USA > Louisiana > The history of Louisiana : from the earliest period, Volume II > Part 23
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On the thirteenth, the sum of seventeen thousand dollars, the remaining part of twenty thousand, which Claiborne had borrowed during the recess of the legis- lature, for the defence of the country, on account of the state, was directed to be applied, under the orders of Jackson, in procuring materials and workmen for the completion of such batteries and other fortifi- cations as he had directed, and a further sum of eleven thousand dollars was appropriated to the same object.
Claiborne was at the same time requested to re- commend it to the planters of the parish of Orleans and the neighbouring ones, to place immediately as many of their working hands as they could spare at the disposal of Jackson, to be employed on these fortifications-a requisition which was complied with so generally, that more hands were sent than could be employed.
At the suggestion of Patterson and Jackson, Clai- borne proposed to the legislature, on the following day, the suspension of the writ of habeas corpus, in order to enable the commodore immediately to press hands for the service of the United States, and the general, in case the enemy landed, to apprehend and secure disaffected persons.
Great doubts were entertained by the legislature, whether any person arrested by the commanding offi- cers of the land and naval forces of the United States,
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could be relieved on writs of habeas corpus issued by a state court or judge, and they knew, from the firmness and inflexibility which Hall, the district judge of the United States, had manifested in 1806, that he would not consider himself relieved from the obligation of affording relief to the meanest individual, in whose favor a writ of habeas corpus was applied for, till congress itself decreed a suspension of it. Wilkinson had disregarded the writs of territorial judges, but had not dared to disobey those of Hall, who he knew would not suffer it to be done with im- punity.
Coming from every part of the state, the representa- tives 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 con- stituents could be depended on; they knew that Jackson, Claiborne, and many of the military, were incessantly talking of sedition, disaffection and trea- son; but better acquainted with the people of Louisi- ana. than those who were vociferating against it, they were conscious, that no state was more free from se- dition, 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 recollect- ed that in 1806 Jefferson had made application to congress for a suspension of the writ of habeas cor- pus, but that the recommendation of the president was not deemed sufficient to induce the legislature 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 VOL. II. 44
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during the invasion, and thought they would suspend the writ, when they deemed the times required it, but not till then.
Louaillier, in his report, as chairman of the com- mittee to whom was referred the consideration of sus- pending the writ, in order to enable Patterson to im- press scamen, considered the measure as inexpedient. The committee thought the country would be ill de- fended by men forced into her service-that it was better to induce sailors, by the offer of ample boun- ties, to repair on board of the ships of the United States, than forcibly to drag them on board. A sum of six thousand dollars was therefore placed at the disposal of the commodore, to be expended in boun- ties; 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 mer- chant vessels, an embargo law was passed.
On the requisition of Jackson, Claiborne issued a proclamation for calling out the militia of the state en masse into the service of the United States. His call was obeyed every where with promptness and alac- rity: they were ordered to hold themselves in readi- ness to march at a moment's warning.
On the sixteenth of December, Claiborne sent a message to the legislature, stating that the time was certainly inauspicious for that cool and mature delibe- ration necessary to the formation of good laws-that the enemy menaced the capital, and how soon he . would effect his landing was uncertain-every hand should be raised to repel him, and every moment oc- cupied in arranging and completing means of defence: he therefore suggested the expediency of the houses adjourning for twenty or twenty-five days.
The house of representatives concurred with the report of their committee, who considered an adjourn-
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ment at the present crisis as inexpedient. They thought that it might be highly dangerous: accidents might happen, unforeseen cases might occur, in which the interference of the legislature might be necessary. Should this happen after the adjournment, and the state be thereby endangered, the members should in- cur the just reproaches of their constituents. Should the houses adjourn for the proposed period, few mem- bers would have time to leave the city, and if they did, their milcages would exceed their expenses, if they continued their sitting. The committee there- fore recommended, that the members stay at their post, ready, on any emergency, to contribute, as far as in them lay, to the defence of the country.
The suspension of the writ of habeas corpus, and adjournment of the houses, were measures which Jackson anxiously desired. There was a great in- clination 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.
He now issued a general order, putting the city of New-Orleaus and its environs under strict martial law, and directed that
1. Every individual entering the city, should re- port himself to the adjutant-general's office, and on failure be arrested and held for examination.
2. Nove should be permitted to leave the city or bayou St. John, without a passport from the general or some of his staff.
3. No vessel, boat or craft, should leave the city or bayou St. John, without such a passport, or that of the commodore.
4. The lamps of the city to be extinguished at nine o'clock, after which, every person found in the streets
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or out of his usual place of residence, without a pass or the countersign, to be apprehended as a spy and held for examination.
