Chapter XIV: Part 14

"Mr. Monroe, still affected by the distrust of his colleague,
did not hear without surprise the first overtures that were
frankly made by M. de Marbois. Instead of the cession of a
town and its inconsiderable territory, a vast portion of
America was in some sort offered to the United States. They
only asked for the mere right of navigating the Mississippi,
and their sovereignty was about to be extended over the largest
rivers of the world. They passed over an interior frontier to
carry their limits to the great Pacific ocean."

The termination of this important negotiation was as speedy and satisfactory, as it has been and will be important in its consequences. M. Marbois truly observes, "the cession of Louisiana was a certain guarantee of the future greatness of the United States; and opposed an insurmountable obstacle to any design formed by the English of becoming predominant in America." In relation to the stipulations in the treaty, that the inhabitants should be incorporated in the Union, and, in due time, be admitted as a state, &c. M. Marbois records.

"The first consul, left to his natural disposition, was always
inclined to an elevated and generous justice. He himself
prepared the article which has been just recited. The words
which he employed on the occasion are recorded in the journal
of the negotiation, and deserve to be preserved. 'Let the
Louisianians know that we separate ourselves from them with
regret; that we stipulate in their favour every thing that they
can desire, and let them hereafter, happy in their
independence, recollect that they have been Frenchmen, and that
France, in ceding them, has secured for them advantages which
they could not have obtained from a European power, however
paternal it might have been. Let them retain for us sentiments
of affection; and may their common origin, descent, language,
and customs, perpetuate the friendship.'"

The arrangement being completed, M. Marbois says--"the following words sufficiently acquaint us with the reflections which then influenced the first consul. This accession of territory, said he, strengthens forever the power of the United States, and I have just given to England a maritime rival, that will sooner or later humble her pride."

We return to the History of Judge Martin, who describes the ceremonies of delivering the colony to the United States. Some citizens of the United States waved their hats, but "no emotion was manifested by any other part of the crowd. The colonists did not appear conscious that they were reaching the _Latium sedes ubi fata quietas ostendunt_."

We pass on to the year 1806, when the celebrated plot of Aaron Burr is introduced. The president had received information of it, but not at first with such certainty as warranted any steps to be taken against the accused. General Wilkinson, then commanding in the west, afterwards made communications to the president, "involving men distinguished for integrity and patriotism; men of talents, honoured by the confidence of the government, in the flagitious plot." The designs of Burr and his associates were fully developed on his trial, and we need not repeat them here; but the proceedings of General Wilkinson are not so generally understood, and it is well that they should be. Nobody can be better qualified than our historian to give the information, nor to obtain implicit belief of all he narrates. We shall here see again that the old practice of _shipping off_ obnoxious individuals was resorted to by a military commander; as if there was something in the climate of New-Orleans to excite men in power to this mode of punishment or revenge. We cannot present these transactions better than in the language of our author.

"On Sunday, the fourteenth, Dr. Erick Bollman was arrested by
order of Wilkinson, and hurried to a secret place of
confinement, and on the evening of the following day
application was made on his behalf, for a writ of habeas
corpus, to Sprigg, one of the territorial judges, who declined
acting, till he could consult Mathews, who could not then be
found. On the sixteenth, the writ was obtained from the
superior court; but Bollman was, in the meanwhile, put on board
of a vessel and sent down the river. On the same day,
application was made to Workman, the judge of the county of
Orleans, for a writ of habeas corpus, in favour of Ogden and
Swartwout, who had been arrested a few days before, by order of
Wilkinson, at Fort Adams, and were on board of a bomb ketch of
the United States lying before the city. Workman immediately
granted the writ, and called on Claiborne to inquire whether he
had assented to Wilkinson's proceedings: Claiborne replied he
had consented to the arrest of Bollman, and his mind was not
made up as to the propriety of that of Ogden and Swartwout.
Workman then expatiated on the illegality and evil tendency of
such measures, beseeching Claiborne not to permit them, but to
use his own authority, as the constitutional guardian of his
fellow-citizens, to protect them; but he was answered that the
executive had no authority to liberate those persons, and it
was for the judiciary to do it, if they thought fit. Workman
added, that he had heard that Wilkinson intended to ship off
his prisoners, and if this was permitted, writs of habeas
corpus would prove nugatory.

"From the alarm and terror prevalent in the city, the deputy
sheriff could procure no boat to take him on board of the
ketch, on the day the writ issued. This circumstance was made
known early on the next morning, to Workman, who thereupon
directed the deputy sheriff to procure a boat by the offer of a
considerable sum of money, for the payment of which he
undertook the county would be responsible. The writ was served
soon afterwards, and returned at five in the evening by
Commodore Shaw, and the commanding officer of the ketch,
Lieutenant Jones; Swartwout had been taken from the ketch
before the service of the writ. Ogden was produced and
discharged, as his detention was justified on the order of
Wilkinson only.

