tiny or sedition, in any troop or
company, in the service of the United States, or in any post,
detachment, or guard, shall suffer death, or any other
punishment, as by a court martial shall be inflicted.'
"Hall was not an officer, in the sense of the act of
Congress--he was not a soldier, in the ordinary meaning of that
word; but, according to the jurisprudence of head quarters, the
proclamation of martial law had transformed every inhabitant of
New-Orleans into a soldier, and rendered him punishable under
the articles of war.
"The judge was accordingly arrested in his own house, at nine
o'clock, and confined in the same apartment with Louallier, in
the barracks.
"As soon as this was reported at head quarters, Major Chotard
was despatched to demand from Claiborne, the clerk of the
district court of the United States, the surrender of
Louallier's petition, on the back of which Hall had written the
order for issuing the writ of _habeas corpus_. It has been seen
that there was not any officer of the state government, nor of
the United States, out of the army, who imagined that a
proclamation of martial law gave the general any right, nor
imposed on others any obligation, which did not exist before.
The clerk accordingly answered that there was a rule of court,
which forbade him to part with any original paper lodged in his
office; and he was ignorant of any right, in the commander of
the army, to interfere with the records of the court. He
however was, after much solicitation, prevailed on to take the
document in his pocket, and accompany Chotard to head quarters.
"In the meanwhile, an express from the department of war had
arrived, with the intelligence that the President of the United
States had ratified the treaty, and an exchange of the
ratifications had taken place at Washington, on the 17th of
February, the preceding month. By an accident, which was not
accounted for, a packet had been put into the hands of the
messenger, instead of the one containing the official
information of the exchange of the ratifications. But the man
was bearer of an open order of the postmaster, to all his
deputies on the road, to expedite him with the utmost celerity,
as he carried _information of the recent peace_. He declared he
had han
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