MARTIAL LAW DECLARED.

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to sail on the river or the lakes, but by the same authority, or a passport signed by the commander of the naval forces. The lamps were to be extinguished at nine o'clock at night; after which time, all persons found in the streets or from their respective homes, without permission in writing, signed as above, were to be arrested as spies, and detained for examination.

At a crisis so important, and from a persuasion that the country in its menaced situation could not be saved by the exercise of any ordinary powers, he believed it best to adopt a course which would be efficient, even if it partially endangered the rights and privileges of the citizen. He proclaimed martial law, believing that necessity and policy required it, "under a solemn conviction that the country committed to his care could by such a measure alone be saved from utter ruin, and from a religious belief that he was performing the most important and sacred duty. By it he intended to supersede such civil powers as in their operation interfered with those he was obliged to exercise. He thought that at such a moment constitutional forms should be suspended for the preservation of constitutional rights; and that there could be no question whether it were better to depart for a moment from the enjoyment of our dearest privileges, or have them wrested from us for ever.

"In thus placing the defence of this measure upon the highest law of nature and of nations-that of overruling necessity in self-preservation, he stood upon impregnable ground, so far as principle was involved, whatever differences of opinion may exist with regard to the application of the principle, or the existence of

the dire necessity of resorting to a measure so extraordinary."*

A few days after the declaration of martial law, "Judge Hall, by a writ of habeas corpus, undertook to interfere with a military arrest. Jackson forthwith ordered the intermeddling judge beyond his camp. On the return of peace the judge also returned, and resumed his judicial functions, summoning the general to appear and answer for this alleged contempt. Jackson appeared; and his counsel, when they would have argued his defence, were silenced by the judge, who proceeded to impose upon the general a fine of one thousand dollars. This act was most deeply resented by the people of New Orleans, who filled the court, and whose enthusiasm for the saviour of their city knew no bounds. But General Jackson restrained and rebuked their fervour, declaring his cheerful submission to the law, and giving them to understand that the same arm which had saved the city should be raised, if needful, to protect the court. The citizens, indignant at this act of judicial revenge, were nevertheless withheld from violence."+

"The ladies of New Orleans raised the money to discharge the fine; but the general declined receiving it, and requested that it might be distributed among the widows and orphans of those who had fallen in the battle.

"Jackson foresaw the day-too long delayedbut which came at last, when twenty millions of freemen, speaking through the national congress, should

* Lewis's Eulogy.

+ Bolles's Eulogy.

LANDING OF THE BRITISH.

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vindicate the rectitude of his conduct, and declare to mankind that America does not willingly allow her valiant defenders to be fined and reproached for effecting their country's salvation."*

But to return from the defence of the general to the defence of the city. The gun-boats having been captured, and the enemy having entire command of the lakes, it was obvious to General Jackson that it would be useless to attempt to oppose his landing. He knew that success depended on a prompt defensive movement-his only hope rested on a successful attack to be made on the invading army the moment they landed. In answer to an express from General Carroll, whose division had been delayed on its way to New Orleans, he said, "I am resolved, feeble as my force is, to assail the enemy on his first landing, and perish sooner than he shall reach the city." This determination, thus nobly expressed, was promptly executed.

On the morning of the 23d of December, guided by some Spanish fishermen, the enemy effected a landing at the junction of the Bayou Bienvenu and Lake Borgne, and surprising the small guard posted there, hastened forward to the bank of the Mississippi, which they reached about nine miles below the city. There they were discovered about noon by Majors Tatum and Latour, who immediately reported their discovery to General Jackson. Resolving that night to meet the invaders, Jackson made every preparation to act. The signal guns were fired, and expresses

Bolles's Eulogy.

sent forward to concentrate the forces. Although encamped four miles above, Generals Coffee and Carroll arrived in the city in less than two hours after the order had been issued. These forces, with the 7th and 44th regiments, the Louisiana troops, and Colonel Hinds' dragoons, constituted the strength of his army, which could be carried into action against an enemy whose numbers at this time could only be conjectured. Uncertain of the enemy's movements, it was thought advisable to leave Carroll and his division, and Governor Claiborne with the state militia behind, to take post on the Gentilly road leading from Chef-Menteur to New Orleans, lest the landing below should be only a feint intended to conceal a real attack from the upper part of Lake Borgne.

Alarm pervaded the city. The marching and countermarching of the troops-the proximity of the enemy-with the approaching contest, and uncertainty of the issue, had excited a general fear. Colonel