e 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 gra