formation, nor to obtain implicit belief of all he narrates. We shall here see again that the old practice of shipping off obnoxious individuals was resorted to by a military commander; as if there was something in the climate of New-Orleans to excite men in power to this mode of punishment or revenge. We cannot present these transactions better than in the language of our author.

"On Sunday, the fourteenth, Dr. Erick Bollman was arrested by order of Wilkinson, and hurried to a secret place of confinement, and on the evening of the following day application was made on his behalf, for a writ of habeas corpus, to Sprigg, one of the territorial judges, who declined acting, till he could consult Mathews, who could not then be found. On the sixteenth, the writ was obtained from the superior court; but Bollman was, in the meanwhile, put on board of a vessel and sent down the river. On the same day, application was made to Workman, the judge of the county of Orleans, for a writ of habeas corpus, in favour of Ogden and Swartwout, who had been arrested a few days before, by order of Wilkinson, at Fort Adams, and were on board of a bomb ketch of the United States lying before the city. Workman immediately granted the writ, and called on Claiborne to inquire whether he had assented to Wilkinson's proceedings: Claiborne replied he had consented to the arrest of Bollman, and his mind was not made up as to the propriety of that of Ogden and Swartwout. Workman then expatiated on the illegality and evil tendency of such measures, beseeching Claiborne not to permit them, but to use his own authority, as the constitutional guardian of his fellow-citizens, to protect them; but he was answered that the executive had no authority to liberate those persons, and it was for the judiciary to do it, if they thought fit. Workman added, that he had heard that Wilkinson intended to ship off his prisoners, and if this was permitted, writs of habeas corpus would prove nugatory.

"From the alarm and terror prevalent in the city, the deputy sheriff could procure no boat to take him on board of the ketch, on the day the writ issued. This circumstance was made known early on the next morning, to Workman, who thereupon directed the deputy sheriff to procure a boat by the offer of a considerable sum of money, for the payment of which he undertook the county would be responsible. The writ was served soon afterwards, and returned at five in the evening by Commodore Shaw, and the commanding officer of the ketch, Lieutenant Jones; Swartwout had been taken from the ketch before the service of the writ. Ogden was produced and discharged, as his detention was justified on the order of Wilkinson only.

"On the eighteenth of December, Wilkinson returned the writ of habeas corpus into the superior court, stating that, as commander in chief of the army of the United States, he took on himself all responsibility for the arrest of Erick Bollman, charged with misprison of treason against the government of the United States, and he had adopted measures for his safe delivery to the government of the United States: that it was after several conversations with the governor and one of the judges of the territory, that he had hazarded this step for the national safety, menaced to its basis by a lawless band of traitors, associated under Aaron Burr, whose accomplices were extended from New-York to New-Orleans that no man held in higher reverence the civil authorities of his country, and it was to maintain and perpetuate the holy attributes of the constitution, against the uplifted arm of violence, that he had interposed the force of arms in a moment of the utmost peril, to seize upon Bollman, as he should upon all others, without regard to standing or station, against whom any proof might arise of a participation in the lawless combination.

"This return was, afterwards, amended, by an averment that, at the time of the service of the writ, Bollman was not in the possession or power of the person to whom it was addressed.

"On the following day Ogden was arrested a second time by the commanding officer of a troop of cavalry of the militia of the territory, in the service of the

United States, by whom Alexander was also taken in custody; on the applica tion of Livingston, Workman issued writs of habeas corpus for both prisoners. "Instead of a return, Wilkinson sent a written message to Workman, begging him to accept his return to the superior court, as applicable to the two traitors, who were the subjects of his writs. On this, Livingston procured from the court, a rule that Wilkinson make a further and more explicit return to the writs, or show cause why an attachment should not issue against him.

"Workman now called again on Claiborne, and repeated his observations, and recommended, that Wilkinson should be opposed by force of arms. He stated, that the violent measures of that officer had produced great discontent, alarm, and agitation, in the public mind; and, unless such proceeding were effectually opposed, all confidence in government would be at an end. He urged Claiborne to revoke the order, by which he had placed the Orleans volunteers under Wilkinson's command, and to call out and arm the rest of the militia force, as soon as possible. He stated it as his opinion, that the army would not oppose the civil power, when constitutionally brought forth, or that, if they did, the governor might soon have men enough to render the opposition ineffectual. He added, that, from the laudable conduct of Commodore Shaw and Lieutenant Jones, respecting Ogden, he not only did not apprehend any resistance to the civil authority from the navy, but thought they might be relied on. Similar representations were made to Claiborne by Hall and Mathews; but they were unavailing. "On the twenty-sixth, Wilkinson made a second return to the writ of habeas corpus, stating that the body of neither of the prisoners was in his possession or control. On this, Livingston moved for process of attachment.