"On the eighteenth of December, Wilkinson returned the writ of
habeas corpus into the superior court, stating that, as
commander in chief of the army of the United States, he took on
himself all responsibility for the arrest of Erick Bollman,
charged with misprison of treason against the government of the
United States, and he had adopted measures for his safe
delivery to the government of the United States: that it was
after several conversations with the governor and one of the
judges of the territory, that he had hazarded this step for the
national safety, menaced to its basis by a lawless band of
traitors, associated under Aaron Burr, whose accomplices were
extended from New-York to New-Orleans: that no man held in
higher reverence the civil authorities of his country, and it
was to maintain and perpetuate the holy attributes of the
constitution, against the uplifted arm of violence, that he had
interposed the force of arms in a moment of the utmost peril,
to seize upon Bollman, as he should upon all others, _without
regard to standing or station_, against whom any proof might
arise of a participation in the lawless combination.

"This return was, afterwards, amended, by an averment that, at
the time of the service of the writ, Bollman was not in the
possession or power of the person to whom it was addressed.

"On the following day Ogden was arrested a second time by the
commanding officer of a troop of cavalry of the militia of the
territory, in the service of the United States, by whom
Alexander was also taken in custody; on the application of
Livingston, Workman issued writs of habeas corpus for both
prisoners.

"Instead of a return, Wilkinson sent a written message to
Workman, begging him to accept his return to the superior
court, as applicable to the two traitors, who were the subjects
of his writs. On this, Livingston procured from the court, a
rule that Wilkinson make a further and more explicit return to
the writs, or show cause why an attachment should not issue
against him.

"Workman now called again on Claiborne, and repeated his
observations, and recommended, that Wilkinson should be opposed
by force of arms. He stated, that the violent measures of that
officer had produced great discontent, alarm, and agitation, in
the public mind; and, unless such proceeding were effectually
opposed, all confidence in government would be at an end. He
urged Claiborne to revoke the order, by which he had placed the
Orleans volunteers under Wilkinson's command, and to call out
and arm the rest of the militia force, as soon as possible. He
stated it as his opinion, that the army would not oppose the
civil power, when constitutionally brought forth, or that, if
they did, the governor might soon have men enough to render the
opposition ineffectual. He added, that, from the laudable
conduct of Commodore Shaw and Lieutenant Jones, respecting
Ogden, he not only did not apprehend any resistance to the
civil authority from the navy, but thought they might be relied
on. Similar representations were made to Claiborne by Hall and
Mathews; but they were unavailing.

"On the twenty-sixth, Wilkinson made a second return to the
writ of habeas corpus, stating that the body of neither of the
prisoners was in his possession or control. On this, Livingston
moved for process of attachment.

"Workman now made an official communication to Claiborne. He
began by observing, that the late extraordinary events, which
had taken place within the territory, had led to a
circumstance, which authorized the renewal, in a formal manner,
of the request he had so frequently urged in conversation, that
the executive would make use of the constitutional force placed
under his command, to maintain the laws, and protect his
fellow-citizens against the unexampled tyranny exercised over
them.

"He added, it was notorious that the commander in chief of the
military forces had, by his own authority, arrested several
citizens for civil offences, and had avowed on record, that he
had adopted measures to send them out of the territory, openly
declaring his determination to usurp the functions of the
judiciary, by making himself the only judge of the guilt of the
persons he suspected, and asserting in the same manner, and as
yet without contradiction, that his measures were taken, after
several consultations with the governor.

"He proceeded to state, that writs of habeas corpus had been
issued from the court of the county of New-Orleans: on one of
them, Ogden had been brought up and discharged, but he had
been, however, again arrested, by order of the general,
together with an officer of the court, who had aided
professionally in procuring his release. The general had, in
his return to a subsequent writ, issued on his behalf, referred
the court to a return made by him to a former writ of the
superior court, and in the further return which he had been
ordered to make, he had declared that neither of the prisoners
was in his power, possession, or custody; but he had not
averred what was requisite, in order to exempt him from the
penalty of a contempt of court, that these persons were not in
his power, possession, or custody, at the time when the writs
were served, and, in consequence of the deficiency, the court
had been moved for an attachment.

"The judge remarked, that although a common case would not
require the step he was taking, yet, he deemed it his duty,
before any decisive measure was pursued against a man, who had
all the regular force, and in pursuance of the governor's
public orders, a great part of that of the territory, at his
disposal, to ask whether the executive had the ability to
enforce the decrees of the court of the county, and if he had,
whether he would deem it expedient to do it, in the present
instance, or whether the allegation by which he supported these
violent measures was well founded?

"Not only the conduct and power of Wilkinson, said the judge,
but various other circumstances, peculiar to our present
situation, the alarm excited in the public mind, the
description and character of a large part of the population of
the country, might render it dangerous, in the highest degree,
to adopt the measure usual in ordinary cases, of calling to the
aid of the sheriff, the _posse comitatus_, unless it were done
with the assurance of being supported by the governor in an
efficient manner.

"The letter concluded by requesting a precise and speedy answer
to the preceding inquiries, and an assurance that, if certain
of the governor's support, the judge should forthwith punish,
as the law directs, the contempt offered to his court: on the
other hand, should the governor not think it practicable or
proper to afford his aid, the court and its officers would no
longer remain exposed to the contempt or insults of a man, whom
they were unable to punish or resist.

