Virginia Argus. [volume] (Richmond, Va.) 1796-1816, 1815-05-17

that winch governor Claiborne had exercise,
before the invasion, nv the advir ofhis sttorne,
general in the cas- of colonel Co,eral
1t created, however, some scnsation--the
Consul of France again Observation-Disclosures
Were sgain fomented from the same source that
had first produced them--aliens and stranger,
became the most violent advocates of cossti.
trtional rights: and native Americans were
taught the value of their privileges, by those
! w'o formerly disavowed any title, TO their en-
lJoyment The order was particularly opposed
inea anonymous publication. In this the au-
thor deliberately and wickedly misrepresented
the order, as subjecting to removal, all French.
lWen, whstever, even those who had goriously
'o'Eht in defence OF the country and after ma,
| ny dangerous and unwarrantable declarations,
! ne closes. by calling upon all Frenchmen, to
MOCK To the Standard OF their Consul-thus adj
Vis'ng, and producing, an act of mutny and in
subort'instior, and publishing The evidence Of
our weakness and discor1 to the enemy. who
were still N our vicinity, and no doubt anxious,
before the cessation of l,G-, hites, to wipe away
the late stain on their Sums. To have silently
looked on such an offence, without making
| any attempt 20 punish IT, would have been a
'ormsi ,nrrender OF all discipline, all order, sI
pc son Il dighi'y, and public safety This could
not ne done; and die respondent immediately
ordered tbs arrest of the offender. A wr;, oc
hsbeas corpus was directed to iseue for his en- !.
iargcmcnt. The very case which h.d been fore.
seen, the very coating ncy on which martial
law was intended to operate, had nov occur
red. The civil magistrate seemed TO think it
his duty 60 enforce the enjoyment OF civil rights
although the consequences which have been
described would probably result. An unbend-
ing sense OF Whist he seemed 20 think, the con-
duct which his station required, might have in
duced him 10 order The liberation Of the pri-
soner. This, under the respondents sense of
daiy, would have produced conflict, which it
was his wish TO avoid. No other course re-
! NAMED then butte enforce the principles which
he had laid down as his guide, and 10 suspend
the exercise Of this judicial power. wherever it
red with the necessary means of defence.
Fbc only way efectually TO do this, was, to
place the judge in a Stu tioD. in which his in
reference could not counteraot the measure
OF deience, or give couhtenance to the fnutlnous
deposition, tnat had shewn i,sdf in 50 alarm
ing dsgree. Merely to have dsobeyed the writ,
would but have increased the evil; and to have
| oheysd 1t was wholly repugnant 10 the respen-
dents ideas Of the public safety, and to his own
sense OF duty. The Judge was therefore con.
tired, and removed beyond the lines of de-
ence.
As to the paper mentioned in the rule, which
tire respondent is charged With taking and de
tanning, he answers, that when the said paper
! YVES produced by the c'erk of this honcra ole.
court, he WAS questioned, Respecting the arpa.
rent alterations in the date; that he then ac-
knowledged st had been made by Judge Hall,
not IN the pressnce OF the party who made the
attisvit, and Contrary IN his statement in his
| preceding deciaraion) that the date had been
changed IRON the 5th, as 1t must evidently have
stood in thu original, 10 the 9th. This nateri.
al alteration in p.per that concerned him,
| gave the responder, as he thought, a right 10
| tam It for .urther investigation, which he ac
| coTdisgly did but gave n certified COPY and
an acknowledgment that the original was in hi
rossoss,on.
The respondent also avows, that he consider.
cd this alteration in he date OF the affidavit, as
1t was then explained to him ty the clerk, Ia
be sHch evidence OF personal not judicial in
reference, aQd activity in behalf of man chare,
ed WITH the most serious offence, as just
ned the idea then formed. that he, the Judge
approved his conduct aud supported his at
| attempts, to excite disaKection among the
troops.
T'is was the conduct Of The respondent, and
the motive Which prcmpted a. They have beer
turlJ and oPeniy exp sed To this tribunal, and
to the world and would not have been accom-
pSnied by any exception or wavtr o iurisdic
ton, If L had been deemed expedient, to giys
him that species of trial, which ne thinks him
self entitled %, 10y the cnns tuition of his coun
try. The powers, wh:ch the eHigeucies of the
tiRes forced him to assume, have been exer.
cised exclusively for the public good, and b,
4 the blessing OF God, they nave been attended
with unparalleled success. T'hey have saved
the country, and whatever may be the opinion
of that country. or the decree Of It's courts, il
relation to the mears he has used, he can never
regret that he employed them.
ANDREW JACKSON,
Major Gen commanding I'll
| Military District
Personally Appealed before nc, this 9Th dal
Of March 1871 :, the above namsd Andrew Jack
son who bsng duly sworn, said, that the ma
terial facts sta, I'D in the above answer are true
TO the best Of his knowledge and belief
JOSHUA LEWIS,
Judge ofthe 1st district
APPENDIX.
Objections, rs before stated, were made tC
the reading of the foregoing defence, and afte
sndry discussions, 81 which a full detail vii
be given in report Of. the case preparing fol
the press. the attachment WIS issued the Gen
eraI appeared, and on being asked whether h'
would answer interrogatories, answered as fol
lows
(" will not answer rrogaiories--Wher
called upon to shew cause Why an attachment
Tor contempt of this court ought not to ruT
against me. IofT,red &c do 50, your honor, ne
vertheless thought proper to refuse me thi
constitutional right-ysu woald not hear M
defence, although you were advised that II con
tanned sufficient cause To shew that no attach
ment ought TO run Under these circumstan
ccs, tappear before your honor, to receive tn
sentence Of the court aud have nothing fur