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Th dollars, per annum .]
V bam me L]
Trial >f General ‘Jackson.
fine following extract of a
from gentleman in N.
Orleans :o his friend in this
towi presents a substantial
aceoun: of the trial of Gene
r.T ‘< ■•cxs n, for opposing the
execution of a writ of habeas
cry.-pus, ssued for the release
J(A l person who had been im
\y onoi for a breach of the
m -.. :.,i; law, proclaimed in Or
i ms, while the enemy were
threatening the city.]
P’chnion l Enqirer.
N- w Orleans, March 27, 1815.
u . e vrit having been
serve:.! on le General, he pre
■ I iu iself to the court on
/the r/r- March, 1815. On
i- wal at the court-house
don- ie populace gave three
cV: : s—rtlie General entered
—; .: judge, Hall, remarked,
it was impossible to proceed
v. xi that kind of,interruption,
a 1 i was about to adjourn the
c ) ■ l, upon which the general
presented his defence in wri
ti gi: and said, sir, I pledge
my ife there shall be no in*
r -i >tion on my part, upon
whfen the judge ordered him
peremptorily to sit down, to
winch t ie general answered, I
W;!!, :u dear sir..
‘dr. i*'ck, attorney, rose
to open, the ease on the part of
t or isecutipn, observed that
t ;• case was of the utmost
iVioonance, as the civil liber
tie t the country depended
upo the free and uninterrupt
ed fu actions of the judiciary.
The general felt himself un
pleasa it y situated, and beged
leave o withdraw, under pre
text of his lady’s indisposi
tion, w lich privilege the judge
gr i ited—Mr. Dick continu
ed his eloquent address against
the general, in which declama
tion is objected to the reading
of toe generals defence, sta
oy anticipating its illegal
ity, supposing it contained his
r: as for having proclaim
e 1 martial law, under the ne
ces - y of the times, See.
y Major Reed, Gen. Jack
son’s cn.ef aid-de-camp, Mr.
Liv lgston, Mr. Duncan and
Mr. i) ? vazac, volunteer aid-de
camps, presented themselves
fpr defending the generals
clause. Tne former of these
gentlemen rose to offer the
reading of the defence—Dick
objected again to the opening
of the paper. Mr. Living
ston then rose in support of
the position, who was succeed
ed by Mr. Duncan—they
were answered by the oppo-
THE FRIEND AND MONITOR.
PUBLISHED (weekly) BY JOHN K. M. CHARLTON*
WASHINGTON , (Geo.) FRIDAY, JUNE 16, 1815.
; site counsel, viz. Dick, Robin
son, Henning, S*c.
“ The judge then admitted
| the introduction of the paper,
so far as related to legal
points of defence, against the
issuing of the attachment by
the defendant’s counsel pro
ducing the law in support of
every position, but debarred
the necessity of the times, Jkc.
| and further admitted the read
: ing any part which tended to
: apologize to the court. Mr.
Reed accordingly went cn to
read the papers, and where he
came to the words “ when I
arrived in the country, I re
ceived letters,’’ be was inter
, rupted by the judge, saying
that is a deviation from the
admission.. Subsequent to
which, various points were
; discussed by both parties ; the
judge peremptorily declared
> the paper should not be read,
. and abjourned at 12 o’clock,
till 10 o’clock the next day.
Tuesday , 28 th March.
“ The court met according
!to adjournment. The judge
produced and read an opinion
which he had drawn up—it
contained many points of ob
jections respecting martii law,
sand the suspension of the ci
vil jurisprudence, and particu
larly declaring that the writ
ten defence aforesaid should
j not nor could not legally be
admitted—that any objections
founded on and supported by
. the existing authorities of the
country, to shew cause why
the attachment should not is
sue, should be heard, and no
i thing in general should be in
j troduced. The counsel of
! the general urged with elabo
| rate zeal, the constitutional
: right to introduce the defence ;
j the opposite counsel opposed it
, asserting that the paper con
tained the reasons at large,
i which prompted the general
to the adoption of these rules
of the camp. The judge still
persited in his opinion, nor
would he be moved by all the
exertions and eloquence em
ployed by all the lawyers;
Mr. Livingston insisted that
no person present was author
ised to make any admission on
the part of the general, &c.