"The legislature met on the twelfth of January. Two days after,
General Adair arrived in the city, from Tennessee, and reported
he had left Burr at Nashville, on the twenty-second of
December, with two flat boats, destined for New-Orleans. In the
afternoon of the day of Adair's arrival, the hotel at which he
had stopped was invested by one hundred and twenty men, under
Lieutenant Colonel Kingsbury, accompanied by one of Wilkinson's
aids. Adair was dragged from the dining table, and conducted to
head quarters, where he was put in confinement. They beat to
arms through the streets; the battalion of the volunteers of
Orleans, and a part of the regular troops, paraded through the
city, and Workman, Kerr, and Bradford, were arrested and
confined. Wilkinson ordered the latter to be released, and the
two former were liberated on the following day, on a writ of
habeas corpus, issued by the district judge of the United
States. Adair was secreted until an opportunity offered to ship
him away."

We approach a very interesting portion of our history, in which certain transactions are detailed, with great precision, for some of which General Jackson has obtained, and deserved, a brilliant crown of military glory, and for others has been visited with deep and indignant reproaches; whether justly or not, the reader will decide by the facts of the case.

On the 2d of December 1814, General Jackson reached New-Orleans; and on the next day commenced his operations to put the city in a state of defence against the attack expected to be made upon it. A large naval force of the enemy was off the port of Pensacola; and it was understood that New-Orleans was their object. The force in New-Orleans consisted of seven hundred men of the United States regiments; one thousand state militia, and some sailors and marines. Reinforcements from Tennessee and Kentucky were looked for. It is not to our purpose, and must be unnecessary, to recapitulate all the interesting occurrences which took place at this alarming crisis; all evincing the gallantry and patriotism of our countrymen. In this early stage of the contest, our author, with great warmth and strong testimony, asserts the unshaken fidelity and active efficient attachment of the people of New-Orleans to the government of the United States, and repels with an honest indignation the charges of disaffection and treason which were on various occasions made upon them, to justify the tyrannical violence of certain proceedings against them. He says, "although the population of New-Orleans was composed of individuals of different nations, it was as patriotic as that of any city in the Union." We believe him most sincerely; and who does not? Can any just and candid man doubt it after a sober perusal of his details, having a particular relation to this question? To suppose that they had any sympathies with the invading foe; any treasonable correspondence with them; any desire for their success; is to calumniate a people as deeply and dearly interested in our independence, as devotedly attached to our institutions, as any portion of the republic. We therefore not only excuse, but applaud, the feelings of resentment with which Judge Martin, himself one of the people of Louisiana, and honoured by her confidence, meets every assertion and insinuation of treachery or disaffection cast upon her. He assures us, that "Claiborne (the governor) was sincerely attached to the government of his country, and the legislature was prepared to call forth and place at Jackson's disposal, all the resources of the state." Again he says, "If some, in the beginning, doubted whether General Jackson's military experience had been of a kind to fit him for this service, his conduct very soon dispelled the doubt."

"The want of an able military chief was sensibly felt, and
notwithstanding any division of sentiment on any other subject,
the inclination was universal to support Jackson, and he had
been hailed on his arrival by all. There were some, indeed, who
conceived that the crisis demanded a general of some experience
in ordinary warfare; that one whose military career had begun
with the current year, and who had never met with any but an
Indian force, was ill calculated to meet the warlike enemy who
threatened; but all were willing to make a virtue of necessity,
and to take their wishes for their opinions, and manifested an
unbounded confidence in him. All united in demonstrations of
respect and reliance, and every one was ready to give him his
support. His immediate and incessant attention to the defence
of the country, the care he took to visit every vulnerable
point, his unremitted vigilance, and the strict discipline
enforced, soon convinced all that he was the man the occasion
demanded."

The general had, however, imbibed strong prejudices against the inhabitants of the city, _infused into him by bad advisers who surrounded him_.

"Unfortunately he had been surrounded, from the moment of his
arrival, by persons from the ranks of the opposition to
Claiborne, Hall, and the state government, and it was soon
discovered that he had become impressed with the idea, that a
great part of the population of Louisiana was disaffected, and
the city full of traitors and spies. It appears such were his
sentiments as early as the 8th of September; for in a letter of
Claiborne, which he since published, the governor joins in the
opinion, and writes to him, 'I think with you, that our country
is full of spies and traitors.'"

The interest we feel to vindicate the people of Louisiana from the suspicions that were long entertained of their loyalty, and may not be yet wholly eradicated, induces us to trouble our readers with further extracts on this subject.

"The legislature was in session, since the beginning of the
preceding month. We have seen that Claiborne, at the opening of
the session, had offered them his congratulations on the
alacrity with which the call of the United States for a body of
militia had been met, which, with the detail of the proceedings
of that body, is the best refutation of the charges which have
been urged against them. It will show, that in attachment to
the Union, in zeal for the defence of the country, in
liberality in furnishing the means of it, and in ministering to
the wants of their brave fellow-citizens who came down to
assist them in repelling the foe, the general assembly of
Louisiana does not suffer by a comparison of its conduct with
that of any legislative body in the United States. The
assertion, that any member of it entertained the silly opinion,
that a capitulation, if any became necessary, was to be brought
about or effected by the agency of the houses, any more than by
that of a court of justice, or the city council of New-Orleans,
is absolutely groundless."

A proposition was made by the governor to the legislature, to suspend the writ of habeas corpus, in order that men might be pressed for the service, particularly naval, of the United States: the legislature knew it to be a dangerous measure, and thought it unnecessary.

