der connexions, and blissful scenes, which render life so dear-full of honor, and crowned with laurels which will never fade. When participating, in the bosoms of your families, the enjoyment of peaceful life, with what happiness will you not look back to the toils you have borneto the dangers you have encountered? How will all your past exposures be converted into sources of inexpressible delight? Who, that never experienced your sufferings, will be able to appreciate your joys? The man who slumbered ingloriously at home, during your painful marches, your nights of watchfulness, and your days of toil, will envy you the happiness which these recollections will afford-still more will he envy the gratitude of that country, which you have so eminently contributed to save. Continue, fellow-soldiers, on your passage to your several destinations, to preserve that subordination, that dignified and manly deportment, which have so ennobled your character.

"While the commanding general is thus giving indulgence to his feelings, towards those brave companions who accompanied him through difficulties and danger, he cannot permit the names of Blount, and Shelby, and Holmes, to pass unnoticed. With what generous ardor and patriotism, have these distinguished governors contributed all their exertions; and the success which has resulted, will be to them a reward more grateful than any which the pomp of title, or the splendor of wealth, can bestow.

"What happiness it is to the commanding general, that while danger was before him, he was, on no occasion, compelled to use towards his companions in arms, either severity or rebuke. If after the enemy had retired, improper passions began their empire in a few unworthy bosoms, and rendered a resort to energetic measures necessary for their suppression, he has not confounded the

innocent with the guilty-the seduced with the seducers. Towards you, fellow-soldiers, the most cheering recollections exist, blended, alas! with regret, that disease and war should have ravished from us so many worthy companions. But the memory of the cause in which they perished, and of the virtues which animated them, while living, must occupy the place where sorrow would claim to dwell.

"Farewell, fellow-soldiers. The expression of your general's thanks is feeble, but the gratitude of a country of freemen is yours-yours the applause of an admiring world."

15*

CHAPTER XI.

Recapitulation-Facts relative to the proclamation of martial law-Habeas Corpus-Louallier-Judge Hall -Defence of General Jackson's suspension of the writ of habeas corpus-He is arrested-His reasons showing cause why an attachment for contempt should not be heard against him-Consequences that would result from a strict adherence to the civil code in seasons of peril.

WE must now refer our readers to the transactions previous to the period of those related in the preceding chapter. The declaration of martial law, of which we have before remarked, was generally acquiesced in by most of the citizens of New Orleans, while the danger lasted. When it ceased to press them, the darker passions began to work; and those who had ever been unfriendly to the adoption of effective measures for the preservation of the city, evinced their hostility and contempt for the commanding general's regulations and rules for the preservation of the country.

On the 18th of February, Admiral Cochrane had written to General Jackson, that he had received from Jamaica unofficial intelligence of peace. The general received his letter on the 21st, and immediately addressed to him this inquiry, "whether he considered the intelligence as authorizing a cessation of hostilities?" which inquiry was answered in the negative. But with the retreat of the enemy to their ships, the danger appeared to many to be over; and the impatience of military duty which this impression created, was the motive upon which the dis

affected operated, to create disobedience and mutiny in the general's army. Although in his proclamation, the general had cautioned the citizens "not to be thrown into false alarms by the intelligence of peace," observing, "that even if it were true that a peace had been signed in Europe, it could not put an end to the war, until it should be ratified by the two governments;" although he British, who had been reinforced by a larger body of fresh troops, lay within half a day's sail of New Orleans, by a passage which the batteries at Chef Menteur and Fort Coquilles defended;-yet, one Louallier published a piece in a New Orleans paper, that caused the Louisiana companies, which manned these batteries, to desert, return into the city, and leave it exposed. He was arrested for exciting mutiny and desertion in the camp, and for giving intelligence to the enemy; and to discharge him from arrest, Judge Hall issued his writ of habeas corpus. This writ was resisted by General Jackson. For this act he has been severely censured, and with as little liberality and justice as usual. It has been gravely asserted, that he suspended the habeas corpus, the charter of our liberties, upon his own individual authority. His defence is complete and triumphant.

It was proved by the testimony of the clerk of the court, before which the process was returnable, that the writ which was granted for the release of Louallier, was actually issued before his arrest, and that the date had been altered by the judge to suit the occasion. This was proof of complicity on his part, that rendered the proceeding more objectionable. But General Jackson declined availing himself of this defect, and met the principle fairly, asserting the necessity of adhering to his plan of defence, and maintaining military power.

did he stop to ascertain what statute had conferred on a district judge of the United States, power to issue a pro

cess, which, touching the liberty of the citizen, and being in its nature the creature of statute, would more properly emanate from the state judiciary. As all other commanders in this Union, on occasions of less necessity, had done, he kept the civil process out of the camp. And would his accusers have had him to yield to the officious judge, and malcontent citizen-to suffer his troops to desert, and his defences to be abandoned, when a superior hostile force, unused to defeat, and intent on "beauty and booty," were hovering within a half day's sail of New Orleans, ready to strike a fatal blow to its liberties whenever a favorable opportunity presented? Was the temporary restraint of Louallier, the momentary suppression of his cacoethes scribendi, a greater evil than the perma nent conquest of New Orleans? General Jackson's accusers describe the writ of habeas corpus "as the safeguard of individual liberty;" but at the crisis referred to, his power was the safeguard of the liberty of thousands, and individual liberty was not to endanger so great a stake. He who brought it into collision with this great object, acted like a bitter foe to his country, and was no more entitled to respect, than he would have been, had he on the 8th of January interposed his person between the American riflemen and the enemy, and insisted on the former not firing for fear of taking his life. The truth is, the judge, the citizen, the army, and the people, were all embarked in the same vessel and in the same storm. Measures, proper for the defence of all, were by the law of necessity obligatory on all-and the pilot to whose vigorous arm the helm was consigned, would have been guilty of both crime and folly, had he relinquished it merely because land was in sight. This General Jackson would not do, and his patriotic firmness has excited the lasting gratitude of the American people. The sentiments are the reverse of this which the same peo