New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1842-12-14
Gen. yacksan,s Fine.

Great efforts for year past have been made to
excite popular feeling and procure legislative ac-
ZION against the sentence and executi on of the law
which in 1915 imposed upon Gen. JACKSON, after
the battle of New Orleans, fine Of 81, 600 for q
gross contempt Of Court in refusing obedience to q
writ and in i'm prisoning Judge to prevent resor
20 Interior process for enforcing obedience and
President TYLER has lately urged the matter upon
the attention of Congress. We find the circum
stances of this case detailed with great precision
in pamphlet entitled MARTIAL Law, by Ken
tuckian," from which extracts made in the In
telligencer; and as apPrchend the knowledg.
which most of eur readers possess upon the ssb-
iect is but vague, we copy from it the following
narrative.
The writer premises that there has been no in
stance Of Martial Law in En- gland for the last nun
bred and fifty years, and none in this country moi
even during the Revolution, but that given BY
Gen. Jackson in New-Orlcans. In the difference
of habits &C., between the two classes Of the popu
la,ion at New. Orleans and in the suspicion of thu
loyalty of the French, Gen. Jackson found ground
for the proclamation of Martial Law, which he en-
forced upon the Members of the Legislature b,
keeping or thrusting them GU, of their Halls by al
armed force. All classes, however, did their duty
in the field; the enemy was beaten back, the coun.
try was evacuated, and every thing was quet-ye'
Gen. JACKSON still maintained Martial Law:
Con the 18th January the enemy had re-em.
barked his troops. On the 18th February he
of Mobile, distance of $50 miles, and never agair
approached nearer to Orleans. On The 20th, Mr..
LIVINGSTON returned from the fleet aciM nforna-
al A 1ff H. ,,,f,, nj
peace. On the 23d it confirmed from ano.
Their quarter and nobody but General jackson
doubted its truth. general discomfort at the
necessary keeping up Of martial law and the exac.
toni of constant military duty from the cili-
zens began to manifest itself; but more partcu-
larly on the part of some two OK three hundred
domiciled, but unnaturalized Frenchmen, who,
though not compel!able TO serve against a natlor'
then at auity with France yet had volunteered
their services, and rendered such gallant and vaua
bic aid in obtaining the great victory, as TO cxtori
the special commentator of the General himself
These men complained that they were unnecessar
ly kept in q disagreeable encampment some mile.
below the city, and away from their business and
trades upon which their families depended for
support, whilst other Louisiana militia from dis
lance, who had neither families nor business there,
were comfortably quartered in the CITY, To relieve
themselves, they claimed and obtained exemption
from military duty on account of their alenage
but the General Immediately issued order ban.
ishing all who had or should obtain such exemP.
ton to Baton Rouge, $50 miles above the city.
" On the Sd March there appeared IN an Or
leans newspaper temperate and sufficiently de-
eorous remonstrance against this order Of ban
ishmeat: first because of the indignity and injur,
inflicted on men who deserved very different re-
qutal of their gallantry; second, because IL viola
ted rights secured under the treaty with France
third because it violated their right TO protection
as denizens under the Constitution Of the United
States; fourth, because the General could have no
right so to treat alien friends, whilst the of Con-
gress only authorized the President himself so to
treat alien enemies; fifth because it time that
the civil law should resume its empire, that citizens
should be restored to their constitutional judges,
and no longer be dealt with before military tribu-
nails. This was written by MIR. Louis Loua her,
an intelligent and respectable member of the Lou
isisna Senate who had heretofore rendered him
self very obnexous to the General by his active OPP
position to the Generals request to have the wri,
of habeas corpus suspended by act of the Leeisa-
tnre. From this or some other cause, Mr. Loual-
her had ayaied himself of his privilege of exemp-
ton from military duty under the laws of Louisa-
ma and had in no other way rendered himself
aHenaoie to military authority. The General
!nr. LoaaHter TO be arrested and tried
Jor .'s h,e before court martial, for haviue
a'ssiem sh's remonstraace, making its publications
sns sole specification, under the ave fol,ou;ng
charges hrs,, rastiay; second, eacitise rnuti,y.
third, for being spy; fourth for har6or;ng, ~.
hepsng, asd protecting the esemv, and in hold;n,
correspondence and giving him Intelligence bv Vii.
publication FIFTH, for sors!tng and pu5lish;as wv, -
corrupt libel. S =
The order for the arrest though made ~ -.
day of the publication, and though accomnan;sa
with abundant threats Of hanging, wa. NO, sxs.
cused till the sixth. On the fifth. Judge HAL,, If
the United States Court, acting upon nisinforms.
ton as to his being then under arrest, issued =
writ of ha5eas csrpus to have him brought before
the Court. Finding, on u renewal of the appca
tion the next day, tina, the writ had been prema
rurely issued and never acted on, the Judge, fo
thepurpose Of saving the trouble of writing new
order, and for other cesccyable motive, altered
the date of the order the sixth, aud re-devefee
it TO the officer Whether strictly speaking i
was proper to make sach an alteration, or rather
whether there could possibly be any improprist
in il, would require minuter statement Of the
facts than has yet been published to determine
But thai is imnaterial for it is very certain there
was nothing criminal in it, and tina, it does lie