"Coming from every part of the state, the representatives had
witnessed the universal alacrity with which Jackson's
requisitions for a quota of the militia of the state had been
complied with; they knew their constituents could be depended
on; they knew that Jackson, Claiborne, and many of the
military, were incessantly talking of sedition, disaffection,
and treason; but better acquainted with the people of
Louisiana, than those who were vociferating against it, they
were conscious, that no state was more free from sedition,
disaffection, and treason, than their own; they thought the
state should not outlaw her citizens, when they were rushing to
repel the enemy. They dreaded the return of those days, when
Wilkinson filled New-Orleans with terror and dismay, arresting
and transporting whom he pleased. They recollected that in 1806
Jefferson had made application to congress for a suspension of
the writ of _habeas corpus_, but that the recommendation of the
president was not deemed sufficient to induce the legislature
of the Union to suspend it: that of Claiborne, as far as it
concerned Jackson, was not therefore acted on. The members had
determined not to adjourn during the invasion, and thought they
would suspend the writ when they deemed the times required it,
but not till then."

That the refusal to put an uncontrouled power over the persons of the citizens, to withdraw from them the protection of the law, did not proceed from an unwillingness to obtain for the service the force required, is made manifest by the substitute adopted. "A sum of five thousand dollars was placed at the disposal of the commodore, to be expended in bounties; and, to remove the opportunity of seamen being tempted to decline entering the service of the United States, by the hope of employment on board of merchant vessels, an embargo was passed."

The general does not seem to have been satisfied with the reasons of the legislature for denying the power he desired, nor with their substitute for it.

"The suspension of the writ of _habeas corpus_, and adjournment
of the houses, were measures which Jackson anxiously desired.
There was a great inclination in the members of both houses to
gratify him, in every instance in which they could do it with
safety: in these two only, they were of opinion it would be
unsafe to adopt his views."

General Carroll, with a brigade of Tennessee militia, arrived on the 19th, and the legislature were indefatigable in preparing for the expected attack.

"At this period the forces at New-Orleans amounted to between
six and seven thousand men. Every individual exempted from
militia duty on account of age, had joined one of the
companies of veterans, which had been formed for the
preservation of order. Every class of society was animated with
the most ardent zeal; the young, the old, women, children, all
breathed defiance to the enemy, firmly disposed to oppose to
the utmost the threatened invasion. There were in the city a
very great number of French subjects, who from their national
character could not have been compelled to perform military
duty; these men, however, with hardly any exception,
volunteered their services. The Chevalier Tousard, the Consul
of France, who had distinguished himself, and had lost an arm
in the service of the United States, during the revolutionary
war, lamenting that the neutrality of his nation did not allow
him to lead his countrymen in New-Orleans to the field,
encouraged them to flock to Jackson's standard. The people were
preparing for battle as cheerfully as if for a party of
pleasure: the streets resounded with martial airs: the several
corps of militia were constantly exercising, from morning to
night: every bosom glowed with the feelings of national honour:
every thing showed nothing was to be apprehended from
disaffection, disloyalty, or treason."

On the 21st, the enemy landed with a strong force, and a proud one, confident of an easy victory. They looked upon all the wealth and comforts of New-Orleans as already their own. The battle that shortly after ensued, _sought for and won_ by the Americans, can never be forgotten. The promptitude, decision, and skill, with which General Jackson took his measures; the bravery with which they were executed; and the glorious success which crowned the bold attack upon an enemy greatly superior in numbers, discipline, and experience, will be ranked among the most gallant achievements of military history. Our author assures us that the invading army "had a force of very near five thousand men; that which opposed him was not above two thousand." Preparations against the grand attack upon the city continued with unceasing vigilance and labour. The members of the legislature--_the suspected legislature_--old and young, joined some of the military corps; but lest their legislative aid might also be required, they continued their sessions; when a most extraordinary proceeding occurred.

"Every day, towards noon, three or four of the members of each
house, who served among the veterans or on the committees,
attended in their respective halls to effect an adjournment, in
order that, if any circumstance rendered the aid of the
legislature necessary, it might be instantly afforded. On going
for this purpose to the government house, Skipwith, the speaker
of the senate, and two of its members, found a sentinel on the
staircase, who, presenting his bayonet, forbade them to enter
the senate chamber. They quietly retired, and proceeded to the
hall of the sessions of the city council, where an adjournment
took place. The members of the other house, who attended for
the same purpose, were likewise prevented from entering its
hall, and acted like those of the senate."

A committee was appointed to wait upon the general, and inquire into the reasons of these violent measures against the legislature. The general gave his reasons, which, in short, were, that he had received information "that the assembly were about to give up the country to the enemy." The author goes into a full examination of this charge; and the refutation of it is entirely satisfactory.

The spirit of defence even entered the walls of the prisons.

"A number of debtors, who had taken the benefit of the acts
establishing the prison bounds, were anxious to join in the
defence of the city, but were apprehensive of exposing their
sureties. On this being represented to the legislature, an act
was passed, extending the prison bounds, until the first of May
following, so as to include Jackson's line."

The last effort of the invader was made by the battle of the 8th of January, and is described in our book with much effect. Long may it be read and remembered with an unextinguishable glow of pride and patriotism! The contest was ended; the foe hastily abandoned our shores, on which they left nothing but memorials of their defeat and shame, in the melancholy monuments of their slaughtered companions. Our author concludes his narrative of these eventful days, with an eloquent tribute to the general, by whose indefatigable activity and fearless gallantry a rich and populous city was saved.

