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wretch, who was meditating his evening's amusement, first gave orders to cut off their retreat, and then began his attack in front. Instead of four doors, the hunted wretches had all to fly to one-choked the pasage and were slaughtered there. Others were hunted singly about the yard, and wantonly butcher ed by the bayonet or bullet. It was also proved, that captain S. had hold of one of the muskets, in conjunction with a soldier, in the commencement of the firing.

More prisoners arrived.-The cartel ship Brunswick, with 438 prisoners, has just arrived.

The London Packet, of May 1st, says, that in con-
sequence of the late affray at Dartmoor, orders have
been given for the embarkation of all the American
prisoners, without waiting for the arrival of vessels
from the United States.

To the editors of the Commercial Advertiser.
NEW YORK, June 10.

As I conceive it will be a gratification to the ci"Mr. Beasley, the American agent, was immedi- tizens of the United States to know the parti ately made acquainted with all the particulars herein culars of the distressing event which took place at stated, upon which an investigation of the subject Dartmoor prison on the 6th of April last, I send you took place at Plymouth, under the direction of Mr. a copy of the original report, made by the commitB. attended by Mr. Williams and other agents, and tee appointed by the prisoners to investigate the affurther depositions were to be taken previous to the fair, and beg you will give it a publication as early as possible. I am, sir, your obedient servant, prisoners leaving England," &c.

Names of those killed and wounded on the 6th of April, with their abodes, agreeable to their protections, and the vessels they belonged to, &c.

HENRY ALLEN.

We the undersigned, being each severally sworn

John Washington, Copstown, Md. Rolla, of Baltimore, shot on the Holy Evangelist of Almighty God, for the inthrough the brain; Joseph Johnson, Hartford, Conn. Paul Jones, vestigation of the circumstances attending the late New-York, shot through the heart; James Man, Boston, Siro, of horrid massacre, and having heard the deposition New-York, do; James Campbell, New-York, dismissed from the

Volunteer man of war, in the brain; John Haywood, Centwall, Md. of a great number of witnesses from our own perdo. Scypion do. right side; Thomas Jackson, boy, aged 13, New-sonal knowledge, and from the depositions given in as aforesaid, York, ship Orbit, New-York, in the belly; William Liturage, NewYork, Saratoga, do. in the heart.

Those dog ro sly wounded, with those ampu tated, &c.

REPORT AS FOLLOWS:

That on the 6th of April, about 6 o'clock in the

Peter Wilson, New-York, Virginia Planter in the hand, &c.; Caleb evening, when the prisoners were all quiet mn their Codden, Swiftsure man of war, in the leg, James Trumbull, Port-respective yards, it being about the usual time of land, Eldrige Gerry, left arm aimputated; James Bell, Philadelphia,

Joel Barlow, in the wrist and thigh; Philip Ford, do. Sultan man of turning in for the night, and the greater part of the war, five stabs in the body; Thos. Smith, New-York, Paul Jones, left prisoners being then in the prisons, the alarm bell leg amputated; Win. Blake, Brunswick, Me. Repulse man of war, was rung, and many of the prisoners ran up to the three stabs in the back; Edw. W. Banks, Portsmouth, N. H. Royal market square to learn the occasion of the alarm.William, do. do.; Frederick Howard, Rochester, Mass. Flash, NewBedford, in the leg, James Wells, Salem, Thorn, Marblehead, left There were then drawn up in the square, several thigh amputated; Ephraim Lincols, Boston, Argus, Boston, in the hundred soldiers, with captain Shortland [the agent] thigh; Henry Montcal n, Roxbury, Governor Tompkins, in the knee; Robert Willet, of Portland, Andromache man of war, in the at their head, it was likewise observed at the same kuee; Janes Newman, Baltimore, impressed, dangerously; Alex. time, that additional numbers of soldiers were post-. Peterson, New-York, Erin, Boston; Joseph Musick, Charleston,

