"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 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 New-Orleans; 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 New-Orleans,

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 depended

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 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 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 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 subjects, who from their national

character could not have been compelled to perform military

duty; these men, however, with hardly any exception,

volunteered their services. The Chevalier Tousard, the Consul

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 neutrality 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 exercising, from morning to

night: every bosom glowed with the feelings of national honour:

every thing showed nothing was to be apprehended from

disaffection, disloyalty, or treason."

On the 21st, the enemy landed with a strong force, and a proud one,

confident of an easy victory. They looked upon all the wealth and

comforts of New-Orleans as already their own. The battle that shortly

after ensued, _sought for and won_ by the Americans, can never be

forgotten. The promptitude, decision, and skill, with which General

Jackson took his measures; the bravery with which they were executed;

and the glorious success which crowned the bold attack upon an enemy

greatly superior in numbers, discipline, and experience, will be ranked

among the most gallant achievements of military history. Our author

assures us that the invading army "had a force of very near five

thousand men; that which opposed him was not above two thousand."

Preparations against the grand attack upon the city continued with

unceasing vigilance and labour. The members of the legislature--_the

suspected legislature_--old and young, joined some of the military

corps; but lest their legislative aid might also be required, they

continued their sessions; when a most extraordinary proceeding occurred.

"Every day, towards noon, three or four of the members of each

house, who served among the veterans or on the committees,

attended in their respective halls to effect an adjournment, in

order that, if any circumstance rendered the aid of the

legislature necessary, it might be instantly afforded. On going

for this purpose to the government house, Skipwith, the speaker

of the senate, and two of its members, found a sentinel on the

staircase, who, presenting his bayonet, forbade them to enter

the senate chamber. They quietly retired, and proceeded to the

hall of the sessions of the city council, where an adjournment

took place. The members of the other house, who attended for

the same purpose, were likewise prevented from entering its

hall, and acted like those of the senate."

A committee was appointed to wait upon the general, and inquire into the

reasons of these violent measures against the legislature. The general

gave his reasons, which, in short, were, that he had received

information "that the assembly were about to give up the country to the

enemy." The author goes into a full examination of this charge; and the

refutation of it is entirely satisfactory.

The spirit of defence even entered the walls of the prisons.

"A number of debtors, who had taken the benefit of the acts

establishing the prison bounds, were anxious to join in the

defence of the city, but were apprehensive of exposing their

sureties. On this being represented to the legislature, an act

was passed, extending the prison bounds, until the first of May

following, so as to include Jackson's line."

The last effort of the invader was made by the battle of the 8th of

January, and is described in our book with much effect. Long may it be

read and remembered with an unextinguishable glow of pride and

patriotism! The contest was ended; the foe hastily abandoned our shores,

on which they left nothing but memorials of their defeat and shame, in

the melancholy monuments of their slaughtered companions. Our author

concludes his narrative of these eventful days, with an eloquent tribute

to the general, by whose indefatigable activity and fearless gallantry a

rich and populous city was saved.

"If the vigilance, the activity, and the intrepidity of the

general had been conspicuous during the whole period of the

invasion, his prudence, moderation, and self-denial, on the

departure of the enemy, deserves no less commendation and

admiration. An opportunity was then presented to him of

acquiring laurels by a pursuit, which few, elated as he must

have been by success, could have resisted. But, he nobly

reflected that those who fled from him were mercenaries--those

who surrounded his standard, his fellow-citizens, almost

universally fathers of families;--sound policy, to use his own

expressions, neither required nor authorized him to expose the

lives of his companions in arms, in a useless conflict. He

thought the lives of ten British soldiers would not requite the

loss of one of his men. He had not saved New-Orleans to

sacrifice its inhabitants."

On his return to the city, he was greeted with "tears of gratitude"--why

were they not perpetual? His cruel suspicions; his unjust accusations of

treason and disaffection, were forgotten or forgiven, and no sentiment

remained in the hearts of the people of Louisiana, but admiration of his

conduct in the day of trial, and gratitude for his services; why was not

this perpetual? We shall see.

"By a communication of the 13th of January, from Admiral Cochrane,

Jackson was informed that the Admiral had just received a bulletin from

Jamaica, (a copy of which was enclosed) proclaiming that a treaty of

peace had been signed by the respective plenipotentiaries of Great

Britain and the United States, at Ghent, on the 24th of December. The

despatch did not arrive till the 21st, by way of Balize; but the

intelligence had been brought to the city by one of Jackson's aids, who

had returned from the British fleet with a flag of truce." As in

canvassing the subsequent proceedings of the General at New-Orleans, his

advocates have pretended that he had no information of the peace to

which he ought to have trusted, that point must not be overlooked in our

inquiries. What was the evidence at this period, that is, on the 21st of

January? A communication directly addressed to him, by and under the

name of the British Admiral, with every sanction that honour and good

faith could give it. This communication, so vouched, was accompanied by

a copy of a bulletin which the Admiral declared he had just received

from Jamaica, too distant to have been fabricated there for the

occasion; and all this was confirmed by the intelligence brought by one

of the General's aids from the fleet. Is there any degree of military

caution that would have doubted the truth of this information, _in the

manner and for the purposes_ for which the doubts, real or pretended,

were used by the General? We will not say that he should, on such

intelligence, have exposed himself to an attack from the enemy; that he

should have disbanded his army, or thrown by his guards and defence, as

if the intelligence had been authentic from his own government; but,

assuredly there was that in the information he received, on which a

strong reliance might reasonably and safely have been placed; at least

enough to have suspended military operations _against his own

fellow-citizens_. He must have imputed fraud, falsehood, and forgery, to

an officer, who, although an enemy, was entitled to a more just and

respectful consideration. No usage of modern warfare would have

justified such practices, and therefore they ought not to have been

presumed. With no disposition to "set down aught in malice" against the

General, we cannot refrain from saying, that, whatever he may have found

it convenient to believe or disbelieve, to justify the extravagance of

ungovernable passions inflamed by evil counsellors, in his moments of

sober thoughts, if any such happened to him, he could not reject the

testimony before him, of the termination of the war. He certainly, at

least, thought it worthy to be announced to the people, although he

"forewarned them from being thrown into security by hopes that might be

delusive." This was a prudent caution, and sufficient. "On the 22d, the

gladsome tidings were confirmed, and a _Gazette of Charleston_ was

received, announcing the _ratification of the Treaty_ by the Prince

Regent." We assume then, that on the 22d of January, such intelligence

was received of the Peace at New-Orleans, as might, and should have

satisfied the most sceptical military caution, of its truth, at least to

the extent required for our examination into the General's subsequent

conduct.

It seems that a discontent had arisen, which led to serious

consequences. The _French subjects_ resident at New-Orleans, "had

flocked round Jackson's standard, determined to leave it with the

necessity that called them to it, and not till then." They endured much

privation, toil, and danger; their families also were in a state of

suffering, to whose relief they were anxious to return _after the enemy

had left the state_. A few solicited a discharge; but the General

insisted on their being retained. Some then demanded of the French

consul, certificates of their national character, which were presented

to the General, who countersigned them, and the bearers were permitted

to return home. So many, however, applied for this indulgence, that the

General believed that the consul too easily granted his certificates,

"and considering a compliance with his duty, as evidence of his adhesion

to the enemy, ordered him out of the city."

We now come to a false step, of more importance, made by the General, to

which he was led by that which has overthrown many men placed in

elevated stations. It has been the misfortune and ruin of great men who

were high; and, more frequently so, of high men who were not great;

_weak and evil counsellors_.

