Vermont watchman and State journal. [volume] (Montpelier, Vt.) 1836-1883, 1842-12-23
CEN. JACKsoN's FINE,

gross contempt of Court in refusing obedienceto
n writ and in mprisoning a Judge to prevent
resort 10 uIerlor process for enforcing obedience;
aud 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
n kpnluckion," FROM which extracts arc made in
the lntelIigencerj and ms we apprehend the
knowledge which most of our readers posses up
on this subject Is but vague, we copy from it the
following narrative.
The writer premises that there hns been no in
stance OF martial law in England for the last hun
dred and fifty yeats, and none in this country, not
even during the Revolution, bui that given hy Gen.
Jackson in New Orleans. In the difference of
habits, &c. between the two classes Of the popu-
lation ut New Orleans and in the suspicion Of the
loyalty of the French, Gen. Jackson found ground
for the proclamation of martial law which he en-
forced on the members of the legislature by keep
ing lhrus,ing them ont ofiheir balls by an arm
ed force All classes however did their duty in
the field the enemy was beaten hack, tho conn
try was evacuated. and every Thing was quiet
yet Gen. Jackson still maintained martial law:
"On the 18th of January the enemy had re-
embarked his troops. On tho i2lh of February
he was off Mobile, distance of $50 miles, aud
never again approached nearer to Orleans. ON
the 20th, Mr.. Livingston returned from the fleet
tcih Information derired from The .9dmiral, oT he
treaty Of peace. ION the 23d it was confirmed
from another quarter" and nobody but Gen. Jack
son doubted It's truth. A general discomfort at
the unnecessary Keeping up OF martial law AID
the cxacton OF constant military duty from the
citizens began to manifest itself hat more par
ticuary OH the part isome two or three hundred
donciletl, but uunnturalized Frenchmen, who,
though not compci'ale to serve against nation
then at nnity with France. yet had volunteered
then services, nnd rendered such gallant and val
liable aid in obtaining the gTen, victory, to
tp nj he
! himself. These men complained That thCy were
Unnecessarily kept IN dlsagrecabe encanpHlent
some miles below the city and away from their
business and trades, upon which their families de-
pended for support, whilst other Louisiana nI'I-
! tia from a distance, who had neither families Hor
business there, were comfortably qHailered in TIC
city. To relieve themselves they claimed aud
obiained exemption from military dWy on
count of their nlicnnge but the General imncdi-
ntely issued an order brushing all vino had or
should obtain such exemption 10 Baton Rogue,
$50 miles above the city,
"On the 81 Of March there appeared in an Or
leans newspaper Incorporate and suBlen y dcorous
Ircmonsirance against The orier0f 1dUishmeni: first,
because of the indignily aud injury inflicted on
men who deserved IL very different requita of
their galantry second, because il violated rights
secured under the treaty with France third be-
ransc it violated their right to protection deU-
zens under The constitution of the Uni;cd States
fourth because the General could have right so
to treat allen friends, whilst the act OF Congress
only authorized fhc President himself 90 to treat
alien enemies; t,h, because it was lina that the
ciyll luw should resume iis empire, ha: citi2eas
should he restored TO their constitutional judges,
aud no longer be dealt with before military ribu-
nais THIS written by Mr.. Louis Loia.er
an intelligent and respectable member OF the Lott
sidna Senate. who had heretofore rendered him
sell very obnoxious TO the General by his active
opposition to the Generals request 10 have The
,,fr;, Of Iobo HpI hU N ief
Legislature. From this or some other cnuse, MIR.
Louallier had ayailed himself of his privilege of
exemption from military duty under the laws NJ
Louisiana, and had IN no ether way rendered him
self aneunble to military authority. The General
caused Nh Louatier 10 be arrested md tried for ms
tYe before court mdrita for havmg criifen HlS re-
mdnstrdnce, making lis publication The sole SPefJ-
cation, under the five following charges: FIRST,
muny; second, eIciitng muiiny; third, for beirg
a shy; fourth: far hdrboring, rsliering, and pro-
iecting The enemy; and in holding correspondence
and giving him intelligence by this publication
fifth, for rcriling and publishing a corrupt libel.
"'rhe order for the arrest, though made on the
day of the publication, and though accompanied
with abundant threats o! hanging, was not eyecu-
ted ill the sixth On the finh, Judge Hall OF the
United States Court, acting upon misinormation
as his being then under arrest issued writ of
lhabeas corpus to have him brough. before tho
Court. Finding on a renewal of the application
the next day, that the writ had been prematurely
issued and never acted ON, the Judge, for the pur
pose of saving the trouble of writing new order,
and Tor no other conceivable motive, altered the
date of the order TO the sixth, and re delivered 1t
10 the officer Whether strictly speaking, it was
proper to make such nu alteration, or rather,
whether there could possibly be any impropreiy
lin it, would require a mintl;cr statement of tho
facts than has YET been published TO dolermine.-
But that is immaeria for il is very certain that
there was nothing criminal in H. and 1t docs not
nt,V