Furious man of war; Peter Vincen, New-York; Robert Fidiz, Bath, ing themselves on the walls round the prison yards. Me. Grand Turk; John Willett, Philadelphia, Rosario man of war, One of them observed to the prisoners, that they fractured jaw; William Pinn, Virginia, do.; John Guire, Boston, had better go into the prisons, for they would be Rambler, thigh amputated; Thomas Finley, Marblehead, Enter

prize, in the thigh and back; John Peach, do, do, in the thigh; charged upon directly. This, of course, occasioned Pain Perry, New-Yarmouth, Me. Tyger man of war, right shoulder; considerable alarm among them. In this moment of Wm. Appleby, New-York, Magdalen right hand and arm; C. Gar uncertainty, they were running in different direcrison, Baltimore, Inviacible, head and thigh; John Oglebits, PhiJadelphia, Good Friends, hip and thigh; John Gray, Norfolk, Paul tions enquiring the cause of the alarm--some towards Jones, left arm amputated; John Wilson, Virginia, thigh; Stephen their respective prisons and some towards the mar Thipps, Old Concord, Zebra, thigh and belly; William Lamb, ket square. When about one hundred were collectthrough the eye, since dead; Edwin Gardner, Marblehead, wrist; Jacob Davis, in the thigh; James Israel do; John Roberts, dan ed in the square, captain Shortland ordered the sol gerously; George Cambloy, do.; Michael Frances, in the arm; diers to charge upon them, which order the soldiers were reluctant in obeying, as the prisoners were Michael Conner, do.; Liversage, New-York, Magdalen, New-York, left thumb amputated. Slightly wounded John Serry, Nathaniel Wakefield, Samuel E. using no violence; but on the order being repeated, Tyler, Stephen Vincent, Greenlow, Thomas George, Joseph they made a charge, and the prisoners retreated out Hendrick, Perry Richardson, John Cowall, Alexander Wilson, William Smith, James Barter, James Wedgewood, James Mat- of the square into their prison yards, and shut the thews, John Murray, Wm. Marshall, Thomas Johnson, Joseph gates after them. Captain Shortland, himself, openReeves, James Christie, Joseph Bassell.

Further particulars-from the same.

ed the gates, and ordered the soldiers to fire in among the prisoners, who were all retreating in difBy the cartel A iel, upwards of 340 more Ame- ferent directions towards their respective prisons.-rican prisoners have returned from England, after a It appears there was some hesitation in the minds of long and unnecessary detention, which they impute the officers, whether or not it was proper to fire upto Mr. Beasley, the United States agent. They re- on the prisoners in that situation; on which Shortport that 13 of the prisoners shot by the British land seized a musket out of the hands of a soldier, guard were dead when they left Plymouth. They which he fired. Immediately after, the fire became have but a single sentiment of the wantonness and general, and many of the prisoners were either killed barbarity of the slaughter of their countrymen. or wounded. The remainder were endeavoring to In the ship a flag was suspended, representing the get into the prisons when going towards the lower massacre, by mourning figures, coffins, &c. over doors, the soldiers on the walls commenced firing on which is, "Columbia, weep!" and at the foot of the them from that quarter, which killed some and wounded others. After much difficulty, [all the picture, "We will not forget." It is strange that the absurd idea of these prisoners doors being closed in the entrance, but one in each "attempting to escape," should be copied without prison] the survivors succeeded in gaining the pri remark from the English treasury prints. Why and sons; immediately after which, parties of soldiers whither, should they wish to fly, without money or came to the doors of Nos. 3 and 4 prisons, and fired means, after the peace was long known. The fact several vollies into them through the windows and of snapping a pistol is equally unknown to the prison-doors, which killed one man in each prison, and se ers-Why should they have fire arms in their prison? 'verely wounded others.

It likewise appears, that the preceding butchery [through the prison windows, upon unarmed prisonwas followed up with a disposition of peculiar inve-ers asleep in their hammocks, on account of a light teracy and barbarity. being seen in the prisons; which barbarous act was One man who was severely wounded in No. 7 pri-repeated several nights successively. That murder son yard, and being unable to make his way to the was not then committed, was owing to an overruling prison, was come up with by the soldiers, whom he Providence alone; for the balls were picked up in implored for mercy, but in vain, five of the harden- the prison, where they passed through the hamad wretches immediately levelled their pieces at him, mocks of men then asleep in them. He having also and shot him dead on the spot. The soldiers who ordered the soldiers to fire upon the prisoners in the were posted on the walls, manifested equal cruelty, yard of No. 7 prison, because they would not deliby keeping up a constant fire on every prisoner they ver up to him a man who had escaped from his cachof, could set in the yards endeavoring to get in the pri- which order the commanding officer of the soldiers son, when their numbers were very few, and when refused to obey; and generally, he having seized on not the least shadow of resistance could be made or every light pretext to injure the prisoners, by stop. expected. Several of them had got into No. 6 pri- ping their marketing for ten days repeatedly, and son cook-house, which was pointed out by the sol-once a third part of their provision for the same diers on the walls, to those who were marching in length of time. from the square-they immediately went up and fir ed into the same, which wounded several-one of the prisoners ran out with the intention of gaining his prison, but was killed before he reached the door.

