Phenix gazette. [volume] (Alexandria [D.C.]) 1825-1833, 1828-10-23

be permitted to leave New Orleans or Bayou
St. John, without a passport, in writing, from
the General or one Of his Staff, or the cons
mander Of the Naval forces of the y States on
this station. 4th. The street lamps shall oe
extiuguished al the hour Of nine at night; at'ef
which time, persons Of every description found
in the Streets or not at their respective houses
without permission, in writing, as aforesaid
and not having the countersign, shall be APP
pretended as spies, and held for examination
See Niles Register, 9TH vol. page sly.
On the 18th Of March, 1915, General jack
son announces to the troops under his com'
mand that on the 18th Of February. 1915, the
Treaty of Peace had been rati fed and erchanges
at Washington, and that he revoked and an
nulled his order of the 18th Of December pre-.
ceding, proclaiming Martial Law.
On the 10th OF February, 1915, Edward Liv'
ings,on, acting as aid to General Jackson re-
turned from the British hee', and informed bin
that news of Peace had been received on
board the British feet. See, for the above,
Niles Register, vol. 9th, page l4l.
To the month Of December, 1914, the Treaty
of Peace was signed. The enemy, defeated a,
New Orleans on the 9Th Of January, 1915, de-
camped on the 18th Of tina, month, with an in
tent not to return. The Treaty of Peace was
ratified a, Washington on the 18th Of February,
1915; and Jackson knew, as early as The 10th
Of that month, that the British had received
news Of the Peace. In this state of me coun>
,ry, and with the evidence he had that no FIR
Mer danger was to be apprehended, he COM
menced his acts of despo,ism and violation Of
the constitution.
What was the first act Of lawless conduct on
his part? 1t was the arrest and confinement OF
Mr.. Louallier, a patriotic and active member
Of the Legislature Of Louisiana, who had been
active in and out of the Legislature in serving
the country Mr.. Louallier was, not arrested
and confined because he had violated any OF the
rules of Martial Law, as ordained by General
Jackson-he was not accused with uniting to
report himself to the Adjutant General--he
was not charged with having left the city o.!
New Orleans without the permission Of Gen.
Jackson OF one of his staff-he was not charg-
ed with being found in the streets, or not he
ing at his house after nine o'clock al night
without the countersign, and without permits
staff What, then, was Mr. Lou alters offence?
1, seems on the Sd of March, 1915, which was
IS days after the battle Of the 9th Of Ianuars.
Moo s~., ], ,,r, the battle GROUND Saeeo9dinB
eamp ....er uI .Ieneral Jackson Of the 9th of
January to the Secretary of War; 81 days after
Edward Livingston, mis- aid, had returned from
the British feet and informed bin Of the Peace.
Mr. Louallier published, in newspaper, some
remarks, complaining Of an order Of General
Jackson, commanding the Frenchmen residing in
New Orleans to leave the city in three days,
and 10 keep themselves a. the distance Of 100
miles from The city NDds for This that he was
arrested and imprisoned by General Jackson,
who had him tried by a Court Martial. Mr..
Louallier Justly considered that Court Mar
tial had no jurisdiction over him. He called
no Witnesses, and made no defence before that
Court. He was acquitted. Gen. Jackson dis
approved Of the sentence, and continued Lou
sllieI in confinement. In the person of I.oual-
lier General ackson violated not only personal
liberty, bu, The freedom Of speech and Of the
press.
Mr.. Louallier applied to Judge Hall, Of the
United States District Court, for a writ Of ha-
beas corpus to bring his person before the Judge
10 enquire into the legality Of his confinement.
This i, constitutional writ it is a rl Of right;
it is considered as III great tOrh Of liberty and
of so great value, hat the constitution de-
:lares the "privileee OF the writ Of habeas cor
pus shall moi be suspended, unlesslwhcn, in cases
Of rebellion or invasion, the public safety may
require ILL.," Here, I will enquire, who is the
Judge Of the necessity Of suspending the privi-
ege Of this great writ? Not military com.
mander: this belongs to The legislative authority
But if he was to judge of it, did the case of ne.
:essify exist on the Sd OF March, 1915! The
enemy had, on the 18th OF January, gone. Gen.