"If the vigilance, the activity, and the intrepidity of the
general had been conspicuous during the whole period of the
invasion, his prudence, moderation, and self-denial, on the
departure of the enemy, deserves no less commendation and
admiration. An opportunity was then presented to him of
acquiring laurels by a pursuit, which few, elated as he must
have been by success, could have resisted. But, he nobly
reflected that those who fled from him were mercenaries--those
who surrounded his standard, his fellow-citizens, almost
universally fathers of families;--sound policy, to use his own
expressions, neither required nor authorized him to expose the
lives of his companions in arms, in a useless conflict. He
thought the lives of ten British soldiers would not requite the
loss of one of his men. He had not saved New-Orleans to
sacrifice its inhabitants."

On his return to the city, he was greeted with "tears of gratitude"--why were they not perpetual? His cruel suspicions; his unjust accusations of treason and disaffection, were forgotten or forgiven, and no sentiment remained in the hearts of the people of Louisiana, but admiration of his conduct in the day of trial, and gratitude for his services; why was not this perpetual? We shall see.

"By a communication of the 13th of January, from Admiral Cochrane, Jackson was informed that the Admiral had just received a bulletin from Jamaica, (a copy of which was enclosed) proclaiming that a treaty of peace had been signed by the respective plenipotentiaries of Great Britain and the United States, at Ghent, on the 24th of December. The despatch did not arrive till the 21st, by way of Balize; but the intelligence had been brought to the city by one of Jackson's aids, who had returned from the British fleet with a flag of truce." As in canvassing the subsequent proceedings of the General at New-Orleans, his advocates have pretended that he had no information of the peace to which he ought to have trusted, that point must not be overlooked in our inquiries. What was the evidence at this period, that is, on the 21st of January? A communication directly addressed to him, by and under the name of the British Admiral, with every sanction that honour and good faith could give it. This communication, so vouched, was accompanied by a copy of a bulletin which the Admiral declared he had just received from Jamaica, too distant to have been fabricated there for the occasion; and all this was confirmed by the intelligence brought by one of the General's aids from the fleet. Is there any degree of military caution that would have doubted the truth of this information, _in the manner and for the purposes_ for which the doubts, real or pretended, were used by the General? We will not say that he should, on such intelligence, have exposed himself to an attack from the enemy; that he should have disbanded his army, or thrown by his guards and defence, as if the intelligence had been authentic from his own government; but, assuredly there was that in the information he received, on which a strong reliance might reasonably and safely have been placed; at least enough to have suspended military operations _against his own fellow-citizens_. He must have imputed fraud, falsehood, and forgery, to an officer, who, although an enemy, was entitled to a more just and respectful consideration. No usage of modern warfare would have justified such practices, and therefore they ought not to have been presumed. With no disposition to "set down aught in malice" against the General, we cannot refrain from saying, that, whatever he may have found it convenient to believe or disbelieve, to justify the extravagance of ungovernable passions inflamed by evil counsellors, in his moments of sober thoughts, if any such happened to him, he could not reject the testimony before him, of the termination of the war. He certainly, at least, thought it worthy to be announced to the people, although he "forewarned them from being thrown into security by hopes that might be delusive." This was a prudent caution, and sufficient. "On the 22d, the gladsome tidings were confirmed, and a _Gazette of Charleston_ was received, announcing the _ratification of the Treaty_ by the Prince Regent." We assume then, that on the 22d of January, such intelligence was received of the Peace at New-Orleans, as might, and should have satisfied the most sceptical military caution, of its truth, at least to the extent required for our examination into the General's subsequent conduct.

It seems that a discontent had arisen, which led to serious consequences. The _French subjects_ resident at New-Orleans, "had flocked round Jackson's standard, determined to leave it with the necessity that called them to it, and not till then." They endured much privation, toil, and danger; their families also were in a state of suffering, to whose relief they were anxious to return _after the enemy had left the state_. A few solicited a discharge; but the General insisted on their being retained. Some then demanded of the French consul, certificates of their national character, which were presented to the General, who countersigned them, and the bearers were permitted to return home. So many, however, applied for this indulgence, that the General believed that the consul too easily granted his certificates, "and considering a compliance with his duty, as evidence of his adhesion to the enemy, ordered him out of the city."

We now come to a false step, of more importance, made by the General, to which he was led by that which has overthrown many men placed in elevated stations. It has been the misfortune and ruin of great men who were high; and, more frequently so, of high men who were not great; _weak and evil counsellors_.

"Yielding to the advice of many around him, who were constantly
filling his ears with their clamours about the disloyalty,
disaffection, and treason of the people of Louisiana, and
particularly the state officers and the people of French
origin, Jackson, on the last day of February, issued a general
order, commanding all French subjects, possessed of a
certificate of their national character, subscribed by the
consul of France, and countersigned by the commanding general,
to retire into the interior, to a distance above Baton
Rouge:--a measure, which was stated to have been rendered
indispensable by the frequent applications for discharges. The
names were directed to be taken of all persons of this
description, remaining in the city, after the expiration of
three days.