Secondly-He having been heard to say, when the boys had picked the hole in the wall, and some time before the alarm bell rung, while all the prisoners were quiet as usual in the respective yards-"I'll fix the damn'd rascals directly.”

On an impartial consideration,of all the circumstances of the case, we are induced to believe that it Thirdly-His having all the soldiers on their posts, was a premediated scheme in the mind of captain and the garrison, fully prepared before the alarm Shortland, for reasons which we will now proceed bell wrung. It could not then, of course, be rung to give as an illucidation of its origin we will re-to assemble the soldiers, but to alarm the prisoners, cur back to an event which happened some days and create confusion among them. previous. Captain Shortland was at the time absent at Plymouth, but before going he ordered the contractor or his clerk, to serve out one pound of indifferent hard bread, instead of one pound and an half of soft bread, their usual allowance-this the prisoners refused to receive-they waited all day in expectation of their usual allowance being served out, but at sun-set, finding this would not be the case, burst open the lower gates, and went up to the store, demanding to have their bread.

Fourthly-The soldiers upon the wall, previous to the alarm bell being rung, informing the prisoners that they would be charged upon directly.

Fifthly-The turnkeys going into the yards and closing all the doors but one in each prison, while the attention of the prisoners was attracted by the alarm bell. This was done about fifteen minutes sooner than usual, and without informing the prisoners it was time to shut up. It was ever the invariaThe officers of the garrison, on being alarmed, ble practice of the turnkeys, from which they never deviated before that night, when coming into the and informed of these proceedings, observed it was no more than right the prisoners should have their yard to shut up, to halloo to the prisoners, so loud as usual allowance, and strongly reprobated the con- to be heard throughout the yard, “turn in, turn in!” duct of captain Shortland in withholding it from while on that night it was done so secretly that not them they were accordingly served with their one man in a hundred knew they were shut; and in bread, and quietly returned to their prison-This particular their shutting the door of No. 7 prison, circumstance, with the censures that were thrown on his conduct, reached the ears of Shortland on his return home, and must then have determined on the diabolical plan of seizing the first slight pretext to turn in the military to butcher the prisoners for the gratification of his malice and revenge. It unfortunately happened, that in the afternoon of the 6th of April, some boys who were playing ball in No. 7 yard, knocked their ball over into the barrack yard; on the sentry in that yard refusing to throw it back to them, they picked a hole in the wall to get in after it.

This afforded Shortland his wished for pretext, and he took his measures accordingly; he had all the garrison drawn up in the military walk, additional numbers posted on the walls, and every thing ready prepared, before the alarm bell was rung; this he naturally concluded, would draw the attention of a great number of prisoners towards the gates, to learn the cause of the alarm, while the turnkeys were dispatched into the yards, to lock all the doors but one of each prison, to prevent the prisoners retreating out of the way before he had sufficiently

wreaked his vengeance.

ing

which the prisoners usually go in and out at, [and which was formerly always closed last] and leaving one open in the other end of the prison, which was exposed to a cross-fire from the soldiers on the walls, and which the prisoners had to pass in gaining the prisons.

It appears to us that the foregoing reasons suffi ciently warrant the conclusion we have drawn there from.

We likewise believe, from the depositions of men who were eye-witnesses of a part of Shortland's conduct on the evening of the 6th of April that he was intoxicated with liquor at the time; from his brutality in beating a prisoner then supporting another severely wounded; from the blackguard and abusive language he made use of, and from his having frequently been seen in the same state. His being drunk was of course the means of inflaming his bitter enmity against the prisoners, and no doubt was the cause of the indiscriminate butchery, and of no quarter being shewn.

We here solemnly aver, that there was no preconbe produced the least shadow of a reason or inducecerted plan to attempt breaking out. There cannot

ment for that intention, the prisoners daily expectWhat adds peculiar weight to the belief of its being to be released, and to embark on board cartels a premeditated, determined massacre, are, First-The sanguinary disposition manifested on every occasion by Shortland, he having, prior to this ne, ordered the soldiers to fire into the prisons,

for their native country. And we likewise solemnly assert, that there was no intention of resisting, in any manner, the authority of this depot.