"Yielding to the advice of many around him, who were constantly

filling his ears with their clamours about the disloyalty,

disaffection, and treason of the people of Louisiana, and

particularly the state officers and the people of French

origin, Jackson, on the last day of February, issued a general

order, commanding all French subjects, possessed of a

certificate of their national character, subscribed by the

consul of France, and countersigned by the commanding general,

to retire into the interior, to a distance above Baton

Rouge:--a measure, which was stated to have been rendered

indispensable by the frequent applications for discharges. The

names were directed to be taken of all persons of this

description, remaining in the city, after the expiration of

three days.

"Time has shown this to have been a most unfortunate step; and

those by whose suggestions it was taken, soon found themselves

unable to avert from the general the consequences to which it

exposed him. The people against whom it was directed were

loyal--many of them had bled, all had toiled and suffered in

the defence of the state. Need, in many instances, improvidence

in several, had induced the families of these people to part

with the furniture of their houses to supply those immediate

wants, which the absence of the head of the family occasioned.

No exception, no distinction was made. The sympathetic feelings

of every class of inhabitants were enlisted in favour of these

men; they lacked the means of sustaining themselves on the way,

and must have been compelled, on their arrival at Baton Rouge,

then a very insignificant village, to throw themselves on the

charity of the inhabitants. Another consideration rendered the

departure of these men an evil to be dreaded. The apprehension

of the return of the enemy was represented, as having had much

weight with Jackson in issuing his order. Their past conduct

was a sure pledge that, in case of need, their services would

again be re-offered; there were among them a number of

experienced artillery-men; a description of soldiers, which was

not easily to be found among the brave who had come down from

Kentucky, or Tennessee, or even in the army of the United

States. These considerations induced several respectable

citizens to wait on Jackson, for the purpose of endeavouring to

induce him to reconsider a determination, which was viewed as

productive of flagrant injustice and injury to those against

whom it was directed, without any possible advantage, and

probably very detrimental, to those for whose benefit it was

intended."

To quiet and console this distressed and injured people under this

wanton decree of military power; this cruel exile; it was recommended to

them to submit without resistance to the order.

"They were assured, that the laws of the country would protect

them, and punish, even in a successful general, a violation of

the rights of, or a wanton injury to, the meanest individual,

citizen or alien. They were referred to the case of Wilkinson,

against whom an independent jury of the Mississippi territory

had given a verdict in favour of Adair, who had been illegally

arrested and transported, during the winter of 1806."

It must be recollected, that this order was issued and executed on the

last day of February, six weeks after the Charleston Gazette had

announced at New-Orleans, the ratification of the treaty of peace, as

above stated. During all this period, there had not been an appearance

of the enemy, or a movement by them, or the slightest occurrence or

rumour, to raise a doubt of the truth of this intelligence. Not a doubt

of it was expressed by any body or from any quarter. On the 14th of

February, two weeks after the sentence of banishment upon the French

subjects, "the mail brought northern Gazettes, announcing the arrival of

the treaty at Washington." Was this also a British trick and delusion,

not to be trusted even by a relaxation of the severest military

discipline, or a mitigation of the dangerous predominance of martial

law? Our author says, "the hope that had been entertained that Jackson

would now allow these unfortunate people to stay with their families,

was disappointed."

_Louallier_, a member of the House of Representatives, had been

conspicuous in bringing forth the energies of the state for its defence.

His activity and usefulness were properly appreciated by his

fellow-citizens. An opinion prevailed, that Jackson was unfriendly to

the French citizens, and to the officers of the state government.

"A report, which now was afloat, that those who surrounded

Jackson were labouring to induce him to arrest some

individuals, alluded to in the general orders of the 28th of

February, roused his indignation, to which (perhaps more

honestly than prudently) he gave vent in a publication, of

which the following is a translation, in the _Courier de la

Louisiane_ of the 3d of March."

The publication is of considerable length, and written with warmth and

ability. Our author, after giving it at large, proceeds--

"Man bears nothing with more impatience, than the exposure of

his errors, and the contempt of his authority. Those who had

provoked Jackson's violent measure against the French subjects,

availed themselves of the paroxysms of the ire which the

publication excited: they threw fuel into the 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 granted. The attorney

was directed by the Judge to inform the General of his application for

the writ and the order for issuing it.--This was in courtesy.

"On receiving Morel's communication, the ebullition of

Jackson's anger was such, that reason appeared to have lost its

control. Those who had suggested the harsh measure against the

French citizens, and the still more harsh one against

Louallier, imagined the moment was come, when their enmity

towards Hall might be gratified. We have seen that a number of

individuals, who had hitherto sustained a fair character, were

now known as accomplices of the Barrataria pirates.

Prosecutions had been commenced against some of them, and Hall

manifested that stern severity of character, which appals

guilt. The counsel of these men had conceived the idea that he

did not view their efforts to screen their clients, with the

liberality and indulgence they deserved. The opportunity now

offered of humbling this worthy magistrate, was not suffered to

remain unimproved; and Jackson was assured that Hall, like

Louallier, was guilty of an offence punishable with death.

"The general's attention was drawn to the seventh section of

the rules and articles of war, which denounces the last

punishment against persons aiding or abetting mutiny; and he

was pressed to prosecute the judge before a court martial. As a

preparatory step, with that promptitude of decision, which

Eaton says is a leading trait in his character, he signed an

instrument at once, the warrant for the arrest, and the

_mittimus_ for the imprisonment of Hall. He wrote to Colonel

Arbuckle, who commanded at the barracks, that having received

proof that Dominick A. Hall had been _aiding_, _abetting_, _and

exciting mutiny_ in his camp, he desired that a detachment

might be ordered forthwith, to arrest and _confine_ him; and

that a report might be made as soon as he was arrested. 'You

will,' as it is said in the conclusion of this paper, 'be

vigilant; as the agents of our enemy are more numerous than we

expected. You will be guarded against escapes.'

"The prosecution of the judge was intended to be grounded on

the seventh section of the articles of war, which is in these

words:--'Any _officer or soldier_, who shall begin, cause,

excite, or join in, any mutiny 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 handed an official notice of this event to the governor of

the state of Tennessee.

"On the arrival of the clerk at head quarters, Jackson asked

him whether it was his intention to issue the writ: he replied

it was his bounden duty to do so, and he most assuredly would.

He was threatened with an arrest, but persisted in his

asseveration that he would obey the judge's order. He had

handed Louallier's petition to Jackson, and, before he retired,

demanded the return of it; this was peremptorily refused, and

the paper was withheld. It appears the date of the _fifth_ of

March had been originally on this document, and that being

Sunday, Hall changed it to that of the following day, the

_sixth_. The idea had been cherished, that this alteration

might support an additional article, in the charges against

Hall. It is not extraordinary, that those who imagined that, as

Louallier might be tried for a _libel_, in a court martial,

Hall might for _forgery_. Thus one inconsistency almost

universally leads to another.

"Duplessis, the marshal of the United States, had volunteered

his services, as an aid to Jackson; a little after midnight he

visited head quarters. The imprisonment of Hall, and the

accounts from Washington, had brought a great concourse of

people near the general; who, elated by the success of the

evening, met the marshal at the door, and announced to him, _he

had shopped the judge_. Perceiving that Duplessis did not show

his exultation, he inquired whether he would serve Hall's writ.

The marshal replied, he had ever done his duty, which obliged

him to execute all writs directed to him by the court, whose

ministerial officer he was; and, looking sternly at the person

who addressed him, added, he would execute the court's writ _on

any man_. A copy of the proclamation of martial law, that lay

on the table, was pointed to him, and Jackson said, he _also_

would do his duty.