"Time has shown this to have been a most unfortunate step; and
those by whose suggestions it was taken, soon found themselves
unable to avert from the general the consequences to which it
exposed him. The people against whom it was directed were
loyal--many of them had bled, all had toiled and suffered in
the defence of the state. Need, in many instances, improvidence
in several, had induced the families of these people to part
with the furniture of their houses to supply those immediate
wants, which the absence of the head of the family occasioned.
No exception, no distinction was made. The sympathetic feelings
of every class of inhabitants were enlisted in favour of these
men; they lacked the means of sustaining themselves on the way,
and must have been compelled, on their arrival at Baton Rouge,
then a very insignificant village, to throw themselves on the
charity of the inhabitants. Another consideration rendered the
departure of these men an evil to be dreaded. The apprehension
of the return of the enemy was represented, as having had much
weight with Jackson in issuing his order. Their past conduct
was a sure pledge that, in case of need, their services would
again be re-offered; there were among them a number of
experienced artillery-men; a description of soldiers, which was
not easily to be found among the brave who had come down from
Kentucky, or Tennessee, or even in the army of the United
States. These considerations induced several respectable
citizens to wait on Jackson, for the purpose of endeavouring to
induce him to reconsider a determination, which was viewed as
productive of flagrant injustice and injury to those against
whom it was directed, without any possible advantage, and
probably very detrimental, to those for whose benefit it was
intended."

To quiet and console this distressed and injured people under this wanton decree of military power; this cruel exile; it was recommended to them to submit without resistance to the order.

"They were assured, that the laws of the country would protect
them, and punish, even in a successful general, a violation of
the rights of, or a wanton injury to, the meanest individual,
citizen or alien. They were referred to the case of Wilkinson,
against whom an independent jury of the Mississippi territory
had given a verdict in favour of Adair, who had been illegally
arrested and transported, during the winter of 1806."

It must be recollected, that this order was issued and executed on the last day of February, six weeks after the Charleston Gazette had announced at New-Orleans, the ratification of the treaty of peace, as above stated. During all this period, there had not been an appearance of the enemy, or a movement by them, or the slightest occurrence or rumour, to raise a doubt of the truth of this intelligence. Not a doubt of it was expressed by any body or from any quarter. On the 14th of February, two weeks after the sentence of banishment upon the French subjects, "the mail brought northern Gazettes, announcing the arrival of the treaty at Washington." Was this also a British trick and delusion, not to be trusted even by a relaxation of the severest military discipline, or a mitigation of the dangerous predominance of martial law? Our author says, "the hope that had been entertained that Jackson would now allow these unfortunate people to stay with their families, was disappointed."

_Louallier_, a member of the House of Representatives, had been conspicuous in bringing forth the energies of the state for its defence. His activity and usefulness were properly appreciated by his fellow-citizens. An opinion prevailed, that Jackson was unfriendly to the French citizens, and to the officers of the state government.

"A report, which now was afloat, that those who surrounded
Jackson were labouring to induce him to arrest some
individuals, alluded to in the general orders of the 28th of
February, roused his indignation, to which (perhaps more
honestly than prudently) he gave vent in a publication, of
which the following is a translation, in the _Courier de la
Louisiane_ of the 3d of March."

The publication is of considerable length, and written with warmth and ability. Our author, after giving it at large, proceeds--

"Man bears nothing with more impatience, than the exposure of
his errors, and the contempt of his authority. Those who had
provoked Jackson's violent measure against the French subjects,
availed themselves of the paroxysms of the ire which the
publication excited: they threw fuel into the fire, and blew it
into a flame. They persuaded him Louallier had been guilty of
an offence, punishable with death, and he should have him tried
by a court martial, as a spy. Yielding to this suggestion, and
preparatory to such a trial, he ordered the publication of the
second section of the rules and articles of war, which
denounces the punishment of death against spies, and directed
Louallier to be arrested and confined. Eaton is mistaken when
he asserts that the section had been published _before_. The
adjutant's letter to Leclerc, the printer of the _Ami des
Lois_, requesting him to publish it, bears date of the _fourth_
of March, the day _after_ Louallier's publication made its
appearance. The section was followed by a notice that 'the city
of New-Orleans and its environs, being under martial law, and
several encampments and fortifications within its limits, it
was deemed necessary to give publicity to the section, _for the
information of all concerned_.'

"Great, indeed, must have been Jackson's excitement, when he
suffered himself to be persuaded, that Louallier could
successfully be prosecuted as a spy. Eaton informs us,
Louallier was prosecuted as one _owing allegiance to the United
States_. The very circumstance of his owing that allegiance,
prevented his being liable to a prosecution as a spy. He was a
citizen of the United States: his being a member of the
legislature, was evidence of this. If he, therefore, committed
any act, which would constitute an alien a _spy_, he was guilty
of high treason, and ought to have been delivered to the
legitimate magistrate, to be prosecuted as a traitor."

Judge Martin goes into a short, but satisfactory argument, to prove that a citizen cannot be prosecuted as a spy under the articles of war. Whether, however, the General and his advisers considered Louallier as a spy, or a traitor, he "was arrested on Sunday the _5th of March_, at noon, near the Exchange Coffee-house." He applied to a gentleman of the bar for legal relief. An application for this purpose was made to Judge Martin, (our author) one of the members of the Supreme Court of the state. The judge thought he had no jurisdiction over the case, and could not interfere. _Hall_, the District Judge of the United States, was then called upon for a writ of habeas corpus, which was granted. The attorney was directed by the Judge to inform the General of his application for the writ and the order for issuing it.--This was in courtesy.