"Workman now made an official communication to Claiborne. He began by observing, that the late extraordinary events, which had taken place within the territory, had led to a circumstance, which authorized the renewal, in a formal manner, of the request he had so frequently urged in conversation, that the executive would make use of the constitutional force placed under his command, to maintain the laws, and protect his fellow-citizens against the unexampled tyranny exercised over them.

"He added, it was notorious that the commander in chief of the military forces had, by his own authority, arrested several citizens for civil offences, and had avowed on record, that he had adopted measures to send them out of the territory, openly declaring his determination to usurp the functions of the judiciary, by making himself the only judge of the guilt of the persons he suspected, and asserting in the same manner, and as yet without contradiction, that his measures were taken, after several consultations with the governor.

"He proceeded to state, that writs of habeas corpus had been issued from the court of the county of New-Orleans: on one of them, Ogden had been brought up and discharged, but he had been, however, again arrested, by order of the general, together with an officer of the court, who had aided professionally in procuring his release. The general had, in his return to a subsequent writ, issued on his behalf, referred the court to a return made by him to a former writ of the superior court, and in the further return which he had been ordered to make, he had declared that neither of the prisoners was in his power, possession, or custody; but he had not averred what was requisite, in order to exempt him from the penalty of a contempt of court, that these persons were not in his power, possession, or custody, at the time when the writs were served, and, in consequence of the deficiency, the court had been moved for an attachment. "The judge remarked, that although a common case would not require the step he was taking, yet, he deemed it his duty, before any decisive measure was pursued against a man, who had all the regular force, and in pursuance of the governor's public orders, a great part of that of the territory, at his disposal, to ask whether the executive had the ability to enforce the decrees of the court of the county, and if he had, whether he would deem it expedient to do it, in the present instance, or whether the allegation by which he supported these violent measures was well founded?

"Not only the conduct and power of Wilkinson, said the judge, but various other circumstances, peculiar to our present situation, the alarm excited in the VOL. IX.-No. 17.

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public mind, the description and character of a large part of the population of the country, might render it dangerous, in the highest degree, to adopt the measure usual in ordinary cases, of calling to the aid of the sheriff, the posse comitatus, unless it were done with the assurance of being supported by the governor in an efficient manner.

"The letter concluded by requesting a precise and speedy answer to the preceding inquiries, and an assurance that, if certain of the governor's support, the judge should forthwith punish, as the law directs, the contempt offered to his court on the other hand, should the governor not think it practicable or proper to afford his aid, the court and its officers would no longer remain exposed to the contempt or insults of a man, whom they were unable to punish or resist.

"The legislature met on the twelfth of January. Two days after, General Adair arrived in the city, from Tennessee, and reported he had left Burr at Nashville, on the twenty-second of December, with two flat boats, destined for New-Orleans. In the afternoon of the day of Adair's arrival, the hotel at which he had stopped was invested by one hundred and twenty men, under Lieutenant Colonel Kingsbury, accompanied by one of Wilkinson's aids. Adair was dragged from the dining table, and conducted to head quarters, where he was put in confinement. They beat to arms through the streets; the battalion of the volunteers of Orleans, and a part of the regular troops, paraded through the city, and Workman, Kerr, and Bradford, were arrested and confined. Wilkinson ordered the latter to be released, and the two former were liberated on the following day, on a writ of habeas corpus, issued by the district judge of the United States. Adair was secreted until an opportunity offered to ship him away."

We approach a very interesting portion of our history, in which certain transactions are detailed, with great precision, for some of which General Jackson has obtained, and deserved, a brilliant crown of military glory, and for others has been visited with deep and indignant reproaches; whether justly or not, the reader will decide by the facts of the case.

On the 2d of December 1814, General Jackson reached NewOrleans; and on the next day commenced his operations to put the city in a state of defence against the attack expected to be made upon it. A large naval force of the enemy was off the port of Pensacola; and it was understood that New-Orleans was their object. The force in New-Orleans consisted of seven hundred men of the United States regiments; one thousand state militia, and some sailors and marines. Reinforcements from Tennessee and Kentucky were looked for. It is not to our purpose, and must be unnecessary, to recapitulate all the interesting occurrences which took place at this alarming crisis; all evincing the gallantry and patriotism of our countrymen. In this early stage of the contest, our author, with great warmth and strong testimony, asserts the unshaken fidelity and active efficient attachment of the people of New-Orleans to the government of the United States, and repels with an honest indignation the charges of disaffection and treason which were on various occasions made upon them, to justify the tyrannical violence of certain proceedings against them. He says, "although the population of New-Orleans was composed of individuals of different nations, it was as patriotic as that of any city in the Union."

We believe him most sincerely; and who does not? Can any just and candid man doubt it after a sober perusal of his details, having a particular relation to this question? To suppose that they had any sympathies with the invading foe; any treasonable correspondence with them; any desire for their success; is to calumniate a people as deeply and dearly interested in our independence, as devotedly attached to our institutions, as any portion of the republic. We therefore not only excuse, but applaud, the feelings of resentment with which Judge Martin, himself one of the people of Louisiana, and honoured by her confidence, meets every assertion and insinuation of treachery or disaffection cast upon her. He assures us, that "Claiborne (the governor) was sincerely attached to the government of his country, and the legislature was prepared to call forth and place at Jackson's disposal, all the resources of the state." Again he says, "If some, in the beginning, doubted whether General Jackson's military experience had been of a kind to fit him for this service, his conduct very soon dispelled the doubt."

