Phenix gazette. [volume] (Alexandria [D.C.]) 1825-1833, 1827-10-23

of;cers who composed the court, they were 100
homes, TOO intelligent, and 100 independent, to,
h. xo los, 10 all sense of their duty as TO hnd
Mr.. Louallier guilty. In giving his reasons ior
disappr owing the sentence OF The court martla',
Cen Jackson says-"The charges as ainst the
prisoner were mutiny, exciting muiny, general
misconduct, and disobedience Of orders; writing
wiiul and corrupt libel against the command
inp General, unsoldierly conduct, and conduo,
in violation OF general order: all which char
ees are, on the face Of them" he remarks, PRO
Der to be inquired into by court martial lie
then proceeds 10 state the circumstances winch
had led to the proclamation OF martial law, one
of which was the threatened attack upon New
Orleans by the British. "Maitial law" he says
"as the most comprehensive ard aiiec,ua', was
established by him. 1.-The occasion that caiis
it forth" ,ha, is martial law, }" involves al once
the very existence of the government, and Inc
liberty, property, and lives OF The clllzens.
"Mariial Law being established, applies, as
the Commanding General believes, 10 all per-
sons Who remain within the sphere OF Its opera
ton; and claims exclusive jurisdiction oil all OIL
fences which aim at the disorganlzalion & rum
of the army over which it extends. 10 acer-
tain extent it is believed to make every man
soldier, 10 defend the spot where chance or choice
has placed him, aud to make him liable for any
misconduct calculated to weaken its defence
After good deal more Of this kind OF military
logic. Gen Jackson comes the case in hand,
and attempts to apply it. He says" After
the adjournment Of that Legislature OF which the
defendant Claims TO be member, he remains with
IN the camp Of The American army, and within
those limits witch are declared TO be embraced
by martial law How does he there deport
himself? Instead Of contributing to the defence
Of his country, instead Of seeking 10 promote
tina, unanimty which love Of country, and the
inn orlant trust which had been reposed IN him
might have led US 10 expect. we behold him en-.
deavof,ng 10 stir up discord, seditlon, mutlny
aborirg to disorganize ard destroy an army
which had so lately defended his country, and
might so soon again be necessary for It's defence,
not only inviting the enemy to renew his Attempts
but contributing his utmos, 10 enable him to
succeed"
This certainly sounds well. The great OBJ
lection TO this Somb-proof reasoning, is that II
is utterly unrounded in point Of fact. The pub
lcalon had nothing in it .editioss or mulnous.
Ii was plain, manly remonstrance against an
nc, of oppression towards merltorious set OF
men, who had been arbitrarily treated with
rigorous and unjust severity. That there was
no danger to New Orleans from the British fore
es is abunGanlv manifest from the facts alrea.
DIV stated. They had reiterated from Louisiana,
no show Of hostilites had been made for three
weeks previously, and news OF peace rad been
known fol- the same period -, time. That the
service Of the Loops, who were the objects OF
the ordcr 10 quit New Orleans, was not requir-
ed, is proved by the order itself e. for they were
directed not 10 come ,Cifhin 10 miles Of that c.
IT, If martial law had ever been necessary,
tina, necessity had long ceased. The whole
then is resolved into simple, unnecessary, and
most alarming act OF Illegal and unconslith-
tional tyranny-such as ought To have subject
ed the author Of il to trial and disgra ce, al least,
if not 10 much more exemplary punishment
"The Cons,itu ton of the United States" says
Gen. Jackson in his reasons for disapprov-
ing the sentence of this court martial, Secures
to the citizen the most valuable privileges; yes
the same Constitution contempla'es the neces,
sity Of suspending the exercise Of some, IN or
der to secure ths continuance OF all. III IT au-
thoiizes the suspension OF the writ OF hdbeas
corpus in certain cas- S, il hereby Implicitly ad-
mits the operation Of martial law, when, in
the event Of rebellion ~ invasion, public sale.
tv may require it, Without attempting to
examine into he soundness OF this implied de-
duclion from the premises, or TO inquire whe-
Their it was originally necessary to proclaim
martial law al New Orleans, we would remark
that or the l4th OF December, the Legislature
had expressly refused 10 suspend the habeas
corpus, doubtless on the ground that il was not
necessary. II there had been any necessity Tor
establishing martial law, that necessity was
over all danger from the British had long
sed, the civil laws ought To have been rr>estab-
lished, and the persons of the inhabitants freed
from the effects of such an odious tyranny
Mr.. Louallier was member of the Legislature,
AS such during its session, and as citizen af
ter its session had closed, he had made the
most active exrr,ions for the defence of the
city and the comfor, of the army. In remon-
s,rating against the act of despotism by which
The troops were banishcd from their homes, he
did nothing that the laws would not Justify
For such an act he was thrown into prison,
brought like deserter or traitor before
military tribunal; and had he been convicted,
weuld, beyond all question, like the "six mill
tismen," have been shot as deserter or trail
tor. We say, beyond all question he would
have been shot: for when did his relentless pro-
secutor ever lose an opportunity to glut his