The Middlebury people's press. [volume] (Middlebury, Vt.) 1841-1843, 1842-12-28
GEN JACKSON'S FINE.


upon Gen. JACKSON, after the battle OF New
Orleans. a fine of 81, 900 for gross con-
tempt of Court in refusing obedience to
writ and in imprisoning Judge to prevent
resort to Interior process for enforcing o.
bedience and President Tyler has lately
urged the matter upon the attention of
Congress. We find the circumstances OF
this case detailed with great precision IN
pamphlet entitled martial Law. by Ken
tuckian," from which extracts are made IN
the Intoligencer and as we apprehend the
knowledge which most of our readers pos
sess upon the subject is but vague, we copy
from it the following narrative.
The writer promises that there has been
no instance of Martial Law in England for
the last hundred and fifty years, and none
in this country, not even during the kevo-
luton, but that given by Gen. Jackson in
New. Orleans. In the difference of habits,
&C., between the two classes of the popu-
lation at New-Orleans and in the suspicion
of the LOYALTY of the French, Gen. jackson
found ground for the proclamation of Mar
tal Law, which he enforced upon the Men,
bers of the Legislature by keeping or thrus.
ting them out Of their Halls by an armed
force. All classes, however. did their duty
! in the field the enemy was beaten back.
the country was evacuated,aDd every thing
was quet--yet Gen. jackson still main
tanned Martial Law:
Son the 18th January the enemy had
lre-emb6afataa MS MS troops. On the 18th Feb
ruary he was off Mobile, distance of $50
miles, and never again approached nearer
to Orleans. On the Goth, Mr.. Livingston
returned from the feet wiih Information,
derived from the Admiral, Of the treaty Of
peace. On the Odd it was confirmed from
another quarter and nobody but General
Jackson doubted its truth. general dis
content at the unnecessary keeping up of
martial law and the exaction of constant
military duty from the citizens began to
manifest itself; but more particularly on
the part of some two or three hundred DOM
ciled, but unnaturalized Frenchmen, who,
though not compeliable to serve against
nation then at amity with France, yet had
volunteered their services, and rendered
such gallant and valuable aid IN obtaining
the great victory, as to extort the special
commentator of the General himself
These men complained that they were un-
necessarily kept in disagreeable encamp-
ment some miles below the city, and away
from their business and trades, upon which
their families depend for support. whilst 9TH
er Louisiana militia from distance, who
had neither families nor business there.were
comfortably quartered in the city. To re-
Iieve themselves, they claimed and obtained
exemption from military duty on account
of their alienage; but the General immedI.
ately issued an order banishing all who had
or should obtain such exemption to Baton
Rogue, $50 miles above the city.
ION the Sd March there appeared in an
Orleans newspaper temperate and sufficient.
~ decorous remembrance against this order
of punishment first because of the indigni-
ty and injury inflicted on men who deser-
we'd very different requital oftheir gallan-
try; second under the treaty with France
third because it violated their right TO pro-
lection as denizens under the Constitution
of the United States fourth, because the
General could have no right so to treat alien
friends, whilst the act of Congress only au-
thorized the President himself so to treat
alien enemies; fifth, because it was time
that the civil law should resume its empire,
that citizens should be restored to their con- |
stitutional judges, and no longer be dealt
with before military tribunals. This was
written by Mr.. Louis Louallier, an intelli-
gent and respectable member of the Louis
lana Senate, who heretofore rendered him.
selfvery obnoxious to the General by his ac-
tive oppositions to the Generals request to
have the writ of habess corpus suspended
by acts of the Legislature. From this or
some other cause, Mr.. Louallier had awaited
himself of his privilege of exemption from
military duty under the laws of louisiana,
and had in no other way rendered himself !
to military authority. The Gen.
eral caused Mr.. Louallier 10 be arrested and |
tried for his life before court martial, for |
haring ,pritten this remonstrance, making its |
publication the sole specification, under the |
five following charges first, mutiny Sec
ond, erciting mutiny; third, for being spy; |
fourth, for Aar6oring, relieving, and protec-
ting the enemy, and in holding correspon-
dence and giving him intelligence by this
publication fifth. for vriting and publishing |
a corrupt libel.
"The order for the arrest, though made
on the day of the publication, and though |
accompanied with abundant threats ofhang-
ing, was not executed till the sixth. On the |
fifth, Judge Hall of the United States Court,
acting upon misinformationas TO being then
under arrest, issued writ of habeas corpus
to have him brought before the Court
Finding, on renewal of the appli-
cation the next day, that the writ had
been Prematurely issued and never acted
on, the Judge, for the purpose of saving the
trouble of writing a new order, and for no
other conceivable motive, altered the date
of the order to the sixth, and re.delvered |
it to the officer. Whether, strictly speaking,
it was proper to make such an alteration, or
rather whether there could possibly be any !
improperly in it, would require minuter
statement of the facts than has YET been
published to determine. But that is imma-
NJ 10 49,