The proclamation of martial law was' understood in Louisiana, as it is believed to be in the other states, a solemu warning that the martial law of the United States would be strictly enforced. Martial law was known to be that system of legitimate rules by which the martial affairs of the nation are regulated. It was not imagined that the President of the United States himself, as commander in chief of the forces of the union, could add aught to or change these legiti- mate rules; that he could make martial law, any more than fiscal, commercial or criminal law.
'The collection of the rules by which the conduct of the citizens of a nation in time of peace towards . all belligerent nations is regulated, are called the laws of neutrality.
When Washington found that the sympathies of his fellow-citizens with the French nation, might tempt some of them to violate the laws of neutrality, to the injury of the British nation, with which his was at peace, he issued a proclamation, reminding them of their obligations and warning them of the conse- quences those should expose themselves to, who would violate the laws of neutrality. This was not an use- less ceremony. It no doubt had the effect of pre- venting breaches of those laws. In 1806, when a spirit of enterprise seemed likely to delude some of . the citizens of the United States into measures that might involve this country in a war with Spain, Jef- ferson, actuated by the same motives of Washington, issued a proclamation of the laws of neutrality. It was not considered that a proclamation of martial Jaw could add any thing to that law, any more than
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the proclamation of the laws of neutrality by Wash -- ington and Jefferson add to these laws. To enact and to proclaim or impose a law, were thought dis- tinct acts, the first the province of the legislature, the other the exclusive right of the executive power.
That necessity justifies whatever it commands, was admitted as a principle to which every law must bend. That whatever measure became necessary to the defence of the country, might be legitimately en- forced, was admitted, and we have seen that the at- torney-general had given out as his opinion to Clai- borne, that the governor of a place, in time of war, might send out of the country a person attempting any thing which might afford aid to the enemy. This principle was known to result from martial law, which justifies whatever circumstances require for the defence of the country or to annoy the foc. It was known to be independent of the proclamation of martial law, which was thought to add nothing to the authority of the officer who made it -- to render any thing whatever lawful or unlawful, that was other- wise before.
Such were the ideas entertained by the general government of martial law. "In the United States," said the secretary of war (Dallas) in a communication to Jackson, of the first of July, 1815, "there exists no authority to declare or impose martial law. beyond the positive sanction of the act of congress. To main- tain the discipline and ensure the safety of his camp, an American commander possesses indeed highly im- portant powers: but all these are compatible with the rights of the citizen, and the independence of the judicial authority."
A number of individuals who had heretofore join- ed, or been concerned with the privateers lately re-
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sorting to Barataria, were deterred from entering into the service of the United States; by the apprehension of prosecutions. With the view of quieting their fears, the legislature, on the seventeenth, entered into resolutions requesting Jackson to endeavour to pro- cure an amnesty, in favour of such of them as should enlist themselves to serve during the war, and ear- nestly recommended it to the President of the United States, to grant them a full pardon. The governor was at the same time desired to endeavour to prevail on the attorney of the United States, with the leave of the court, to enter nolle prosequis on all prosecu- tions against such persons then under confinement, on the above condition. This measure was adopted, because it was represented to the houses that Jackson was anxious for it. A number of members had strong objections to it, deeming it improper to accept the services of persons of this description. Claiborne having issued a proclamation, to make the intention of the legislature in this respect known, a considera- ble number of these people came in, and were en- rolled.
The crisis obliging every one to take up arms, to quit their homes and abandon their private affairs, in a manner that exposed many to great inconvenience, the legislature passed an act forbidding the protest of any bill or note till the expiration of four months, and forbade during the same period the institution of any suit.
On the nineteenth general Carrol, with a brigade of the militia of the state of Tennessee, consisting of twenty-five hundred men, arrived, and on the follow- ing day he was joined by general Coffee and twelve hundred riflemen from the same state.
The legislature, on the motion of Louaillier, ap- pointed a committee, at whose disposal they placed
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a sum of two thousand dollars, for the relief of the militia of the state, seafaring men and persons of co- lour, in the service of the United States. The com- mittee were instructed to invite their fellow-citizens to make donations of woollen clothes, blankets, and such other articles as, in case of an attack, might be useful to the sick.
At this period the forces at New-Orleans amounted to between six and seven thousand men. Every in- dividual exempted from militia duty, on account of age, had joined one of the companies of veterans, which had been formed for the preservation of order. Every class of society was animated with the most ardent zeal: the young, the old, women, children, all breathed defiance to the enemy, firmly disposed to oppose to the utmost the threatened invasion. There were in the city a very great number of French sub- jects, who from their national character could not have been compelled to perform military duty: these men, however, with hardly any exception, volunteer- ed their services. The chevalier de Tousac, the con- sul of France, who had distinguished himself and had lost an arm in the service of the United States, during the revolutionary war, lamenting that the neu- trality of his nation did not allow him to lead his countrymen in New-Orleans to the field, encouraged them to flock to Jackson's standard. The people were preparing for battle as cheerfully as if for a party of pleasure: the streets resounded with martial airs: the several corps of militia were constantly ex- ercising, from morning to night: every bosom glowed with the feelings of national honor: every thing shew- ed nothing was to be apprehended from disaffection, disloyalty or treason.