N. B. Seven were killed, thirty dangerously

wounded, and thirty slightly do. Total, sixty-seven, Niagara, lieutenant Woodhouse, and the schooner

killed and wounded.

Signed, I'm. B. Orne,

Wm. Hobart,

James Boggs,

James Adams,
Francis Joseph,

Joseph F. Trobridge,
John Rust,

Henry Allen,

Walter Colton,
Thomas B. Mott,
Committee.

Dartmoor, Prison, April 7, 1815. OUR PEOPLE, detained in the prisons of England, in so unaccountable a manner, and for so great a length of time after the ratification of the treaty, are rapidly returning home. Several cartels have arrived, and we have the names of many that may be daily expected.

These unfortunate men, and the people of the U. S. who have sympathised in their sufferings, have a right to demand the causes that have kept them so long unfairly under a cruel and brutal restraint and confinement.

Porcupine, sailed on Monday last for Detroit. We
understand they are to transport troops from that
place to Mackinaw.

FORT BOWYER, It appears that the British had 13
killed and 24 wounded, in their approaches to Fort
Bowyer.

BRITISH PARLIAMENT, House of Lords, April 17.The earl of Darnley adverted to his motion for papers, on the subject of our failure on the American lakes, and the cause of the mismanagement in that quarter. He complained that these papers had not been produced, as it was important to have the question fully before their lordships, that they might consider how far it might be prudent, in the event of the renewal of the war with America, to place our means of defence and offence in the same incapable hands as before.

Admiralty office, April 15, 1815. Extract of a letter from vice admiral sir Alexander Cochrane. G. C. B. &c. to John Wilson Crocker, esq-dated on board H. M. ship Tonnant, off Mobile bay, the 11th February, 1815.

Lord Melville said, that some of the papers were such as, to the noble earl's knowledge, must be proINDIAN MURDERS. The house of Mr. Robert Ram-cured from Kingston, on Lake Ontario, and he ought say, of St. Charles county, Missouri territory, about not to be surprised if some time were to elapse 50 miles from St. Louis, was recently attacked by before they came. the British allies-three of his children were horribly butchered, his wife so mangled as to leave no hope of her recovery, and he himself dangerously wounded. Hard the necessity that may compel the extermination of these miserable beings excited to murder by the nation that has been impudently called the "Bulwark of religion." We trust, decisive measures will be taken to give security to our frontiers. It is probable that, as in 1794, many Englishmen are among the savages exciting them to these horrid deeds. If any such are found, they ought to be capitally punished on the spot without mercy.

It being the intention of major general Lambert and myself to have attacked Mobile, and finding the entrance into the bay so guarded by fort Bowyer as to render it unsafe to attempt forcing a passage with the smaller ships of war, the major general and myself thought it advisable to attack the fort by land; and on the 7th a detachment of ships under A letter from the honorable Benjamin Parke to the command of captain Ricketts of the Vengeur, governor Posey, gives us strong reasons to believe effected a landing of the troops intended for this that the British are concerned in the continuation of service about three miles to the eastward of the the Indian murders. Their agents, it seems, have fort, which was immediately invested, and our been telling the deluded wretches that peace is not trenches, in the course of 48 hours, pushed to within yet made between the United States and Great Bri- pistol shot of the enemy's works. fain! For the honor of human nature we hope this is not true.

The batteries being completed on the 11th, the fort was summoned, when the officer commanding it, INDIAN HOSTILITY. Again has the policy of Eng-seeing the impossibility of effecting any good by land, involved the Creek Indians in a quarrel with further resistance, agreed to surrender upon the the United States-and these wretches, who after terms proposed to him by maj. gen. Lambert (a copy being supported by our government, when they of the capitulation is enclosed) and on the followotherwise must inevitably have starved, are pouring ing day the garrison, consisting of about 365 solout the cup of their ingratitude on the peaceful ci-diers of the enemy's second regt. of infantry and tizens of our country. By a gentleman recently artillery, marched out and grounded their arms, from the agency we learn, that they had driven and were embarked on board the ships of the squadback the commissioners who were proceeding to ron. The fort was found to be in a complete state of run the line-driven off the settlers on the Alabama, declared that all travelling through their conntry repair, having 22 guns mounted, and being amply by white persons should be put a stop to, and declar-provided with ammunition. To captain Ricketts, ed that their boundaries should remain as they were and to the hon. captain Spencer, who commanded in 1811. This resolution of the Indians, we under the seamen, landed with the army, I am indebted stand, was taken in consequence of a declaration of for their zeal and exertions in landing and transport colonel Nicolls, on the Apilachicola, that the British ing the cannon and supplies, by which the fort was government would guarantee to the Creek Indians, so speedily reduced. as their allies, all their possessions as they existed 1811.- -Augusta Mirror, May 29.

