The American JudiciaryBaldwin, Simeon E. (Simeon Eben)
History
The American Judiciary
Baldwin, Simeon E. (Simeon Eben)
Courts -- United States; Law -- United States -- History
not particularly impressed with these arguments, ordered the
proceedings to go forward and required the General to answer
certain interrogatories respecting his course of conduct, by a
day appointed. He appeared on that day and declined to answer
them, with this concluding shot:
"Your honour will not understand me as intending any disrespect
to the court; but as no opportunity has been afforded me of
explaining the reasons and motives by which I was influenced, so
it is expected that censure will constitute no part of that
sentence, which you imagine it your duty to pronounce."[Footnote:
_Ibid_., 387.]
The sentence was a fine of $1,000, which was at once paid.
The sympathy of the country was with "the hero of New Orleans" in
this affair, whose gallant defense of that city had cast a gleam
of glory upon the close of a long and apparently fruitless war.
Some of her people subscribed the money to reimburse to him the
amount of the penalty, but he declined to accept it. Nearly
thirty years afterwards Congress made an appropriation for the
purpose, and he received the full amount with interest (in all
$2,700) from the treasury, as a legislative compensation for a
judicial wrong. It would seem, however, that Judge Hall acted
within the limits of his authority. When he signed the writ of
_habeas corpus_ the State was at peace, and it was generally
known, though not officially proclaimed, that a formal treaty of
peace had been signed between the United States and Great
Britain. The courts were open; his court was open; and the
General should have respected the process which issued from
it.[Footnote: Johnson _v._ Duncan, 3 Martin's La. Reports,
O. S., 530. See opinion of Mr. Justice Miller in Dow _v._
Johnson, 100 U. S. Reports, 158, 193; _Ex parte_ Milligan, 4
Wallace's Reports, 2, 127.]
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