On the twenty-first, major Villere, by order of ma- jor-general Villere, his father, sent a detachment of
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the third regiment of the militia, consisting of eight men and a sergeant, attended by two mulattoes and a negro, to a village of Spanish fishermen, on the left bank of bayou Bienvenu, at the distance of a mile and n. half from its mouth on lake Borgne. The village, in which from thirty to forty fishermen dwelt, was found deserted by them, with the exception of a sick wan. The sergeant sent out a few of his men in a boat, to ascertain whether there was any of the ene- my's shipping near; on the next day, at day-break, another party was sent out for the same purpose, and other parties were frequently out during the day, without discovering any vessel or craft approaching. 'Towards evening, three men arrived from Chef Men- feur, having traversed the lake without seeing any enemy.
A little after midnight, the sentinel below the vil- luge gave the alarm: by the last gleams of the setting moon, five barges full of men, with some artillery, were discovered ascending the bayou. The sergeant judging, from the smallness of his party, it would be imprudent to fire, ordered them to conceal themselves behind one of the cabins. They were, however, dis- covered and taken, except a man, who attempting to escape through the prairies, lost his way, and reached Chef Menteur, after a ramble of three days.
The first division of the British army, composed of about three thousand men, under general Kean. pro- ceeded up the bayou and the canal of Villere's planta- tion: they surrounded the house, in which was a com- pany of militia, whom they made prisoners, and sur- prised major Villere, who, notwithstanding several pistols fired at him, effected his escape, and running to some distance below, crossed the river and reached the city.
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Jackson received the first intelligence of the ene- my's landing at two o'clock, and in half an hour a detachment of artillery, with two field pieces, and a body of marines, were sent in advance. Generals Carrol and Coffee, who were encamped with the force of Tennessee four miles above the city, soon reached it, and at four o'clock the Tennessee rifle- men, Mississippi dragoons and Orleans riflemen took their stations two miles below the city. The battal- ion of men of colour, the forty-fourth regiment, and a battalion of the city militia, soon followed; and com- modore Patterson, on board of the United States' schooner Carolina, floated down towards the enemy.
Claiborne, with two regiments of the state militia, and a company of horse, took a position in the rear of the city, on the Gentilly road, to oppose any force that might come from Chef Menteur.
A negro was apprehended on the levee, a few miles from the city, with a number of copies of a proclamation by Admiral Cochrane and general Keane, inviting the Louisianians to remain quiet in their houses, and assuring them, that their property would be protected, the invaders being at war with the Americans only. As the army proceeded, seve- ral copies of this proclamation were seen stuck up . along the road.
At seven o'clock, the Carolina came to anchor on the bank of Villere's batturc, opposite to the centre of the enemy's encampinent, within musket shot. Such was their security, that taking this vessel for a common craft plying on the river, a number of them came to the levee to examine her more closely. She now began so dreadful a fire, that one hundred of them were killed before the consternation which her salute created subsided. An unsuccessful at-
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'tempt was made to annoy her with a fire of musket- ry; Congreve rockets were resorted to with as little success, and in less than half an hour, the schooner drove the enemy from his camp.
At this moment colonel Piatt drove in one of the enemy's outposts from the main road, opposite to Lacoste's plantation.
In the meanwhile the seventh regiment advanced by heads of companies, to the distance of one hun- dred and fifty yards, where it formed in battalion before the enemy, with whom it instantly engaged, with a very brisk and close fire. The forty-fourth now came up, and forming on the left of the seventh, commenced firing. Two pieces of artillery were put in battery on the road, and the marines drawn up on the right, on the bank of the river. The en- gagement now became general on both sides. The front of the British line greatly outflanking our line on the left, and the enemy seeing he could not make our troops give way, caused some of his to file off on the old levee, by a gate three hundred yards from the river, with the intent to turn our right flank. The forty-fourth had already been obliged to oblique on the left, in order to avoid being flanked, when two bat- talions of the state militia and a few Indians advanc- ed. The enemy's column silently approached in the dark, to turn the troops of the line, fell suddenly almost within pistol shot of the extremity of one of the battalions of militia, and instantly commenced a brisk fire. One of these battalions, forming the centre, advanced in a close column and displayed under the enemy's fire, which was then kept up by his whole front. Already had the enemy been forced to give way, and our troops continued to ad- vance, keeping up a brisk fire, when he began to
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retreat, favoured by darkness, now increased by a . fog and by the smoke, which a light breeze blew in the faces of our men.
