Constitutional Whig. [volume] (Richmond, Va.) 1824-1832, 1827-11-10
CITE Constitutional eaabts.
EOLIsYTCAE.
From he Nsw York .qacertise,

a"ie'uoer Oh tue Legislature OF Louisiana, some time
after the battle OF New Orleans, has been the subject
OF rnanyr remarks, and inuci, discussion, boil, arnonc
us parilzahs and his opposegs. His opposers have
called II illegal and Unconstitutional, and of course
lyrannlcai and oppressive. Ills friends have justified
II on the ground OF strong observation-disclosures MIR.
Loua!iier with muiiny or exciting to Inutiny, with being
a SPY, &c. NC. Louanier has recently published a
n's'a'y OF tho transaction, which has given rise to the
ioiowius article. Il seems that he inserted an a, iicie
M q newspaper On the 81 March i8I5. complaining
OF an order of Gen. Jacksou's, commanding the I7renc,S
men residing in New Orleans TO leave lhat place IL
three days, aud to keep themselves al a distance Of
one hu1dred and twenty inilcs from the CITY. For
tiis he was arrested. and Imprisoned; and then b,oucht
before a conft martial, 10 answer no less than seye,,
cnarges as aforementioned, all arising out of tie afti
CieS mus published. After denyInr the iurisdiction
ana authority OF the court martial. and beiup, oyer
ruled. lie suffered the case 10 go on without cal.IDg a
witness, or making any defence. fTc was however
acquitted General jackson disappioyed of the sen
cree u course, and gave his reasnos. AS suop as
VII. IEoilAiiier was arrested, he applied 10 judge Hall
OF Tue District Court of the United Sta.ss for a Ha,
6eds Corpus, which was granted. Instead of paving
obedieitee 10 tue " rIt, Gen. Jackson ordered the Dis
t'ct Judge himself 10 be arrested for issuing it, and
had him imprisoned. t. District Judge employ ed
"e Z. :. DISTRICT Attorney TO procure a Ha6edS Cor
P"S, IN ms own case, from Judge bewiS-a Judge
under the Stale authOrity-for procuring which the
Attorney was arrested, and an order wa jssne,, br
General Jackson. for arresiing Judge Lewis for grant
ing iie HuocaS Corpus in favor of Judge Hall. Here
were then three arrests, and an order for a fourth
nnder the authority of General Jackson, in the po
ceea:ngs relating to which, the RIG bis and security of
me several individuals were totally disregar5cd, and
'ne authority and sanctity Of the civil laws utterly ,les
piaca' and irau!pled under foot. II must be acknorled
ged that a strong necessity must have existed to ;ps,icv
such outrageous proceedings. We will enjesyor to
ascertain the facts respecting it
The battle at it will be reool,ectod
"apPeneu on t'e Juh oi January, 1915, On 1.-the 2lst
ot January, General Jackson and the army left the field
oil battle, TO return TO NeR-OrIeans.n Two rerunents
received orders to encamp at a place called Vlile.c's
I plantation StIf mill aoI.f-
EQUALIZER, show painful such an order must have been
ior 'hose Two regiments, which, as a part OF tie levy
Gu maSSee, were composed Of the pteatcr part of t.e
citizens of New-Orleans, between The ares OF ~ and
40 years. These militia men t4ere deeply wounded AZ
beng thus deprived OF the happiness of re.u,uino IN
the bosom Of their families, at the same that this fFyor
was granted 10 the battaiun OF volunteers under the
command OF MAJOR Ilachc, and The colored men nader
Major Daqgeu.n "IYhv dir he retain ,hese ,n,Ii,ja
men without the city, while the Others and even the
corps OF regulars, were allowed to enter ii'r In tins
stat2 of things ii would seem, and IN conseo,encc Of
tie uneas'ness felt and expressed, General J .oksnn
issued his Paremi"ry order for tie removal of the
FTenchtnen IN the city Ia the distance o! 100 mjIes !,
the country. That they should nave been uneasy is
not strange not merely because they were unnaces
sarily and arbitrarily hGp; from their families and thci1
homes; bat they were probably apprehcnsivc Of the
effects OF Their cS posnra 10 The most destructive disea
ses. IL is stated III ore CT The documents accomoaov-
ing FIR. Lonai!ie:'s account, t.,at Ire troons frau
Kentucky and Tennessee were stationed npon pian,a-
tons, aud that in one month no less than five hundred
OF them tell victims to diaeases which 0; igilatcd among
them.