"On receiving Morel's communication, the ebullition of
Jackson's anger was such, that reason appeared to have lost its
control. Those who had suggested the harsh measure against the
French citizens, and the still more harsh one against
Louallier, imagined the moment was come, when their enmity
towards Hall might be gratified. We have seen that a number of
individuals, who had hitherto sustained a fair character, were
now known as accomplices of the Barrataria pirates.
Prosecutions had been commenced against some of them, and Hall
manifested that stern severity of character, which appals
guilt. The counsel of these men had conceived the idea that he
did not view their efforts to screen their clients, with the
liberality and indulgence they deserved. The opportunity now
offered of humbling this worthy magistrate, was not suffered to
remain unimproved; and Jackson was assured that Hall, like
Louallier, was guilty of an offence punishable with death.

"The general's attention was drawn to the seventh section of
the rules and articles of war, which denounces the last
punishment against persons aiding or abetting mutiny; and he
was pressed to prosecute the judge before a court martial. As a
preparatory step, with that promptitude of decision, which
Eaton says is a leading trait in his character, he signed an
instrument at once, the warrant for the arrest, and the
_mittimus_ for the imprisonment of Hall. He wrote to Colonel
Arbuckle, who commanded at the barracks, that having received
proof that Dominick A. Hall had been _aiding_, _abetting_, _and
exciting mutiny_ in his camp, he desired that a detachment
might be ordered forthwith, to arrest and _confine_ him; and
that a report might be made as soon as he was arrested. 'You
will,' as it is said in the conclusion of this paper, 'be
vigilant; as the agents of our enemy are more numerous than we
expected. You will be guarded against escapes.'

"The prosecution of the judge was intended to be grounded on
the seventh section of the articles of war, which is in these
words:--'Any _officer or soldier_, who shall begin, cause,
excite, or join in, any mutiny or sedition, in any troop or
company, in the service of the United States, or in any post,
detachment, or guard, shall suffer death, or any other
punishment, as by a court martial shall be inflicted.'

"Hall was not an officer, in the sense of the act of
Congress--he was not a soldier, in the ordinary meaning of that
word; but, according to the jurisprudence of head quarters, the
proclamation of martial law had transformed every inhabitant of
New-Orleans into a soldier, and rendered him punishable under
the articles of war.

"The judge was accordingly arrested in his own house, at nine
o'clock, and confined in the same apartment with Louallier, in
the barracks.

"As soon as this was reported at head quarters, Major Chotard
was despatched to demand from Claiborne, the clerk of the
district court of the United States, the surrender of
Louallier's petition, on the back of which Hall had written the
order for issuing the writ of _habeas corpus_. It has been seen
that there was not any officer of the state government, nor of
the United States, out of the army, who imagined that a
proclamation of martial law gave the general any right, nor
imposed on others any obligation, which did not exist before.
The clerk accordingly answered that there was a rule of court,
which forbade him to part with any original paper lodged in his
office; and he was ignorant of any right, in the commander of
the army, to interfere with the records of the court. He
however was, after much solicitation, prevailed on to take the
document in his pocket, and accompany Chotard to head quarters.

"In the meanwhile, an express from the department of war had
arrived, with the intelligence that the President of the United
States had ratified the treaty, and an exchange of the
ratifications had taken place at Washington, on the 17th of
February, the preceding month. By an accident, which was not
accounted for, a packet had been put into the hands of the
messenger, instead of the one containing the official
information of the exchange of the ratifications. But the man
was bearer of an open order of the postmaster, to all his
deputies on the road, to expedite him with the utmost celerity,
as he carried _information of the recent peace_. He declared he
had handed an official notice of this event to the governor of
the state of Tennessee.

"On the arrival of the clerk at head quarters, Jackson asked
him whether it was his intention to issue the writ: he replied
it was his bounden duty to do so, and he most assuredly would.
He was threatened with an arrest, but persisted in his
asseveration that he would obey the judge's order. He had
handed Louallier's petition to Jackson, and, before he retired,
demanded the return of it; this was peremptorily refused, and
the paper was withheld. It appears the date of the _fifth_ of
March had been originally on this document, and that being
Sunday, Hall changed it to that of the following day, the
_sixth_. The idea had been cherished, that this alteration
might support an additional article, in the charges against
Hall. It is not extraordinary, that those who imagined that, as
Louallier might be tried for a _libel_, in a court martial,
Hall might for _forgery_. Thus one inconsistency almost
universally leads to another.

"Duplessis, the marshal of the United States, had volunteered
his services, as an aid to Jackson; a little after midnight he
visited head quarters. The imprisonment of Hall, and the
accounts from Washington, had brought a great concourse of
people near the general; who, elated by the success of the
evening, met the marshal at the door, and announced to him, _he
had shopped the judge_. Perceiving that Duplessis did not show
his exultation, he inquired whether he would serve Hall's writ.
The marshal replied, he had ever done his duty, which obliged
him to execute all writs directed to him by the court, whose
ministerial officer he was; and, looking sternly at the person
who addressed him, added, he would execute the court's writ _on
any man_. A copy of the proclamation of martial law, that lay
on the table, was pointed to him, and Jackson said, he _also_
would do his duty.