"A large concourse of people had been drawn to the Exchange

coffee-house, during the night, by the passing events, which

were not there, as at head quarters, a subject of exultation

and gratulation. The circumstances were not unlike those of the

year 1806, which Livingston describes as 'so new in the history

of our country, that they will not easily gain belief, at a

distance, and can scarcely be realized by those who beheld

them. A dictatorial power, assumed by the commander of the

American army--the military arrest of citizens, charged with a

civil offence--the violation of the sanctuary of justice--an

attempt to overawe, by denunciations, those who dared,

professionally, to assert the authority of the laws--the

unblushing avowal of the employment of military force, to

punish a civil offence, and the hardy menace of persevering in

the same course, were circumstances that must command

attention, and excite the corresponding sentiments of grief,

indignation, and contempt.'"

We have made our extract so copiously of this dangerous and extravagant

proceeding, because we wish it to be represented in the language of the

author, and not by any abridgment of ours. General Jackson having

received intelligence of the treaty which he chose to agree that he

relied upon, addressed a despatch to the British commander "to

anticipate the happy return of peace." We again take up our author.

"Jackson now paused to deliberate, whether these circumstances

did not require him, by a cessation of all measures of

violence, to allow his fellow-citizens in New-Orleans, to

anticipate this happy return of peace, the account of which,

the first direct intelligence was to bring to him, in an

official form--the untoward arrival of an orderly sergeant,

with a message from Arbuckle, to whom the custody of Hall had

been committed, prevented Jackson coming to that conclusion,

which his unprejudiced judgment would have suggested. The

prisoner had requested, that a magistrate might be permitted to

have access to him, to receive an affidavit, which he wished to

make, in order to resort to legal measures, for his release.

Arbuckle desired to know the general's pleasure, on this

application. Naturally impatient of any thing like control or

restraint, the idea of a superior power to be employed against

his decisions, threw Jackson into emotions of rage. Before they

had sufficiently subsided to allow him to act on the message,

some of his ordinary advisers came in, to recommend the arrest

of Hollander, a merchant of some note. What was the offence of

this man, has never been known; but Jackson's temper of mind

was favourable to the views of his visiters. He ordered the

arrest of the merchant, and forbade the access of the

magistrate to Hall; the idea of allowing his fellow-citizens to

anticipate the happy return of peace was abandoned, and

measures were directed to be taken for the trial of Louallier."

The boasted "promptitude and decision" of the General's character,

admirable qualities in their proper places and under proper regulation,

carried him on, deeper and deeper, into the violation of the most sacred

rights of a free citizen, and of the immunities of the officers of the

law in the administration of the laws.

"Dick, the attorney of the United States, made application to

Lewis, one of the district judges of the state, who was serving

as a subaltern officer, in the Orleans rifle company, and whose

conduct during the invasion, had received Jackson's particular

commendation. Believing that his duty as a military man, did

not diminish his obligation, as a judge, to protect his

fellow-citizens from illegal arrest, Lewis, without hesitation,

on the first call of Dick, laid down his rifle, and allowed the

writ.

"Information of this having been carried to head quarters,

Jackson immediately ordered the arrest of Lewis and Dick.

"Arbuckle, to whom Lewis's writ, in favour of Hall, was

directed, refused to surrender his prisoner, on the ground he

was committed by Jackson, under the authority of the United

States.

"The orders for the arrest of Lewis and Dick were

countermanded."

The effect of such proceedings, without parallel in a free government,

and without apology any where, may be well imagined.

"The irritation of the public mind manifested itself, in the

evening, by the destruction of a transparent painting, in

honour of Jackson, which the proprietor of the Exchange

coffee-house displayed, in the largest hall."

This brought the military in support of their General.

"A number of officers had compelled the proprietor of the

Exchange coffee-house, to exhibit a new transparent painting,

and to illuminate the hall in a more than usual manner. They

attended in the evening, and stood near the painting, with the

apparent intention of indicating a determination, to resist the

attempt of taking down the painting. It was reported, a number

of soldiers were in the neighbourhood, ready to march to the

coffee-house, at the first call. This was not calculated to

allay the excitement of the public mind. The prostration of the

legitimate government; the imprisonment of the district judge

of the United States, the only magistrate, whose interference

could be successfully invoked, on an illegal arrest, under

colour of the authority of the United States, the ascendency

assumed by the military, appeared to have dissolved all the

bands of social order in New-Orleans."

The good sense, we are told, of some of the most influential characters

in the city, prevented the extremities to which these proceedings were

fast approaching. The injured and the irritated were assured, "that

Jackson's day of reckoning would arrive; that _Hall_, with the authority

(though now without the power) of chastising the encroachments of the

military, possessed the resolution, and would soon have the power to

punish the violators of the law." The court martial, by whom Louallier

was tried, acquitted him.

"Jackson was greatly disappointed at the conclusion to which

the court martial had arrived; he, however, did not release

either of his prisoners, and on the tenth issued the following

general order:--

"'The commanding general disapproves of the sentence of the

court martial, of which Major-general Gaines is president, on

the several charges and specifications exhibited against Mr.

Louallier; and is induced by the novelty and importance of the

matters submitted to the decision of that court, to assign the

reasons of this disapproval.'"

He gave his reasons at length, which only show how hard it is for

certain tempers to acknowledge a wrong, or return to the right.

"The court martial consoled themselves, by the reflection, that

their sentence, though disapproved by Jackson, was in perfect

conformity with decisions of the President of the United

States, and of the supreme court of the state of New-York, in

similar cases."

There is something in the name and character of a _Court_, which assures

us of its respect for justice and the law.

"The independent stand, taken by the court martial, had left no

glimpse of hope, at head quarters, that the prosecution of

Hall, on the charge of mutiny, on which he had been imprisoned,

could be attempted with any prospect of success--the futility

of any further proceedings against Louallier was

evident--Jackson, therefore, put an end to Hall's imprisonment

on Saturday, the 11th of March. The word _imprisonment_ is

used, because Eaton assures his readers, that '_Judge Hall was

not imprisoned_; it was merely an arrest.' Hall had been taken

from his bed chamber, on the preceding Sunday, at 9 o'clock in

the evening, by a detachment of about one hundred men, dragged

through the streets, and confined in the same apartment with

Louallier, in the barracks. Three days after, it had been

officially announced to the inhabitants of New-Orleans, that

Jackson was in possession of persuasive evidence, that a state

of peace existed, and the militia had been discharged, the door

of Hall's prison was thrown open, but not for his release. He

was put under a guard, who led him several miles beyond the

limits of the city, where they left him, with a prohibition to

return, 'till the ratification of the treaty was _regularly_

announced, or the British shall have left the southern coast.'

"This last, and useless display of usurped power, astonished

the inhabitants. They thought, that, if the general feared the

return of the British, the safety of New-Orleans would be

better insured, by his recall of the militia, than by the

banishment of the legitimate magistrate. It was the last

expansion of light, and momentary effulgence, that precedes the

extinguishment of a taper.

"At the dawn of light, on Monday, the 13th, an express reached

head quarters, with the despatch which had accidentally been

misplaced, in the office of the secretary of war, three weeks

before. The cannon soon announced the arrival of this important

document, and Louallier was indebted for his liberation, to the

precaution, which Eaton says, the President of the United

States had taken, to direct Jackson to issue a proclamation for

the pardon of all military offences."

Judge Hall had suffered indignity without being disgraced; he had

submitted to physical force without yielding his spirit to debasement;

or surrendering one of his official or personal rights. His reward

awaited him, and it is eloquently recorded by our historian.

"Hall's return to the city was greeted by the acclamations of

the inhabitants. He was the first judge of the United States

they had received, and they had admired in him the

distinguishing characteristics of an American magistrate--a

pure heart, clean hands, and a mind susceptible of no fear, but

that of God. His firmness had, eight years before, arrested

Wilkinson in his despotic measures. He was now looked upon to

show, that if he had been unable to stop Jackson's arbitrary

steps, he would prevent him from exulting, in the impunity of

his trespass."