[Here follows the articles of capitulation.] JUSTICE-We have been favored with the loan of a file of Bermuda papers to the 4th ult. received via

N. W. POSTS-From a late Oaio paper-By lieut. Patterson, just from Detroit, we learn that some Savannah. In the paper of the 31, we observe a correspondifficulty had arisen with regard to the reciprocal surrender of the forts of Mackinaw and Milden.-dence between his excellency the governor of those Our troops still held Malden on account that the islands, and Mr. Ward, the editor of the Royal Indians were not willing to let us have possession of Gazette, which closes on the part of the governor Mackinaw. The British, it is alledged, were afraid by withdrawing from that paper its title of Royal of the Indians, and had deluded them with the idea Gazette, and from Mr. Ward the office of his mathat the Americans would hold Mackinaw for a jesty's printer in those islands. His excellency apmonth only, and then it would be given up to them. pears to have been determined in this course by the In consequence of this there was a considerable force pertinacious adherence of Mr. Ward to a false state. of Indians collected at Mackinaw and in the vicinity.ment published in his paper, of the circumstances MICHILIMACKINAC-Erie, May 31-The U. S, brig/ attending the capture of the United States frigate

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President; which statement was at first corrected by, Stoudinger, the engineer (the successor to Mr. Fulhim, at the instance of the governor, but afterwards ton) and captain Smith, the inspector, were also in re-asserted and adhered to." "His excellency deem- the vessel. A number of scientific and distinguished ing it to be equally inconsistent with the honor of gentlemen gave their attendance. The wharves were the British nation, and the character of the British crowded with citizens, anxious to know the result. press, to admit of a publication being honored with the support of his majesty's name, or its editor with the commission of his majesty's printer, that prefers the wanton perseverance in error to the honorable retraction of a mis-statement."-Charleston Courier.

GENERAL BROWN. In maj. gen. Brown's general orders on assuming the command of the North (says the National Intelligencer) we find the following strong appeal to the pride and honor of the officers retained:

"The mj. general conceives it unnecessary to appeal to the zeal and exertion of the officers who have been selected to command, in the corps which are now to be organized and arranged. He expects, by every one's devotion to duty without exception, until the consolidation is effected, it will be shewn that there is not an officer, who does not belong to the class of those, at least, who are at the present moment efficient for the service of their country;and, he hopes, that the worth and merit of the many who are disbanded, will be a sufficient excitement in those who are the choice of the government, to prove themselves worthy of being continued."

To this we may be permitted to add, that within one year, after the selection which has been made, we ought to be able to boast of the most efficient army for its numbers, that the world has ever seen. There never perhaps was a more effective military force brought into action, than that which General Brown had the honor to command during the last campaign.

GEN. JACKSON arrived at Nashville (Ten.) on the 15th ult. and was welcomed with that burst of gratitude his services deserved.

NEW YORK, June 8. We understand that general Macomb, the hero of Plattsburg, with a view to evince his esteem and respect for his brother officers now in this city, gave a sumptuous entertainment yesterday at the city hotel, which was attended, in addition to the military, by a number of our most respectable citizens.

BRITISH IMPUDEVCR-Lloyd's list says: London, March, 31-Letters from China state that the Doris frigate, while in chase of an American ship on the coast of China, fired several shot, one of which unfortunately reached the shore, and killed six Chinese. [This (says the Aurora agrees with their gunnery any thing but the object.]

She proceeded majestically into the river, though a tiff breeze from the south blew directly ahead. She stemmed the current with perfect case, as the tide and a strong ebb. She sailed by the forts and saluted them with her 32 pound guns. Her speed was equal to the most sanguine expectation. She exhibited a novel and sublime spectacle to an admiring people. The intention of the commissioners being solely to try her enginery, no use was made of her sails.

