Alexandria gazette & advertiser. [volume] (Alexandria [D.C.]) 1822-1824, 1824-01-31

or invasion the public safety may
require it," Here then even Con-
gress cannot suspend the privilege OF
this writ except under certain press.
ing circumstances of (which Congress
alone are to be the judges. 1t never
could be intended that military
commander was to be allowed to de-
eide when this writ was to be sus-
pended.
Gen. Jackson, in refusing to obey
the writ, issued by competent au-
thority, did ofhis o7cn mere zcit sns-
pend the privilege oft. He and his
friends excuse him upon the ground
that the urgency and necessity of the
case required him to diregard the pc,
sitiye mandate ofthe constitution. If
this be an excuse, then it will be SUI
ficient reason for any officer Of the
government to disregard the consti'
tuition and the law, by resorting to
the necessity of the case. of ~hich he
is to be the judge. But did the ne
cessity exist? 1t will be recollect.
ed that, after the 9Th Of January,
1915, the fate of New Orleans was
fixed, and it was safe beyond all
doubt. On Tuesday, the 9TH March.
1915, Gen. Jackson received by
means nf an express messenger, sent
by the Postmaster General, who bore
communications from the govern
ment, giving information that the
treaty of peace had been signed the
cath of Dec. sli. The Postmaster
Generals letter to the different Post
masters Oh the route, was dated l4th
Feb. 1915. A citizen of New Or
leans, in letter to his friend, dated
Friday, 10th March, 1915, states
that, on "Monday. (the 9th Of the
month"; by an express from Wash
ington, we heard of the Presidents ra.
tifcatiom of the treaty of peace."--
This writer in the same letter, after
giving Gen. Jackson due credit for his
services, gives an account of bis COM
duct towards citizen of New Orleans,
two judges of the U, States. aud the
district attorney. He states that Mr..
Lousillier, . respectable citizen, and
then member Of the legislature,w wrote
an anonymous piece indicating the
French citizens, and casting a censure
upon some conduct of Gen. Jackson,
which he thought wrong and arbitrary.
As soon as Gen. Jackson ascertained
the author, he caused him to be arrest
ed by military authority, and confined
in the ba racks. Mr.. Lousileir, thro'
his counsel, presented petition to
Judge Hall of the U. States Court, for
a writ of Habeas Corpus. which writ
the Judge awarded. 1t was served on
General Jack son, who not only refused
to obey it, OF return any reason for not
obsying it, but sent military force,
and arrested on Monday, the 5ih Of
March, Judge Hall, for having issued
the writ, and had him confined in his
barracks. The writer of this letter
further states, that u Mr.. III. for some
indiscreet words uttered in the street,
was likewise arrested by the orders Of
Gen. Jackson aud confined application
was made to the supreme court Of that
place on behalf of MIR. IL. for writ of
Habeas Corpus. but pending the appli-
cation, he was released on giving secu.
rity to appear before a court martial,
upon which the application for the writ
of Habeas Corpus was withdrawn. Mr.
Dick, the United States Attorney,
made affidavit of Judge Halle illegal
confinement. and applied to Judge
Lewis on his behalf for writ Of Ha5e.
40 Corpus, which was Issued, served,
and which Gen. jackson not only DISC.
beyed, but for this act caused Mr.. Dick
to be arrested by military force, and
confined in tho barracks. He also is.
sued an order to arrest Judge Lewis,
but afterwards Withdrew it.
1t 10 presumed that neither General
Jackson nor his friends will deny that
such was his conduct at New Orleans
after the first Of March 1915, and after
not only New Orleans was safe but af.
ter he had received infor nation of the
treaty of Peace being signed. lfso-
there was no necessity for suoh vio-
lent measures. There was no reason
for the long continuance Of Ills martial
law,
After the safety Of the city, after the
Peace had been made aud known, was
a citizen, a judge of the U. States
Court, aud District Attorney arrested
and iacarcerated by the mere will of a
military commander for exercising their
-. - 4 A.,ksa.0 Nak In