The Hillsborough recorder. [volume] (Hillsborough, N.C.) 1820-1879, 1842-06-30


"l INSTANTLY ard per- se setting i.srslI.rr
q liberty. Bot every lawyer knows lh.s
q bad no such farrI. that Ils sale n iscl
and effect. u 10 compel lhe produellnn a.
The prisoner, IN urdtr that the Judge may
inquire into the cause Of kis cemmifmeai;
that ne may s.eeHsiR by shat auth.rs,y
be . imprisoned. u. upon that insestss.
ton. u turns nui lhal lie 10 Imprisoned BIZ
assrrshi issued By competent svlhaiily,
and ne proceedings. on ihem face, are re-
gulsr. he 10 remsndtd 20 PRISON. 10 under.
e. be. irisl; olherwise. ne il diseharee.I.
Gould Judge Han. with any propuiriy,
have rffu-rd. IN The rlesehl inslanrr, 10
issnr thls ~,ill lie cnalI moi. Thsuta
u iabts corpus - sIil ~ right Tie
very statute Which wresled q IRON The
firsi Charlss declares II shall issue Coz aay
ono. on ths sPplealan Of his counsel.
Il 70 this wTil which ovrrIeaps lie calls
81 the prisnn--shirh pEi..eks The iron.
barred door of The ungean--whirh pc
ne,rslss lhs ranks of On srmed seldiery,
surrounding Ihe victim &c military ,ivls nee
With drawn swords and pointed bsyonr,s
How. then. can . Judge, IN sny case. re.
fuse 20 issue Ibis writ. where even prub.
be rause - shown ior his inference!
Suppose that Judge Hall had refused 20
issue lhis sriI. aud that LausllIrr had
been convicted and sentenced 10 desih. and
The ssntsnre carried inis sx. cu,ian--,he
supposi,isn 10 anl improbable. because
The ssqusl showed that General Jackson
MAS 10 earnest. and that I.auslI,er owed
bis life TO the cnuri martial presided over
BY Grnfrai Gaines. who bad The honesty
and fitmhess 10 scquil him, in opposition
TO the opinion and wishes af THAR com.
msnter--shal sopld have been abe con-
seqenesl Why. Hall would have been
universally execr4ied. The tables Of
The other House would have been loaded
with petitions fr his impreaehmeni lie
vould have been impeschrd: aud IL il had
been our lot 10 try ina, impeachment, who
.morg Us would have dared 20 say that
judge who had refused - discharge .
sarrsd dulv-io stretch forth bis arm ia
save On unfortunate man from an ignomi.
niou, death. unlsw fully Inflicted. ought
not 10 be hurled from seat which he had
disgraesd BY bis imbsc,lI,y or tls COW ard.
icsi
Bus Judge Hall did not refuse ii. Nc.
q. here passed wrrm rulngium on the
character Of Judge Hall. snd proceeded
10 remark that. IN gran ing il. he sxsc cd I
promise on the part Of Mr.. Morri. dis.
,ingnished lawyer. who had applied Coz i
IN behalf Of Ioa.ll.sr. that he should sp.
prize General Jackson that The wri, had
issued. in order tina, he might sppssr ia
rerson or by counsel 10 oppose the dis
charge Of I.nuall,er. II he though, proper
so tn do. Mr. Morel fulfilled this pledge;
and General Jackson adopted more sure
sud summary method of preventing the
discharge. lie arrested aud imprlsonsd
the Judge!
The Scn.,cr from Pennsylvania la,
observed that the Judge was only impri.
soncd in = technical sen.e. lie was con.
fined within the four wall, Of rom; aud
that 10 imprisonment. Ia every sense 81
the word. Il is true. II vas moi that spc.
ciss Of imprisonment which Is prac,ised
in the gcn,l, man's own State; it "a.
not solitary confinement. The spy. aud
the Judge who had sndeasorvd Ia srn e.
him from punishment we're deemed wnr
thy associa,rs, and we're confined IN Oh,
same aparlmrn,; aud thus tina writ cf hs
hsas corpus. instead oI bringing the pri
soner beiurc the Judge, produced The very
opposite effect oi carrying the Judge T.
the prisoner. The General then cent a.
officer To demand from the clerk Of The
cour. The recurd containing the sprlica.
sion fnr the writ. and The proceeding.
consequent thereon. The clerk refused
to surrender il. on The srnre of official Gu,
~: but offered TO csrrv IL l., the General
for his Inspecunn. lie did SO. and deli.
sered The record TO General jackson, and
tLe lauer retained possession If II; aud in
nma,ed in no very amhigunus terms. both
10 the clerk and the marshal, ihs, il they
in any manner iuterfered in the matter.
they should fare no briter than the Judge.
Ia the meantime cfiicisl intelligence ar.
rived of The restoration Of peace. by =
singular inisrhsnee the package Transmits
ed from the War Department. cammunl.
caiing this informsltnn, MS exchanged
for snn,hrr; aud the error was M, disco
vrred by the messenger despatched wit
il until he had reached New Orleans
Other documents brought by mm, how.
ever, left no doubt al the fact. aud il Was
shortly after ann"unc. d IN general orders
|, vas mol until i've days AFTER thus. aud
when the miliis had been ,lisbandet. Tia
Judge II III was released f,om actual cor
tinemen aud even then he Gas not Sc
at liberty. lis was put under a guard o.
soldiers, who conducted him beyond lh,
limits Of The cny, With positive lnjnuc
,ion not To re tn,er u unnl official iulelll'
gence arrived of The h'aty of resce. o
uuil tie enemy had left the Sru,heIr
coast. Thus. when il was thought that III,
military Errs nigh, safely he dlsdsns,