Staunton spectator, and general advertiser. [volume] (Staunton, Va.) 183?-1849, 1842-06-16

Win dC ChCtu} III uC AoOS III any MANN
given them aid and comfort-his crime "
that Of traitor, not of spy and he "
amenable TO the civil tribunals for high tire
son.
Louallier, finding himself arrested, and
bout TO be tried by court martha, for GRIN
involving not only his character, but bis lif
: applied TO the judge of the district Court Z
the United States for writ Of kabeas coypax
. Now, what was the effect Of the writ ? Gen
tlemen on the other side had argued as if il ha,
the effect N instantly and per Sc setting Lou
allier at liberty. But every lawyer know
that it has no such effect, that its sole obiec
;, and effect is to compel the production of tn.
: prisoner, in order that the, Judge may inquire
into the cause OF his commitment that he may
: ascertain by what authority he is Imprisoned
II, upon that investigation, it turns out that
he is imprisoned by warrant issued by 4
competent authority, and the proceedings, on
their face, are regular, he is ren,anded to pri-
son, to undergo his trial otherwise, he is dis
charged. Could Judge Hall, with any pro-
prle'y' have refused, in the present instance,
TO issue this writ He could not The writ
OF hadeas corpus is a writ of right The very
statute which wrested it from the first Charles
declares 1t shall issue for any one, on the ap.
Piication of-his counsel. 1t is this writ which
overleaps the walls of the prison-which un-
locks the iron-barred door Of the dungeon
which penetrates the ranks of all armed sol.
diery, surrounding the victim of military VIC.
ience with drawn swords and pointed bayo.
nets. How then, can Judge, in any case:
refuse to issue this writ, where even probable
cause IS shown for his interference 7
suppose that Judge Hal. had refused to is
sue this writ and that Louallier had been con-
victed and sentenced TO death, and the sem
tence carried into execution-the supposition
is not improbable, because the SEQUEL showed
that General Jackson was in earnest, and tina,
Loualler owed his life 70 the court martial
presided over by General Gaines, who had
the honesty and frmness to acquit him, in op-
position to the opinion and wishes of their
commander-what would have been the con-
sequence Why, Hall would have been H.
Universally execrated. The tables of the other
House would have been loaded with petitions
Tor his impeachment. He would have been
lmpeached: and had it been our lot to try that
impeachment, who among us would have
uarcd 70 say that ajudge who had refused to
dischargc sacred duty@-to stretch forth his
arm to save an unfortunate man from an ip-
nominious death unlawlully inflicted, ought
not to be hurled from seat which he had
disgraced by his imbecility or his cowariice?
But Judge Hall did not refuse it. Mr.. g.
here passed warm eulogium Oh the charac-
ter OF Judge Hall, and proceeded to remark
that, In granting it, he exacted promise on
the part OF Mr.. Morel, distinguished LAWYER
who had applied for it in behalf of EQUALIZER
that he should apprize General Jackson that
the writ was issued, i'll order that he might an
pear in person or by counsel to oppose the
discharge of EQUALIZER if he thought proper
SO to do. Mr. Morel fulfilled this pledge and
General Jackson adopted n more sure and
M
He %saa% pr p5sssna liz hS sasseharse
The Senator from Pennsylvania has obser.
we'd that the Judge was only imprisoned in
technical sense He was confined within the
four walls OF ROOM and that is iimprison=
ment, in every sense of the word 1t is true;
it was not that species of Imprisonment which
is practIsed in the genteman's own State il
was not solitary confinement The spy and
Judge who had enGeavored 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, pro-
duced the very opposite effect of carrying the
Judge to the prisoner. The General then
sent ali officer to demand from the clerk OF the
court the record containing the application
for the writ, and the proceedings consequent
thereon. The clerk refused to surrender it,
OH the score of official duty; but offered to car.
ry ito the General for his inspection. He
did so, and delivered the record to General
Jackson, and the latter retained possession of
it; and intimated, in no very ambiguous terms;
both to the clerk and the marshal, that if they
in any manner interiered in the matter they
should fare no better than the Judge.
| In the meantime official intelligence arrived
of the restoration of peace. BY singular
mischance, the package transmitted from the
War Department. communicating this in
formation, was exchanged foranothcr; and the
error was not discovered by the messenger
despatched with it until he had reached New
Orleans. Other documents brought by him,
however, left no doubt OF the fact, and it was
shortly after announced in general orders. it
was not until five days after this, and when
the militia had betn disbanded, that judge
| Hall was released from actual confinement
and even then he was not set at liberty He
was put under guard of soldiers, who an
Quoted him beyond the limits of the city, with
positive injunction not to re-ehtef II Until Of
fetal intelligence arrived of the treaty of peace;
or until the enemy had left the Southern coast:
THUS when 1t was thought that the military
force might safely he dSbanue,l, it was not
thought safe for helpless old man to take
part in in the general rejocings in which his
lfellow-ciizens were indulging.
! A few days after the return of Judge Hall,
Dick, the United States district attorney,