The Friend and monitor. (Washington, Ga.) 1815-18??, June 16, 1815, Image 1

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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.