In the mean time, Coffee's division had advanced, in order to fall on the enemy's rear, followed by a company of riflemen of the state militia: this com- pany, after having penetrated into the very camp of the enemy and made several prisoners, pushed for- ward to the right, following the movements of Cof- fee, but unfortunately part of them, through a mis- take occasioned by the darkness, fell among a corps of one hundred and fifty British, who were moving on rapidly towards the camp, mistaking them for part of Coffee's division, and were made prisoners. Coffee soon took a position in front of the old levee, where he continued a destructive fire.
At half past nine, the enemy fell back to his camp, where all the troops passed the night under arms and without fire.
Jackson, finding that darkness rendered it use- less to continue the pursuit, led back his troops to their former position.
At about half after eleven, a firing of musketry was heard in the direction of Jumonville's planta- tion, that contiguous to and below Villere's.
A detachment of three hundred and fifty men, of the state drafted militia, had been stationed at the English Turn, under general Morgan. On the first intelligence of the landing of the enemy, these men insisted on being instantly led to oppose him. Mor- gan, being without orders from Jackson, on this head declined gratifying them. But when the fire from the Carolina, and the subsequent discharges of ar- tillery and musketry on shore, announced that the conflict was commenced. the entreaties of the offi-
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cers and men of this detachment became so pressing, that Morgan could no longer resist them. He had reached, at the head of them, the spot at which the road that leads to Terre aux beufs leaves that which runs along the levee, during the hottest part of the action, and continued to advance; preceded by two pickets, the one on the high road, the other in the fields, near the woods. The former, as it approach- ed the bridge of Jumonville's plantation, exchanged a fire with some of the enemy's troops, who instant- ly fell back behind the canal. Darkness preventing Morgan to ascertain the force of the enemy near him, or the relative situation of the two armies, he took a position in a neighboring field, to avoid an am- bush. In a council, to which he called all his offi- cers, it was deemed inexpedient to remain, and the detachment moved back a little before day-light.
The enemy, who had received a reinforcement during the action, had a force of very near five thou- sand men: that which opposed him, was not much above two thousand. His loss exceeded four hun- dred: Jackson had twenty-four men killed, one hun- dred and fifteen wounded, and seventy-five made prisoners.
During the night, whilst anxiety kept the mind of the inhabitants of New-Orleans, who had remained in the city, in painful suspense, on their impending fate, an unfortunate occurrence excited much alarm among them. A report was spread that Jackson, before his departure, had taken measures and given positive orders for blowing up the magazine and setting fire to various parts of the city, in case the British succeeded in forcing his ranks. His con- duct, in this respect, was considered by some, as an evidence of his deeming his defeat a probable
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event. The old inhabitants, who had great confi- dence in the natural obstacles, which the situation of the capital presents to an invading foe, and which they thought insurmountable, if proper attention was bestowed, concluded that it had been neglect- ed: they lamented that the protection of the city had been confided to an utter stranger to the topo- graphy of its environs, and while frequent explo- sions of musketry and artillery reminded them that their sons were facing warlike soldiers, they grieved that the commander was an officer, who, in the beginning of the year had hardly ever met any but an Indian enemy, and whose inexperience appeared demonstrated by the rash step attributed to him. The truth or falsity of the report was sought to be ascertained, by an application to the officer left in command at the city, who declined to admit or de- ny that the steps had been taken, or the order given.
A circumstance tended to present the conflagra- tion of New-Orleans as a more distressing event than that of Moscow. The burning of the houses of several planters, above the city, in 1811, was re- membered, and apprehension had been entertained, that British emissaries would be ready, a short time before the main attack, to induce the slaves towards Baton Rouge or Donaldsonville, to begin the con- flagration of their owners' houses, and march to- wards the city, spreading terror, dismay, fire and slaughter; and a dread prevailed, that Jackson's firing of the city would be taken by them for the signal at which they were to begin the havock- even in case the apprehensions from British emissa- ries were groundless. The idea of thus finding themselves, with their wives, children and old men, driven by the flames of their houses towards a black
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enemy, bringing down devastation, harrowed up the minds of the inhabitants.
Persons, however, who hourly came up from the field of battle, brought from time to time, such in- formation as gradually dispelled these alarms, and in the morning a sense of present safety inspired quite different sensations, and the accounts which were received of Jackson's cold, intrepid and sol- dierlike behaviour, excited universal confidence.
Wilkinson .- Eaton .- Latour .- Archives .- Gazettes.
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THE SEVENTEENTH.
CHAPTER XVII.
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