he has been entrusted with power, he ha9 made his own will the rule of his actions. — He suspended or rather protracted the executive and legislative functions of Louisiana: He surrounded the hall of the assembly, with troops and excluded the members: He arrested the governor, dragged him by a military guard through the streets and e- ven threatened to hang him if he again displeased him: He prohibited the governor of Georgia from exercising his constitutional command over the mili- tia of his own state: He usurped the absolute con- trol of the armies under him, in time of peace, by di- recting his officers to receive no orders from the war (department, unless they came through him: He as- sumed the prerogative of making war, which Con- gress alone can do by the constitution: 1 ie abroga- ted and set at naught the established laws of na- tions, and instituted a new code of his own. ex re ac- ta, devised often in passion and vengeance — and ex ecuted in blood: He violated the la as, and disre garded the articles of war: And finally, (though not all) he attempted to control the freedom of debate by threatening to cut otT the ears of our senator! who were investigating his conduct in the Seminole war, and it is said was actually prevented by the gallant Decatur, from entering the senate chamber, to make an assault upon a member. We ask now your candid consideration of the facts we have disclosed, and submit to your deci sion whether we have not fully sustained our second, aid of military courts, then.it is possible he might personal objection to general Jackson.- Can it be' manage to keep us in due submission,— J nese oh- -sible that a man whose whole course of public i. 'tin- fe-llow: citizens, sustained as tbey are by nv b £.- « it has been marked by violence, usurpation and|freffagable proof, we think ought to put the election pea, ' \ ^ lrf of general Jackson out ol the question. But there ; tion to matters of vital importance, remain yet i& are other considerations which are too important to ,ihe dark. — Bst there can be no difficulty in antici- Pennsylvania, and to our western section of it par pating his eourse. It is a law in mechanical philo- ticulariy, to be omitted — Every farmer has felt and sophy, that a body must always move precisely it; does feel, that unless some system is adopted topro-j the line of direction of the impinging force. This tect the productions of our own country against ajlis equaliy true in politics. A man who has been ruinous competition from abroad, industry must bel elevated to office in the strife of parties, will always paralyzed and prosperity decline. Access to the endeavour to support the views and advance the in- markets of the seaboard also, by roads and canals, terests of those who have elected him.— General constructed on a national plan and with the means Jackson, if successful at all, will be so through the of the general government, has become ^dispensable, votes of the South; and that he will go with them in to the inhabitants of the interior. — These objects combined, form what is called the "American Sys tern;" and have for a longtime engaged the patriot- ic zeal and the best exertions of the friends of the grounds of our opposition to General Jackson, country. — Against them, the planters of the southern [think they are conclusive against his election. all great measures of policy, is clear upon every prin- ciple of human nature. We have then fellow citizens, laid before you the We Butl states are arrayed in formidable force. In proof of are there any well founded objections to the presentl this, we need only refer to the known interests and | incumbent. Mr. Adams? In a brief examination or, feelings of the people in that section of the union; toj this question, we shall pursue the topics suggested in the proceedings cf their public meetings; to the de-| an address, lately published by a committee of the claration of their public men; to their memorial to; friends of general Jackson. — With respect to the congress, deprecating the measures of which we so qualifications of Mr. Adams, there is no dispute: "his much approve, and to the vote of the members on talents, industry, and habits of business; his general the woollens bill of the last session, by which it will ^acquaintance with all the minutise and routine of appear that the south generally opposed its passage. J the departments of state and diplomatic concerns, But, how, it will be asked, does this affect the presi- are freely admitted, while his interests are ac- dential question? The connection of the two sub-j knowledged to be American." We wish those je.cts is fuily illustrated by examining the votes or, i gentlemen had been equally candid, or we would ra- the bill we have referred to above. It will be seen ther say better informed, with respect to the private that the members from the states friendly to the pre-|ldeportment and manners of Mr. Adams. They sent administration voted in favour of the bill, and: ought not to have imposed upon the people the re- marks which follow these we have quoted. So far from being truly descriptive, they have not the slightest aspect of the most unostentatious, plain, modest, unassuming man in the nation. — We do not think it worth while, however, to notice such "ad captandum 1 ' portraiture. The republican sim- plicity of Mr Adams is as remarkable as the splen- those from the states friendly to Jackson, generally against the bill: Thus, the whole representation from Maine, New Hampshire, Vermont, Rhode Is land, Massachusetts, Connecticut ;bux^ I s £ \ 10 cn cn 03 - r 1 1 r 3 *• I I ± o ^1 — to o> J -1 He *■ If t a - 7t 1 — - » C; •£ io Ic -l — *** — -• — £ | -» ic S * -i — *> n = 3 f ? I r -i s a. — C- »-l w #1 — Z-: ^t -» «|fc K Efl i~ « — — EJ — M C 31 33 O -- *- *■ -i C — — — c^ J* c* •*- ' - '-" no i k. -j I § < o 1 t 1 me: O U •■* «U CO iU -*J iO c.! C- -« ^ ~ — en te - > V tZ OS to Ed P 5 s 3 2- .. t — ^ c-. o - ■ ; K •, c-, £ ■' — -. -> -. — — i- -' '- — -e ^ i'~ - • -^ ■ - ; ' - ■- Z ~ - ~ ■■■ ^- - -T- ' *■ ■•-.