_Dick_, the District Attorney, has a fair claim to a participation in

these honours.

"He was anxious to lose no time, in calling the attention of

the district court of the United States, to the violent

proceedings, during the week that had followed the arrival of

the first messenger of peace; but Hall insisted on a few days

being exclusively given to the manifestation of the joyous

feelings, which the termination of the war excited. He did not

yield to Dick's wishes till the 21st. The affidavits of the

clerk of the district court, of the marshal of the United

States, of the attorney of Louallier, and of the commander at

the barracks, were then laid before the court."

The case presented to the court, was substantially such as appears in

the foregoing narrative. Hall was as resolute in his court, as Jackson

at the head of an army; the Judge was as fearless in maintaining the

law, as the General had been in trampling upon it. "On motion of the

Attorney of the United States, a rule to show cause, why process of

attachment should not issue against Jackson, was granted."

On the return day, the General, accompanied by one of his aids, appeared

before the court, and presented his answer to the rule. Some legal

questions were discussed and decided on the propriety of admitting the

answer. Finally, the rule was made absolute, that is, the _attachment

was ordered_. The General is still haunted by bad advisers.

"Jackson's advisers now found he could not be defended on the

merits, with the slightest hope of success, as the attorney of

the United States would probably draw from him by

interrogatories, the admission, that both Louallier and the

judge were kept in prison, long after persuasive evidence had

been received at head quarters, of the cessation of the state

of war. They therefore recommended to him not to answer the

interrogatories, which would authorize the insinuation that he

had been condemned unheard.

"It appears that some of his party, at this period, entertained

the hope that Hall could be intimidated, and prevented from

proceeding further. A report was accordingly circulated, that a

mob would assemble in and about the court-house--that the

pirates of Barataria, to whom the judge had rendered himself

obnoxious before the war, by his zeal and strictness, in the

prosecution that had been instituted against several of their

ringleaders, would improve this opportunity of humbling him.

Accordingly, groups of them took their stands, in different

parts of the hall, and gave a shout when Jackson entered it. It

is due to him to state, that it did not appear that he had the

least intimation that a disturbance was intended, and his

influence was honestly exercised to prevent disorder."

When the General was called, "he addressed a few words to the court,

expressive of his intention not to avail himself of the faculty to

answer interrogatories." The District Attorney then addressed the court,

with firmness, but good temper. In conclusion he said,--

"That credulity itself could not admit the proposition, that

persuasive evidence that the war had ceased, and belief that

necessity required that violent measures should be persisted in

to prevent the exercise of the judicial power of the legitimate

tribunal, could exist, at the same time, in the defendant's

mind."

The defendant--General Jackson--resorted to a strange equivocation to

extricate himself.

"The general made a last effort to avert the judgment of the

court against him, by an asseveration, he had imprisoned

Dominick A. Hall, and _not the judge:_ his attention was drawn

to the affidavit of the marshal, in which he swore Jackson had

told him, 'I have _shopped the judge_.'"

We come, with unaffected gratification, to the final triumph of the law,

in this contest with military power.

"The court, desirous of manifesting moderation, in the

punishment of the defendant for the want of it, said that, in

consideration of the services the general had rendered to his

country, imprisonment should make no part of the sentence, and

condemned him to pay a fine of one thousand dollars and costs,

only."

We should indeed regret, if our history terminated these memorable

transactions here. Every reader will be anxious to learn--How did the

impetuous spirit of the General, inflamed by his recent triumphs and

glories in the field, receive the condemnation of the law? What bursts

of passionate violence did he exhibit? What terrible explosion followed

the sentence of the court? Not a symptom or movement of the kind. He

seemed to awaken, as from a tempestuous dream, "the helm of reason

lost," and to fall into the character of a good citizen with dignity and

grace.

"On Jackson's coming out of the court-house, his friends

procured a hack, in which he entered, and they dragged it to

the Exchange coffee-house, where he made a speech, in the

conclusion of which he observed, that, 'during the invasion, he

had exerted every faculty in support of the constitution and

laws--on that day, he had been called on to submit to their

operation, under circumstances, which many persons might have

deemed sufficient to justify resistance. Considering obedience

to the laws, even when we think them unjustly applied, as the

first duty of the citizen, he did not hesitate to comply with

the sentence they had heard pronounced;' and he entreated the

people, to remember the example he had given them, of

respectful submission to the administration of justice."

We heartily wish that the scene had closed here, and the General had

appeared no more on _that stage_. But there was that within him which

forbade a quiet and unresisting resignation to his discomfiture and

humiliation.

"A few days after, he published, in the _Ami des Lois_, the

answer he had offered to the district court, preceded by an

exordium, in which he complained, that the court had refused to

hear it. He added, that the judge 'had indulged himself, on his

route to Bayou Sarah, in manifesting apprehensions as to the

fate of the country, equally disgraceful to himself, and

injurious to the interest and safety of the state,' and

concluded--'should Judge Hall deny this statement, the general

is prepared to prove it, fully and satisfactorily.'

"The gauntlet did not long remain on the ground, and the

following piece appeared in the _Louisiana Courier_:

"'It is stated in the introductory remarks of General Jackson,'

that 'on the judge's route to Bayou Sarah, he manifested

apprehensions as to the safety of the country, disgraceful to

himself, and injurious to the state.' Judge Hall knows full

well, how easy it is for one, with the influence and patronage

of General Jackson, to procure certificates and affidavits. He

knows that men, usurping authority, have their delators and

spies: and that, in the sunshine of imperial or dictatorial

power, swarms of miserable creatures are easily generated, from

the surrounding corruption, and rapidly changed into the shape

of buzzing informers. Notwithstanding which, Judge Hall

declares, that on his route to Bayou Sarah, he uttered no

sentiment disgraceful to himself, or injurious to the state. He

calls upon General Jackson, to furnish that full and

satisfactory evidence of his assertion, which he says he is

enabled to do.' The pledge was never redeemed."

Judge Martin's book is here brought to a conclusion, with some

appropriate and forcible reflections upon the duties and uses of

History, in affording lessons to men, high in authority, to bridle their

passions; to select capable and honest advisers; with other wise and

wholesome admonitions.

We heartily unite with the Judge in his just and patriotic aspirations

in behalf of the Judiciary.

* * * * *

NOTE.--In quoting from our history the anecdote respecting the

residence and imprisonment of _Fenelon_ in Canada, we do not

intend to express a belief in its authenticity. It is the first

time we have heard that the celebrated author of Telemachus had

ever been in this country; and, as Judge Martin does not inform

us of the authority on which the story is related, we know not

what credit it is entitled to.

ART. IX.--_A Full and Accurate Method of Curing Dyspepsia, Discovered

and Practised_ by O. HALSTED. New-York: 1830.