nor had they an opportunity
of adducing any other defence
than that contained in the
written statement, and if he,
the judge, precluded one part
he must the whole. The
judge then enquired whether
or not they had any defence to
make, to which the counsel for
VIRTUE, LIBERTY, AND SCIENCE.
the general relpicd, “they had
much to offerand Mr. Li
vingston stated in writing, a
greeably to the judge’s direc
tions, setting forth Lis reasons,
and excepting to the judge’s
opinion—the judge then di
rected Dick, the U. States’
attorney, to shew charges, to
amount to a contempt. He
then read the affidavit of Lou
alliere, who had been impris
oned and who had not enjoy
ed the writ of habeas corpus.
Various authorities were pro
duced and read—3d Black
stone page 13, and after con
; siderable debating the court
adjourned till 11 o’clock next
’ d ay.
Wednesday, March 29.
“ The court met according
to adjournment and delivered
their opinion, and after some
debating it was decided that
the attachment should issue,
after which they adjourned till
Friday 31st 11 o’clock.
Friday, March 31.
“ The court met at 11 o’-
clock—general Jackson walk
ed into the court house with
admirable composure and ex
emplary respect for the high
authority which called him
thither. He approached the
judge with a paper in his hand,
having dispensed with the
friendly offices of the profes
sional gentlemen who managed
1 his case before—judge Hail
then informed the general that
there were interrogatories to
be propounded to him, to
which he was desired to re
spond ; the general replied he
would not answer,, saying
“ Sir, my defence, in this accu
sation has been offered, and
you have denied its admis
sion ; you have refused me an
opportunity of explaining my
motives, and the necessity for
. the adoption of the martial law
in repelling an invading foe,”
pointing out at the same mo
ment his objections to that
mode of proceeding under
which the farcical enquiry
was had, to know whether or ‘
not the attachment should is
sue. “ I was then with these
bravefollows in arms,’* (allu
ding to the surrounding
crov/d) “ you were not sir. s’— 5 ’ —
Let it be remembered that on
the 24th of December, judge
Hall and judge **** obtained
general permission to pass the
guards to and fro, and set out
on foot, passed the upper
guard above the city, and went
to.the interior, whence they
did not return until after the
[Payable half yearly.
victory. The judge went on
to read his opinion, fitted to
cap this climax of ingratitude.
Tiie general interrupted him
with much apparent delibera
tion, saying. “ sir, state facts
and confine yourself to
since my defence is, and has
been precluded, let not cen
sure constitute a part of this
sought for punishment,” to
which the judge replied—“ it
is with delicacy, general that
I speak of your name or cha*
racier. I consider you the sa
viour of the country, but for
your contempt of civil author
ity, or to that effect, you will
pay a fine of 1000 dollars.”—
Here the general interrupted
him by filling a check for that
sum, on tiie bank &. presenting
it to the magistrate, which was
received in discharge. The
general then retired, observing
on his passage to the door “it
will be my turn next.” At
the door he was received a
midst the acclamations of the
exclaiming populace with
’ which the streets and ave
nues were filled, of all nations
and colors, A coach awaited
him at the door of the court
house, into which he was car
ried and seated, the shafts and
handies of which were eager
ly seized by the people, in
this way he was precipitated
thro’ the streets to the French
coffee house, amid the shouts
of vive le General Jackson and
denouncing his persecutors,
thence to the American coffee
house* where the general ad
dressed the crowd as follows:
“ Fellow citizens and sol
diers ! behold your general
under whom, but a few days
ago, you occupied the tented
field, braving and repelling all
the privations and dangers in
repelling and defeating y our
country’s exterior enemies,
under the rules and discipline
of the camp, so indispensible
to the hope of victory—rules
which were predicated upon
necessity, and which met the
approbation of every patriot !•
Behold him now bending un
der a specious pretext of re
dressing your country’s civil
authority, which though wro’t
through prejudice, he scorns
to deny or oppose, but cheer
fully submits to what is in
flicted on him, now that the
difficulties under which he
groaned are removed, and the.
discipline of the camp sum
mons you no more to arms.
It is the highest duty & pride
of all good men to pay the just-
[[Number 24.
