The Life of Stephen A. Douglas, United States Senator From Illinois : With Extracts From His Speeches

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Douglas, while advocating the remission of the fine imposed on Gen. Jackson by Judge Hall of New Or- leans. From this speech we will make one or, two extracts.
'• I maintain," said Mr. Douglas, "that in the ex- ercise of the power of proclaiming martial law. Gen.
Jackson did not violate the Constitution, nor assume to himself any authority not fully authorised and le- galised by his position, "his duty, and the necessity of the case. Gen. Jackson was the agent of the govern ment, legally and co
...nstitutionally authorised to de- fend the city of New Orleans. It was bis duty to do this at all hazards. It was then conceded, and is now conceded, that nothing but martial law would enable him to perform that duty. His power was commen- surate with his duty, and he was authorised to use the means essential to its performance. This principle has been recognised and acted upon by all civilised nations, and is familiar to all who are conversant with military history. It does not imply the right to suspend the laws and civil tribunals at pleasure.

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