Every era has possessed its false prophet in religion, from the days of

Mahomet to those of Joanna Southcot and Fanny Wright; not that the race

commenced with the former, or has terminated with the latter; the

records of history supply us with examples of "lying augurs," in every

period previously to the career of the Impostor of Mecca, and our daily

experience furnishes us with proofs that the tribe is by no means

extinct. As in religion, so has it been, and still continues, in

philosophy, and the whole circle of science: pretenders to excellence

have started up in every age, and although their efforts in the cause of

imposition have not been so splendid as the exertions of those who have

made religion their tool, they have yet been sufficiently remarkable to

excite the eager attention of mankind, and sufficiently profitable to

reward themselves. Medical science in particular may boast of a numerous

host of these worthies: it would far exceed the limits of this

publication to trace the progress of the charlatan, through the records

of ancient history; for the sake of brevity, a retrospective glance must

not be directed beyond the fifteenth century, when the arch priest of

"modern quackery" made his appearance upon the medical stage. In the

year 1493, Phillippus Aureolus Theophrastus Paracelsus Bombastus de

Hohenheim, was ushered into existence, and at a very early age announced

his discovery, that the recognised principles of medical science were

erroneous, and that in him alone was vested "the art divine, to heal

each lurking ill." Possessing a panacea capable, as he boasted, of

curing all diseases, and even of prolonging life to an indefinite

period, this empiric made war upon the health of mankind, and at last,

after a life of the most infamous debauchery, he died, in the

forty-eighth year of his age, with a bottle of the "Elixir Vitae" in his

pocket. The mantle of Paracelsus has been left behind, and a rich

inheritance of ignorance, insolence, and vanity, bequeathed to a

multitude of heirs; the value of the legacy, however, would have been

trifling, but for the credulity of mankind, which renders these

worthless possessions of inestimable importance: during the last

century, in particular, these descendants have attained an eminence

truly astonishing. Medicine is admitted to be one of the noblest

sciences, as tending, in its practice, to relieve the most irksome

restraints upon existence; it is acknowledged to be a science founded

upon close observation, and so nearly allied to other sciences, that its

pursuit is impracticable without them; that it requires years of

patient toil to fathom its mysteries, and the undivided efforts of a

mind to comprehend its purposes; and yet we are daily told of the most

extraordinary cures, and of the discovery of sovereign remedies, in all

cases and descriptions of disease, by individuals who have never

"Toil'd an hour in physic's cause,

Or giv'n one thought to Nature's laws:"

By men, in short, who are incapable of forming one rational opinion upon

the subject, and unprepared, by previous study or information, to detect

or remove one symptom.

It is an old and apt saying, that "the wilder the tale, the wider the

ear;" and experience proves, that from the nursery to the tomb, no

legend is too marvellous for the faith of the credulous, and that in

many instances, the more incomprehensible the story, the more confirmed

is the belief.

In the numerous newspapers daily published in the United States, a list

of cures are detailed with sufficient precision to satisfy the

sceptical, and sufficient plausibility to convince the ignorant, while a

string of medicines is set forth, of such unrivalled excellence, that no

disease is protected from their action; the panacea of Paracelsus is

rivalled, and every calamity that can afflict the body, from the crown

of the head to the sole of the foot, is at once relieved. "Vegetable

Powders," "Botanical Syrup," "Bilious Pills," "Jaundice Bitters," "Eye

Waters," ointments, &c. &c. are proclaimed as veritable specifics by

these veritable physic-mongers: no disease is too subtle, no train of

symptoms too severe, for them to contend with; they only meet the foe to

conquer, and confer an immortality on suffering humanity and themselves.

Thus they flourish, the quacks of the day, the impostors of the

multitude, and, perhaps, the dupes of themselves! But if Reason, that

plain and simple attribute, in its uncontrouled state, unfettered either

by prejudice or wilfulness, can be brought to bear on the question

between them and mankind, how little will their claims appear! Reason,

in the exertion of a capable authority, is taught to discriminate

fairly, and test candidly, and must therefore refuse the evidence

tendered by folly, or something worse, by which ignorance is bewitched.

Will the man of reflecting mind, and of candid judgment, admit the

claims of these pretenders, and match the speculations of avarice and

ignorance with the conclusions of science? Impossible! Safety consorts

with skill in every path of life; he would not trust himself on the wide

ocean with a man ignorant of navigation; nay, he would not trust a bale

of merchandise with him; and surely he will not abandon his bark of

existence to the command of a charlatan, who knows nothing of the

principles of the art he professes, and is altogether incompetent to

steer clear of the numerous rocks and quicksands in the course of life;

but a man of reflection and judgment is not a very common character; he

is surrounded by hundreds who examine not for themselves; and are easily

deluded, by the fairest promises, to surrender their opinions to

another's guidance: these are the supporters of quackery, and the

encouragers of those needy plunderers, who would render medicine a

farce, that they might practice jugglery the better.

If the system of man resembled a machine, which, once in motion,

continued an unvaried power, and retained an equality of force, merely

requiring, when deranged, the tightening of a screw, the readjustment of

a strap, or the addition of a quantity of oil, little knowledge would be

required in the regulation of its functions; but when we find the

constitutions of men as varied as their countenances, the affections of

the body, numerous and diversified, never preserving identically the

same characters in two cases, or requiring the same exact treatment in

diseases, apparently of the same nature, we discover that something more

than the artifice of the quack is necessary in their government and

repair.

It would indeed be a Herculean task to administer the rod of correction

to all the advertizing medical gentry of the day: it could be done, and

with justice to the community; but it would be wearisome. A champion,

however, has recently entered the medical arena, with whom we would fain

contend, not only in the hope of conquest, but in the expectation that

others may take warning by his defeat. With him we will now alone

engage, and thus throw down our gauntlet.

A work has very lately appeared, professing to be a "New Method of

Curing Dyspepsia, discovered and practised by O. Halsted of New-York."

This publication sails in the wake of a tolerably successful practice

amongst the dyspeptics of the day, who have resorted to the temple of

our author "with faith sufficient to promote a cure." So long as this

continued, all interference was of course out of the question, as every

individual possesses an undoubted right to tamper either with his

judgment or his money; but when this aspirer after dyspeptic fame leaves

his concealment, and issues his discoveries and practices to the world,

he invites the battery of opinion, and renders himself at once amenable

to remark and investigation. A few words, however, on the subject of

dyspepsia, may not be amiss, before we take leave to reply to Mr.

Halsted.

This much abused term, is a compound of two Greek words, signifying "bad

concoction," or bad digestion, _alias_ indigestion, and sufficiently

expressive of a condition in which the aliments supplied to the stomach

are not met by a vigorous and sufficient action for the purposes of

health; but this definition, however just, is not comprehensive enough

for the genius of mankind. That genius, which, in former times, has

sanctioned the appellations of nervous disorders, and bilious

complaints, as comprising nearly all others, has now selected the term

of dyspepsia, as the covering for a multitude of real and imaginary

woes; so that when an invalid approaches with a variety of symptoms, and

a host of pains or whimsies, he is at once pronounced to be a Dyspeptic.

The book before us, commences with a short account of the organs engaged

in the process of digestion, copied from a periodical work of the day,

very good as far as it goes, and leaving nothing to be desired on the

score of brevity: our author then pursues his task, by a detail of the

symptoms of what he calls dyspepsia; from what work he procured these,

or from what unhappy wretch he could gain such a list of grievances, as

he describes arising from indigestion, does not appear; if they be in

existence now, the sooner the one is burnt and the other buried, the

better. It is evident that Mr. Halsted is unaware that dyspepsia occurs,

in one of two ways; either as a primary affection, or as a symptom of

other diseases; that he is unacquainted with the share the liver, with

its biliary apparatus, the pancreas, the spleen, the mesentery, the

omentum, &c. take in digestion, and of the symptoms occasioned by an

affection of these organs; it may therefore be adviseable to devote a

few lines to the consideration of these points, as well for the

satisfaction of the public, as for his instruction and the improvement

of his second edition. Dyspepsia, or indigestion in its simple form,

occurs either as a disease of debility, or as a consequence of excess:

the first arises from numerous causes, and seldom exists alone: the

secretion of the gastric juice is not only impaired, for the office of

no organ continues in a state of activity, all alike feeling the result

of that general depression affecting the system at large: the second may

be referred to the stomach itself, as a natural effect from

over-feeding, or indulgence in spirituous liquors. Dyspepsia, occurring

as a symptom in other diseases, appears under numerous characters,

either from the effects of sympathy, or from an extension of the malady

to the stomach itself. It may be readily granted that all the symptoms

described by Mr. Halsted, take place, in consequence of an affection of

the stomach, either primarily or secondarily; but to assert that they

are the results of a bad concoction of the viands we eat and drink, and

to act accordingly, is to misunderstand the meaning of a term, as well

as the treatment of a disorder.

