flounced in the Decburst:Emil lielependence, that "the military is inferior and subject to the civil powers." Congress has no judielatauthority and only a secondary law-making power, subject to the organic restrictions of the Constitution. Its action in refunding the fines imposed upon a great warrior for a fault in early life, is no argument against the justice and validity of the law imposing the fine. Fines are often re- milted, but this in no wise effeets the law. After a quarter of a century,: the Congress of the United States refunded tweet. Jackson the fake with interest aceruhrg, brit Congress cbauge billitaikeAtenar argue its change. It had no power to do it. The case itself was one of 'Most' extraordinary character. Gem. Jaelmon was the most deter minedly popular of all the statesmen, generale, or public men of his day. An unblemished integrity added to an undoubted courage direc ted by a most marvellous sagacity, which was scarcely-lems•fortunate in its choice,made him a popular Idol, whose very name thrills the public heart of the children of those brave men - who stood by his fortunes in peace and in war, through life and in death, and who after his death almost worshipped the memory of his existence. The battle of NewOrlearte was the most signal triumph, the most magnificent ex hibition of military skill ever recorded—in the history of arms it is yetunrivalled. The military glory consequent upon that victory dazzled the mind of the whole nation, and astonished the military captains of Europe. This great bat tle concluded the hostility of the war of 1812. The people were weary, sick- and exhausted with war, and honored every man who had contributed to terminate the strife. It is not true that martial law eared New Orleans. The victory was a foregone conclu sion. Secured by the disposition of the armies, the discipline of the camp, the skill of the commanding officer, but more than all, by the love of that liberty burning in the bosom of the citizen soldiers which secured the supre macy of the civil over the military authority. The organization far victory was complete be• fore—the declaration of martial law only dim med its blazing glory. The declaration of martial law is the suspension of the civil exist ence of a people. Its long continuance is the , death of civil government. The mixture of civil and martial law in the government of a cone try is an absurdity, for which law dictionaries, common sense, and free government his re:- fused to appropriate names. Yet this is the motley jargon of the President, subject to these manifest diethurtions. We accept the Pied - dent's proposition, that he is invested, by the laws of war, with the powers of war as pre scribed by the articles of war. We accord to him the right as Commander-in-Chief—of whom ? The citizen non-combatants ? Women and children? No. Only soldiers and seamen in actual service with such citizens as place themselves in such immediate contact with the army, as by the articles of war, subjects them to the government of the camp. By what au thority, then,does he banish citizens from their homes, their property, c and their familes ? Not by authority of the Constitution of the United States, it grants no such powers. Not by the laws of the country, there are no such laws— there can be none such. N* by the articles of war—the articles of war contemplate no trial of citizens, and Congress has no power to give authority even to courts-martial to try citi zens. They must be tried on indictment by a jury in the district where the offence is com mitted. Has the oppression of men, the imprisonment of citizens by soldiers, the whole nameless cat alogue of wrongs suffered by the people and in flicted by that President, any higher authority, any clearer justification in law than the ban isment of citizens ?—a prerogative which the British monarch has never dared to exercise in modern times. We were not made for war. Whatever may be its apparent good, war is a fearful calamity. But when war ceases amon • civilized men. Wrongs, and forgetfulness of evils. But President contemplates the return of peace as a time for barbarian negroes to lord it over white men, 5' with silent tongues and clenched teeth and steady eye and well peised baYonet." But he'remindi the white men' who differ with him in opinion that they shall not be able to for get that, with 5, malignant heart and deceitful speech," they hare hindered the triumph of his opinions. ' 5 Malice," 5 ' malignant," , . " partisan,"_ are words peculiar to the vocabulary, of the Presi dent, They are becoming entirely—comment is forbidden. He, too, speaks of ' 4 C deceitfed speech;" as though the nation in, slumber had forgotten the transpiring entente of the poit twO What promise has he not vfolited ?' Whet pledge has be not broken? What oath, regis teredin-Heaven,has he not sareligiously brach on earth? ' Before the- assembled multitudes of the na tion, with uplifted hatd,ldeirere to maintain, defend, and preserve the 'Constittition. He gave out orders to -have all men:repeat the the sacred oath. Just alter all men had been sworn/thelYesideitt trellis his oath as a'Prate ticaljoke, and suipends theVonstitution. lie pledges hinfooll then to Oborthe'Vhicago platform and maintain its doateinea ea' the lair of the land. The Chicago platform, /with all its faults, did declare in favor of "free speech," " free press, " free conscience," trial by jury,- and the rights of States. - After the, people had reluctantly accepted the last alternative—this platform, the Presi dent suppressed free speech, suspendeda free press, abolished trial by jury, wipes out State lines,abolishee State inatitutionsiarrestajudges and members of State legislatures, and de clares the supremacy of aiiiitearlaw. Then the people are willing to be governed even - by military law, rather than be left in• anarchy, if they might first knew its mandates and avoid its penalties. • - As soon as military law was understood to be the • rule of government, military mobs, ex cesses, and 'outrages were perpetrated every where, and the people denied redress- from military courts, or protection - from militnry authority. Military law was then suspended, and the announcement made that the country was placed under, the higher law--...tha law of the church, and of liod, and of Heaven. This was an old law : • *tto• love Ike •Lordthy God with all thy mind and all thy soul said an thy strength, and to love imighborns thyself." No sooner had this higher law been promulga ted than Qhrist and God were -- situated. from the land and an idolitrons .