"The want of an able military chief was sensibly felt, and notwithstanding any division of sentiment on any other subject, the inclination was universal to support Jackson, and he had been hailed on his arrival by all. There were some, indeed, who conceived that the crisis demanded a general of some experience in ordinary warfare; that one whose military career had begun with the current year, and who had never met with any but an Indian force, was ill calculated to meet the warlike enemy who threatened; but all were willing to make a virtue of necessity, and to take their wishes for their opinions, and manifested an unbounded confidence in him. All united in demonstrations of respect and reliance, and every one was ready to give him his support. His immediate and incessant attention to the defence of the country, the care he took to visit every vulnerable point, his unremitted vigilance, and the strict discipline enforced, soon convinced all that he was the man the occasion demanded.”

The general had, however, imbibed strong prejudices against the inhabitants of the city, infused into him by bad advisers who surrounded him.

"Unfortunately he had been surrounded, from the moment of his arrival, by persons from the ranks of the opposition to Claiborne, Hall, and the state government, and it was soon discovered that he had become impressed with the idea, that a great part of the population of Louisiana was disaffected, and the city full of traitors and spies. It appears such were his sentiments as early as the 8th of September; for in a letter of Claiborne, which he since published, the governor joins in the opinion, and writes to him, 'I think with you, that our country is full of spies and traitors.''

The interest we feel to vindicate the people of Louisiana from the suspicions that were long entertained of their loyalty, and may not be yet wholly eradicated, induces us to trouble our readers with further extracts on this subject.

"The legislature was in session, since the beginning of the preceding month. We have seen that Claiborne, at the opening of the session, had offered them his congratulations on the alacrity with which the call of the United States for a body of militia had been met, which, with the detail of the proceedings of that body, is the best refutation of the charges which have been urged against them.

It will show, that in attachment to the Union, in zeal for the defence of the country, in liberality in furnishing the means of it, and in ministering to the wants of their brave fellow-citizens who came down to assist them in repelling the foe, the general assembly of Louisiana does not suffer by a comparison of its conduct with that of any legislative body in the United States. The assertion, that any member of it entertained the silly opinion, that a capitulation, if any became necessary, was to be brought about or effected by the agency of the houses, any more than by that of a court of justice, or the city council of NewOrleans, is absolutely groundless."

A proposition was made by the governor to the legislature, to suspend the writ of habeas corpus, in order that men might be pressed for the service, particularly naval, of the United States : the legislature knew it to be a dangerous measure, and thought it unnecessary.

"Coming from every part of the state, the representatives had witnessed the universal alacrity with which Jackson's requisitions for a quota of the militia of the state had been complied with; they knew their constituents could be de pended on; they knew that Jackson, Claiborne, and many of the military, were incessantly talking of sedition, disaffection, and treason; but better acquainted with the people of Louisiana, than those who were vociferating against it, they were conscious, that no state was more free from sedition, disaffection, and treason, than their own; they thought the state should not outlaw her citizens, when they were rushing to repel the enemy. They dreaded the return of those days, when Wilkinson filled New-Orleans with terror and dismay, arresting and transporting whom he pleased. They recollected that in 1806 Jefferson had made application to congress for a suspension of the writ of habeas corpus, but that the recommendation of the president was not deemed sufficient to induce the legis lature of the Union to suspend it: that of Claiborne, as far as it concerned Jackson, was not therefore acted on. The members had determined not to adjourn during the invasion, and thought they would suspend the writ when they deemed the times required it, but not till then."

That the refusal to put an uncontrouled power over the persons of the citizens, to withdraw from them the protection of the law, did not proceed from an unwillingness to obtain for the service the force required, is made manifest by the substitute adopted. "A sum of five thousand dollars was placed at the disposal of the commodore, to be expended in bounties; and, to remove the opportunity of seamen being tempted to decline entering the service of the United States, by the hope of employment on board of merchant vessels, an embargo was passed."

The general does not seem to have been satisfied with the reasons of the legislature for denying the power he desired, nor with their substitute for it.

"The suspension of the writ of habeas corpus, and adjournment of the houses, were measures which Jackson anxiously desired. There was a great inclination in the members of both houses to gratify him, in every instance in which they could do it with safety in these two only, they were of opinion it would be unsafe to adopt his views."

:

General Carroll, with a brigade of Tennessee militia, arrived on the 19th, and the legislature were indefatigable in preparing for the expected attack.

"At this period the forces at New-Orleans amounted to between six and seven thousand men. Every individual exempted from militia duty on account of