It is stated, in this work, that dyspepsia is Protean in its symptoms,

but single and uniform in its nature; the very reverse is the fact; its

symptoms are of a single character, and of an uniform attack, while its

nature is variable and inconstant. A dyspeptic will complain of a want

of appetite, a degree of squeamishness and irritability, eructations,

heart-burn, pain in the head, stomach, and bowels, with costiveness; his

tongue will be furred, and his pulse a little increased in strength and

quickness. To use the language of Dr. Armstrong, "the most constant

symptoms of dyspepsia, are a furred tongue, flatulence of the stomach,

and fretfulness, or depression of spirits;" he goes on to say, "these

may arise primarily from disorder or disease in the stomach itself, or

they may depend upon an affection of the brain, liver, bowels, or some

other remote or adjacent part." The nature of dyspepsia depends totally

upon its cause, and where so many circumstances may occasion it, it is

difficult to imagine one more variable. The important organs before

alluded to, so necessary to the economy of life, are all liable to the

most severe visitations of disease. Not to be too prolix, take, for the

sake of example, the first on the list, the liver: both in the acute and

chronic forms of inflammation of this viscus, how important a change is

wrought in the digestive functions, how enfeebled does the system become

during its continuance, and how futile would be the attempt to relieve

the malady by merely attacking one of its symptoms! And so, of the other

viscera, all marked when in a morbid state by peculiar characteristics,

not only affecting their own action, but all the parts in their

neighbourhood, the stomach as one of the great centres of the system in

particular; and yet, with all these facts in review, are we presented

with a list of ailments as dependant upon an impropriety in digestion,

which may in all probability (at least the greater part of them) be

traced to a source totally different. A careful discrimination of the

origin of disease is as necessary as any after treatment, which can

never, indeed, be applied with a reasonable chance of success without

it.

Mr. Halsted recommends a change to a more temperate climate, travelling,

regular exercise, particularly on horseback, and above all, moderation

in eating and drinking; asserting, that if these means of recovery be

neglected, things will inevitably go on from bad to worse. Astonishing!

These new precepts, from the pen of such a distinguished practitioner,

cannot be too highly extolled, and should be classed with the

recommendation of old Parr; "keep your head cool by temperance, your

feet warm by exercise; never eat but when you are hungry, nor drink but

when nature requires it." Had the author stopped here, there would have

been no occasion for a rejoinder to his work; for directions so

admirable could only have obtained a ready compliance. In addition,

however, to these usual modes of recovering health and appetite, we are

put in possession of a few others, as purely original as can be

imagined--but of these anon.

Mr. Halsted arranges dyspepsia in three stages; he has the incipient,

the confirmed, and the complicated; in other words, dyspepsia in its

commencement, in its continuance, and in its union with other

affections. The two first may undoubtedly belong to dyspepsia, but the

last, or complicated stage, is the one to which we must object; it is

said, that this occurs when other organs are deranged, and a double set

of symptoms produced; "when the patient will be said to die of liver

complaint, an affection of the lungs, marasmus, dysentery, diarrhoea,

or some anomalous complication of all these affections, conveniently

classed by the Doctor when he renders his account to the sexton, under

the sweeping term, consumption." The medical profession will doubtless

appreciate the value of the connexion which Mr. Halsted is anxious to

establish between the physician and the respectable officer who acts as

the last gentleman-usher to mankind, and duly estimate the candid and

gentlemanly mode of introduction of both parties to the public.

Dyspepsia, Mr. H. continues, is the original fountain from whence all

this mischief, described in his third stage, proceeds; thus, according

to him, a catarrh, pneumonia, and the numerous diseases attacking the

respiratory organs, as "affections of the lungs," are occasioned by

dyspepsia; the liver cannot be affected but by dyspepsia; marasmus

proceeds from dyspepsia; dysentery depends on dyspepsia; and even

diarrhoea must own dyspepsia as its parent. The effects of cold and

damp, of obstructed perspiration, of scrofulous tendencies, and a

thousand other causes, pass for nought; dyspepsia rears its head as the

sole parent of ill, and little doubt can be entertained, that in the

event of a man, a little weakened by sickness, falling and breaking his

leg, this dyspeptic monitor would call the case dyspeptic fracture. Well

may the poor patient who peruses the pages of his work be called "an

unhappy dyspeptic;" and if he be not so already, he cannot read long, if

his attention and conviction go hand in hand, before the discovery of

such an accumulation of horrors, and all referred to his own person,

will render him a fit subject for the author's experiments. Some of

these symptoms are of too extraordinary a character to be passed over

without notice: coldness in the head, ears, and eyes, difficulty of

speech, and a jarring through the chest, numbness and coldness at the

stomach, and sometimes a weight as if a lump of lead were there: if this

be the case--

"Who breathes, must suffer; and who thinks, must mourn,

And he alone is bless'd, who ne'er was born."

Then again, our author has been told by a sufferer, that he felt as if a

number of wires passed up from the stomach to the brain, and there

ramifying into small branches, communicated a sort of jarring or

vibrating sensation to each particular nerve. This is a perfect musical

case of a dyspeptic, who has a sort of piano-forte stomach; we might

fancy him exclaiming in the language of Shakspeare,--

"This music mads me; let it sound no more;

For though it have help'd madmen to their wits,

In me, it seems, it will make wise men mad."

Then come "pains between the shoulders and in the small of the back,

cramps, stitches, pains in joints, with universal soreness and

weariness." This is as bad as the plague, a very wilderness of agonies.

Heaven guard us from them! To crown all, the sufferings of Caliban under

the magical touches of Prospero are applied to the wretched dyspeptic,

who has "cramps by night, and side-stitches to pen his breath up; old

cramps (one attack is not sufficient) shall rack him and fill his bones

with aches, making him roar so loud, that beasts shall tremble at his

din;" this is the very climax of bodily suffering--long may we all be

preserved from the Halsted Dyspepsia!

Error in diet, and want of proper exercise, are correctly assigned as

two great causes of this disease; the former as respects the quantity,

quality, time and manner of taking food, and the latter as it affects

persons of a sedentary habit. These causes lead to actual dyspepsia, or

a bad concoction of the food in the stomach, from whence the evils

described arise; and which are sufficient of themselves, without adding

to the list those affections, dependant upon diseases of other organs,

although occupying the stomach as their seat, and all of which our

author has indiscriminately classed under _his sweeping term_,

dyspepsia. A very common error of diet, as respects the time and manner

of taking food, is not treated of with sufficient force, when its

baneful tendency is considered:--the custom that prevails, of dining

within a very short period, sometimes only a few minutes, and returning

immediately to the avocations of the day; the food is sent to the

stomach only half masticated, and the system directly subjected to

exertion, during which, the process of digestion cannot take place. If

we make a hearty meal, and at once proceed to labour of any kind, the

food remains for hours in an unaltered state; whereas, if we give a

short repose to our bodies, by assuming an easy posture, and partially

dismissing the remembrance of past, and the prospect of future cares,

allowing, in fact, the whole business of life a short rest, as far as

may be, the stomach will perform its office with ease and certainty. Mr.