"A large concourse of people had been drawn to the Exchange
coffee-house, during the night, by the passing events, which
were not there, as at head quarters, a subject of exultation
and gratulation. The circumstances were not unlike those of the
year 1806, which Livingston describes as 'so new in the history
of our country, that they will not easily gain belief, at a
distance, and can scarcely be realized by those who beheld
them. A dictatorial power, assumed by the commander of the
American army--the military arrest of citizens, charged with a
civil offence--the violation of the sanctuary of justice--an
attempt to overawe, by denunciations, those who dared,
professionally, to assert the authority of the laws--the
unblushing avowal of the employment of military force, to
punish a civil offence, and the hardy menace of persevering in
the same course, were circumstances that must command
attention, and excite the corresponding sentiments of grief,
indignation, and contempt.'"

We have made our extract so copiously of this dangerous and extravagant proceeding, because we wish it to be represented in the language of the author, and not by any abridgment of ours. General Jackson having received intelligence of the treaty which he chose to agree that he relied upon, addressed a despatch to the British commander "to anticipate the happy return of peace." We again take up our author.

"Jackson now paused to deliberate, whether these circumstances
did not require him, by a cessation of all measures of
violence, to allow his fellow-citizens in New-Orleans, to
anticipate this happy return of peace, the account of which,
the first direct intelligence was to bring to him, in an
official form--the untoward arrival of an orderly sergeant,
with a message from Arbuckle, to whom the custody of Hall had
been committed, prevented Jackson coming to that conclusion,
which his unprejudiced judgment would have suggested. The
prisoner had requested, that a magistrate might be permitted to
have access to him, to receive an affidavit, which he wished to
make, in order to resort to legal measures, for his release.
Arbuckle desired to know the general's pleasure, on this
application. Naturally impatient of any thing like control or
restraint, the idea of a superior power to be employed against
his decisions, threw Jackson into emotions of rage. Before they
had sufficiently subsided to allow him to act on the message,
some of his ordinary advisers came in, to recommend the arrest
of Hollander, a merchant of some note. What was the offence of
this man, has never been known; but Jackson's temper of mind
was favourable to the views of his visiters. He ordered the
arrest of the merchant, and forbade the access of the
magistrate to Hall; the idea of allowing his fellow-citizens to
anticipate the happy return of peace was abandoned, and
measures were directed to be taken for the trial of Louallier."

The boasted "promptitude and decision" of the General's character, admirable qualities in their proper places and under proper regulation, carried him on, deeper and deeper, into the violation of the most sacred rights of a free citizen, and of the immunities of the officers of the law in the administration of the laws.

"Dick, the attorney of the United States, made application to
Lewis, one of the district judges of the state, who was serving
as a subaltern officer, in the Orleans rifle company, and whose
conduct during the invasion, had received Jackson's particular
commendation. Believing that his duty as a military man, did
not diminish his obligation, as a judge, to protect his
fellow-citizens from illegal arrest, Lewis, without hesitation,
on the first call of Dick, laid down his rifle, and allowed the
writ.

"Information of this having been carried to head quarters,
Jackson immediately ordered the arrest of Lewis and Dick.

"Arbuckle, to whom Lewis's writ, in favour of Hall, was
directed, refused to surrender his prisoner, on the ground he
was committed by Jackson, under the authority of the United
States.

"The orders for the arrest of Lewis and Dick were
countermanded."

The effect of such proceedings, without parallel in a free government, and without apology any where, may be well imagined.

"The irritation of the public mind manifested itself, in the
evening, by the destruction of a transparent painting, in
honour of Jackson, which the proprietor of the Exchange
coffee-house displayed, in the largest hall."

This brought the military in support of their General.

"A number of officers had compelled the proprietor of the
Exchange coffee-house, to exhibit a new transparent painting,
and to illuminate the hall in a more than usual manner. They
attended in the evening, and stood near the painting, with the
apparent intention of indicating a determination, to resist the
attempt of taking down the painting. It was reported, a number
of soldiers were in the neighbourhood, ready to march to the
coffee-house, at the first call. This was not calculated to
allay the excitement of the public mind. The prostration of the
legitimate government; the imprisonment of the district judge
of the United States, the only magistrate, whose interference
could be successfully invoked, on an illegal arrest, under
colour of the authority of the United States, the ascendency
assumed by the military, appeared to have dissolved all the
bands of social order in New-Orleans."

The good sense, we are told, of some of the most influential characters in the city, prevented the extremities to which these proceedings were fast approaching. The injured and the irritated were assured, "that Jackson's day of reckoning would arrive; that _Hall_, with the authority (though now without the power) of chastising the encroachments of the military, possessed the resolution, and would soon have the power to punish the violators of the law." The court martial, by whom Louallier was tried, acquitted him.

"Jackson was greatly disappointed at the conclusion to which
the court martial had arrived; he, however, did not release
either of his prisoners, and on the tenth issued the following
general order:--

"'The commanding general disapproves of the sentence of the
court martial, of which Major-general Gaines is president, on
the several charges and specifications exhibited against Mr.
Louallier; and is induced by the novelty and importance of the
matters submitted to the decision of that court, to assign the
reasons of this disapproval.'"

He gave his reasons at length, which only show how hard it is for certain tempers to acknowledge a wrong, or return to the right.