It is now ascertained, by actual experiment, that this grand invention, in war, and the arts, will realise all the hopes of its warmest friends. Our govenment may be proud that the trial has been made under their auspices. Our enemies may tremble at the tremendous power thus arrayed against them. Every harbor in the United States has now the means of protecting itself against a stronger maritime force. All the ports of the weaker European nations may, henceforward, secure themselves against the attacks of their foes, how formid ble soever at sea,

After navigating the bay, and receiving a visit from the officers of the French ship of war, lying at her anchors, the steam frigate came to near the Powles-hook ferry, about two o'clock, without having experienced a single unpleasant occurrence.

The Columbian speaking of the steam-frigate observes-We are satisfied with her performance yes-, terday. Six castles of 80 guns each would not be so serviceable to this harbor. One such vessel, stationed at New-London, would have kept Long Island Sound clear of the enemy during the late war. And twenty moving batteries of her force would cross the straits of Dover in a calm in spite of all the navy of England. She was tried with, against, and across, the wind and tide, together and separately, and answers every expectation of a first essay of her machinery.

From the Louisianna Gazzette, April 15.

A NOTE TO GENERAL JACKSON'S ANSWER. JUDGE HALL

Has seen in a late paper a publication called, "Answer of major general Jackson," and has observed much art exerted to divert the public attention from the outrage which he committed against the laws, and to direct it elsewhere. The distinct charge against general Jackson was, that while the judge of the United States was exercising one of the most important functions of his office, he was imprisoned by order of the general-that the process of the court was treated with disrespect, that the officers of the court were menaced-and finally that by th eats and violence the course of justice was obstructed. In answer to this the general talks of muFULTON THE FIRST. From the (NF.) National tiny and desertion in his camp, of the judge's having Advocate of June 2. Yesterday was a very auspicious once approved of martial law, and of his having day for the United States. The experiment of mov-manifested apprehensions of the fate of the couning the new vessel of war by means of steam, has try, disgraceful to himself and injurious to the state, been made in a successful and highly satisfactory while on his route to Bayou Sarah.

London, April 6-The honorable captain W. H. Percy and the surviving officers and crew of his majesty's ship Hermes, have been honorably acquitted by a court martial, held on the 18th of January last, on board the Cydnus, in the gulf of Mexico, of all blame in the loss of that ship, which followed the attack of fort Bowyer.

manner.

At ten o'clock in the morning, the Fulton was propelled, by her own steam and machinery, from her moorings, at the wharf, near the Brooklyn ferry, on the east side of the city. HENRY RUTGERS, SAMUEL L. MITCHILL, THOMAS MORRIS, and OLIVER WOL Corr, esquires, the commissioners of the navy department to superintend her construction, were on board. Mr. Brown, the naval constructor, Mr.

Why was not this language used before the 5th of March, the day on which the judge made the order that a habeas corpus shall issue in the case of Mr. Louaillier? Judge Hall had been four weeks in town before that period; he conversed with general Jackson at the funeral of Mr. Bufort, and was cordially received by him; he was till that day almost constantly visited by the intimate friends of the general. Who heard before that day of a charge of ex

eiting mutiny and desertion? Or that judge Hall that he would read it, and then laughingly enquired, had been guilty of a military offence? This is all a "Mr. Marsh 1, is it not past 11 o'clock This hap pretence. It is made apparent by the testimony of pened at 4 or 5 in the afternoon. Who on the night major Winston-major Claiborne, and others, and by of the 5th threatened the clerk with his general orthe evidence of circumstances. Nay, it is establish der? Was not general Jackson's conduct calculated ed beyond all doubt by the answer of the general to inspire terror and dismay, and to cause delay ?— himself on oath. This answer goes to shew that it Yet he speaks of the "lateness of the service!" Gewas the issuing of the habeas corpus that constituted neral Jacksont did not intend to obey any writ of the judges offence. Judge Hall was arrested four habeas corpus, and all this cant of the judge's excithours before general Jackson had seen the original ing mutiny and desertion was a mere pretext under petition, which he afterwards withheld from the which he might put down the judicial authority of clerk and before he had made the wonderful disco- his country, and excuse his other outrageous and ilvery that the figure 5 had been turned into a 6.-legal proceedings. Did he not arrest the district atThe general in his answer, observes that "this alte-torney for applying for a writ of habeas corpus to ratin in the date was such evidence of a personal, effect the liberation of judge Hall? Was not an or not judicial, interference as justified the idea he then der actually delivered to an officer to arrest judge formed that the judge approved of Louaillier's con- Lewis for having granted it?-Had judge Lewis exduct, and supported his attempt to excite mutiny cited mutiny and desertion? Had Mr. Dick been and desertion." But how could this discovery, seditious in the camp? They were both on the lines, mide at 12 o'clock on Sunday night, have influenced and the former was particularly noticed for his good the general in his arrest of the judge at 8 the same conduct in the general order. The latter no doubt evening? And yet at that time he was arrested, and was as brave and as capable, though in a less disshortly afterwards committed to the barracks. It tinguished situation. must again be repeated that it was the issuing of the

