Carroll free press. [volume] (Carrollton [Ohio]) 1834-1861, 1842-06-17

1t, upon that invesllgaIlon, It turns oul
that he is imprisoned by a warrant is
sued by a competent authority, and the
proceedings on their face, are regular,
he is remanded to prison, to undergo
! his trial; otherwise, he is discharged.
Could Judge Hail, with any propriety
have refused, in the present instance, 10
issue this wrl2 He could not, The
writ Of hdbeaS corpus is a writ OF right.
The very statute which wresled it from
the first Charles declares it shall issue
for any one, on The application OF his
counsel. 1t is this writ which overeaps
the walls Of the prson--which unIocks
the iron barred door Of the dungeon
which penelrales the ranks Of an armed
soldiory, surrounding the victim Of mil,
ilary violence with drawn swords and
pointed 6ayonets. How, then, can n
Judge, in any case, refuse 10 issue this
writ. where even probable cause is
shown for his interference?
Suppose that Judge Hall had refused
TO issue this writ, and hat Louallier had
been convicted and sentenced to death,
ard the sentence carried into execution
the supposition is not improbable, be
cause the sequel showed that General
Jackson was in earnest, and that Loual
| ller owed his life TO tho court martial
presided over by General Gaines, who
had the honesty and frmness to acqult
him, in opposition TO the opinion and
wishes Of their commander what would
have been the consequence? Why,
Hall would have been universally exc
Grated. The tables Of the other House
has been loaded with petitions for his
impeachment, He would have been
impeached: and had it been our lot to
try thai impeachment, who among us
would have dared to say that Judge
who had refused TO discharge a sacred
duty-to stretch forth his arm 10 save
an unfortunate man from an ignomne"
Gus death unawlully inflicted, ought
not to be hurled from a seat which he
had disgraced by his imbecility or his
cowardice?
But Judge Hall did not refuse it. Mr..
G. here passed warm euloglnm on tho
character Of Judge ball, and proceeded
to remark that, in granting it, he exact
ed promise on the part Of Mr. MoreI
a distinguished young lawyer, who had
applied for it in behalf OF LouaIlier that
he would apprse Gen jackson that the
writ had issued, in order that he might
appear in person or by counsel to op
pose the discharge OF LouaIIer, if he
thought proper so to do. Mr.. MoreI
fulfilled this pledge; and General Jack
son adopted more sure and summary
method of preventing the discharge
lie arrested and imprisoned the Judge
The Senator from Pennsylvania has
observed that the Judge was only i'm
prisoned in technical sense He was
confined within the four walls Of room
and that is Imprisonment 10 every sense
of the word II is true, it was not that
species Of imprisonment which is prac
tisod in the gentemNn's own state; it
was not solitary confinement. The spy
and the Judge who had endeavored to
screen him from punishment were
deemed worthy associates, and were
confined in the same apartment; and
thus the writ OF habeas corpus, instead
of bringing the prisoner before the
Judge, produced the very opposite Of
feet of carrying the Judge to the pri-
soner. The General then sent an Off,
Ger TO demand from the clerk Of the
court the record containing the appIica
ton for the writ and the proceedings
consequent thereon. The clerk refused
to surrender it, on the score of official
duty; but offered 10 carry it to The Gen
era for his inspection. He did so, and
delivered the record to General Jackson
and the latter retained possession oft;
and lntimaed, in no very ambiguous
terms, both TO the CLERK and to the mar.
shaI, that if lhOy in any manner inter
Ferred in the matter, they should fare
no better than the Judge.
In the mean time official intelligence
arrived OF the restoration Of peace. By
a singular mschance, the package trans
mlted from the War Department, COM
mun'caIing this Information, was ex-
changed Tor another. and tho error was
not discovered by the messenger des-
patched with it until he had reached
N. Orleans. Other documents brought
by hum, however, le(l no doubt of the
Tact, and il was shortly after announced
in general orders, 1t was not until five
days after ibis, and when the militia
had been disbardod, that Judge Hall
was released from actual confinement;
aud even then he was not set at liberty.
lie was put under guard Of soldiers,
who conducted him beyond the limits
OF the city, with positive injunction
not to re.cner i, until official inlelIi-
gence arrived of the treaty of peace, or