The Cecil Whig. [volume] (Elkton, Md.) 1841-current, 1843-03-11

ate article before m ,ntioned, Is hith com
planned of the continuance OF mrrial law
and the Illegal Punishment OF The Fipncl
res drnts,) and The construction which
"enelal Jackson thought proper to Civ,
To that publication. Fortunately for Mr.
Louallier, The court al the head of " hicl
was General Games, were no. so la!.n.
d marian in their views Of martial law as
The ccmmander-in-chef. They sustain
ell LonalIier's objection 10 their jurisdic
ton as 10 all the 6,h Oh which he was
lried. At his trial he stood mute, am
produced no evidence, nobly resolytd
never 10 sanction The outage upon con.
stiintlnnal rights committed on his person
The specifications of this charge we've
thai By publishing the communication in
question he had violated the Sc and 81
the articles of war, which are as follows
ART. Sc. whatsoever shall relieve the
enemy with money, vicluals, or ainuni-
ton. or shall knowingly harbor or pro-
tect an enemy, shall suffer death, or such
other punishment! Us shall be ordered BY
tie sentence Of cour. martial.
ART. 81. Nhosotver shall be convic-
ted Of holding correspondence with OF
giving intelligence 10 the enemy, ether
directly or indirectly, shall suffer dsalh
or such other punishment as shall be or
dered by the sentence Of d court martial.
The evidence adduced by the Judge
advocate an was the proof of the pub.
I,cati,, in tho rnnrinr og liz Il
of that paper out of the city, and that the
prisoner was a patriotic citizen and use
full member Of the Legislature, " no had
no prediction for the English Govern
ment. ley
Such were the pre:ext on which Louis
LoualIier was dragged TO prison and tried
for his life by military tribunal, two
months after the triumphant defeat Of the
British. more than six weeks after tn
General had written to the Secretary Of
War that the country, was delivered from
The enemy, and after authentic, tho' moi
official intelligence Of peace had been re-
ceived. Let be observed too, that he
was tried by court composed Of officers
ofthe regular army, whereas if he was a
soldier at all, he was Of the militia, and
by the rules of their government, (see
Gordon's Digest, p. GIL, sec. 240S, }
should have been tried by officers OF The
militia.
In fact, he was no soldier at all, not
having served in the ranks on any occa-
sion, and being expressly exempted as q
member of the gisIaiure, by The law oil
louisiana, without limitation as to the
session Of that body, (see Martins Di-
gest title MilitIa;) which law of Louisi-
ana is in pursuance Of the law of Congress
of March 6, 1892, sec. ..
On the llth he was acquitted by the
court, but was still kept in confinement
by General Jackson, and not discharged
until official intelligence Of the peace was
received. On the same day lllh March }
Judge Hall, who doubtless owed his es-
cape from the court martial to the scquit.
tai Of Louallier, was ~ order Of General
Jackson, conducted by military guard
about four miles from New Orleans, and
there set at liberty.-On the l4Ih the
General published his general orders, dis.
approving the sentence of the court mar.
lial, justiiyng his declaration Of martial
law, and claiming his right under the
Constitution, to suspend the habeas cor.
pus by such declaration.
On the 22d of March, official mforma.
ton Of the peace having been previously
received, the law re-eslabishcd, and the
Judge at Liberty, the district court Of the
United States again met, when the atfida.
Wits Of Colonel Arbuckle, Major Winston
and others being taken in open court, a
rule was lad on Genera! Jackson to show
cause why an attachment should not be
awarded against him for contempt
Wrestling from the cIeik all original paper
Of the court, in disobeying the writ o.
habcas corpus and imprisoning the Judge
All the proceedings on the part of the
court appear to have been according lc
lhe proper and recognised forms. The
General offered an answer, part of which
objected 10 The jurisdiction and course O
proceeding; but the residue, was, as h,
himself styles 1t, an exposition Of his cen.
duct OH every occasion into which il may
he drawn in question. The court woult
no allow this to be recorded, but after cir.
cumspect deIberation; declared that the
party might take legal grounds 10 show
dat the attachment should not issue, OF
take exception to the mode of proc eed
ing, or prove from The Aaidavi!s offered
that The facts charged do not amount to :
cont, mpt. Being satisfied that an attach.
ment should issue, Undergraduates were
! proposed to the General wh!ci. he re(u.
sc to receive or make any answer to
! -" hereupon the court sentenced him to
pay fine ofone III ,uSand dollars. This
/ fine General Jackson paid, ard lhvs wa
at0ncment made for The violated naiestS
! OF the Law and the outraged rights ot tI,,
| citizen Your committee think IL is r. NJ