Halsted devotes one section to the consideration "of the particular

condition of the stomach in dyspepsia;" and as he confesses that doctors

differ on this subject, he kindly lends his assistance to relieve their

indecision, by roundly asserting "that it consists mainly, in a debility

or loss of power of action, in the muscular coat of the stomach." That a

feebleness of the system may affect the muscular coat of the stomach,

is far from a novel doctrine; but the idea that dyspepsia _mainly_

depends upon this cause, is certainly as new as it is startling: the

very meaning of the word would dispose us to consider that any want of

action in the stomach, preventing the due concoction, or the breaking

down of aliment for the purposes of nourishment to the frame, would

apply to it, and, strictly speaking, it would; not that the muscular

coat is alone, or the most powerful agent, in reducing the food to pulp

or chyme; it is one of the many forces in the service of nature. It must

be remembered that digestion, however well commenced in the stomach, is

not perfected there; that, in the words of Dr. Mason Good, "it ranges

through a wide spread of organs closely sympathizing with each other,

and each, when disordered, giving rise to dyspepsia." After the

formation of chyme, and the food has passed the pyloric orifice of the

stomach, it undergoes a new process in the duodenum, when it is

converted into chyle, probably by the action of the bile, although this

is a point not absolutely determined by physiological experiment; even

now, digestion is only half finished, the lacteals (a class of absorbing

vessels particularly numerous in the duodenum, and also existing in the

larger intestines) take up this fluid, for the purpose of conveying it

into the thoracic duct, which terminates in the left subclavian vein,

nor is the total process of digestion completed, until, in the language

of the author above quoted, "it has been exposed to the action of the

atmosphere, travelling, for this purpose, through the lungs, when it

becomes completely assimilated with the vital fluids." Hence, although

the meaning of dyspepsia must be restricted, as its derivations demand;

the term, digestion, bears a much more extensive signification than it

generally receives, and any error in its process may be properly

denominated indigestion; however, Mr. Halsted regards the term dyspepsia

as equivalent to indigestion, and we may, for once, adopt the same

phraseology. Now, as digestion is of so complicated a nature, how will

Mr. H. explain his reference to the muscular coat of the stomach as a

chief cause of its derangement? Is he so admirable a pathologist as to

discriminate, when called to a case of dyspepsia, whether, to use his

own words, "it consists in a diminished quantity or vitiated state of

the gastric fluid, in a morbid secretion from the inner coats of the

stomach, or from a peculiar acid generated there; whether chronic

inflammation of the mucous membrane of that organ, or a torpid state of

the liver and a deficient secretion of the bile occasion it: it would

appear that such conditions _may_ exist, and then produce their

different symptoms, requiring a _modified_ treatment;" but it frequently

happens that these cases, slight in themselves, determine principally to

the stomach, and are not apparent to the keenest eye in any other organ

upon the first attack. Besides, it is the practice of Mr. Halsted, when

he discovers that the digestive apparatus is not originally in fault,

but that a chronic inflammation of the stomach, or a torpor of the

liver, prevails, to _modify_ his treatment; this, at all events, is new

doctrine, to treat inflammation and torpor upon _modified_ principles.

If, however, diagnosis is so slight an affair in his hands, let him,

without delay, inform his countrymen at what college he studied, and

what were his plans of improvement.--Pathology is a difficult science,

and needs mentors to point out the best paths for its attainment.

The muscular coat of the stomach has undoubtedly its proper office to

perform, and, failing in its functions, it may, in conjunction with

other causes, lead to dyspepsia; but to fix upon this, in particular, is

to negative the effects of other organs, and to deceive both your

patient and yourself.

One of the most important discoveries in this work appears under the

title of "the state of the abdominal muscles during dyspepsia;" which is

pronounced to be a very characteristic feature of the disease, never yet

noticed by writers on the subject, or particularly attended to by

physicians. It would certainly have been somewhat strange for medical

writers to enlarge upon a symptom of one disease, which absolutely

belongs to another; or for physicians to attend to what they could not

detect; and it is equally singular, that this very characteristic

feature should only have favoured Mr. Halsted and his patients with a

visitation. Whenever the muscles of the abdomen are in a state of

constriction, as described by him, the usual cause is spasm of some part

of the intestinal canal, produced by _colic_, either of an accidental

nature, arising from some acrid ingesta, which irritate the bowels

without producing diarrhoea, attended with griping pains and

distention, and _spasmodic contraction of the abdominal muscles_, with

costiveness; or of a bilious form, closely allied to bilious diarrhoea

and cholera (Gregory.) These are the varieties of colic which have been

confounded with dyspepsia, particularly the first described; the symptom

alluded to has little or nothing to do with the office of the stomach,

but depends chiefly upon acrid substances, which have passed from that

organ, to exercise their pernicious qualities upon the intestines; the

sufferings of Mr. Halsted, so pathetically described, may at once be

referred to a fit of the colic, which a due want of care rendered very

frequent.

Pass we now to the treatment, premising that a ride in a stage-coach led

to the discovery of its advantages, and taking care, at the same time,

of our abdominal muscles, lest the exertion of laughter should occasion

one of the muscular spasms so much dreaded by our author. The plan is

divided into four compartments; tickling, pickling, ironing, and

throwing up the bowels. The tickling is performed by gentle taps and

slight pushes in the pit of the stomach. (Who could bear it? It would

throw nine patients out of ten into convulsions!) The pickling, by

wrapping up the patient from the chest to the hips with flannel cloths,

wrung out in a mixture of equal parts of hot vinegar and water. (This at

all events tends to _keep_ him.) The ironing, by spreading a coarse dry

towel on the bowels, and passing over them "a bottle filled with boiling

water, or, what is better, a common flat-iron, such as is used in

smoothing linen, _heated as warm as can well be borne_, for fifteen or

twenty minutes." Make an ironing-board of a patient's bowels! This is

worse than all: a man might consent to be tickled and pickled--but to

iron him for twenty minutes--mercy on us! the very thought is sudorific.

The throwing up of the bowels comes the last: fancy Mr. Halsted seated

on the right side of his patient, and facing him; then placing his right

hand upon the lower part of the abdomen, in such a manner, as to effect

a lodgment (we quote his words) as it were, under the bowels, suffering

them to rest directly upon the edge of the extended palm, and then, by a

quick but not violent motion of the hand, in an upward direction, the

bowels are thrown up much in the same manner as in riding on horseback,

a sensation being communicated like that produced by a slight blow. (It

is difficult to imagine who is entitled to the greatest admiration, the

practitioner or the patient.) This treatment, it is said, will generally

effect an increase in the strength of the pulse, a warmth in the

extremities, and a gentle perspiration. So we should imagine: if such a

mode of riding, with one's bowels in another man's hands, will not

produce perspiration, what will? The position of the sufferer, during

the last most remarkable process, may be occasionally altered, the

practitioner taking his station behind him; or he may be placed with his

back against the wall, whilst all these freedoms are taken with his

bowels. Nay, more,--he may be instructed to perform the operation on his

own person.

"Wer't not for laughing, I should pity him."

This, then, is the Halstedian treatment!

The former rules of quackery, reduced to the administration of sundry

pills or elixirs, must be abandoned in favour of the manipulating and

scouring process of the great medical wizard of the day, who relieves by

a tap, and cures by a flat-iron; and although it may be difficult to

conceive the chain of ideas by which the imagination can connect the

bumpings of a stage-coach with the operations we have described, we may

exclaim,--

"Your art

As well may teach an ass to scour the plain,

And bend obedient to the forming rein,"

as cure dyspepsia; still, we must yield our admiration to the novelty of

invention, and to the ingenuity of application of these stomach and

bowel working wonders.

It unfortunately happens sometimes, that the dyspepsia is connected with

inflamed stomach, in which case the _punching_ practice is death. We

have heard from eminent physicians, that several lives have, within

their knowledge, been endangered by it. Moreover, the real indecency of

the Halstedian process, particularly in the case of women, has greatly

shocked even the medical observers.

