"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.'