■-• = = ._ II w ^ ic t. — f «•■> Si — r-. -i —• ■- - > i ■ -J IC V' OS T. ~r. £?< ?. Lt In some of the states it will be observed that the c- leclors were chosen by the legislatures. The popu- lar votes therefore in those states is computed from an ascertained ratio of the actual votes, with the number of voters, in the other states: — they are dis- tributed accoidinu to the proportion of electoral votes for each of the candidates. Thus in Vermont, where Adams had all the. votes in the electoral college, we have ^iven him the whole number of popular votes: In New York, they are divided according to the elec- toral votes each received: and in South Carolina where Jackson received all the electoral votes, he is allowed all the popular votes. The result thus stat- ed shews, that although Mr. Adams received 166,- 1 12 votes of the people, he had but S4 votes in the electoral colleges: while gen. Jackson with only 153,- 733 popular votes, received the votes of 99 electors. If the electoral votes had been in accordance with the votes of the people, Mr. Adams would have had more than Jackson. Our opponents complain that 15 Maryland and Illinois, in congress, voted for Mr. Ad- ams. Let us examine from the data furnished, whe- ther this was not exactly as the people wished. In Maryland, as the table shews, Mr. Adams had 14,- 632 and gen. Jackson 14,523 popular votes. Now upon pure democratic principles Mr. Adams ought to have got all the electoral votes of that state, and il the election had been chosen as in Pennsylvania by a general ticket, he would have had them. But in the division of districts it happened that gen. Jackson, with a less number of popular votes, obtained 7 elec- toral votes. If Mr. Adams had obtained them.the result would have been 92 each. In Illinois also Mr. Ad- ,'ams had 1541, and gen. Jackson only 1272 votes /of the people — Upon the same principle Adams v therefore ought to have bad the electoral votes of Ahat state; yet Jackson got 2 and he only one. If we , take those 2 from the general, and add them to Mr. : Adams, it would then stand thus — Adams 94 — Jackson 90. There is another fact which appears from this ta- ble, that ought not to be overlooked. In the South- ern states, where general Jackson had his majeri- ties, the slave population is represented in the pro- portion of Jive to three whites. Electors were chosen accordingly. Five slaves therefore had as much po litical power as three free whites, in the eastern or middle states. It is evident therefore that Mr. Ad ams had in truth a very large plurality of the free voters of the United States. The subjoined table will illustrate this argument. — 5^ a- a 3 £q«3 Co -w ^j e» *» 3" w a. •uosjpef jo suib -pv jo j p^joa j«q» sajBjs Suipjoq-gABigi oo to i~ »s ib CC -1 W 03 o o »i Oi 03 O — O O ►. li a -4 cd is o ■^ «i os is - o ts as - « -j o 3 ts u t xqndod 5}iqA\ 9?j j — — ' t£ -- - ' -~ CI .— 13 CO 00 Ol Ci 13 O Oi O O O Ji w w «J ^J Ui cc ts 13 OS -J CJ to 13 CO OfflOO £- — CO S9AVJS aqi jo sqjc-C sgpnjoui qo;ijA\ *siai] -uinu 9jB|uasgjd9>Tj h- is is cc Cl o oi sajiqAV 99JJ jo uoijt'4 -U9S9jd9J |BJO}09J^5 00 03 *3 •S9AB|S JO U01JB) -U9S94d9J [KJ0}09]g »S I os> 13 •suiBpy JOJ 9}0A 9JUJA1 99J j jit would have been if Maryland and Illintft 1 [entire for Mr. Adams, according to the po\j a „ ;°. ne viz. 94 for Adams and 90 for Jackson. E\: n °. ' the slave vote altogether, which would sub\Jf u . x > in Ad- iSon if whole numbers, ten from Jackson and one ams. It would then stand — Adams 93 and SO only — Thus in every point of view, it is c $ 13 >— CO On O Oi &>i- til X- UOSJJOBf JOJ 9}0A OJiq.tt 09J J\ \ ts •SCUB -pY JOJ 9J0A 9ABJ£ •-» 03 03 *• * chs **H J^y uos -j;3E£J0J9J0A9AB[g 03 > 03 »s to 03 OS -~1 ! c, 1 s -0 on fB «-j 3 n <; w -_: rs r— - C O DO a 1 65 - r> *- ". 3 O <"D ■ — . From the above table it will appear that from the slave holding states, Jackson received 44 and Adams but 4 electoral votes. The senatorial representation is not taken into account, as it would not affect the calculation either way. It will also appear, that of pure slave votes Jackson received nearly 1 1 and Ad- ams 1 only. Now take the result as we have shewn the voice of the greater number is to be an tionjhat Adams was the choice of the free peopli the United States, and the main argument of our 1 ponents falls to the ground. But it is useless to occupy your time in this fruit^ less enquiry. Our opponents cannot doubt that Mr. Adams is not only constitutionally but honorably e- lected, unless they can make out a fact which has been alleged,, It is said that Mr. Adams was elected by a corrupt arrangement with Mr. Clay, by which ithe votes of several states were turned over to him. jThis vile charge has been at length traced to Gen. ^Jackson himself, and he appears before the nation as the accuser of Mr. Clay. By doing so he has put himself in an awkward