Before we dismiss this book from actual review, we will devote a short

space to its probable effect upon the public, and upon the best means of

counteracting its tendency.

Man, like a child, is amused by a novelty, and "tickled by a straw." His

"reason too often stoops not" to inquiry before a ready surrender, and

what is least comprehensible will occasionally receive the readiest

credence: bare assertion is admitted without proof, the rhodomontade of

enthusiasts passes for gospel, and the "leather and prunella" of

impostors are regarded as commodities of sterling value. No wonder,

then, that success attends a certain race, who are willing to prey upon

the infirmity of reason; that the mountebanks of former days are

emulated by the quacks of the present time; that Mr. Halsted has met

with abundance of patients, and a ready sale for his work: a hope of

relief from disease acts as a stimulant to faith, but "Hope is a

cur-tail dog in some affairs."

It is said of Dr. Cameron, one of the most remarkable charlatans of his

day, that when reproached by a physician concerning his deception on the

public, he replied, "Out of twenty persons who pass this house in an

hour, nineteen are fools who come to me, whilst the one wise man applies

to you--which has the better practice? Believe me, doctor, that although

the wise seek the wise in your person, the fools will find me out." How

exactly is this assertion fulfilled in the present day! The wise man,

who values his health as his greatest earthly blessing, scorns to resign

it to the care of one who knows not the value of the trust; who cannot

comprehend the principles upon which it depends, the cause which

deranges it; or discover the particular organ requiring assistance:

common sense interposes a bar to any communication between a wise man

and a charlatan; while the multitude will flock to the snare, or swallow

the bait; first the gulls, and then the victims; the nostrums, injurious

or poisonous as they may be, find ready mouths for their reception; the

dogmas, willing ears; and the system of Mr. Halsted, ready sufferers. Is

it not to be lamented, that a man who claims a caste above this

multitude, will sometimes forget himself so far as to follow their

route, heedless of the lines of Horace?--

"When in a wood we leave the certain way

One error fools us, though we various stray."

He madly leaves the track of reason to tread in the steps of folly; but

_he_ may perhaps retrace them, and if an injured, yet a wiser man. Not

so the generality,--they pursue an _ignis fatuus,_ which, dazzling their

perceptions as it lures them on, at last leaves them in the mire (from

which no skill perhaps can extricate them) to curse themselves and their

deceiver.

The exertion of medical science is sufficient for the removal of

diseases capable of cure, and is unaccompanied by the risk of leaving

others in their place: quackery, on the contrary, attempts what it

cannot, from ignorance, perform, and frequently establishes a malady of

more serious character than the one it professed to relieve. The medical

man, aware of the structure of the human form, of the disposition and

arrangement of its several parts in a state of health, is gradually led

to a consideration of their condition in disease: that grand master,

experience, enables him to discriminate between the cause and effect of

morbid action; a long attention to the detail of practice gives him

power over a list of remedies whose properties he has ascertained by

observation; and in addition to all this, his daily thoughts are engaged

in the investigation of sickness in its many forms, and, frequently, his

midnight oil expended, while he peruses the observations, and profits by

the researches of others. Again, the advertising quack is frequently an

unlettered, never a well-informed man, at least on medical topics: his

education, his habits, his purposes, are all foreign to science; the

first has not been devoted to the accomplishment of a particular duty;

the second have not received that polish, or acquired that delicacy so

necessary in the hour of sickness and distress; and the third are

directed solely to the purposes of gain, rather than to the noble aim of

assisting his fellow-creatures; and yet such a character finds support.

To the individual who can depend upon his abilities we may exclaim,

"tibi seris, tibi metis," and so dismiss him to his fate.

After all that has been said of the exertions of the charlatan to abuse

the confidence of mankind, particularly as far as dyspepsia is

concerned, it is due to the medical profession, to state what claims

they may fairly advance, to entitle them to the good opinion of the

public, in the cure of this much talked of affection.

A physician, who understands what he is about, knows very well, when a

case of this nature comes before him, that it may proceed from a variety

of causes; that it may arise in the stomach from a want of digestive

power, from the small intestines by a partial failure in the process of

chymification; that it may depend upon the morbid action of the large

intestines, or exist merely as a symptom of an affection in other

organs. Sedentary habits, or irregularities of diet, are causes which

may be supposed to act locally on the digestive organs themselves; but

the history of a case will generally show that the derangement of the

digestive organs is secondary. When it arises from local irritation, it

can only be produced through the medium of the sensorium; when it is

idiopathic, it frequently originates in causes which affect the nervous

system primarily; such as anxiety, too great exertion of body and mind,

and impure air; in many instances, the nervous irritation which has

induced the disease, being trivial, is only kept up by the reaction of

its effects. Thus says Abernethy, one of the luminaries of modern

medical science.

The first duty of a physician, therefore, is to ascertain from what

source indigestion proceeds, and to frame his treatment accordingly. To

act upon one system of cure, like our friend Mr. Halsted, in a disease

arising from such a variety of circumstances, would be as reasonable as

applying splints to an arm, when the thigh happens to be fractured; but

enough, we would hope, has been said to disabuse the mind of the public

of a predilection for these pretenders. Dyspepsia is a disease that has

existed for ages, and through ages has it readily been cured. In its

simple form there is no mystery about it, and when it becomes

complicated, it requires more than the knowledge of a quack to master

it. Confidence in a medical attendant, and an adherence to his

directions, will surely suffice now, as in former times; and if the

public will restrain a longing after novelty, and abandon those "who

rather talk than act, and rather kill than cure," in short, who work

upon their prejudices by artifice, we shall hear less of dyspepsia,

simply because it exists too frequently but in their own fancies. True,

there is a certain class, with such mental, as well as bodily

infirmities, who, worn down by depraved habits, or suffering under

weakened intellects, will permit the wildest chimeras to haunt them;

hypochondriacs may be met with every day, and these may be fit patients

for the charlatan, or legally subjected to the tickling, pickling, and

ironing of Mr. Halsted: extraordinary maladies may justify extraordinary

experiments.

The absurd and improper treatment proposed in the work we have noticed,

can afford but little hope to any but the hypochondriacal dyspeptic; he

may fly to any measures, however desperate or ludicrous; for "a mind

diseased no medicine can cure." Let others, however, who cannot plead a

malady of the mind as an excuse for resorting to such practice, be

informed, that in most of the affections arising from, or confounded

with dyspepsia, it is unavailing, and may prove injurious. There are

many diseases which it is impossible that Mr. Halsted can distinguish

from dyspepsia, and to which he would apply his irons and bottles,

towels and vinegar, at the risk of his patient's safety.

His views may be sound if adapted to the animal economy of a horse, but

are certainly unsuitable to the constitution of a man.

We would say, then, to the public, in conclusion; be cautious how you

trust your health and lives with those who neither comprehend the nature

of the one, nor the value of the other--and who would exclaim behind

your backs, with Shakspeare's Autolycus, merely altering the description

of his wares:--

"Ha! ha! what a fool Honesty is! and Trust, his sworn brother,

a very simple gentleman! I have sold all my trumpery; not a

counterfeit stone, not a riband, glass, pomander, brooch,

table-book, ballad, knife, tape, glove, shoe-tie, bracelet,

horn-ring, to keep my pack from fasting: they throng who should

buy first, as if my trinkets had been hallowed, and brought a

benediction to the buyer; by which means, I saw whose purse was

best in picture, and, what I saw, to my good use I remembered."

To the gentle pretenders themselves, we have but a few words to say at

parting:--

"Out you impostors,

Quack-salving cheating mountebanks--your skill

Is to make sound men sick, and sick men, kill."