What makes Get. Jackson's conduct towards Mr.
iona'iier the more remarkable is, that the publication
winch was the cause OF it appeared, as is asserted by
That gentleman, 10 days after Gen. jackson had Left
The field OF battle, and returned to New-OMeans-i3
days after the British army had left LouIsiana-3nd
= days after The last set of hostility committed by Ge
bTIiisn forces, as their officers received Intelligence
immediately afterwards that a treaty Of peace had been
signed in DeCeinbe; between the Unjied STATES and
tsaat Britain. II was also Il days after Col. Liyirr-
sion had returned from the British fleet. and inform.
ed General Jackson that ness Of peacc lad been re-
ce'vcd; aud above all, 1t was So DAYS after Gen. Jack
son had written 10 the Secretary OF War that, in his
OPINION Lo0i7tfan might he ccasldercd freed from her
cnemjes.
Under circumstances like these, end when there
vas no possible excuse for any measure 81 violence.
General jackson, without law or right. and - lie face
OF all law, and all constitutional authority, forcibiy ar
rested a private Citizen, in no respect subject TO lis con
trout, having no military character. but beng of eu.b
an age that he was moi by law liable 10 military duty.
threw him into prison, ordered sim before q court
marital ana had nun tired upon charges that would
have cost hin lis life, had be been convicted.
70 the honour OF Gen. Gaines, aud the other officers
who composed the court, they were too honest. Too
Intelligent, and zoo independent, to DC so LOST to all
sense ct their duty as 10 fDd Mr.. Eouallier guilty. In
giving his reasons for disappearing tie sentence of the
court martial, Gen. jackson says-"The charges
against the prisoner we're mutiny, exciting muiinv. re.
neral misconduct for being a SPY, illegal and irnpro-
per conduct, and GisobeIience OF orders: writing a viii.
H N'''Nt '''ti "tsaiIot Nht I DItllidNltDn general.
u~nso!dieTy conduct, and conduct in violation of a &C.
neral order; all Of which charges aye, on the face Of
taom" he remarks, 'proper 10 DC inquired into by a
court mariial.n lie then proceeds 10 state fhe cjrc1In-
stances which bad led to the proclamation OF martial
law, one of which mas the threatened attack upon New
Orleans By The British. MARTIAL Jsw,n he saws, "as
the most comprehensive and eGcctuai." was establish
ed by hin. ''Fhe occastnn tho. calls Il forth,'' that is
martial law, "iuvOlgcs AZ once tie very existence Of
The government, and Ire liberty, property, and lives Of
the citzcus.n
80.
"Dartiai Law being established, applies, rs the Com.
n5nlmg General believes. to all who remain within
tho sphere Of its operation; AMI claims exclusive juris-
dicijon OF ait offences which ain ut tic drsoIganiZa-
] ton anu ru.n Of the arms over which II extends. To
Il certain extent it IS believed to make every man a
aoi'1y, to defend The spot where chance OF choice has
placed him, and to make him iiublc for any rOisConduci
calculated to weaken lis defence" After q good deal
more Of this kind of military logic, Gen. jackson
comes 10 the case in hand, and attempts 10 apply it
lie safs-"AGer the adjournment Of that legislature
OF which The detendaUt claims ~ BE- q member, be re-
} mains within de Caru Mt fbo Arocr;r,u anne and