situation as respects the pro- priety of his own official conduct. According to his statement, corrupt propositions were communicated to him some lime before the election in the House of Representatives. When the nomination of Mr. Clay, as secretary of state was made to the senate, Gen. Jackson, instead of disclosing the information he had received, and demanding an investigation, remained perfectly silent, and permitted his fellow- members to concur in the appointment. This in- volves him in a dilemma: either he had not the know- ledge he now pretends, or he was guilty of a gross dereliction of public duty in not exposing the infa- mous conspiracy. The same charge he afterwards insinuates into circulation by means of Mr. Carter Beverly, from bistable at the Hermitage. When brought home to him, he alleged that one of his own friends, Mr. Buchanan, had conveyed to him the propositions which he understood to come from Mr. Clay. Is he supported in this averment? Not at all: On the contrary Mr. Buchanan has contradicted [him in every material particular, and most triumph- antly vindicated Mr. Clay and his friends from the base suggestions. Every rag of covering has been torn from the vile contrivance, and it stands before the people in all its naked deformity. The web of moonshine which Mr. John H. Eaton, the Pensaco- la speculator, has since endeavored to throw over it, cannot conceal it from the scorn and indignation of the public. His publishing letters without names, statins; facts that never existed, will not do any long- er. The people are not to be deceived: they must have facts and evidence. Mr. Cla3 r is like gold tried in the fire. He stands as high in honor as he is ele- vated by his talents and distinguished by his services — He braves the severest scrutiny — But it is unne cessary to offer defence where there is no accusati r The charge of corruption is blown sky high: ■ tatter of it floats in the air — The Jackson c have not ventured tp reiterate the cal' should, however, have been more pi' candor, if no lurking insinuation v their address. The only que- before the people then, is <- the integrity of either M one of political princ' differ: — Does the jtive and his ir ilection ofr jduty thf 'thosf / / lfc- I1V ho LIBRARY OF CONGRESS jihad fondly [Hon— but thy hasjdisregarded ev 011 899 409 7 • ias las i , a ,,(_jecause the fact's do not present it in Art II s6 *j>C5Be — No instructions were given by thejji P re v f nor could there have been. The law has| < P e0 *\rd no mode by which their wishes in the par- trampled under loot the raws and constitution oi "his P. r0 .r contingency can he ascertained. Any ex-||country — and who has substituted his own ungov- ■ion made by a public meeting is by no meansjjern;ible will as his only.rule of conduct— thy support Psfactory as to the real state of popular sentiroeut.jof such aman, shakes my conlidence in the capacity a* surely it cannot be pretended that; the legisla-ljof man for self government, and I fear all is lost.' 1 jre of a state can undertake to decide what the o ;But if you allow your judgment to controul your pinions of the people are on the subject. It is a ma< I passions; if you will investigate and form your deli- ter not confided to them, and their interference is u- berate opinion of your true interests aud duty, from surpation. This subject might be discussed with] evidmce, you will avoid the destiny that otherwise profit, perhaps more in detail, but have occupied yon too long. We would conclude, fellow ci lemn appeal to your good sense andlove of freedom. If you prize the free institutions of your country, we entreat you not to founder them uf.cn- the rock where every republic, heretofore, has split. — Should vio- lence and proscription succeed in procuring the elec- tion of general Jackson, our liberties are gone. The forms of our political organization may for a short time be continued, but the substance is taken away. A military despotism will overawe the exercise of our privileges and make them subservient to the will of a tyrant. If a phrenzied devotion to an idol has not subverted your reason, we call upon you to pause and reflect upon the facts we have disclosed. Attend to the lesson of experience; let history speak to you in the lang-uage of warning and admonition I and, finally, hear the voice of your beloved Jeffer- son, who, from the brink of the grave addressed to you his apprehension of your impending ruin, in) these awful and portentous words — "My country. thou too, will experience the fate which has befallen every free government: — thy liberties will he sacri ficed to the glory of some military chieftain. I we feel that we! awaits you and us — and am. will be safe. We are with the utmost sincerity, in our common •zens, with a so-||ca»se, your friends and servants, «§*e Thomas H. Baird, John Johnson, Richard Bard, Robert Colmery, Joseph Henderson, John Reed, James Keys, James Kerr, Robert M'Farland, William Welsh, John Rodgers, John Myers, Andrew Sutton, Abel M'Farland, Thomas Vennom, William Lindley, John M'Coy, George Wilson, James M'Quown, Henry Alter, James Allison, David Clark, James Boyd, John Bovd, ThomasM'Call, Walter Craig, William Vance, Benjamin Bubbit, Thomas Walker, James Proudfoot, James M'Farren, John Vanee, Samuel M'Glaughlin, George Murray, William Berry, Joseph Reed, Thomas M-Glau;hlin, Joseph Crawford, Jonathan Leatherman, Alexander Gordon, William Colmery, David Hay. Committee;