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Пlow dignified and consistent is this conduct of habeas corpus that made the judge a criminal. On general Jackson! How magnanimous in this hero the afternoon of the 5th the general was informed who had just beaten the legions of England, to reby Mr Morel, the counsel of Mr. Louaillier, that sort to such pretences to beat down the law and its the order for a habeas corpus was made returnable unprotected minister the judge! How faithful to On the evening of the constitution, to destroy the judicial power which on the next day at 11 o'clock. that day judge Hall was arrested. On that evening his oath and his duty imposed on him an obligation the general informed the marshal he had "shopped" to support!!! Had general Jackson confined himself to the pubthe judge and would serve every man so who should interfere with his camp-on the same evening the lication of a paper which he calls his answer, judge general threatened major Claiborne with his military Hall would have preserved that silence which beorder, saying at the same time "he had no prejudice comes his official situation; but the general has Major Winston says that ge-made personal allusions which ought to be noticed. against the judge. neral Jackson did not intend to pay any attention to It is said in his introductory remarks, that even the writ. Mr. Duplesses states that from the whole judge Hall, although he now expresses his disaptenor of the conversation which he had with the ge-probation of martial law, did not only approve of it neral, a disposition was manifested by him to disre-when first declared, but openly asserted that short gard it. The general himself says in his answer, "a of the exercise of all the rigor incident thereto, the writ of habeas corpus was directed to be issued for country would certainly be lost. Judge Hall does Louallier's enlargement-the civil magistrate seem- not recollect that general Jackson did him the hoed to think it his duty to force the enjoyment of cior to consult him on the subject of establishing vil rights-an unbending sense of what he seemed to martial law, nor does he believe that he was present think the conduct which his station required, might when the measure was decided on. Judge Hall rehave induced him to order the liberation of the pri- collects to have had the pleasure of meeting gener soner. No other course remained but to enforce the a Jackson but three times before the judge left the principles which he had laid down for his guide, and city on the 4th of January. The first time was on to suspend the exercise of judicial power when it inter- the occasion of all the judges making their compli The only ments to the general on his arrival-the second at fered with the necessary means of defence way effectually to do this was to place the judge in colonel Ross's at a card party and supper-and the a situation in which his interference could not coun- third on a visit of two or three minutes thead-quanteract the measures of defence, or give countenance ters, when the judge took the liberty of asking the to the mutinous disposition that had shewn itself in general's opinion whether he should become a memso alarming a degree" "Merely to have disobeyed ber of any city corps, and was answered, no, no, the writ would have but increased the evil: and to sir, you are a judgs.—Judge Hall's recollection may have obeyed it was wholly repugnant to the respondent's be incorrect. The general says the subject of deideas of the public safety and to his own sense of dryclaring martial law was discussed in his (the judge's) -the "JUDGE" was therefore confined, and removed presence and that he seemed by his gestures and beyond the lines of defence." Here then is an ex-silence to approve of it-it is possible that it was 80, press avowal that the judge was his object, and not, but the judge is confident that if this tacit approvas he asserted in open court (with what propriety al was ever given, that it could not have been an apthe world will judge) the individual Dominick Au-proval of martial law, as was anciently practised in gustin Hall. His object was to "suspend the exer some military despotisms. Judge Hall has no discise of judicial power." With equal propriety and tinct recollection of any particular expressions used consistency does general Jackson state in his 9th ex by him at any time in relation to martial law: he well ception, "that the writ was served after the return remembers that he had the highest confidence in thereof, by reason whereof he could not comply with general Jackson, admired the energy of his charac the tenor thereof had he been so disposed." It apter, and presumed that as he was resolute and brave, pears in evidence that when the writ was handed hs would be guided by justice and magnanimity.by the marshal, the general said he did not know But if it be intended to infer that judge Hall ever

*This is fully explained by major Claiborne's affidavit.

tHe told m jor Claiborne that while martial a11 existed, no mau should be above him.

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