The Burlington weekly hawk-eye., 1863-01-03

0Uengtn 70 purpose WnAe tAos PoAPVee AsSS'
Stand like the rock that looks defiant
Far Ger the surgipg seas that lash it's form !!
Composed, determined, watchful, self.reliant,
Be master Of thyself and rule the strom
And thou shalt soon behold the Bow Of Peace
Span the broad heav'ns and the Wild tumult
And see the pillows with the clouds that meet,
Subdued and calm, come crouching to thy feet.
KENTUCKY, Dec 1862. ". D. e..
Prom the Cincinnati Gazette:
Military AFrests-su suspenslon OF Habeas
CoFpus-LeGIsla,ive Indemnify.
The most celebrated cases of arbitrary ar
rests and suspension Of the habeas corpus and
suppression Of the freedom Of the press and
of speech, were under Gen. Jackson's Admin
istration Of martial law in New Orleans in
1916. The chief of these arose two months
after the defeat Of the British on the 9Th Of
January, and after the British Expedition had
re embarked, and unofficial intelligence Of the
signing of the treaty Of peace had been re-
ceived by the British Admiral and commune
catedby him to our officers. The intelligence
was received With great joy by the people Of
New Orleans, already restive under the con-
the citizens in the military service after the
necessity seemed to be past. French residents
who had freely served in the defense, began to
resort to their Consul for certificates Of French
citizenship, in order to escspe the service, as
is done by citizens Of foreign birth in this war
to avoid oil military service.
Gen. Jackson met this difficulty by ordering
the French Consul and all Frenchmen who were
not citizens of the United States to leave New
Orleans within three days, and not to return
within one hundred and twenty miles of the
city until intelligence of the ratification of the
treaty of peace was officially published. "A
citizen Of Louisiana of French origin "-as he
signed himself-Mr. Douaillier, member of
the Legislature, who had been distinguished
for his zeal in promoting subscriptions for the
comfort Of the soldiers, addressed communi-
cation to the Louisiana Courier, complaining
of this order as violation of the Constitu.
tion; an abuse of authority; an insult to
France, and an outrage on the Frenchmen who
had zealously served in the defense Of the
city. General Jackson sent for The editor, de
manded the name of the writer, and had Mr..
Louaillier Al rested on the street by o file Of
soldiers A Lawyer named Morel, who hap,
pened to witness the arrest, was engaged by
Louaillier as legal adviser. He applied to
Judge Hail. of the District Court Of the United
States, who issued writ Of habeas corpus re-
quiring Louaillier to be brought before him.
On receiving notice of the issue of this writ,
General jackson ordered military officer to
take detachment Of soldiers and arrest Judge
Hall for "alding and sbetting and exciting
mutiny within my camp" When the writ
was served upon him, he seized the writ and
retained it in his possession. He put Lousil-
lier Immediately on trial before court martial
upon the following charges, all based upon the
article in the louisiana Courier-which, We
may remark, Was moderate and digni6ed dis.
cussion Of the questions st issue: Exciting to
mutiny: general misconduct; being Spy !;
illegal and improper conduct; disobedience to
orders; writing willful and corrupt libel
against the General; unsoldierly conduct; vio-
lstion Of . general order.
A Mr.. Hollander, having expressed himself
against this treatment Of French subjects, was
also ARRESTED by Major and q hundred men,
who surrounded his house while he was at
dinner. The charge against him was that che
excited insubordination and mutiny in the
camps, and talked disrespectfully Of his supe-
rior officer. s. sa ~ e.r.a ..st-,,
The day after the arrest of Judge Hall, March
9Th, courier arrived who had ridden night and
day from Washington to bring official intelli-
gence of the peace, but on opening his dispatches
It was fonnd that in his haste at starting he had
picked up the wrong packet. The only proof he
had of the genuineness of h;s mission was an
order from the Postmaster General requiring his
deputies on the route to afford the courier bear
ing the news Of the peace al the facilities in
their power for . rspid journey. This was not
accepted BY the General as adequate The cir
cumstsnces did not reduce the laying down of
the feins Of power until made unavoidable BY
<hn nf all %hA a<s o:> - Y,S-
Hall continued in confinement But on the
18th General Jackson ordered Captain and
troop Of dragons to take Judge Hall without
the city and set him at liberty, and he ordered
Judge Hall to keep without the limits of the en-.
campment, which had been defined to be the
city and suburbs, until the ratifcationof Of peace
was regularly announced, or the British had left
the Southern coast.
This order was carried out The next day,
March Is, courier arrived with official intelli.
sence of the peace, and Heneral jackson pro-
claimed an amnesty for all military odenses, and
ordered oil prisoners under such charges to be
discharged. On the 22d Of March, in the Uni
ted States District Court, on motion q Attorney
John Dick, Judge Hall made IN order that Gen.
eral Jackson ahow cause Why he should not DO
corpus, Wrestling it from the Clerk and imprison-
ing the Judge Of the Court, and for some other
specifications. The attorney for General Jack
son offered an answer, being an argument to
show the necessity for declaring martial law
This was not admitted. General jackson re-
fused to answer 70 the charges specifically
Judge Hall pronounced the judgment of the
Court, fning Gen. Jackson one thousand dollars
The Administration mildly but decidedly re-
buked Gen. jackson. The whole matter was
afte:ward reviewed BY Congress in the discussion
of the bill to indemnify Gen. Jackson for the
fine imposed by the Court In this discussion
the Democratic party insisted on putting the in.
demnity on the ground that Gen. Jackson's sus-
pension of the Aabeas corpus and essablishment
of martial law over the entire inhabitants Of
New Orleans and the envirens, was . consti,u.
tional act in time of war. II was in this dis
cussion in the House, that Mr.. Douglas first
gained notoriety, for his speech, in which he
advocated this ground. He was afterward